AGENDA DOCUMENTS
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
A. PUBLIC HEARING
CONDITIONALUSE
1.
Project Name:
McDonald's/Amoco Restaurant and Service
Station/Convenience Store
Robert E. Basehart & Anna Cottrell
Basehart & Cottrell, Inc.
RFK Enterprises of Boynton Beach, Inc.
Southeast corner of Congress Ave'nue and
Woolbright Road
Request for conditional use approval to construct
a 3,431.91 square foot building for a combination
gas station/convenience store with drive-through
restaurant on a 1.0002 acre lot.
Agent:
Owner:
location:
Description:
Dan DeCarlo, Assistant Planner, made the presentation. The parcel for this project is located
within a C-3 zoning district. The surrounding land uses and zoning include Woolbright Road
and an existing office building zoned C-l to the north, a bank zoned C-3 to the east,
undeveloped vacant property zoned C-3, and multi-family residential property zoned R-3 to
the south, and Congress Avenue and an existing commercial building zoned C-3 to the west.
Twelve standards exist for evaluation of a conditional use. Those standards have been
evaluated in detail by staff in Planning and Zoning Department Memorandum 95-398. A brief
summary is as follows:
1. Ingress and Egress - Access to the site is via a two-way drive on Congress
Avenue and a two-way drive on Woolbright Road. Traffic flow on the site is
two-way, with the exception of the south and east sides of the building where
the drive-through lane and drive-through window are located. Access to the
angled parking spaces on the east side of the building is one-way.
The pump islands are located on the west side of the building. Four pump
islands are proposed, with a fifth island to be included in the future. During
review, staff raised serious concerns regarding the fifth pump island due to
conflicts with drive-through traffic and vehicles maneuvering into and out of the
parking spaces at the southwest corner of the building, the location of the
loading area and of the dumpster, and congestion close to the driveway onto
Congress Avenue.
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
In addition to the degree of vehicular activity in this southwest corner of the
parcel, an existing cross-access easement to the vacant parcel to the south exists
in this same area.
The current Community Design Plan requires vehicular circulation systems on
adjacent properties to be linked to encourage cross access between. parcels.
The purpose of cross access is to minimize the number of curb cuts on major
roads for traffic safety reasons.
For all of these reasons, staff recommends against the future fifth pump island.
Level of service problems on Woolbright Road will soon be remedied after the
County lets the plans to six-lane Woolbright Road from Congress Avenue
eastward. A letter from Palm Beach County indicating their approval has been
received relative to the number of trips.
2. Off-Street Parking and Loading Areas - Based on the square footage of the
building, 30 spaces are required and have been provided including two
handicap spaces. A loading area is to be provided along the south property
line. Staff finds the location of this loading zone to be acceptable.
3. Refuse and Service Areas - The dumpster location is proposed on the southeast
corner of the parcel. Public Works has approved the location and the enclosure.
4. Utilities - All utilities are available to the site. A private lift station is proposed.
5. Screening, Buffering and Landscaping - The applicant will meet all landscape
code requirements.
6. Signs and Exterior Lighting - There will be one fr~estanding pole at the
northwest corner of the parcel. The sign will be 20' in height and will display
the McDonald's and Amoco corporate logos and the gasoline prices. There will
be signage on the building walls and canopies,
7. Setbacks and Open Space - All code required setbacks are reflected on the site
plan. No open space requirements are applicable.
8. General Compatibility with Adjacent Properties - The size and proposed colors
of the building are compatible with the surrounding buildings. However, the
metal striped pump island canopies do not blend well with the stucco-walled
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Spanish "S" roof-tiled restaurant/convenience store building. Planning and
Zoning Department Memorandum No. 95-399 contains recommendations
(comments 11 and 12) to replace the pump island canopies with a terracotta-
tiled mansard roof to match the building, and to improve the appearance of the
flat-roofed portion of the building by extending the mansard terracotta roof
around the entire building. The plans submitted do not show lighting on the
perimeter of the canopy.
A Community Design Plan appeal has been submitted to permit. multiple,
vertical lighting beams to be attached to the roof line.
9. Height of Buildings and Structures - The proposed building is a single-story, and
is 16.92' in height. The height proposed is harmonious with the buildings in
the immediate area and consistent with the established character of the area.
This project is in compliance with Standards 10, 11, and 12.
Staff recommends that the exterior material and color of freezer area match the color and
material of the walls of the building and to omit the white accent top band shown on the
elevation and replace it with the extension of the mansard terracotta roof around the entire
building, modify the material and design of the canopy to include a terracotta mansard roof
to match the building, match the color and type of material of the exterior surface of the
rooftop equipment with their roof screening, and delete the future fifth pump island due to
potential problems with a concentration of traffic in the southwest portion of the parcel and
conflicting traffic from vehicles approaching and exiting the pumps, drive-through lane, the
cross-access area, and the parking spaces closest to the menu board.
Staff recommends approval of the conditional use request subject to permit plans for this
project being amended to show compliance with staff comments and the applicable City of
Boynton Beach Code of Ordinances. This includes deletion of the future fifth pump island
.
nearest the south property line.
Anna Cottrell,_ 1532 Old Okeechobee Road, West Palm_ Beach, represented the appl icant.
With her were Dean O'Neill, Real Estate representative for McDonald's, and Ken Strahl,
Project Engineer for Amoco.
Ms. Cottrell explained that this project is a new concept. Amoco and McDon.ald's are
developing projects in two areas south of Boynton Beach. This concept has been tried at least
a dozen times in Texas and North Carolina. This project will combine the two facilities;
thereby achieving efficiency in land use. This project creates a nice appearance and all site
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
elements perform double duty. It incorporates some of the corporate architecture of each
organization and eliminates the contrast which may be objectionable.
During the hours when McDonald's is closed, there will be access into the Amoco station.
After 10:00 p.m., there will be an interior gate which will be used to close the walk to the
McDonald's portion of the building. There is a convenient flow of pedestrian traft!~ through
the building, and all portions of the building will be handicap accessible.
The predominant color of the building will be beige stucco with a terracotta tile ro~f. There
are colored (aquamarine) accent bands which incorporate McDonald's corpora~e colors.
Landscaping will be done to meet the code requirements. There will be perimeter planting
and building foundation plantings. There will be a mixture of native materials including Live
Oaks and Laurel Oaks, Silver Buttonwood, and Cocop/um.
Staff has indicated problems with the fifth pump island which is included for future
development. They also want to see the mansard roof around the entire perimeter of the
building rather than a portion of the building. Staff has also recommended the Amoco
canopies over the pump islands have the mansard roof. Staff also objects to the light beams
which are the subject of the Community Design appeal.
Ms. Cottrell explained that the pump island is added for the future as a result of projected
market demand at this particular location. It is a carefully considered item, and it is not being
requested at this time because there is not enough traffic volume projected business to warrant
it at this time. The applicant feels that with all the modifications to the plans and all of the
comments they addressed, the site works well even with the fifth pump island. There is no
concern with pedestrian movement and circulation works well.
Chairman Dube questioned whether or not Amoco is aware that RaceTrac will be located less
than one-half mile from this site. Ms. Cottrell responded affirmatively, and stated that Amoco
feels that the traffic volume and demographics point to the need for the additional pump
island. ·
Mr. Wische inquired as to how the traffic would be controlled around the fifth pump island.
Ms. Cottrell explained that the block which is visible on the plans indicates the canopy. Using
a colored plan, she explained that the driveway on Congress Avenue is placed as close to the
property line as is permitted by code. With the traffic flow in the direction toward the drive-
through service lane for McDonald's or other parking areas, there is 29'-11" between the
curbing of the pump island to the landscaping. The pump islands cannot be shIfted any
further north due to the allowance for underground storage and for a car to be in the normal
filling position at each of the pumps.
6
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Chairman Dube inquired as to Amoco's bottom line position on the fifth pump island. Ms.
Cottrell explained that the site will be developed with four pump islands, but there may be
another appeal in the future for the fifth pump island.
With regard to the mansard roof, the applicant feels it is an architectural element which is
compat!b!e with the surrounding area and fits in nicely with McDonald's -corporate
architecture. The reason it is not extended all the way around is that it would give the
building a flat, boxy appearance. There was a very deliberate design decision made to have
the mansard roof extend for only a portion of the building. It covers approximately half of the
east and west elevations, the entire north elevation, but it is absent from the south elevation
with the exception of the weather protection over the drive-through windows. It breaks up
the uniformity and gives the building a sleeker appearance. The applicant feels it is more
aesthetically appealing from an architectural standpoint.
That is particularly true if the board decides to place the condition staff is recommendi.ng for
a mansard roof treatment on the canopies at the gas pumps. The mansard treatment around
the entire building and at the canopies will be very uninteresting. She displayed an elevation
of how the mansard roof on the canopies would look if staff's comments are followed. The
plan, as submitted, allows some of the corporate architecture to be kept. Because this is a new
type of facility, it needs to be readily identified by the customer.
Chairman Dube questioned whether Ms. Heyden had seen the photos being displayed by Ms.
Cottrell. Ms. Heyden responded negatively, but noted that the elevation showed staff's
recommendation relative to the tile on the canopies. Ms. Cottrell pointed out, however, that
the elevation was in contrast to staff's recommendation relative to the mansard roof around
the building. Ms. Heyden responded that she stil/ strongly believes that the canopy should
wrap all the way around the building.
Ms. Cottrell said the application is consistent with the code, but there is disagreement on
subjective items, particularly the architectural items. These decisions are made by the
corporations after a great deal of consideration. They feel they have clearly met the intent of
the code.
Mr. Wische favored the look of the building depicted in the photos Ms. Cottrell displayed.
Mr. Beasley agreed with that opinion.
Mr. Titcomb questioned whether or not there would be a major cost difference between the
proposal submitted, and the recommendations of staff. Ms. Cottrell responded affirmatively
and added that the cost would double.
7
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Mr. Beasley confirmed with Ms. Cottrell that the applicant would not have a problem with the
mansard on the canopy, they would like to have the fifth pump island, and they do not want
to put the mansard on the building. Ms. Cottrell explained that the fifth pump island is very
important. Because of the compromise being made by the applicant relative to the canopy
roof, they would like to see a retreat from staff's position on the roof treatment on the balance
of the building.
CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING.
Chairman Dube questioned whether or not this project had been addressed to Leisu~eville.
Ms. Cottrell said they have not spoken directly to anyone from Leisureville.
Barbara Grisdale, 2400 SW 19 Avenue, Unit #135, said her bedroom and living room face this
project. She is opposed to this project because she feels it will not enhance the neighborhood;
It will bring rodents, drugs and robberies to the area. It wi.1I be open late at night, and the
lights will shine in her windows.
Chairman Dube explained that there will be a gas station on this property regardless of who
develops it, and there is a tremendous amount of space between Mrs. Grisdale's home and
this corner parcel.
Josette Burke, 2040 SW 24 Circle, does not understand why Leisureville was not informed of
this project.
Chairman Dube explained that there are signs posted on the property announcing this
proposed development and this public hearing was announced in the newspaper. Only the
residents within 400' of the project are required by law to receive notice.
Mrs. Burke said her pool is directly behind a 5' wall. The wall can be jumped by anyone, and
she does not feel this is a good idea.
Chairman Dube stated that this project is not being built against the wall. There is quite a
distance between this project and the wall. As a matter of fact, there is room between this
project and the wall for an additional project in the future.
Jane Earl, 1975 SW 24 Circle, said she has been in this area for 20 years. When she was
interested in purchasing in Leisureville, she was warned by a realtor against buying there
because there were future plans to turn the entire area commercial. She feels the community
needs someone to protect them.
8
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Chairman Dube pointed out that he has been in this area for 40 years and the zoning of this
area has not changed in all those years.
Mrs. Earl said she is very displeased because the traffic on Woolbright Road is already
unbelievable. There are no children in her area and she does not think older people will
patronize McDonald's.
Joan Wilson, 2400 SW 19 Avenue, #134, is across from the 6' wall. She questioned why this
property cannot be developed with a project which is closed at night or only. conducts
business for a few hours a day.
WITH NO ONE ELSE WISHING TO SPEAK, THE PUBLIC HEARING WAS CLOSED.
Ms. Cottrell explained that there is an approved plan for a gas station on this site. If this plan
does not go through, there is another plan which will go through. The applicant feels this plan
is an improvement. The project has been oriented so that the activity will be focussed toward
the street. There is sufficient space separation and the landscape buffer will mitigate any
impacts on the community.
Ms. Cottrell said there would be several housekeeping items related to the staff conditions.
The one condition which is separate from a housekeeping item is the condition related to the
recommended color and treatment of the roof-mounted equipment. Staff has recommended
that the roof-mounted equipment be painted and texture-surfaced to match the building. The
applicant feels this is unnecessary since all of the equipment will be screened by the parapet
walls. There is no purpose to putting a textured surface on metal equipment and the cost
would be prohibitive. The applicant would like this condition eliminated. The applicant is
not opposed to painting it.
Chairman Dube asked Ms. Cottrell if the applicant agrees with the following:
1. To accept four pump islands at the present time;
2. include the mansard roof on the pump islands; and
3. leave the main building as presented.
Ms. Cottrell confirmed that this would be an acceptable list of conditions.
Ms. Heyden displayed a location map and pointed out that there is a distance of
approximately 350' between the south property line of McDonald's and the north property
line of the residential. In addition, there is a median on Woolbright Road which extends even
further east of this parcel. No left-hand turn can be made out of this parcel onto Woolbright
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Road. Patrons will have to use the Congress Avenue entrance. In addition, with regard to the
roof design on the main building, it is necessary to include that comment because the
Community Design Plan requires that all facades of the building facing a public right-of-way
or that are visible from a public or private right-of-way be designed as attractive in appearance
as the front of the building. Ms. Heyden feels the McDonald's roof shape is a trademark. No
one will mistake the golden arches on the tile roof.
Motion
Mr. Beasley moved to approve this project with four pump islands, leave out the fifth future
pump island, with the stucco and tile canopies over the pumps, and leave the building as is
rather than with the mansard roof. Mr. Wische seconded the motion.
At the request of Chairman Dube, Mr. Beasley repeated the motion to approve the project with
four pump islands and not the fifth, with the Spanish 115" tile canopy over the pumps, and with
the building as submitted, subject to all remaining staff comments. Mr. Wische seconded the
motion.
Vice Chairman Golden stated that at first, he had strong feelings in favor of staff regarding the
fifth pump island issue. However, after looking more closely at this issue, there is 3D' from
the southern-most pump island to the property line. If a car is parked on the south side of the
pump island, that would still leave adequate access next to the car. Vice Chairman Golden
concurs with the mansard roof. With regard to the lighting issue, Vice Chairman Golden feels
the Community Design Plan contains very vague language as to what is allowed.
Mr. Titcomb referred to the 3D' issue on the south end of the proposed pump island. He said
the blueprint shows only 15'-5" if a car is parked in that location. That would result in a
distance which is less than that required for two-way traffic on that corner. Ms. Cottrell
explained that there is 29'-11" from the south end of the curbed concrete island to the curbing
at the edge of pavement for the driveway. That allows sufficient room even with a car at the
.
south pump island.
Chairman Dube restated the motion to approve the conditional use with four islands, the
canopy with mansard, leave the building as submitted and subject to all remaining staff
comments. Ms. Heyden said the motion includes all staff comments with the deletion of
Comment #11.
Ms. Cottrell requested that the board address the applicant's request to eliminate the textured
surface roof-mounted equipment. (Comment #13) Ms. Cottrell explained that the applicant
has reached an agreement with staff regarding the ground-level equipment. The equipment
10
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
will be screened with landscaping and fenced. Everything on the roof will be screened by the
parapet. Nothing will be seen from ground level. Ms. Heyden explained that the rooftop
equipment cannot be screened with fencing, and the screening must be part of the final plans.
The rooftop equipment must be screened for a distance of 600'. Ms. Cottrell confirmed that
the equipment will not be visible at a distance of 600'. Ms. Heyden stated that at permit time,
staff will make sure the parapet screens the rooftop equipment.
Chairman Dube reiterated that the motion includes all staff comments with the exception of
the roof of the building.
The vote was polled and the motion carried 6-1. (Vice Chairman Golden dissented because
of the roof.)
Motion
Vice Chairman Golden moved to amend the agenda to move up Item 7-B.1 to follow Item
7-A.1. Mr. Wische seconded the motion which carried unanimously.
B. APPEALS
COMMUNITY DESIGNJ~lAN
1.
Project Name:
McDonald's/Amoco Restaurant and Service
Station/Convenience Store
Robert E. Basehart & Anna Cottrell
Basehart & Cottrell, Inc.
RFK Enterprises of Boynton Beach, Inc.
Southeast corner of Congress Avenue and
Woolbright Road
Request for a community design plan appeal to
allow lighting strips to be placed along the
proposed mansard roof.
Agent:
Owner:
Location:
Description:
Dan DeCarlo, Assistant Planner, reminded the members that this is a new type of convenience
market oriented toward the traveling public and the residents and businesses in the area. The
proposed building will be comprised of a 2,378 square foot restaurant and a 1,053 square foot
convenience store/gasoline station within a single-story building.
Chapter 9, Section 10, Subsection F, of the Community Design Plan states the following:
11
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
e
Lighting shall not be used as a form of advertising in a manner that draws more
attention to the building or grounds at night than in the day; and
lighting attached to the form of the exterior of the building or part of the
building exterior or visible from the exterior of the building shall not be
permitted if it is contrary to the architectural style of the building.
The applicant states that the request for the appeal is due to the fact that the lighting proposed
is part of the architectural theme of the building and does not function as lighting or signing.
The applicant believes the lighting proposed on the north, south, and west functions as an
accent feature which enhances the aesthetic appearance of the building.
It is staff's recommendation that the proposed lighting on the mansard roof is contrary to the
intent of the Community Design Plan standards. The multiple vertical lighting beams detract
from the Spanish roof tile and architectural design of the building. The fact that the applicant
intends to leave the lights on during all hours of operation, magnifies the degree of visual
impact the lighting would pose on the surrounding neighborhoods. This lighting would be
contrary to the work which has been done and the progress that has been made over the past
years in implementing quality de~elopment plans and beautification efforts along Congress "
Avenue. In addition, the existing McDonald's within the Catalina Center on North Congress
Avenue conforms with the architectural design of its immediate vicinity and does not have the
lighting now proposed for this location. Therefore, based on these reasons, staff recommends
denial of this appeal for the roof line lighting proposed.
Ms. Cottrell explained that this appeal is necessary because this proposal is for lighting
accents. The reason this was not done at the Catalina Center is that the center was already
established. The new building had to blend with what was already existing. In this situation,
there is no established architectural theme. McDonald's has offered not to light these strips
if they are permitted to leave the strips as an architectural feature. Ms. Cottrell explained that
even if the strips were lighted, they are not objectionable. They are not another form of
advertising or signing, but they are part of the corporate architecture. If the strips can be left
as architectural features, but not be lighted, the Community Design Plan appeal can be
withdrawn. This feature only appears on the portion ofthe roof with the mansard tile.
Vice Chairman Golden confirmed with Ms. Cottrell that the applicant was withdrawing the
appeal.
Ms. Heyden advised that without the lighting, the appeal is not needed; however, her opinion
changes because her recommendation would have been made under the conditional use
approval. Ms. Heyden feels this structure on the roof is incongruous with the type and shape
"
,
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
of roof. She recommends that if the lighting is dropped, they should also drop the request for
the beams.
Ms. Cottrell explained that the applicant would prefer the lights; however, the purpose of the
beams is to bring the architectural features together. There is harmony between signage and
the building treatments. The lighting is not objectionable and con~titutes only a small portion
of the facade. However, if the objection is that this is a form of lighting, additional advertising
or signage, the applicant will drop the request for lighting if they can keep the beams as part
of the roof feature.
Vice Chairman Golden pointed out that the features are shown as blue rather than white. Ms.
Cottrell stated that it was designed to be white to provide a contrast; however, the features are
typically aquamarine in color. The applicant is not "hung up" on the color.
Chairman Dube advised that he would vote in favor of an amended motion to give the
applicant the roof treatment, but he would vote against the appeal for lighting.
Amended Motion
r
Mr. Beasley amended the motion under the conditional use to include the roof treatment
without lights. He did not wish to specify a color. He felt staff should work out an acceptable
color. Mr. Wische seconded the amended motion which carried unanimously.
In response to a question from Ms. Heyden, Chairman Dube reiterated that the motion was
for approval of the conditional use including all of staff's recommendations with the exception
of the mansard roof on the building. That motion was amended to include the accent beams
without lights.
Ms. Heyden requested that the board make a determination on the color of the accent beams.
Discussion ensued on this issue. Ms. Cottrell explained that the applicant is willing to meet
with staff prior to the City Commission meeting on this issue. She would like an opportunity
to have the architects respond to the issue of color.
The members were in agreement that the accent beams are to blend with the roof.
Amended Motion
Mr. Beasley amended the amended motion to include that the color not be lighter than the
stucco or darker than the terracotta roof.
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
~
Ms. Cottrell explained that there are vendors McDonald's works with. Because they might not
be able to exactly achieve a color recommended by this board, she would like the opportunity
to leave this item up to the architect to work out with staff prior to the City Commission
meeting.
Chairman Dube explained that the board's remarks will be duly noted in the minutes. and the
CommIssion will understand the board's feeling on this Issue. Mr. Beasley recommended that
the applicant provide samples of the colors at the City Commission meeting.
ABMlDD1-IIMENI
2.
Project Name:
Agent:
2000 S.W. Golf Lane
Deborah l. Bizzarro
Mullen & Bizzarro, PA
Mary Miller, Trustee of the Louis G. Schnitzer Trust
2000 S.W. Golf lane
Request for ,abandonment of a portion of a five
foot wide utility easement.
Owner:
Location:
Description:
,
Mike Haag, Zoning and Site Development Administrator, made the presentation. This
property is located in an R-1-M, single-family residential zoning district. The existing home
at 2000 SW Golf Lane encroaches a portion of the utility easement. This portion is a very
small piece of property. This abandonment request has been submitted in order to allow the
closing on the sale of the property. The City's Utility Department has no objection to the
abandonment. The only utility having a concern was Southern Bell. Their concern was that
if there are any Southern Bell lines within the area, they will not relocate them. No other City
Departments had any objection to this request.
Staff recommends approval of the abandonment of that portion of the utility easement shown
and described in Exhibit liB" including the comment from Southern B~II identified in Exhibit
"C". This approval is also subject to the City Commission's adoption of the resolution
finalizing the abandonment and recording same with Palm Beach County.
THE APPLICANT WAS NOT PRESENT FOR THE MEETING.
Motion
Mr. Wische moved to recommend that the request for abandonment of a portion of a five foot
wide utility easement on 2000 SW Golf Lane be approved subject to staff comments. Mr.
Elsner seconded the motion which carried 7-0.
,
14
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 15, 1995
5. Employee of the Mont - July 1995
Mayor Taylor and City Manager P er
Month for July 1995 for going above
throughout ~ City.
Ms. Muqaj thanked'
work with. Everyone h
them to change over this la
reciated employees who go the extra mile
V. BIDS
'"
None.
VI. PUBLIC HEARING
Attorney Goren swore in those who would be presenting testimony this evening with regard to
Items VI and VIII.
A.
Project Name:
Base
RFK
Southeast
Road
Conditional Request for conditional use approval to
construct a 3,43 quare foot building for a
combination gas stati Iconvenience store with drive-
through restaurant 0 .0002 acre lot
McDonald's Amoco Restaurant and Service
tion/Convenience Store
E. Basehart and Anna Cottrell
& Cottrell, Inc.
rises of Boynton Beach, Inc.
mer of Congress A venue and Woolbright
Agent:
Owner:
Location:
Description:
Elevations were displayed and referred to throughout these pre
planner, represented this application. This is an application on be
ions. Anna Cottrell, a
f of McDonald I s and
13
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 15, 1995
.III
Amoco for a new type of facility to be located at Woolbright Road and Congress Avenue. It is
a facility that combines those two users into one building which will have some cross access
between the two portions of the building. It will have a retail gasoline operation in addition to
a convenience store and a McDonald's food store. Ms. Cottrell said she reached agreement
with staff on virtually all the elements related to the conditional use approval and comes to the
City COITL'!l.'nission with a recommendation of approval from the Planning and De....clopment
Board. She said there were a couple of issues that she had to work out with the Planning and
Development Board regarding the appearance of the building and the intensity of the use.
Initially, the application had a request for four pump islands for Amoco and one island to be
added in the future. Staff had some concerns with the proposal for the fifth pump island. It
would have been her choice to have left that in as part of the application tonight. She would
like to bring that back in the future as a site plan modification when she can present evidence
of how that will work after this facility is built and operational.
The other issue concerned the appearance of the building. The Planning and Development
Board suggested that the color of the roof beams be white. She reached a compromise with
staff wherein there will be additional roof treatment on the canopy above the pump island that
will be similar to the roof treatment on the actual building. Roof beams will be attached.
They will be the color of the lightest tile within the mansard barrel tile roof.
..",.,
Ms. Cottrell said the facility will be very pleasing in appearance and will be an enchancement
to this particular area. It has two users who are good corporate citizens and are very much
interested in meeting the standards that have been established by the City. Ms. Cottrell stated
that this facility will also offer an economic benefit to the City.
Tambri Heyden, Planning and Zoning Director, said there are 12 standards in the zoning code
that have to be evaluated when considering conditional use approvals. With regard to ingress
and egress to the site, there is a two-way driveway on Congress A venue and a two-way
driveway on Woolbright Road. There is a median on Woolbright Road which extends beyond
the property line. Therefore, with respect to the pump island, traffic is going to concentrate
on Congress Avenue. Upon exiting the site, mostly likely, people will not go out Woolbright
Road and make a U-turn. They will cross over the pump islands and exit on Congress
Avenue. With the exception of the rear, the access is two way.
Using the overhead projector, Ms. Heyden pointed out the location of the drive-through
window, the drive-through lane, parking, the pump islands, and the cross access to serve the
parcel to the south. This property was subdivided from the hardware store that was razed in
14
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CITY COMMISSION
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AUGUST 15, 1995
the rear. The level of service problems that will probably be a concurrency issue will be
addressed at the time of widening of Woolbright Road. She pointed out the location of the
loading zone. She said it has been improved with the resubmittal. It works well and is
acceptable to the Engineering and Public Works Departments. She also pointed out the
dumpster location and advised that it works well for the Public Works Department.
Utilities are already available to the site and a private lift station is proposed. The applicant
will provide the landscape materials that are required by the code, subject to staff comments
being met. There will be one freestanding pole sign for the site. The sign will be 20 feet
high, which is consistent with the sign code. A Community Design Plan appeal had been
requested for lighting along the roofline. That lighting was deleted by the applicant.
With regard to general compatibility with adjacent properties, staff made some comments
regarding the architecture of the building. Ms. Heyden said the applicant covered some of
those issues. She advised that the applicant has agreed to add an awning to the canopy similar
to the roof that is on the main building. However, staff is still of the opinion that this roof
needs to be extended around the entire building so that you do not have a roof of this shape on
one portion of the building and a flat roof right next to it. The Community Design Plan
requires that all sides of the building that are visible from public and private streets be
designed as attractively in appearance as the front of the building. Ms. Heyden believed that
in order to be consistent with the Community Design Plan, the roof needs to be extended.
The proposed building is single-story and 16.92 feet high, which is consistent with the
buildings in the surrounding area. Staff feels there will be no negative effect with regard to
the economic effects of the adjacent and nearby properties. The nearest residential property is
within 300 feet. There are some multi-family units south of the project. However, the
undeveloped portion of the old razed hardware store is in between them.
Ms. Heyden advised that the Planning and Development Board unanimously recommended
approval of this request, subject to staff comments, with the exception of the extension of the
roof. Their recommendation for approval included the deletion of the fifth pump island. They
felt that was not a safe location for the fifth pump island because there is a two-way driveway
close to this island and there would be activity from the cross access and the drive-through
lane and cars would be backing out. Ms. Heyden said the applicant is willing to delete that
pump island.
15
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1995
Commissioner Rosen said this site will be a new concept, and therefore, they should design a new
menu board. There will be a tremendous amount of confusion with a gasoline station, carry-out,
restaurant and restroom. Commissioner Rosen recommends that by eliminating the illustrative center
section of the sign, the menu board will be very close in size to the requirements of the Code, and
would be a better-looking sign. Commissioner Rosen will vote against this request.
Commissioner Jaskiewicz does not have a problem with the sign being slightly larger with regard to
the lettering, but does not feel the illustrations are necessary.
Mayor Pro Tem Matson reviewed the building official's memorandum of September 14, wherein he
states that the sign ordinance has been in place since before 1988, and many of the newly-approved
projects were held to the standards of that ordinance. In addition, changing the law to accommodate
a particular complainant is now sound public policy when a variance procedure is in place.
Vice Mayor Bradley recommended that the applicant eliminate the pictures from the sign.
Mr. Bridgman explained that the photos identify certain packages offered by McDonald's. This
facilitates the drive-through concept because it allows the customer to order by item number. This is
a standard throughout the industry.
Mr. Bridgman further explained that in discussions with staff, the applicant was 1 Y2 square feet under
the administrative process for the standard 5' x 7' menu board. This did not take the exclusion of
pictures into consideration.
Commissioner Jaskiewicz felt that the other McDonald's sites throughout the City were larger and stood
alone. This is a smaller, combination site, and a 5' x 7' sign is very large.
Mr. Bridgman said the applicant is attempting to provide a menu board which is easy to read. The sign
will be located behind the building and will not be seen from the roadway. This combined use is
approximately the same size building as currently exists on Woolbright Road.
Consensus
There was a consensus of the Commission not to amend the Sign Code for the fast-food
drive-through menu board.
2. Set Date for Workshop Meeting
There was agreement among the Commission to hold this meeting on Thursday, October 26, at 4:00
p.m. The topic of discussion will be the Appearance Code.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
28
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CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 15, 1995
the mansard roof and extends about four feet above the roofline. Therefore, the equipment is
hidden from view and the building does not give an appearance of a flat roof.
Ms. Heyden said "flat roof" technically is the wrong terminology. She explained that it is not
a flat roof. There is no peak or roof on it. It is just a parapet. She said the elevation does not
show a realistic view.
City Manager Parker said she received a call this afternoon advising her that there was a
problem with the size of the drive-through sign. This was not covered in staff comments nor
was staff aware of it. She asked Ms. Cottrell if she has a problem with the size of the drive-in
window sign where the menu board is located. Ms. Cottrell said she and the applicants met
with the Building Official and one of his assistants this afternoon and went over the
calculations for the required signage (wall signage, menu boards, and the pole sign). The
applicants have to make some adjustments and understand they will have to come into
compliance with the code in all respects or seek a variance. They anticipate that the wall
signage will be reduced to comply with the code. The only problem they have is with the size
of the menu board because McDonald's does not have a manufacturer that can make a menu
board only 25 square feet in size. McDonald's will make a decision whether to seek a
variance or engineer a new cabinet, which is a very expensive and time consuming process.
However, everything else will be consistent with the code. Ms. Heyden said the applicants
would have to seek this variance through the Board of Adjustment and the applicant is only
allowed a certain percentage above and beyond the size permitted by code.
Mayor Pro Tern Matson asked if the other two McDonald's in the City have the same
problem. Ms. Cottrell said they have standard McDonald's size signs. She said they were
built prior to the time the sign code was changed.
Mr. Richmond will try to reduce the cabinet size to coincide with the wishes of the Board. He
was willing to put up a temporary menu restricting the number of items available until the
code can be complied with.
Barbara Grisdale, 2400 S.W. 19th Avenue, #135, said her unit faces the garbage dump, the
menu, and the drive-through. She asked if landscaping can be added so she does not have to
see these things. She also expressed concern that the walk-in customers will litter the area and
that crime, drugs, and prostitution will increase.
Bruce Dunkoff, 2400 S.W. 19th Avenue, #139, said his back door also faces these things.
17
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CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 15, 1995
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Joan Wilson, 2400 S.W. 19th Avenue, #134, said there used to be an ordinance that stated that
gas stations could not be within 1,000 feet of each other. Also, she pointed out that
Leisureville is located in this area and she did not think many senior citizens would frequqent
McDonald's. She suggested putting McDonald's in a family-oriented area rather than a
retirement community.
Ms. Cottrell advised that the closest residence to this project is more than 350 feet away. The
plan meets or exceeds all code requirements, including landscaping. There will be a perimeter
landscape buffer. The proposed buffering, the spacious separation, and the fact that cars will
be entering and exiting the site only on arterial roads (there is no access to local streets)
provides the protection that the code intends for residential areas. This has been a
commercially zoned piece of property for a very long time. She was not aware that it was
ever not zoned commerical. This development plan meets the locational criteria for gas
stations. Actually, it will supersede the previous approval that is still in effect for a gasoline
station. She felt that visually and in terms of impact, it is an improvement over the previously
approved plan.
Commissioner Jaskiewicz asked if there is any possibility of relieving the residents' concerns
by putting a wall and landscaping on the south side. She stated that a precast concrete wall is
inexpensive compared to a cinderblock wall. Ms. Cottrell said you get more negative affects
than positive effects with those types of structures. They become magnets for graffiti and
reduce the air flow and the visual connection with other commercial development that may go
next door. She reiterated that the spacious separation and proposed landscaping is going to
provide the buffering the residents need.
."""
City Manager Parker pointed out that there is another parcel between this parcel and the
residential development. Ms. Heyden concurred that there is the remainder of the hardware
store parcel and another parcel before you get to the villa project. A wall will have to be
constructed by whoever develops this parcel. Commissioner Jaskiewicz felt the landscaping
should be dense enough to shield the view until something goes in there. She asked what type
of landscaping will be used. Ms. Cottrell advised that Laurel Oak and Live Oak trees will be
used, as well as some ornamentals and Silver Buttonwood. Primarily, the hedge material
consists of Wax Mertle which, if allowed to grow, presents a fairly dense hedge. This is
within a ten foot landscape strip. Also in response to Commissioner Jaskiewicz, Ms. Cottrell
advised that there will be a sidewalk along Congress Avenue and Woolbright Road, but not
along the back.
18
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CITY COMMISSION
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AUGUST 15, 1995
Commissioner Jaskiewicz said at the Planning and Development Board, there was a suggestion
about moving the driveway. She asked if the new plans accommodate this suggestion. Ms.
Cottrell said the driveways are being moved in either direction as far as possible. There is a
minimum separation on both the south and east sides. Therefore, the driveways are at the
maximums and the minimums that staff had recommended. Commissioner Jaskiewicz asked if
they are wide enough to enter and exit frC'm Congress A venue. Ms. Cottrell answered
affirmatively.
Commissioner Jaskiewicz thought the roofline on the station was lower. She asked if the
mansard roof continues along any part of the station other than over the pumps so you get the
appearance of an unbroken line of the mansard. Ms. Cottrell and Mr. Richmond answered
affirmatively. Mayor Taylor pointed out that the applicant contends it will look like it
continues. However, staff does not believe it will look that way, depending on what angle you
are looking at it. Commissioner Jaskiewicz asked Ms. Heyden if the angle that disturbs her
the most is to the rear. Ms. Heyden said the elevation the applicants referred to is the west
elevation (Congress Avenue). That is the side of the building where the pump islands are
located. If you were to look from the south driving north on Congress Avenue, or if you were
driving on Woolbright Road, you are going to see the building, not the pump island, and
whatever portion of the building does not have the roof extended around it.
Mayor Taylor said if you are on Woolbright Road and look at McDonald's (the side that has
the entire roof), your eye will be drawn to the roof and you would have to look past the roof
to see the parapet. If you are far enough east of it, you could see that the roof ends
somewhere along the east side. However, if you are looking dead onto it, it looks like it is an
entire building with a roof. Commissioner Rosen said from where he comes from, you will
see an empty space.
Mayor Pro Tern Matson said she has never gone somewhere to get something to eat or fill up
her car with gas and made a point of looking at the mansard to see if it continues all the way
around to the back of the building.
Ms. Heyden referred to the south side that you see while driving north on Congress A venue,
and was of the opinion that looks like the rear of a building.
Commissioner Rosen said all the other McDonald's are completely mansard roofed and he
would hate to see the mansard roof not continued on Congress Avenue. He said it looks like
an extension of the men's and ladies' room. Mayor Pro Tem Matson pointed out that there is
19
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CITY COMMISSION
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AUGUST 15, 1995
--
going to be another project between that roof and where he is coming from, so he will not to
see that anyway. Commissioner Rosen believes the code calls for a full view on the major
highway of the rooftop.
Vice Mayor Bradley was pleased that the fifth island is being deleted because it seems like a
traffic jam potential. He understands McDonald's need for a corporate image. He thinks part
of the problem is if you wrap the mansard roof all the way around the pump islands, it will
look strange. He thinks staff is concerned that there be some way to give the roof over the
pumps a little more depth. Ms. Cottrell said that was a compromise reached at the
recommendation of the Planning and Development Board. It is an added feature that was
initially proposed as a typical wraparound metal facade with the Amoco colors and the addition
of the mansard roof treatment around all four sides of the canopy. The addition of the roof is
not just a matter of maintaining some corporate identity. It is also important architecturally.
She felt uniformity is not always best and, in fact, can deflect from any architectural interest.
She pointed out that there is no established characteristic or typical building appearance in that
area. She did not feel that the portion of the roof that is in question is one that is going to add
anything to the appearance of the building and, in fact, will detract from it because of the
uniformity of it. The extension of the parapet wall above the roofline has a color accent on it ""'"
that brings a little more architectural interest. The cost is an issue as well.
Mr. Richmond added that in 1994, he did not build any buildings in South Florida with a
continuous parapet roof. The building style has changed over the years and this is a brand
new prototype joint venture between McDonald's and Amoco and he would like to build the
first one in South Florida in the City of Boynton Beach.
Commissioner Rosen found it unusual that we call uniformity unattractive. He stated that
besides traffic flow, there is a design problem. He said there would be a bare wall on three
sides and he did not think this would be attractive.
V ice Mayor Bradley asked about the demographics pertaining to McDonald's in retirement
communities. Mr. Richmond advised that McDonald's caters to senior citizens and offers
certain discounts. McDonald's is a family-oriented business which includes senior citizens. In
addition, McDonald 's trys to employ senior citizens and the younger generation.
Mayor Pro Tern Matson pointed out that every morning many of the senior citizens from
Sterling Village and Colonial Club gather at the McDonald's on Federal Highway for
breakfast.
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CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 15, 1995
Mayor Taylor asked who has the overall authority if there is a problem. Mr. Richmond stated
that Amoco will be purchasing the property and McDonald's will be leasing from them.
Mayor Taylor felt the citizens' concerns about the view will dissipate when the landscape goes
in. In addition, a large parcel separates them from this project. With regard to the comment
about walk-in customers throwing trash on the ground, ~Aayor Taylor stated that most of the
McDonald's he has been to maintain their facilities quite well. He was completely against the
fifth pump. With regard to the roof, he thinks this is a unique design where we are combining
two different establishments. The pumps seem to be lined up right and the people will
probably be exiting on Congress Avenue. He thinks it will work.
Commissioner Rosen felt we are taking something that was developed for the beautification of
the City and tearing it apart. He felt we should be consistent. He said this is a serious
problem of inconsistency.
Mayor Taylor did not see any inconsistency. He said McDonald's is covering their roof with
what they always do and the other portion of the business is a parapet wall. He said beauty is
in the eye of the beholder. He did not have a problem with the parapet wall. He thinks it can
be done correctly.
Vice Mayor Bradley asked how this McDonald's compares with the traditional McDonald's in
terms of seating and size. Mr. Richmond said it is slightly smaller. There are approximately
50 seats. Some of the other McDonald's have as many as 70 to 100 seats.
Commissioner Rosen stated that hopefully the patrons will enter from Congress A venue, go
around to the menu window and then exit the site onto Woolbright. However, if they want to
continue on Congress Avenue, there is a good possibility they might try a shortcut by going
around the gas pumps and out. He asked what the distance is between the gas pumps and the
west hegde. Ms. Cottrell said the distance between the back of the curb protecting the
landscaping and the fuel pump is 35' 4". Commissioner Rosen felt this is tight. He asked
about the possibility of having an egress for Woolbright Road to avoid cars turning around.
He stated that the parking for McDonald's is on the left side, so cars might back up there
trying to get onto Congress Avenue. Ms. Cottrell stated that because there are two different
users that may have different peak hours, she wanted to make sure that the traffic circulation
worked. She advised that the driveway isles meet or exceed the code requirements in all
respects. She felt there was a logical traffic flow through the site and that there are very few
areas within the site where there is any potential vehicular conflict. In addition, they have
21
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CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 15, 1995
.I
been minimized to the maximum extent possi
end of a car at a normal fueling position and
room to maneuver around. There is no pla~
through traffic and backing up motions. /
/
: There is at least 30 feet between the rear
e landscape island. Therefore, there is a lot of
ithin the site where there will be problems with
Commissioner Rosen asked if this proj t will precede the extension on the building of the
three lanes on Woolbright Road. Mr:" 'chmond answered affmnatively. He said he spoke to
Harvey Lopez of Palm Beach Coun~ d we are about a 30 day window ahead of them. They
are starting the east end of the p .' ct fIrst, so we will complete construction prior to them
reaching our part of their pro]..c
Motion
r--
Mayor Pro Tern Matson mQved to approve the McDonald' sl Amoco Restaurant and Service
StationlConveniencerStore.lm Congress Avenue and Woolbright Road subject to staff
comments and recoIlUllendations, but deleting comment number 11 which is the accent band
and top band sho~n on the roof. Vice Mayor Bradley seconded the motion which carried 4-1.
Commissioner Rosehcast the dissenting vote. .."",
B. Project Name:
Agent:
Ms. Heyde ised that this is a equest to ab a porti of a utility easement. The
existing ho encroaches the ease nt. 0 one comment received, and it was from
Southern Bell. However, it is not a ent that needs to be a essed. Therefore, on the
agenda there is a resolution to fina . e approval of this abando
Vice Mayor Bradley aske . we are likely
advised that this is ju unique case in this
den said, "No." She
22
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
--=1--.
SEPTEMBER 19, 1995
matching Luria's (having the same height) provides parity and will work to the benefit of the center.
Mayor Taylor confirmed with the applicants that the top line of the "Ross" sign will be at the same
height as the top line of the Luria's sign.
In response to Mayor Taylor's question, Ms. Heyden maintains that 48" is adequate for signage. She
feels a 5' letter height is very large, and Luria's sign is too big. She does not feel this is necessary.
Mayor Taylor agreed because he felt this sign would be larger than Luria's.
Commissioner Rosen feels that if they match Luria's and are aligned with that sign, it will look better. .
Eye appeal suggests that the signs be aligned and matched. Mayor Pro Tem Matson and Commissioner
Jaskiewicz agreed.
Motion
Mayor Pro Tem Matson moved to approve the appeal for "Ross Dress for Less" to change the building
facade as the new drawing tonight stipulated, and to approve the lettering at the same height and on
the same level as the "Luria's" for "Ross"; and the "Dress for Less" to be smaller and proportionate.
Commissioner Jaskiewicz seconded the motion.
Vice Mayor Bradley believes the 4' letters are the way to go. If all of the letters on all of the buildings
were exactly the same, he would vote for 5'. However, because of the signage underneath the name
"Ross", he feels 4' is the way to go. He will vote against this application.
Mayor Pro Tem Matson feels they should be uniform.
The motion carried 3-2. (Mayor Taylor and Vice Mayor Bradley cast the dissenting votes.)
IX. NEW BUSINESS:
A. Items for discussion requested by Mayor Jerry Taylor
1 . Amend sign code for fast food drive-through menu boards
Mayor Taylor advised that our Sign Code now calls for 25 square feet for menu boards. The sign at the
McDonald's on Federal Highway and other businesses throughout the City exceed that Code. He does
not have a big problem with the 5' x 7' sign McDonald's is proposing for their new location on
Congress Avenue. fy
1\ ~al-1)
ClarkBridgmaI4 representing McDonald's/~id the applicant has been before the various boards to
present their site plan. They have adhered to staff's recommendations particularly on signage and the
menu board. Mr. Bridgman has reviewed existing menu boards throughout the City and found the
existing menu boards are equivalent to McDonald's standard menu board. The 5' x 7' board is an
industry standard. He requested support from the City Commission to allow the use of this size sign
at the new location on Congress Avenue.
27
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1995
Commissioner Rosen said this site will be a new concept, and therefore, they should design a new
menu board. There will be a tremendous amount of confusion with a gasoline station, carry-out,
restaurant and restroom. Commissioner Rosen recommends that by eliminating the illustrative center
section of the sign, the menu board will be very close in size to the requirements of the Code, and
would be a better-looking sign. Commissioner Rosen will vote against this request.
Commissioner Jaskiewicz does not have a problem with the sign being slightly larger with regard to
the lettering, but does not feel the illustrations are necessary.
Mayor Pro Tem Matson reviewed the building official's memorandum of September 14, wherein he
states that the sign ordinance has been in place since before 1988, and many of the newly-approved
projects were held to the standards of that ordinance. In addition, changing the law to accommodate
a particular complainant is now sound public policy when a variance procedure is in place.
Vice Mayor Bradley recommended that the applicant eliminate the pictures from the sign.
Mr. Bridgman explained that the photos identify certain packages offered by McDonald's. This
facilitates the drive-through concept because it allows the customer to order by item number. This is
a standard throughout the industry.
Mr. Bridgman further explained that in discussions with staff, the applicant was 1112 square feet under
the administrative process for the standard 5' x 7' menu board. This did not take the exclusion of
pictures into consideration.
Commissioner Jaskiewicz felt that the other McDonald's sites throughout the City were larger and stood
alone. This is a smaller, combination site, and a 5' x 7' sign is very large.
Mr. Bridgman said the applicant is attempting to provide a menu board which is easy to read. The sign
will be located behind the building and will not be seen from the roadway. This combined use is
approximately the same size building as currently exists on Woolbright Road.
Consensus
There was a consensus of the Commission not to amend the Sign Code for the fast-food
drive-through menu board.
2. Set Date for Workshop Meeting
There was agreement among the Commission to hold this meeting on Thursday, October 26, at 4:00
p.m. The topic of discussion will be the Appearance Code.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
28
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FROM:
PLANNING AND ZONING DEPAR'!'MBN'I'
MEMORANDUM NO. 95-545
Al Newbold
Deputy BUilding OffiC1~
Michael E. Haag. ,e. /.
Zoning and Site D elopme t Administrator
TO:
DATB:
September 26,
SUBJECT :
Transmittal of Development Orders
Accompanyinq this memorandum you will find documents regarding
development plans that have received final determination.
1. project Name: McDONALDS/AMOCO
Type of Application:
Planning and Zoning
Department File No.: COUS 95-002
Staff Report and Comments:
Control Plans: Attached
Color Elevation Drawings: 2 sheets in P&Z files
Board of Adjustment Approval: N/A meeting minutes
Planning and Deveiopment
Board Approval:'
City Commission Approval:
Resolution No.:
Ordinance No.:
Conditional Use
26 pages
16 sheets
August
August
N/A
N/A
8, 1995
15, 1995
meeting minutes
meetinq minutes
MEH:arw
Attachments
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
9-
AUGUST 8, 1995
will be screened with landsca 'g and fenced. erything on the roof will be reened by the
parapet. Nothing will be en fromgroun eve!. Ms. Heyden explai that the rooftop
equipment cannot be scr ned with fend , and the screening must b art of the final plans.
The rooftop equipmen ust be scree for a distance of 600'. . Cottrell confirmed that
the equipment will t be visible at CJistance of 600'. Ms. Hey n stated that at permit time,
staff will make su the parapet s eens the rooftop eQuipme .
The vo was polled d the motion carried 6-1. (V, ce Chairman Golden dissented because
of th roof.)
comments with the exception of
Chairman Du e reiterated t
the roof of e building.
/
/
Vice Chair an Golden moved to amenclthe agenda to move up Item 7-8.1 to follow Item
7-A.1. r. Wische seconded the motion which carried unanimously.
APPEALS
COMMUNITY DESLGNJ!~
1.
Project Name:
McDonald's/Amoco Restaurant and Service
Station/Convenience Store
Robert E. Basehart & Anna Cottrell
Basehart & Cottrell, Inc.
RFK Enterprises of Boynton Beach, Inc.
Southeast corner of Congress Avenue and
Woolbright Road
Request for a community design plan appeal to
allow lighting strips to be placed along the
proposed mansard roof.
Agent:
Owner:
Location:
Description:
Dan DeCarlo, Assistant Planner, reminded the members that this is a new type of convenience
market oriented toward the traveling public and the residents and businesses in the area. The
proposed building will be comprised of a 2,378 square foot restaurant and a 1,053 square foot
convenience store/gasoline station within a single-story building.
Chapter 9, Section 10, Subsection F, of the Community Design Plan states the following:
11
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f
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Ms. Cottrell explained that there are vendors McDonald's works with. Because they might not
be able to exactly achieve a color recommended by this board, she would like the opportunity
to leave this item up to the architect to work out with staff prior to the City Commission
meeti ng.
Chairman Dube explained that the board's remarks will be duly noted in the minutes. and the
Commission will understand the board's feeling on this issue. Mr. Beasley recommended that
the applicant provide samples of the colors at the ,City Commission meeting.
2.
wner:
Lo ation:
Des ription:
2000 S. . Golf Lane
Deborah B izzarro
Mullen & B zarro, PA
Mary Miller, ustee of the Louis G. Schnitzer Trust
2000 S.W. Gol Lane
Request for aba donment of a portion of a five
foot wide utility e ernent.
Project Name:
Agent:
Mike Haag, Zoning and Site Development Administrator, m de the presentation. This
property is located in an R-l-M, ingle-family residential zoning istrict. The existing home
at 2000 SW Golf Lane encroach a portion of the utility easem t. This portion is a very
small piece of property. This aban nment request has been submi ed in order to allow the
closing on the sale of the property. The City's Utility Department as no objection to the
abandonment. The only utility having concern was Southern Bell. eir concern was that
if there are any Southern Bell lines withi the area, they will not relocate hem. No other City
Departments had any objection to this re est.
Staff recommends approval of the abandonme t of that portion of the utility asement shown
and described in Exhibit "B" including the com ent from Southern Bell iden .fied in Exhibit
"C". This approval is also subject to the City ommission's adoption of e resolution
finalizing the abandonment and recording same wi Palm Beach County.
THE APPLICANT WAS NOT PRESENT FOR THE MEET
Motion
Mr.Wische moved to recommend that the request for abandon nt of a portion of a five
wide uti I ity easement on 2000 SW Golf Lane be approved subj to staff comments.
Elsner seconded the motion which carried 7-0.
"
14
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REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
August 20, 1996
the department to communicate with other fire and EMS agencies during incidents which
require mutual assistance. The intention is to purchase eight portable radios that will be
able to provide direct communications to the following: Delray Fire Department, Palm
Beach County Fire Department, Ocean Ridge Public Safety, Village of Golf Security, Palm
Beach County MedCom, Palm Beach County interdepartmental fire channel, and the
Hospital Emergency Alert Radio channels (HEAR). The portable radios will be assigned
to each of the engine companies and the shift commander's vehicle. The terms of the
grant require that the City purchase the radios and then request reimbursement.
L. Approve purchase and installation of. velvet ride suspension for
vehicles 836 and 837 - Fire Department
As outlined in Fire Department Memorandum #96-506, Acting Chief Ness requests the
retrofit of ALS truck suspension on Vehicles 836 and 837. These vehicles have had
ongoing problems with the ride in the patient compartment since they were purchased four
years ago. At a recent EMS conference, Acting Chief Ness learned of a product sold by
B.F. Goodrich that has great success with correcting the suspensions of these types of
vehicles. Boca Raton and the Town of Palm Beach have experienced effective resolution
of the ride problems with their ALS trucks.
This item is a sole source product available only from B. F. Goodrich Equipment, and Palm
Beach Truck and Equipment is the only local authorized B. F. Goodrich installation center.
Because it is imperative to keep the down time of these units to a minimum, Palm Beach
Truck and Equipment will be utilized for the installation. They are located in Riviera Beach
and can perform the installation in less than three days.
Funding for this project is available from the salary surplus (111.00) account. That funding
will be transferred into the Trans-Vehicle Service Fund (973.00) account. The total amount
of the transfer will be $11,000.
Motion
Commissioner Tillman moved to approve the Consent Agenda with the exception of Items
C.6 and H. Commissioner Bradley seconded the motion which carried 5-0.
C.6. Proposed Resolution No. R96-126
McDonald's/ Amoco
Re: Release of surety for
Commissioner Titcomb reminded the Commissioners of two issues that have arisen
regarding this use. One issue deals with the problem of the delivery trucks not using the
desigf'lated delivery space. The truck parks across the handicap spaces to unload. The
second issue relates to the fact that the corner of the building in the drive-through area is
battered from vehicles hitting the edge of the building.
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REGULAR CITY COMMISSION
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August 20, 1996
Although this item is unrelated to the release of the surety I Commissioner Titcomb would
like these items addressed by staff to see if these problems can be resolved.
Commissioner Titcomb was a Planning and Development Board member when this project
was approved. Part of the stated purpose of the approval of this new concept was to look
at it as a test site situation. Some of the concerns expressed at the time are surfacing as
problems.
City Manager Parker advised that the delivery service vehicle situation would be an issue
to be addressed by the Police Department. With regard to the battered corner of the
building, the City can ask McDonald's to widen their drive-through lane.
Commissioner Titcomb explained that both of these issues are design issues. The radius
of the corner does not allow a large vehicle to turn without scraping the building. In
addition, the design of the delivery loading zone is such that it places the loading door
away from the restaurant site.
Mayor Taylor requested that staff investigate these two problems.
Motion
Commissioner Titcomb moved to approve Item C.S. Vice Mayor Jaskiewicz seconded the
motion which carried unanimously.
H. Approve one-year extension for the Dry Cleaning quote for Police Uniforms
for an additional year with Greentree Dry Cleaners
Commissioner Tillman questioned why a one-year extension of this contract is being
requested rather than going out for bid.
City Manager Parker advised that when the price remains the same, staff recommends an
extension of the contract for an additional year. This contract was bid last year, and
Greentree Dry Cleaners was the low bidder. The contract includes Terms and Conditions
which allow us to extend the contract if the vendor does not increase the prices. If the
Commission's desire is to go out for bid, it will be necessary to extend this contract for a
month or two to allow for bids.
Commissioner Tillman did not object to extending the contract for an additional year as
long as the Police Department was satisfied with the service being provided. He raised the
discussion because he wanted clarification on why we were extending rather than going
out for bid to give another company an opportunity to provide service to the City.
. .
City Manager Parker advised that Greentree Dry Cleaners is a business within the City
limits.
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PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
will be screened with landscaping and fenced. Everything on the roof will be screened by the
parapet. Nothing will be seen from ground level. Ms. Heyden explained that the rooftop
equipment cannot be screened with fencing, and the screening must be part of the final plans.
The rooftop equipment must be screened for a distance of 600'. Ms. Cottrell confirmed that
the equipment will not be visible at a distance of 600'. Ms. Heyden stated that at permit time,
staff will make sure the parapet screens the rooftop equipment.
Chairman Dube reiterated that the motion includes all staff comments with the exception of
the roof of the building.
The vote was polled and the motion carried 6-1. (Vice Chairman Golden dissented because
of the roof.)
Motion
Vice Chairman Golden moved to amend the agenda to move up Item 7-B.1 to follow Item
7-A.1. Mr. Wische seconded the motion which carried unanimously.
B. APPEALS
COMMUNITY DESLGNJ~~
1.
Project Name:
McDonald's/Amoco Restaurant and Service
Station/Convenience Store
Robert E. Basehart & Anna Cottrell
Basehart & Cottrell, Inc.
RFK Enterprises of Boynton Beach, Inc.
Southeast corner of Congress Avenue and
Woolbright Road
Request for a community design plan appeal to
allow lighting strips to be placed along the
proposed mansard roof.
Agent:
Owner:
location:
Description:
Dan DeCarlo, Assistant Planner, reminded the members that this is a new type of convenience
market oriented toward the traveling public and the residents and businesses in the area. The
proposed building will be comprised of a 2,378 square foot restaurant and a 1,053 square foot
convenience store/gasoline station within a single-story building.
Chapter 9, Section 10, Subsection F, of the Community Design Plan states the following:
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PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Lighting shall not be used as a form of advertising in a manner that draws more
attention to the building or grounds at night than in the day; and
lighting attached to the form of the exterior of the building or part of the
building exterior or visible from the exterior of the building shall not be
permitted if it is contrary to the architectural style of the building.
The applicant states that the request for the appeal is due to the fact that the lighting proposed
is part of the architectural theme of the building and does not function as lighting or signing.
The applicant believes the lighting proposed on the north, south, and west functions as an
accent feature which enhances the aesthetic appearance of the building.
It is staff's recommendation that the proposed lighting on the mansard roof is contrary to the
intent of the Community Design Plan standards. The multiple vertical lighting beams detract
from the Spanish roof tile and architectural design of the building. The fact that the applicant
intends to leave the lights on during all hours of operation, magnifies the degree of visual
impact the lighting would pose on the surrounding neighborhoods. This lighting would be
contrary to the work which has been done and the progress that has been made over the past
years in implementing quality development plans and beautification efforts along Congress
Avenue. In addition, the existing McDonald's within the Catalina Center on North Congress
Avenue conforms with the architectural design of its immediate vicinity and does not have the
lighting now proposed for this location. Therefore, based on these reasons, staff recommends
denial of this appeal for the roof line lighting proposed.
Ms. Cottrell explained that this appeal is necessary because this proposal is for lighting
accents. The reason this was not done at the Catalina Center is that the center was already.
established. The new building had to blend with what was already existing. In this situation,
there is no established architectural theme. McDonald's has offered not to light these strips
if they are permitted to leave the strips as an architectural feature. Ms. Cottrell explained that
even if the strips were lighted, they are not objectionable. They are not another form of
advertising or signing, but they are part of the corporate architecture. If the strips can be left
as architectural features, but not be lighted, the Community Design Plan appeal can be
withdrawn. This feature only appears on the portion of the roof with the mansard tile.
Vice Chairman Golden confirmed with Ms. Cottrell that the applicant was withdrawing the
appeal.
Ms. Heyden advised that without the lighting, the appeal is not needed; however, her opinion
changes because her recommendation would have been made under the conditional use
approval. Ms. Heyden feels this structure on the roof is incongruous with the type and shape
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PLANNING & DEVELOPMENT BOARD MEETING
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AUGUST 8, 1995
of roof. She recommends that if the lighting is dropped, they should also drop the request for
the beams.
Ms. Cottrell explained that the applicant would prefer the lights; however, the purpose of the
beams is to bring the architectural features together. There is harmony between signage and
the building treatments. The lighting is not objectionable and con~titutes only a smaU. portion
of the facade. However, if the objection is that this is a form of lighting, additional advertising
or signage, the applicant will drop the request for lighting if they can keep the beams as part
of the roof feature.
Vice Chairman Golden pointed out that the features are shown as blue rather than white. Ms.
Cottrell stated that it was designed to be white to provide a contrast; however, the features are
typically aquamarine in color. The applicant is not "hung up" on the color.
Chairman Dube advised that he would vote in favor of an amended motion to give the
applicant the roof treatment, but he would vote against the appeal for lighting.
Amended Motion
Mr. Beasley amended the motion under the conditional use to include the roof treatment
without lights. He did not wish to specify a color. He felt staff should work out an acceptable
color. Mr. Wische seconded the amended motion which carried unanimously.
In response to a question from Ms. Heyden, Chairman Dube reiterated that the motion was
for approval of the conditional use including all of staff's recommendations with the exception
of the mansard roof on the building. That motion was amended to include the accent beams .
without lights.
Ms. Heyden requested that the board make a determination on the color of the accent beams.
Discussion ensued on this issue. Ms. Cottrell explained that the applIcant is willing to meet
with staff prior to the City Commission meeting on this issue. She would like an opportunity
to have the architects respond to the issue of color.
The members were in agreement that the accent beams are to blend with the roof.
Amended Motion
Mr. Beasley amended the amended motion to include that the color not be lighter than the
stucco or darker than the terracotta roof.
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PLANNING & DEVELOPMENT BOARD
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APRIL 9, 1996
Mr. Rosenstock requested that Attorney Cherat be present for the meeting.
D. Joint City Commission/Planning and Development Board special
meeting for review of 1996 E.A.R. (Evaluation and Appraisal Report of
the 1989 Comprehensive Plan) to be held April 22, 1996, at 6:30 p.m., in
the Library Program Room
Ms. Heyden announced that this will be the second workshop meeting. The materials are
not yet available.
Ms. Heyden reminded the members that approximately two months ago, one of the
members mentioned the lights at McDonald's. McDonald's has agreed to reduce the
illumination levels under the canopy, although they have not yet done that. .
Chairman Dube welcomed the two new board members, and congratulated the members
who were reappointed.
7. OLD BUSINESS:
None
8. NEW BUSINESS:
A. PUBLIC HEARING
Conditional Use:
Description:
The Villager Pub at the Villager Plaza
Alexander K. Mitchell
Luisa Boss, Trustee
1403 W. Boynton Beach Boulevard (Bays 4 and
5)
Request for conditional use approval for a 1,750
square foot pub within the existing shopping
center.
1.
Project:
Agent:
Owner:
Location:
At Chairman Dube's request, there was no presentation by staff. However, the members
were given an opportunity to direct questions to staff.
Chairman Dube referred to last September when the Villager Pub made a submittal to
expand their facilities. He questioned whether the Villager Pub was a restaurant or a bar.
Mr. Haag advised that there was nothing identified on the submittal having to do with use.
It was a request to put a hole in a wall between two tenants.
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PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
of roof. She recommends that if the lighting is dropped, they should also drop the request for
the beams.
Ms. Cottrell explained that the applicant would prefer the lights; however, the purpose of the
beams is to bring the architectural features together. There is harmony between signage and
the building treatments. The lighting is not objectionable and con~titutes only a smaU portion
of the facade. However, if the objection is that this is a form of lighting, additional advertising
or signage, the applicant will drop the request for lighting if they can keep the beams as part
of the roof feature.
Vice Chairman Golden pointed out that the features are shown as blue rather than white. Ms.
Cottrell stated that it was designed to be white to provide a contrast; however, the features are
typically aquamarine in color. The applicant is not "hung up" on the color.
Chairman Dube advised that he would vote in favor of an amended motion to give the
applicant the roof treatment, but he would vote against the appeal for lighting.
Amended Motion
Mr. Beasley amended the motion under the conditional use to include the roof treatment
without lights. He did not wish to specify a color. He felt staff should work out an acceptable
color. Mr. Wische seconded the amended motion which carried unanimously.
In response to a question from Ms. Heyden, Chairman Dube reiterated that the motion was
for approval of the conditional use including all of staff's recommendations with the exception
of the mansard roof on the building. That motion was amended to include the accent beams
without lights.
Ms. Heyden requested that the board make a determination on the color of the accent beams.
Discussion ensued on this issue. Ms. Cottrell explained that the applicant is willing to meet
.
with staff prior to the City Commission meeting on this issue. She would like an opportunity
to have the architects respond to the issue of color.
The members were in agreement that the accent beams are to blend with the roof.
Amended Motion
Mr. Beasley amended the amended motion to include that the color not be lighter than the
stucco or darker than the terracotta roof.
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PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Ms. Cottrell explained that there are vendors McDonald's works with. Because they might not
be able to exactly achieve a color recommended by this board, she would like the opportunity
to leave this item up to the architect to work out with staff prior to the City Commission
meeting.
Chairman Dube explained that the board's remarks will be duly noted in the minutes. and the
Commission will understand the board's feeling on this issue. Mr. Beasley recommended that
the applicant provide samples of the colors at the ,City Commission meeting.
2. 2000~ . Golf Lane
Deb~~~~ Bizzarro
Mullen & B~arro, PA
Mary Miller, ustee of the Louis G. Schnitzer Trust
2000 S.W. Gol Lane
Request for aba donment of a portion of a five
foot wide uti I ity e ement.
wner:
Lo ation:
Des ription:
Mike Haag, Zoning and Site Development Administrator, m de the presentation. This
property is located in an R-1-M, ingle-family residential zoning istrict. The existing home
at 2000 SW Golf Lane encroach a portion of the utility easem t. This portion is a very
smal/ piece of property. This aban nment request has been submi ed in order to allow the
closing on the sale of the property. The City's Utility Department as no objection to the
abandonment. The only utility having concern was Southern Bell. eir concern was that
if there are any Southern Bel/lines withi the area, they will not relocate hem. No other City
Departments had any objection to this re est.
Staff recommends approval of the abandonme t of that portion of the utility asement shown
and described in Exhibit "B" including the com ent from Southern Bell iden 'fied in Exhibit
"C". This approval is also subject to the City ommission's adoption of e resolution
finalizing the abandonment and recording same wi Palm Beach County.
THE APPLICANT WAS NOT PRESENT FOR THE MEET
Mution
Mr.-Wische moved to recommend that the request for abandon nt of a portion of a five
wide uti I ity easement on 2000 SW Golf Lane be approved subj to staff comments.
Elsner seconded the motion which carried 7-0.
'-,
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