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