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Minutes 11-09-93MIHUTESOF THE PLAHNING AHD' DEVELOPMENT BOARD MEETING HELD IN COHMISS~ON CHAHBERS, CITY: HALL, BOYNTON ~EACH, FLORIDA, ON TUESDAY, HOVEMBERg, 1993AT 7.00 P.M. PRESENT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairwoman Paul Davis Bill Miller Bradley Weigle Start DubS, Alternate Tambri Heyden, Acting Planning and Zoning Director Michael Rumpf, Senior Planner Michael Haag, Zoning and Site Development Administrator James Cherof, City Attorney ABSENT Nathan Collins (excused) Hikel Jones 1. PLEDGE OF ALLEGIAJ4CE Chairman Lehnertz called the meeting to order at 7:02 p.m., and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION O__~F HAYOR~ COMMISSIONERS AND BOARD MEHBERS Chairman Lehnertz welcomed everyone and thanked them for attending this even- ing's meeting. He introduced the members of the Board. 3. AGENDA APPROVAL Chairman Lehnertz stated that he had received a suggestion to move all of the land use amendments to the end of agenda; however, since there were members of the public present to speak on these items, they remained as listed on the agenda. Vice Chairwoman Huckle suggested moving the conditional use for Checkers down on the agenda so that it could be considered in conjunction with the parking lot variance and Community Design appeal for the same applicant. Hotion Vice Chairwoman Huckle moved to move Item 7-A.12 to just before Item 7-A.15. Mr. Dub~ seconded the motion which carried unanimously. 4. APPROVAL OF MINUTES - October 12~ 1993 Mr. Miller moved to adopt. Vice Chairwoman Huckle seconded the motion which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department Ms. Heyden confirmed that the members distributed this evening. received the two handouts which were ! HZNUTES - PLANNING AND DEVELOPNENT BOARD I~EETIH~ BOYNTON BEACH, FLORIDA NOVEHBER 9, 1993 She also advised the she was in receipt of the Planning Commissioners' Journal and distributed copies to those members who are subscribers. Ms. Heyden informed the members that the application has been received for mem- bership in the APA. The annual fee is $50. 6. OLD BUSINESS None ~ BUSINESS LAND U~E ELEHENT AHENDHENT/REZONING/COHPREHENSIVE PLAN TEXT AHENDHENT Mr. Rumpf made the presentation and explained that pursuant to the Comprehensive Plan and City Commission directive, staff began a comprehensive annexation study in early 1991. Once the enclave properties were inventoried, and repeated attempts were made to contact all property owners in order to discuss the City's voluntary annexation program, a progress report was presented to the City Commission on April 8, 1993. Staff was directed to begin annexing properties within the enclave phase of the study, starting with those properties whose owners have volunteered to be annexed at this time, or who simultaneously con- sented to annexation when signing an agreement for water service. This first group to be processed consists of eleven properties of which all but one are being annexed in accordance with the provisions of the water service agreement. The property owner for Application #7 volunteered to participate in the City's program at this time. All properties consist of an application for annexation, land use plan amend- ment, rezoning and one includes an application for an amendment to the text of the Comprehensive Plan. All but two applications are clearly consistent with the future land use map and of those two, one is consistent with the corresponding site specific recommenda- tion indicated in the Land Use Problems and Opportunities Section of the Compre- hensive Plan. Staff recommends that all requests be approved. Project: Owner: Location: Description: Storage Partners III Ltd. - Annexation Program {Application #1) Storage Partners III Ltd. Property totaling 3.52 acres extending from Federal Highway to Old Dixie Highway, approximately 600 feet north of Gulfstream Boulevard (Stow-A-Way Self Storage) Requests to show annexed land as Local Retail Commercial and General Commercial, and to rezone from CG (General Commercial) in Palm Beach County to C-3 (Community Commercial) and C-4 (General Commercial). -2 - HIMUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 9, 1993 The existing land use for this application is CH/5 (Commercial High Intensity). The proposed land use is Local Retail Commercial in Area A, and General Commercial on the western portion {Area B). The existing zoning is CG {General Commercial) and the proposed zoning is C-3 {Community Commercial} on the eastern portion and C-4 {General Commercial) on the western portion. The current use is Stow-A-Way Self Storage and no change in that use is proposed. The application is consistent with the Future Land Use Map as well as with all policies of the Plan. It should be noted that one of the two land use class- ifications designated on this property by the Comprehensive Plan is not allowed currently for the subject property (commercial self storage). Since this prop- erty was developed after the Comprehensive Plan was prepared, this circumstance was unanticipated. Regard]ess of the original intent, this recommendation should be analyzed again by the City. Perhaps, this land use designation should be reconsidered for this property. Vice Chairwoman Huckle requested information on the individual acreage for each area. Mr. Rumpf responded that it is approximately three-quarters Local Retail and one-quarter General Commercial. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Motion Vice Chairwoman Huckle moved that we accept the recommendation of the Planning and Zoning Department to show the annexed land of Storage Partners III, Ltd. as Local Retail Commercial and General Commercial, and to rezone from CG {General Commercial) in Palm Beach County to C-3 {Community Commercial} and C-4 {General Commercial}, and to show it as consistent with the Comprehensive Plan. Mr. Weigle seconded the motion which carried unanimously. e Project: Owner: Location: Description: Kowal Property - Annexation Program {Application #2) Bruce R. Kowal Property totaling 2.41 acres on west side of Federal Highway, approximately 880 feet south of Old Dixie Highway Requests to show annexed land as Local Retail Commercial, and to rezone from CG (General Commercial) and RM {Residential Medium Density} in Palm Beach County to C-3 {Community Commercial}. This application is consistent with the Future Land Use Map and all policies of the Comprehensive Plan. The City's land use classification is reasonably com- parable with Palm Beach County's current land use in this zoning district with the exception of the Residential Medium Density classification being eliminated. Mr. Miller asked for clarification on why the rezoning was being considered. Mr. Rumpf explained that the City Commission has directed staff to attack the enclaves in the annexation program. Staff has done a great deal of research which involves nearly 500 properties in the enclaves. There is a policy in the Comprehensive Plan which requires the City to do an annexation program which addresses the unincorporated enclaves. -3- MINUTES- PLANNING AND DEVELOPHENT BOARD HEETING BOYNTOM BEACH, FLORIDA HOVEMBER 9, 1993 - - $al Gazzone~ 1440 Warner Ro~d~ Boca R~ton~ is a property owner next to the prop- erty in question. ~ questioned the density per acre in medium density. It was explained that the City is proposing to rezone this property to C-3, Con~nunity - * Commercial. In response to his question, Mr. Rumpf confirmed that C-3 would allow retail, office, hotel, and motel. Mr. Gazzone questioned whether or not there are an3 provisions for utilities in this area. Mr. Rumpf said there are no such provisions at this time. Utilities are within 500 feet. Motion Vice Chairwoman Huckle moved that we accept the recommendation of the Planning and Zoning Department to show that the Kowal Property, Application #2, show the annexed land as Local Retail Commercial, and to rezone from CG {General Commercial) and RM {Residential Medium Density} in Palm Beach County to C-3 {Community Commercial) and to show it as consistent with the Comprehensive Plan. Mr. Weigle seconded the motion which carried unanimously. Project: Owner: Location: Description: Lynn Property - Annexation Program {Application #3) Marie E. Lynn Property totaling 2.D8 acres located on the west side of Federal Highway, approximately 700 fee south of Old Dixie Highway Requests to show annexed land as Local Retail Commercial, and rezone from RS/SE {Residential Single Family with Special Exception} in Palm Beach County to C-3 {Community Commercial}. This property is presently undeveloped. This application is consistent with the Future Land Use Map and with the policies of the Comprehensive Plan. The City's Commercial land use classification is reasonably comparable to the County's existing commercial land use and zoning district. Mr. Miller requested clarification on the Special Exception. Mr. Rumpf stated that according to the County's zoning system, certain uses are permitted outright in a zoning district and certain uses are allowed by Special Exception. Vice Chairwoman Huckle noted that the existing land use is Commercial/5, but the zoning is Residentiial. Mr. Rumpf explained that it is possible that the zoning has not been changed to correspond to a new land use category. The County has the ability to change the land use of Commercial/5 to a Residential use with a maximum density of five, THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Motion Mr. Miller moved to rezone and recommend zoning from RS/SE to Boynton Beach C-3 and show it consistent with the Comprehensive Plan. Mr. DubA seconded the motion which carried unanimously. -4- HINUTE$ - PLANNZNG AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA NOVENBER 9, 1993 Project: Owner: Location: Description: Broward Pump &Supply CumparkY - Annexation Program (Application #4) Broward Pump & Supply Company The 0.68 acre parcel located on the east side of Old Dixie Highway, approximately ~ mile north of Gulfstream Boulevard Requests to show annexed land as General Commercial and to rezone from CG (General Commercial) in Palm Beach County to C-4 (General Commercial). The current use on this property is the wholesale of electric motors, pumps and supplies. No change is proposed. This application is consistent with the Land Use Hap and the policies of the Comprehensive Plan. The City's Con~aercial land use classification is comparable to Palm Beach County's existing commercial land use and zoning. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Mo~lon Vice Chairwoman Huckle moved to accept the recommendation of the Planning and Zoning Department and show the Broward Pomp & Supply Company, Application #4, annexed land as General Commercial and to rezone from CG (General Commercial) in Palm Beach County to C-4 (General Commercial) and to show that it is consistent with the Comprehensive Plan. Mr. Dub~ seconded the motion which carried unani- mously. 5. Project: Owner: Location: Description: Flo~ Proper~ - Annexation Program (Application #5) Ray F. and Sharon G. Flow The 0.64 acre parcel located on the west side of High Ridge Road, approximately 160 feet south of Hypoluxo Road Requests to show annexed land as Office Commercial and rezone from RS (Residential Single Family) in Palm Beach County to C-1 (Office/Professional). The current use on this property is a private nursery school/daycare center. change is proposed. No This application is consistent with the Future Land Use Map and policies of the Comprehensive Plan. Based upon the proximity to Hypoluxo Road, the existence of commercial land uses at this intersection, and the desire to preserve the resi- dential areas to the south, the City's Comprehensive Plan recommends that this area be reclassified from the County's Residential to Office land use. Mr. Davis inquir~ed as to why this property was being considered for annexation at this time, rather than waiting for a tiime when others in this area are con- sidered. Mr. Rump? explained that the locations whichwere reviewed and con- sidered are properiies which volunteered to annex or have water service agreements and alrelcontiguous to the City in the enclave areas. This property has a water servlice agreement. -5- MINUTES ' PLANN;NG AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 9, 1993 In response to Mr. Davis' question regarding z~ning 3n the area, Mr. Rumpf stated that the County zoning of the proper~y to the north is probably the same. The City's zoning and land use is Off~ce at the large parcel which extends south. Further to the south is Residential. Chairman Lehnertz pointed out that as the City moves further south, residential will be impacted. He wondered how far south the City's Future Land Use Map specifiesCommercial should extend. Mr. Rumpf stated that it is to the southern point of this particular property. This is the buffer property. Vice Chairwoman Huckle questioned whether this nursery school/daycare center will be shown as a Conditional use. Mr. RUmpf explained that this will be grandfathered, in. It iS shown as consistent with the C3ty' 's zoning.' The only time there would be a revli~w or they would be required to go throUgh the con- ditional use+process wOuldibe if the use were to change. David P~o¢~or~ 7971 ~ Rtdge Ro~d~ asked what is happening with the properties to the north!and south Or, this parcel, He was advised that nothing is happening with those parcels at this!time and they will remain in the County. Mr, Rumpf explained that continuity is being defined by the western border of the prop- erty. Ultimately, this enclave will be eliminated. The zoning is being changed to C-1 to correspondwith what is already there. C-1 is a minimal impact com- mercial zoning. Motion Mr. Weigle mOved to accept Application #5, FlOw Property, existing land use Low Residential to Office COmmercial, existing zoning RS (Residential Single-Family) to be changed to C-1 (Office/PrOfessional) and accept the annexation of this application and show consistency with the Comprehensive Plan. Vice Chairwoman HuCkle seconded the motion which carried unanimously. Project: Owner: Location: Description: Mahady Prope~y - Annexation Program (Application #6) Thomas and Mary Mahady The 0.22 acre parcel located on the east side of Old Dixie Highway, approximately 600 feet north of Gulfstream Boulevard Requests to show annexed land as General Commercial and rezone from CG (General Commercial) in Palm Beach County to C-4 (General Commercial). The Current use on this property is a Welding Service. No change is proposed, This application is consistent with the Future Land Use Map and the policies of the Comprehensive Plan. The City's Commercial land use classification is com- parable to Palm Beach County's existing land use in the zoning district. The water service agreement does not cover the entire piece of property owned by the Mahadys or encompass the entire business, The portion being annexed is only that portion covered by the water service agreement. THERE WAS NO ONE PRESENT TO SPEAK ON ~UBLIC HEARING. -6- HINUTES -PLANNIHG AND DEVELOPHEHT BOARD HEETING BOYHTON BEACH, FLORIDA NOVEHBER g, 1993 Hotton Mr. Dub~ moved that we accept the recommendation of staff to accept the annexa- tion of the Mahady property, the existing land use from Commercial High Density to General- Commercial, from existing zoning GC (General Commercial) to C-4 (General Commercial) and that it is consistent with the Comprehensive Plan. Mr. Miller seconded the motion which carried unanimously. Chairman Lehnertz recognized the presence in the audience of Vice Mayor Aguila. Mr. Rumpf explained that there are other methods of annexing properties. One which has arisen in the Legislature is the ability to annex enclaves of ten (10) acres or less. That might be the City's next approach to annexation. Project: Owner: Location: Description: Tltcomb Property - An~nexation Program (Application #7) James and Francie Titcomb The 0.20 acre parcel located on the east side of Old Dixie,Highway, approximately 400 feet west of Federal Highway Requests t6 show annexed land as Office Commercial, to,rezone from CHO (Commercial High Office) in Palm Beach County to C-1 {Office/Professional}, and to amend Area 1.q of the Future Land Use Element Sup- port DooUmen~ to remove text that is inconsistent with the proposed land use amendment. This request is inconsistent with the Comprehensive Plan and Future Land Use Map. The Comprehensive Plan recommends that this portion of an unincorporated enclave be annexed and classified as Medium Sensity Residential; however, the property has been used for a c~mmerci~al a~t studio/office for several years and the owner has current plans for upgrading his property which includes parking lot improvements, landscaping, etc. In recognition of this existing, low intensity use, the size of the subject pFoperty and its location between a retail shopping center and single-family homes, it was determined that Office land use should be considered and, therefore, reviewed with respect to con- sistency with the Plan's goals, objectives, and policies. Staff found this request to be consistent with the goals, objectives and poli- cies of the Comprehensive Plan. The Plan, including Support documents, addresses annexation and land use plan amendments and, specifically, the conversion of land to commercial use. Mr. Rumpf stated that the objectives and policies and support document text were analyzed. He read the following: 1} Objective 1.17; 2} Objective 1.17.1; 3) Policy 1.19.6; and 4} Future Land Use Support Document, Page 40. Given the ability of the subject property to provide a buffer for the residen- tial area to the west, and therefore contribute to the preservation of residen- tial areas, and since a specific geographic need must exist, this amendment is consistent with Objective 1.17, Policy 1.17.1 and the recommendations within the text which regard adverse impacts upon residentially-zoned property and -7 - HINUTESi, PLANNING AND DEVELOPHENTBOARD HEETING BOYNTON!BEACH, FLORIDA NOVEHBER 9, 1993 geographic need. Furthermore, since this amendment involves a minor adjustment to the City's boundary, this request complies with that specific recommendation on Page 40 of the Future Land Use Support Document which provides for such an exception. A Comprehensive Plan text amendment must accompany this amendment to the Future Land Use Map in order to add language within the Future Land Use Support Document, Section VIII, Problems and Opportunities {Planning Area 1.q} which would allow the Office land use category where such buffering is appropriate. Furthermore, specific language will be deleted which tends to conflict with the characteristics of the Annexation Program. {The text recommends against piece- meal annexation). Vice Chairwoman pointed out that this parcel is only .20 acres. C-1 requires a minimum of 9,000 square feet. This is only 8,714 square feet. She inquired whether this would present a problem. Mr. Rumpf advised that this would be grandfathered in. Vice Chairwoman Huckle feels this is a good proposal for the property. Mr. Davis questioned the sentence which will be struck from the text amendment with regard to annexation by referendum or other legal means. He asked for an explanation of "other legal means" and inquired why the referendum ts being struck. Mr. Rumpf stated that a referendum may still be considered, but this will limit it. The City is doing an incremental annexation step before getting to that point. If the City ends up going to a referendum, the City would like to show that annexation was attempted on a voluntary basis first. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Motl on Vice Chairwoman Huckle moved that we accept the recommendation of the Planning and Zoning Department to show annexed land of Titcomb Property, Application #7, as Office Commercial and to rezone from CHO {Commercial High Office) in Palm Beach County to C-1 (Office Professional) and to recommend approval of the amendments in Planning Area 1.q of the Future Land Use Element Support Document as recommended by staff and to remove the text which is inconsistent with the pro- posed land use amendment. Mr. Weigle seconded the motion which carried 6-0. Project: Owner: Location: Description: Beach Property - Annexation Program (Application #8) Eloise F. Beach The 0.09 acre parcel located on the east side of Federal Highway, approximately ~ mile north of the Gulfstream Mall Requests to show annexed land as Local Retail Commercial and to rezone from CG {General Commercial) in Palm Beach County to C-3 {Community Commercial). The current use om this property is a printing and copy service. No change is proposed. -8- NINUTE$ - pLANNING;AND DEVELOPMENT BOARJ) MEETING BOYNTON BEACH, FLORIDA NOVENBER 9, 1993 This application is consistent with the Future Land Use Map and the policies of the Comprehensive Plan. The City's Commercial land use classification is con- sistent with Palm Beach County's existing Commercial Land Use Design District. The water service agreement on this property only applies to a portion. In this case, the business portion of the property will be annexed, but the parking lot will be excluded at this time. Vice Chairwoman Huckle pointed out that this is a very small piece of property to be designated C-3 zoning, Nomal)y, the minimum size lot for this zoning would be 15,000 square feet. She inquired if the surrounding areas were already zoned C-3. Mr. Rumpf explained that the majority of the surrounding area will be zoned C-3. The Comprehensive Plan considers the overall desire for the area. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Motion Vice Chairwoman Huckle moved to accept the recommendation of the Planning and Zoning Department to show Beach Property, Application #8, annexed land as Local Retail Commercial and rezone from CG (General Commercial) in Palm Beach County to C-3 (Community Commercial) and to show that it is consistent with the Comprehensive Plan. Mr. Dub~ seconded the motion which carried unanimously. Project: Owner: Location: Description: 0Ingle Property - Annexation Program (Application #9) Ronald J. and Marguerite Dingle The 0.36 acre parcel located approximately 550 feet east of Federal Highway, immediately south of Colonial Club Condominium (#3 Virginia Gardens) Requests to show annexed land as Moderate Density Residential and to rezone from RM (Residential Medium Density) in Palm Beach County to R-1-A (Single Family Residential). The current use on this property is a single-family home. No change is pro- posed. This application and Application #10 helped staff identify an internal incon- sistency within the City's plan. Although the Future Land Use Map shows this area as Low Density Residential, the Comprehensive Plan, Section VIII, recom- mends ModerateDensity Residential land use for Planning Area 1.r. This in- consistency was caused by an inadvertent error. The recommendation for Moderate Density Residential has been selected and proposed because the corresponding zoning district more accurately describes the existing development character- istics {lot and home sizes, setbacks, density, etc.} of the area. The City's Residential land use classification is reasonably consistent with PalmBeaCh County's existing land use and zoning district. The maximum density allOwed Will be changed from five to 7.26 units per acre. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. -g- HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BOYHTON BEACH, FLORIDA NOVEI4BER 9, 1993 14orlon Mr. Miller moved that we accept this proposal to rezone from RM to R-lA and show it as consistent with the Comprehensive Plan ano accept staff recommendations for the annexation. Mr. Weigte seconded the motion which carried unanimously. 10. Project: Owner: Location: Description: Hoplam~zlan Property - Annexation Program (Application #10) Michael H. Hoplamazian The 0.21 acre parcel located approximately 400 feet east of Federa! Highway, immediately south of Colonial Club Condominium (#2 Virginia Gardens) Requests to show annexed land as Moderate Density Residential and to rezone from RM (Residential Medium Density) in Palm Beach County to R-1-A (Single Family Residential). This property is immediately west of Application #9, and the situation is simi- lar to that of Application #9. The current use is a single-family home and no change is proposed. Staff's reCOmmendation is th~ same as that of Application #9. Mr. Rumpf confirmed for Chairman Lehnertz that Virginia Gardens road will be annexed into the City along with Applications #9 and 10. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Mr. Dub~ moved to accept the Planning and Zoning Department's recommendation to annex the Lewis Property*, existing land use of MR5 to Medium Density Residen- tial, existing zoning RM (Residential Medium Density) to R-lA (Single Family), and to show it as consistent with the Contprehensive Plan. Vice Chairwoman Huckle seconded the motion which carried unanimously. *See note after Application #11 motlon, 11. Project: Owner: Location: Description: Lewis Property - Annexation Program (Application #11) Sally Lewis The 0.1t acre parcel located on the east side of Old Dixie Highway, approximately 845 feet west of Federal Highway Requests to show annexed land as Medium Density Residential and to rezone from RM (Residential Medium Density) in Palm Beach County to R-1 (Single-Family Residential). The current use on this property is a single-family home and no change is pro- posed. This application is consistent with the Future Land Use Map and the policies of the Comprehensive Plan. - 10- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 9, 1993 The City's Medium Density Residential land use category will increase the maxi- mum allowed in this area from five units per acre to 9.68 dwelling units per acre. Mr. Davis questioned why the increase in dwelling units is being allowed. Mr. Rumpf explained that the increase will be consistent with the Comprehensive Plan. The Plan sees the area as being a higher density because of location and proximity to the railroad tracks, Old Dixie Highway and industrial areas to the west. Furthermore, there already is intense development in the area. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HF~ARING. Mr. Weigle moved to accept the application for annexation of Lewis Property with proposed land use of Medium Density Residential and to change from the existing zoning of RM (Residential Medium Density) to the proposed zoning R-1 (Single Family) with consistency with the Comprehensive Plan. Vice Chairwoman Huckle seconded the motion which carried unanimously. *MR. DUB~ CORRECTED HIS MOTION IN APPLICATION #10 TO READ, "HOPLAMAZIAN PROPERTY". Mr. Davis asked Mr. Rumpf to explain future plans for the annexation program. Mr. Rumpf explained that the City is concentrating efforts on continual contact with property owners to motivate them to annex into the City. The City is planning infrastructure improvements. The City is focusing on "properties of particular concern". Some of these are large commercial businesses the City would like to annex. To eliminate the enclaves, there are only two alternatives at this time. They are: 1) the ten-acre enclave provision, or 2) a referendum. The City Commission will have to provide further direction. There is no target date established nor does the Comprehensive Plan mandate a specific date. Mr. Miller asked if there is a financial impact on the City with regard to the work being done by staff. Mr. Rumpf explained that urban services can be pro- vided to these areas at no cost or minimal cost because these parcels are aja- cent to properties which are already receiving services. PARKING LOT VARIANCE 13. Project Name: Agent: Owner: Location: Description: Harvey's Restaurant Tony Harvey Tony Harvey 119 Martin Luther King Boulevard Request for a variance to Section 5-142 Parking Lot Layout of Article X, Parking (i) (1), Lots. Ms. Heyden made the presentation and explained that this is a request in connec- tion with a future site plan modification the City has received for a restaurant at 119 Martin Luther King Boulevard. The applicant wishes to add an addition to the existing building; therefore, the parking lot must be brought up to Code. He is requesting relief from the mini- mum 27' distance required for access aisles. The back-up width proposed is - 11- MINUTES. PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORZDA NOVEMBER 9, 1993 23.91 feet which is a shortage of 3,09 feet. The reduced back-up is requested for eight of the twenty-tWo parking spaces. The Technical ReView committee unanimously recommended approval as submitted. Ton) HarVey, 224 N__Wi7thCourt, was present and had no problems with the proposal which was presented bY City staff. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Motion ViCe Chairwoman Huckle mOved that we recommend approval of the requested variance for HarVey's Restaurant, variance to Section 5-142 (i) (1), Parking Lot LaYout of Article X, Parking Lots. Mr. Miller seconded the mOtion which carried unanimously. 14. Project: Agent: Owner: Location: Description: Superctty Discount Foo~ & Beverage Shafiqul Islam Shafiqul Islam Northwest corner of U.S. Highway #1 & Ocean Avenue Request a variance to Section 5-142 {h} (3), Drive- way of Article X, Parking Lots. Mr. Haag made the presentation. The location of the site is on Federal Highway, two blocks south of Boynton Beach BOulevard. The variance is to the section of the Ordinance regarding the location of the driVeway from an intersection. The proposed driveway is 43.4 feet from Federal Highway. The Code requires the distance to be 180 feet. The driveway is proposed in connection with a full upgrade of the site. All other improvements of the site will be brought to Code. The applicant provided justification for the variance and that justifica- tion is contained on Page § of the back-up material. The Technical Review Committee unanimously recommended approval of this request subject to a condition of having a "no left-hand turn" sign on the west side of the south egress from the site. Vice Chairwoman Huckle referred toMr. Benoit's memorandum to Tambri Heyden dated October~20, 1993. She confirmed with Mr. Haag that the memorandum should be changed to iread, "It is my~opinion that the driveway on the north side of the subject property will not require a variance...". In response to a question from Mr. Weigle, Mr. Haag explained that this site will be brought up to Code and will have the correct lighting. Mr. Finizio stated that during the site plan review process, if the project is approved and moves forward, they will be compelled to add the proper lighting. Shaftqul Isla~ the applicant, has no objections to staff comments. .~-~ THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. - 12- NI*NUTES - PLANNZNG AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA NOVE]4BER 9, 1993 Ho~lon Vice Chairwoman Huckle moved to recommend approval of the request for variance for Supercity Discount Pood & Beverage, variance to Section 5-142 {h) {3), Driveway of Article X, Parking Lots, subject to all staff comments. Mr. Dub~ seconded the motion which carried unanimously. CONDITION USE 12. Project Name: Agent: Owner: Location: Description: Checkers Brive-In Restaurant Anna Cottrell Checkers Drive-In Restaurant, Inc. Northeast corner of Boynton Beach Boulevard and Old Boynton Road The applicant is requesting approval to construct a 785 square foot drive-in restaurant that has two {2) driYe-thru lanes and exterior seating on a vacant .96 acre site. Mr. Haag made the presentation. This conditional use is required because of the drive-thru aspect of the use. The hours of operation will be from 10:00 a.m. to 11:00 p.m. on Sunday through Thursday, and from 10:00 a.m. to 12:00 midnight on Friday and Saturday. The adjacen~ properties are zoned C-2. The property to the east is owned by FPL. To the south, across Boynton Beach Boulevard, there is a convenience store, and across Old Boynton Road is Casablanca Apartments. This site proposes two accesses; one on Old Boynton Road which is a two-way in and out, and a one-way in off Boynton Beach Boulevard. The one-way in off Boyn- ton Beach Boulevard is the subject of a variance for the distance the driveway is located from the intersection. A turn lane will be added as well as a small extension of the turn lane on Boynton Beach Boulevard. The building will be located in the southwestern-most portion of the site. It will be a one-story structure with pick-up windows on each side of the building. There will also be a walk-up window on the south side of the building. The parking lot has sufficient parking spaces to accommodate thirty-four (34) seats. The drive-thru area is completely separated from the parking facility and access way. The drive-thru lanes will provide enough space for a vehicle to be parked at the pick-up window and six additional cars to stack behind it. A dumpster enclosure is proposed for the northwest portion of the site. The dumpster enclosure will be constructed of block wall with accent landscaping surrounding it. A loading space is not shown on the plan, but it is required by staff comments. The landscaping on the interior of the site will exceed Code requirements, and meets Code requirements for perimeter landscaping and trees. Site lighting is provided for the vehicle use area. This site is located in the Mediterranean/ Spanish Design District. There are appeals to the Community Design Plan for exterior features and roof element. - 13 - MINUTES - PLANNII, I$ AND DEVELOPMENT BOARD HEET]*~IG BOYNTOH BEACH, FLORIDA NOVEIqBER 9, 1993 The sign package includes many signs for the site. The colors of the signs are white and wind surf blue {teal). The height, size and location of the signs will be consistent with Code. There is a variance for the number of menu board signs. There is a need for two menu board signs since this site has two drive- thrus. They will appear before the Board of Adjustment on Monday of next week. Mr. Haag referred to Comment #3 on Page 4 which deals with the refuse and ser- vice area. The Public Works Director was unhappy with the location of the refuse area, but worked with the applicant who has now adjusted the location to satisfy the Director. The dumpster was rotated so that it will be facing east. The on-site landscaping material will provide shielding of the refuse area. With regard to Comment #4, the applicant is required to have an on-site lift station. The applicant will construct that lift state to serve the site. Regarding Comment #5, although the applicant's plans show a concrete buffer wall, that wall will be removed. During the first submittal, the wall was required because the commercial was abutting residential on the north portion of the property. The site has now decreased in size and they no longer abut the residential. The working drawings will not show the buffer wall. A traffic impact study was submitted with the project. The number of trips which this use generated required it to go forward to Palm Beach County for review. They found it to meet their standards. The City Engineer reviewed the study and had no objections. The Planning Department recommends approval subject to all staff comments and approval Community Design Plan appeals. of the conditional use site plan of the parking lot variance and the Mr. Weigle referred to Engineering Department Memorandum No. 93-308, Item 12, with regard to the retention area. He inquired what would be required for the applicant to build another building on top of the retention pond. Mr. Finizio stated a full redesign would have to be submitted to prove that they are retaining water on site. If that is built upon, they will have to supplement or augment the existing site. Mr. Davis requested information on the current traffic load in this area. Mr. Finizio stated that the current daily volume is approximately 35,000. Anna Cottrell, Planner, BCS-Wescon, Chris Koncal, Development Engineer for C-~Ekers and Ileal, Real Estate---~n~f--6F-Checkers, were present at the meeting. Ms. Cottrell said this building will not look like the usual Checkers Restaurants. Approximately six buildings have had their corporate architecture modified. This plan is consistent with the design guidelines. This particular plan has been developed in Boca Raton, Wellington, Royal Palm Beach, Sunrise and a few other locations. The building wilt have a stucco finish. It will be peach (Apricot Lily) with a teal (Wind Surf Blue) accent and white tile. She provided photos of the Wellington store for viewing by members. The signing is limited to one monument sign at 10' from the right-of-way, 8' in height. The remainder of the signage on the building will have channel letters and will be back lighted with neon. - 14 - HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA NOVEHBER 9, 1993 With regard to landscaping, there will be Coconut Palms and Hibiscus. The program developed for this site will enhance the area and it is consistent with the City's intents. The retention area is not proposed as a pond. It will be sodded. It was ini- tially proposed as available for future development, but because of the decrease in size of the site upon title work, it became difficult to plan future develop- ment on the site. The applicant is aware that if an additional user is found for that site in the future, drainage calculations will have to be redone to see if the site could accommodate additional development. Regarding the traffic, although the back-up material indicates over 1,000 trips generated by this use, it does not reflect that this use has a 40 percent cap- ture rate, meaning at least 40 percent of the traffic going to the site is already on the road. Palm Beach County has, in three special studies specifi- cally for Checkers, indicated that the average daily traffic generation is only 809 trips. Furthermore, most of the traffic generated is off peak. The site was designed with two access points to insure a traffic flow which will allow traffic into the site at only two points, so that there are no conflicts with vehicular movements on the site or between traffic on the site or on the road. Ms. Cottrell noted that there were several comments from staff with respect to the loading space. The applicant has accepted all of staff's recommendations with one exception. While there is room on the site to add the loading space, the applicant does not feel it is necessary because all loading takes place prior to 10:00 a.m. which is the opening time for Checkers. Rather than pave over additional land, the applicant proposes that one area of the parking lot be utilized for a loading space and they will accept a condition that loading be limited to the hours prior to 10:00 a.m. Mr. Miller noted that there is a great deal of trash on the ground around the Hypoluxo Road restaurant. He'inquired as to what precautions will be taken to avoid that situation. He further inquired about the buffer wall. Ms. Cottrell explained that the wall was originally shown on the plan because it was expected that this facili~tywould be adjacent to a residential district. When the title work was complete, there was 25' less on the east side of the property and the facility is no longer immediately adjacent to residential. There is a 25' space separation. There will be a vegetative buffer on that property line with Live Oak trees. Mr. Koncal addressed Mr. Miller's question regarding trash. He stated that Checkers is an upscale dining facility. He wilt investigate the situation reported this evening. He stated that most of the sites are kept very clean and there are canisters for rubbish in front and behind the sites. Mr. Weigle confirmed that the Boynton Beach facility would look like the photos which were viewed of the Wellington facility. Mr. Koncal said the only modifi- cation to the Boynton Beach facility is that it will have a Spanish-textured stucco as a fini~sh. Mr. Koncat further stated that the fascia neon will match the teal in the columns. - 15 - MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOYNTON BEACH' FLORIDA NGVEHBER 9, 1993 In response to Mr. Davis' question, Ms. Cottrell advised Checkers is in the pro- cess of doing a photometric study of the site. There was a request for Checkers to add some architectural features as part of the Community Design Plan, She displayed a picture of the lighting fixtures which will be used around the patio area. These fixtures will be approximately 15' to 20~' high around the patio. The remainder of the site will have shadowbox lights approximately 35' high. Following the results of the photometric study, the applicant will work with staff to come up with the correct number of fixtures which will provide the best lighting and prevent glare from the site. Mr. Koncal advised that Checkers will be adding a fountain feature in front of the outdoor seating area. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. tn response to Chairman Lehnertz' question, Mr. Haag advised that he stands by the staff recommendation for the loading zone, and the applicant would need a variance to remove it from the site. Mr. Weigle advised that he is familiar with the Checkers Restaurant at the corner of 6th and Dixie. That site is very clean and he has seen the driveway being hosed down every evening° Chairman Lehnertz also added that he has seen employees sweeping the dining area in order to keep it clean. Mr. DubA confirmed with Ms. Cottrell that the applicant would be agreeable to a condition which would restrict loading. Ms. Cottrell asked that the condition be for loading not earlier than 7:00 a.m. or later than 10:00 a.m. Chairman Lehnertz, and Messrs. Weigle and Dub~ are opposed to paving over any more land than is necessary. Mr. Haag noted that the plans indicated 25' high site lighting poles, but heard the applicant mention 35'. The final determination will be made when the photo- metric study is received. Mr. Haag reminded the applicant that staff is con- cerned that no glare goes onto other property. Mr. Davis expressed concern for the apartment development to the west. He feels noise and glare will present problems for those residents. Furthermore, he is concerned about stormwater. He feels this restaurant is too close to the inter- section. He does not feel this site lends itself to this type of development. Vice Chairwoman Huckle is also opposed to this project on this site. She feels all the traffic will spill out onto Old Boynton Road and travel across the incoming lane to get to the intersection. All of the parking is situated so that people will have to cross a drive-thru lane to walk up to get food. She does not feel this site is appropriate for this use. She feels the color scheme lends itself to the Com~nunity Design Plan, but she does not like the location. Motion Mr. Weigle moved to accept the conditional use for the application requesting approval to construct a 785 square foot drive-in restaurant subject to staff comments and conditions and eliminating the loading zone with a restriction that loading is to be done between 7:00 a.m. and 10:00 a.m. Mr. Dub~ seconded the motion. - 16 - NINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORIDA HOVENBER 9, 1993 Mr. Miller feels that since there were no objections from the neighbors, they are satisified with this proposal and he will support it, The vote carried 4-2. (Vice Chairwoman Huckle and Mr. Davis cast the dissenting votes.) PARKING LOT VARIANCE 15. Project Name: Agent: Owner: Location: Description: Checkers Drive-In Restaurant Anna Cottrell Checkers Drive-In Restaurant, Inc. Northeast corner of Boynton Beach Boulevard and Old Boynton Road Request for a variance to Section 5-142 {h) {3), Driveway of Article X, Parking Lots. Mr. Haag made the presentation. The subject of this request is the one-way driveway on Boynton Beach Bouleva~rd. It involves the distance of the driveway from Old Boynton Road intersection. The classification of the roadways requires the distance to be 180'. The applicant is requesting that it be 1131. The Technical Review Committee recommends approval of th? request subject to staff comments contained in Engineering Departmen~ Memorandum' No. 93-301 {back-up material shows this memorandum as 93-31D). Mr. Haag explained that the applicant must go to conceptual approval from Florida Department of Transportation. Once that conceptual approval is received, the City will make a final determination and the applicant will follow through with working drawings to F.D.O.T. Although there is enough room on the site to make the distance 180', F.D.O.T. has a requirement that a driveway cannot be on part of the taper of the turn lane. It must start where the turn lane is parallel to the center of the road. Mr. Dub~ noted that the drive-thru on the left will cut in front of the drive- thru on the right. Mr. Haag said merging will take place. There is approxi- mately 25' from the front of the building to the driveway. Then there is a 16' drive aisle. That amounts to 40' of distance between the two drive aisles. There is no site visibility problem, Ms. Cottrell stated conceptual approval has been issued by F.D.O.T. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Mr. Davis was opposed to the driveway and feels it should be eliminated. Chairman Lehnertz said that this is in an area where traffic opens up to an additional lane and sometimes traffic gets scary; however, Ms. Cottrell provided information regarding the peak hours of service of the facility and they would not coincide with the traffic peaks. Mr. Weigle realizes that this is a dangerous area between 4:00 p.m. and 5:00 p.m.. He noes not know whether this driveway will add to that situation, but - 17 - NIHUTE$ - PLANNING AND DEVELOPMENT BOARD NEETING BOYNTON BEACH, FLORIDA NOVENBER 9, 1993 suggested the Police handle the problem of speeding vehicles in the area. This should not be a building problem; it is a Police problem. Mr. Koncal met with F.D.O.T. for over three hours to work out the best location for this driveway. It was placed in this area in conjunction with F.D.O.T. standards. Mr. Dub& moved that we approve the parking lot variance for Checkers Drive-In Restaurant subject to staff comments taking note of Mr. Haag's Memorandum No. 93-282, last paragraph of Page 1, which reads: ("If the Board rules in favor of the variance request, the Technical Review Committee encourages the Board to include the conditions stated in the Engineering Department Memorandum as part of the approval of the variance. The Technical Review Committee considers the conditions of approval by the Florida Department of Transportation and the extension of the on-site access aisle (entrance throat), requested by the TRC, to be safety concerns {hat would improve the traffic conditions at the right-of-way intersection and~improve the on-site traffic flow p~us provide an on-site s~acking space at the southern entrance to the site.") Mr. Weigle seconded the motion which carried 4-2. (Vice Chairwoman Huckle and Mr. Davis cast the dissenting votes.) B. CONNUNITY DESIGN PLAN REVIEW Review a request by Checkers Drlve-In Restaurant, lnc, to seek relief frOm the roof covering and architectural features require- of the Cemmunlt~ Design Plan, The stte Is located at the northeas: corner of Bo~nton Beach Boulevard and Old Bo~nton Road and the Spantsh/Nedlterranean destgn d~strtct, Mr. Haan made the presentation, During the process of developing the site and designing the building, the applicant attempted to reach the Spanish/Mediter- ranean style desig~ theme and fell short on certain items. They are requesting an appeal to placing those items on the site or building. They are requesting relief from providing the appropriate roof element, wall accessory and window type. It was explained that this building does not have any of the roof features listed in the Plan. The applicant is required to provide three wall accessories and they have only provided the accen~ tile. They chose to select one of the Amenities, a ~ountain, andlapply it toward their wall accessory. They are still required to have an additional wall accessory. Mr. Haag reviewed the photos supplied by the applicant and explained that they show a black cheCkerboard which is not shown on the drawings. The photo also shows a fluoresCent light which is not shown on the drawing. - 18 - MINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA NOVEMBER 9, 1993 In Mr. Davis' opinion, the style of this building is modern or contemporary. Ms. Cottrell stated that the applicant made a mistake in omitting the black tiles. There will be a bit of black tile around the columns. Also, the neon band around the fascia will be teal. She pointed out that the fountain has not yet been selected, but it will be of stone material. There will be a wrought- iron railing around the patio. Mr. Davis likes the style of the Checkers building and feels the applicant is making a mistake installing a Spanish fountain in front of the building. He feels this building will be out of place. Ms. Cottrell advised that these features were added to decrease the number of variances that would be required. Mr. Weigle said he was opposed to the residential property being put in this area a few years ago because this area is almost entirely commercial. With regard to comments on lights and noise, the lights and noise from cars going past the residential do not permit the use of patios by residents even if the Checkers is not put in this location. He pointed out that the strip center across the street from this proposed building is not Spanish/Mediterranean in style nor are the Texaco station or Wendy's. He feels this is an upscale, good looking structure on a small piece of land. He feels it is a good use for this property. He is not in favor of the fountain because fountains are difficult to keep clean. Chairman Lehnertz noted that many of the buildings in this area were built prior to the City having an architectural scheme for the area. Not long ago, this Board reviewd the Waffle House plans. They had a number of features which did not come up to standard and this Board recommended rejection of their applica- tion. The City Commission agreed with that decision. The applicant redesigned their project, resubmitted it, and it was approved. Chairman Lehnertz feels the Community Design Plan should be adhered to. He feels Checkers has done a very good job, but the building does not took Mediterranean in styling. He feels this building should comply with the architectural design features in the Code at this time. Moti on Mr. Weigle moved to grant the appeal for the Community Design appeal for Checkers Drive-In subject to staff comments. Mr. Dub~ seconded the motion. motion failed 3-3. {Chairman Lehnertz, Vice Chairwoman Huckle and Mr. Davis cast the dissenting votes.) The CO~ENTS BY NEMBER$ m None There being no further business to come before the Board, the meeting properly adjourned at 10:10 p.m. ~danet M. Prainito Recording Secretary (Four Tapes) - 19 -