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AGENDA DOCUMENTS MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA PARKING LOT VARIANCE 1. Project: Agent: Owner. Location: Description: JULY 11, 1995 Taco Bell at the Shoppes of Woolbright PCD . Eduardo L. Carcache CKE Group, Inc. Taco Bell Corporation Northeast comer of Woolbright Road ann r,W 8th Street Request for relief from Chapter 23 - Parking Lots, Article .II, Section H.5., Land Development Regulations, to reduce the distance between a street right-of-way line at a major driveway to a parking space/access aisle from the required 100 feet to 30 feet. .. This item was addressed earlier in the meeting. 2. Project: Agent: Owner. Location: Deseri ption: Farm Stores A. M. Pascual EGN, Inc. REWJB Investments, d/b/a Farm Stores Northwest corner of Boynton Beach Boulevard and N.W. 7th Court Request for relief from Chapter 23 - Parking Lots, Article II, Section H.3., Land Development Regulations to allow a driveway on Boynton Beach Boulevard to be located 53 feet, rather than the required 180 feet, from the intersection of N.W. 7th Court. and Request for relief from Chapter 23 - Parking Lots, Article II, Section I. t, Land Development Regulations to allow the back-up distance of 19 feet, rather than the required 27 feet, for one-way, ninety degree (900) parking. This item was withdrawn at the applicant's request. 28 MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA 5. OLD BUSINESS None. 6. NEW BUSINESS Public Hearing A. Case No. 208 Location: Property Owner: Requested Variance: .. The applicant had withdrawn this request. B. Case No. 209 Location: Property Owner: Requested Variance: JULY 17, 1995 Northwest corner of Boynton Beach Boulevard and N.W. 7th Court Walter Dutch, Trustee Request for relief from Section 11.J of Chapter 2 - Zoning of the City of Boynton Beach Land Development Regulations to reduce the width of a loading zone from 12 feet to 9 feet in connection with construction of a new drive- through convenience store. Northeast corner of Boynton Beach Boulevard and N.W. 7th Court Papa John's USA Request for relief from Section 11.J of Chapter 2 - Zoning of the City of Boynton Beach Land Development Regulations to omit a loading zone in connection with construction of a new pizza store with take-out and delivery services. ALSO Request for relief from Section 11.H.d of Chapter 2 - Zoning of the City of Boynton Beach Land Development Regulations which 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 B. Project: Taco Bell at the Shoppes of Woolbright PCD Agent: Eduardo L. Carcache, CKE Group, Inc. Owner: Taco Bell Corporation Location: Northeast corner of Woolbright Road and SW 8th Street Description: PARKING LOT VARIANCE: Request for relief from Chapter 23 - Parking Lots, Article II, Section H.5., Land Development Regulations to reduce the distance between a street right-of-way line at a major driveway to a parking space/access aisle from the required 10u teet to 30 feet. Attorney Cherof recommended incorporating the comme~ts made by staff and the applicant at the previous hearing for the conditional use. Eduardo Carcache was of the opinion that by approving the conditional use with the stipulations made, the variance has already been denied. Mr. Carcache had nothing additional to add. Staff had nothing additional to add. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE IN THE AUDIENCE WHO WISHED TO SPEAK IN F'AVOR OF, OR IN OPPOSITION TO THIS REQUEST. Motion Vice Mayor Bradley moved to deny. Commissioner Rosen seconded the motion which carried unanimously. c. Project: Farm Stores APPLICANT REQUESTED THIS ITEM BE WITHDRA WN AT THE PLANNING AND DEVELOPMENT BOARD MEETING Owner: Location: Descri ption: A. M. Pascual EGN, Inc. REWJB Investments, d/b/a Farms Stores Northwest comer of Boynton Beach Boulevard and NW 7th Court CONDITIONAL USE: Request for conditional use approval to construct a 756 square foot drive-through, convenience store with two drive-up windows on a .29 acre parcel Agent: This item was withdrawn at the Planning and Development Board meeting. 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 B. Project: Taco Bell at the Shoppes of Woolbright PCD Agent: Eduardo L. Carcache, CKE Group, Ine. Owner: Taco Bell Corporation Location: Northeast corner of Woolbright Road and SW 8th Street Description: PARKING LOT VARIANCE: Request for relief from Chapter 23 - Parking Lots, Article II, Section H.5., land Development Regulations to reduce the distance between a street right-of-way line at a major driveway to a parking space/access aisle from the required 100 leet to 30 feet. Attorney Cherof recommended incorporating the comments made by staff and the applicant at the previous hearing for the conditional use. Eduardo Carcache was of the opinion that by approving the conditional use with the stipulations made, the variance has already been denied. Mr. Carcache had nothing additional to add. Staff had nothing additional to add. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE IN THE AUDIENCE WHO WISHED TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO THIS REQUEST. Motion Vice Mayor Bradley moved to deny. Commissioner Rosen seconded the motion which carried unanimously. c. Project: Farm Stores APPLICANT REQUESTED THIS ITEM BE WITHDRA WN A T THE PLANNING AND DEVELOPMENT BOARD MEETING Owner: location: Description: A. M. Pascual EGN, Inc. REWJB Investments, d/b/a Farms Stores Northwest comer of Boynton Beach Boulevard and NW 7th Court CONDITIONAl USE: Request for conditional use approval to construct a 756 square foot drive-through, convenience store with two drive-up windows on a .29 acre parcel Agent: This item was withdrawn at the Planning and Development Board meeting. 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA r JULY 18, 1995 B. Project: Taco Bell at the Shoppes of Woolbright PCD Agent: Eduardo l. Carcache, CKE Group, Inc. Owner: Taco Bell Corporation Location: Northeast corner of Woolbright Road and SW 8th Street Description: PARKING lOT VARIANCE: Request for relief from Chapter 23 - Parking Lots, Artide II, Section H.5., Land Development Regulations to reduce the distance between a street right-of-way line at a major driveway to a parking space/access aisle from the required 1 DC .eet to 30 feet. Attorney Cherof recommended incorporating the comments made by staff and the applicant at the previous hearing for the conditional use. Eduardo Carcache was of the opinion that by approving the conditional use with the stipulations made, the variance has already been denied. Mr. Carcache had nothing additional to add. Staff had nothing additional to add. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE IN THE AUDIENCE WHO WISHED TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO THIS REQUEST. Motion Vice Mayor Bradley moved to deny. Commissioner Rosen seconded the motion which carried unanimously. c. Project: Farm Stores APPLICANT REQUESTED THIS ITEM BE WITHDRA WN A T THE PLANNING AND DEVELOPMENT BOARD MEETING Agent: A. M. Pascual EGN, Inc. REWJB Investments, d/b/a Farms Stores Northwest corner of Boynton Beach Boulevard and NW 7th Court CONDITIONAL USE: Request for conditional use approval to construct a 756 square foot drive-through, convenience store with two drive-up windows on a .29 acre parcel Owner: Location: Description: This item was withdrawn at the Planning and Development Board meeting. 18 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 7. NEW BUSINESS: A. PUBLIC HEARING CONDITIONAL USE Description: Farm Stores A. M. Pascual EGN, Inc. REWJB Investments, d/b/a Farm Stores Northwest corner of Boynton Beach Boulevard and NW 7th Court Request for conditional use approval to construct a 756 square foot drive-through, convenience store with two drive-up windows on a .29 acre parcel 1. Project Name: Agent: Owner. Location: Mike Haag made the presentation. The surrounding land uses are existing single-family residences to the north (R-l-A)j NW 7th Court and a vacant parcel (C-2) to the east; Boynton Beach Boulevard and developed commercial property (C-2) to the south; and an existing commercial building (C-2) to~the west. Conditional uses require review of 12 zoning standards which are listed in detail in Planning and Zoning Department Memorandum #95-324 dated July 7, 1995. 1. Ingress and Egress to the Property - Three driveways are proposed; one ingress- only onto NW 7 Court; one two-way driveway onto NW 7 Court; and an egress- only driveway onto Boynton Beach Boulevard. The three driveways are to serve the two drive-through lanes leading to the two drlv,,"up windows; one on the east and one on the west of the building. The drive-up window is not permitted on the east side of the site facing NW 7th Court. The applicant is requesting a Community Design Appeal on that issue. A parking lot variance for the Boynton Beach Boulevard driveway has also been submitted. Staff recommended approval of the driveway variance subject to the cross-over lane south of the building being removed. However, staff does not support the east drive-up window. 2. Off-street Parking and Loading Zone - There is a requirement for a 35' x 12' loading zone. This site does not have enough room for a 12 foot wide loading zone; therefore, the applicant is requesting a zoning code variance to reduce 4 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 1t, 1995 it to 9'. That request will be heard by the Board of Adjustmert on July 17. Parking is located along the north side of the property. This U5e requires a minimum of four parking spaces for a commercial use. They will provide one handicap parking space. In 1992, the property owner appeared before the City Commission and said there was an error in the location of the zoning line. At that time, staff had recommended that the north SO' portion be limited to landscaping, drainage, and parking associated with a future commercial building on the remainder of the property. The Commission allowed the north SO' residential portion of the property to be developed for commercial use. This proposal show~ the applicant honoring staff's original request by keeping the commercial building to the southern portion of the site. 3. . Refuse and Service Areas - The applicant intended to provide trash cans in the receptacle area; however, the Public Works Director is recommending a dumpster enclosure and dumpster. The dumpster enclosure and dumpster cannot be located in the north SO' of residentially-zoned property. 4. Utilities - All utilities are avai lable to the site. 5. Screening, Buffering and Landscaping - There is a requirement for a buffer wall wh ich the applicant has agreed to construct. The applicant has met the landscape code requirements. 6. Signs - The plan indicates a freestanding sign in front of the project, directional signs and building signage. When staff reviewed this application, there was insufficient information available to make a judgment on whether or not this application met the sign code or community design plan for size, color and type of signage. Staff is requesting that the signage be brought back before the Planning & Development Board. 7. Setbacks - The building meets all setback requirements, and lot coverage is within the code requirements. 8. General Compatibility with Adjacent Properties - There is a problem with the architectural design of the building which was identified during the review process. The building is rectangular in shape with a wing-like stuccoed top. This application is in compliance with the remaining evaluation standards. 5 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Haag pointed out that all departmental comments are subject to the Technical Review Committee recommendations regarding the requested parking lot variances as noted in Planning & Zoning Department Memorandum No. 95-327. He advised that there is a request for a parking lot variance to allow a driveway within 180' of the intersection. There is also a requirement that there be a 27' backup space for the parking spaces. The site plan shows 19' and 53'. There is a variance request to cover that situation.. Mr. Haag advised that staff's recommendation in favor: of the driveway variance took into consideration the improvements the applicant made during the review process by revising the original driveway design. This original design involved significant safety problems in connection with a two-way driveway design onto NW 7th Court, rather than the ingress only design currently proposed. This driveway design still has potential problems if motorists disobey the ingress-only restriction. The safest traffic flow would be to eliminate this driveway, which would make even more sense with elimination of the east drive-up window. Staff was not in favor of the reduction from 27' to 19' and believes there is enough room on the site to accommodate the 27' backup space. Staff is also not in favor of the Gommunity design plan appeal for the location of the drive-up window. Staff believes that the site can be redesigned to accommodate the use without requiring two drive-through windows. With the conclusions drawn under the discussion of ingress and egress to the site, one drive- up window (on the west side of the building) would suffice and could eliminate the peed for the "problematic" ingress-only driveway onto NW 7 Court, the back-up space varianc;e <the building can be shifted south), the loading zone width variance (the building can also be shifted east), and the unresolved dumpster access problems. ' Based on the information which indicates that there is an alternative drive-through facility design that has not been proposed which addresses traffic safety and efficiency, sanitation collection and compliance of the building with the objectives of the community design plan, the Planning and Zoning Department recommends denial of this conditional use request as subm itted. Bert Pascual, of EGN Engineering, 9300 NW 2S Street, Miami, Florida, and Maurice Barrett, 4161 Park Avenue, Coconut Grove, Florida, were present to address their proposal. Mr. Pascual said two of the outstanding issues were safety on site and trash collection. The applicant has arrived at two possible solutions to these problems and requested permission to present those options to the board. 6 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Pascual advised that the original plan shows a double ingress/egress and one egress on the site. This plan was submitted to D.O.T., and a verbal approval has been received. One of the problems they are encountering is the location of the trash enclosure on the site. When the rear 50' was rezoned as commercial in 1992, a decision was made that only landscaping, drainage and parking are permitted in that area. In presenting a "clean slate plan on a totally commercial par~t:I. to Mr. Eichorst, Public Works Director, Mr. Pascual learned that if the dumpster enclosure could be located on the rear 50', the Public Works Department would support the plan. In Mr. Pascual's opinion, placing the dumpster in the front portion ofthe site is inappropriate. Farm Stores is willing to seek another variance to allow a five foot high stuccoed CBS enclosure (to match the buffer wall) in the rear portion of the site. On this "new" plan, Farm Stores removed the traffic conflict by relocating two of the required parking spaces (four spaces are required) to the front, southern portion of the property. By extending the building back, they can achieve the 27' backup distance. With regard to the double drive-through, Farm Stores is proposing to install a 48-inch buffer. He circulated photos of Wendy's and Checkers to display their buffers. A 48-inch buffer would screen the impact of a double drive-through. Farm Stores has kept the size of their buildings small and needs the double drive-through to decrease any stacking and vehicle impact on the site. Farm Stores is more than willing to discuss any additional requests for added screening such as a 4' trellis. I Mr. Barrett advised that Farm Stores has 204 stores in operation. They are the largest type of double drive-through store in the country, and deal mainly in dairy products. They have been in South Florida since 1957, and they are a community-oriented business. In 1992, Farm Stores was bought out of bankruptcy and the company set up a new vision statement which demands that Farm Stores be a responsible corporate citizen. Based on the layouts shown, Farm Stores states that it wi II take 15 seconds to serve customers. They do not prepare food. Fann Stores chose this location to serve the residential community to the rear of this site. They are not trying to capture a great deal of business off Boynton Beach Boulevard. They are confident most of their business will come from the community to the rear. Mr. Barrett feels Farm Stores is the expert in the area of traffic, and that statement is justified by the number of stores in operation and their experience in South Florida. Mr. Barrett explained that Farm Stores is very flexible, and requested assistance from the board in helping them to develop the site. 7 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Wische was pleased with the manner in which Farm Stores addressed the problems that exist and the fact that they are flexible. He pointed out that the applicant worked diligently to revise a major problem. He will support this project if the applicant will address and work out the remaining outstanding issues. Vice Chairman Golden questioned whether or not staff has had the opportunity to review the revised site plan. Mr. Pascual responded negatively and advised that the revised plan was worked out in the past two days and only printed out this morning. Mr. Pascual explained that it is very important for this application to go before the City Commission as planned; therefore, they decided to present this plan directly to the board. Mr. Barrett added that this property is a lease property and they have restrictions on the inspection period. They have already requested two extensions because the process time took longer than originally anticipated. Their deadline is in August, and if the permits are not pulled at that time, they must either back out of the deal, or begin paying rent. It would not be to Farm Stores' benefit to pay rent on a project they are not certain they will be able to build. At Mr. Barrett's request, EGN is presenting these options this evening in an attempt to speed up the process. The landlord is tired of the delays and wants this project to move forward. ~ In response to Chairman Dube's question regarding whether or not there are too many outstanding issues for the board to address, Ms. Heyden advised that the presentation tonight is a new design. She commended Farm Stores for their work, but feels that this project would work better in a different C-2 zone in the City. This is the wrong use for this location. Putting the dumpster in the 50' rear portion compromises the residential character of that northern portion of the site. In addition, she opposes the double window on Boynton Beach Boulevard. In Chairman Dube's opinion, this project is "ten pounds in a five pound bag". Vice. Chairman Golden further pointed out that this is not a standard site plan. This is a conditional use. The staff report deals with the first site plan shown, not with the new proposal. He does not feel the board can consider this new plan since it is a conditional use. Mr. Haag advised that the applicant was given the opportunity of continuing this case until the next meeting. That would have allowed them to go back before the TRC with the revised plan. Staff did not have the time available to review the revised plan prior to this meeting. Chairman Dube explained that the Planning & Development Board can readdress this application in two weeks, but that would not solve the applicant's urgency to go before the City Commission this month. 8 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Pascual stated that he understands the issue with regard to the SO' rear portion of the property; however, the applicant feels the citizens of Boynton Beach would prefer not to see the trash enclosure on the front of the property. Chairman Dube explained that the board can only vote on the application submitted and the recommendations of staff on that application. He further advised that even if this board denies the application, it will still move forward to the City Commission. With regard to the dumpster in the residential area, Ms. Heyden advised that that issue does not involve a variance. It is a decision that only the City Commission can make. With regard to the loading zone, a variance would still be required. Chairman Dube pointed out that the applicant had two options. The first option was to allow the board to vote on the plan and recommendations submitted. The second option was for the applicant to withdraw the application, resubmit the revised plan, and return for a speCial Planning & Development Board meeting on July 25. The second option would take this application to the first City Commission meeting in August. Mr. Barrett stated that he did not want the project to die, and wants to work with the City. ~ CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. Gary Lehnertz, 619 SW 2 Avenue, addressed the issue as a private citizen and a representative of the Lake Boynton Homeowners' Association. Lake Boynton Estates is directly to the south of this project. In his opinion, this is the wrong location for this project. The site is too constrained for this use. There are major problems with the dumpster, traffic and inadequate landscaping. He feels this board and the City Commission should deny this project. Karen.Churey, 1002 NW 7 Court, said most of the residents in the area are not in favor of this project. It compromises traffic and she is in agreement with Mr. Lehnertz' remarks. Joyce Bartell, 160 W. Ocean Drive, does not see how this project would benefit her as a resident. She is concerned about environmental safety. Although she believes in businesses being able to promote their products, and good use of land, she feels the location of this project is wrong. Jose Aguifa, 800 SW 1 Court, (eels this is putting ten pounds in a five pound bag. Although property owners have the right to develop their property, and this applicant has attempted to resolve some of the issues, he objects to this project on this site. Drivers trying to manipulate 9 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 the turn into the driveway to the drive-through lane will create a situation whereby they will be driving over the landscape islands. He does not believe this plan can work. He also has a problem with the issue of refuse collection. This use does not generate only recyclables. They will need two dumpsters which will result in the elimination of parking spaces. He also asked the members to consider how this project will look a year from now. He referred to the Farm Store on Woolbright Road, pointing out that there are stacks of plastic containers and coolers outside the building beciluse of lack of space indoors. He has concerns about noise in the early morning hours, and does not like the design of the store. Mr. Aguila feels Farm Stores is attempting to do too much on a small site. This is the wrong project for this site. He urged the board and the City Commission to deny this project. Mr. Beasley advised that based on the site plan presented, and the comments, he will not support this project. With regard to the new site plan presented this evening, he is not certain whether or not he would support the project, but would most likely vote to deny it. Mr. Rosenstock feels this is the wrong project in the wrong place. He does not believe in prolonging misery for an applicant and causing more expense. Even if the application is continued to allow time for review of the revisions, he will still not support this project. ~ Motion Mr. Rosenstock moved that based upon the revised plans and the former plans submitted, we vote to deny this petition. Vice Chairman Golden seconded the motion. Chairman Dube advised that although he suggested the option of continuing this application, he will oppose the revised plan. Vice Chairman Golden feels the parcel is too small to accommodate the proposed use. It has access and circulation problems as well as other problems covered in staff's report. He feels staff's recommendation is appropriate. Chairman Dube explained that from first seeing this proposal, his opinion has been, and remains, that it is too much for the property. In fairness, the applicant has other options. The board can deny this application, and the applicant can withdraw the application to stop it from going to the City Commission. That will allow an opportunity for the applicant to work with staff. However, because of the number of problems involved, even the revised plan would be denied by this board. Chairman Dube reminded the applicant that this board is only advisory in nature, and the City Commission may not deny the request. 10 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Because Farm Stores is very sensitive to community concerns, and because of remarks made by the public, Mr. Barrett said he would pull away from the project. He thanked the board for its time. l\ttr. Wische stated that he was originally against this project, but based on the applicant's vigor to produce plans, he thought it might work. However, after hearing comments this evening, he will not support this project. In response to Chairman Dube's question regarding whether or not Mr. Barrett's intention is to withdraw the application, Mr. Barrett responded affirmatively. --- Mr. Rosenstock withdrew his motion, and Vice Chairman Golden withdrew his second. Mr. Haag explained that there were other agenda item~ for the Farm Stores. The applicant requested that all items be withdrawn from the agenda. Those items are VII-B. 1 (Community Design Plan Appeal), and VII-E.2 (Parking Lot Variance). . 2. Project Name: Agent: ~ Mr. Haag made the presentation. The arcel r this project is cated within th PCD. The surrounding land uses and zoning inc vacant land zoned CO to the nort . existing parking lot for Home Depot zoned PCD e east; Woolbright Ro. and vacant la zoned C-3 to the south; and SW 8th Street a vac t land zoned pee to e west. Because conditional uses requir review of 1 zoning standards, nning and Zo ing Department Memorandum #95 34 dated July 7, 995, details the resul of that review. A brief synopsis of that review i . listed below. 1. Ingress/Egr 5 - The property is a ne -subdivided outpa el within the Shoppes of oolbright PCD. Due to an ap oved master plan ification for the peD which included a median cut withi SW 8th Street to ign with the future shopping center driveway, the driveway has been upgrade to a major 11