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LEGAL APPROVAL I I I MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 VII. PUBLIC AUDIENCE: David Beasley, 515 S. W. 2nd Avenue, asked when the proposed change in the code regarding auto body repair in an M-1 zoning district will take place. City Attorney Cherof advised that this item will be discussed at the next Planning and Development Board meeting and then at the July 5, 1994 City Commission meeting. Mayor Hanmening added that the City needed time to advertise. Raychel Houston, 600 N. W. 10th Court, made the Commission aware of some of the problems that have arisen during the Costa Bella project. A couple of the driveways that have been poured have dips in them and hold water. Big chunks were gouged out of the sidewalks. She advised that the supervisor of this proj- ect has assured her that these things will be taken care of; however, she wanted to make the Commission aware of them and be assured that this is all going to be made right. Commissioner Aguila asked if the City requires contractors to videotape existing conditions before starting road work, street improvements or drainage. City Manager Parker advised that this is the City's nonnal policy. She will check to see if this has been done. Commissioner Aguila stated that anything they repair needs to be as good or better than how they found it. He stated that Johnson and Davis is a very reputable finm and tend to make things right. He assured Ms. Houston that they will take care of her and her neighbors. Mayor Harmening stated that we will try to take care of this. It seemed to Mayor Harmening that the engineer who originally designed Costa Bella owes the City about $12,000. City Attorney Cherof advised that we are waiting for the calculation of all of the damages that have occurred. Mayor Hanmening requested him to pursue this matter vigorously. Joleen Rasmussen, 508 N. W. 10th Court, stated that the workers and employees have been very courteous and cooperative. She stated that videotaping has been done. She mentioned that the Houstons' driveway will be cut and ground. Mayor Hanmening stated that this would expose the aggregate and it will not look the same. City Manager Parker advised that yesterday she asked the City Engineer to look at this particular driveway. She has not yet received his report. NO ONE ELSE WISHING TO SPEAK, PUBLIC AUDIENCE WAS CLOSED. VIII. DEVELOPMENT PLANS: A. Consent Agenda - Unanimously Approved by Planning & Development Board 1. Project Name: Agent: Owner: Location: Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road - 10 - I I . MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 Description: PARKING LOT VARIANCE: Request for relief from Article X - Parking Lots, Section 5-142(h)(5) - Distance from a right-of-way line to the inter- section of an interior access aisle. Motion Vice Mayor Matson moved to approve the parking lot variance request for relief from Article X, Parking Lots, Section 5-142(h)(5), distance from a right-of way line to the intersection of an interior access aisle for McMillen Development, Inc., Great Western Bank. Commissioner Katz seconded the motion, which carried 5-0. Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road LANDSCAPE CODE: Request for relief from Article II - Landscape Code Section 7.5-35(d) & (e) - Interior lot line and right-of-way landscaping. Commissioner Katz advised that he attended the Planning and Development Board meeting. At that meeting, one of the Board members pointed out that there are seventy-four extra parking spaces and he desired additional landscape pods be installed. (This was discussed further under Item VIII.B.1). 2. Project Name: Agent: Owner: Location: Description: In response to Commissioner Katz, Commissioner Aguila stated that if there were ten islands as opposed to seven, the trees may not grow well because they would be spaced too close to each other. Motion Commissioner Aguila moved the approval of the landscape relief from Article II, Landscape Code, Section 7.5-35(d) and (e). Vice Mayor Matson seconded the motion, which carried 5-0. B. Non-Consent Agenda - Not Unanimously Approved by Plann1ng & Development I Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road SITE PLAN: Request for site plan approval to construct a 104,018 square foot retail center with two (2) leased outparcels. Tambri Heyden, Planning and Zoning Director, stated that this was approved for a shopping center. It comprises a main building and two leased outbuildings 1. Project Name: Agent: OWner: Location: Description: - 11 - ~ I I + MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA MAY 17. 1994 which are projected to be restaurants. The main building will be approximately 88,818 square feet, and each leased outparcel will be 7,600 square feet. Four two-way driveways are proposed. Only one of them has direct access off of the main thoroughfare to the site. The rest of them are through access easements through the mall or through cross access through Great Western. There are 595 parking spaces, which is a surplus of seventy-four parking spaces. Ms. Heyden displayed the elevations which have been submitted for the main building. It is a split face block finish and is in the modern district. The color scheme is basically medium grey and peach. The architectural design is lacking one window treatment and one wall accessory. The Planning and Development Board voted 4 to 2 to recommend approval, subject to staff comments, with the exception of Police comment number 3, and subject to the street lighting fee being paid prior to submission of the first building permit. They also recommended that staff and the developer evalute the feasibility of erecting a "no left turn" sign at the intersection on the west side of the driveway that was requested for a parking lot variance. It was Ms. Heyden's opinion that the intent of the Code is to allow as much stacking as possible. Since they are providing two separate lanes to egress the site, a "no left turn" sign would force traffic through the site, back up to the north. This did not seem practical to her. Ms. Heyden advised that the Board also recommended that a landscape island be added where there are in excess of twenty parking spaces in a row. Staff evalu- ated this and predicted that about twenty-four parking spaces would be lost. Commissioner Aguila noticed that there is a recommendation to develop a sign program for review. He asked if this is usually the policy. He felt this should be a condition of approval. Ms. Heyden advised that it is not clear in the Code. Commissioner Aguila asked if the applicant has agreed to bring for- ward a sign package. Ms. Heyden answered affirmatively. Commissioner Aguila asked if the twenty-two foot wide, two-way driveway adjacent to the loading zone in the back of the two restaurants is acceptable per Code. Ms. Heyden answered affinmatively. Commissioner Aguila stated that the landscape island on the right is only three feet with a seventeen foot parking stall and a light fixture at the end of the parking stall. He felt people would hit the pole there and that that island should be no less than five feet. I Attorney Jill Jarkesy represented McMillen Development. She pointed out that this site plan approval is for the entire site. However, the restaurants involve conceptable approval and she would have to return with elevations for site plan approval. Ms. Jarkesy stated that the applicant has entered into leases with two national tenants and that they require a minimum of five parking spaces per 1,000 feet. The applicant tried to put the parking around each restaurant so that people would not have to park far away and walk across main medians. The applicant has exceeded the City's Code; however, he barely met the minimum requirements of the national tenants. Ms. Jarkesy said she is authorized to add additional land- scaping, but not to reduce parking. - 12 - I I ~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 Commissioner Aguila was concerned with the layout of the parking. He pointed out that people can drive from Old Boynton Road at an angle across all the parking spaces to the Boynton Beach Mall access road. He felt every other hori- zontal run where cars would head into needs to be broken. He felt three lengths of green area could be added without affecting the parking a great deal. This would help with site drainage and soften the appearance of the asphalt. The applicant can adjust the landscape islands on the north end and gradually taper it down. Ms. Jarkesy agreed that if this works without loosing parking spaces. it will be done. Commissioner Aguila informed Ms. Jarkesy that if built as shown. the only alter- native is to make the restaurants smaller. Ms. Jarkesy was aware of this. She agreed to return with a sign package for review by the City and the Planning and Development Board. Commissioner Katz asked if Commissioner Aguila's proposal would accommodate more trees. Commissioner Aguila answered affirmatively. Commissioner Katz asked if the applicant would be willing to plant more trees there. Ms. Jarkesy was willing to plant more trees as long as the parking is not reduced. In response to Commissioner Katz. Ms. Jarkesy confirmed that the tenants will not come into Boynton Beach if parking spaces are reduced. Vice Mayor Matson was not in favor of sending a negative message to people who want to do business in Boynton Beach. She felt they should be accommodated, not chased out. She referred to the removal of the Tamarind trees along Congress Avenue for utility lines and asked the City Forester if he has any problem with that and if he is going to work within Florida Power and Light guidelines. Ms. Jarkesy answered affinmatively and stated that there is a note to this effect on the landscape plan. Motton Commissioner Agulia moved to approve the Boynton Festive Center site plan as submitted, per staff comments and per the comments that were made here this evening by the City Commission. Vice Mayor Matson seconded the motion, which carried 5-0. 2. Project Name: Agent: Owner: Description: Qua 11 Run V11 1 as (aka Quail Lake West PUD Phases II & III) John Wheeler, Caulfield & Wheeler Engel Homes PRELIMINARY PLAT: Request preliminary plat and construction plan approval for 176 townhouse lots, infrastructure and amenities. I City Manager Parker advised that this is a request for preliminary plat and construction plan approval for the remaining Phases (II and III), to be known as Quail Run Villas of the Quail Lake West PUD. located east and west of S. W. 26th Street, south of Woolbright Road. The request is a replat of a portion of a - 13 -