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Minutes 04-13-93NINUTES OF THE PLANNING AND DEVELOPHENT BOARD HEETING HELD ]'N CONNISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APR~*L 13, 1993, AT 7:00 P, 14. PRESENT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairwoman Nathan Collins Ken Johnson Bradley Wei~le ABSENT Shirley Stevens Paul Davis, Alternate (Excused) N~than Sus~ma~, Alternate (Excused) Christopher Cutro, Planning and Zoning Director Mike Haa9, Zoning and Site Development Administrator James Cherof, City Attorney 1. PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:10 P. M. The Pledge of Allegiance to the Flag was recited. 2, INTRODUCTIONS Chairman Lehnertz introduced Mayor Harmening, Commissioner Katz, City Manager J. Scott Miller, City staff, the recording secretary, the Board members, and City Attorney James Cherof, 3, AGENDA APPROVAL Mr. Collins moved to table Item 6, Election of Chairperson an~ Vice Chairperson until the next scheduled meeting of the Planning and Development Board. Ms. Huckte seconded the motion, which carried 5-0. Mr. Cutro explained that Item 9.A.1, Consistency Review, was denied by the City Commission on April 8, 1993, and requested this be withdrawn from the agenda. Ms. Huckle moved to withdraw Item 9.A.1 from the agenda. Mr. Johnson seconded the motion, which carried 5-0. 4. APPROVAL OF NINUTES Mr. Collins moved to approve the minutes of the March 9, 1993 meeting as sub- mitted. Ms. Huckle seconded the motion, which carried 5-0. 5. C014MUNICRTIONS RNDANNOUNCENENTS Mr. Cutro asked the members to bring a check to the next meeting to renew their subscriptions to the Planning Commissioner's Journal. - 1 - MINUTES . PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 13, 1993 A. Report of the Planning and Zoning Department Mr. Cutro reported that the City Commission unanimously approved the site plan for Kidstop at the March 16, 1993 meeting. At the April 8, 1993 meeting, the City Commission instructed staff to proceed with enclave annexation, but to slow down on any western annexation because the numbers do not look very good. The Planning and Zoning Department will further explore the numbers and will report in the fall. At this point in the meeting, Chairman Lehnertz recognized Vice Mayor Aguila in the audience. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON This item was tabled until the next scheduled meeting of the Planning and Development Board. 7, OLD BUSINESS None. 8. NEW BUSINESS A. Public Hearing Conditional Use 1. Project Name: Agent: Owner: Location: Description: Pollo Tropical Glenn Rozansky, Pollo Tropical V.S.B., Ltd. Northeast corner of Quantum Boulevar~ Request conditional use approval to construct a 3,637 square foot, 100 seat drive-thru restaurant on a leasea outparcel site at the Shoppes of Boynton, north of Quantum Boulevard and west of the movie theatre Utilizing an overhead projector, site plans, photographs, and color elevations, Mr. Haag reviewed the April 5, 1993 staff report relating to this request for conditional use. The Technical Review Board recommended approval of this project, subject to the comments contained in Engineering Department Memorandum 93-088, City Engineer Richard Staudinger's April 5, 1993 memorandum, Building Departmont Memoranda 93-069 and 93-064, Police Department Memorandum 93-066, Forester/Environmentalist Memoranda 93-151 and 93-136, and the April 5, 1993 Planning and Zoning Department memorandum, reference 2nd Review File No. 731. The Planning and Zoning Department also recommended approval subject to staff comments. ' -2- 14~N~ES :- Iq. ANNTNG AND DEVELOPNENT BOARD 80YNTON 8EACH, FLORIDA APRIL 13~ 1993 Ms. Huckle expressed concern about the loading zone conflicting with the drive- thru. Mr. Haag said he was assured by the applicant that deliveries would not be accepted at times when they would create traffic problems. Chairman Lehnertz expressed concern about there being a safety hazard should people have to park on the south side of the site and walk across Quantum Boulevard. In addition, he felt there should be some lighting or a crosswalk to help the pedestrians cross Quantum Boulevard. Mr. Collins also expressed con- cern about the people having to cross Quantum Boulevard. Mr. Haag pointed out that the City has a bond that could be used for lighting. Mr. Cutro stated that the applicant is willing to cooperate with ?e City and that a good crosswaik situation with good lighting anU a couple of warning signs could probably be worked out. Ms. Huckle inquired about: ~he Palm Beach County mobile unit facility mentioned in Building Department Memorandum 93-064. With regard to the loeding:space and its proximity to the drive-tkru lane, Glenn Rozansky stated that del-ive~ry of goods is arranged between 8:00 A. M. and 11:00 A. M., prior to the drive-thru opening at 11:00 A. M. With respect to the Palm Beach County mobile unit facility (the Tax Collector's trailer), Mr. Rozansky adv'ised that plans are being made to relocate that trailer as soon as an a~ce~p~able spot can be found. Gary Rito with Draper and Kramer, the ownership entity of V.S,B. Ltd., added that an exact location has not yet been determined. In response to Mr. Weigle, Mn. Rozansky stated that upon receipt of the permit, construction will take thr~months. He anticipates opening for business this calendar year, In response to Mr. Collins, Mr. Rozansky stated that 99 per cent of staff's com- ments will not be a problem. He would like to find other solutions to some of the problems, such as illuminating the tile canopy instead of using freestanding poles. If staff is concerned that the lighting is at the top, then Mr. Rozansky would like to solve the problem by illuminating the canopy from below. In response to Mr. Johnson, Mr. Rozansky advised that the drive-thru canopy is also illuminated. Mr. Weigle asked if there is enough room for the recommended 20 foot stacking space after the drive-thru window. Isaac Sklar, the architect fo~ this project, advised him that there is plenty of space available. NO ONE WISHING TO SPEAK ON PUBLIC HEARING, CHAIRMAN LEHNERTZ DECLARED PUBLIC HEARING CLOSED. Mr. Cutro stated that he will meet with the applicant prior to the City Commission meeting to come up with solutions to the concerns expressed by the Board. -3- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 13, 1993 Motion Mr. Collins moved to approve the request for conditional use approval to construct a 3,637 square foot, 100 seat drive-thru restaurant on ~ leased out- parcel site at the Shoppes of Boynton, north of Quantum Boulevard and west of the movie theatre, located at the northeast corner of Quantum Boulevard and North Congress Avenue, subject to all staff comments. Mr. Johnso~ seconded the motion, which carried 5-0. B. C~unity De$tgn Plan Review 1, Revtew a request by Isaac Sklar, representing Pollo Tropical, to Construct a Mediterranean/SPanish style designed bu11~tng at the ShoPpes of Bo~nton. The Shoppes of ~oynton Is located In the C°~Stal Vtlla~e Design District, Motion Mr. Johnson moved to allow Pollo Tropical to construct a Mediterranean/Spanish style designed building at the Shoppes of Boynton, where the Coastal Village Design is required, using the drawings of Isaac Sklar and Associates, Architects. Ms. Huckle seconded the motion, which carried 5-0. C, Planned Oevelopmen~ Nodiflcation Master Plan Nodlfl:ation 1. Project Name: Agent: Owner: Location: Description: Shoppes of Woolbrlght, Planned Commercial Development Chuck Yannette, Kilday and Associates Tradewinds Development Shoppes of Woolbrlght, northwest corner of Woolbright Ro~d and Master Plan Modification to allow the expansion of the Home Depot Garden Center from 19,375 square feet to 28,120 square feet (8,745 square foot expansion) Mr. Cutro reviewed his April 8, 1993 memo to the Board regarding this Master Plan Modification. Staff recommended forwarding th)s to the City Commission for approval, subject to comment i of the City Engineer s April 2, 1993 memorandum. Motion Ms. Huckle moved to approve the Master Plan Modification to allow the expansion of the Home Depot Garden Center from 19,375 square feet to 28,120 square feet, subject to the City Engineer's comment that any transfer of properties, if any, in conflict with the Shoppes of Woolbright PCD Plat will require replatting to align property lines with platted tract boundaries. Mr. Johnson seconded the motion, which carried 5-0. -4- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 13, 1993 Project Name: Agent: Owner: Location: Description: ~hoppe$ of Won)bright, Planned Commercial Development Chuck Yannette, Kilday and Associates ?radewinds Development Morth~e$~ corner of Woolbrlgh~Ro~d ~nd $outh~e$~ ~h Street Master Plan Modification to allow the subdivision of Tract "B" of the Shoppe$ of Woolbright site, to allow a convenience store with gasoline sales, two addi- tional driveways and a canopy encroachment into the side setback Using the overhead projector, Mr. Cutro reviewed Planning and Zon!ng Department Memorandum 93-065 and recommended that this request be forwarded to the City Con~nission with a recommendation of approval, subject to (1) a traffic analysis showing that the new use, plus the square footage of other uses in Parcel B, will not exceed the allowable trips for 62,000 square feet of commercial (this traffic analysis should also address how driveways wilt affect traffic flow in the intersection {see Engingeering Comment 3)); and {2) comments made by other departments. Mr. Cherof confirmed for Ms. Huckle that the owner of Tradewinds has input regarding what happens to this outparcel, and that someone can legally own an outparcel and still be under the umbrella of the PCD. Chairman Lehnertz referred to the ordinance in effect when all this came about. This ordinance specified a minimum 1,DO0 foot distance between gasoline stations and church properties. Chairman Lehnertz pointed out that if the Board approves this, then it is almost locked into approving a gasoline station on this site, regardless of what happens with the site plan. Mr. Cutro was not certain how to deal With this. He said the Court specifically told the City to be flexible wi~h ne~iews. He added that Tradewinds has informed him that the church has shbwn a willingness to sell them the property so they could put housing on it. Mr~'~hero( advised that in previous discussions with Tradewind representatives in-Court Q6d in a mediation setting, the City has advised them that if they go with ~he ~as station, nothwi,thstanding the designation of the church site, they may for~c1Qse the future development of that site as a church. M~, Cherof said theyappa~ently wish to proceed in that fashion, and that if and when they deyel'op it~e church parcel, the City will have to deal with it. H~ further advised it~t the position that the City has asserted is that the 1,000 foot rule wiii app:l~iat that point in time. In response to Chairman Lehnertz, Mr. Cutro stated that if the Board recommends app~oV~T, 's:ubject to staff comments, the comment regarding the traffic analysis will be addressed. Moti on Mr. Collins moved to approve the Master Plan Modification to alto~ the sub- diVi~s~on of Tract "B" of the Shoppes of Woolbright site, to allow a convenience -5- [4IHUTE$ - PLAHHING AHD DEVELOPNENT BOARD NEETING BOYNTOH BEACH, FLORIDA APRIL 13, 1993 store with gasoline sales, two additional driveways and a canopy encroachment into the side setback, subject to all staff comments. Ms. Huckle seconded the motion, which carried 5-0, D. Slte Plan New Site Plan 1. Project Name: Agent: Owner: Location: Description: Racetrac Joe Kolb, CCL Consultants, Inc. Tradewinds Development Northwest corner of Woolbrtght Road and Southwest 8th Street Site plan for a convenience store with gasoline sales Utilizing the overhead projector and color elevations, Mr. Cutro reviewed the agenda material relative to this site plan. Mr. Cutro advised that he received a memo today ~rom the Utilities Department indicating that Racetrac and Mr. Kolb are aware that the utility lines have to be relocate~ and that thby will address this issue as part of their development plan. Staff recommended that this be forwarded to the City Commission. Chairman Lehnertz expressed concern about the storm water drainag? into the unfinished lake. Mr. Staudinger stated that he has been assured in writing that the lake will be finished. He assured the Board that he will not sign these plans off at the permit stage until the proper drainage system is available. Mr. Staudinger stated that the comment on the site plan pertains to an inlet grate located in the drivewa~ off. Southwest 8th Street. The engineers indicated to Mr~ Staudinger that this i~ actually a, control structure and it is not necessary to have an inlet top on it. They are going to change that to a manhole so that no drainage Will go into there. Then the si:te will meet the dry pretreatment requirements of the Code. Chairman Lehnertz expressed concern about the owner mining the lake for fill material. Mr. Staudinger stated he had concerns that the lake was being overex- cavated and, therefore, had interim survey depths done through the lake. Mr. Staudinger assured the Board they are within the requirements. Ms. Huckle inquired about the driveway widths exceeding City standards. Mr. Staudinger advised that City Code states that driveways cannot be wider than 32 feet unless approved by the City Engineer, and that it is very common on gas station sites to request larger ones so the gasoline trucks can egter without driving over the curb. He received such a request and will review the circula- tion plan. Mr. Weigle wondered how long the red and white fabric awning will last in the Florida sun. Melvin Simms of Racetrac Petroleum advised that the awning is an all-weather fabric material with an aluminum frame, It is entirely illuminated and attaches to the fascia of the building. He has had no problems with this type of awning and fully intends to maintain it. -6- MINUTES - PLANNING AND DEVELOPMENT BOARD NEETING BOYNTON BEACH, FLORIDA APRIL 13, 1993 Ms. Huckle asked about the location of the dumpster. Mr. Simms was not sure why staff thinks the location of the dumpster would interfere with traffic flow. Mr. Cutro explaiQed the problem with the present location of the dumpster and stated that there are enough options on the site to work this problem out. He will ask Bob Eichorst, the Public Works Director, which location is best for the dumpster. Mr. Simms was willing to cooperate. Mr. Simms referred to the Building Department's comment about the lack of detail of the handicap ramp. Mr. Simms said the sidewalk is flush with the parking lot, making the entire parking lot handicapped accessible. Mr. Outro advised him to submit the plan {o that effect. Motion Ms. Huckle moved to approve the site plan for Racetrac for a convenience store with gasoline sales, subject to staff comments. Mr. Collins seconded the motion which carried 5-0. ' 2. Project Name: Agent: Owner: Location: Description: Waffle House Dave Miller, Architect Waffle House (Richard Hoggin Botham) Southv~et corner of N. W. 7th Street and West Boynton Beach Boulevard Request site plan approval to construct a 1,865 square foot, 44 seat restaurant on a .284 acre site that abuts the northeast corner of Gateway Centre Mr. Haag used the overhead projector, and elevations and photographs were displayed during his review of the April 7, 1993 staff report. The design of the proposed building does not incorporate the appropriate architectural features, and the rear setback is only 10 feet, instead of the required 20 feet. The Technical Review Corr~nittee recommended approval, subject to s~aff comments. Mr. Haag pointed out that in order to comply with his comments and the comments of the Public Works Deparm~ent, a substantial change in the layout of the site would be required, unless the applicant receives a variance for a reduction in the setback and relief from the Conmiunity Design requirements. The Planning and Zoning Department recommended that the Board remand this project back to staff and direct staff to Work with the applicant to resolve the staff comments. However, Mr. Cherof advised that the Board cannot remand this project back to staff; it must go forward ~o the City Commission with a recommendation for approval, approval w~th conditions, or denial. Discussion ensued regarding the problem with the setbacks due to the subdivision of the property, In response to Chairman Lehner~z, Mr. Haag advised that Mr. Staudinger reviewed traffic generation for this site and had no comments. Since this is a 24 hour operation and since it is next to a residential area, Chairman Lehnertz asked if City staff considered the negative impacts of light - 7- MINUTES - PLANN)NG ,ANO DEVELOPMENT BOARD NEET)NG BOYNTON BEACH, FLORIDA APRIL 13, 1993 and noise. Mr. Cutro agreed that some attention needs to be paid to the lighting on the build~ng, especially at the rear, so that the light does not shine into the single-family area on the south side. The lighting will be checked at building permit t'ime. In addition, a wall or hedge might be needed to buff the sound, Mr. Haag stated that the Public Works Department had a problem with the dumpster location. This was brought to the attention of the architect, who informed ~r. Haag that he has resolved this problemwith Mr, Eichorst, by ~liminating the umpster enclosure and enlarging the existing one in the back, thereby creating two more parking spaces. David Miller, Architect, representing Northlake Foods, Inc. (a franchisee of Waffle house}., stated that ~orthlake Foods, Inc. is a contract purchaser for this site and that the purchase is based on site plan approval and approval by the City prior to closing, on the propertY. He confirme~ he resolved the problem with the dump~ter locatiJn with Mr. Eichorst. With regard to the Community Design requirements, Mr, Miller advised that a cermanic tile band~ accents, and medallions can be added to the arahitectural features. He asked for a condi- tional acceptance So he can proceed with the next steps and be able to apply for a variance relative to the rear setback. If the variance is a problem, he said Waffl~ House andthe owner may be able to work something out relative to a Iong- termtease arrangement. Susan Colvln, ~23 WestOcean Avenue, felt that the traffic, noise, parking, and c~ime problems~hat already exist in this area will be amplified if the W~ffle House is aPP~oVc~d. God,Ion Eskrtdge, 829 West Ocean Avenue, was concerned with delivery times and tractor tnail~6s tearing up the curbs. He felt the Police Department should be involved in th~ approval of this project. Mr. Cherof pointed out that there is a memo from th~ Pblice Department with respect to this property. Chairman Lehnertz, Mr. Collins, and Ms. Huckle expressed concerns about this project not me~ting the Community Design requirements. Ms. Huckle also ~x~reSsed core, Frs about the traffic at that intersection. Motion Mr. Collins moved to deny the request for site plan approval to cqnstruct a 1,865 square foot, 44 seat restaurant on a .284 acre site that abuts the northeast corner ~f Gateway Centre. This motion was based upon nqnconformance with the Community Design requirements and the problem with the setbacks and not having a variance for those. Mr. Johnson secondeU the motion. In response to Mr. Miller, Mr. Cherof advised that the City Commission has the authority not to follow the recommendation of this Board and approve the site plan. Mr. Miller's points can be addressed at that time. -8- HINUTES - PLANNING AND DEVELOPNENT BOARD HEETING BOYNTON BEACH, FLORIDA A~RIL 13, 1993 In the interest of time, and to avoid having the applicant start this process all over again, Mr. Weigle would rather approve this site plan, with conditions, instead of denying it. The motion carried 4-1. Mr. Weigle cast the dissenting vote, NaJor Site Plan Nodiftcatton 3. Project Name: Barnett Bank Agent: Marvin Scharf, Architect Owner: Barnett Bank of Palm Beach County (Rick Allen) Location: lOS North Congress Avenue Description: Request site plan approval to add 764 square feet to the existing Barnett Bank building. The expansion includes associated parking area and landscaping. The site abuts the southeast corner of Boynton Plaza. Mr. Haag used the overhead projector during his review of the April 5, 1993 staff report. Mr. Haag explained that the bank had to enlarge thb restrooms to meet the ADA requirements, thus the reason for the expansion. The Technical Review Committee and the Planning and Zoning Department recommended approval subject to staff comments. ' Mr. Weigle asked if there is a handicapped water fountain. Mr. S~harf advised that the existing water cooler will be modified to be a handicapped accessible water cooler. Motion Ms. Huckle moved to approve the request for site plan approval to add 764 square feet to the existing Barnett Bank building, subject to staff comments. The expansion includes associated parking area and landscaping. The site abuts the southeast corner of Boynton Plaza. Mr. Collins seconded the motion which carried 5-0. ' 9, OTHER Consistency Review 1, Consideration for a text amendment to determine if restaurants should be an allowable use in the M-1 [Industrial) zoning district. This item was withdrawn by Mr. Cutro. 10. COMMENTS BY NEMBERS Chairman Lehnertz stressed that the owner of Woolbright Place is going to have to recognize the conflict between the gas station and where the church is located, Mr. Cutro will add a comment to this effect to the letter of approval that he is going to send them. -g_ HINUTE$ - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 13, 1993 I1, AO,IOURNMENT There being no further business to come before this Board, the meeting properly adjourned at 9:27 P.M. EVe Eubanks Recording Secretary (Three Tapes) - 10-