Loading...
Minutes 01-27-98MIN UTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORID TUESDAY, JANUARY 27, 1998, AT 7:00 P.M. PRESENT Lee Wische, Chairman Jim Reed, Vice Chairman Stan Dub~ Pat Frazier Mike Friedland Maudce Rosenstock Steve Myott, Alternate ABSENT Jos~ Aguila Tambri Heyden, Planning and Director Bulent Kastarlak, Developmen Michael Pawelczyk, Assistant Attorney 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:05 p.m The Pledge of All the Flag was recited. liance to Chairman Wische introduced the members of the board, Attorney Pawelczyk Recording Secretary, and acknowledged the presence of Commissione Jaskiew~cz and Vice Mayor Jamie Titcomb in the audience. 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Mr. Dub~ moved to approve the agenda as submitted. Mr. Myott seconded th~ which carried unanimously. 4. APPROVAL OF MINUTES No additions, deletiOns, or corrections were made t° the minutes of the last meE and the Shirley motion, lng. HELD IN ~, ON _~oning Director ;ity 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUAR Motion Mr. Dub6 moved to approve the minutes of th9 January 13, 1998 meeting as Mr. Friedland seconded the motion, which carried unanimously. 5. COMMUNICATIONS ANDANNOUNCEMENTS A. Report from the Planning and Zoning Department Final City Commission Disposition of the December Planning and Development Board meeting agenda items Ms. Heyden reported the following: Text amendment to the sign code pertaining to roof signs - apt second reading Zoning Code Variance - Four Steel Communication Tower for set[ landscaping - approved 27, 1998 ~ubmitted. 1997 roved on ~cks and Land Use Amendment/Rezoning - Foster Property - approved for t ~nsmittal to the Depar[ment of Community Affairs (hereinafter referred to as % 3A") Woolbright Place PUD - Master Plan Modification, Land Use Amendment, and Rezoning/Land Use Amendment - approved for transmittal to th~ DCA Utility Easement Amendment - Woolbright Twin Medical Plaza - app oved School Siting Amendment to the Comprehensive Plan (required)y State Law) - this has been put on hold Plan B. Quarterly Report for Site Plan Waivers and Minor Si Modifications This report was provided to the members of the board. 2 6. OLD BUSINESS None. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUAR'~( 27, 1998 NEW BUSINESS A. Public Hearing Conditional Use 1. Project: Agent: Owner: Location: Description: Four Steel Communication Tower Marda Zimring Michael C. Desimone and Paul D. DE Approximately 275 feet south of Oce and west of 1-95 Request for conditional use approva 140 foot telecommunications tower o~ Ms. Zimring agreed to all the staff conditions. .~rugillier Avenue the Consent Agenda. :o erect a a vacant Mr. Myott stated that in the text and at a previous meeting, the tower was r6 as 141 or 143 [.eet. However, on the plan it shows it as 161 feet. Ms. Zimrir that it is going to be limited to 140 feet and the plan submitted for building reflect that. Mr. Myott inquired about the diameter of the pole. A gentleman in the advised that it is approximately 42 inches at the base and 12 to 15 inches at th~ Ms. Heyden advised that the applicant meets all the criteria for conditional use and she recommended approval of this request. 3 wished 'esented advised mits Will udience top. ~pproval Chairman Wische opened the public hearing; however, no one in [he audien, to address this item. At this time, Attorney Pawelczyk swore ~n aJ those who planned to testify on any item on the agenda this evening. He reminded everyone that each of the iten on the agenda this evening will be placed on the Consent Agenda ['or the City Co~nmission meeting. Therefore, this is the only opportunity to present all the evidence and testimony, etc. because the Commission is under no obligation to pull these items off MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JAN UARY 27, 1998 As previously discussed at another meeting, Mr. Kastarlak was interested in an auxil ary use of this tower for other purposes. Ms. Zmring advised that the engin~eers were present and they could speak to Mr. Kastarlak about this after the meeting. Motion Mr. Dub~ moved to approve the request for conditional use approval to erect ~a 140 foot telecommunications tower on a vacant lot for Four Steel Communications, Isubmit to staff comments. Vice Chairman Reed seconded the motion, which carried unanimously. B. Subdivision Master Plan Modification 1. Project: Agent: Owner: Location: Description: Boynton Commerce Center Planne~l Industrial Development (PID) Alan Gainsborg Boynton Commercenter, Limited Parb Corporate Drive Request for modification of the I approved PID master plan to combin 3A, 3B and 3C and replace the fou office buildings, totaling 429,600 sql with four warehouse/manufactul operation centers, totaling 134,259 sc~ and two future buildings totaling 72,4z feet. With regard to the master plan modification, Mr. GainSborg agreed to all recommendations. However, he pointed out that the square footage,, recommendations are inaccurate based on some inaccurate data that was staff. The total project will be 206,460 square feet. With regard to Phase project (Buildings A, B, C and D), the square footages on the site plan as ~rship reviously ; parcels planned are feet, ng/office ~are feet square were incorrect. Building A is 24,481 square feet. Building B is 43,225 squllre feet. BUilding C as shown on the plan is 32,279 square feet, and Building D is 43,239 feet. Phase 2 of the project (Buildings E and F) Will total 63,236 square feet. I square staffs in the ~liven to of the Ibmitted 4 MIN UTES PLANNING AND DEVELOPMENT BOARD ME ETING BOYNTON BEACH, FLORIDA JANUAR~f 27, 1998 Mr. Myott asked if this affects any of the comments. Ms. Hoyden stated that slhe spelled out the square footage for each building in comment 36; however, she will ~ake those adjustments. Mr. Myott asked if the parking requirements would still be met and Ms answered affirmatively. Chairman Wische opened the public heanng; however, no one in the audien to address this item. Mr. Myott inquired about the elevation scheme and the wave. Mr. Gainsbo~ that it ~s an adaptation of a park that was recently rehabbed in Broward C¢ combined the raised stucco band wave with the freestanding panel elevation. Mr. Myott asked if the proposed color is the same color as the bands on th~ existing build rng. Mr. Gainsborg advised that there is a different color scheme. 'he three existing buildings will be repainted and other aesthetic work will be done to into concert. Motion Vice Chairman Reed moved to approve the request for modification of the approved PID master plan to combine parcels 3A, 3B and 3C and replac, planned office buildings with four warehouse/manufacturing/office operation ce two future buildings, subject to staff comments. The total square footages buildings was corrected by Mr. Gainsborg as stated in these minutes. seconded the motion, which carried unanimously. C. Site Plans New Site Plan 1. Project: Agent: Owner: Location: Description: Heyden wished advised Jnty. He 'lng them reviously the four item and of these Ir: Dub~ Boynton Commerce Center, Operations Centers "A", "B" and "C" Alan Gainsborg Boynton Commercenter, Limited Partnership Corporate Drive j Request for site plan approval to constt'uct four warehouse/office/industrial buildings or l parcels 5 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 27, 1998 3A, 3B and 3C (4.61 acres) of Ih Commerce Center PID. Mr. Gainsborg agreed to all staff comments, with the exception of comme, advised that the correct square footages are as fellows: Building A Building B Building C Building D 24,481 square feet 43,225 square feet 32,297 square feet 43,239 square feet Comment 39 requests a Unity of Title on the four ex sting bu dings. Howeve Commercenter only owns three of those buildings. Therefore, he agreed to Unity of Title with parcels 3D, E and F, but not 3G. Ms. Heyden confirmed ti' an error and that Mr. Gainsborg was correct. Boynton 36. He Boynton 3rovide a : this was Chairman Wische opened the public hearing however, no one in the audience Wished to address this item. ~ Mr. Dub6 requested thai Cypress Mulch not be used and Mr. Gainsborg agreed.L Motion Mr. Dub6 moved to approve the request for site pan approval to cons~uct four warehouse/office/industrial buildings on parcels 3A, 3B and 3C (4.61 acre§) of the Boynton Commerce Center PID, subject to staff comments and the following: *.** Comment 23 - that no Cypress mulch be used 4* aCnO~nment 36-replace the square footages as corrected by Mr. Glainsborg; *;* Comment 39 - Unity of Title be given on all but 3G. Mr. Myott seconded [he motion, which carried unammously. 6 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 27, 1998 B. Subdivision Master Plan Modification Project: Agent: Owner: Location: Description: Shoppes of Woolbright Planned Commercial District (PCD) Susan Prillaman Howard Scharlin, Trustee c/o Michael Morton East and west sides of S.W. 8th Stre~ Woolbright Road Request for modification of the ~reviously approved master plan to move ~he north property line between Home Depo and the undeveloped property to the north 40 :eet north and to subdivide the undeveloped prolperty and vested square- footage into a 3.99 acre parcel with 49,106 square feet of retail andla 10.626 acre with 108,004 square feet of reta, (If item B.2 approved, proceed to item C.2.) north of John Shern, Real Estate Manager for the Expo D v sion of the Home Depot Atlanta Georgia, referred to commenl 3 and did not believe platt ng is required bec~ Jse after the purchase and redistribution of the property, the resu tant properties will onl' result in two parcels. He displayed a drawing of the overall master plan to cladfy this p( nt. Ms. Heyden still felt platting is required. Mr. Myott asked if it is a plat or a replat. Ms. Heyden advised that it is a replat. Mr. Shern reiterated that if the property resu tant is two parcels or less, patting is generally waived or required to be wa ved He stated that patting would be a severe time imposition on the ab ity to go forward with this development. It was Mr. Kastarlak's understanding that this particular review was to be cqnducted from the very beginning under the PCD rules and regulat ons and review pro~.edures. This was made very clear to the owners and potential users because if it was not a PCD and was something else, like a subdivis on, there would have been a differen~ type of review. In the futu re, if there is a change from PCD [o some other form of devel~opment, 7 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUAR~Y 27, 1998 the review in front of the board this evening would not be valid and another review would have to be done at that time. Mr. Shern advised that this PCD is not being subdivided. He referred to master plan that he displayed and stated that if the yellow portion is further and the result is three or more parcels, then it would have to be replatted. the present time, there are only two parcels. Mr. Kastarlak stated that if the area designated yellow is subdivided in the fu no longer be a PCD. The area designated ye ow w be extracted from the the P(~D will no longer exist. This applicant will have two lots separated designated yellow. He reiterated that whatever we do should be for the w The area designated yellow is not owned by Home Depot. ~e overall ubdivided ~wever, at ure, it will PCD and the area ole PCD. Mr. Shem did not know if this app cant can be held accountable for what m g ~t happen or not happen n the future. He 'stated that the applicant s enter ng into a t ~nsaction that will t~l~e a piece of property owned by one owner and create tv~o parcel out of it. He believes this is consistent and conforms to the policies and regulations of the City. He did not be eve that those policies or regulations requ re platting in this circ~ mstance What may happen in the future to the apb cant's marcel or th,~ ............... u ~,, ;el would have to come. back to staff and the C~ty for the appropriate determination of ;tion. He did not believe that this particular action at this particular time triggers that re( rement. Mr. Rosenstock was concerned about what would happen if this site plan ~pproved this evening and the corporate owner of this property comes back again. He fondered if we are foreclosed from taking any acton on the parcel designated in yell w in the future. Mr. Shem pointed out that whatever happens to that properly in the futu~; has to conform to the rules and regulations of the City. He stated that there was a s~ ggestion that this applicant buy the rest of the property. Mr. Kastarlak commented Ihat that would be wonderful. Mr. Shern found that outrageous. He stated that he war :s to buy a p~ece of property in Boynton Beach to conduct his business and knows exs ;tly what he needs to conduct his business. He objected to buying more property and 21anning somebody else' piece of property. He has prepared his master plan cons stent with his building and consistent with the business he intends to conduct there. He did wot know .~platting ~s of the why they were made to suffer the additional time necessary to go through the process when it does not seem to be consistent with any of the rules or polici 8 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY, 27, 1998 City of Boynton Beach. He is trying to open a business by a date certain ih October 1998, Mr. Myott asked why this would affect the PCD designation and if PC£ adjacent to each other. Mr. Kastarlak advised that this property can be turne PCDs. However, they would have to operate on their own independent criteri~ Attorney Pawelczyk would like to look into the replatting issue further. Mike Cavelli, a Certified Planner with Caulfield and Wheeler, stated that the zoning designation of the property. When you go through the PCD pro establish various cdteda by which you are going to evaluate this site in setbacks, parking, and all the development standards. You get some requirements that under conventional zoning you normally would not have. Y~ build an ordinance for a particular piece of property in a particular area that some latitude in terms of how that property is developed if it does not quite conventional zoning type situation. The subdivision regulations deal with platting, not the PCD. The PCD is development tool by which you establish criteria to do a review. If that piece c needs to be platted, then yeu follow the platting regulations in terms of what on that document, how that document is prepared and presented, and what is The only thing you are going to affect n the PCD by doing a plat is if there minimur~ 10t Siz~ requirements access requ rements, spec fic drainage require any other requirements that are part of the regulation of the zon ng The plat E recordation (~f a graphic representation of a legal description. if somebody wants to deve op on y a section of the yellow area, they wouk replat showing the number of parcels that are created in the yellow area. Th s affect whether it is reviewed Under a conventional zonin~ or a PCD zor can be into two ~CD is a ess, you terms of buffering u custom lives you fit into a "nerely a property ~as to be eviewed. are any nents, or merely a have to does not ng. No application is filed to change the zoning, The issue of not knowing what is goi~ ;I to take place there does not have any bearing on the PCD. Under the definition of st ~division regulations, if it needs a plat it, is reviewed in terms of the State Statute reqq~rements and the City Code requirements in terms of the information that has to be on ~that plat That does not c~ange the 'zoning. You still have the latitude to review that under the standards of the PCD'that it is not so much a question of knowing what is going to Mr. Kastadak stated happen in the future. He pointed out that if there are separate guidelines for each one 9 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 27, 1998 of the parcels, there is no PCD. He was trying to preserve the unity of this entire complex as one PCD. Attorney Pawelczyk questioned if each parcel is rewewed under the PCD ~uidel nes and has to conform to those guidelines and if staff reviews those guide ine,s, ito assure that they are in conformanCe with the zoning requirements Mr. Kastarlak scfd they all have to be under the one guideline established f(~r this PCD. Mr. Morton, one of the owners under the Howard Scharlin Trustee Agreeme brief history of the platting of this property. Mr. Kastadak stated that platting issue. If the master plan is going to be changed every time a parcel comes ' loses its meaning. The PCD is based on the master plan. The two of them ge If the master plan is modified every time someone comes m, then the rules o are also being modified. Mr. Shem was in favor of the City Attorney's Office reviewing the necessity of Under these circumstances. If there is an obligation to replat, he agreed However, he did not want to be required to replat purely because he is asl master plan modification. Chairman Wische opened the public hearing; however, no one in the audien to address this item. t, gave a s not the [o play, it together. the PCD 'eplatting ~ do so. ing for a wished Motion Mr. Dubb moved to approve the request for modification of the previously approved master plan to move the north property line between Home Depot and the undeveloped properb~ to the north 40 feet north and to subdivide the undeveloped pro.p~.rty and vested square footage into a 3.99 acre parcel with 49,106 square feel of retail ~nd a 10.626 acre with 108,004 square feet of retail, subject to staff comments and subject to review of the necessity for comment 3 by the City Attorney s Office and st~ff. V ce Chairman Reed seconded the motion, which carried unanimously. C. Site Plans New Site Plan 2, Project: Shoppes of Woolbright - Home Depot Expo Design Center 10 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 27, 1998 Agent: Owner: Location: Description: Susan Prillaman Howard Scharlin, Trustee c/o Michael Morton Southwest corner of unimproved PL Way and the CSX railroad. Request to construct 108,004 squ~ retail space on 10.626 acres Shoppes of Woolbright PCD. · pie Heart 'e feet of ithin the Mr. Shem stated that staff has been very helpful, cooperative, and respen ye. With regard to comment 16, he stated that the agreements between Mr. Morton ar ~ the City are silent on the issue of the streetlights, it is his understanding that stree ights are under a master agreement with FPL and are not the responsibility of the develiper. Ms. Heyden d~d not verify whether or not the agreement referred to in corot merit 16 addresses streetlights. However, whenever a street extension is req~ fred, the streetlights are required to be put in. The developer makes those arrangem ~nts, FPL puts in the lights, and the City then pays for the energy and maintaininc them in perpetuity. Mr. Shem addressed comments 20 and 27 and stated that he attempted to nclude a sign package which is a compromise from the agreement between Mr Morro and the City. The current situation a ows for two s~gns to exist. He suggested elimin ~ting one of the s~gns and having a sign of the proportions noted in item 20. This sign w~ uld carry all of the major tenants of the PCD and there would be no requirement for th second sign currently allowed. Chairman Wische inquired about the size of the proposed sign. Mr. Shem ad, sed that the existing sign is about 8'7" wide and 30' tall. The proposed sign is 10' wid, and 30' tall. The existing sign is about 160' from the pavement. He found that th, re ~s no proportional adjustment for distance from the road for s gnage. In the agreeme~nt, there is an additional sign that falls into this location. This eliminates the allowance for this additional sign and incorporates the Home Depot, the Expo, and the major t~nants of the PCD onto a m°nument sign 30' tall and 10' wide. With its base, the ca~lculation comes to 270' of signage. The alternative is to keep the existing sign, which ~s about the same size, and add the additional sign elements to the second sign. How~ever, he found this architecturally d stracting. The purpose of the sign is to eliminate c~r~fusion for people on this road before they have to make a decision. He wanted to corJnbine all 11 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 27, 1998 the information one would need to one location on a sign that is readable from the street. Mr. Shem requested permission, to u_s,,e the Expo natonal ogo letter colors o~ the sign. Of the four letters in the word, Expo, two of the co ors probably conform and two of them probably do not. Expo is a un t of Home Depot tl~at s about to be Irolled out nationally to the tune of 20~) stores. Boynton Beach has been se ected for t~.e third of the [rue prototypes. This will be the subject of national advertising andt national exposure. It is very critical that the applicant be able to combine the advertisi Ig with the signage and the store displays to provide for consistency. Mr. Myott pointed out that the other three tenants coutd request that the col~ 's of their logo Signs be allowed also. Mr. Shern stated that they would have to go th ough the process and be reviewed. Mr. Rosenstock questioned staff about the size of the sign. Ms. Heyden a( 'ised that that existing sign is nonconforming. It fa s under the amortizat on olause ~ id would have to be replaced in 1999. The sign wou d have to conform to a 10 foot set ack, 160 square feet in size, and no taller than 20 feet. Mr. Rosenstock felt the only reason the applicant wants the sign to be 10' x ~30' is for advertising purposes. Mr. Shern pointed dut that the sign has to be read from lover 160 feet, or 50 yaCds from the traveling surfa~;e Mr. Shern was willing to put in the two signs instead; however, he d d not think that would be in the best interest o!Jwhat the Ciiy is trying to accomplish. He was offering an alternative which amounts to less square footage and Jess signage. Attorney Pawelczyk advised that the applicant would have to apply for a sign In addition, in general, sett ement agreements must be amended by the C( Shem withdrew his objection to comr~ent 20. Mr. Shern referred to comment 24 and pointed out that th s property is under to the Florida Department of Transportation and he did not know if he had th~ modify the vegetation on their easement. He expressed the same conc comment 25. Mr. ROsenStock was disappointed with the way Home Depot has landsc propertY He suggested that the corporate officers or the people responsible 12 'ariance. Jrt. Mr. Isement right to ~rn with Ped its )k upon MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUAR~ 27, 1998 their community responsibility regarding landscaping and see what they kan do to improve it. Ms. Heyden advised that Royal blue was contained in the original sign Nothing else in that center is Royal blue, so we are going to lose one color. She advised that we have been having some difficulty with Home Depot in gE to maintain their landscaping in the rear of their bud rig. The City Forester h on getting Home Depot to comply with their section of the buffer; ther, applicant should not have any problems meeting comments 24 and 25. reiterated that he was not sure he had the right to do this. As long as he is able he will. program. ting them ~s worked fore, this ~r, Shern to do it, Mr. Myott referred to comment 27 and asked if the approved sign program amended to include violet, pea-green and two other colors that may not t' used to date. He felt the Expo logo and the elevations of the building were Ms. Heyden advised that Royal blue is the only color that is not currently bE She just wanted to bring to the board's attention that additional colors are bei~ There are now 12 colors. Mr. Morton advised that Royal blue will no longer be the program. Discussion ensued regarding the size of signs. Ms. Heyden and Attorney F explained that all nonconforming signs have to comply by December Therefore, any sign larger than 160 square feet will have to be taken down. could be ~ve been ~ttractive. lng used. Ig added. ~ color in ~welczyk I, 1999. Mr. Dub8 referred to comment 28 regarding roof top equipment and commente~ that the Home Depot rooftop can be seen from 1-95 and Woolbright Road and it is a meis. Chairman Wische opened the public hearing however, no one in the audienc~ wished to address this item. Motion Mr. Myott moved to approve the new site plan for the Home Depot Expo C submitted, subject to staff comments in the supplemental handout at the tonight. Vice Chairman Reed seconded the motion. ;nter as meeting Ms. Heyden asked if the Board wanted to delete comment 27 and allow the grben and viOlet colors. Mr. M¥ott added the follOwing to the motion: That we include tl~e green 13 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUAR~ 27,1998 and violet as submitted on the sign drawings to be included in the sign crite ia for the development. He withdrew comment 27 in the handout. Vice Chairman Re~d agreed to the change to the motion. The motion carried unanimously. 8. OTHER None. 9. COMMENTS BY MEMBERS None. 10. ADJOURNMENT There being no fur[her business to come before the board, Mr. Rosenstock adjourn the meeting at 8:43 p.m. Ms. Frazier seconded the motion, whi unanimously. Eve Eubanks Recording Secretary (Two Tapes) 14 moved to carried