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LEGAL APPROVAL MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1993 ~ 33. Proposed Ordinance No. 093-69 Lewis Property Attorney Cherof read Proposed Ordinance No. 093-69 by title only. RE: Land Use Element Amendment - Mot1on Commissioner Katz moved to approve Proposed Ordinance No. 093-69 on first reading. Vice Mayor Aguila seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 34. Propose1'Ordtnance No. 093-70 I RE: Rezoning- Lewis Property Attorney Cherof read Proposed Ordinance No. 093-70 by title only. Motton Commissioner Katz moved to approve Proposed Ordinance No. 093-70 on first reading. Commissioner Walshak seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. MAYOR HARMENING OECLARED A FIVE-MINUTE RECESS. t L. Project: Agent: Owner: Location: Description: Checkers Drive-In Restaurant Anna Cottrell Checkers Drive-In Restaurant, Inc. Northeast corner of Boynton Beach Boulevard and Old Boynton Road CONDITIONAL USE: The applicant is requesting approval to construct a 7B5 square foot drive-in restaurant that has two (2) drive-thru lanes and exterior seating on a vacant .96 acre site. t Vice Mayor Aguila noted that a Checkers is under construction in De1ray Beach on Atlantic Avenue and 5th. The roof equipment is very obvious. He inquired if the equipment on this rroposed building will be shielded. Chris Koncal. Develo~nt Engineering. displayed a drawing depicting a 24" equipment screen. V ee Mayor Aguila stated the equipment he viewed is at least 40" in height. Mr. Koneal said no equipment will be seen since it will be sitting on a recessed roof. Vice Mayor AgUila advised that if this project pass!s this evening, there will be a condition for a shield as high as the highest piece of equipment. Mr. Koncal did not have a problem with that condition. ( Vice Mayor Aguila also questioned the east property line of this parcel. Ms. Cottrell explained that title work has been done and a survey has been drawn. It was originally part of an abandoned right-of-way for Old Boynton Road. The Checkers side includes 25' of that. The property to the east 1s owned by Florida Power & Light. The abandonment has been done and the property on the site plan is under contract for purchase by Checkers. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA NOVEMBER 16. 1993 At one polnt, a buffer wall was lncluded because the property boundary was adja- cent to residentially-zoned property. When the tltle work was completed, and lt was discovered that 25' of the abandonment belonged to FP&L, the requlrement to erect the wall was eliminated because Checkers would no longer be adjacent to the resldential property. Ms. Heyden referred to Page 10, Comment '11 of the back-up material with regard to the abandonment. A resolution was approved by the City and over the course of updating their tax maps, the County took off the abandonment and then put it back on. Ms. Heyden confinmed that this will never come back and make it necessary for Checkers to erect a buffer wall. Vice Mayor Aguila referred to Page 4, Comment '6 of Ms. Heyden's memorandum. He inquired as to how the exterior lighting was evaluated for glare or spill-over to adjacent areas since the lighting has not yet been done. Ms. Heyden explained that glare is evaluated by the Engineering Department. If the 1llum1- nation levels greatly exceed the m1n1mums, 1t is assumed there will be some glare. He asked if the Engineering Department will be insuring that no glare. will be evident by t~e residents of the apartment. Ms. Heyden sa1d staff 1s not absolutely sure, but they attach a condition that lighting be shielded when adjacent to res1dential properties. Vice Mayor Aguila does not feel the C1ty can protect the residents to the west from glare. Vice Mayor Aguila referred to Item III on Page 5 of Ms. Heyden's memorandum and pointed out that he was unable to find Chapter 19, Article II of the Code of ~ Ordinances. Ms. Heyden directed the Commission to Page 1958.5 (Conditional Use .., section of Appendix A, Zoning), where the standards are listed. This contains an error which needs to be amended. He inquired as to how staff knows thls con- fonms to the standards in the Ordinance. Ms. Heyden explained that staff knows this project meets the site plan review ordinance. She further explained that photometries are not required at this time. - Vice Mayor Aguila stated that the site plan indicates future development. He asked for clarification on what that development m1ght be. Ms. Cottrell explained that originally a commercial building was planned; however, when the title work was done and the site came up smaller than expected, the commercial building was eliminated. An evaluation regarding what would fit on the site would be required. Ms. Cottrell said there is no retention pond on the site. When it rains, the area will be wet for a few hours and then become green area for the remainder of the time. The applicant does not know at this point if drainage requirements can be met if there is future development on the site. Vice Mayor Aguila as~~ti for clarification on Comment '9, Page 16 regarding the hand1cap stall. Mr. F1nizio said this stall does not mirror the Florida Accessibility Requirements manual the City adopted; however, it may comply with the A.D.A. Mr. Finizio suggests flip-flopping the ramp. He said Tom Nicholson or Mary Cather1ne Smith w1ll confinm that the ramp can be flip-flopped either way. Mr. Finizio agreed and stated it was only a recommendation. V1ceMayor Aguila referred to Mr. F1nizio's Comment 'Ion Page 15 and asked whether the law applies within private property. Mr. Finizio confinmed that lt ~ does apply within priv~te property. The applicant has agreed with Mr. Finizio's Comment 12 regarding landscaping at the "nose" of the traffic diverter and has a solution to that problem. _ 'R - ~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORI DA NOVEMBER 16, 1993 rJ Vice Mayor Aguila is not in favor of this site for this project. He feels lighting and glare w~ll have a negative impact on the residents to the west. He also feels noise will seriously impact the surrounding community. The biggest issue to be considered is traffic. Although this meets County standards, this is a very dangerous intersection particularly at the curve of Old Boynton Road where everyone will exit the site. Two lanes of drive-thrus will be exiting at this point. He feels a situation is being created for an incredible accident. This plan is contrary to his understanding of his responsibility to concern him- self with the health, welfare and safety of the community and he will not sup- port the conditional use on this site. Commissioner Katz is in favor of this project. He noted that the restaurants in Boca Raton and Delray Beach do not have the black and white checkerboard which was depicted on the drawings. Ms. Cottrell said this project will have a white and off white tile checkerboard. -- Commissioner Katz noted that the applicant is requesting the black and white. . checkerboard on the sign. Ms. Cottrell said the 81 high monument sign will be the conventional Checkers design. He will support the conditional use if the sign matches the building. Commissioner Katz pointed out that the property in Boca Raton does not have that type of signage and he asked the applicant to do the same for Boynton Beach. Vice Mayor Aguila noted that the Police Department had no concerns about traffic in their evaluation. ~e inquired why the Police Department and Planning staff did not address the issue of traffic. Ms. Heyden said there is a point of acceptance staff had to realize. Development of the parcel will impact the roadway system. With the driveway they have proposed, the parking lot variance, if approved, and the Statels conceptual approval, staff felt the appli'cant had done his job. Motion Vice Mayor Aguila moved to deny the conditional use. THE MOTION DIED FOR LACK OF A SECOND. I Ms. Cottrell said this site has an irregular configuration. The traffic which is generated by Checkers has a high capture rate of 40 percent. Special studies have been done by Checkers in conjunction with Palm Beach County Engineering Division. They generate a total of only 809 annual average daily trips. The traffic associated with this use is almost totally off peak hours. Their peak is from noon to 2:00 p.m. There is no impact on the morning peak hour because Checkers does not open until 10:00 a.m. The dinner peak is much smaller than the lunch peak. Other uses which might go on that site would have a greater impact on the traffic during peak hours. Checkers has shown that it can meet the Countywide Traffic Perfonmance Standards which the City has adopted. Commissioner Walshak does not have a problem with the traffic. He 15 concerned with the lighting. p! asked for assurance that the lighting to be approved will not have an impact on the residents. Mr. Koncal said the conditional use does not require a photometric to be done at that time; however, as a condition of Planning and Development Board approval, Checkers is perfonming a photometric. The fixtures which are currently designed for this site are 1,000 watt fixtures. - 29 - - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA NOVEMBER 16. 1993 .. ct. If the photometric suggests reduction of the wattage and the use of a shadowbox fixture be used. Checkers will make those changes. They will do what is required by the photometric so as not to create an overspill of light. They do not have a problem meeting that condition. Matton Commissioner Katz moved to approve the conditional use subject to all staff com- ments. Mayor Pro T~n Matson seconded the motion. Mayor Pro Tem Matson asked that the comments include the photometric portion of the discussion which was just added. r--Mayor Hanmening pointed out the existence of a neon tube in the glass blocks on Lthe corner. Vice Mayor Aguila ask~d Commissioner Katz if he would include in his motion the issue of shielding the equipment on the roof. Commissioner Katz and Mayor Pro Tem Matson agreed to that addition. Vice Mayor Aguila again spoke of noise which will be generated from this use. Mr. Koncal said the amount of landscaping which will be used on the site will muffle a great deal of the sounds from the site. Mayor Hanmen1ng will not support this project for the reasons discussed at this ~~I meeting. . The motion carried 3-2. (Mayor Hanmening and Vice Mayor Aguila cast the dissenting votes.) Ms. Heyden pointed out that the Planning and Development Board recommended that the loading zone be deleted based on deliveries being from 7:00 to 10:00 a.m. Motion Vice Mayor Aguila moved that the City Commission accept the Planning and Development Board's recommendation to delete the loading zone. Mayor Pro Tem Matson seconded the motion. The motion carried 5-0. VII. PUBLIC AUDIENCE: Leonard WeatherSDoon 1790 HE 2nd Lane. has lived at this address for over eighteen years. He ~as spokin-wTth Public Works on many occasions in an attempt to get drainage in his area. He circulated photos showing the condition of his property when 1t rains. He reported that at times. he must walk through almost two feet of water to get to his house. Approximately ten years ago. swales were dug. He gets a great deal of runoff from the Four Seasons which is located behind his home. C1ty staff agrees there is a problem 1n the area. but nothing has been done. He requested assistance from the Commission. Mayor Hanmen1ng asked if additional swales would help. Mr. Weatherspoon feels ~I more swales will not help since his house is at the lowest point. All water from the east. north and south drains into the easement and across the front of his property. - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA \ NOVEMBER 16, 1993 ~ I Mayor Harmening explained that, the CHy buys in large quantities. City Manager Miller said this portion of paving will be brought back to the Conm1ss10n in conjunction with the resurfacing project. Conm1ss1oner Katz felt there are many more important areas in the City requiring resurfacing and, therefore, the applicant should pay for the first thirty feet of resurfacing. Vice Mayor Aguila advised that this area belongs to the City. Motton Mayor Pro Tern Matson moved to approve. Vice Mayor Aguila seconded the motion which carried unanimously. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMEf-IT , Checkers Drive-In Restaurant Anna Cottrell Checkers Drive-In Restaurant, Inc. Northeast corner of Boynton Beach Boulevard and Old Boynton Road PARKING LOT VARIANCE: Request for a variance to Section 5-142(h)(J) Driveway of Article X, Parking Lots Ms. Heyden made a brief presentation and advised that since Boynton Beach ~ Boulevard is an arterial, there is a requirement that the driveway must be located no less than 180' from the intersecting rights-of-way lines. The appli- cant is requesting that their driveway be located 113' from the intersection of Boynton Beach Boulevard and Old Boynton Road. The Planning and Development Board voted 4-2 in favor of the variance. There are staff conments attached relative to F.D.O.l. approval and extension of the on-site access lane. 1. Project Name: Agent: Owner: Location: Description: Mayor Harmening feels that if the Commission follows the concept which has been set forth in the criteria with regard to the distance for the driveway, this lot may be rendered useless for any purpose. He will support this variance. Motton Commissioner Katz moved to approve subject to all staff conments. Conmiss1oner Walshak seconded the motion which carried 4-1. (Vice Mayor Aguila cast the dissenting vote.) C. OTHER 1. COMMUNITY DESIGN PlAN REVIEW - Request by Checkers Drive-In Restaurant, Inc. to seek relief from the roof covering and archt- tectural features requirements of the Community Destgn Plan (Northeast corner of Boynton Beach Boulevard and Old Boynton Road 'tn the Spanishl Med'terranean destgn d'str'ct) Vice Mayor Aguila feels this is a very modern building which has added some ele- ments and is now being called Mediterranean. Ms. Heyden advised that Checkers would like to substitute the tile with a cut coral. e ..... ~IHUTES - REGULAR CITY C~~ISSION MEETING BOYNTON BEACH. FLORIDA NOVEMBER 16, 1993 ~ , Checkers is requesting relief from the roofing requirement and the architectural features requirement. When this appeared before the Planning and Development Board, there was a 3-3 vote; therefore. 1t has been forwarded with a negative recommendation. Vice Mayor Aguila advised that he 1s opposed to the Community Des1gn Plan. but s1nce it has not been changed. it must be dealt with. Adding features to a very modern building does not make it a Mediterranean build1ng. He suggested the Community Design issu~ be addressed soon. Commissioner Walshak pointed out that Texaco and Wendy's do not meet the Design Plan. t Ms. Cottrell feels this building will be an asset to the community. This des1gn has been tried in only six other areas, and has been modified even further to meet the design guidelines for the City. It is a modular building which is 14' wide by 541 long. Checkers has attempted to meet the language and intent of the requirements. The total package of the design closely meets the intent with only a few except10ns for which variances are requested. She d1splayed photos of buildings similar to the one being proposed. Ms. Cottrell feels that with the streetscape and the inclus~on of the cut coral stone, the building will meet the intent of the guidelines. There will be a wrought iron railing around the patio and a fountain on the patio. The neon is mounted along the fascia and the stucco treatment w11\ be textured. Commissioner Katz would like the sign to match the colors of the building. Mr. Koncal said the corporate identity has been altered severely to meet the design guidelines. A great deal of time and effort has gone into working with staff to meet this sty11ng. Mr. Koncal- said he would cons1der chang1ng the monument sign to a teal and wh1te s1gn 1n 11eu of having to do a barrel t11e roof. Since this is a modular bu1ld1ng. they are not equipped to add a barrel tile roof at this time. He asked that the fasc1a and equipment screen be allowed as shown. They will add the cut coral stone in 11eu of the t11e. There w1l1 be no black and [wh1te checker on the bu11d1ng. The glass block 1s back l1ghted with neon and they wish to keep that neon. In response to a question from Vice Mayor Agu11a. Mr. Koncal said they would attempt to do the columns in the cut coral. but he was not certain they would be able to do so. If they cannot. they will paint the columns. Vice Mayor Agu11a asked 1f Checkers has flexibility for the equipment shield. Mr. Koncal said they can make the equipment screen taller so that no equipment can be seen. Checkers will have a satellite dish, but it will not be visible from the street side. Commissioner Walshak remarked that when finished. the bu11ding may be the best looking bu11ding from l-95 to Congress Avenue. Vice Mayor Aguila commented that this building is attractive and Checkers has a good product; however, he still feels this is the wrong site. - - 33 - ~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1993 e Motion Commissioner Walshak muved to approve Item VIII-C.l. Mayor Pro Tem Matson seconded the motion. She noted that this motion includes all stipulations and the trading off of the roof for the sign. The motion carried 4-1. (Vice Mayor Aguila cast the dissenting vote.) Ms. Heyden noted that staff had not reviewed the photos the Commission viewed this evening and she was not aware of whether or not they were the same as the elevation staff reviewed and commented on. Vice Mayor Aguila said Checkers was not held to the photos. They were held to the comments from the colors they addressed and the cut coral. Ms. Cottrell stated there are very slight differences from the elevations. Mayor Pro Tem Matson said that the photos were only used as an example. The photos were not part of the discussion. MAYOR HARMENING DECLARED A BRIEF RECESS. 2. Authorize pennit for Excavatton a Ftll Operation - Boynton Beach Boulevard P.C.D. (Located at Boynton Beach Boulevard and immedi- ately west of Post Off tee across frOM Winchester Boulevard) Motion - Vice Mayor Aguila moved approval with staff comments. Mayor Pro Tem Matson seconded the motion \'h1ch carried 4-0. (Commissioner Walshak was away' from the da 15 . ) 3. Use detennination and fee waiver (by Jim Hudson, 521 North Federal Highway) for a dry cleaning service in the Central Business District Ms. Heyden explained that Mr. Hudson is currently in the site plan approval pro- -- cess to convert the existing vacant building into a dry cleaners. As part of the application proce!$, Mr. Hudson received infonmat1on from the City which encouraged him to prepare a fonmal site plan application. He has been 1nfonned by the Building Department that dry cleaning on the premises is not allowed. Ms. Heyden advised that this is a gray area in the Code. City Attorney Cherof suggested bringing this to the Commission for a use detenm1nation. Further, Mr. Hudson is requesting the $150 use detenm1nat1on fee be waived. Ms. Heyden explained that when comparing sections of the zoning code and the Comprehensive Plan relative to this use, some of them allow dry cleaning on the premises, some do not and some prohibit dry cleaning plants. In the CBD, dry cleaning pick up is allowed. Laundry plants are prohibited, but dry cleaning on the premises are not expressly prohibited. The City Commission can decide that the use is not appropriate and was never ~ intended to be allowE~ in the CBD, or that it is appropriate and is a matter of interpretation. If it is found to be appropriate, a zoning code text amendment should be instituted. That would require a $250 fee. - 34 - It