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AGENDA DOCUMENTS MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 ~ ~: ~~".-... " /: In response to Conmissioner Agufla, Mr. Fa~greed to put i/ right turn 1 anes. // /f". /' ~,__- Motion / /-!"/,, ,...,..r / , / / Commissioner Aguqa/moved to au~;~ze staff t,24ke this to th~4f~nning and Development Boar.d with a f~nd/~ of minor .mo~tfication. .~...ef/rring to the com- ments and reco,mendati ons s " forth in the. eptember 29.. " 4 Memorandum to Ms. ~ey~en from Michael ija 'g, the Zoninnd Site Devel, ment Administrator, Conmlssloner Aguila q.e}efed numbers 2 ,',15, 16(a), .d 17. He added the ver- bi age "i f, 'warranted~o item number ,'. Vice Mayo 'atson seconded the motion, which ~~rried 4-1. Conmissioner 'z cast the d senting vote. " I AT 9:00 P. M., MAYOR HARMENING DELCARED A RECESS. THE MEETING RESUMED AT 9:05 P. M. - Q f!JL(S B. Mi~i Subs - color selection and request to readdress driveway entrance <J Y.OO) David Daszkal, 5334 Buckhead Circle, Boca Raton, circulated color chips. Don Perlyn, Executive Vice President of Miami Subs, stated that Miami Subs has an image to maintain and a responsibility to its franchisees to insist upon cer- tain images being maintained. A key factor in the success of Miami Subs is its building. Surveys have shown that 68 percent of the people who ate at Miami Subs last year came to Miami Subs strictly because of its building. The appli- cant has already agreed to eliminate some neon and colors and is putting in barrel tile. Several exceptions have been made out of respect to the Commission. The color of the building is very significant. Neon and image are very significant. Mr. Perlyn said he cannot let the same color go on the building as is on the shopping center. The success of Miami Subs weighs heavily on its building image. If it is blended in with the shopping center any further, he has grave concerns as to the total potential success of the project. Motion After reviewing the color chips, Vice Mayor Matson moved to approve color chip #1115. Vice Mayor Matson would like to see the project move forward, but not to the detriment of the integrity of what has been approved in the shopping center. Commissioner Katz seconded the motion, which failed 2-3. Mayor Hanmening, Mayor Pro Tem Bradley and Commissioner Aguila voted against the motion. Motion Commissioner Aguila moved to approve Benjamin Moore color chip #1066. Mayor Pro Tem Bradley seconded the motion, which carried 3-2. Vice Mayor Matson and Commissioner Katz cast the dissenting vote. - 18 - It e e MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20. 1994 C. Project Name: Agent: Owner: Location: Miami Subs Grl1l "()L) American Architrave International (AJ5.1 ( __DD David Daszkal Northeast corner of Plaza Lane and Congress Avenue (outparcel "AM of Boynton Lak~s Plaza) Conditional Use: Request for,cond1t1onal use approval to construct a 2,934 square f~ot drive through restaurant. Description: Ms. Heyden stated that this request was made by David D(szkal for conditional use approval for a 2,934 square foot drive through rest"urant, to be known as Miami Subs Grill to be located on outparcel "AM of Boynton Lakes Plaza (the northeast corner of Plaza Lane and Congress Avenue). Although utilities, parking, drainage and landscaping for the outparcel were ,installed during construction of the main shopping center building, several changes to these improvements are necessitated to accommodate the drive through facility. It is important to remember that drive through facilities are not a penmitted use in this zoning district (C-3) unless the various Code standards for evaluating con- ditional uses can be met. These standards include site plan review, regardless of whether a parcel received site plan review previously. The standards of par- ticular concern with drive through facilities, as well as this drive through facility, are ingress and egress, parking and loading, refuse, buffering, and compatibility with adjacent properties. This outparcel does not have its own access. It relies on a cross access agreement with the shopping center. There are two entrances to the outparcel. One is off of Plaza Lane and the other is off .of Congress Avenue. The Engineering Department, the Planning and Zoning Department, and the Police Department recommend that the proposed outparcel entrance be closed because this ingress is within twenty-five feet o~the shopping center entrance off of Plaza Lane and this dr1reway is heavily used. There have been problems with cars as well as delivery trucks parking in that area and blocking access. In addition, due to the limited stacking area, it is anticipated that cars may back up into Plaza Lane, waittng to make a left turn into the outparcel. Staff believes that this ingress/efress, in connection with the drive through, would worsen the current situation. Of the two outparcel entrances proposed, this would be the one most used. Another concern is that a hairpin turn has been designed entering the drive through so that if a car enters the outparcel here and wants to enter the drive through lane, they would be making a hairpin turn, which, because of its radius, cannot be made in one maneuver. Staff believes that closing this entrance pro- vides adequate access to the outparcel and encourages safer traffic flow to it. I Regarding parking and loading areas, there are 66B parking spaces that would be available to serve this outparcel and the rest of the shopping center. This - 17 - \ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 outparcel has fifty-five parking spaces and is only required to have fifteen. A Board of Adjustment\ variance was granted to eliminate the loading zone. Due to the recommendation to close the access, the dumpster location will have to be relocated. I There is an existing six foot high site wall that borders the property on the south. - This project is located in the Spanish/Mediterranean district. The design and color of the building meet the Community Design Plan. However, the outparcel does not resemble the main shopping center building, which was a requirement of the original 1990 site plan approval, and was not subsequently deleteQ. by the Commission. Miami Subs Grill is proposing a white, aqua and pink color scheme, and the color scheme of the shopp\ng center is beige, aqua and dark blue. The Planning and Derelopment Board recommended approval of the request subject to Melaleuca mulch, rather than Cypress mulch being used, and subject to staff comments, with the e:xclusion of comments from the Planning and Zoning Department regarding the desigr and color of the building matching the shopping center, as well as the deletion of the outparcel entrance. The Planning and Development Board recommended that the neon be removed from the freestanding s1gn and from the building. They also recommended that the driveway be closed and the dumpster be relocated. In response to Vice Mayor Matson, Ms. Heyden conf1nmed that the gas station was platted separately and is not considered an outpartel of the shopping center. W1th regard to Cuco's Restaurant, Vice Mayor Matson stated that the Commission did not approve the color of that building. It was an error in communication between the fonmer Planning Director and the management of Cucos. Ms. Heyden said she felt more comfortable stating that the outparcel was reviewed for conformance with the shopping center colors. .:- Ms. Heyden confinmed for Vice Mayor Matson that the only color that is not con- fanning to the site pl~n is the white. In response to Comm1~sioner Aguila, Ms. Heyden advised that site plan and con- ditional use approvaJ are all wrapped into one. Commissioner Katz aSr:ed why they need fifty-five spaces. Ms. Heyden advised that this property WHS subdivided after the site plan for the entire shopping center was designed.. Therefore, when an outparcel is part of a shopping center and not a separate lQt, the parking ratio is different. Commissioner Katz was opposed to the entrance off of Plaza Lane. He felt it 1s safer to drive into the shopping center to get to the outparcel. 1)1) - 18 - 'I , - - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20, 1994 Commissioner Aguila felt this project is inappropriate as a drive through and exacerbates what is clready a difficult situation. He was in favor of closing the driveway and relccating the dumpster. He did not think the canvas awnings, the color white, and the use of neon were appropriate. Mayor Pro Tem Bradle) felt this project needs to make some major strides towards the Mediterranean style design configuration and colors. He did not think neon is appropriate there. None of the other shops have neon lights. He asked if the shopping center needs all that add1t1onal parking. Ms. Heyden stated that 1t w111 have less than what the Code requires. However, the Board of Adjustment granted a variance. 'The var1ance would not have been granted unless it was just1f1ed. ThereforJ, there 1s sufficient park1ng and in her opinion, they could even possibly 'ese some. Commissioner Katz asked if they would .still be within the approved BDard of Adjustment variance. Ms. Heyden believed they asked the Board of Ad~ustment for more parking spaces than they needed and they are prov1d1ng more than they were granted to not provide. If that 1s true, Commiss1oner Agu11a would like to see them get to that number of parking spaces to help the 1mpact of this sea of asphalt they are propos1ng. Mayor Pro Tem Bradley said 1f there are less park1ng spaces, that would make for a less inten- s1ve use of the site. Rotky Goins advised that there is a national trend for Walgreen's and Winn Dixie as to the amount of park1ng spaces a shopping center is requ1red to have and it is currently at that "nin1mum. As far as the traff1c c1rculation for a dr1ve in, Mayor Hannen1ng was not in favor of what he saw. Mayor Hannening opened the public hearing. David Dlszkal, 5334 Buckhead Circle, Boca Raton, 1s the proposed future owner of th1s project. He distributed photographs of typical Miam1 Subs Gr111s. He said he has already made tremendous changes to the des1gn. He feels 1t would f1t 1n with the Med1terranean district. Gene KaplIn, V1ce President in charge of construction and architectural design, stated that the neon is an intricate part of Miami Subs' trademark. Miami Subs is 1dentified by its design. People identify the project by its arches and colors. The white building is a standard color. It represents a clean and neat estab11shment. Miami Subs Corporation has now hired a corporation to com- puterize the lighting layout. We send them the site plan and they generate com- puter lighting into it as not to offend anyone outside. Therefore, all the lighting is pushed 10tn th~ building ~nd not out as 1t was before. The dining room has been subdued now. All the fluorescent f1xtures have been taken out. The heavy 11ghting on the outs1de 1s be1ng subdued. Miami Subs would br1ng employment, growth an~ money 1nto the commun1ty. Commissioner Katz asked 1f Miami Subs has ever given up its neon 11ght1ng at any of 1ts locations in Florida. Mr. Kaplan said Miami Subs has cut back and only put the neon on the arches. He said it is not a shocking neon. It has a low - 19 - L.Ah - . J<. ,~ _' . ~ !L>,.." , ."",~""V'~'KWIl"" - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA \ \ SEPTEMBER 20, 1994 \" tone and they could be put on reostats to reduce the amount of brilliance. He .'\ reminded the Commission of the new process of sending the site plan to the cor- poration. He said they are now making the floodlights push against the building so the neon will not be offensive at all. Commissioner Katz believes no matter what the corporate logo and how it is pre- sented, it is encum~ent upon any munic1pa11ty to start insisting on less garish corporate logos. He thinks if Miami Subs cuts back considerably on the neon and adheres to the color~ of the shopping center, they will still be a smashing suc- cess. Mr. Kaplan explained that the arches are so identifiable that after a while, you can take down the s1gnage and once you see the arches, you know it is.a Miami Subs. . Commissioner Aguila felt the arches could be equally effective without the neon. He felt that Miami Subs has made an impact in the market to identify the building shape by that arch. He did not have a problem with the arch. He had a problem with the neon on the arch, the brightness of the white against the shopping center, and the intensity of traffic. Mr. Kaplan said the drive through represents 35 percent of the store's income. He questioned the significance of a vehicle going through a drive through, parking, or c1rcling the building and g01ng out. He d1d not understand the impact. He said entering 1nto a premises with an automobile is dangerous in any light if the driver is not capable of driving. He said he represents Miami Subs Corporation and, as Director of Construction and Architecture, has the authority ~ to make changes this evening. Commissioner Katz asked Commissioner Aguila why he has a problem with a drive through if the Plaza i~ane entrance is eliminated. Commissioner Aguila stated that closing the Plaza lane entrance helps the situation. However, he believes that a drive through ~estaurant generates more business than a non drive through restaurant. . Commissioner Katz fel'; the Plaza Lane entrance should be closed for safety reasons and that the (Jroject should look like the rest of the shopping center. He said the neon l1gh~;st architecture. and colors need to be addressed. Vice Mayor Matson had a problem with the Plaza lane entrance and the white color. She was adamant about the applicant confonning to the site plan. She pointed out that McDonald's on Congress Avenue was approved without the arches. Checkers came in with a different elevation. Boston Chicken and Blockbuster Video changed a lot of their color schemes. All these businesses have strong corporate images and are thriving. Commissioner Aguila suggested the applicant use a beige compatible with the other buildings instead of white, remove the neon, close Plaza Lane, and relo- cate the dumpster, with gates. Mayor Hanmening added that the tile should match the tile in the rest of the shopping center. - 20 - . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 o Mr. Kaplan asked the ~Comm1ss1on to allow the neon on the arches only. If the neon is too bright, It could be toned down by the reostats. Commissioner Aguila asked if he would ag~ee to put the neon on the west and north elevations only. Mr. Daszkal did not have a problem with eliminating the neon from the south ele- vation. However, ba~ed on his research, he found out that the stores that have limited neon do less ;volume. Commissioner Aguila was opposed to the neon on the south and east eleva~1ons because it would be visible to the residents. Mr. Daszkal asked abdut the pOSSibility of putting up trees at the Plaza Lane entrance instead. - . Mr. Kaplan said if he does not feel Mr. Daszkal can recoup his money on his investment, Miami Subs Corporation will not build the project. Commissioner Aguila pointed out that having neon on the east is of no consequence to recouping Mr. Daszkal's investment because if the purpose of the arches and neon is to bring in customers, you would want to do that off of Hypoluxo and Congress, not from within the shopping center. Mayor Hannening was not in favor of using reostats. He suggested cutting the voltage on the neon transfonner, the output voltage on the secondary, or limiting the input VOltage on the primary, penmanently. Mr. Kaplan was sure this was a workable situation. He said he could bring the neon down to a tone where everybody would be satisfied and it would be locked in place. Mayor Pro Tem Bradley stated that from the plan, it looks like a good bit of the northern exposure would be able to be visible from the entire parking area. Therefore, the neon and arches will be where they are needed. He did not think the neon would be in the the best interests of the residents in the development on Congress Avenue. Mr. ,Daszkal agreed to omit the neon on the south and east ends. Commissioner Aguila reiterated his suggestions as follows: 1. Close the ingress/egress at Plaza Lane; 2. Relocate the dumpster into that vicinity and provide gates; 3. Paint the building tan instead of white; 4. Put the neon only on the portions of the arch facing west and north; and 5. Make sure the barrel tile matches the shopping center. Vice Mayor Matson did not want to see oyster, off white, or cream. She wanted tan, beige or brown tJ comply with the shopping center. Mr. Goins was instructed to bring a color ehip t,o the n~xt City Commission meeting. Rocky Goins, the land owner, asked for clarification on the pylon sign. He understands the sign will be in accordance with their colors, with the exception of the neon. Commissioner Aguila advised that this was correct. With regard to the egress on the outparcel, Mr. Goins said all the site plans approved for this site show that egress opening an entrance. Mayor Hanmen1ng e - 21 - . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20. 1994 \ \ \ \ said he would not vote to approve the conditional use for this site if Plaza Lane is left open. ~r. Goins said this site was approved for fast food. The .. traffic counts are i1 ~onfonmance with what is being ~uilt and this project does not affect the traffi ~ounts for the site. In ord~ to eliminate the Commission's concern .at the drive through would increase traffic, Mr. Goins made a suggestion. In order to enter the drive through in a safe manner off of Plaza, you have to ga north, all the way around the building. He suggested making that that an ~xit only. By doing so, when people enter the plaza off of Plaza Lane, there would not be a stacking problem because they would have to go straight through, pa,t Walgreens and into the outparcel from the north end. In addition, people leaving the drive through have to exit off of the main inter- section of the shopping center, unless they want to go all the way around the building again. I Mr. Goins stated that Congress is a major intersection. If people leave Miami Subs from the drive through and the parking spaces, it would create an unsafe, bottlenecking situation. Furthenmore, part of the success of this project depends on the patrons using the parking spaces behind World Gym. If not, there will be a parking problem in front of the Shopping center. In response to Commissioner Aguila. Ms. Heyden advised that the Code requires a one-way drive to be twelve feet wide. If there is ninety degree backup parking, then it is twenty-seven feet. Chr'stopher Cr.wford~ the project architect, stated that the City's requirements for the Mediterranear look and the colors were met. Many changes have been made to make it blend 1ntt the center better. The barrel tile roof matches the rest of the shopping center exactly. David Pefka, 9873 Lawrence Road. spoke in favor of the project. He felt it would be good for th~ community and that we should encourage business and not hinder it by loading .Mr. Daszkal down with too many restrictions. No one else wished to speak in favor of or against this proposed conditional use. Therefore, Mayor Hanmening declared the publ1c hearing closed. ,~" Commissioner Aguila felt it was possible to relocate the dumpster by widening the ingress/egress to one lane, keeping the egress lane to the south half of the ingress/egress, making it one way out. Vice Mayor Matson was comfortable with staff's recommendation to close it off. ~ Motion Commissioner Aguila moved to approve the request subject to (a) the neon being restricted to the west and north elevations only and only on the portions of the arch; (b) the color w~ite being removed and replaced with a color to be selected and reviewed by this r.ommission at a later date and approved, something in the light tan family; and (c) the ingress/egress being closed and the dumpster relo- cated. Vice Mayor Ma:son seconded the motion. - 22 - e _<"' "'.'-""." ."" . "'1.....~- _. ,'- .... .-- .__.-- ~.- , f ~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORtDA I SEPTEMBER 20. 1994 Mayor Hanmening stated that a motion has been made to approve the conditional use for Miami Subs subject to all of the criteria set forth by Commissioner Aguila. Commissioner Aguila added other staff comments. Vice Mayor Matson asked if the motion includes the tiles. Attorney Cherof asked Commissioner Aguila to restate the motion, incorporating those tenms and fixing a date specific for the submission of the color issue to the Commission. Restated Motion Commissioner Aguila [loved to approve the conditional use subject to the following conditionst 1. That the neon be allowed only in the arch portion of the north and west ele- vations; , 2. That the white color be replaced by a light color to be approved at the next Commission meeting on October 3rd; 3. That the Plaza Lane ingress/egress drive be closed; 4. That the dumpster be relocated to that area of the closure of Plaza Lane ingress/egress and that the dumpster be provided with gates; and 5. That the barrel tile on the building match the barrel tile of the main shopping center. Vice Mayor Matson seconded the motion. Commissioner Aguila added that the approval is subject to other staff comments. Mayor Pro Tem Bradley asked for a comment from Planning or Engineering on Commissioner Aguila'S suggestion of going one way. Ms. Heyden explained that she was trying to relieve the traffic at that intersection. William Hukill, City Engineer, felt it would be a hazard to have the cross traf- fic that close to Plaza Lane. Ms. Heyden also pointad out that this is not a proper intersection and that con- fuses people. They do not know if they have the right of way or when they are allowed to turn. The motion carried 5-0. ethl Medeus, e N. W. 4th enue, is the Pres ent of the Rid wood Hills Co unity Action G up. This or nization is hav1n a tribute to t~ Community Poli Officers on 0 ober 22, 199 at the Civic Cent at 7:00 P. M. She invite the Commission attend. S stated that the keup of the CP is phasing ut and some of t officers a being transferre The CPOs hav worked di ently with the mmunity, sam imes during their ff duty hours, because the have the community at heart. y change the liv s of our youth. - 23 - , . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20. 1994 Motion Commissioner Aguila ~oved to appr the apPl~cant's r uest for abandonment of a 20 foot wide dr age easemen ocated north the sout~ corner of S. W. 8th Stre nd Morton's aYe Commissio r Katz seconded the motion, which carried 5- Description: Miami Subs Grill American Architrave Internat10ncl David Daszkal Northeast corner of Plaza Lane and Congress Avenue (outparcel HAu of Boynton Lakes Plaza) Conditional Us.: Request for conditional use approval to construct a 2,934 square foot drive through restaurant. - C. Project Name: Agent: Owner: Location: Ms. Heyden stated that this request was made by David Daszkal for ';lH~dit10nal use approval for a 2,934 square foot drive through restaurant, to be ~Ylown as Miami Subs Grill to be located on outparcel IAI of Boynton Lakes Plaza (the northeast corner of Plaza Lane and Congress Avenue). Although utilities, parking, drainage and landscaping for the outparcel were installed during construction of the main shopping center building, several changes to these improvements are necessitated to accommodate the drive through facility. It is important to remember th~t drive through facilities are not a penmitted use in this zoning district (C-3) unless the various Code standards for evaluating con- ditional uses can be met. These standards include site plan review, regardless of whether a parcel received site plan review previously. The standards of par- ticular concern with drive through facilities, as well as this drive through facility, are ingress and egress, parking and loading, refuse, buffering, and compatibility with adjacent properties. This outparcel does not have its own access. It relies on a cross access agreement with the shopping center. There are two entrances to the outparcel. One is off of Plaza Lane and the other is off of Congress Avenue. The Engineering Department, the Planning and Zoning Department, and the Police Department recommend that the proposed outparcel entrance be closed because this ingress is within twenty-five feet Q~the shopping center entrance off of Plaza Lane and this driveway is heavily used. There have been problems with cars as well as delivery trucks parking in that area and blocking access. In addition, due to the limited stacking area, it is anticipated that cars may back up into Plaza Lane, waiting to make a left turn into the outparcel. Staff believes that this ingress/egress, in connection with the drive through, would worsen the current situation. Of the two outparcel entrances proposed, this would be the one most used. Another concern is that a hairpin turn has been designed entering the drive through so that if a car enters the outparcel here and wants to enter the drive through lane, they would be making a hairpin turn, which, because of its radius, cannot be made in one maneuver. Staff believes that closing this entrance pro- vides adequate access to the outparcel and encourages safer traffic flow to it. Regarding parking and loading areas, there are 668 parking spaces that would be available to serve this outparcel and the rest of the shopping center. This - 17 - . '.'hO" MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20. 1994 outparcel has fifty-five parking spaces and is only requ1red to nave fifteen. A Board of Adjustment variance was granted to eliminate the loading zone. Due to the recommendation to close the access, the dumpster location will have to be relocated. There is an existing six foot high site wall that borders the property on the south. This project is located in the Spanish/Mediterranean district. The design and color of the building meet the Community Design Plan. However, the outparcel does not resemble the main shopping center building, which was a requirement of the original 1990 site plan approval, and was not subsequently deletec:1 by the Commission. Miami Subs Grill is proposing a white, aqua and pink color scheme, and the color scheme of the shopping center is beige, aqua and dark blue. The Planning and Development Board recommended approval of the request subject to Melaleuca mulch, rather than Cypress mulch being used, and subject to staff comments, with the exclusion of comments from the Planning and Zoning Department regarding the design and color of the building matching the shopping center, as well as the deletion of the outparcel entrance. The Planning and Development Board recommended that the neon be removed from the freestanding sign and from the building. They also recommended that the driveway be closed and the dumpster be relocated. In response to Vice Mayor Matson, Ms. Heyden confinned that the gas station was platted separately and is not considered an outparcel of the shopping center. With regard to Cuco's Restaurant, Vice Mayor Matson stated that the Commission did not approve the color of that building. It was an error in communication between the fonner Planning Director and the management of Cucos. Ms. Heyden said she felt more comfortable stating that the outparcel was reviewed for conformance wi th the shopping center colors. ,_ ,:- Ms. Heyden confinned for Vice Mayor Matson that the only color that is not con- fonning to the site plJn is the white. In response to Commissioner Aguila, Ms. Heyden advised that site plan and con- ditional use approval are all wrapped into one. Commissioner Katz asked why they need f1fty-fhe spaces. Ms. Heyden advised that this property was subdivided after the site plan for the entire shopping center was designed. Therefore, when an outparcel is part of a shopping center and not a separate lot, the parking ratio is different. Commissioner Katz was opposed to the entrance off of Plaza Lane. He felt it is safer to drive into the shopping center to get to the outparcel. - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20. 1994 Commissioner Aguila felt this project is inappropriate as a drive through and exacerbates what is already a difficult situation. He was in favor of closing the driveway and relocating the dumpster. He did not think the canvas awnings, the color white, and the use of neon were appropriate. Mayor Pro Tem Bradley felt this project needs to make some major strides towards the Mediterranean style design configuration and colors. He did not think neon ;s appropriate there. None of the other shops have neon lights. He asked if the shopping center needs all that additional parking. Ms. Heyden stated that it will have less than what the Code requires. However, the Board of Adjustment granted a variance. The variance would not have been granted unless it was justified. Therefore, there is sufficient parking and in her opinion, they could even possibly lose some. Commissioner Katz asked 1f they would still be within the approved Board of Adjustment variance. Ms. Heyden believed they asked the Board of Adjustment for more parking spaces than they needed and they are providing more than they were granted to not provide. If that is true, Commissioner Aguila would like to see them get to that number of parking spaces to help the impact of this sea of asphalt they are proposing. Mayor Pro Tem Bradley said if there are less parking spaces, that would make for a less inten- sive use of the site. Rocky Goins advised that there is a national trend for Walgreen's and Winn Dixie as to the amount of parking spaces a shopping center is required to have and it is currently at that minimum. As far as the traffic circulation for a drive in, Mayor Hanmening was not in favor of what he saw. Mayor Hanmening opened the public hearing. David Dlszkal, 5334 Buckhead Circle, Boca Raton, is the proposed future owner of this project. He distributed photographs of typical Miami Subs Grills. He said he has already made tremendous changes to the design. He feels it would fit in with the Mediterranean district. Gin. Kaplan, Vice President in charge of construction and architectural design, stated that the neon is an intricate part of Miami Subsa trademark. Miami Subs is identified by its design. People identify the project by its arches and colors. The white building is a standard color. It represents a clean and neat establishment. Miami Subs Corporation has now hired a corporation to com- puterize the lighting layout. We send them the site plan and they generate com- puter lighting 1nto it as not to offend anyone outside. Therefore, all the lighting is pushed into the building and not out as 1t was before. The dining room has been subdued now. All the fluorescent fixtures have been taken out. The heavy lighting on the outside is be1ng subdued. Miami Subs would bring employment, growth and money into the community. Commissioner Katz asked if Miami Subs has ever given up its neon lighting at any of its locations in Florida. Mr. Kaplan said Miami Subs has cut back and only put the neon on the arches. He said it is not a shocking neon. It has a low - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 tone and they could be put on reostats to reduce the amount of brilliance. He reminded the Commission of the new process of sending the site plan to the cor- poration. He said they are now making the floodlights push against the building so the neon will not be offensive at all. Commissioner Katz believes no matter what the corporate logo and how it is pre- sented, it is encumQent upon any municipality to start insisting on less garish corporate logos. He thinks if Miami Subs cuts back considerably on the neon and adheres to the colors of the shopping center, they will still be ~ smashing suc- cess. Mr. Kaplan explained that the arches are so identifiable that after a while, you can take down the signage and once you see the arches, you know it is a Miami Subs. Commissioner Aguila felt the arches could be equally effective without the neon. He felt that Miami Subs has made an impact in the market to identify the building shape by that arch. He did not have a problem with the arch. He had a problem with the neon on the arch, the brightness of the white against the shopping center, and the intensity of traffic. Mr. Kaplan said the drive through represents 35 percent of the store's income. He questioned the significance of a vehicle going through a drive through, parking, or circling the building and going out. He did not understand the impact. He said entering into a premises with an automobile is dangerous in any light if the driver is not capable of driving. He said he represents Miami Subs Corporation and, as Director of Construction and Architecture, has the authority to make changes this evening. Commissioner Katz asked Commissioner Aguila why he has a problem with a drive through if the Plaza Lane entrance is eliminated. Commissioner Aguila stated that closing the Plaza Lane entrance helps the situation. However, he believes that a drive through restaurant generates more business than a non drive through restaurant. . Commissioner Katz felt the Plaza Lane entrance should be closed for safety reasons and that the project should look like the rest of the shopping center. He said the neon lights, architecture, and colors need to be addressed. Vice Mayor Matson had a prOblem with the Plaza Lane entrance and the white color. She was adamant about the applicant confonm1ng to the site plan. She pointed out that McDonald's on Congress Avenue was approved without the arches. Checkers came in with a different elevation. Boston Chicken and Blockbuster Video changed a lot of their color schemes. All these businesses have strong corporate images and are thriving. Commissioner Aguila suggested the applicant use a beige compatible with the other buildings instead of white, remove the neon, close Plaza Lane, and relo- cate the dumpster, with gates. Mayor Hanmening added that the tile should match the tile in the rest of the shopping center. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 Mr. Kaplan asked the Commission to allow the neon on the arches only. If the neon is too bright. it could be toned down by the reostats. Commissioner Aguila asked if he would agree to put the neon on the west and north elevations only. Mr. Daszkal did not have a problem with eliminating the neon from the south ele- vation. However. based on his research. he found out that the stores that have limited neon do less volume. Commissioner Aguila was opposed to the neon on the south and east elevations because it would be visible to the residents. Mr. Daszka1 asked about the possibility of putting up trees at the Plaza Lane entrance instead. . Mr. Kaplan said if he does not feel Mr. Daszkal can recoup his money on his investment. Miami Subs Corporation will not build the project. Commissioner Aguila pointed out that having neon on the east is of no consequence to recouping Mr. Daszkal's investment because if the purpose of the arches and neon is to bring in customers. you would want to do that off of Hypoluxo and Congress. not from within the shopping center. Mayor Hanmening was not in favor of using reostats. He suggested cutting the voltage on the neon transfonmer, the output VOltage on the secondary, or limiting the input VOltage on the primary, penmanently. Mr. Kaplan was sure this was a workable situation. He said he could bring the neon down to a tone where everybody would be satisfied and it would be locked in place. Mayor Pro Tem Bradley stated that from the plan, it looks like a good bit of the northern exposure would be able to be visible from the entire parking area. Therefore, the neon and arches will be where they are needed. He did not think the neon would be in the the best interests of the residents in the development on Congress Avenue. Mr. ,Daszkal agreed to omit the neon on the south and east ends. Commissioner Aguila reiterated his suggestions as follows: 1. Close the ingress/egress at Plaza Lane; 2. Relocate the dumpster into that vicinity and provide gates; 3. Paint the building tan instead of white; 4. Put the neon only on the portions of the arch facing west and north; and 5. Make sure the barrel tile matches the shopping center. Vice Mayor Matson did not want to see oyster, off white, or cream. She wanted tan, beige or brown to comply with the shopping center. Mr. Goins was instructed to bring a color chip to the next City Commission meeting. Rocky Goins, the land owner, asked for clarification on the pylon sign. He understands the sign will be in accordance with their colors, with the exception of the neon. Commissioner Aguila advised that this was correct. With regard to the egress on the outparcel, Mr. Goins said all the site plans approved for this site show that egress opening an entrance. Mayor Hanmen1ng - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20. 1994 said he would not vote to approve the conditional use for this site if Plaza Lane is left open. Mr. Goins said this site was approved for fast food. The traffic counts are in confonmance with what is being built and this project does not affect the traffic counts for the site. In order to eliminate the Commission's concern that the drive through would increase traffic, Mr. Goins made a suggestion. In order to enter the drive through in a safe manner off of Plaza, you have to go north, all the way around the building. He suggested making that that an exit only. By doing so, when people enter the plaza off of Plaza Lane, there would not be a stacking problem because they would have to go straight through, past Walgreens and into the outparcel from the north end. In addition, people leaving the drive through have to exit off of the main inter- section of the shopping center, unless they want to go all the way around the building again. Mr. Goins stated that Congress is a major intersection. If people leave Miami Subs from the drive through and the parking spaces, it would create an unsafe, bottlenecking situation. Furthenmore, part of the success of this project depends on the patrons using the parking spaces behind World Gym. If not, there will be a parking problem in front of the shopping center. In response to Commissioner Aguila, Ms. Heyden advised that the Code requires a one-way drive to be twelve feet wide. If there is ninety degree backup parking, then it is twenty-seven feet. Christopher Crawford, the project architect, stated that the City's requirements for the Mediterranean look and the colors were met. Many changes have been made to make it blend into the center better. The barrel tile roof matches the rest of the shopping center exactly. David Pefta, 9873 Lawrence Road, spoke in favor of the project. He felt it would be good for the community and that we should encourage business and not hinder it by loading Mr. Daszkal down with too many restrictions. No one else wished to speak in favor of or against this proposed conditional use. Therefore, Mayor Hannening declared the public hearing closed.:'" Commissioner Aguila felt it was possible to relocate the dumpster. by widening the ingress/egress to one lane, keeping the egress lane to the south half of the ingress/egress, making it one way out. Vice Mayor Matson wis comfortable with staff's recommendation to close it off. Motion Commissioner Aguila moved to approve the request subject to (a) the neon being restricted to the west and north elevations only and only on the portions of the arch; (b) the color white being removed and replaced with a color to be selected and reviewed by this Commission at a later date and approved, something in the light tan family; and (c) the ingress/egress being closed and the dumpster relo- cated. Vice Mayor Matson seconded the motion. - 22 - , ,_ ...__ - I ....._ _. . ...... __..... Ms. Heyden also pointed out that this is not a proper intersection and that con- fuses people. They do not know if they have the right of way or when they are allowed to turn. The motion carried 5-0. VII. PUBLIC AUDIENCE Naretha Mldeus, 418 N. W. 4th e, is the President of the Ridgewood Hills Community Action Group. organization is h tribute to the C nity Police Officers on ac r 22, 1994 at the c Center at 7:00 P. She invited the Commi n to attend. She ed that the makeu he CPOs is phasing out a ome of the officer re being transfer . The CPOs have ntly with the c y, sometimes dur heir off duty hours, ey have the comm at heart. They nge the lives of our youth. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORI DA SEPTEMBER 20. 1994 Mayor Hanmening stated that a motion has been made to approve the conditional use for Miami Subs subject to all of the criteria set forth by Commissioner Aguila. Commissioner Aguila added other staff comments. Vice Mayor Matson asked if the motion includes the tiles. Attorney Cherof asked Commissioner Aguila to restate the motion, incorporating those tenms and fixing a date specific for the submission of the color issue to the Commission. Restated Motion Commissioner Aguila moved to approve the conditional use subject to the following conditions: 1. That the neon be allowed only in the arch portion of the north and west ele- vations; 2. That the white color be replaced by a light color to be approved at the next Commission meeting on October 3rd; 3. That the Plaza Lane ingress/egress drive be closed; 4. That the dumpster be relocated to that area of the closure of Plaza Lane ingress/egress and that the dumpster be provided with gates; and 5. That the barrel tile on the building match the barrel tile of the main shopping center. Vice Mayor Matson seconded the motion. Commissioner Aguila added that the approval is subject to other staff comments. Mayor Pro Tem Bradley asked for a comment from Planning or Engineering on Commissioner Aguila'S suggestion of going one way. Ms. Heyden explained that s~e was trying to relieve the traffic at that intersection. William Hukill, City Engineer, felt it would be a hazard to have the cross traf- fic that close to Plaza Lane. Ms. Heyden also pointed out that this is not a proper intersection and that con- fuses people. They do not know if they have the right of way or when they are allowed to turn. The motion carried 5-0. VII. PUBLIC AUDIENCE Marethl Medeus, 418 N. W. 4th e, is the President of the R1dgewood Hills Community Action Group. organization is h tribute to the C nity Police Officers on Oc r 22, 1994 at the c Center at 7:00 P. She invited the Comm1 n to attend. She ed that the makeu he CPOs is phasing out a ome of the officer re being transfer . The CPOs have worked di ntly with the c y, sometimes dur heir off duty hours, hey have the comm at heart. They nge the lives of our youth. - 23 -