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LEGAL APPROVAL MINUTES CITY COMMISSION MEETING BOY~TON BEACH. FLORIDA JANUARY 16. 1996 Location: West side of Congress Avenue. approximately 500 feet north of Summit Drive Request for site plan approval for common area landscaping, decorative wall. project signage and a guardhouse in connection with development of 56 zero lot line, single-family detached dwelling units, Description: Mr. Kilday agreed to all the conditions in staff's report. He advised that the plan was amended to move the trees outside of the area to address the Utility Department's concern. Tambri Heyden. Planning and Zoning Director, asked if Mr. Kilday is agreeing to the original wording in comment number 2. Mr. Kilday answered affirmatively. Motion V ice Mayor Bradley moved approval of the Isles of Hunters Run site plan. subject to all staff comments. Commissioner Jaskiewicz seconded the motion. which carried 5-0. Ms, Heyden clarified that this includes the revisions to comment numbers 7 and 23, but not to number 2. B, Project Name: Agent: Applicant: Location: Description: Romano I S Macaroni Grill at the Catalina Centre Roscoe L. Biby. P,E. c/o Kimley-Horn and Associates Kevin Connell. Brinker International 150 I Congress Avenue Request to amend the previously approved site plan to alter the exterior of the outparcel building (formerly Marie Calendar's restaurant) at the Catalina Centre Plat No. I, increase seating from 205 to 248 and revise the shared parking smdy for a new restaurant. The site plan and elevations were displayed during these presentations, Barbara Hall, an attorney with Greenberg Traurig, represented Mutual New York, the owner of the Catalina Centre, and Brinker International, the owner and operator of the Macaroni Grill. 28 MINUTES CITY COM~tISSION MEETING BOY:\TTON BEACH, FLORIDA JANUARY 16. 1996 All those who would be testifying were sworn in by City Attorney Cherof. Mayor Taylor disclosed that he had a telephone conversation with the Vice President of Ocean Properties with regard to the Catalina Centre. Mr. Connell stated that Brinker International also owns and operates the Chili's restaurant chain and four other restaurant concepts, The Macaroni Grill is an Italian restaurant concept featuring fresh seafood. pasta dishes, salads, appetizers, and desserts. in large portions, It is a casual family-oriented yet festive atmosphere featuring exhibition style cooking, white tablecloth settings. and waiters and waitresses who occasionalJy burst into Italian opera, adding to the festive environment. The demographics of this area match those of our customer profile for this concept. It has the right mix of income level. This site meets the corporate requirements for visibility, access, parking through the cross parking rights with the balance of the shopping center. and the building size, ' Its configuration is compatible with the prototype, Mr. Connell said he has negotiated various details with Planning and Zoning staff regarding the renovation of the exterior facade. and they are getting close to an agreement on what is acceptable. He will be looking to finalize that within the next few weeks as he seeks the building permit. One outstanding issue regards the request for the increase in seat count to 248 above the 206 that is vested with the existing facility. The 248 seat count is a minimum required seat count for this type of restaurant to operate. It is required to meet his corporate proforma requirements, He commented about the economic benefit of this restaurant to the community. He anticipated the sales volume from this store to be about $3.5 million a year, That translates into about $2,5 million annually in the purchase of goods and services locally. as well as taxes, wages, utilities, etc, Approximately 80 to 100 people will be employed, This company provides insurance benefits to its employees with certain tenure. and a tuition assistance program for individuals seeking to continue their education. They utilize local services in the community, such as security. janitorial. disposal. delivery. maintenance, repair, food and beverage suppliers, and local banking facilities, Given the scope of the work involved with this renovation. they will be spending approximately three quarters of a million dollars to renovate the building to get it up to Brinker standard, and to as closely match their standard concepts as much as possible, 29 MINUTES CITY COMMISSION MEETING BOY:\TTON BEACH, FLORIDA JANUARY 16, 1996 Commissioner Rosen asked if this is a corporate venture, Mr. Connell said it will be a corporate owned facility. Mr. Biby addressed the site plan issues, He pointed out that this building has been vacant for approximately three years and is deteriorating from neglect. Brinker International proposed to make various upgrades to the architectural on the building, both exterior and interior. These renovations would cost about $700,000, A synthetic rock facade will be put on the front elevation and the columns. He would like to put it on the east elevation also, which is Brinker's signature entrance, However, staff recommends that it be put on the north side only. He requested the Commission's approval to keep the rock facade on the east elevation along Congress A venue, He thinks it will do a good job of breaking up the elevation along Congress A venue, There is a lot of custom work on the interior of the building. The existing landscaping around this site has been maintained very well. It is thick and meets code. The applicant is proposing to put some additional understory and ground cover around the existing landscaping. The Macaroni Grill's signature landscaping is to have some annual colors around the front of the building, They will trim the existing landscaping and make sure that it meets code, Ms, Hall advised that the Planning and Development Board recommended that this be approved with 206 seats. The last time the shared parking study came before the Commission. it was for the Boston Market. She submitted into the record Exhibit 1 (the last parking study that was submitted when the Boston Market was approved). This study showed that there was one additional space available based on the approval of all uses that are now there. Exhibit 2 is staff s report, which states that this project meets code; however, staff requests that the seats be reduced to 206, rather than the 248 that the applicant is requesting, Exhibit 3 is the code provisions, which tell you how you can comply with the City I sparking requirements, including through a shared parking study using ULI rates. It also provides the required parking for a restaurant. Exhibit 4 is the shared parking study that shows that without providing any additional parking, there is more than adequate parking, The site observations show that during the second week of December, only half of the parking spaces were taken, Even with adjusting those parking spaces for vacant uses, we would still only be using about 700 of the 1,161 spaces. 30 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 After the Planning and Development Board meeting. Berry and Calvin looked at the site to see whether the 17 additional spaces needed to increase the seats from 206 to 248 could be provided. Ms. Hall submitted Exhibit 5, which is a copy of a plan showing that 20 additional parking spaces could be provided behind Service Merchandise and Marshall's, Ms. Hall stated that City staff reviewed this parking plan and agreed that the parking spaces are acceptable. Therefore, the applicant meets the code. Molly Hughes is a traffic consultant with Berry and Calvin, She stated that although the parking area is very efficiently laid out, there is an area in the back that is currently a two way circulation road, It is not required to be two way. Since the parking area was very efficiently laid out. the only opportunity to pick up parking spaces was by converting the two way circulation road into a one way circulation road. This would provide two groups of ten parallel parking spaces. This would not preempt any kind of service to the facility, including emergency service. Mayor Taylor asked in which direction the road will circulate, Ms. Hughes said it could circulate southbound or northbound. She suggested it circulate southbound, It would be striped, marked, and signed as such, Mayor Taylor asked where the south end entrance or exit would be. Ms, Hughes advised that it is behind the A&B Grill. Mayor Taylor asked who would park back: there. Ms, Hughes advised that people occasionally park: there now. The employees and customers of Marshalls and Service Merchandise would be very close to their entrances if they parked back there, In addition, there are at least six retail bays that are around the fountain at the back of the center. Those would be much more closely served by some additional parking back there, . Commissioner Rosen questioned the lighting back there. Ms, Hughes advised that the lighting there is similar to the lighting in the front and meets code, Ms, Heyden addressed the restriping proposal and the changes to the exterior of the building. She advised that City staff checked the feasibility of the plan and found it to be acceptable, However. because of the location and orientation of the dumpsters in the rear, the circulation needs to be one way northbound, and would have to be stripped and marked accordingly, There is adequate parking lot lighting there. Ms, Heyden referred to the colored elevations and advised that staff and the applicant have been working on three issues--the stone veneer, the awnings, and the color of the building. 31 MINUTES CITY COMMISSION MEETING BOY~TON BEACH, FLORIDA JANUARY 16, 1996 They have agreed (0 make the awnings the same color that is on the shutters, which is green, and that the building will be kept the existing color. In addition, the SlOne veneer will be allowed on the elevation facing Congress A venue. The Planning and Development Board and staff would like (0 limit the use of the stone veneer, since this materia) is not used anywhere else in the shopping center. In addition, the shopping center is well integrated with the outparcel buildings. In response to a question from Mayor Taylor. Ms, Heyden said staff recommended the use of the stone veneer on the columns on all four sides of the building and on the only entrance to the building. which faces north. Alan Siklin represented the owner of the Holiday Inn, He asked if the request for shared parking has been withdrawn, Ms, Heyden stated that it needs to be determined whether we are accepting the shared parking study or abandoning it. She said that needs to be cleared up because there is another parcel that is not developed. It is a 75,000 square foot office building which is vested. This means the City has to approve 75,000 square feet of use. We do not know what that use is going to be yet. It is vested for the number of trips that are equivalent to 75.000 square feet of office. When that use comes in, a shared parking study will have to be looked at again, In response to a question from Mayor Taylor, Ms. Heyden stated that based on 75,000 square feet. 250 parking spaces are required to be constructed, However, that vesting was tied into an earlier shared parking study. That parcel can only accommodate 93 parking spaces. That is only one-third of what they need, She stated that they relied on the shared parking study. Mr. Siklin stated that his client does not have any objections to the Macaroni Grill. He thinks it is a great facility and the food is good. However, he does not think that this plan addresses the parking issue, Mr, Siklin pointed out that the Planning and Development Board and the Technical Review Committee have not seen this new plan. Therefore. the Commission does not have their recommendations. In essence, this has not followed the City's process for site plan modifications. Mr. Siklin felt the customers of the Macaroni Grill and the Holiday Inn are going to be competing for parking spaces. He pointed out that the Holiday Inn has a restaurant, lounge, rooms. suites. and conference facility. It abuts the Macaroni Grill site to the south. The spaces there are as close, if not closer, to the proposed Macaroni Grill than some of the Macaroni Grill spaces. Mr. Siklin stated that people like to park as close as possible to the 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 16, 1996 facility they are visiting. He doubted that the additional 20 spaces behind the shopping center are going to be used to eliminate the competition between the Macaroni Grill and the Holiday Inn. He read the following from the code: "Parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours." Mr. Siklin said there are plenty of parking spaces in this shopping center. but there are not enough for both the Holiday Inn and the Macaroni Grill. He advised Ihat some of the members of the Planning and Development Board indicated that they had visited the site within the past week and it was jammed pack. Some of them indicated that when Marie Calendar's was open, there was a problem, and that only had 206 seats. Mr. Siklin stated that the Holiday Inn serves a very valuable function for meetings, luncheons. wedding receptions, conferences. He stated that it is counterproductive to everyone involved to have the Holiday Inn struggle with a fight for spaces because of the increased seating requested for the Macaroni Grill. He felt it was appropriate that this new change go back through the process so that the Planning and Development Board and the TRC can review it. Ms. Hall stated that Mr. Siklin questioned whether this was an appropriate location for shared parking. At the time the last shared parking study was approved by the Commission. Mr. Siklin's client. Ocean Properties. owned all the property and represented to the Commission that this parking study was adequate for the site. Ms. Hall submitted Exhibit 6, a copy of the modification to Marie Calendar's at the time it was approved, She stated that at the time Marie Calendar's was approved. specific parking spaces on the Holiday Inn parcel were designated for the use by Marie Calendar's. She referred to Exhibit "C" of the Parking and Easement Agreement that was provided along with the Marie Calendar's approval that designated the location of the approved spaces that were specifically to be used for Marie Calendar's, The final approval that came before the City under the modification shows that there were actually 30 spaces on the hotel parcel that were specifically designated for the use of that restaurant. She believed the Macaroni Grill will not need those 30 spaces on the hotel parcel. Those are the closest spaces that would be used if any spaces were to be used by the Macaroni Grill. After those spaces are used, the most likely place for people to park is in the area to the west and the area to the north. Both of those are closer than any other parking. When you go into the parking area to the west of the Marie Calendar's parcel, and then pull out toward the west looking for a space, you look down what appears to be a valet isle and are inclined not to go down that area to look for parking, 33 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 16, 1996 You are far more inclined to go to the right to find parking, If there are 57 spaces on site, and 30 spaces designated on the hotel parcel. that only leaves 12 additional spaces that the Macaroni Grill needs to find somewhere in a center that has 1.161 spaces, It is not likely that people who use the restaurant are going to park in the additional 20 spaces in the rear, However. when new parking spaces are introduced, it results in a redistribution of the parking through the center. and people find che most convenient space. By providing 20 additional spaces in the rear. the code has been met, and it will result in some reallocation of the parking. People who are currently using parking in the front will use the new parking, freeing up spaces in the front and having a domino effect that results in the available parking. Ms, Heyden stated that she did not have a chance to verify these documents that were submitted to her office today. However, based on the number of seats they are requesting (which is an increase of 43) and the restriping for 20 parking spaces, this could be processed administratively and would not have to go to the TRC, Planning and Development Board, or City Commission, The elevations would also have been done administratively. They meet the code, The code does not say that there has to be a maximum distance between the parking spaces and the use, We allow shared parking no matter how large the parcel is and no matter how great the distance is between the uses that are sharing the parking. She understood Mr. Siklin's concern. However, she pointed out that this was the situation at the beginning of this project when the shopping center was there, when the Holiday Inn was there, and when the retail uses were there, and the property was all under one ownership, Mayor Taylor pointed out that the Planning and Development Board approved only 206 seats because of the parking. Their major concern was that 17 additional parking spaces were needed, Mayor Taylor stated that he has resided in Boynton Beach for 15 years, He has been . to this site numerous times and has never seen the center maxed out, He has always been able to find a parking spot. He fully intended to go along with staff's comments this evening because he felt we needed to honor the commitment of the shared parking with the tenants that had been there. Mayor Taylor pointed out that the applicant found 20 additional parking spaces, They have met code and have not violated the cooperative parking, When Marie Calendar's was open, he waited 20 minutes in line for a seat. However. he never had to wait to park. At that time, people parked to the north. He said most people come into the front of a restaurant and do not want to park behind it and walk around to the front, Mayor Taylor pointed out that the concern that the Planning and Development Board has been met. Engineering has visited the site and is comfortable with the traffic behind the center 34 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 16.1996 where [he additional parking spaces are going to be. He felt the employees of Marshall's and Service Merchandise would want to park behind the center instead of in the middle of the center, Mayor Taylor felt the Holiday Inn's concerns might be alleviated if the Macaroni Grill had valet parking. He pointed out that the Holiday Inn has been a great tenant in this community and has been very supportive of this community, After reading the minutes of the Planning and Development Board meeting, Mayor Pro Tern Matson was also concerned about the parking. After speaking with the City Manager, and after tonigh[' s presentation, she feels much more comfortable about the parking, She said she has also been to [his site many times and even during Christmas, the parking lot was not maxed out. She also pointed out that the code has been met, and this could have been handled administratively, With regard to the stone veneer, Mr. Connell stated that from an architectural design standpoint, the intent was to replicate the typical stone facade over the entry door on the side facing Congress A venue, They typically locate their prototype restaurants to front the main thoroughfare. It would also break up the mass of the continuous stucco wall and provide a better backdrop for the signs. Mayor Pro Tern Matson liked the applicant's elevations. She felt they are aesthetically pleasing and blend with the rest of the center. She pointed out that the Commission approved the front porch on the Longhorn Steak House, which is different from the rest of the center. Motion Mayor Pro Tern Matson moved to keep the elevations as recommended by the applicant. Commissioner Rosen seconded the motion, Vice Mayor Bradley asked how the red on the Macaroni Grill compares to the red in Boston Chicken. City Manager Parker advised that the red on the Macaroni Grill is very minimal. The applicant is proposing that the building colors stay the same as Marie Calendar's, which ma[ches the rest of the center. The only red is the word "Romano's". The awning is going to be dark green, Commissioner Jaskiewicz felt the stone was extremely attractive and would add to the area, 35 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANl;ARY 16. 1996 The motion carried 5-0. Motion Mayor Pro Tern Matson moved (0 approve the parking plan with the restriping of 20 additional spaces. with the recirculation of the traffic one-way northbound and the parking as per Exhibit 1 of the submined plan, Vice Mayor Bradley seconded the motion. Vice Mayor Bradley asked if the employees of the Macaroni Grill are going (0 use the 20 spaces behind Marshall's. He felt this might alleviate the parking problem, Mr. Connell, clarified that at the Planning and Development Board meeting, there was discussion about the employees of the Macaroni Grill parking somewhere remote from the building. Ms. Heyden clarified that comments 1, 2, 4, and 6 still apply, Comment 3 (the shared parking study) is being deleted in lieu of the parking plan presented tonight as Exhibit 5. Comment 5 has been changed (0 allow the veneer as presented tonight by the applicant. The motion carried 5-0. At this time, Commissioner Rosen left the meeting for another commitment, c. Project Name: Agent : Location: Description: Whipowill Anns Burton Metsch 513 - 515 S. E. 4th Street Request for a one year time extension for concurrency and site plan approval. Robert Steiner was present on behalf of Mr, Metsch. :\-lotion Commissioner Jaskiewicz moved to approve a one year time extension for concurrency and site plan approval. Mayor Pro Tern Matson seconded the motion, which carried 4-0. 36 Jrw , . I MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA ) Motion JANUARY 9, 1996 Mr. Wische moved to accept the Hunters Run application for Isles of Hunters Run, subject to the staff comments, Mr, Kilday's concerns regarding comments 2, 7, and 23 will have to be worked out with staff, Mr, Golden seconded the motion, which carried 7-0, Mr. Kilday asked for clarification on comment number 2, He asked if the trees ~an be planted next to the easement, Chairman Dube advised that the board has no objection to this; however, it has to be approved by the Utility Department, Major Site Plan Modification (2) Project Name: Agent: Applicant: Location: Description: Romano's Macaroni Grill at the Catalina Centre Roscoe L. Biby, P,E, c/o Kimley-Hom and Associates Kevin Connell, Brinker International 1501 Congress Avenue Request to amend the previously approved site plan to alter the exterior of the outparcel building (foI11J:rly Marie Calendar's restaurant) at the Catalina Centre Plat No, i, increase seating from 205 to 248 and revise the shared parking study for a new restaurant, Chairman Dube stated that the only real controversy seems to be the shared parking, Mr, DeCarlo stated that the Catalina Centre Shopping Center, the Holiday Inn, the subject restaurant, and the future unbuilt 75,000 square foot office complex building to be located immediately west of the Holiday Inn were approved under a shared parking agreement and cross access agreements, The shared parking study for the center has been revised many times in the past as pan of the development of the property and changes in the building occupants, With the exception of the future office building previously mentioned, the property is pretty well built out.. The shared parking study was last revised in 1994 to allow conversion of the former Flagler Bank building within the center to a Boston Chicken Restaurant. The shared parking study approved at that time indicated that the peak parking demand for the overall center was 8:00 p.m, weekdays, and provided the required 10 percent buffer, The study used 7 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Boynton Beach generation rates for those uses specified in the City's code and ULI rates for uses not specifically set forth in the code, The approved shared parking study has been revised to reflect the request for 42 additional seats which would otherwise require 17 additional parking spaces to be provided, Staff has had some problems in supporting the shared parking study submitted based on a determination that although the code allows for shared parking using ULI or equivalent data to determine parking accumulation, it does not allow relief from the City's parking ratios, Furthermore, staffs position is that the code reference (0 use of field studies and traffic counts, where appropriate, is not appropriate in this case since (he uses and combination of uses are not unique and are already documented in ULI and ITE publications. The original application approved for Marie Calendar's was for 206, The applicant now is asking for 248. It is up to (he board and the Commission to decide whether or not there is adequate parking in the overall center to allow the parking to work. Barbara Hall, Esquire of Greenberg Traurig, represented Mutual of New York, the property owner, and Brinker International, who would like to put a Macaroni Grill on the site of the former Marie Calendar's, Ms, Hall pointed out that this building has been vacant for almost three years, The building is approximately 10,000 square feet and was originally approved with 205 seats. Kevin Connell of Brinker International, the owner/operator of Romano's Macaroni Grill Restaurant chain, as well as the Chili's Restaurant chain, and a number of other concepts, stated that the Macaroni Grill is an Italian restaurant with a vibrant, festive type atmosphere, It is considered a higher end restaurant and is family oriented. Its customer profile matches the demographics of the City of Boynton Beach. The applicant is seeking to renovate the existing building, Elevations of the building were displayed. The building will be enhanced and some of the Macaroni Grill's standard concept features will be brought in, while still trying to match the center and stay in compliance with the requirements of the City, Ms, Hall stated that the applicant is asking for 248 seats for the restaurant, That number is critical and cannot be compromised, She said Mr, Connell originally asked for 280 seats, which would be:: the appropriate ratio for a restaUrant of this square footage, After meeting with (he City staff and discussing the parking issue, the parking request was reduced to 265, (hen to 248, This is a bottom line number for the Macaroni Grill. Seventeen additional parking spaces are needed to accommodate the new seats, Using the Boynton rates and the shared parking concept, the numbers do not worle. However, the code allows the use of other 8 ..._".,..-~..--....------._.~. ..-"- MINUTES ., PLANNING AND DEVELOPMENT BOARD Mu"UNG BOYNTON BEACH, FLORIDA JANUARY 9, 1996 parking methodologies. Therefore, ULI rates were used and the study shows the parking works, In addition to the study, site observations were done during the peak time of the year, the Christmas shopping season, and on the weekends. These observations showed that only half of the parking was being used in this cenrer. Ms, Hall stated that 17 additional spaces are needed in a parking area that has over 1,100 spaces, She felt the 17 spaces can be accommodated, Molly Hughes, a transportation consultant, said she conducted some traffic studies for this site, The original approval for the shopping center, which included Marie Calendar's, was performed on a square footage basis, It was done as a shopping center as the code indicates, Ms. Hughes stated that the number of seats is being expanded, not the square foorage. Therefore, additional parking is not needed. She stated that there is adequate parking, She referred to Table A (Catalina Centre Shared Parking Analysis Weekday Parking Demand at Buildout) and stated that she used a substitute for the parking code rates. Provision H, paragraph 13 allows the use of the ULI methodology, The ULI methodology is prescribed and published in a book that is referred to in the zoning code, and there are a series of equations that can be used, In this publication, there are also recommended parking rates that go into those equations, The code allows the use of this methodology, but staff told the applicant he must use the Boynton Code rates in place of the UU rates within the equation. Ms. Hughes said when we talk about rates, we are not talking about ULI methodology, We are speaking about one of the inputs in the UU methodology, We have used the methodology approved in the code, with the exception of the requirement to use the Boynton code rates, We went over the application of the ULI methodology with the Uil rates. Table A showed the approach taken in calculating the shared parking. It has been reviewed by City staff and confirmed that the methodology was applied correctly, All uses have been included. The other restaurants in the shopping center have been treated as square footage. In this case, this restaurant is being treated on a per seat basis, The calculations show a demand for 1,229 spaces, One thousand two hundred and sixty-two spaces have been provided. Therefore, there is more than enough parking using this methodology, A similar exercise was done on Saturday and without the 75,000 square foot office building because it is not currently built, It showed that 1,126 parking spaces are needed for the existing uses, and there are 1,167, Therefore, in b9th cases, there is more than enough parking using the UU methodology, Ms. Hughes did not rely exclusively on this data. She made site observations on Friday, December 8, and Saturday, December 9, She counted the number of cars parked in the parking lot every 15 minutes from 10:00 a,m. until 9:00 p,m, and found that the parking 9 .."._~-- MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 peaked on Saturday in the early afternoon. At 12:30 p,m.. only 544 of the 1.167 spaces were occupied. If a restaurant was operating in the Marie Calendar's building. there is not much chance that they would have needed the 623 available spaces, There are a few store fronts that are vacant, so she mathematically increased proportionately to represent the now vacant boutiques, as well as the subject restaurant. She said if she had observed parking at the same rate that she saw on that Friday and Saturday, and had those boutiques and the subject restaurant been operating at full steam, there would have still been 460 empty spaces, She acknowledged that according to the code, the subject restaurant would require 99 spaces. She referred to the A&B Grill and said there was available parking in that area, even when Marie Calendar's was open, The 99 spaces required for the Macaroni Grill and the 32 spaces required by the A& B Grill total 159 spaces. When we identify the modules of parking immediately adjacent to the proposed restaurant, that would include the parking immediately west of Marie Calendar's, the one parking aisle to the immediate north of the driveway, the parking that we have on site, the parking at the south end of the A&B Grill, and the parking directly behind the A&B Grill, we would still have 28 excess spaces, based on the peak observations on Friday and Saturday, December 8 and 9, There are several boutiques immediately north of the A&B Grill, which she was sure would also utilize the additional 28 spaces. However. she pointed out that retail peaks in the afternoon, and the restaurant peak would be at lunchtime, Ms. Hughes said she looked at this in as many different ways as she could think of and in no case could she find a real reason for concern. Mr, Wische said 99 and 32 equals 131, but Ms. Hughes referred to a total of 159 spaces, Ms, Hughes explained that by code, this size site would require 99 spaces. The A&B Grill, which peaks at the same time, would require 32 spaces, One hundred and fifty-nine spaces would be needed at the peak period for the two restaurants. Pointing to the site plan, she said she counted the spaces in certain areas, including immediately behind the A&B Grill, to see how many spaces we would have beyond what is needed for the restaurants at their peaks. which is around noon, She found that there would be 28 empty spaces available to the boutiques should they need them, However, the boutiques do not start peaking until later in the afternoon, Probably by the time they really needed them, there would be more like 30 to 35 spaces available as the peak for the restaUrant starts to decline in mid afternoon and the peak for the retail starts to build, 10 ~--~"'~-~.---.- MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Mr. Wische asked how many spaces there are directly around the subject building. including up to the road. Ms. Hughes advised that there are 59 spaces in the outparcel area. Mr. Wische said he counted all the parking spaces surrounding the subject building and there are over 130 parking spaces, He asked where the customers of the A&B Grill and the Holiday Inn are supposed to park, Ms, Hughes stated that the Macaroni Grill does not need 130 spaces, and there is also the parking area immediately to the south, Mr, Wische pointed out that there are 130 spaces and the subject restaurant requires 99, Mr, Wische asked for Ms. Hughes' interpretation of shared parking, Ms, Hughes said shared parking is a coined term that resulted from the ULl's publication of a parking approach to solve the problem of mixed use applications. It has long been recognized in the industry that if you develop parking on a use by use basis in a mixed use condition, you will generate more parking and pave more area and do away with more green space than you will ever utilize because different uses peak at different times of the day, As a result, this independent body that is known for research, developed a methodology (shared parking) to help people work through the calculations to determine in combination each with the other when the overall peak will occur and plan only enough parking for that, rather than imagining that all the uses peak at the same time, Mr. Wische asked how it is determined how many spaces are yours if they are all shared by everybody. Ms, Hughes stated that different amounts of parking are required at different times of the day, and that no effort is made to designate the exact location. as long as enough parking is provided on site, Mr. Wische advised that when he goes to a restaurant, he drops his passengers off at the entrance before parking, He was sure most people do the same thing. Since Ms, Hughes claims there are so many spaces available, he said there should be no problem, Mr. Beasley said there are 59 spaces on the outparcel and the subject restaurant is short 17 spaces. He asked if this means that there is now in existence a shared parking agreement that leaves the subject restaurant 17 spaces short. Ms. Hughes said the Macaroni Grill is really not 17 spaces short, The difference between the number of seats that Marie Calendar's had and the number of seats being proposed requires the Macaroni Grill to identify 17 additional parking spaces: That is the delta between the size of Marie Calendar's in terms of seats and the size of the Macaroni Grill in terms of seats. 11 ___..' 'l'l"" <.;. ".W"'"'"". .... MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Mr. Beasley said there are 59 spaces on site and the Macaroni Grill is short 17, That equals 82, He asked where the other parking spaces are, Ms, Hughes explained that there were never enough parking spaces on the outparcel for Marie Calendar's, This has always been a shared parking shopping center. When this matter was first discussed with the City years ago, there was a specific agreement that Marie Calendar's would use 24 spaces in the extreme northeast corner of the hotel. The applicant is not proposing to do that, The applicant has tried to show that there is adequate parking exclusively north of the Macaroni Grill. Mr. Beasley asked if the A&B Grill's parking spaces are calculated on square footage, Ms, Hughes said they were originally all calculated on square footage, and if the Macaroni Grill was calculated on square footage, this request would not be before this board this evening. Mr. Beasley asked why the parking for the Macaroni Grill is based on seats and not square footage, Ms. Heyden advised that this is a problem that has been brought up in our code over the years . We have had complaints about our parking code because there has been competition for parking spaces when you have multi restaurants in a shopping center, In shopping centers, regardless of the uses in them, we only require one parking space for every 200 square feet. That is the retail rate, The reason that this restaurant was done at the restaurant rate rather than retail rate is because it is freestanding and is not considered part of the shopping center, She pointed out that the parking study covers everything in the Catalina Centre, Chairman Dube asked the applicants if they have any problems with the administrative conditions listed on Exhibit D. Ms, Hall advised that she did not. Rocky Biby represented the applicant. He referred to condition number 5 on Exhibit D, which requests the applicant to change the color of the walls of the building from dark peach to a shade of tan lighter than that proposed for the trim, He did not think that was the intent of staff, He asked for clarification, He said the applicant attempted to match the existing shopping center. He thinks the colors shown on the elevation are consistent with that. The color of the walls would be white if they were a shade lighter than the trim because the trim is an eggshell color, Ms, Heyden explained that when staff made those commentS, they were looking at different elevations, She thinks this can be worked out before the City Commission meeting, Mr. Beasley asked if the applicant intends to change the color of the awning and reduce the amount of stone. Mr. Connell said the applicant's intent is to comply as much as reasonable with the comments from staff, 12 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Chairman Dube allowed the public to speak even though this is not a public hearing. Alan Siklin represented the owner of the Holiday Inn, He had no objection to the Macaroni Grill. However, he was concerned about the shared parking. He said the existing restaurant has 58 or 59 parking spaces, Based on the existing Marie Calendar's Restaurant and its requirements of seating, 82 spaces would be needed, That means they are short 23 or 24 spaces, Based on 248 seats, the code requires 99 spaces. That means they are now shy 40 spaces. He said it is obvious that they are going to park immediately west across from the A&B Grill, and to the south, which is the Holiday Inn parking facility, He thinks that when the Macaroni Grill starts parking in the Holiday Inn parking lot, which is also competing with the A&B Grill, that there are not going to be enough parking spaces for those uses and that it is going to interfere with the day to day operation of the hotel. He pointed out that the Holiday Inn is one of the few conference types of facilities that the City bas, Weddings, bar mitzvahs, conferences, large fund raisers, luncheons, and parties are held there, These events will occur at the same time that the Macaroni Grill is going to be jammed packed. They occur on Friday and Saturday nights, Prime time Macaroni Grill time is also prime time hotel time, and everybody is going to be competing for the same parking spaces, Mr. Siklin said it defeats the purpose of having a cross parking agreement. If you agree to cross park and have a certain use and then increase that use by 40 parking space requirements, it is like you had no agreement at aU, Mr, Siklin said the code states that parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours, He said common sense tells you that the restaurant in the hotel and the Macaroni Grill are going to be used at the same time, Common sense also tells you that a wedding reception or dinner fund raiser are also going to occur at the same time. Looking at the table prepared by Ms. Hughes, Mr. Siklin pointed out that the Macaroni Grill's prime time is expected to be 7:00 p,m, to 10:00 p,m, The prime time for rooms at the Holiday Inn appears to be 7:00 p,m, to 12:00 p,m. The prime time for the restaurant and lounge at the Holiday Inn is from 6:00 p,m, to 10:00 p,m,. and from 10:00 a.m, to 10:00 p.m, for the conference room, Therefore, this study says prime for the Macaroni Grill is the same for the hotel, the conference room, and the restaurant within the hotel. The parking code states that you cannot share parking under those circumstances, He said the applicant 13 -"IINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 concluded that the big picture works if you look at the entire shopping center, However. Mr. Siklin's common sense tells him that if you look at this specific area. it conflicts with the hotel, the conference room, and the A&B Grill because the Macaroni Grill is going to be 40 spaces shy and is going to need spaces that are being used by somebody else, Mr. Siklin reiterated that he had no problem with the Macaroni Grill. He felt it would be good for the City and the shopping center, However, if it is going to severely detract from an important hotel in the City that provides a valuable service by causing a lot of frustration and lack of parking spaces, he felt there should be no more increase in parking demand and, therefore. no increase in seats, Vice Chairman Golden agreed that the existing restaurant has been sitting vacant for some time and is an eyesore, It would be nice to see something new go in there. However, this does not seem to be the answer. He agreed with staffs assessment of the shared parking, As far as the applicant's field observations referenced in the January 2 letter, he did not think those can be considered valid because the restaurant is vacant right now and those observations do not provide an accurate depiction of what really occurs there. He felt you need to apply some logic to this situation too, When Marie Calendar's was still in operation. and you visited that center on a Friday or Saturday night, there was practically no parking available between what was happening at the hotel, the other uses, and Marie Calendar's. That whole end of the shopping center was occupied on Friday and Saturday nights, That was before Boston Chicken went in, when the Flagler Bank: was still in operation, The Boston Chicken generated more traffic at those times than the bank:, Obviously, the bank would be closed during those hours. Vice Chairman Golden felt the elevations were generally all right. However, he did not feel that the rock appearance fits in with the Catalina Center, Also, he pointed out that we recently approved a very similar restaurant (Carrabba's Italian Grill) around the comer, next to Target. He wondered if both of these ventures can compete with each other and be successful at the same time, Mr. Rosenstock agreed with Mr, Siklin and Vice Chairman Golden, He did not understand the validity of t~e applicant's traffic count, He asked how the applicant took into consideration the number of spaces when Marie Calendar's is closed. Also, he pointed out that a lot of parking spaces to the southwest of the entrance to the Holiday Inn are hardly ever used, and people are not going to park there unless they have to, They are going to be 14 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 jamming in as close to the ourparcel as they possibly can because everybody wants to be close to the entrance of wherever they are going, Ms. Hughes explained how she accommodated the proposed Macaroni Grill in her observations, She said when she found there were over 450 available spaces on site, she knew that she could accommodate a 248 seat restaurant, She also pointed out that she observed the hotel on a peak night. There were clearly panies going on in the convention space and meeting rooms. The place was extremely active. Of the 386 parking spaces that the hotel has on its end of the site, the peak observed parking was 157 spaces, Therefore, there was considerable available parking at the hotel during this peak night. Mr, Wische said he had lunch at the hotel today. and you could not park near Marie Calender's and the A&B Grill because several affairs were being held. The parking went all around the hotel. He agreed with Mr. Rosenstock that everyone would like to park as close as possible to where they are going, He said these are situations that you cannot call, We do not know how many affairs they are going to have or when they are going to have them, or when the Macaroni Grill is going to have a big turnout. He did not think you can judge by the two days that Ms. Hughes made her observations. Vice Chairman Golden stated that you cannot really generalize based on one night's observations. Events and functions vary at the hotel, as well as elsewhere. Parking will vary too, He agreed there will be some empty spaces on those nights, but they are not going to be in that area, They are going to be at the extreme periphery toward Service Merchandise, and there will be competition for the spaces in the area surrounding the outparcel. Mr. Titcomb asked who controls the cross parking agreements, Chainnan Dulle advised that all the property owners have already agreed to the shared parking upfront, and it had to have been approved by the City Attorney originally, Mr, Titcomb asked if new owners are bound by the existing shared parking agreement. or if they could negotiate as long as it meets code, Mr. Rosenstock pointed out that Mr. Siklin represents the Holiday Inn, and the Holiday Inn obviously would not agree to any revision of the shared parking agreement, He said the Macaroni Grill ,has a dilemma because if the shared parking agreement is not revised, they cannot get the" additional parking spaces, Ms, Hall advised that the easement permits parking without regard to the number of spaces throughout the entire center. She pointed out that there were increases to the number of 15 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 spaces within the Catalina Centre after the shared parking agreement was approved, When Ocean Properties owned the shopping center, there were changes to the uses that increased the parking demand, and those changes came before this Board, There is a history of approving uses that require increases in parking, Provided they are approved by the City, they would still come within the parking easement. Mr, Rosenstock wondered where the line is to be drawn, He said all the parties have to agree to increase the shared parking arrangements, If some parties disagree. he did not see why the City should accept it, He said if someone else wanted to build an outparcel or take anyone of those pieces of property and increase its size, they are going to need more spaces again, He wondered when the City is going to say that enough is enough, Ms. Hall believed the City's function is to look at the parking from a regulatory perspective, If from a regulatory perspective, the City deems that the parking is adequate, and if Mr, Siklin's client or the owner of the rest of the center thinks that is in conflict with the declarations, then they would have a private cause of action against the Macaroni Grill, She did not believe this is the case, She believed that if from a regulatory perspective it is found that the parking is adequate, then it would come within the shared parking agreement, She pointed out that the way the parking is configured for the Holiday Inn, it really is not true that is a choice site for the Macaroni Grill, given the fact that the restaurant is oriented toward the north, In fact, the more likely locations for parking are to the west and across the driveway. She was prepared to do some additional things, if necessary. to encourage parking to the north by providing a marked walkway and pedestrian crossing at that location. She was also prepared, if necessary, to allocate the employee parking for this restaurant at a location remote from the hotel so that the hotel can be comfortable that this increase in parking is not going to affect them, She would be happy to allocate 17 spaces for employees along Congress A venue between the two restaurant outparcels. which is the least used portion of the center for parking, Mr. Rosenstock asked how many people the Macaroni Grill intends to employ. Mr. Connell advised that they intend to employ between 20 and 30 per shift, Mr, Rosenstock asked how the employee parking would be enforced, Mr, Connell said he has had similar situations and it has been imposed on the restaurant manager to force employees to park in a designated area. He was willing "to make this a matter of record, He said it would be up to the landlord to designate the parking areas for the employees. 16 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Chairman Dube pointed out that staff recommended approval of the restaurant, with the exception of the requested increase in seating, Also, the applicant has agreed to do anything with the building that staff wants, The only question is the additional 17 spaces, Motion Mr, Beasley moved to approve Romano's Macaroni Grill at the Catalina Centre's,request to amend the previously approved site plan to alter the exterior of the outparcel building, subject to all staff comments and working out the elevation changes. Mr. Rosenstock seconded the motion. Under discussion, Mr, Rosenstock pointed out that the applicants stated they need the additional seats to make this project viable, Mr, Connell advised that he needs a minimum of 248 seats to make this an economically viable project, If the applicants cannot get 248 seats, they are not in a position to expend the cost to renovate and open this store. Vice Chairman Golden was in favor of the motion, but did not like the fake rock on the building. Mr. Wische commented that the applicants can pick up 35 spaces if they have their employees park elsewhere, Vice Chairman Golden pointed out another possibility. He suggested putting 17 temporary spaces in the vacant parcel by the hotel where the office b1,lilding is supposed to go, However, this would have to be worked out with Ocean Properties, The motion carried 6-1, Mr, Titcomb cast the dissenting vote, Chairman Dube advised the applicants that this is the board's recommendation, and that the City Commission will make the final decision, At this time, Mr. Wische and Mr, Rosenstock left the dais, , (1) Project Name: Agent/Owner: Location: WhipowiIl Arms Burton Metsch 513-515 S,E, 4th Street 17 MINUTES - SPECIAL CITY COMMISSION/CHAMBER OF COMMERCE WORKSHOP BOYNTON BEACH, FLORIDA MARCH 18, 1996 City Manager Parker advised that the police will patrol to make sure that the park is closed at dusk, With regard to the plaza beneath the bridge. we are addressing access and lighting with the Department of Transportation. The marina project is being looked at in terms of security lighting and access for foot patrol. City Manager Parker also advised that all patrol of the downtown~has already been switched to bicycle patrol. Mr, Russillo stated that the residents of Coastal Towers are concerned about the area under the bridge, Mayor Taylor stated that there will be fencing there, so people will not be able to walk from beneath the bridge to Coastal Towers, 4. RECENT ECONOMIC DEVELOPMENT ACI1VITIES Ms, Shabotynskyj asked if any new businesses are planning to locate to Boynton Beach. Mayor Taylor advised that Romano.s Macaroni Grill is going into the old Marie Callender's, and Cracker Barrel is going to be on Woolbright Road, Weare currently working with someone who wants to redo the entire project where the old K-Mart is on Federal Highway. They want to landscape it, do lighting, and renovate Walgreen's. Howevt~r. they want a drive through prescrip~ion window, which our Code does not allow, Also, an Italian restaurant is going in by Target, '~~a.;,~.\:1:' - ;''7' ,.' Mr, Norem was glad that someone wants to redevelopment the K-Mart Shopping Center. He asked ifit would be possible to make the area where K-Mart is, and what ba.cks up against the Intracoastal, into a public area as opposed to a loading zone for semis, Mayor Taylor advised that the land behind K-Mart is owned by a different party. and the party who wants to redo this area is trying t9 purchase that land also. Mayor Taylor pointed out that there is enough room there for some~g nice. like a restaurant on the Intracoastal. Unfortunately. retail is authorized in that area, Ms, Shabotynskyj asked if there are any plans for Quantum Park. Mayor Taylor informed her that we are working on a couple of big things for Quantum Park; however, it is too early to talk about them, Ms, Shabotynskyj advised that the Chamber of Commerce is ready to put together some of their bigwigs when the City wants them to meet with some big companies, Vice Mayor Jaskiewicz advised that the old Sandpiper Motel on Federal Highway is going to be demolished within 45 days, and the owner has indicated that he will probably build high priced town houses on that property, Commissioner Bradley said he received a telephone call today 4 ~nNUTES PLANNING AND DEVELOP!\-IENT BOARD BOY:\fTON BEACH. FLORIDA FEBRUARY 13, 1996 5. CO:\("(l~ICATIONS A.~D ANNOL"NCEMENTS A. Report from the Planning and Zoning Department (I) Final disposition of last month's agenda items Ms. Heyden reported on the following: Isles of Humers Run Site Plan Approval - The Board recommended approval. subject to deletion of three commems. The City Commission concurred with the Board's recommendation, Romano's Macaroni Grill - The Board recommended approval, subject to all staff commems and working out some elevation changes. That emailed not accepting the shared parking study. At the City Commission. meeting. the applicam proposed a plan to add the parking spaces that they were short. Those parking spaces are going to be added to the rear of the shopping center, Therefore, that negated the need for the shared parking study, With respect to the elevation changes, the applicant and staff were able to work out the color of the building, and also the color of the awnings, However, they could not reach an agreemem on eliminating the stone, The City Commission agreed to allow the srone, WhipowiIl Arms Time Extension - The City Commission approved this, subject to all staff commems, 8. COMMENTS BY MEMBERS Chairman Dube suggested that Ms., Heyden look at the red color on Hops in the daylight. Chairman Dulle advised that former Commissioner Rosen commented to him after the last Board meeting about the lights at the Amoco station, Ms, Heyden agreed that the lights under the canopy are blinding, She advised that there is a minimum amount of foot candles required, but there is no maximum, However, they cannot produce glare, Mr, Rosenstock suggested that the Code be revised to include a maximum. Ms. Heyden will pass this information on to the City Engineering Department, Chairman Dube reminded the members of the Board whose terms expires this April to resubmit an application if they desire to continue to serve on the Board, 23