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Minutes 09-08-98 - MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FL.[ORIDA, ON TUESDAY, SEPTEMBER 8, 1998 AT 7:00 P.M. PRESENT B I t ' Lee Wische, Chairman James Reed, Vice Chairman J. Stanley Dub6 Pat Frazier Mike Friedland Steve Myott Maurice Rosenstock Frances Cleary, Alternate ABSENT William Sherman, Alternate 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m. and led the Allegiance to the Flag. 2. INTRODUCTION OF COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced Commissioner Nellie Denahan, Commissid Titcomb, and Vice Mayor Shirley Jaskiewicz who were in the audience. Wische then introduCed, Bulent Kastarlak, Director of Development, Mich Acting Director of Planning and Zoning, the members of the Board, As Attorney Peter Lichtman and the Recording Secretary. 3. AGENDA APPROVAL Vice Chairman Reed requested that the two items pertaining to the Origin House be considered together. Therefore, Vice Chairman Reed proposed tha (Zoning Code ~ ariance) be moved to be considered with Item 7.B.1 (New Site Mr. Rosenstoc~ moved to approve the agenda, as amended. Mr. Dub6 s6 motion. Motion carried 7-0. 4. APPRO~/AL OF MINUTES Mr. Dubb stated there are two changes to be made to the minutes of August follows: :~ledge of ner Jamie Chairman lei Rumpf, iistant City ~1 Pancake Item 7.A.3 iPlan). :onded the 5, 1998 as MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER On Page 9, first paragraph, last sentence which reads "Mr. Dub6 stated the were not in the location agreed to", should be changed to read as follows": "When they started construction, noticed that the well points were location other than where they were on the set of plans that we had apl Mr. Dub6 stated they had questioned this and got an answer that everyth same. On Page 9, the fourth paragraph states "Mr. Dub8 did not recall this Board n arch and this Board did not delete comment 61". Mr. Dubb stated he was in error citing comment "61". Comment 61 was dE should have been comment "55". (Comment 61 was a recommendation by s correct number should be inserted in the minutes). Chairman Wische noted on Page 2, under "New Business", second paragrapl "Chairman Lichtman" should be deleted and the words "Chairman Wische substituted in their place. Motion Mr. Dub6 moved that the minutes of the August 25, 1998 meeting, as ar approved. MOtion seconded by Vice Chairman Reed. Motion carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS Planning and Zoning Report (Mike Rumpf, Acting Planning and Zoning Director) Mr. Rumpf stated that at the last City Commission meeting the following took The Bauer Abandonment, which was approved by this approved by Resolution. The Stor-AII Site Plan item was tabled until September 1[ result of requests from the public citing possible deficie~ advertising of the item and also stating other issues related to East Industrial Avenue. 2 1998 well points a different roved." lg was the moving the eted and it afl, and the , the words should be ended, be ace: ~oard, was 1998 as a cies in the problems MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Banyan Cove Parking Variance to decrease the total approved. The Fidelity Federal Driveway Variance to allow a driv~ north side of Congress Avenue was approved. On second reading, the telecommunication tower approved. This was a re(; uest to allow telecommunicati( a PID and on recreation dedicated land. The first reading to allow the text change for Day Accessory to Churches within single family zoning d place. Mr. Rumpf concluded his report and Chairman Wische inquired if the Bos comments. Mr. Rumpf also stated that the issues raised by this Board regard Care Centers of America were discussed at the last Commission meeting. stated he has prepared evidence of further research in the form of a Memorar will be presented to the Board prior to the close of tonight's meeting. Mr. Rosenstock stated he had comments regarding the Auto Care Centers and will reserve his comments until the item is presented on the agenda. 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING Zoning COde Variance PROJECT: AGENT: LOCATION: DESCRIPTION: Habitat for Humanity John Shelly N.W. 5TH Avenue Request for a variance to allow reduction from the required 25 yard setback to 20.3 feet and redUctiOn from the required 25 yard setback to 15.2 feet on on, 3 arking was ray on the eight was 1 towers in ~,are Uses ;tricts took d had any lg the Auto Mr. Rumpf Jum, which 3f America 4.7 foot )ot front 9.8 foot :oot rear lot and MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 allow a five-foot reduction from the rear setback from 25 feet to 20 feet on a second adjacent lot for the purpose of cob two single family dwellings on L( and 21 of Rolling Green Ridge Addition Subdivision. Chairman Wische requested the Recording Secretary to administer the persons who will be testifying this evening. Brian McCarron, 950 Largo Mar Lane, Boca Raton, Florida took ti' Chairman Wische stated there were no staff comments and asked Mr. RumF any additional comments. Mr. Rumpf stated there was one condition of apprc was the official reconfiguration of the three lots into two lots and was not ce~ has been recorded to date. Chairman Wische inquired if the Board had any There were none. Chairman Wische stated this was a public hearing and asked if anyone in th wished to testify. ~structing ~ts 19, 20 Second ath to all podium. if he had /al, which ain if that omments. audience There being none, Chairman Wische closed the public hearihg. Motion Vice Chairman F~eed moved that the request for a variance to allow a 4.7 foo from the required 25 foot front yard setback to 20.3 feet and a 9.8 foot redL the required 25 foot rear yard setback to 15.2 feet on one lot and allow reduction from the rear setback from 25 feet to 20 feet on a second adjacent purpose of constructing two single family dwellings on Lots 19, 20 and 21 Green F~idge Second Addition Subdivision be approved. Mr. Rosenstock sec motion. Motion carried 7-0. = PROJECT: AGENT: LOCATION: DESCRIPTION: Orchard Landing M. Jeffrey Semko East of U.S. #'] approximately south of Golf Road Request for a variance approval 1 75 foot reduction from the require minimum lot frontage require reduction to 25 feet, in prepaB construction of 20 condominium an irregularly-shaped parcel. 4 reduction ;tio~ from a five-foot lot for the 3f Rolling )nded the 185 feet p allow a ] 100 feet nent; a ~tion for units on MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Chairman Wische stated there were no staff comments and asked Mr. Rump any additional comments, rVlr. Rumpf stated he had no additional comments. Wische asked the agent to take the podium. Howard E. Nelson with the law firm of Bilzin, Sumberg, Dunn, Price ,~ 2500 First Union Financial Center, Miami, Florida took the podium. Attorr stated he was prepared to make a presentation. Chairman Wische informe Nelsc ~ that there were no staff comments and asked if he sti] wanted 1 presentation? Attorney Nelson stated he would like to make a brief presentai record. Attorney Nelson acknowledged that the variance ~s a large variance reque,~ necessary as the parcel intended for development is known as a "flag par( means the property is shaped like a flag. The property was subdivided ir 1970's and sold off as a separate parcel from Gentlemen Jim's. At that time, no City frontage requirement and the parcel met the zoning code. The propE be devel.,oped residentially today without the variance. The only access to a is the 25 entryway. Attorney Nelson stated that he furnished Assistant if he had Chairman Axelrod, .~y Nelson Attorney 3 make a ion for the and was ',el", which the eady lhere was ty cannot Jblic road Attorney Lichtman with a precedent case, which is similar to this situation. The cour[ found in that case that a variance was appropriate and necessary for the allowance of use, unless the City determined that the property was absolutely unusable. Attorr ey Nelson wished to enter forthe record City staffs' comments. Attorney Nelson stated that the 25' frontage being requested is the minimur variance that would be required to allow any development on the property. Also, there are development plans for a Iow-density townhouse project and he will be meetir with the Hampshire Gardens residents to discuss the plans. Attorney Nelson stated no plans are being presented this evening until the variance is granted. Attorney Nelson requested that he be reserved time to answer questions and to rebut any ltestimony which may be presented. ~ Chairman Wische asked if any members had any questions? Mr. Dube' hoted this property was presented to the Board a while back with three houses on it ahd the 25' was used as a road and that the proper(y has already been approved foqthe three houses. Mr. Rumpf stated that the item is being presented again for clarification, since it was not that clear when it was previously I~resented. Therefore the nebd for the variance still exists. Mr. Rosenstock stated that the City of Boynton Beach has land along [he Waterway and Federal Highway and is in the process of spending a gre 5 ~tracoastaJ at deal of MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 taxpayer money to improve the area. type of project would be a major improvement by building to the water J property or reducing the 100' setback by 75'. Mr. Rosenstock does not feel should approve this project. Mr. Rosenstock asked Attorney Nelson if he had to cite which offer an opposing point of view to the case, which favored the Attorney Nelson stated there were many cases entered throughout various cc State that denied vanances. Attorney Nelson stated for the record that th presented to Attorney Lichtman is the leading case on this issue, which wa= by the 3rd District Court. Mr. Rosenstock inquired when the case was er Aftomey Lichtman stated itwas 22 years ago. Attorney Nelson stated that th a variance on the property will render the property undevelopable. Mr. Rosenstock stated he did not feel that this ~ne of the the Board any cases variance? Jrts in the ~ case he rendered :ered and ~ denial of Chairman Wische stated this was a public hearing and inquired if anyoqe present wished to address the Board. ~ Pat Downey, 2430 S. Federal Highway, Hampshire Gardens, Apartn~ent #10, Boynton Beach addressed the Board. Ms. Downey stated that the granting of a variance on the property has been rejected three previous times. Ms. Dow that when the variance was originally denied, it was denied because of problems that could arise, as well as the inability of emergency vehicles to ~ [he property. The Florida E).O.T. has redesigned Federal Highway from thr~ [wo lanes and a bike lane. Also, the left turn in front of- Hampshire Gardens removed and everyone is forced to make a turn at light at the 23rd Street. M expressed concerns regarding emergency vehicles entering and egressing th and well as the vehicles of 20 additional homeowners. Ms. Downey inquire utilities would be brought into the property and what would happen if ever tf water or sewer break. Ms. Downey asked the Board to deny the variance. Mr. Rosenstock asked Attorney Nelson if the applicant was aware of th~ requirements when he purchased the property? Mr. Nelson stated he was best of his knowledge. Attorney Nelson requested he be permitted to respond to Ms. Downey's test referred the Board to the conditions of approval and that the comments of ti police department are "none". Attorney Nelson stated that Hampshire Ga opposed every development that has been put forth for this property. Attorn stated that the density of this project is half to one-third of the density of Gardens. Chairman Wische closed the public hearing. ley stated the traffic ;spond to ; lanes to has been Downey property how the re was a frontage lot to the nony and e fire and idens has ~y Nelson ampshire 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Mr. Rumpf stated that the 1989 Comprehensive Plan allows 24 units per acre. If the proPerty Were developed as a PUD, PUD regulations do not have a~ frontage requirement and Would come before the Board as a Master Plan Site Plan. V~/ith regard to no comments by the Fire Department, Mr. Rumpf stated that the TRC (ir full staff members donot review variances at this stage. Therefore, there are no cot them. They would review the development proposal. Motion Mr. Rosenstock moved to deny the request for a variance from the City Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2.a 75 foot reduction from the required 100 feet minimum lot frontage reqL reduction to 25 feet. Mr. Dub6 seconded the motion. Motion to deny the va~ approved 6 to 1, with Mr. Myott dissenting.. Item 3 (moved to be heard with Item 7.B.1) Abandonment PROJECT: AGENT: LOCATION: DESCRIPTION: Golfview Harbour 3rd Section Plat City of Boynton Beach Southeast corner of South Avenue and S.W. 23rd Avenue Request for approval of aband¢ utility and drainage easements block 18, together with the utility lying between lots 35 and 36, and easement lying between lots 28 both of block 16, located in a pm plat of Golfview Harbour 3rd Secti, Mr. Rumpf stated that the City Attorney's office referred this item to his office requested by the developer of the property and was concerned that the were not removed as a result of replatting. This is being requested to officia these easements. Chairman Wische inquired if anyone in the audience wished to address Chairman Wische closed the public hearing. 7 ~ments by ' Boynton lo allow a ~ement; a lance was :ongress nment of lying in .=asement drainage and 29, on of the /hich was asements iy remove ~e Board. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Motion Mr. Dub~ moved that the request for approval of abandonment of utility and, drainage easements lying in block 18, together with the utility easement lying between lots 35 and 36, and drainage easement lying between lots 28 and 29, both of block I6, located in a portion of the plat of Golfview Harbour 3rd Section, be approved. Mr. R[osenstock seconded the motion. Motion carried 7-0. Zoning Code Variance PROJECT: AGENT: LOCATION: DESCRIPTION: Original Pancake House Hendrik DeMello Northside of Gateway ~oulevard, immediately east of the Hampton I~n Request for a variance approval to reduce the required side setback from 20 ,feet to 16 feet to allow sufficient space for a proposed restaurant and required parking. B. SITE PLANS New Site Plan 1. PROJECT: AGENT: LOCATION: DESCRIPTION: Original Pancake House Hendrik DeMello Quantum Park - Lot 1 Request for site plan approval to a 4,710 square foot restaurant ¢ acre parcel of land and associated Mr. Rumpf stated that both items could be heard together, but when voting ' code variance (Item 7.A.3) should be considered first. Chairman WisChe Applicant to take the podium. Hendrik DeMello, 1300 East Hillsboro Boulevard, Deerfield Beach, Flori¢ podium. Chairman Wische asked Mr. Rumpf if he had any additional comr Mr. Rumpf replied he did not. Chairman Wische inquired if anyone in the audience wished to address There were none and Chairman Wische closed the public hearing. 8 ;onstruct 1.15 ~arking. zoning ~sked the took the ~en~s and ,e Board. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Vice Chairman Reed noted that the applicant has three options: (1) de.~rease the frontage, (2) decrease the amount of parking or (3) decrease the size of the restaurant. Mr. DeMello stated there is only one size restaurant and this i~s the only prototype of the Original Pancake House they bud Further Mr. DeMello stated if the parkin~ spaces were reduced, t ceu d decrease business. Vice Chairman R(~ed stated that what has been removed from the site is green space and the only thing ,remaining is the building with an asphat park ng area Mr. DeMo o sad the piton meets landscaping requirements., Vice Chairm~n Reed fur[her noted that the greer~ space is being decreased from 20 to 16' and ponted out that there are addition~ parkng spaces on the hote parking lot next door to the restaurant V ce Chairr~an Reed stated that the excess asphalt should be cut and not the green space. Mr. DeMello also stated that the project meets all the requirements of Quantum Park. Mr. Myott also questioned that this is the only prototype building that could be built and further questioned if Mr. DeMello has never been asked to change the buildlng plans. Mr. DeMello stated that plans have been changed, but this is ihe buildin[I that the Pancake House wants built on this particular site. Mr. Myott also ~nquired labout the height of the tower on the building and asked if the tower was higher than other Original Pancake Houses. Mr. DeMello stated it probab y was higher. Mr. Myott inquired if they would agree to decrease the size of the tower and stated the building is a small building and s out of scale with such a high tower. Mr. Myott stateFI that the Board should consider requesting that the size of the tower be decreased. ~ Mr. Rosenstock stated that some type of greenery should be in place between the two parking lots and there is no greenery between the property lines of the hotel and the Pancake House. Mr. DeMello asked Mr. Rumpf if the petitioner meets all landscaping requirer height requirements and Mr. Rumpf stated they did. Further, Mr. Rumpf s when staff does not have specific regulations to apply to a piece of prope recommendations can be relative to adjacent properties or similar us~ restaurant was reviewed within an industrial park, which includes other c~ uses. This building is probably under scaled compared to some of the other such as three and four stow hotels and office buildings. There ~s mature vege will exceed the height of the building. Mr. Rumpf stated there was no parti that stood out to staff. ~ents and ated that ty, staff's ~s. This ~mmercial buildings, .a, tion that :ular item Mr. Rosenstock asked with regard to Quantum Park, where the line ands and industrial or office type area must be built as opposed to a strip mall restau food type of operation. 9 ~here an ant, fast- MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Attorney Lichtman asked the Board to defer this particular matter to "Other BUsiness" in the agenda and to focus on the item before the Board which is the zc ting code variance. Vice Chairman Reed pointed out that there are six specific requirements th~ have not been met in order for this Board to approve the variance. Chairman Wische tared that according to staffthese requirements have been met. Mr. Myott stated he was not against the project, but would request that co~ sideration be given to lowering the tower. Motion Vice Chairman Reed moved to deny the request for a variance to reduce tt' required side setback from 20 feet to 16 feet for the purpose of building a 4,710 s uare foot restaurant building and required parking on the lot subdivided from the Ha~ )ton Inn. Mr. Rosenstock seconded the motion. Motion to deny the variance c= tried 6-1. Chairman Wische dissented. New Site Plan Mr. DeMello questioned how the Board could proceed to the Site Plan ,~ ~lication, since the Zoning Code Variance was denied? Mr. Rosenstock asked Mr. DeMello if he would like this item tabled? M DeMello referred to Mr. Rumpf who stated that this Board is advisory board t( the City Commission. This Board's findings are given to the City Commission, wh ;h in turn makes the final decision with respect to approval or denial. Mr. DeMello re, uested to continue with the Site Plan Approval and did not want to table the item. Chairman Wische stated this was a request for site plan approval to constru a 4,710 square foot restaurant on a 1.15-acre parcel of land and associated parking. Chairman Wische asked if anyone in the audience wished to address this itE ~. There being none, closed the public hearing. Chairman Wische asked if staff had any additional comments. Mr. Rumpf st ~ted there were none. Mr. Rosenstock read the recommendation of the Planning and Zoning Divisk into the record: 10 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 "The Planning and Zoning Division recommends that this request for site plan approval be approved, subject to the approval of the setback variance and the comments included in Exhibit 'C' - Conditions of Approval. Staff also recommends that the deficiencies identified in this exhibit be corrected on the set of the plans submitted for building permit." Mr. Rosenstock inquired since the setback variance has been denied, wha~t is staff's position on the site plan approval. Mr. Rosenstock asked Attorney Lichtrr~an for his interpretation of this recommendation, r Attorney Lichtman stated that the issue could still be voted upon if there is~ a motion made. Mr. Dub6 made reference to Condition 3, which ~s a reference to a cro agreement between Hampton Inn and the Pancake House. Mr. Rumpf both sites have sufficient parking to stand-alone by themselves. Mr. Rosenstock inquired if there was a sign to be reviewed. Mr. Rumpf stat sign would be subject to the Quantum Park Sign Program. Mr. Rosenstock the Board has the right to view the sign if they are being asked to approve a ,, Mr. Dubb stated that the agent should be given an opportunity to resp¢ comments in the Conditions of Approval. ;s access tared that that the lated that ign id to the Mr. DeMello stated that all staff comments were reviewed previously with N Chairman Wische asked if there were any comments to which the petition agree and was informed the petitioner agrees with ali comments. Vice Chairman Reed inquired about the size of the dumpster and if the enclosure was large enough to hold two dumpsters, one for recycables ar trash? Mr. DeMello stated that the dumpster enclosure is oversized and WOL two dumpsters. Motion Mr. Myott move to deny the request for a new site plan for Item 7.B.1, th Pancake House, based on the denial of the previous variance request. Mr. seconded the motion. Motion carried 7-0. 11 r. Rumpf. ~r did not :lumpster id one for d contai~ Original :dedman MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 New Site Plan 2. PROJECT: AGENT: LOCATION: DESCRIPTION: Semsco International OfficeNVaret Ron Last Lawson, Noble and Webb, Inc. Lot 15, High Ridge Commerce Par] Request for site plan approval to at 4,487 square foot office/~ building and associated parking acre parcel of land. ~)use :onstruct arehOuse ~n a 1.27 Ron Last, 420 Columbia Drive, West Palm Beach, Florida took th, podium. Chairman Wische noted there were 18 staff comments and asked Mr. Last iflthere any comments he wished to address or have clarified. Mr. Last stated there were none. Chairman Wische asked if anyone in the audience wished to address the Board. There being none, Chairman Wische closed the publichearing. Chairman Wisch there were any additional comments by staff. Mr. Rumpf stated there were nc Mr. Myott inquired about the sign. Mr. Last stated that the project is located High Ridge Commerce Park PID and that any sign would have to be appro, their Plan and that they intend to go through that process for any signage on t Mr. Myott noted that this is the first all metal building in the High Ridge Pi[ inquired to the location of the air conditioners. Mr. Joe Rygwalski, 3923 Lake Worth Road, Lake Worth took the podium an¢ represents the manufacturer of the building that manufactures all steel bulk Rygwalski stated that the air conditioning compressor is on the outside of tt on Lhe ground. The drawing shows the air handlers and the only items on ff the ventilators for heat escape. Motion Mr. Dub6 moved that the request for site plan approval to construct at 4,487 office/warehouse building and associated parking on a 1.27 acre parcel of lar to all staff comments be approved. Vice Chairman Reed seconded the moti¢ carried 6-1, with Mr. Myott dissenting. 12 9 asked if he. within the ad by the ie site. and also stated he ngs. Mr. building e roof are luare foot :t, subject h. Motion MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH~ FLORIDA SEPTEMBER I~, 1998 Maior Site Plan Modification PROJECT: AGENT: LOCATION: DESCRIPTION: Ms. Annette Stauffer, 153 Dove Circle, Royal Palm Beach took the podiur Mr. Dub6 asked Attorney Lichtman if this Board approved this site plan rr Auto Care Centers of America Annette Stauffer, Sign Craft Southeast corner of Woolbright Road and Congress Avenue Request approval for sign I ~gram. )dification would this automatically make the remainder of the site plan approved by tl'e Board? Mr. Dub6 stated that there were a lot of items on the site plan that this BoaCd has not approved and does not agree with. Attorney Lichtman stated that was not the case. The only item on the a~tenda this evening for approval is the s~gn program, Also, Attorney Lichtman state~ that if a motion is made this evening on the sign program, the caveat could be addE that the approval is limited to only the sign program. Chairman Wische read into the record the following statements contained o~ 'age 3 of Memorandum No. PZ 98-257: "However there are two aspects of the proposed sign prog~ that are inconsistent with the following requirements of Chapter 9: 1) A project is to be in visual harmony with adjac ~nt developments; and 2) Signs shall be designed and treated as part of he architecture of a building. "With respect to these requirements, the proposed s~gn program is not in visual harmony with the freestanding signage of adjacent uses, namely McDonald's/Amoco and ~he SunTrust Bank. 13 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 "With respect to item number 2 above, the proposed si have also not been designed using the enhanced architect~ style of the site buildings." Chairman Wische stated these were his comments on this Item and asked if' any other comments from any Board member?. Mr. Rosenstock stated he had a great deal of comments but will reserve the in the meeting. Also, Mr. Rosenstock stated that it is this Board's intention t¢ Congress Avenue corridor an asset to the City and the sign being pre~ approval this evening is not in harmony with this intention. Mr. Rosenstock ,. this Board should not approve the sign. Vice Chairman Reed referred to Page 2 of the Memorandum which stated "Tv high pylon signs (see Exhibits 'B'-proposed monument sign locations). Vice Reed questioned why the originally proposed monument signs have been ( pylon signs? Ms. Stauffer stated that pylon signs were permitted under the Code. Vice Reed stated that the entrance from Woolbright Road is basically a back questioned why a 20' high, 110 square foot sign would be proposed for this Ms. Stauffer stated that the Woolbright Road entrance is not a back alley ent is an entrance to the shopping center. Also a future building is being prop¢ Stauffer stated that the colors of the signs are consistent with surrounding sigr and red would be consistent on the buildings and the freestanding signs. M= stated that the McDonald's and Amoco signs are yellow, red, and black and wi Ms. Stauffer also stated there are ten tenants and there are three bui Woolbright Road with spaces for these ten tenants and this size sign ~s ne( identify the tenants. A monument sign would not be adequate. Mr. Dub~ stated that the signs are a disgrace and did not want to see these Congress Avenue. Mr. Dub~ stated that only two buildings were approved fc not three. Mr. Myott stated that these types of signs are not appropriate in the PCD an have a relationship to the architecture of the development. Mr. Myott does nc attempt has been made to develop this relationship. Ms. Stauffer stated they objection to enhancing the signs to the architecture of the building and that sh had time to prepare drawings for tonight's meeting. Ms. Stauffer stated tha' comments were only received late Friday afternoon. 14 InS lere were n for later make the ented for lated that o, 20 foot 3hairman ianged to 3hairman ~lley and entrance. ance and ~ed. Ms. S. YellOw i, Stauffer :lings on .~ssary to signs on the site, have 'to feel any was no has not the staff MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Chairman Wische asked if anyone in the audience wished to address the Board. There being none, Chairman Wische closed the public hearing. Ms. Stauffer inquired what would be the d slay if the petitioner requested that the item be tabled? Mr. Rumpf asked if the plan would come back to staff for another ~review or would the item be tabled to address the mod f cat OhS to the comments? M~. Stauffer stated only to address modifications to the comments. Mr. Rumpf stated ~he matter could be brought back to the next Board meeting in two weeks. Martin Heise, developer of the project took the podium and stated they dic~ not have enough time to prepare the drawings. Mr. Heise stated he has tenants mowng ~n and he needs to have signs in place and that architectural details can be added to :he signs. Mr. Heise stated he would table the issue if approval would be forthcoming : the next meeting, but if this were not the case, he would prefer that the item be ddressed tonight. Mr. Heise stated they are planning to move forward with the seco~ building and construction will begin in approximately 30 days. Mr. Heise stated that there was no requirement under the conditions of approv I that the tenants cannot move in and he needs a certificate of occupancy. Mr. Heise s~ ~ted he is investing millions of dollars in B0ynton Beach and is now being told that :here are conditions that wilJ prohibit him from renting his space and is prepared to go o court if necessary. Mr. Heise stated he wished to continue with his site plan request, as he did not want to have to keep coming back to the Board for approval. Mr. Rumpf stated that it would be difficult for this signage to perfectly meet co, e and be consistent with adjacent prope~ie, s. The color code states that black and Wh te are allowed with two additiona colors °n top of black and white. Mr. Rosenstock s~tated that the colors of yellow and black for signs were eliminated in the City about ei~lht years ago. Mr. Heise requested that the item be tabled until the next Board meetin~and will present new drawings at that time. Motion Mr. Rosenstock moved to grant the request of the developer to table the signa~ee for the project located on the southeast corner of Woolbright Road and Congress Avenue known as the Auto Care Centers of America and the specific request for appro~/al of the. sign program to the next Planning and Development Board meeting, i~lr. Dube seconded the motion. Motion carried 7-0. 15 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER ,8, 1998 Mr. Rosenstock asked if the project being built today is the same project that on the maze-colored sign facing Congress Avenue? Mr. Heise stated that building that is ready to be constructed. Mr. Rosenstock asked Mr. remembered that he was requested to turn the building around so that the [ not be facing the public or private street as required by City Ordinance and stated that was correct. Mr. Heise stated they could not design the building without a drive-through having the bays not face the street. Mr. Heise stated they took substan: footage off the site of future buildings because substantial room had to be shift the building around. This was at a cons derab e cost. The end result wa were not able to face those doors to the street, the building had to be disconr a third building had .to be created. Mr. Heise stated that they are only utilizi building to land on this site aha there will be a great deal of greenery and la~ Mr. Heise stated that architecturally they tried to follow the "Barnes and Noble Mr. Rosenstock asked if the building would look like the presentation pos1 property?. Mr. Heise stated it is identical. Mr. Rosenstock asked :if the ar~ connect the two buildings and Mr. Heise stated it would not. Mr. Heise state rendering to which Mr. Rosenstock referred was a single rendering. There is; rendering, which shows three separate buildings that are not connE F~osenstock inquired if permission was given to change the plan. Mr. Heise the plan this Board approved was presented to the City Commission and th that plan as ~resented. The City Commission requested that the plain be mot Heise stated he did not change the plan on his own, but was requested to do City Commission. Mr. Rosenstock also stated that there was no phasing of the project and 1 understood that the project would be built simultaneously. It was not depen what is leased or not leased. Mr. Rosenstock further stated that it was nE known that the second building may never have been built and this Board sh been apprised of that situation. Lastly, Mr. Rosenstock inquired how the property will be landscaped travelling north on Congress Avenue will the bay doors be visible unless directly into the project? Mr. Heise stated that when the buildings are com[ prior to the completion of the retail building, the entire site will be landscaped retail site. This means the south end of the property, while under construCti landscaped. Mr. Heise stated that when the other building is constructed the wil not be visible and the distance between the buildings is 35'. Trees will as a buffer. 16 ~ise if he ays would Mr. Heise ption and al square utilized to ; that they ~cted and ~g 15% of dscaping. look, ;d on the will still J that the separate ;ted. Mr. ;tared that ;y denied ified. Mr. so by the lis Board ent upon fer made ~uld have when i you look leted and i even the ~n w be ~ay doors planted MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Mr. Heise and Ms. Stauffer concluded their presentation and left. 8. Other None 9. Comments by Members Mr. Rosenstock informed the members that he and Mr. Wische appeared at the last Commission meeting and suggested that a member of this Board be designated to attend the Commission meetings when Planning and Development Board issues are on the agenda. This would keep the Commissioners apprised of what transpiled at the Planning and Development Board meetings. Mr. Rosenstock stated he~sked the Commission about the project as it stands today and if the deve oper did not g~et tenants [or the other building the building would not have been built. Mr Rosenstocl~ said that the regulations have to be tightened to assure that after this Board approvesl a project, and th~ Commission agrees with the approval of the project, that the project v~ill be built [he way it was approved. Mr. Rosenstock noted that since January 1st there have been 45 projects brought to this Board and the Board has approved 43. The Commission has approved all 4§ projects. If there are changes to a project, they should be brought to this Board's attenlion before they are finally approved. Mr. Rosenstock said he spoke to the City Attorney oday and asked the City Attorney to recommend to this Board what could be ¢ ~nsidered modifications in order to delineate between minor and major modifications i.e. what comes back to the Board and what does not come back to the Board. This is ~ow being left to the discretion of staff and there are not enough controls in place. Mr. Rosenstock, referring to the staff report on the Auto Care Centers proje¢ that was just received at tonight's meeting, noted this was requested a long time ago. 'herefore, staff needs guidelines in place to determine priorities. Mr. Rosenstock said he called the City Manager twice and Ms. Willis indicated she wou d take care of ti matter, which was over a month ago. The day before this meeting, Commissioner Denahan contacted Mr. Rosenstock by telephone and inquired if he received the re ~ort. Mr. Rosenstock stated he had heard nothing. Commissioner Denahan stated ne would take care of it by calling the City Manager. Further, Mr. Rosenstock statedi the City Manager informed him he wasn't g,ven the report because staff did not have ~e time to prepare the report. 17 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 Mr. Dub6 noted that this Board made promises to the residents south of t which are not being met. Because the City Commission was not aware of were changed that this Board promised. Secondly, when this project broke ¢ the well points were put in the ground, I sat on this Board and said "they ~ points in the wrong place. That's not what we apprOved." Mr. Dub6 state¢ staffwhy this happened and was told that is what we approved, and it was n~ approved. e project, his, items round and at the well he asked what we Mr. Rumpf stated he did some research to refresh everyone on the ssue. I~lr. Rumpf looked at the two documents, the master plan and the site plan to see how thb site plan was laid out and referred to the memorandum presented to the Board this evening, rvlr. Rumpf stated that his research to date has disclosed that the way the proje is being constructed is the way it was reviewed and the way it was approved. Mr. Rumpf asked Mr. Dubb for the terminology of a "well point". Mr. Dubb ex[ ained the meaning of a well point. Mr. Rumpf stated that with the exception of a few s nail items which have been itemized, the buildings are going up as reviewed and modifi~ through the review process. Mr. Rosenstock stated again, that these are not the plans that this Board rev ,~wed and that somebody switched the plans. Mr. Bulent Kastadak took the podium and asked Mr. Rosenstock what h~ felt was missing? Mr. Rosenstock asked what the distance between the two buildings ~rected at the present time was supposed to be. Also, the footprint that it is actually sittir~g on now is not the same footprint that was presented to this Board. Mr. Dub~ agree~l with Mr. Rosenstock assessment of a completely different footprint. At this po nt, Mr. Kastarlak requested that the tone of the meeting be changed to a more informal exchange of ideas in order to get to the truth of the matter. The Boa~'d agreed to this informal procedure. Mr. Kastarlak stated that when a site plan is first stibmitted it is a preliminary design and seldom will you find builders and developers coming with a finished construction program for site plan approval. First the builder must finc~ out f the plan will go forward with a schematic. Therefore when the developer appe~irs before this Board with a site plan, the footprints may in all likelihood not be exactly th.~ same as the final construction plan. Secondly, Mr. Kastarlak stated he examined the file re ating to this issue and could not find a separate plan. Mr. Kastarlak agreed with th~ decision to turn the bay doors around by a 90° angle so that the bay doors would not face the street. Mr. Dubb stated that the only bay doors that have been changed are'the three oil change doors. Further, Mr. Dub6 stated that all the other doors were lot facing Congress Avenue, but were behind Amoco and were hidden from view from [he south 18 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8~, 1998 end. Mr. Kastarlak stated that he has not seen that particular drawing, Mr also stated that the possibility existed that the retail building might not have and it is not uncommon for a developer to go bust and to leave a building unfi~ Mr. Rosenstock said that a developer should sign a document stating that he build the project in its entirety. Discussion ensued on whether the plans in th the original plans presented to this Board for approval and [here was a gr~ disagreement among the Board Members and Mr. Kastadak. Cha. rman Wische at this point adjourned the meeting. However, Mr. Rosensl Kastarlak 3een built ished. ntends to ; file were at deal of ~ck stated Chairman Wische could not adjourn the meeting without a vote by the members. Mr. Kastarlak stated that the Board Members were welcomed to come to his office tomorrow morning to look at the plans and the file. Mr. Kastarlak stated that he made calculations taking into consideration that the retail building is built, and deter~mined that a car travelling on Congress Avenue at approximately 35 mph would only vie~w the bay doors for, perhaps two to three seconds. Mr. Rosenstock did not agre~ with Mr. Kastarlak s assessment of the visibility of the bay doors. ~ Chairman Wische suggested that this Board should get together with Mr. Kastarlak to further discuss and straighten out the existing problems. Further, Mr, Kastarlak stated that his department, as well as the City Mana.( have always cooperated with this Board, as evidenced by the 45 plans that reviewed this year. Also, Mr. Kastarlak agreed that a member of this Board present at the Commission meetings whenever this Board has issues preset Commission, if in fact this Board feels staff is not representing this Board as is Mr. Rosenstock recommended to the Commission that a moratorium be d Boynton Beach for any future gas stations or automobile repair Shops being [ Congress Avenue corridor, or even the entire City. Mr. Rosenstock statec Mayor Jaskiewicz agreed to this recommendation and staff is looking into the moratorium and will be preparing a recommendation. Mr. Rosenstock inquire working on this issue and Mr. Kastarlak stated it was. Vice Mayor Jaskiewicz addressed the Board and wished to respond to the about the residents to the south. Vice Mayor Jaskiewicz stated that she ha~ most meetings, and the main concern of those residents was the buffering, la and trees. Vice Mayor Jaskiewicz asked what has changed that would buffering and landsCaping? Also~ Vice Mayor Jaskiewicz stated that she w~ this project up until the last vote when it was going to be passed and felt 19 ,r's office, ave been should be Ied to the intended. .,clared in Jilt on the that Vice ssue of a if staff is ;omment attended hdscaping ~ffect the ~s against here were MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1998 better uses for this land. However, Vice Mayor Jaskiewicz stated that the pn built to date is attractive and is pleased with its progress. Mr. Rumpf stated that when the final plans were approved, they were contingent upon several concitions and several of those conditions were I~ conditions. When the building was relocated from the northern point to the n. the project and the bay doors facing inward more to the south, enhanced I~ was applied and the project will not receive final sign off without the landscaping. Commissioner Titcomb ~nquired when a project ~s approved by the City C ect being approved ~dscaping id point of ldscaping enhanced mmission subject to staff comments does that mean if staff comments change, the Co~mission is approving the changes unseen? Commissioner Titcomb was informed that tltis was the case, and that staff comments can change later after approval. Commissioner Titcomb pointed out that this is the loophole that must be fixed. It was determined that a great deal of the issues that need to be addressed will be done at a workshop meeting. Motion Mr. Friedland moved that the meeting adjourn. Motion seconded by Vice Chairman Reed. Meeting properly adjourned at 9:25 p.m Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) 2O