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AGENDA DOCUMENTS MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Because Farm Stores is very sensitive to community concerns, and because of remarks made by the public, Mr. Barrett said he would pull away from the project. He thanked the board for its time. t",tr. Wische stated that he was originally against this project, but based on the applicant's vigor to produce plans, he thought it might work. However, after hearing comments this evening, he will not support this project. In response to Chairman Dube's question regarding whether or not Mr. Barrett's intention is to withdraw the application, Mr. Barrett responded affirmatively. Mr. Rosenstock withdrew his motion, and Vice Chairman Golden withdrew his second. Mr. Haag explained that there were other agenda items for the Farm Stores. The applicant requested that all items be withdrawn from the agenda. Those items are VII-B.l (Community Design Plan Appeal), and VII-E.2 (Parking Lot Variance). . 2. Project Name: Agent: Taco Bell at the Shoppes of Woolbright peD Eduardo l. Carcache CKE Group, Inc. Taco Bell Corporation Northeast corner of Woolbright Road and SW 8th Street Request for conditional use approval to construct a 2,616 square foot restaurant with a drive-through window on a .895 acre parcel. Owner: Location: Description: Mr. Haag made the presentation. The parcel for this project is located within the PCD. The surrounding land uses and zoning include vacant land zoned PCD to the north; existing parking lot for Home Depot zoned PCD to the east; Woolbright Road and vacant land zoned C-3 to the south; and SW 8th Street and vacant land zoned PCD to the west. Because conditional uses require review of 12 zoning standards, Planning and Zoning Department Memorandum #95-334 dated July 7, 1995, details the results of that review. A brief synopsis of that review is listed below. 1. Ingress/Egress - The property is a newly-subdivided outparcel within the Shoppes of Woolbright PCD. Due to an approved master plan modification for the peD which included a median cut within SW 8th Street to align with the future shopping center driveway, the driveway has been upgraded to a major 11 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 driveway. The existing driveway will be shifted 30 to 40 feet to the north. There will be an entrance into the Taco Bell site from the new driveway. In response to Mr. Wische's question, Mr. Haag explained that because of the curb cut, the new driveway will be treated as a major driveway into the PCD. The driveway will accommodate two-way traffic. Mr. Wische advised that he was in possession of the 1986 and 1990 court orders. He referred to #9 of the document and read the following: "The City agrees that Tradewinds shall be entitled to an additional curb cut on SW 8th Street located between Woolbright Road and the primary shopping center entrance designed to accommodate entering right-turn traffic only, and to be constructed in accordance with the City code." Mr. Wische questioned whether or not the road Mr. Haag was referring to was the same road he described. Mr. Haag responded affirmatively and explained that there was a master plan modification. Mr. Wische insisted that unless the court order was changed, the applicant is entitled to a right-turn only road. Chairman Dube pointed out that on May 16, 1995, the City Commission approved a master plan modification. Ms. Heyden confirmed that a master plan modification was filed and a new agreement which supersedes the court order was approved by the City Commission. She directed the members to Page 4 of the staff report where she referred to this City Commission action. Mr. Wische advised that he spoke with three City Commissioners who claim that they did not vote to approve any such conditional use. He requested clarification. Ms. Heyden explained that in both the 1986' and 1990 agreements, there was discussion of prohibiting fast-food restaurants. The most recently-approved agreement supersedes both of those agreements and opens up the issue of fast-food restaurants being allowed if a conditional use is approved. That is what has aI/owed the submittal of this application. City Manager Parker stated that the settlement agreement is an additional settlement agreement which resulted from Mr. Morton going back into court in 1992. City Manager Parker said the fast-food issue was contained in the 1990 agreement. Mr. Wische disputed this statement and requested a meeting with the City Manager to review that agreement. Mr. Haag returned to his presentation. He explained that Taco Bell is requesting a driveway variance to allow this driveway which will be within 30' of the first ingress aisle. The code requires a minimum of 100' from the right-of-way to this first access aisle. When the parking lot variance went before the TRC to allow the 30' rather than 1 OQ', staTf recommended approval, but requested that the traffic direction be in-flow only so that there 12 t:'111IC111\...t:' tV Lilt:' UIIVt:'""UIlVU5/1 VVI/' ve 111.111' UII::: IIVIIL V, un:; IJUIIU'''O' 14 -r-- MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 in and out of Home Depot. Mr. Aguila also requested information on the elevations of the signage. Mr. Carcache advised that in order to make the driveway one-way, the applicant proposes to reduce the width to only 15' by increasing the landscape island. The signage will be based on the elevation of SW 8th Street. Mr. Haag directed the members to Page 17, Item #16 of Planning and Zoning Department #95-333. He stated that he heard the applicant agree with staff's recommendations. Staff's recommendation is that the west access point requested for a variance be deleted and replaced with a new access point along the east property boundary. Mr. Carcache stated that the conditional use and the parking lot variance are two separate issues. At this point, he was only answering a question which had been asked. Motion ...... Mr. Wische moved with reference to Taco Bell, the conditional use drive-through restaurant, to deny the request. Vice Chairman Golden seconded the motion. Vice Chairman Golden stated that this is a fairly decent size outparcel in a recently-approved outparcel. He does not see why the applicant cannot make every effort 'to meet current codes including the location of the drive-through window. With regard to the parking lot variances, if the applicant had not requested the median opening on SW 8th Street, there would not be a need for the variances. He agrees with staff's recommendations. The motion carried 5-1. (Mr. Beasley cast the dissenting vote.) Motion Vice.Chairman Golden moved to amend the agenda to move up the parking lot variance for Taco Bell. Mr. Rosenstock seconded the motion which carried 5-0. (Mr. Wische was away from the dais.) E. OTH ER PARKING LOT VARIANCE 1. Project: Agent: Taco Bell at the Shoppes of Woolbright PCD Eduardo l. Carcache CKE Group, Inc. 17 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 V. BIDS: None VI. PUBLIC HEARING: Attorney Cheraf announced that all of the following items under Section VI-Pub I ic Hearing are quasi- judicial hearings. Everyone wishing to testify must be sworn in and will be subject to cross- examination. All documents in the City Commission back-up material are part of the record. Any other documentation for the record must be submitted to the clerk before leaving the meeting. Attorney Cherof administered the oath to all who would be testifying during these proceedings. Owner: l.ocation Description: Taco Bell at the Shoppes of Woolbright PCD Eduardo l. Carcache q_' AA 1 CKE Group, Ine. .,""" Taco Bell Corporation Northeast corner of Woolbright Road and S.W. 8th Street CONDITIONAL USE: Request for conditional use approval to construct a 2,616 square foot restaurant with a drive-through window on a .895 acre parcel. A. Project: Agent: In addition, Attorney Cherof advised that with regard to Items VI-A and B, on May 16, 1995, the City Commission authorized a settlement agreement with Howard Schar/in, trustee for this property. Within the body of that settlement agreement, uses in the PCD were dealt with. There had been some dispute with reference to fast-food restaurants with drive-throughs being a permissible use. The 1986 agreement stated that this was not a permissible use; however, the 1990 agreement was silent on this point. That dispute was resolved specifically in the May settlement agreement. Attorney Cherof further advised that the City has transmitted this settlement agreement to Mr. Schar/in, but has not received a signed agreement in return as of this date. If we do not receive a copy back, we would be back to the 1990 agreement. The City Commission now has the opportunity to: 1. Table this item and await the settlement agreement; or 2. go forward and as one of the conditions of approval, the City Commission could request receipt of the settlement agreement unaltered. Michael Morton, one of the partners in the Woolbright Place Venture, said there were several exhibits which were to be prepared by the City and the Venture as part of the settlement agreement. The exhibits which were to be prepared by the City were not received by his office until yesterday. Without the exhibits and without meeting with Mr. Cherof and City Manager Parker, it was impossible to finalize the execution of the agreement. Mr. Morton was in possession of the agreement, signed by Mr. Scharlin on June 21, 1995. He also possessed a check from the Venture in the amount of $5,000 which was payable to the City for their portion ofthe legal fees. He explained that the exhibits are lengthy, and there was not enough time available prior to this meeting to address everything in the exhibits. 8 r MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 He requested that the City Commission move forward with the presentations tonight for Taco Bell since the representative was present, and they are prepared to address all of the City's concerns. He would like to avoid a confrontation with the City. In the spirit of cooperation and good will, the Venture would like to get this project moving. If this project is delayed, it could be detrimental to the contract. If Taco Bell cancels the contract with the Venture, there would be a very big problem. Mr. Morton said he is prepared to sit down with the City and work out all of the agreements. He recommended dealing with Taco Bell this evening, subject to a resolution of the exhibits. Attorney Cherof advised that if the City Commission decides to move forward, a condition of approval could be receipt of the signed settlement agreement with the exhibits within a fixed period of time set by the City Commission. If the signed settlement agreement is not received by the date stated, any affirmative action regarding the conditional use application would be considered null and void. Attorney Cherof suggested tabling the issues before the City Commission if Mr. Morton was not in agreement with the conditions he stated. Mr. Morton agreed that he made the statements Mr. Cherof referred to. He needs to work out the exhibits because there were very many questions going back to 1991. Everyone has agreed to this current agreement and Mr. Scharlin has executed it. They are prepared to go forward; however, their only interest is not to be put in a negative position with the City. They do not want another situation which caused everyone much distress. Mayor Taylor stated that the City is not attempting to cause distress, and Vice Mayor Bradley is comfortable moving forward based on Attorney Cherof's statements. Mayor Pro Tern Matson agreed that the Commission worked on and voted for an agreement. If that agreement is not received within a time certain, then the action of the Commi5lSion should be tabled. She feels the City needs to proceed since we do not need another $13 million lawsuit. Commissioner Jaskiewicz is willing to listen and make a judgment based on the facts. Eduardo Carcache of CKE Group, Inc., represented Taco Bell. Taco Bell is only interested in building the restaurant as soon as possible. Mayor Taylor advised that the Commission's action will be based on the fact that the City has been assured that it has a final agreement. The only outstanding issue is working on the exhibits with Mr. Morton. Mr. Carcache is hopeful that he can proceed with building permits following this review, and that the agreement will be finalized by that time. If this issue takes longer than that, then Taco Bell will have to reconsider its position. In response to Mayor Taylor's question, City Manager Parker recommended that the time certain be set prior to the next City Commission meeting. which is August 1, 1995. Mayor Pro Tern Matson declared that she has spoken with Bill Lynch, Director of Leisureville, and Mr. Morton relative to this issue. Commissioner Jaskiewicz declared that many residents of Leisureville contacted her to express their 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 concern about a fast-food restaurant which will be open until 2:00 a.m. Mayor Taylor stated that a resident of Leisureville contacted him to discuss the hours of operation. In addition, a resident of Hunters Run also offered concerns. Commissioner Rosen received a telephone call from a resident of Leisureville. Vice Mayor Bradley spoke with two members of Leisureville on this subject. Mr. Carcache was sworn in by Attorney Cheraf. Eduardo Carcache, engineer with CKE Group, Inc., said Taco Bell's application was submitted in December of 1994. Following TRC review, the applicant addressed most of staff's comments. The two remaining issues are the variance application to allow a driveway into this site closer than 100' from the property line, and the location of the drive-through window. When Taco Bell went through the TRC process, no mention was made with regard to the location of the drive-through window. In March, a new ordinance was passed which no longer permits a drive- through window to face the road. This application, however, was submitted before the ordinance change. Staff has recommended that the drive-through be relocated so that it does not face the road. Taco Bell has worked on this site for a very long time. The plans submitted depict the best possible configuration which will allow traffic flow, stacking, and building visibility from the road. Ifthe drive-through is relocated to the rear of the building, the kitchen will have to be moved. This will leave a situation whereby the drive-through and the dining room will not be served well. There is currently no Taco Bell with a drive-through in the rear of the building. Another suggestion was to rework the site plan. This site is narrow and long. Reworking the site plan would create dead-end parking on SW 8th Street. Dead-end parking is not desirable because when the patron gets to the end of the drive aisle, it is difficult to turn around to get out. The current site plan indicates two-way flow in every direction. Staff recommends that the first driveway be made drive-in only. The applicant is agreeable with that recommendation. On the day before the Planning and Development Board meeting, a conflict was discovered with the abi I ity of the trash trucks to enter the site. They recommended that the driveway not be approved. They suggested opening another driveway into the Home Depot parking lot which would eliminate some of the existing parking spaces in the Home Depot lot. In discussing this situation, the suggestion was found not to be feasible. With regard to staff's comments regarding the arch and color of the awning, the applicant accepts those comments and is not opposed to working with staff. Tambri Heyden, Planning and Zoning Director, advised that the zoning code contains 12 standards 10 ,------------ MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 which must be evaluated for conditional uses. In addition, the Planning and Development Board and the City Commission can only consider those conditional uses which are authorized under the terms of the zoning regulations. Ms. Heyden stated that her evaluation of the following standards is based on the June 9, 1995 site plan which was submitted for review: 1. Ingress and Egress - Primary access to the outparcel is via a future shopping center driveway off SW 8th Street. Because of a recent approval of the most recent rr.aster plan modification for the PCD, which included a new median cut within SW 8th Street to align with the referenced future shopping center driveway, the classification of this driveway has been upgraded to a major driveway. The code requires a minimum of 100 feet from the right-of-way to the first access aisle. The drawing depicts the first access aisle at a distance of only 30 feet. The applicant is seeking a parking lot variance relative to this issue. The TRC recommends approval of the variance subject to the access aisle into Taco Bell being ingress only. This will result in the prevention of stacking in that major driveway from blocking access in and out of the parcel. Following the TRC meeting, the Public Works Department made a determination that the safest access for the sanitation vehicles would require a redesign of the dumpster access location. Public Works plans to service the dumpster by entering from the eastern-most driveway and circling around. When the driveway to the west was made ingress only, it caused the planned traffic pattern to shift. The shift no longer allows Public Works to use the driveway to enter the site. Staff recommended closing the driveway because of the conflict and providing another driveway along the eastern property boundary so that there will be two access points. At the Planning and Development Board meeting, the applicant indicated acceptance of that recommendation. 2. Off-street Parking and Loading Areas - Thirty-eight parking spaces are required and the applicant will be providing 39 spaces. 3. Refuse and Service Areas - This item was discussed under Item #1. 4. Utilities - All utilities are currently available to the site. ' 5. Screening, Buffering and Landscaping - The landscaping plan provides all code- required landscaping and screening. The PCD regulations require a 10 foot wide peripheral greenbelt around the perimeter of the project. This parcel is along the perimeter. They have provided the parking lot regulation screening which includes a hedge and trees 40' on center. Additional landscaping is recommended within the greenbelt along Woolbright Road. (This landscaping should include trees and groupings of understory plantings.) 6. Signs and Exterior Lighting - The signage shown with this project will require modification to the Shoppes of Woolbright peD sign program. The current sign program makes no provisions for separate freestanding signs on outparcels since the outparcels were originally intended to be leased. The revised sign program is expected to set forth criteria for all freestanding signs within the PCD to harmonize these signs through similar colors, materials, lettering and/or sign height; 11 -,- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 feet from the north part of the parcel to Woolbright Road. That will allow stacking of 14 or 15 cars waiting to turn left. Mr. Morton stated that the stacking meets DOT requirements. With regard to the dumpster, Mr. Morton explained that at the present time, the truck could enter through Home Depot's parking lot and exit the first lane. The dumpster can be turned around to face south rather than north. Attorney Cherof advised that the Commission might want to treat staff's recommendation as a condition if the applicant is willing to stipulate to it. If the applicant is not willing to stipulate to this condition, other City witnesses can testify. Condition Ms. Heyden restated that it is staff's recommendation that the driveway be closed and another entrance to the parcel be provided on the east property line. Attorney Cherof asked the applicant if he would stipulate to staff's recommendation. Mr. Carcache does not feel this condition will facilitate access to the site. The applicant feels he will be sacrificing traffic flow for everyone in an effort to pick up trash. In his opinion, reducing the driveway to an in-only drive would work. Attorney Cherof asked whether or not the applicant was willing to stipulate to the condition. Mayor Taylor responded that it was obvious the answer was "no". Bob Eichorst, Public Works Director, explained that 100 feet is necessary for the truck to be able to enter the site to service the dumpster. At present, there is 90 feet. The opposite direction is one-way. If it,was a two-way drive, the truck would block the entire street and create a safety hazard when exiting. Traffic turning the corner would not have the opportunity to stop. Mr. Eichorst recommends entering the eastern entrance, travelling to the area where the dumpster is presently shown, servicing the dumpster, then turning to the east to enter into Home Depot to allow the truck to circle back and exit through their exit. This would provide for a smoother, safer operation. Mr. Carcache feels that when the truck services the Taco Bell, they will also be servicing Home Depot. The truck can enter the main driveway access from the east and then access on the parcel at the west entrance, and go around. The applicant will rotate the trash enclosure 900. The trash can be picked up and the truck can continue north to Home Depot and exit the site. The applicant feels this proposal would work and they would not have to sacrifice everyone's traffic flow. Mr. Eichorst stated that he would not have a problem with the truck riding a little further in any direction; however, if he uses the proposal made by Mr. Carcache, the trucks would have to make a left turn across the center line 30 feet from a car turning the corner. This would create a serious safety problem. Vice Mayor Bradley is concerned that the western ingress/egress is a serious safety hazard. If that situation could be solved, then the dumpster situation could be addressed along with traffic flow. Having cars travelling on Woolbright turn right onto SW 8th Street and then right again 30 feet later into Taco Bell is a very serious situation. Mayor Pro Tern Matson agreed with this remark. I3 r- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 ~ Association. He expressed his opposition to this project because of the proposed hours of operation. He further expressed concern about the noise and traffic which will be generated. Mr. Lynch requested that the City Commission reduce the hours of operation of this project. Mr. Carcache stated that the weekday hours will be until 1 :00 a.m., and until 2:00 a.m. on Friday and Saturday. He pointed out, however, that the market will drive the hours. Lee Wische, 1302 SW 18th Street, represented the people and Board of Leisureville. He pointed out that the appl icant refused to relocate the drive-up window during the Planning and Development Board meeting and to consider the traffic flow. Leisureville is a retirement community with residents who go to bed early. Their lifestyle will be disrupted. This conditional use was not permitted until May 16. There were no provisions for fast-food restaurants or drive-up windows until the Commission voted this in on May 16. Jose Aguila, 800 SW 1 Court, feels the median cut will encourage violation of traffic laws by making "U" turns at Woolbright Road or the next opening to Home Depot. Adding another entrance into Home Depot is not necessary. He does not feels the driveway should connect to the Home Depot parking lot. A third access point will compound a bad situation. He reminded the Commission to address the issue of rooftop equipment. Attorney Cherof referred to Page 3 of Memorandum 95-334 in the staff report. He explained that there is a reference to 39 parking spaces being provided. Sheet A-l-A of the plans under the site analysis refers to a total of 28 parking spaces required. He requested clarification on the required number of spaces. Ms. Heyden explained that parking is required at one space for every 100 square feet of gross floor area, and based on seats. Taco Bell has a building size of 2,616 square feet. Since there was no indication of seating, the assumption was that the parking was calculated based on square footage. Mr. Carcache said the original building was bigger. The building was reduced from 2,600 to 2,240. The seating was reduced from 100 to 70. Mr. Carcache felt the staff report might have been referring to the original application for the larger building. The applicant met code at that time by providing 39 spaces. With the building size and seating reduced, the applicant is even more above code. The applicant is not seeking any variances to reduce the parking which is required by code. With regard to the screening of rooftop equipment, Ms. Heyden advised that the recently-adopted Community Design Plan ordinance states that rooftops are to be treated as part of the building elevation and all rooftop equipment must be completely screened from view at a minimum distance of 600 feet. Mr. Carcache said the building has a parapet. The rooftop containing the equipment is lower than the top of the building thereby hiding all of the equipment from view. In response to Commissioner Jaskiewicz' question, Ms. Heyden advised that the requirement regarding screening of rooftop equipment was not in effect when Home Depot was built. Mr. Morton addressed the issue of when fast-food restaurants became available for review by the City, 15 ,-- MINUTES SPECIAL PLANNING AND DEVELOPMBfT 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 turn 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 will 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 instalJ 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 at 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 not the 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-through 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 station was approved, the 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 drMHhrough lane at the applicant's request. However, it is a minor issue, and can be put back on the plan. 8 , ) J,' / / 4. Comer Clearances for "isolated comers properties" are as follows: Corner Clearance at Intersections With Restrictive Median Position Approaching intersection Approaching intersection Departing intersection Departing intersection Access Allowed Right In/Out Right In Only Right In/Out Right Out Only Without Restrictive Median Position Approaching intersection Approaching intersection Departing intersection Departing intersection Access Allowed Full Access Right In Only** Full Access Right Out Only** Minimum (Feet) 115 75 230 (125)* 100 Minimum (Feet) 230 (125)* 100 230 (125)* 100 * Access Class 7 and Interim "Special Case" at 35 MPH or less, may use the measurements in parenthesis. ** Right In/Out, Right In Only, and Right Out Only connections on roads without restrictive medians shall, by design of the connection, effectively eliminate unpermitted movements. (j). Connections and median openings on a controlled access facility located up to 1/4 mile from an interchange area or up to the first intersection with an arterial road) whichever distance is. less, shall be regulated to protect the safety and operational efficiency of the limited access facility and the interchange area. The 1/~ mile distance shall be measured from the end of the taper of the ramp furthest from the interchange. 14-97.003 Access Management Classification System and Standards T Page 15