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LEGAL APPROVAL MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1994 Attorney Goren said the City and staff could assist in dealing with interpreta- tions of the Code once the Comprehensive Plan is amended, but there are limita- tions on how much can be offered in terms of physically doing something contrary to'what the Order requires. He advised that the Commission needs to comply with the Order and fulfill the Comprehensive Plan requirements as amended. Vice Mayor Matson questioned whether or not another uTradewindsll would result if the Commission voted no. Attorney Goren said he would have serious concerns for the Commission as a public body if action was taken which was contrary to the Court's direction and which would have serious adverse impacts to a property owner who would be deterred from development rights which have been determined by the Courts to be lawfully pennitted. Vice Mayor Matson thanked the Board of Directors of Hunters Run for leaving the City out of the loop. She offered the City.s support. Motion Vice Mayor Matson moved that the City Commission approve the proposed Land Use Element Amendment and Comprehensive Plan Text Amendment for the Hunters Run Commercial Tract, and direct staff to direct the proposed amendment to the DCA with a copy of the recent Court Order concerning the property to be sent to them also. Commissioner Aguila seconded the motion, which carried unanimously. VII. PUBLIC AUDIENCE: None VIII. DEVELOPMENT PLANS: None IX. NEW BUSINESS: NW6f' '14- - po -; A. Items for discussion requested by Commissioners Aguila l Katz 1. Reconsideration of Augy's Restaurant Commissioner Aguila advised that he would like the opportunity to bring this application forward again at the next City Commission meeting in order to discuss his concerns in more detail. This is a piece of property which can and should be developed. What has been suggested at that location is clearly allow- able, but he did not think their particular design was appropriate. Motion Commissioner Aguila moved to bring this item back at the next City Commission meeting. Vice Mayor Matson seconded the motion, and stated that she has some questions on this issue but was not present when it was originally brought for- ward. The motion carried 4-0. 2. Joint City Commission Workshop Meeting with DOT Commissioner Aguila said that he has serious concerns about the effect of the elimination of the medians on the City's emergency response. He also has con- cerns about the fact that our ladder truck will not be able to negotiate some of - 8 - MINUTES - REGULAR CITY CQMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 5, 1994 Commissioner Aguila agrees with this proposal in principal, but is concerned with the addition of $25 on the utility bill. He feels this will generate a tremendous amount of phone calls. At times, Vice Mayor Matson feels the only way to get a point across is to do something as drastic as this so that people stop repeating the offense. She believes the phone calls will begin as soon as this appears in the newspapers. Mayor Harmening is in agreement with fining residents who leave loose garbage in the swales, mix vegetation and garbage, and leave auto parts and engines out with the garbage. He feels there is a need for more publicity to make residents aware of the fact that vegetation and garbage must not be mixed together. With regard to cutting the tree limbs to four foot lengths, if a limb is left at the curb because it is 4'211, it will cause aggravation. Mayor Harmening feels discussion is necessary regarding the pickup of construc- tion debris. There are many residents who do their own construction and it might be necessary to inform them more thoroughly about the City.s pick up policy. Bob Eichorst, Public Works Director, advised that at present, if a construction pile if found, the City picks it up but advises the property owner that there will be an extra charge. Mayor Harmening said that two cubic yards might not be an appropriate amount. Occasionally people have more than this amount, and those people who consistent- ly have more should be put into a different category. Mr. Eichorst stated that his staff picks up limbs which are six and seven feet in length and as large as eight inches in diameter. They also pick up piles larger than two cubic yards. However, it is necessary to have guidelines. In response to Commissioner Katz. question, City Manager Parker advised that the one year time frame would begin from the date of the first warning. Commissioner Aguila feels this is a good recommendation and believes it should go forward. City Manager Parker asked Mr. Blasie how many Code violations his staff handles in this regard. He estimated that number to be approximately 30% and they currently cite between 75 and 100 cases per month. He advised that they receive many complaints regarding pickups and many requests for the guidelines. Consensus 1JIAY;P ~A-,.. ~,~- There was a consensus of the Commission to bring the Ordinance back for first reading. AT THIS POINT, COMMISSIONER KATZ REALIZED THAT THE REPRESENTATIVES FROM AUGY'S RESTAURANT WERE IN THE AUDIENCE. MAYOR HARMENING ADVISED THEM THAT THE COMMIS- SION AGREED TO RECONSIDER THEIR ISSUE AT THE NEXT REGULAR MEETING ON JULY 19TH. Commissioner Aguila said he asked to reconsider not because he feels dif- ferently, but he wants an opportunity to calmly explain his concerns. He would like to see the project move forward, but he wants to be certain the neighbors are proud to have them at that location. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JUNE 21. 1994 B. Non- sent Agenda - Not Unanimously Approved by Planning and lopment Board Ms. Heyden st ed that Maney Petro m recently p chased this servi ~sta- thin the Co tal Village trict. The Coa Village predominan colors ar eige, pale ellow, eggshe , and blue to g tones. The Plan g and Dev opment Boar voted 5-1 to ecommend approv of this appeal, ubject to mments #2 d #3 of Plan g and Zoning artment Memora um #94-16 Staff's r ommendation omit the ver al and horizontal whi te order fo ng the rec ngle pattern subdue the earance of the ,v" fas a was del ed from the oard's reco ndation. ~5~ oastal Gas Station Steven E. MCraney McCraney troleum Co any 2508 N . ederal Hi ay City Design an Appeal - R for approv- al n appeal to he Coastal Vi ge Design strict colo to allow bla , white and crimson on the fasc of the exist g canopy and building "*- CDf'fl- 14 -00 '2. Project Name: Agent: Owner: Locatio Descri issioner atz felt t design stan rds should be dhered to. He ink the r uested col s have a coa al design 10 at all. Commissioner Ag la moved to approve this request, subject to every other ver- tical line being eliminated. Mayor Pro Tem Bradley seconded the motion, which carried 3-1. Commissioner Katz cast the dissenting vote. 2. Project Name: Agent: Owner: Location: Description: ---- Augy'S Restaurant Plaza Augy Vultaggio Anthony Mannino and Joe Vultaggio 640 W. Boynton Beach Boulevard New Site Plan - Request for site plan approval to construct a 6,623 sq. ft. multi-tenant building with associated parking, landscaping and signage. "" wvsP14-- oc ~ Ms. Heyden stated that this is a request for site plan approval to construct a 2,888 square foot restaurant and 3,775 square feet of undesignated commercial space on a .78 acre parcel. It is zoned C-2. Two two-way driveways are pro- posed, one onto Boynton Beach Boulevard and one onto N. W. 1st Avenue, which abuts a residential zoning district. Building elevations were displayed. The site is located in the Mediterranean design district. The building complies with the design requirements of that district. A buffer wall is required and is proposed to be located along the east property line. There was much discussion about this site at the Planning and Development Board meeting. The Board recom- - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JUNE 21. 1994 mended denial with a 5-1 vote. They were concerned about a number of things. One concern was the lack of a buffer wall along the south property line. That buffer wall is not required by Code because there is an intervening right-of- way. Another concern was the driveway onto N. W. 1st Street. That right-of-way abuts a residential neighborhood. They were also concerned about the typical noise and odor associated with commercial properties, particularly restaurants. Furthenmore, they were concerned about the dumpster being located on the southeast corner of the site, which is on the property line that abuts residen- tial. In general, they felt that the intensity of the use was too high for the size of the parcel. Augy Vultaggio stated that he will move the dumpster to the back. The code does not require a wall, but he put a wall in to minimize the noise. He stated that this is a family style restaurant and does not have a bar or music. In addition, business will be finished by 9:00 P. M. or 9:30 P. M. He stated that he has abided by the codes and received approval from all departments. Commissioner Aguila stated that the Commission has a responsibility to the neighborhood and the quality of life around it. He felt this plan shows com- plete lack of sensitivity to the neighborhood. He felt the site plan was too intense and that the building is too big for this site. No provisions were made for the courtesy one neighbor should have to another (the residents to the south). He did not see how one can have a restaurant without a can wash. He expressed concern with the access from the on ramp to 1-95 into this property. He stated that the delivery trucks are going to have to access this site on the 1-95 on ramp or come through the neighborhood. Neither appealed to him. He did not think the loading zone is placed in a logical place. It is located on the east side of the building, but the entrance for deliveries is on the south side of the building. He felt the truck drivers will park in the middle of the driveway to make their deliveries. He felt the proposed sign is too large and questioned the lettering. He wondered what the relocation of the dumpster would do to what little retention area there is currently. He felt the original dumpster location was in the worst possible place because the residents will have to see, hear and smell it. Commissioner Katz felt this restaurant would be too close to residences and much too intense of a use. He felt it is virtually impossible for a restaurant to be a good neighbor to the people there. He had no intention of supporting this. Mayor Pro Tem Bradley wondered what sort of adjustments or changes Mr. Vultaggio would be willing to make. He stated that we are interested in development, but it really needs to fit in with the neighborhood. He asked if this item could be tabled for staff to work on it. Commissioner Aguila felt a total redesign is needed and stated that it would have to go back through the whole process. He suggested Mr. Vultaggio contact his design consultant and try to do something that is a little more sensitive to the comments that were made tonight. He said the building is too large for this site. Mr. Vultaggio stated that he has fifty parking spaces, and the code only requires thirty-two. Commissioner Aguila stated that this is not relevant. He felt this plan has many safety, aesthetic, and good neighbor concerns that need to be resolved. - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 Motion Commissioner Aguila moved to deny this project, based on the comments that were made here tonight. Mayor Hanmening passed the gavel to Mayor Pro Tern Bradley and seconded the motion. Mayor Pro Tern Bradley asked why this matter could not be tabled to give Mr. Vultaggio an opportunity to come back at the next meeting. Commissioner Aguila stated that in order for Mr. Vultaggio to deal with the concerns that have been raised by staff, the Planning and Development Board, and the City Commission, the changes of this plan are so substantive that staff would either be designing it for Mr. Vultaggio or unable to answer his questions. It would be such a different plan if Mr. Vultaggio were to proceed, that every department would have to rereview it, which means that the process starts again. Tabling it is not an appropriate way to deal with this situation. City Attorney Cherof stated that legally, the City Commission is empowered to table the matter if it thinks there is the opportunity for the applicant to reflect further upon the staff comments, which are voluminous, and perhaps seek some additional interpretation of those comments directly from staff and see if he could do something with it. Commissioner Katz asked if this would be considered a taking if the applicant submits everything according to City Codes and the Commission does not, ,let him go forward with this project. City Attorney Cherof said he would have to look closer at the staff comments to answer this question. However, he stated that there are occasions where the deprivation of a site plan can constitute a taking. The motion carried 3-1. Commissioner Katz cast the dissenting vote. Anthony Mannino, co-owner of the property, stated that this property is zoned C-3 and is in compliance with the codes and zoning, including the parking and the amount of square footage allowed to be built on this property. The site plan was approved by City staff. He did not think it was right to refuse a project just because a few people in the neighborhood have complained. He was willing to move things around, build a wall, and compromise. At 8:34 P. M.t Mayor Hanmening declared a recess. The meeting resumed at 8:43 P. M. c. Other None. - 24 - _. . ".--------..--.--- - - _.. 0"-- .~_..____.____.____ ___.._,,_.__ -- ._~---"._--~----,.,.__. .--