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AGENDA DOCUMENTS PLANNING AND ZONING LASERFICHE TEMPLATE PROJECT NAME: K/1C677C/lC Se:/2(/)G; Sm-T!()A) PROJECT TYPE: T;m G I?~ Te-JJs/(j1ll PROJECT ADDRESS: )./W ~Nt {J.JO()L--BlCfftI/T f S (U g S'l PROJECT NO. -S-prE 95,00 J PCN: DOC TYPE: (RIGHT CLICK FOR PULL DOWN MENU) STATUS: (RIGHT CLICK FOR PULL DOWN MENU) APPROVAUSTATUS DATE / 9& DESTRUCTION DATE: Lf /23 & 3~}/ S :\Planning\Planning\Laserfiche template .doc AGENDA D.OCUMENTS BASEHART & COTTRELL, mc. PLANNERS 1532 Old Okeechobee Road, Suite 101 West Palm Beach, FL 33409 (407) 688-0048 FAX (407) 688-2009 September 13, 1995 City of Boynton Beach Planning Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Attn: Mike Haag: RE: TIME EXTENSION REQUEST FOR RACETRAC SERVICE STATION AT SHOPPES OF WOOLBRIGHT PCD Dear Mike: Please accept this letter, and accompanying $400.00 check, as our request, on behalf of Racetrac Petroleum Inc., for a one-year time extension of the site plan approval for the Racetrac service station and convenience store, to be located within the Shoppes of Woolbright PCD. The Shoppes of Woolbright PCD is located at the northwest corner of Woolbright Road and SW 8th Street. The Racetrac site plan was originally approved by the City Commission on April 20, 1993. A one year time extension was granted on May 17, 1994. This request is for a one additional one-year time extension, to May of 1996. No changes to the originally approved plans are proposed. Racetrac has completed architectural and site development plans, and has obtained permits from the jurisdictional agencies, including the Palm Beach County Health Unit, the South Florida Water Management District and the Department of Environmental Protection, which are required to commence construction. Building permit applications for construction of the project can be submitted to the City immediately upon approval of the extension request. Construction is expected to be completed prior to May of 1996. We respectfully request that this application for time extension for site plan approval be placed on the next possible City Commission agenda for consideration. If you need any more information or have questions please don't hesitate to call, Thank you for your attention to this matter. Sincerely, ~~ Anna Cottrell, AICP Principal cc: Max A. McBrayer, Project Manager, Racetrac Petroleum, Inc. ef..('3"€:CT -~F\c.~-r,;fc c I T Y 0 TECHNICAL F B REVIEW AGE o Y N TON COMMITTEE N D A BEACH MEETING DATE: Tuesday, september 26, 1995 TIME: 9:00 A.M. PLACE: Conference Room "C", 2nd Floor, West Wing 1. Introduction 2 . Old Business NONE 3. New Business A. LAND DEVELOPMENT ORDERS (other than site plans) Time Extension LOCATION: RaceTrac Service station at Shoppes of Woolbright peD Northwest corner of S.W. 8th street and Woolbright Road 1. PROJECT: DESCRIPTION: Request to grant a 17 month retroactive and a one (1) year time extension for site plan approval and concurrency exemption. See attached letter of request. NOTE: Items A. 1 - Written comments (on legal sized paper) and plans/documents are to be returned to the Planning and Zoning Director no later than 5:00 P.M. on Friday, September 29, 1995 (three working days following the TRC meeting) . B. REVIEW OF TECHNICAL REVIEW COMMITTEE SITE PLAN REVIEW COMMENTS RECEIVED Maior Site Plan Modification 1. PROJECT: Waste Management of Palm Beach - South LOCATION: High Ridge Commerce Park PID lots 15, and 18 (South side of Commerce approximately 304 feet east of High Drive) 16, 17 Road, Ridge DESCRIPTION: Request to amend the previously approved site plan to construct additional paved truck storage and an expanded container storage yard. 4. Other Business NONE 5. Comments by members 6. Adjournment The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (407) 375-6013 at least,twenty-four (24) hours prior to the program or activity in order for the c~ty to reasonably accommodate your request. MEH:dim . . xc: Central File .:T~CMTG,926 ~~SAo-<:' \'<..-~~~:.:~ C I T Y PLANNING o F & BOY N TON DEVELOPMENT BOARD AGE N D A B E A C H MEETING DATE: Tuesday, October 10, 1995 TIME: 7:00 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance. 2. Introduction of Mayor, Commissioners and Board Members. 3. Agenda Approval. 4. Approval of Minutes. 5. Communications and Announcements. A. Report from the Planning and Zoning Department 1) Final disposition of last month's agenda items. B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications. 6. Old Business: None 7. New Business: A. PUBLIC HEARING Rezoninq 1. PROJECT NAME: Boynton Commons , AGENT: Robert A. Bentz Land Design South OWNER: Bill Ray Winchester and Elsie A. Winchester LOCATION: The southwest corner of Old Boynton Road and Congress Avenue DESCRIPTION: Request for zoning and master plan approval to construct a 186,130 square foot retail compl~~ on 23.03 acre. of land in conn~ction with a rezoning from C-3 to Planned Commercial Development (PCD). Conditional Use Approval 2 . PROJECT: st. Joseph'S Episcopal Church and School AGENT: Jerome F. Milord OWNER: St. Joseph'S Episcopal Church LOCATION: 3300 South Seacrest Boulevard DESCRIPTION: Request for conditional use approval to Page 2 Planning & Development Board Heeting Agenda September 12, 1995 B. APPEALS Landscape Appeal construct a new 6,482 square foot classroom building to the existing school, a 30 space parking lot and tennis courts. 1. PROJECT NAME: Boynton Commons AGENT: OWNER: LOCATION: DESCRIPTION: Robert A. Bentz Land Design South Bill Ray Winchester and Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue Request for a landscape code appeal to omit a 2 1/2 foot wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. 2. PROJECT NAME: UPS Communication Data Center AGENT: OWNER: LOCATION: DESCRIPTION: C. SITE PLANS New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Collene W. Walter Kilday & Associates, Inc. GR Palm Associates 3800 S. Congress Avenue Request for a landscape code appeal to omit the 2 1/2 foot wide landscape strips between the vehicle use area and the abutting property line at the southeast corner of the property, the east property line and the north property line. , Carrabba's Italian Grill Shopping Center at the Target Lisa A. Tropep, P.E. Shalloway, Foy, Rayman & Newell, Inc. American Development Corporation Southwest corner of N.W. 22nd Avenue (Gateway Boulevard) and Congress Avenue Request for site plan approval to construct a 6,238 square foot, 222 seat, one-story restaurant on a 1.617 acre outparcel at the Target Shopping Center. Maior Site Plan Modification 2. PROJECT NAME: UPS Communication Data Center AGENT: Collene W. Walter Kilday & Associates, Inc. Page 3 Planning & Development Board Meeting Agenda september 12, 1995 OWNER: GR Palm Associates LOCATION: DESCRIPTION: D. OTHER 3800 S. congress Request to amend the previously approved site plan to construct 486 new parking spaces and upgrade the existing vehicle use area. parkinq Lot Variance 1. PROJECT NAME: UPS Communication Data Center AGENT: OWNER: LOCATION: REQUEST: E. TIME EXTENSION 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 9. Comments by members 10. Adjournment collene W. Walter Kilday & Associates, Inc. GR Palm Associates 3800 S. Congress Request for relief from Chapter 23 - Parking Lots, Article I, Section 2.F of the Land Development Regulations to allow an increase in parking spaces which exceeds 25% of the existing stalls without upgrading the portion of the existing vehicle use area located between the south property line and the existing building. RaceTrac Service station at Shoppes of Woolbright PCD Anna Cottrell Basehart & Cottrell, Inc. RaceTrac Petroleum Inc. , Northwest corner of S.W. 8th Street and Woolbright Road Request to grant a 5 month retroactive and a one (1) year time extension for site plan approval and concurrency exemption. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407) 375-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. xc: Central File !5:AqPDmt.ql.01C ~~ M'1,1 qs-' ~ 1. project Name: T pe of Application: PI ning and Zoning De artment File No.: Contro'l. Plans: Staff R~port and Commen tS-., ",-", 2. Project Name Type of Application: Planning and Zoning Department File No.: Control Plans: Staff Report and Comments: MEH:TJH:arw Attachments ~rnBmttl.RacTr.c a:TRIISIfTTt.Ra" RACETRAC SERVICE Woolbright PCD STATION at Time Extension SPTE 95-001 N/A Included with Planning and Development Board package that was previously distributed. RACETRAC SERVICE Woolbright PCD STATION at Extension with Planning and Development ard package that was previously dist 'buted, - /0/(7 / tj~- (Jv-b 10/rt/i!J- (s- fl/d .~~ r I (ftJJvTjE ') MINUTES PLANNING & DtVELOPMENT BOARD BOYNTON BEA" ~H, FLORIDA OCTOBER 10, 1995 Vice Chairman C,)lden pointed out that a variance, once approved, runs with the land. If the board grants this \ ariance, it will be with a stipulation that the area be upgraded in the future. He questioned \\ l)ether or not the City Attorney was comfortable with this. Ms. Heyden said this point has bPt'n discussed with the City Attorney and he is comfortable with it. Motion Mr. Rosenstock :)1oved, regarding UPS Communication Data Center at 3800 S. Congress Avenue, to appr. 've a request for relief from Chapter 23, Parking Lots, Article I, Section 2.F, of the Land Devt"opment Regulations to allow an increase in parking spaces which exceeds 25 percent of tht' existing stalls without upgrading the portion of the existing vehicle use area located between the south property line and the existing building. Vice Chairman Golden seconded the ml 'lion which carried unanimously. E. TIME EXTENSION 1. Project Name: RaceTrac Service Station at Shoppes of Woolbright PCD Anna Cottrell Basehart & Cottrell, Inc. RaceTrac Petroleum Inc. Northwest corner of S.W. 8th Street and Woolbright Road Request to grant a five-month retroactive and a one-year time extension for site plan approval and concurrency exemption. Agent: Owner: Location: Description: Mr. Wische qw'..tioned why this item is on the agenda since all of the back-up material indicates that thl-. project is exempt because of a court order. Ms. Heyden expl.lined that this project is exempt only for concurrency (traffic). RaceTrac became' the property owner earlier this year. This time extension, if approved, would be in efff', t until April 20, 1996. In 1993, a master plan modification was approved. At that same timt' the City Commission approved a site plan for RaceTrac. On April 30, 1993, the applicant ap~ 'I ied for a building permit. On May 17, 1994, the City Commission granted a one-year time (''(tension for site plan approval and concurrency exemption which expired on April 20. 199.,. When the time extension was granted, the applicant indicated that by mid- June, 1994. FP&.l would complete the removal of the poles and the installation of new lines. This has been d()11e, but there has been no progress on the building permit. Based on the lack of activity for a ~ '('riod of more than six months, the Building Department voided the permit 17 - MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1995 appl ication on May 16, 1995. An environmental review approval took place 00. May 11, 1995. The approval was subject to conditions which have not yet been satisfied. The applicant has one year to satisfy those conditions. Our code allows the City Commission, at its discretion, to approve an extension for one year provided the request has been submitted prior to the expiration. This request was not submitted prior to the expiration; however, historically, site plan extensions have been granted retroactively under certai n ci rcumstances. With respect to concurrency, the Shoppes of Woolbright PCD IS exempt and vested indefinitely without requiring extension as part of the court order. Staff reviewed this request and unanimously recommended that the five-month retroactive and one-year site plan extension be granted subject to compliance with the previously-approved site plan and permit review comments. The recommendation is based upon a technical standpoint only. As part of the court order, the applicant was allowed to abide by all codes related to 1985; therefore, staff is not required to reevaluate this time extension for any codes that might have changed. Mr. Wische referred to Chapter 4, Section 5 of the land Development Regulations. He read from this section and reiterated that the City Commission has the authority to grant a time extension provided the applicant requests the extension prior to the expiration date of one year. He further pointed out the City Commission's authority to impose additional conditions to conform the site plan to current development standards. Ms. Heyden explained that the code requirement relative to imposing additional conditions applies to all projects throughout the City other than this one. Chairman Dube pointed out that this applicant could keep extending this indefinitely and never build the gas station, or build it under old codes. Ms. Heyden explained that the City attempted to put together a new stipulated settlement agreement earlier this year which removed that dause; however, the agreement has not yet been signed. Anna Cottrell, 1532 Old Okeechobee Road"WestealmReach, advised that there was a delay in the development of this property because of the requirement to relocate FP&L poles. In addition, there were two other significant issues which contributed to the delay. The first issue was the requirement to remove an existing trunk line for a sewer service which ran through 18 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, flORIDA OCTOBER 10, 1995 the middle of this property. This project took time to accomplish and the City would not abandon the easement until the relocation took place. The abandonment was approved by the City in February of 1995. The other major issue which caused delay was the requirement that the original developer do some remediation on a drainage pond. This property is part of a general service management permit issued by the Water Management District. The specific drainage permit was delayed by South Florida Water Management until the original developer complied with the conditions of the original general permit. RaceTrac had a contract to purchase the property contingent on certain items that were to be handled by the seller. They closed on the property in April of 1994, but the seller still had some obligation to complete the work required to relocate the trunk line, and the remediation on the pond. Those items have been done now, but the drainage pond project was only completed in April of 1995. When that project was completed, RaceTrac attempted to reactivate their permit and found that their site plan approval had expired. No changes have been made in these plans from the original submittal. The developer is ready to secure permits, and has all jurisdictional agency permits at this time. The only thing they need is their building permit from the City. After analyzing the current property development regulations against this project, Ms. Cottrell found that the only difference between this site plan as originally approved, and the current code, is that there is now a requirement to do a 10' perimeter buffer which will affect only one area of this site. This plan meets the current code. Mr. Rosenstock questioned whether or not this particular outparcel was on the original court- ordered site plan. When Ms. Heyden responded negatively, Mr. Rosenstock stated that it is then not subject to the court order. Ms. Heyden explained that the buildings on the west side of S.W. 8th Street were to be one building. When the master plan modification was approved after the court order was signed and sealed, the square footage was spl it into an outparcel at the corner and designated a gas station use on it. All development on the property is under the court order unless it is dissolved or superseded by another court order. Ms. Cottrell explained that she was with the planning firm that was originally involved in the application for the development. There was a master plan. The court order vested a certain level of development for the site. She does not believe there was ever a site-specific site plan that was part of the order. The order states that based on the settlement agreement, development that takes place within the project meets the 1986 code. This site plan is consistent with that 1986 code. 19 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA / OCTOBER 10, 1995 Mr. Rosenstock feels that the court order acknowledged that the developers were wrongfully detained from developing the site in the manner they chose. The court looked at the plan that was in effect and told the City that the site must be developed in the manner in which the developer wants to develop it and froze it at that point. Mr. Rosenstock feels it is incumbent upon the Commission to determine whether there are any other factors that may now become relevant to a gas station use. If we can find a reason that may jeopardize the City of Boynton Beach or any other legitimate reason, this use can be denied. Mr, Rosenstock will vote against this project. Motion Vice Chairman Golden moved to grant a five-month retroactive and one-year time extension for site plan approval and concurrency exemption subject to staff comments. Mr. Beasley seconded the motion. Mr. Beasley agrees that there should not be a gas station on this site, and hopes the City Commission will consider eliminating it. The motion carried 4-3. (Messrs. Elsner, Rosenstock, and Wische cast dissenting votes.) 9. COMMENTS BY MEMBERS Vice Chairman Golden recommended that the staff report include this hardship issue information on variance requests. 10. ADJOURNMENT There being no further business to come before the board, the meeting properly adjourned at 8:50 p.m. . ~.~i~~ Recording Secretary (Three Tapes) 20 MINUTES PLANNING a DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA <./7~, , ,-. I r-. \" ' .. ! ._, -/)/,1 t, . ".. NOVEMBER 14, 1995 Carrabba's Italian Grill- This board recommended approval subJect to staff comments, and the City Commission endorsed that recommendadon. UPS Master Site Plan Modillcadon - This board recommended approval subject to all staff comments and plandng of add Idona I trees at the northwest comer of the sidewalk at Congress Avenue, and that recommendadon was endorsed by the aty Commission. Parking Lot Variance for UPS - This board recommended approval subject to staff comments, and that recommendadon was endorsed by the aty Commission. Time Extension for RaceTrac - This board recommended approval subject to staff comments, and the aty Commission endorsed that recommendadon. 9. COMMENTS BY MEMBERS Chainnan Dube reminded the members to respond to the aty Manager's Office regarding the Board Dinner to be held on December 7, 1995, at Hunters Run. O1ainnan Dulle and Mr. Rosenstock will not be able to attend the dinner. Chainnan Dulle apologized for alloMlg the first appllcadon to take up so much dme; however, this may assist the aty Commission at their meedng next week. Dr. Elsner and other members of the board noted Mr. KIrschner's bnpllcatJon of the possibility of a lawsuit depending on the board's decision. 10. ADJOURNMENT There being no further business. to come before the board, the meedng properly adjourned at 8:40 p.m. 'fit . . ~pralnl~~ Recording Secretary (Two Tapes) 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Vice Mayor Bradley questioned the reason for the additional landscaping. Ms. Tropepe explained that this outparcel is beautjfully landscaped at the present time. There are existing trees and shrubs that meet the Code requirements; however, the owners of Carrabba's wish to provide additional landscaping around the restaurant and the perimeter of the parcel because they feel it is a good marketing tool. Mayor Pro Tem Matson confirmed that there will be 225 seats in the restaurant. Motion Mayor Pro Tem Matson moved to approve American Development Corporation's request for site plan approval to construct a 6,238 square foot, 225 seat, one-story restaurant on a 1.617 acre outparcel at the Target Shopping Center subject to staff comments. Vice Mayor Bradley seconded the motion which carried 4-0, G. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: UPS Communication Data Center Collene W. Walter - Kilday & Associates, Inc. GR Palm Associates 3800 South Congress Avenue MAJOR SITE PLAN MODIFICATION - Request to amend the previously approved site plan to construct 486 new parking spaces and upgrade the existing vehicle use area. This item was moved up on the agenda, and addressed earlier. H. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: UPS Communication Data Center Collene W. Walter - Kilday & Associates, Inc. GR Palm Associates 3800 South Congress Avenue PARKING LOT VARIANCE - Request for relief from Chapter 23 - Parking Lots, Article I, Section 2.F of the Land Development Regulations to allow an increase in parking spaces which exceeds 25% of the existing stalls without upgrading the portion of the existing vehicle use area located between the south property line and the existing building. This item was moved up on the agenda, and addressed earlier. I. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: , -~~,-_._------- --_.~~--- RaceTrac Service Station at Shoppes of Woolbright PCD Anna Cottrell - Basehart & Cottrell, Inc. RaceTrac Petroleum Inc. Northwest corner of S.W. 8th Street & Woolbright Road TIME EXTENSION - Request to grant a five (5) month retroactive and a one (1) year time extension for site plan approval and concurrency exemption. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA . OCTOBER 17, 1995 Motion Commissioner Jaskiewicz moved to approve the parking lot variance, request for relief from Chapter 23 - Parking Lots, Article I, Section 2.F of the Land Development Regulations to allow an increase in parking spaces which exceeds 25% of the existing stalls without upgrading the portion of the existing vehicle use area located between the south property line and the existing building subject to staff comments. Mayor Pro Tem Matson seconded the motion which carried unanimously. Motion Mayor Pro Tem Matson moved to approve the request for landscape code appeal to omit the 2Yz I wide landscape strips between the vehicle use area and the abutting property line at the southeast corner of 3800 South Congress Avenue, known as UPS Communication Data Center subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. Mr. Kilday confirmed that the motion on the landscape appeal includes the condition of substituting landscaping to the north (the additional trees on Congress) and the infill (working with the Forester). DESCRIPTION: Carrabba's Italian Grill at the Target Shopping Center Lisa A. Tropepe, P,E. - Shalloway, Foy, Rayman & Newell, Inc. American Development Corporation Southwest corner of N,W. 22nd Avenue (Gateway Boulevard) and Congress Avenue SITE PLAN - Request for site plan approval to construct a 6,238 square foot, 222 seat, one-story restaurant on a 1.617 acre outparcel at the Target Shopping Center. F. PROJECT NAME: AGENT: OWNER: LOCATION: Lisa Tropepe, Civil Engin~er, represented the applicant. This outparcel is in the northwest corner of the Target Shopping Center. The applicant has received all the necessary engineering permits including Palm Beach County Land Development Engineering Division and Palm Beach County Public Health Unit. The applicant has agreed to accept the balance of staff's comments which will be . addressed at the time of building permit. All Code requirements have been met. With regard to the parking space requirements, the applicant has exceeded the requirement by 3S spaces and increased the green space area by four times the requirement. They have tripled the amount of trees required on the site. This proposed building will be compatible with the color of the adjacent buildings in the Target Shopping Center. Commissioner Jaskiewicz pointed out a discrepancy between the staff report and the applicant's request relative to the number of seats, The staff report indicates 222 seats, while the applicant indicates 225. Ms. Tropepe stated that their site plan shows 225 seats. Ms. Heyden advised that there have been concerns expressed from tenants in the shopping center. This outparcel was part of the Target Shopping Center, was preplan ned, and it is considered to be vested. The proposed building will be compatible with surrounding buildings in the center. Staff recommends approval of the project subject to staff comments. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Attorney Cherof reported that there is a reference in the Planning and Zoning Director's memorandum, and there were references made at the Planning & Development Board meeting with regard to the most recent settlement agreement with Tradewinds and Michael Morton as having some potential impact on this application for extension. In Attorney Cherof's opinion, that should not be a consideration by the Commission. This application should be evaluated on its own merit without reference to that settlement agreement. Anna Cottrell, 1532 Old Okeechobee Road, West Palm Beach, represented the applicant. Also present were Mark Hunter, Vice President of RaceTrac, and Jeff Mead, Attorney, representing the applicant. This is a request for a time extension of the site plan that was approved in 1993. There was an extension granted last year. RaceTrac was unable to move forward with their development plans for a number of reasons which were not in RaceTrac's control. They have made diligent efforts to begin development. They submitted applications for building permits immediately following the original approval. However, when the applications were reviewed, staff determined that there were several outstanding issues which must be addressed before commencement of construction. The first problem involved the existence of power poles and transmission lines within an FPl easement. It was the seller's obligation to move those power lines, abandon the easement, and set new poles. That project was not completed until this year. In addition, there was a requirement to relocate a sewer trunk line which ran through the middle of the site, and abandon the easement in which that line was located. That project was not accomplished until February of this year. The third major issue which resulted in the delay was related to the general permit issued by the South Florida Water Management District for the surface water management for the overall Tradewinds project. When the contractors applied for a specific drainage permit for this site, they learned the general provisions were not met by the original developer, and remediation had to be done on an existing pond that would have a shared use with this development. That situation was not taken care of until this year. The seller has completed his obligations to RaceTrac and they are ready to go forward. They attempted to submit permits once again this year, and learned at that time that the site plan approval had expired in April. RaceTrac is a company which is based in Atlanta, and not having a local consultant, this project fell through the cracks. There are no changes proposed in the site plan and the applicant is requesting an extension until April of 1996. Ms. Cottrell displayed an elevation of the proposed project. Commissioner Jaskiewicz questioned the path the patrons will follow to exit the site if they wish to travel in an easterly direction. Ms. Cottrell explained that FOOT access management standards have not changed since this project was originally approved. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 In response to Mayor Pro Tem Matson's question regarding what the City Commission should be considering at this time, Attorney Cherof advised that this is an application for an extension of time. Ms. Heyden advised that the Concurrency Review Board and the Technical Review Committee reviewed this application and recommend approval subject to the site plan comments. In addition, the Planning & Development Board also recommends approval. Commissioner Jaskiewicz inquired as to the developer's alternatives if the Commission denies the request for the time extension, Ms, Heyden advised that the applicant would have to submit a new site plan application. Commissioner Jaskiewicz expressed concern about whether or not the criteria listed in the environmental review were adequately met. Attorney Cherof advised that there are regulatory controls with respect to this type of use at the State, County and Federal levels. He is certain the applicant intends to comply with all of those controls. Ms. Cottrell reported that RaceTrac has received all jurisdictional agency permits that apply to this property including DEP. The applicant has completed the environmental review with the City, They have permits from South Florida and Lake Worth Drainage Districts. The only things they do not have are building permits to commence development. Commissioner Jaskiewicz stated that one of the environmental criterion involves impact on existing neighborhoods. The only thing separating this use from a neighborhood is a canal. Ms. Heyden said that issue was addressed when the master plan was modified. Commissioner Jaskiewicz also pointed out that service stations cannot be approved unless they are at intersections that are four laned. She inquired as to whether or not this requirement could now be enforced. Attorney Cherof's response was negative. Mayor Taylor feels the applicants did everything they could to bring this in on time. There were circumstances beyond their control. He does not see any reason to deny this request. Mayor Pro Tem Matson feels this is a hardship because the project was already approved. The Commission is not addressing the site plan. Furthermore, Mayor Pro Tem Matson does not want to see the City facing another lawsuit. Motion Mayor Pro Tem Matson moved to approve the five-month retroactive the one-year time extension for site plan approval and concurrency exemption for RaceTrac Petroleum, Inc., northwest corner of SW 8th Street and Woolbright Road. Vice Mayor Bradley seconded the motion which carried 3-1. (Commissioner Jaskiewicz cast the dissenting vote.) IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro Tem Lynne Matson 28 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Mr. Campanile advised that there are two entrances into Cracker Barrel -- a north one and a south one. One of the comments asked for a tum lane to the south entrance, but a turn lane already exists at the north entrance. Mr. Morton added that the first left into the Cracker Barrel is probably the one that wiD fit based on what is available. If an attempt is made to put in a southbound left and a northbound right, there will be problems. Mr. Morton agrees with the northbound left. He does not disagree with any of the comments; however, he wants to review this with staff and the traffic engineer. They agree with anything that is public safety, and will install those lanes. That is not an issue because it is a benefit to everyone. However, there is not enough room for the southbound left and northbound right. Mr. Morton clarified for Mr. Haag that staff is requesting a southbound left into Taco Bell, a northbound left into Cracker Barrel. There is not enough room to do both. Trying to fit both turn lanes will cause more of a problem. If it can be done, Mr. Morton has no objection to it; however, he needs to look af it to figure out the configuration and review the safety issues. If it is a safety issue, it will be done. Chairman Dube requested clarification about the removal of the drive-through. Mr. Campanile explained that there was some confusion about the request in Item #3. Mr. Campanile heard comments that the drive-through lane was removed. It was notthe intent of the applicant to have that lane removed. The drive-through lane is on the plans, although it may not be labeled as a drive-ttvough lane. They want a drive-through lane as part of the approval. Mr. Morton said there was a plan that showed Burger King as 3,175 square feet versus 2,500 square feet with a drive-through on the east side. That plan did not get into the hands of staff. There was never an intent to remove the drive-through on the east side which was previously approved. Burger King is 3,175 square feet with a drive- through. Vice Chairman Golden questioned whether or not there is a possibility for a cross-access between Cracker Barrel and the gas station. Mr. Morton said they have been trying to get this to happen. There have.been discussions between Cracker Barrel and RaceTrac to enable this to happen. The gas station's west property line is incorrect on the master plan. They bought the parcel, but it did not get picked up. That will be cleaned up prior to this application going to the Commission. Ms. Heyden clarified that when the gas st~tion was approved,Jhe boundary, as it currently appears, was the one shown. Mr. Morton said RaceTrac is not exceeding that boundary. They just own the property. Ms. Heyden said the drive-through issue is in the agenda because it was part of the submittal letter. Staff was eliminating the drive-through lane at the applicant's request. However, it is a minor issue, and can be put back on the plan. 8 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Mr. Morton said Cracker Barrel is a unique restaurant. It is called, .Cracker Barrel, Old Country Store". That is their name and their logo. Trying to get conformity of Code in a PCD is difficult. The yardsticks for architectural control would be RaceTrac Petroleum or The Home Depot. Mr. Aguila pointed out that boards and Commissions have people come into conformance with the surrounding communities, Miami Subs is a prime example of that situation in Boynton Beach. In the end, they complied with the Commission's requests, and they are operational and a great store. When he suggested a fair compromise to keep the front as is, but tone down the sides and rear by using more stucco and less wood siding, he cannot imagine why they would feel they are not getting their message across. Mr. Morton offered to contact the Cracker Barrel representative to discuss this situation. Mr. Rosenstock advised that the City of Boynton Beach will be participating in a Visions 20/20 program in approximately one week. Mr. Rosenstock has stood before the Commission and this board and talked about developers in the community. Our community is now planning for the future, He feels that an architectural plan as to what we want our City to look like has been cut down because of developers like Mr. Morton. Mr. Rosenstock does not feel Mr. Morton has done this maliciously; however, because RaceTrac does not fit in with anything, and Home Depot does not fit in with anything, we wifl'wind up with a tremendous parcel of the property that will be a garbage can with regard to design. Mr. Rosenstock feels the developer should have a little respect for the community and try to abide by the design plan. He feels the time has come to stop all these exceptions. Vice Chairman Golden agreed with Mr. Aguifa's comment about the compromise to the east side of the building, and feels it is a reasonable solution. Chairman Dube expressed some concern about what Leisureville will see from across the way since the berm is 5'. There is a pad at the rear of the building with wood sitting on it. Mr. Morton said the berm that will be landscaped is not on the plan. It is on the outside. In addition, Leisureville, in this particular location, is across the canal. The project will not back up to Leisureville because there is a berm, a canal and an FPL easement. Vice Chairman Golden questioned whether the rooftop equipment was considered for parapet screening. Mr. Lewicki said staff has discussed this issue. Mr. Aguila advised that there is something in the Code which states that this equipment may not be visible for distances of 600'. Mr. Morton agreed that this project will meet that requirement In reviewing the plans, one of the things that caught Mr. Aguila's attention is the light in the island on the north side of the store which shines towards the dumpsters. That light will II MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 changes requested. Mr. Morton does not feel it is necessary to stucco the north elevation. Vice Chairman Golden expressed concern about the integration of the site with the "aceTrac strip to the north, the sight problems, and the comments about landscaping. He feels more work is needed to make this project conform with the surroundings. Ms. Heyden asked the board to verbalize its recommendations on the elevations. She requested that the applicant take the suggestions back to Cracker Barrel and submit a revised elevation for the City Commission so they can see the recommendations. Chairman Dube questioned whether or not the expedited process was responsible for the number of comments that exist. Ms. Heyden responded affirmatively and explained that the expedited process does not allow a second submittal. However, some of the comments would still exist, but one quarter or one third of them might have been eliminated. Motion Mr. Aguila moved to approve the site plan submilled by Cracker Barrel Old Country Store on the east side of S. W. 8th Street, approximately 200 feet north of Woolbright Road, the reqJ.lest for site plan approval of a 9,970 square foot, 178 seat restaurant/gift shop on 4.12 acres located on a portion of Tract B of the Shoppes of Woolbright PCD subject to all staff comments and subject to the owners of the property agreeing to reducing the amount of corporate image elevation motif on the north, south, and west elevations almost in their entirety, and submitting a revised elevation to the City Commission for their acceptance. Vice Chairman Golden seconded the motion. Attorney Pawelczyk confirmed with Mr. Aguila that the motion is subject to the owners of Cracker Barrel agreeing to reducing the amount of corporate image elevation motif on the north, south, and west elevations almost in their entirety. Mr. Aguila does not have a problem with the curved parapet, the rain cap or the chimney. He has a problem with the wall treatment on the north, south and west elevations. He does not mind a certain return on the north and south elevations from the east (approximately 10' to 20' maximum). Mr. Aguila also amended the motion to include the fact that there was agreement on the part of the applicant to rework the light at the dumpster, The fire hydrant issue can be worked out with the Fire Department. Vice Chairman Golden agreed to the amended motion. Brief discussion ensued regarding the mixture of the colors peach and brown. Mr. Aguila believes that when the elevations are revised. Cracker Barrel will work on a color that 13