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Minutes 10-28-03MZNUTES OF THE REGULAR PLANNTNG AND DEVELOPMENT BOARD MEETZNG HELD TN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORZDA, ON TUESDAY, OCTOBER 28, 2003 AT 6:30 P.M. Present Lee Wische, Chairman Bill Cwynar, Vice Chair Sergio Casaine Mike Friedland Woodrow Hay 3ames MclVlahon Steve Myott Bob Ensler, Alternate Mike Fitzpatrick, Alternate David Tolces, Assistant City Attorney Michael Rumpf, Planning & Zoning Director z. Pledge of Allegiance Chairman Wische called the meeting to order at 6:33 p.m. and led members in the Pledge of Allegiance to the Flag. IT. ]ntroduction of the Board Chairman Wische introduced the Board members, Assistant City Attorney Tolces, and staff. III. Agenda Approval There were no changes, additions, or deletions to the agenda. Motion Vice Chair Cwynar moved to approve the agenda as submitted. The motion was seconded by Mr. Hay and carried 7-0. IV. Approval of Minutes of September 23, 2003 There were no changes to the minutes. M0tiQn Mr. Friedland moved to approve the minutes as submitted. The motion was seconded by Vice Chair Cw/nar and carried 7-0. V. Communications and Announcements A. Planning and Zoning Report Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 Mike Rumpf, Planning and Zoning Director, gave a report of the actions that were taken by the City Commission on items previously considered by the Planning and Development Board. items. Final Disposition of the September 23, 2003 Planning and Development Board Mr. Rumpf reported on items heard by the City Commission at the October 2, 2003 meeting. Griffith Variance - approved. Bethesda Memorial Hospital major site plan modification and height exception - approved. Safe & Secure new site plan - approved. :[nterstate Sign Crafters' new site plan - approved. Attorney Tolces administered the oath to all persons who would be testifying at the meeting. V:[. Old Business A. Abandonment 1. Project: Agent: Owner: Location: Description: L. A. Fitness (ABAN 03-010) Derek Vander Ploeg, Vander Ploeg & Associates, :[nc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement Chair Wische asked if the applicant agreed with the one staff condition of approval. 3ody Brinkman, Winston Lee Associates, 1532 Old Okeechobee Road, West Palm Beach, stated that the applicant understood and agreed with the staff comment. Maxime Ducoste-Amedee, Planner, stated that staff recommended approval of the request. Chair Wische opened the Public Audience and closed it when no one wished to speak. There was no discussion on the Board. Motion Mr. Hay moved to approve L.A. Fitness' request for abandonment of a public utility easement as detailed in the Staff Report dated September 2, 2003, subject to any comments by staff. Mr. Casaine seconded the motion that carried 7-0. B. Maior Site Plan Modification 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 1. Project: Agent: Owner: Location: Description: L. A. Fitness (MSPM 03-007) Derek Vander Ploeg, Vander Ploeg & Associates, :[nc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for major site plan modification to replace an existing movie complex with a 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail space on 6.27 acres in the C-3 zoning district. Chair Wische asked the applicant to state his position on the 24 staff comments and to talk about any of the 24 comments with which he disagreed, or on which he needed clarification. Derek Vander Ploeg, 155 East Boca Raton Road, Boca Raton, stated that they had reviewed all 24 comments and agreed with all of them. Eric Johnson, Planner, stated that staff recommended approval of the project. Chair Wische opened the Public Audience and closed it when no one wished to speak. At Mr. Myott's request, the artist's renderings were distributed to the Board members. Mr. Myott complimented the applicant on the design. Mr. Friedland asked if all sign issues had been satisfactorily resolved and the response was affirmative. Mr. Myott inquired what the retail space upstairs would be used for and the applicant responded that it would most likely be used for additional gym space. Motion Mr. Casaine moved to approve L. A. Fitness' request for major site plan modification to replace an existing movie complex with a 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail space on 6.27 acres in the C-3 zoning district, subject to all staff conditions and comments. Mr. Friedland seconded the motion that carried 7-0. VII. New Business A. Zoninq Code Variance 1. Project: Agent: Owner: Location Buyer's Tnvestment Group (ZNCV 03-018) Alan D. Menster, Buyer's :[nvestment Group, LTD, Inc. Alan D, Menster S.VV. 4m Avenue 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-I-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of sixty (60) feet to allow a twelve (12) foot variance, resulting in a forth-eight (48) foot frontage for a proposed single-family residence within the R-I-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five (5) foot side yard setback for a proposed single-family residence within the R-i-A single family zoning district. Attorney Tolces advised that the Board would have to have three separate motions to address each of the requests, but that they could hear the case all at one time. Chair Wische read the requests. Maxime Ducoste-Amedee, Planner, stated that staff recommended approval of the variances, based on the investigation detailed in their staff report dated October 20, 2003. Mr. Myott asked to see color pictures of the house and pictures were distributed to the Board members. Chair Wische opened the public audience. Carol Frontwell, 713 S.W. 3'd Avenue, Boynton Beach, stated that she was interested in this case because she lives a few doors down from the property and has a yard of similar size. In the years to come, she might wish to do something similar. Chair Wische closed the public hearing when no one else wished to speak. Mr. Casaine commented that the paperwork before the Board called out square footage of 1,740 versus the 1,760 the applicant was not speaking about. Mr. Ducoste-Amedee stated that the applicant would be "bumping out" the rear of the proposed residence to gain 80 square feet, but this would not impact the variances at all. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 Mike Fitzpatrick, alternate Board member, referred to the Board's previous denial in a similar situation on a non-conforming lot. He thought the Board should deny this request also. He also asked why it could not be a two-story house instead so they could keep the correct setbacks. Mr. Rumpf recalled the case but not staff's recommendation. Mr. Rumpf stated that the case before the Board was unique in that it was a leftover lot in an area where all the other lots in the neighborhood were built out. This lot is just a few feet shy of the original platted dimensions. Motion Mr. Freidland moved to approve Buyer's ~[nvestment Group's request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-1-A single family zoning district, having met the criteria in the Land Development Regulations pertaining to granting variances, and subject to all staff conditions and comments. Mr. Casaine seconded the motion that carried 7-0. Chair Wische opened the Public Hearing on the second part of this request, and closed it when no one wished to speak. Motion Vice Chair Cwynar moved to approve Buyer's Tnvestment Group's request for relief from the City of Boynton Beach Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of sixty (60) feet to allow a twelve (12) foot variance, resulting in a forth- eight (48) foot frontage for a proposed single-family residence within the R-1-A single family zoning district, subject to all staff comments and conditions. Mr. Hay seconded the motion that carried 7-0. Chair Wische opened the Public Hearing on the third part of this request, and closed it when no one wished to speak. Motion Mr. Hay moved to approve Buyer's Tnvestment Group's request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five (5) foot side yard setback for a proposed single-family residence within the R-1-A single family zoning district, subject to all staff comments and conditions. Vice Chair Cwynar seconded the motion that carried 7-0. Project: Agent: Owner: Location: Description: Monahan & Monahan (ZNCV O3-020) Sean Monahan Sean Monahan 703 W. Boynton Beach Boulevard Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5 Environmental 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 Regulations Article ]::[, Landscape Code, Section 5.D., requiring a 7-foot wide landscape buffer adjacent to a public right-of-way, to allow a 2-foot 10-inch-wide landscape buffer, and a variance of 4-foot 2 inches for a commercial office building in a C-2 zoning district. Chair Wische advised the applicant that staff had recommended denial of this request and asked for his feedback. Sean Monahan, 7664 Colony Palm Drive, Boynton Beach and his architect, Dale I~leaux, AP:[ Group, :[nc., 111 East Palmetto Park Road, Boca Raton, came to the podium. The site plan application for this property was reviewed and approved by the Planning and Development Board on July 23, 2002. The application proposed to construct a one-story office building totaling 1,809 square feet. When approved, this project provided more than the required parking space. A total of 9 parking spaces were proposed, including one handicap space. ]:n an attempt to meet the new parking space standards of 9.5 feet wide by 18.5 feet long, the applicant redesigned the northern row of parking, resulting in the encroachment of parking space in the required landscape buffer. Staff feels that the spaces should be redesigned to the previous standard width of nine feet, or reduced by one space to avoid this encroachment. The applicant wanted to square up the appearance of the building and came to the Planning and Zoning staff and asked to move the handicap parking space from the area adjacent to the building to the area across from the building and staff granted this request. Staff stated that this was an administrative issue and that they could rule on it. The applicant stated that they had spent money and time in making this change and that the City had recently called them to state that they were sorry, but the parking space would have to be moved back to its original location. The applicant wishes to retain the new building layout (post approval for handicap space). They felt they were getting a runaround from the City on this issue. They believed they have a hardship and need relief by having the variance granted or by having the amended layout approved, so they could move forward with their project. Mr. Rumpf stated that someone on his staff had indicated that Mr. Monahan's change of location for the handicap parking space was approved. However, upon review of that change by the person in the Building Department who handles Americans with Disabilities requirements, it was determined that the change should not have been allowed and that the handicap parking place needed to be placed in the space nearest to the building. Mr. Rumpf drew attention to the staff report in which the comment was made that if the variance were to be supported by the Commission, staff would strongly recommend that landscaping materials be maximized in the buffer provided, as well as along the south sides of the accessible space, in an attempt to meet the screening intent of the landscaping regulations. The applicant expressed willingness to do this. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 Mr. Rumpf referred again to the slight encroachment into the parking area from the applicant's attempt to increase the size of the parking spaces, and requested that the parking spaces be changed to their originally approved 9-foot widths, and the applicant agreed. The Board was concerned about staff's denial of the project and the comfort level of staff if the Board approved it. Mr. Rumpf replied that in the event of approval, he would want to maximize the implementation of the City's Land Development Regulations, including additional landscaping to meet the intent of the landscape code. The City Commission will make the final decision. Motion Mr. Casaine moved that Monahan & Monahan's request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5 Environmental Regulations Article TT, Landscape Code, Section 5.D, requiring a 7-foot wide landscape buffer adjacent to a public right-of-way, to allow a 2-foot 10-inch-wide landscape buffer, and a variance of 4-foot 2 inches for a commercial office building in a C-2 zoning district be approved, providing that the applicant adheres to the increased landscaping requested by staff and mutual agreements with staff at this meeting. Vice Chair Cwynar seconded the motion, but added that the additional landscaping would apply only to the 18 feet on 7th COUrt and not the entire west property line. Mr. Casaine agreed to this amendment. The motion carried 7-0. B. Site Plan Time Extension Project: Agent: Owner: Location: Description: Monahan & Monahan (SPTE O3-O04) Dale Meaux, APT Group, Tnc. Sean Monahan Boynton Beach Boulevard & NW 7t~ Court Request for a one year site plan time extension to August 6, 2004, for a one-story professional office building totaling 1,838 square feet on a 0.22-acre parcel in the C-2 zoning district. Ed Breese, Principal Planner, stated that the staff report was self-explanatory, but he would be happy to answer questions. Chair Wische opened the Public Hearing, and closed it when no one wished to speak. Motion Mr. Friedland moved to approve Monahan & Monahan's request for a one year site plan time extension to August 6, 2004, for a one story professional office building totaling 1,838 square feet on a 0.22-acre parcel in the C-2 zoning district. Mr. Hay seconded the motion that carried 7-0. C. Code Review 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 Project: Owner: Description: Sign Code Amendments - Sign Heights (CDRV 03-004) City-initiated Request for amendments to the Land Development Regulations, Chapter 21, Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type. Ed Breese, Principal Planner, stated that staff was constantly faced with sign issues when reviewing site plans. City code currently allows pylon or pole signs to be 20 foot in height, which is a very tall sign. Staff has been successful in negotiating with developers to bring their signs down to 8-12 foot high monument or ground signs. Recently, the developers are more reluctant to choose the monument signs and want the currently allowed pole signs instead. The City will be doing a complete re-write of the sign code and will bring it before the Board in about six months. Rather than wait for six months, staff is requesting an immediate code amendment to the section(s) of the sign code regulating freestanding signs. Staff believes that the proposed amendments are needed to codify regulations that represent the City's current image and vision. Realizing that a city cannot have one regulation that fits all circumstances, staff is proposing to: 2) 3) 4) s) 6) 7) 8) Eliminate pylon sign as an allowable sign in the sign code. Add the definition of monument sign Amend definition of freestanding sign Add a requirement of all new freestanding signs that the numerical address be an integral and prominent part of the sign Allow a monument sign not exceeding 15 feet in height for a shopping center or mall of at least four acres in size that has multiple tenants. Allow only monument signs for all single and multiple tenant sites under four acres. On roadways of 6 travel lanes or greater, a monument sign may not exceed 12 feet in height. On roadways of 4 travel lanes, a monument sign may not exceed 8 feet in height. On roadways of 2 travel lanes, a monument sign may not exceed 6 feet in height. Special circumstances may justify a further reduction in sign size. ]:n the CBD, the only type of freestanding sign allowed should be a monument sign that shall not exceed 5 foot in height. The suggested changes recommended above do not supersede the sign programs adopted as part of the approval process for existing PCD and P]:D projects. Pending redevelopment planning efforts may lead to zoning and signage regulations tailored specifically to certain developments or corridors, which would supersede the code provisions recommended above. The proposed amendments are designed for new development applications and extensive major site plan modifications. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 Mr. Breese showed pictures of each sign type to the Board. The City does not intend to create a mechanism for the City to systematically eliminate non- conforming signs, but once a sign is damaged in excess of 50% of its original value, it shall be made to comply with all the requirements of the code. Board Comments Mr. Cwynar commented that since he was in the sign business, he thought 15 feet was too high and 5 feet in the CBD was too Iow, in light of the height of vehicles. A 5-foot sign would be hard to see while sitting in a vehicle that is raised up about 56 inches. Numerous accidents are caused by people trying to read signs. Mr. Cwynar suggested that the City either raise the 5 foot a bit or insert a requirement of the address to be in the top 12 inches of the sign with letters about 8 inches high. He referred to Boca Raton, which had declared a maximum sign height of 7 feet throughout the City. He thought that 7 feet was too Iow and that actually, 12 feet might be about right. Mr. Breese said that staff would be glad to consider these suggestions. Mr. Cwynar announced that he would abstain from voting since he was in the sign business. Mr. Fitzpatrick asked Mr. Breese what studies staff was reviewing, whether monument signs were visible and at what distance. He had seen people switch lanes to see signs and that was definitely a concern. Mr. Breese indicated that they were currently looking at the various sign bodies that are out there. If they run across anything that would lead them to have a taller sign, they will make that recommendation. At this point, he was not aware of anything of that nature. Mr. Fitzpatrick felt that pole signs were ugly but he did not have a problem with masonry pillars or columns. He asked what would happen in a project that had different building phases a year or so apart. Mr. Breese responded that normally, when staff approves a project in phases, everything that will be done is indicated on both phases - it is just that one starts now and one starts later. They still have an approval. If the approval has the pole sign, they would be approved with the pole sign. Chair Wische opened the Public Hearing. Herb Suss, citizen of Boynton Beach, stated that Woolbright Plaza had been approved with two 12-foot monument signs. Since a wall will be constructed in back of the property, the 12- foot high signs are going to be six feet over the wall. He asked that the signs be reduced in height to 6 - 8 feet, since construction had not yet begun. Attorney Tolces indicated that this Board did not have the authority to overturn a decision by the City Commission, who had already approved the plans for this project. Mr. Suss asked if the homeowners had any recourse, and Attorney Tolces stated that this would have to be a private matter between the homeowners and the property owners in Woolbright Plaza. Mr. Hay asked staff what height they were considering for the numerical portion of the signs. Mr. Breese stated that the Fire Department requires that the numbers be two to three inches high. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2003 Chair Wische closed the Public Hearing. Mr. Casaine commended staff for the work they had done on signs. Mr. Hay asked if a sign owner wanted to change his or her existing signs to match the new code whether that would be permitted. Mr. Breese stated yes, and they could do that under the current code as well. Notion Mr. Freidland moved to approve the City-initiated request for amendments to the Land Development Regulations, Chapter 21, Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type. Mr. Hay seconded the motion that carried 6-0, Mr. Cwynar abstaining due to a stated conflict of interest. The form is on file with the original minutes. VIII. Comments by Members Mr. Fitzpatrick referred to the Board asking staff to do research on 1) the proper mechanism to address alleged improper conduct by Board members concerning issues relative to the Board, and 2) how to define improper conduct for Board issues. Attorney Tolces stated that with respect to actions taken by Board members, the proper form would be to address the matter to the City Commission. There are also statutory avenues available if any individual chooses to question any actions of any elected or appointed official whether of any local, County, or State office. He suggested that these would be better forums in which to raise these issues as opposed to at this Board. IX. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 7:54 p.m. Respectfully submitted, Susan Collins Recording Secretary (102903) 10