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LEGAL APPROVAL ..... %e City cif t:Boynton $eacft 100 'E. '.Boynton fJJuJ& 'Boukf.l4r1i P.O. '.Bo~310 'Boynton~ 110rUfa 33425-0310 City:Jla{[: (407) 375-6000 ~;U: (407) 375-6090 October 18, 1996 Mr. Michael Morton The Morton Group, Inc. 902 Clint Moore Road, Suite 124 Boca Raton, FL 33487 Re: File No.: Location: Burger King Restaurant NWSP 96-009 Northeast comer ofS.W. 8th Street and Woolbright Road (a part of Tract "C" of Shop pes of Woolbright Place PCD) Dear Mr. Morton, Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for site plan approval. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, ~ , ,:7 I ~~4rv~~ 21-- ~C<~~~ Tambri J. Heyden, AICP Planning and Zoning Director TJH:dar Attachment xc: Central File c: devoburg.new ;<lmerica's ~attway to tlU ~ulfstTtam '~.~ rc:x:;~' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA 00 ca18.. ill PlANNING AND ZONING D PT. APPLICANT: BURGER KING RESTAURANT APPLICANT'S AGENT: Morton Group, Inc.. agent for Howard Scharlin. Trustee of the Shoppes of Woolbright PCD DATE OF HEARING BEFORE CITY COMMISSION: October 15,1996 TYPE OF RELIEF SOUGHT: Requesting site plan approval to construct a 2,911 square foot Burger King Restaurant with a drive-thru lane on .918 acres within the PCD. LOCATION OF PROPERTY: Northeast corner of S.W, 8th Street and Woolbright Road ( a part of Tract "C" of Shoppes of Woolbright PCD). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations, 2. The Appliyant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with the notation "Included". 4. The Applic;ant's application for relief is hereby -L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: 7, ~tf(~.D DATED: October 15. 1996 ~/.Y""~ ~"",;;2 <:: . Cit Clerk Devord.BurgerKing New Site Plan 10115196 LU-l;AIIUI'J IVI1-\t' BURGER KINu _ 0- J... _J- ~ ~ _~ : I =~ ~~ ' )~.l." " Ji ~ _ - -. .' f-:-- I-- ~: )::.- "[J - ,- - I- . ' ,~ _' . - - - I-- · IIfJ ""'--1 r '- ~~" ':, -:::If- I -I' 141.~ :.-.:: .~ '- I ..J[ ITI~ '-- -: t: .::.oll1 ....J. I- 1111 -' I-- ~ ~ ..... - - .-:-. ?"~- >:",..- - = ~'I -. ~ '..[ I i r I I- 1- " ; .", ~ - = ..-- ----: U % ~ I: ~~ i -~6 ,~~ : ~I . ',. .> ~II~~T '-'IJitt.i1,,' ~ I ~_ ~ 11 ,II ,~ .... II;IL 11:." f ."'f:; (~' I I . ~I 11 .J,.,;: ~~ ~ _ ." _ ,\ I ,. l tI] tJ. '1 1.1. Ttt-;' ,II )1"1~,~\H~m1\~ . ,~- ~- I 'ifPtlr.w;. Hf1g nrr ~ ~ t r.-.: .-. ~ r- ..6';1 II r I TI 'J ) . -,,' ::[ .. lIII!1!1UUI ~11 l' IRe ,'I ~, ~ · _ C::::: - ... .'" ~ ft1 ~ 0 I. [rr ~lIIIIIUIlID IIII'I UII n II I)I( ~ :~'l( lliU"':' . a:rrn 1IlIlJlIl 'I - II ,1 ~;'i1 ,.... m bmllT"i i I IT T"'" ,I. R1:HT II I r ..no .rY'1 · ~ ..',,1,' -r- H- \ 1f"Tl.mllllllr. 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"...., t- ~ llilJll~~~ Ii -~ R~ ~ " ' In ~,I 'lJIT I ~t - II' I II 1_' 1 11 I 11 \ ' I I ''I \ I I _illlJ l ~ ~ :: 14 Ai :~ ~ I : : ~ [ -, I T 1 III \ III J _ !{ 1 T I I- f ,m ,I'i r lln fli==' . l~tll~! 0 ~I ',' ,..' '" m :';,,;' I Itm ltht [ InIll 111m. ~rnr.1~~11l rot ,1\ I IT I [, lIl1Iffiillllfl' TI 'IIII!I 1 mf 1,1 [It, ~- II 1:1 I IF, I mrt~1I If III I I i T- 1\ -l I II 1m1 I ~ I TT r I '1 t-i I II Itt . ~1 PU " ~ r ~"~ .H-H: ~~11 "II LJLJ II II I II - tit1.-l f--f I i l Ll I \ I I] ~~ 4 Hli=l BJ:HEj 1.111 ~:l, ~ ....... '-~ D ;-;01' ,t. .. 'fl R~C __~U,' EXHIBIT" C " Conditions of Approval Project name: Burger King Restaurant - Shoppes of Woolbright PCD File number: NWSP 96-009 Reference: The plans consist of 14 sheets identified as 2nd Review. New Site Plan. File NWSP 96-009 with a SeQtember 23 1996 Planning and Zoning DeQartment date stamQ marking . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS CUI '~E UTI L1TI ES Comments: 1. Provide peak flow demand, based on gpm (gallons per / minute), to justify water meter size. 2. Palm Beach County Health Department permits will be / required (Sec. 26.12). 3. Plan shall show location of all utility easements, existing or / proposed, on or off site, (Sec. 26.33(a)). 4. Only palm trees will be permitted in utility easements, (Sec. / 26.33(a)). 5. Utility easements shall be a minimum of 12' (twelve feet), /' (Chapter 6, Art. IV, Sec. 6.A). 6. City water will not be supplied for irrigation. Please show /' water source and location on your plans, (City Compo Plan, Policy 3C.3.4). FIRE Comments: 7. Provide for fire hydrants so that no portion of the building / is over two hundred feet (200') away. 8. Note: A more readily accessible hydrant is possible with / a S.W. 8th Street location. Also, water must be available on site before construction begins. 9. Proposed ingress/egress road "by others" shall be /!J substantially constructed before the site is utilized. )JJLJ Thereafter, access (haul road) shall be provided before construction of Burger King begins. POLICE DEPARTMENTS INCLUDE REJECT Comments: 10. Submit for review working drawings for the paved access I connection between S.W. 8th Street and the Home Depot parking lot. Include on the access drawings all required traffic control pavement markings and signage. 11, Submit for review working drawings for the S.W. 8th Street median cut. Include on the median cut drawings the lane co nfig u ration, as previously approved and show all J required traffic control pavement markings and signage. Also, indicate on the plan the name of the use that is served by the curb cut shown on the west side of S.W. 8th Street. / / ( \~ \ '- MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 Motion Mr. Aguila moved to approve the minutes of the October 8, 1996 meeting. Vice Chairman Golden seconded the motion, which carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final Disposition of Last Meeting's Agenda It~ms Ms. Heyden reported the following: · Boynton Festive Center Landscape Appeal - Approved by the City Commission subject to all staff comments. · Boynton Commons PCD Site Plan Approval- The Planning and Development Board recommended that several comments be removed or reworded and a couple be added regarding additional landscaping and screening. Prior to the City Commission meeting, the Fire Department reexamined their comments and deleted the one regarding the access to the rear of the Sports of Authority. With regard to the turning radius behind Bed, Bath and Beyond and the other tenants in that area, there was a typographical error in their memo. It was supposed to say, "diameter", not "radius". Therefore, the plans were acceptable as drawn. However, they still felt they needed rear access to that area. Therefore, the applicant agreed to locate the standpipes at the corner and screen them with shrubs. · Burger King Site Plan Approval - The City Commission approved this subject to all staff comments and recommendations, in addition to the following: · The design elements of the building will be the model for future outparcels in that shopping center. The City Commission wants the mansard extended all the way around the flat roof building. Therefore, we will expect that of Discount Auto Parts and the outparcel to the north of it, which was supposed to be Wal-Mart. Waf-Mart has backed out, so we do not know who that tenant will be. · Boynton Common PCD Parking Lot Variance - Postponed. The variance may not be needed. We are working out some one-way issues on how to get access. 2 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 15, 1996 Mr, Lelanic stated that the tenants are on a quick time frame. The applicant will get as many permits v// as possible for the buildings that a ready to go. t' Vice Mayor Jaskiewicz thanked Mr. Lelanic for the applicant's effort to include the clock tower. In response to Mayor Taylor's question, Mr. Lelanic advised that leases have been signed for the tenants. Motion Commissioner Tillman moved to approve Project B of the Development Plans, Boynton Commons PCD, request for site plan approval to construct a 213,650 square foot retail center including five (5) leased outparcel buildings on 22.885 acres, subject to staff comments and with regard to landscaping and dumpster which will come back to the Commission. Vice Mayor Jaskiewicz seconded the motion. Mayor Taylor confirmed with Commissioner Tillman that his motion deletes Comment #66. Attorney Cherof clarified that this motion will be the rejection of both Comments #1 and 66, and we will substitute a new Commission condition as follows: "That the dumpster location is to be determined in conjunction with the variance hearing." Commissioner Tillman and Vice Mayor Jaskiewicz agreed to Attorney Cherot's additional language. Mayor Taylor also confirmed that the motion includes having the applicant work with the Fire Department to the satisfaction ,of our department. The motion carried unanimously. C. Project: Agent: Owner: Location: Description: Burger King Restaurant. Shoppes of Woolbright PCD Morton Group, Inc. Howard Scharlin, Trustee Northeast corner of SW 8th Street and Woolbright Road SITE PLAN - Request for site plan approval to construct a 2,911 square foot restaurant with drive-through on .918 acres within the Shoppes of Woolbright PCD Mark Ghezzi, of Edward M. Ghezzi, PA, Architects & Planners, 9595 North Kendall Drive, Miami, advised that Mr. Morton was not present. Mr. Ghezzi represents the franchisee for the Burger King. Attorney Cherof administered the oath. Mr. Ghezzi has no objections to any of the comments or conditions. 13 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 15,1996 Ms. Heyden advised that she has had discussions with the departments whose comments were modified by the Planning and Developmef"lt Board. Those comments are #9, #23 and #27. All departments are agreeable to the modifications that were recommended. In addition, the applicant has the color samples with him, Those colors match the colored elevations that were submitted. In response to a question from Vice Mayor Jaskiewicz, Mr. Ghezzi advised that the back of the building faces the Vinings. He showed the Commissioners the elevations. Ms. Heyden advised that there were some comments made at the Planning and Development Board meeting about the fact that the rear elevation does not have the canopy continued all of the way around it. Mr. Ghezzi advised that Burger King does not normally have a mansard roof that continues to the rear of the building. He questioned whether the Commission wishes the applicant to continue the mansard roof or do something to aesthetically improve the building. Commissioner Bradley advised that he is in favor of continuing the mansard roof so that it provides a continuous look. He realized that the Commission "missed the mark" with McDonald's. Mr, Ghezzi advised that continuing the mansard roof would create a design problem because the roof is designed to allow water to flow to the back of the building. He proposed the use of a metal screen similar to the mansard roof that would continue on the rear of the building. He will continue the red tile around the back of the building. It would cost the applicant approximately $30,000 more to extend the mansard roof. In addition, the flow of water off the roof would have to be redesigned. Mr. Ghezzi is sympathetic to the Commission's desire to continue this mansard around the building. He pointed out, however, that this is the "Cadillac of Burger Kings". Normally, Burger King has a wood shake roof. This Burger King will have a metal roof. Commissioner Titcomb advised that he was at the Planning and Development Board meeting and agrees with their recommendation to extend the mansard. Normally, this part of the building would face other back property lines. In this particular case, this building will be viewed on all four sides. He will support a condition to continue the mansard roof on the north elevation. He is concerned about going to a screen-type arrangement because it may not actually match the remainder of the materials. In response to Mayor Taylor's question, Mr. Ghezzi confirmed that the drive-through window will face the west. The applicant has agreed to answer the comments made by the Board relative to the berm. In addition, Mr. Ghezzi agrees with the Commission's remarks relative to the mansard roof. The problem with the mansard roof is how to deal with the water. He told the Commissioners that it may be necessary to put down spouts in the rear of the building to match the color of the building. The Commissioners had no objection to the use of down spouts that match the color of the building. Vice Mayor Jaskiewicz recalled this same type of discussion relative to McDonald's. The Commissioners agreed with the applicant's argument, and regret it. It would have been much more aesthetically appealing if the mansard roof had been continued. 14 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 15, 1996 Commissioner Bradley asked for clarification on the type of sign that will be put in place. Ms. Heyden advised that a proposed pylon sign is shown. However, it will have to meet the approved Sign Program which is currently being reviewed. Commissioner Bradley recalled discussions relative to monument signs. Ms. Heyden advised that when Cracker Barrel was approved, the remainder of the outparcels would have monument signs, Commissioner Bradley remembered Mr. Morton agreeing to that approval; therefore, he expects to see monument signs for the remainder of the outparcels. Mr. Ghezzi advised that during the first meeting with Planning, the applicant was told a pylon sign was included. The applicant was under the impression that a pylon sign would appear on the property. He questioned whether that has now changed in favor of a monument. Ms. Heyden advised that the sign will have to be whatever is approved in the Sign Program. Attorney Cherof advised that the City is no longer bound by the settlement agreement. He recommended that the Commission include a condition to make sure that the design elements will be followed in the next project and any projects that follow. By doing this, it will eliminate a debate each time. If that is the Commission's desire, they should add a condition that reads, "The design elements approved for this site shall be carried forward on all future development within the PCD." Motion Vice Mayor Jaskiewicz moved to approve the request for site plan approval to construct a 2,911 square foot restaurant with drive-through on .918 acres within the Shoppes of Woolbright PCD as per staff comments agreed to and also that as an additional requirement, the design element should be carried forward on all future facilities built on this PCD, and with the condition that the mansard roof be continued on the north elevation. Commissioner Tillman seconded the motion, Mr. Ghezzi asked if he could have immediate access to the roof. He may go internally as opposed to externally. If there is a problem, they can have access to the roof on the outside of the building. The Commissioners were not opposed to this request. Commissioner Bradley pointed out that as each project comes in, we must make sure we check the numbers for the level of service so that we do not wind up with empty parcels in the development. Ms. Heyden advised that there was a master plan modification which came before the Commission and was approved. As part of that master plan modification, a traffic study was required. At that same time, there was a project in the PCD which was coming forward. Mr. Morton had the traffic consultant switch some of the trips from one of the parcels in the PUD to the PCD. Therefore, traffic has been taken care of and they will be well within the allowable trips for the entire project. City Manager Parker Hill questioned whether that will include the church parcel. Ms. Heyden advised that the number of trips will be allowable if the church parcel remains a church. Commissioner Bradley noted that the red color for Burger King is close to that of RaceTrac. He questioned where we stand with Discount Auto. Ms. Heyden advised that staff has not seen plans for Discount Auto. The color chips shown for Burger King seem to be very close to the red on RaceTrac. 15 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 15, 1996 The motion carried unanimously. MAYOR TAYLOR DECLARED A SHORT RECESS. IX. NEW BUSINESS: A. Items for discussion requested by Mayor Jerry Taylor 1. Consideration of privatizing meter reading and utility billing services Mayor Taylor advised that this is an item which was brought up previously. Privatizing these services will require the City to go out with an RFP to see if the City might save money in the area of meter reading. City Manager Parker Hill advised that this is one of the items which was brought to the eitv Commission for consideration during the budget hearings. Staff investigated the City of Hollywooc which recently privatized. They have saved approximately 25% of their budget. Our total budget for these areas amounts to approximately $800,000 and involves 16 employees in meter reading, utility billing, and customer service. At the Commission's request, we would develop an RFP and go out to vendors, This would come back to the Commission with costs, If the costs are higher than our current City budget, it would not be recommended. Vice Mayor Jaskiewicz questioned whether any of the employees involved are long-time employees. City Manager Parker Hill responded affirmatively. Vice Mayor Jaskiewicz inquired as to whether or not they can be absorbed into other areas, City Manager Parker Hill said she would not venture to say that because we do not know what the vacancies will be at any point. We may not have any vacancies available, or the vacancies we may have might not be suitable for these employees. If the Commission wishes to move forward, they would need to consider the worst-case scenario which would be that the City would not be able to absorb them and they would be laid off. If the Commission does not want to consider that situation, then it would not be wise to go out for an RFP, Vice Mayor Jaskiewicz questioned whether or not the firm that is hired would absorb the employees. City Manager Parker Hill advised that on occasion, companies do pick up the employees. We can ask for that in the RFP, but this type of service is dissimilar to others where it is more common to absorb the employees. Many of these companies are more automated than we are, and they may not want to absorb all of our employees. City Manager Parker Hill confirmed for Commissioner Tillman that there are no vacancies at the moment in the areas in question. Mayor Taylor pointed out that if privatizing can save the City 20%, that would amount to $160,000 in savings based on our budget of $800,000. He is open to going out for the RFP to see what comes back. He explained that therp, is no obligation on the part of the Commission by going out for the RFP. Vice Mayor Jaskiewicz agreed with his remarks. She recalled that during the previous discussions, 16 - ~ ._~~-"-_._". ---.--.---------.------------'" ADDITIONAL CONDmONS FROM COMMISSION MEETING 1. The desien elements ~proved for this site shall be carried forward on all future develo.pment within the PCD. 2.. Extension of mansard to north side of bnildine reqpired. 'lI:\LTES PLA:\:\T~G A~D OEVELOP~IE~T BOARD BOY:\TO~ BEACH. FLORIDA OCTOBER 8. 1996 · Comment 47 - ensure that by adding additional landscaping that they provide ample coverage. provide landscaping to buffer the rear elevations of the building, a combination of landscaping and architectural articulation; · Comments 56.59, and 60 - delete; · As much as possible, extend the west decorative wall on the west side of Sports Authority approximately 60 feet to the south where not in conflict with ground structures. and extend the hedge along with it; and · Add a continuous hedge on the west side of Major #4. Mr. Elsner seconded the motion. With regard to comment 32, Chairman Dube stated that the Code was probably written on the basis of the City maintaining the lake. However, the City is not maintaining the lake in this case. Ms. Heyden stated that this requirement is in our platting regulations for all lakes. whether they are maintained by the City or not. She felt if Mr. Lelonek might be able to work out something with the City Engineer. Mr. Lelonek asked if it was possible to delete this condition and deal with the code requirements and Engineering on this item. Mr. Aguila suggested leaving this condition in and that the applicant comply with whatever is worked out. The motion carried 6-0. 2. Project: Burger King Restaurant. Shoppes of Woolbright PCD Morton Group, Inc. Howard SCharlin, Trustee Northeast comer of S. W. 8th Street and Woolbright Road Request for site plan approval to construct a 2,911 square foot restaurant with drive-thru on .918 acres within the Shoppes of Woolbright PCD. Agent: Owner: Location: Description: Michael Morton discussed the following staff comments: Comment 9: Proposed ingress/egress road Hby othersH shall be substantially constructed before the site is utilized. Thereafter, access (haul road) shall be provided before construction of Burger King begins. 15 \lI~l"TES PL\:\:\I:\G A~D DEVELOP'lE~T BOARD BOY:\TO:\ BEACH. FLORIDA OCTOBER 8. 1996 Mr. Morton stated that at the TRC meeting, Mr. Cavanaugh requested that there be a road that he could drive his fire trucks on. Mr. Morton agreed to make a stabilized portion of road which will eventually become a paved access road. The access road would be excavated and shell rock will be put down so that Mr. Cavanaugh would have a stabilized base to put his fire trucks on. Mr, Morton said this comment came about because Mr. Cavanaugh had some difficulty getting the fire vehicles on the Cracker Barrel site. Mr. Morton pointed out that the Cracker Barrel building is set back much further from S.W. 8th Street than the Burger King building. He said this access road will run between the north side of Burger King and the south side of Discount Auto. Comment 23: Building permits will not be issued until access road is completed through first paving lift. Mr. Morton stated that this was never discussed or agreed to at the Technical Review Board, The first paving lift was to come before we received our Certificate of Occupancy. Then the Discount Auto will be constructed on the north side. He would not want to have the second lift in while construction is being done on the second portion because it will be disturbed. Mr. Aguila asked if Mr. Morton is saying that before Burger King opens, and before construction is completed on Discount Auto Parts, that at least the first lift of asphalt will be on the ingress/egress road. Mr. Morton answered affirmatively. He said he will have the first lift on that road before Burger King gets their CO. Mr. Lewicki said this comment came from the City Engineer and the Fire Department. He was at the TRC meeting and distinctly remembers that Bill Hukill saying that building permits will not be issued. There was no issue of CO. There was an issue of building permit issuance for the road. Mr. Morton had no recollection of that and pointed out that it does not make sense. He asked why someone would want to put in an access road before starting construction on the building. Comment 11: Submit for review working drawings for the S. W. 8th Street median cut. Include on the median cut drawings the lane configuration, as previously approved and show all required traffic control pavement markings and signage. Also. indicate on the plan the name of the use that is served by the curb cut shown on the west side of S. W. 8th Street. Mr. Morton advised that he will be submitting these drawings; however, he did not want this to be a condition of Burger King being able to get a site plan approval and a building permit. The Burger King drawings do not show the final median cut. That is being prepared by Mr. Morton's Engineer. The median cut drawing is being reviewed by Mr. 16 ,([~l'TES pL.-\~~ING A~D DEVELOP'IE~T BOARD BOY~TO~ BEACH. FLORIDA OCTOBER 8. 1996 Morton's traffic engineer. Maria Colombo. He did ,lot want this to be a requirement of Burger King. Chairman Dube asked if that cut is going to be made before Burger King opens. Mr. Morton answered affirmatively. He said Cracker Barrel decided that they do not want a left turn lane into the south entrance. Therefore, there will be a southbound left turn lane into Burger King. There will not be a northbound left turn lane at that median opening. Mr, Rosenstock asked if anyone has done a traffic count for that street. Mr, Morton advised that he submitted a complete traffic study less than six months ago as part of the Cracker Barrel approval. Comment 27: Any roof top equipment will have to be screened from view at a distance of 600 feet. If such eqUipment is planned. indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 feet from the building. Take into consideration the elevation change on the 1-95 westbound ramp (Woolbright Road). Mr. Morton stated that there will be 600 feet from any other direction, but this cannot be done coming off of 1-95. Comment 30: 8. Within the required landscape buffer screening the entire drive-through lane shall contain a minimum two foot tall earth berm meeting the specifications as described in LOR. Chapter 9, Section t1.H.5. Provide required berm and indicate its location on sheet Cot. site plan. Mr. Morton did not know exactly what this comment meant. He stated that there is a landscape plan that runs along 8th Street, and that is the only landscaping that would possibly screen the property. He said a 2 foot berm is not a problem. However, he wanted to clarify that staff is not looking for anything else that is major along there. Ms. Heyden stated that this is part of our drive-thru ordinance and it talks about a requirement for a 2 foot berm, with landscaping, and it mentions trees and understory. Mr. Morton said a landscape plan has been submitted for that particular portion. He asked if that landscape plan has been reviewed. Mr. Lewicki advised that it has been reviewed, but it did not contain the required berm of 2 feet in height. Mr. Morton had no problem with revising the landscape plan to add a 2 foot height berm and some additional screening materials. 17 'lI~TTES PL.-\NNING A:\fD DEVELOP'IENT BOARD BOYNTON BEACH. FLORIDA OCTOBER 8. 1996 Comment 37: The approved master plan requires that two deceleration lanes be provided for vehicular traffic on S. W. 8th Street as it approaches the access road to the subject propeny from the north and the south. Alter the median within S. W. 8th Street to reflect these requirements of the master plan. Mr. Morton would like to hold this comment in abeyance because the median plan will show a deceleration lane coming southbound, and the northbound deceleration lane is being eliminated because there is no left turn. He believes his engineer will have the plan sent to Engineering tomorrow. Chairman Dube asked if both these comments be all right if they were subject to the CO of Burger King. Ms. Heyden stated that we need to look into comment 37 and see exactly how the condition was on the master plan, If this is the submittal she is thinking of, it was also tied to a traffic study which at that time had not been turned in. Mr. Morton stated that when these deceleration lanes were discussed during the Cracker Barrel submission, Bill Hukill and Mr. Morton's traffic engineer agreed that if a deceleration lane was needed northbound, it would be included, and if one was needed southbound, it would be included. The final determination was to be made by Bill Hukill. Mr, Morton decided to put in the southbound deceleration lane, which he felt would probably resolve this issue. Mr. Aguila commented that the site is jammed. He said this is a typical Burger King and does not say anything. It concerned him that the north elevation, which is going to be highly visible from the north and by people using this center, is the ugliest, plainest, unornamented elevation on the building. To him, Burger King has never stood for quality. It is just another hamburger joint. He would like the mansard roof continued around to the north elevation. Mark Ghezzi is the architect for the Burger King project. He could not comment on the philosophy of the design, but he said it comes from many years of thought at the corporate office. He was sensitive to what Mr. Aguila was saying; however, he pointed out that realistically, it is a Burger King. He stated that the corporate offices try their best to satisfy the aesthetics of each community. With regard to the site orientation, he was sympathetic. He stated that as an architect, he has a client who wishes to have certain aspects of the building because he is looking to bring the customer in. His client felt this orientation was the right way to go, business wise. He stated that aesthetically, this will not be a typical Burger King because it will have a beautiful bronze metal roof. i8 'II~CTES PL-\~~I~G A~D DE\'ELOP'tE~T BOARD BOY:\TO~ BEACH. FLORIDA OCTOBER 8. 1996 Mr. Aguila realizes that this is a small site and there is not a lot that can be done. However. he pointed out that if you park on the west side of the building, you have to walk across the drive aisle and the drive-through aisle to get to the side of the building that has a door. There is no access to the building on the side where half of the parking is. He said he has dealt with Waffle House, Checkers. Winn Dixie, and Walgreens at the corporate level and at the design level and they can be convinced that it is in their best interests. as well as the City's. to do a little more so that the back of the building that has such a prominent view does not look like the back of the building. Motion Mr, Wische moved to approve Burger King's request for site plan approval to construct a 2.911 square foot restaurant with drive-thru on .918 acres within the Shoppes of Woolbright PCD. subject to all staff comments. Mr. Elsner seconded the motion. The motion was clarified as follows: . Comment 9 - The applicant must stabilize rock at the beginning of construction. He will have to do that after he gets his permit. . Comments 11, 19 and 37 - will be agreed upon before Burger King opens. These comments will be addressed when the applicant submits the drawings for the S.W. 8th Street median cut. . Comment 23 - only the first lift of asphalt has to be provided before the Burger King CO; and . Comment 27 - the applicant does not have to screen the ramp from 1-95. The motion carried 5-1. Mr. Aguila cast the dissenting vote. He felt we need to do something with the north elevation. He pointed out that it is a very dominant, visible elevation. c. Other Parking Lot Variance 1 . Project: Agent: Boynton Common PCD Land Design South 19 .... MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Mr. Campanile advised that there are two entrances into Cracker Barrel - a norlr one and a south one. One of the comments asked for a tum lane to ttiesouth entrance. JI.rt a turn lane already exists at the north entrance. Mr. Morton added that the first lei 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 protEns. Mr. Morton agrees with the northbound left. He does not disagree with any of the camments; however, he wants to review this with staff and the traffic engineer. They agree with anything that is public safety, and will instaU 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. TlYing to fit both turn lanes will cause more of a problem. If it can be done, Mr. Mortell 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 Dubs 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 not1he 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-throu~ lane as part of the approval. Mr. Morton said there was a plan that showedi,Surger King .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 ~ed up. That will be cleaned up prior to this application going to the Commission. Ms. Heyden clarified that when the gas stanCIl was approved, the boundary, as it wrrently 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