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AGENDA DOCUMENTS / C'~&Ie~fl...! Q..,M IJNI'1 ~6-~~N ~tA{. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1993 ~ Mayor Hanmening explained that the City buys in large quantities. City Manager Miller said this portion of paving will be br ught back to the Commission in conjunction wi the resurfacing project. Co sioner Katz felt there are many more important a s in the City requiring resurf ing and, therefore, the applicant should pa for the first thirty feet of r rfacing. Vice Mayor Aguila advised that tn area belongs to the City. <~ Moti n " " "'.. " "- Matson moved to appr~ve. Vice Mayor Aguila secon~ed the motion animously. ", "'::... B. NON-CONS AGENDA - NOT UNANI~~".Y APPROVED BY PLANNING DEVELOPMENT " " ""'. "'..... Checkers Dr1ve-In< staurant Anna Cottrell eckers Drive-In Resta nt, Inc. heast corner of Boynto each Boulevard and Boynton Road PARKING' t VARIANCE: Request for a variance to Section '-142(h)(3} Driveway of Article X, Parking Lots Ms. Heyden made a brief pre ntation and advised that Jnce Boynton Beach t Boulevard is an arterial, the is a requirement that t~riveway must be located no less than 1801 from t intersecting rights-of-way lines. The appli- can requesting that their drive be located 1131 from t~ intersection of , Boynton ach Boulevard and Old Boynto oad. The Planning and~yelopment ~ Board vote -2 in favor of the variance. There are staff conments' ttached> relative to F. .T. approval and extension the on-site access lan 1. Project Agent: Owner: Location: Description: Mayor Hanmening feels at if the Conmission follo the concept which has set forth in the criteria th regard to the distance the driveway, this be rendered useless for a urpose. He will support is variance. Commissioner Katz oved to approve subject all staff comm~ssioner Walshak seconded the motion which carried 4-1. 'i,VJce Mayor Aguila cast the dis~entinQ vote.} - C. OTHER 1. COMMUNITY DESIGN PLAN REVIEW - Request by Checkers Drive-In Restaurant, Inc. to seek relief from the roof covering and arch1- tectural features requirements of the Community Design Plan (Northeast corner of Boynton Beach Boulevard and Old Boynton Road in the Span1shl Med1terranean des1gn d1str1ct) 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 cora 1. 4 - 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1993 e 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, it has been forwarded with a negative recommendation. Vice Mayor Aguila advised that he is opposed to the Community Design Plan, but since it has not been changed, it must be dealt with. Adding features to a very modern building does not make it a Mediterranean building. He suggested the Community Design issue be addressed soon. Commissioner Walshak pointed out that Texaco and Wendy's do not meet the Design Plan. . Ms. Cottrell feels this building will be an asset to the community. This design 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 141 wide by 54' 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 exceptions for which variances are requested. She displayed photos of buildings similar to the one being proposed. Ms. Cottrell feels that with the streetscape and the inclusion 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 will 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 styling. Mr. Koncal- said he would consider changing the monument sign -~--to a teal and white sign in lieu of having to do a barrel tile roof. Since this is a modular building, they are not equipped to add a barrel tile roof at this time. He asked that the fascia and equipment screen be allowed as shown. They will add the cut coral stone in lieu of the tile. There will be no black and white checker on the building. The glass block is back lighted with neon and they wish to keep that neon. In response to a Question from Vice Mayor Aguila, 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 Aguila asked if ~heckers has flexibility for the equipment shieid. 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. e Commissioner Walshak remarked that when finished, the building may be the best looking building from 1-95 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 (II Motton ",~ Commissioner Walshak moved to approve Item VIII-C.1. Mayor Pro Tern 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 Tern Matson said that the photos were only used as an example. The photos were not part of the discussion. r MAYOR HARMENING DECLARED A BRIEF RECESS. Authortz enmtt for Excava n & Fill Operation - Boynton Beach Boulevard P. .0. (Located at B ton Beach Bou ard and immedi- ately west of st Office across Winchester levard) . ....,~" proval with rried 4-0. ff comments. Mayor 0 Tern Matson '. mmissioner Walshak w' away from the 3. Use detenmination and fee waiver Jim Hudson. 521 Nor Federal Highway) for a~dry cleaning vice 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 process, Mr.~. Hudson received information from the City which encouraged n~to prepare a onnal site pl~application. has been informed b;:;;he Buildi Department th dry cleaning bQ the premises 's not allowed. \ "- '- Ms. den adviseC2...that this is a\.gray area in tli Code. City A orney Cherof suggest tl.bringing t~is to the ColTl1h,ssion for a us determination. Further, Mr. Hudson is ~questing th~" $150 use deter~nination fee ,waived. Ms. Heyden exp ained that'w~en comparing~~ections of th~~Oning code and he Comprehensive P n relative"'le this use, SOFq~ of them all~",dry cleaning o~he premises, some do not and some~rohibit dry eaning plants.'In the CBD, dry'" cleaning pick up i .allowed. La~ndry plants a prohibited, bb( dry cleaning on the premises are no expressly pr~ibited. ~ ' ~ , ~ The City Commission can decide that the use is not a ,ropriate and was never intended to be allowed 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 -