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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 2 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. '3 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. 4 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 5 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 '8 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. 9 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-. 10 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'