Minutes 08-28-01MEETING MINUTES OF THE PLANNING & DEVELOPMENT BOARD HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
TUESDAY, AUGUST 28, 2001 AT 7:00 P.M.
PRESENT
ALSO PRESENT
Steve Myott, Acting Chairman
William Cwynar
Edward Currier, Alternate
Michael Fdedland, Alternate
Michael Fitzpatrick
Woodrow Hay
Maurice Rosenstock
Robert Ensler (came in approximately 7:15 p.m. and did not vote but did participate.)
David Tolces, Assistant City Attorney
Michael Rumpf, Planning & Zoning Director
Lusia Galav, Principal Planner
Eric Johnson, Planner
ABSENT
Lee Wische, Chairman
1. Pledge of Allegiance
In the absence of Chairman Lee Wische, Steve Myott acted as Chairman and called the
meeting to order at 7:00 p.m. The Pledge of Allegiance to the Flag followed.
2. Introduction of Board Members
Mr. Myott introduced the Board members and City staff.
Assistant City Attorney Tolces administered the Oath to all who planned to testify at the
meeting.
3. Agenda Approval
Motion
Mr. Rosenstock moved to approve the agenda as presented. Mr. Hay seconded the
motion that carried unanimously.
4. Approval of Minutes of July 24, 2001 Meeting
Motion
Mr. Rosenstock moved to approve the minutes as presented. Mr. Hay seconded the
motion that carried unanimously.
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August28,2001
5. Communications & Announcements
A. Planning & Zoning Report - M. Rumpf, Planning & Zoning Director
Final disposition of the July 24, 2001 Planning & Development Board
meeting items and the results of theSe agenda items at the City
Commission meetings on August 7 and August 21:
(a)
(b)
(c)
(d)
Marie Premier rear setback variance was denied
Quantum Park Lots 73A-76 was approved
Sprint Cellular Tower at Hester Park was approved
Abandonment for drainage easement between Lots 59 and 60
of Quantum Park was approved on first reading.
Mr. Rumpf asked the Board if they wished to change the date of their next meeting due
to a conflict with High Holy Days. After discussion, the Board decided to move their
meeting from Tuesday, September 25 to Monday, September 24.
6. New Business
A. PUBLIC HEARING
Variance
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Kervern Swimming Pool Variance
George Kervern
George Kervem
2522 S.W. 12th Street
Request relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, Zoning Regulations, Section 1,
Supplemental Regulations, E., to place a
swimming pool at four (4) feet from the rear
property line in lieu of the eight (8) feet
required by Code for a single-family
residential dwelling in a R-l-AA zoning
district.
Mr. Rumpf reported that this was a request to allow a swimming pool four feet from the
rear property line in lieu of an eight-foot requirement, in an R-l-AA zoning district. Staff
recommended approval with no conditions.
Motion
Mr. Rosenstock moved to approve the request of George Kervern to allow relief from the
City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Regulations,
Section 11, Supplemental Regulations, E., to place a swimming pool at four (4) feet from
the rear property line in lieu of the eight (8) feet required by Code for a single-family
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Meeting Minutes -
Planning & Development Board
Boynton Beach, Florida
August 28, 2001
residential dwelling in an R-l-AA zoning district. Mr. Friedland seconded the motion that
carried unanimously.
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Medical Pavilion
Chris Kerr, Kilday & Associates, Inc.
Bethesda Health Care System
2800 Seacrest Boulevard
Request relief from City of Boynton Beach
Land Development Regulations, Chapter 2,
Zoning, Section 6, A.3, to allow a three (3)
foot variance above the maximum building
height of 25 feet allowed by Code for a
building on a parcel zoned C-1. (Withdrawn
and replaced with Code Review).
Ms. Galav reported that the applicant had originally requested a variance for this and it
was Staff's recommendation to change it to a Code Review so Item 2 was withdrawn. It
was left on the agenda because it had been noticed to the public.
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Medical Pavilion
Chris Kerr, Kilday & Associates, Inc.
Bethesda Health Care System
2800 Seacrest Boulevard
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, Zoning, Section 11, H.16.D. (19),
requiring a ratio of one (1) parking space
per 200 square feet of gross floor area and
146 spaces to allow for use of the ratio of
one (1) parking space per 210 square feet
of gross floor or 139 spaces, which is a
reduction of seven (7) spaces required for a
medical office building on a parcel zoned
C1.
Ms. Galav gave an overview of the project, saying that the applicant was going to
demolish the three buildings on the site and build one medical office building. With that
redevelopment, the applicant is requesting a parking variance to allow a ratio of one
parking space for every 210 square feet, a reduction of seven parking spaces from the
current requirements. Staff reviewed this request and recommended approval. They
are asking for a variance for parking and a height exception for that portion of the
building represented by the architectural feature at the front entrance. The other request
is the Code Review, which deals with changing the height in a C-1 district from 25 to 30
feet and allowing parapets to be included in the height exception category of the Code.
If the Code Review is approved, and those two items will have to be approved by
Ordinance, the parapet cannot be exempted because it was not included in the height
exception portion and they would have to come back for that.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Flodda
August 28, 2001
Mr. Rosenstock asked if this project would be brought back before the Board at any
time, with the exception of the parapet request, and Ms. Galav repJied that it would not.
Mr. Myott asked if staff's rationale for recommending approval of the parking variance
was due to an expectation of using parking currently available at Bethesda Memodal
Hospital or whether the demand for parking for this kind of tenant was lower than the
Code required? Ms. Galav said they didn't assume that they would be able to park
anywhere else. The nature of the site was such that the reduction seemed insignificant.
Mr. Fitzpatrick stated he worked for the Fire Department and wanted to know where they
would be bringing patients for the Emergency Room. Mr. Kerr indicated that the Fire
Department should use the fire lane at the front entrance that would always be open.
MesSrs. Fdedland and Rosenstock asked to see a drawing that included the landscaping
plans. Mr. Kerr showed the Board a drawing that depicted foundation plantings on all
four sides of the building and a number of Royal palms.
Mr. Myott opened the Public Audience. No one wished to speak.
Motion
Mr. Rosenstock moved to approve the request for Item 6.A.3, the Boynton Beach
Medical Pavilion, for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11,H.16.D (19), requiring a ratio of one (1)
parking space per 200 square feet of gross floor area and 146 spaces to allow use of the
ratio of one (1) parking space per 210 square feet of gross floor area or 139 spaces, a
reduction of seven (7) spaces required for a medical office building on a parcel zoned C-
1, subject to all staff comments. Mr. Hay seconded the motion that carried unanimously.
B. Heiqht Exception
· PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Medical. Pavilion
Chris Kerr, Kilday & Associates, Inc.
Bethesda Healthcare System
2800 Seacrest Boulevard
Request for a height exception pursuant to
City of Boynton Beach Land Development
Regulations, Chapter 2, Section 4.F., to
allow a peaked roof entrance feature on a
proposed medical office building at 44 feet;
a distance of 19 feet above the 25 foot
maximum height allowed in the C-1 zoning
district regulations.
Ms. Galav reported that the applicant was allowed to request permission for a height
exception for the architectural entrance feature. It will be 17 feet higher than the roof or
44 feet high.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August28,2001
Mr. Rosenstock asked for assurance that the people in the surrounding area had been
advised of this hearing and whether there had been any complaints. Ms. Galav
confirmed that they had been notified and that there had not been any complaints.
Mr. Myott asked if the air conditioning equipment would be totally screened and Mr. Kerr
responded that it would be screened on all four sides of the building.
Mr. Myott opened the Public Audience. No one wished to speak.
Motion
Mr. Friedland moved to approve Item 6.B.1 for the Boynton Beach Medical Pavilion, a
request for a height exception pursuant to City of Boynton Beach Land Development
Regulations, Chapter 2, Section 4.F., to allow a peaked roof entrance feature on a
proposed medical office building at 44 feet; a distance of 19 feet above the 25 foot
maximum height allowed in the C-1 zoning district regulations, subject to all staff
comments. Mr. Rosenstock seconded the motion that carried unanimously.
The Board decided to move Item D.2 up so this project could be heard at one time.
Motion
Mr. Rosenstock moved to move Item D.2, Site Plan approval for Boynton Beach Medical
Pavilion, up for hearing at this time. Mr. Hay seconded the motion that carded
unanimously.
(Heard out of order)
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Medical Pavilion
Chris Kerr, Kilday & Associates, Inc.
Bethesda Healthcare System
2800 Seacrest Boulevard
Request for site plan approval to
redevelop a 1.046-acre site for a
new 29,173 square foot medical
office building in a C-1 zoning
district.
Ms. Galav added a staff comment related to signage that had been left off the Conditions
of Approval. The condition should read: 1) The site is allowed one double-faced,
freestanding sign as per the requirements of Chapter 21, the Sign Code. The Site Plan
now shows two signs and they are only allowed to have one freestanding sign.
Mr. Rosenstock requested that all future sign approval requests have a condition added
that the signs must be clearly visible from the right-of-way.
Mr. Kerr showed the Board drawings of the proposed sign. Mr. Rosenstock asked Mr.
Kerr if they agreed to put the numerals on the sign and Mr. Kerr replied that this would
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August28,2001
not be a problem. Mr. Myott wanted to be sure that the applicant was going to put the
building name and numbers and not the doctor's names and Mr. Kerr confirmed this. Mr.
Hay thought the Planning and Development Board needed to see all requests for signs.
Mr. Kerr commented that the building colors and materials of the sign would 'match those
of the building.
Mr. Myott opened the Public Audience. No one wished to speak.
Motion
Mr. Rosenstock moved to approve Item 6.D.2, request for site plan approval for Boynton
Beach Medical Pavilion to redevelop a 2.05-acre site for a new 29,173 square foot
medical office building in a C-1 zoning district, in accordance with staff recommendations
and all staff conditions of approval including the condition that the site is allowed one
double-faced, free-standing sign as per the requirements of Chapter 21, the Sign Code.
Mr. Hay seconded the motion that passed 7-0.
(Heard out of order)
C. Master Plan Modification
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
BJ's Master Plan Modification)
(Applebee's)
Roscoe Biby, Kimley Hom&
Associates, Inc.
Flodda Apple, LLC
South side of Boynton Beach Blvd.
at Winchester Park Blvd.
Request for Master Plan
Modification to the BJ's Planned
Commercial Development to include
the specific site plan layout for
Applebee's restaurant on out parcel
#3.
Eric Johnson, Planner, stated there were four conditions of approval for this project.
The changes proposed on this master plan submittal compared to the original master
plan approval include the elimination of a restaurant drive-through lane and a reduction
in building size by 882 square feet. The extra space will be used for parking or
landscaping.
Mr. Myott opened the Public Audience. No one wished to speak.
Chris Ralph, Kimley Horn & Associates, Inc. was present and declared that he was
here for Master Plan Modification approval and that their next step would be actual site
plan approval.
Mr. Rosenstock asked to see what the landscaping looked like and the applicant showed
the Board a drawing. Mr. Rosenstock asked Mr. Ralph what kind of traffic studies had
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 28, 2001
been done for circulation around the site and Mr. Ralph responded that the traffic study
for BJ's Wholesale Club was approved last year and that the traffic circulation had been
reviewed by staff, including the Fire Department, and found to be adequate.
Motion
Mr. Friedland moved to approve BJ's (Applebee's) request for Master Plan Modification
to the BJ's Planned Commercial Development to include the specific site plan layout for
Applebee's restaurant on out parcel #3, subject to all staff comments and conditions.
Mr. Hay seconded the motion that carried 7,0.
D. New Site Plan
1. PROJECT NAME:
AGENT:
OWN E R:
LOCATION:
DESCRIPTION:
Applebee's Restaurant
Roscoe Biby, Kimley Horn &
Associates, Inc.
Florida Apple, LLC
South side of Boynton Beach Blvd.
at Winchester Park Blvd. (out parcel
#3 of the BJ's PCD).
Request for site plan approval to
construct a 4,998 square foot sit-
down restaurant on a 1.3-acre parcel
(out parcel #3) of the BJ's Planned
Commercial Development.
Mr. Myott asked if this restaurant was a prototype. John Davidson, Applebee's
Restaurants, Cape Coral, Florida, affirmed that it was a prototype of Applebee's
Restaurants being developed around the country. The Board viewed renderings of the
proposed restaurant. Questions were answered in the affirmative about full screening of
equipment and foundation plantings.
Mr. Myott opened the Public Audience. No one wished to speak.
Mr. Currier noted that the four-spaces allotted for handicapped parking was below the
required minimums. He thought it should be at least double that. Mr. Davidson said that
their handicapped parking spaces met the Code requirements.
Mr. Rosenstock asked staff to do a survey about the handicapped parking around the
City and elsewhere and to review the Code requirements to determine if they were
adequate.
Eric Johnson stated that the number of parking spaces required by the Americans with
Disabilities Act was based on the number of total parking spaces in a given area. Mr.
Rosenstock said there was nothing that would stop the City from going over and above
the ADA requirements in the Code. Mr. Johnson said the request was duly noted.
Meeting Minutes ....
Planning & Development Board
Boynton Beach, Florida
August28,2001
Mr. Myott believed the Code requirement was 1 space for every twenty-five spaces and
those spaces were based on the square footage of the use. Mr. Johnson stated that the
number of spaces for handicapped parking could be dictated by' the square footage of
the use but in the case of a restaurant there was supposed to be one space for every 2.5
seats in the restaurant or 1 for 100, whichever required more. In this case, there would
be 1 s pace per 2.5 seats since the restaurant has 190 seats.
Mr. Myott referred to the City's request that they change the color of their building to
match the rest of the center. Mr. Davidson stated that he had worked this issue out with
Edc Johnson earlier in the day of the meeting. He had no problem with the City's
requests. He said that many of the drawings had computer colors and that they were
not necessarily "true" colors.
Mr. Davidson referred back to the handicapped parking discussion and said he
recognized that the population of Boynton Beach might call for more handicapped
spaces and what they had done was to increase the size of the sidewalk to six feet on
one side of the restaurant with no curbing.
Mr. Ensler asked about the width of the parking spaces. He was in favor of larger
parking spaces.and asked Mr. Rumpf for an update on the issue. Mr. Rumpf stated that
the Civil Engineering Department was working on the issue. He anticipated that the
standard drawings for the City would be amended by October or November of this year.
The current dimension is 9 x 18 and they are going to go to 9.5 x 18.5 feet and the back-
up dimension of 27 feet will be reduced to 25 feet.
Mr. Ensler referred to comment #11 about the color of the signage. He asked if that had
been selected? Mr. Rosenstock asked if the sign was the same color as BJ's? The
applicant showed the Board a drawing of the sign. Mr. Ensler said that red and green
did not seem to fit the color scheme for the entire area. He thought they clashed with
the color scheme. Mr. Davidson responded that their roof would be tri-color like the one
on Southtrust Bank. Southtrust's logo was blue and BJ's was red and he thought the
colors would not clash because the buildings were not very close to each other.
Mr. Johnson said that before any motions were made, he needed to change the
Conditions of Approval language. Comment #12 should be changed to "in order to
increase the compatibility with the surrounding buildings, modify the main wall color of
the Applebee's building so that the colors and patterns are consistent with the approved
development withifi the PCD". Comment #13 should be changed to "In order to increase
compatibility with the surrounding buildings, modify the base wall color of the Applebee's
building so that the colors and patterns are consistent with the approved development
within the PCD". Mr. Myott verified with Mr. Johnson that the intent was that the colors
should match as closely as possible, but not exactly,
Motion
Mr. Friedland moved to approve the request for Site Plan approval on construction of a
4,998 square foot sit-down restaurant on a 1.3 acre parcel, out parcel #3, of the BJ's
Planned Commercial Development on the south side of Boynton Beach Boulevard at
Winchester Park Boulevard, subject to all staff conditions of approval, including the
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 28, 2001
changes for Staff Comment #12 and Staff Comment #13 from the Conditions of
Approval, and read into the record at this meeting. Mr. Hay seconded the motion.
A lengthy discussion ensued about appearance issues. Messrs. Rosenstock and Ensler
expressed concern about the coordination of the various signs, colors, structures, and
styles that would exist at this location. They questioned whether staff had given enough
consideration to this issue. Mr. :Myott stated that the lack of a master sign program as
part of the PCD approval was the reason for the problem. Mr. Rumpf reiterated that this
site was not being developed at one time by one developer but independently by
different developers. When staff considered the project they tried to see that the
predominant elements, such as building faces, would be compatible in color and style.
There was disagreement over whether corporate entities should be al owed to dictate
style, color, and Iogos. Mr. Friedland called for a vote.
The motion carried 6-1, Mr. Rosenstock dissenting.
E. Site Plan Time Extension
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Woolbright Professional Plaza
(Nguygen)
Jori SChmidt
Hein and Diep Nguyen
North side of Woolbdght Road
approximately 650 feet east of
Congress Avenue
Request for a one-year time
extension of the site plan approval
originally granted on July 18, 2000
from July 18, 2001 to July 18, 2002.
Jon Schmidt, Agent, for Woolbright Professional Plaza, introduced himself and
came to the podium to answer questions.
Ms. Galav advised that the applicant had formerly received approval from the Lake
Worth Drainage District to use the canal right-of-way for certain uses and the LWDD had
rescinded that approval, causing the applicant to redesign their project. Their site plan
has expired and theY are requesting that the Board extend the site plan approval for a
year.
Mr. Myott asked if the building design would have to be changed and Mr. Schmidt
responded that the building would not be changed at all. The parking was changed to
angled parking to accommodate the twenty-foot right-of-way in the rear of the property.
Mr. Myott asked if the Engineering Department had approved this and Ms. Galav
confirmed that they had.
Mr. Myott opened the Public Audience. No one wished to speak.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Flodda
August28,2001
Motion
Mr. Rosenstock moved to approve the request for a one-year ex(ension of the site plan
approval originally granted on July 18, 2000 from July 18, 2001 to July 18, 2002 for the
Woolbright ProfessiOnal Plaza located on the north side of Woolbright Road
approximately 650 feet east of Congress Avenue. Mr. Hay seconded the motion that
passed 7-0.
F. Code Review
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Medical Pavilion
Height Exception & Exemptions
from Building ~Height Limitations
of Building Parapets
Chris Kerr, Kilday & Associates, inc.
Bethesda Healthcare System
2800 Seacrest Boulevard
1) Request to amend the Land
Development Regulations, Chapter
2, Section 6, A.3, to increase the
maximum structure height in the C-1
zoning district from 25 feet to 30
feet; and 2) request to amend
Chapter 2, Section 4.F, to add
parapets to the list of potential
exemptions from the building height
limitation.
(Amendments have been requested
in connection with the Boynton
Beach Medical Pavilion site plan
application).
Ms. Galav said since staff had raised the height for a single family dwelling to 30 feet two
years ago and since medical office buildings often abut residential areas, it would be
consistent to increase the height in the C-1 Commercial District also. Staff has
discovered that medical office buildings need more space between the floors of their
buildings to accommodate ali the required mechanical equipment.
The second issue was that of parapets. The City of Boynton Beach LDR requires
screening of rooftop equipment and it a constraint on project design because the parapet
is included in calculating the measurement of roof height. This is an inconsistency, in the
regulations. Parapets could exceed the district height regulations if approved on a case
by case basis through the height exception process as defined in the LDR, Chapter 2,
and Section 4. (F). Staff supports both Code review requests.
Mr. Myott oPened the Public Audience. No one wished to speak-.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 28, 2001
Mr. Ensler asked whether staff's intent was to apply this height to any and all structures
in a C-1 distdct or to restrict it to medical office buildings. Ms. Galav stated that it was
staff's intent to cover all office buildings in a C-1 district.
Motion
Mr. Currier moved to approve Item 6.F.1, request to amend the LDR, Chapter 2,
Sections 6, A.3, to increase the maximum structure height in the C-1 zoning district from
25 feet to 30 feet; and request to amend Chapter 2, Section 4.F. to add parapets to the
list of potential exemptions from the building height limitations. Mr. Friedland seconded
the motion that carried 7-0.
Mr. Ensler inquired about the 35 feet designation for buildings with underground parking
and whether it was correct. Ms. Galav stated that it was but as a conditional use, to be
decided on a case-by-case basis.
7. Other
None.
8. Comments by Members
Mr. Hay wanted a clarification from staff about whether or not all signs had to come
before the Planning & Development Board Showing the colors, heights, structures, and
so forth. Mr. Rumpf replied that these details would be required as part of the site plan
package. Mr. Hay noted that the Board had not been given that option on the cases
heard tonight and thought that the policy of including this Board in the review and
approval of signs should be adhered to. Mr. Friedland echoed his concern. Mr. Rumpf
responded that in the future, projects would come before the Board with color palettes,
samples if appropriate, and with good graphics.
9. Adjournment
There being no further business to come before the Board, the meeting was duly
adjourned at 8:20 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(two tapes)
(9/4/01 )
11'