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Minutes 12-09-97 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOF ON TUESDAY, DECEMBER 9, 1997, AT 7:00 P.M. PRESENT Lee Wische, Chairman Josh Aguila Stanley Dub~ Pat Frazier Maurice Rosenstock Jim Reed, AItamate ABSENT Steve Myott Alternate Mike Fdedland Tambri Heyden, Planning & Zonin Director Jerzy Lewicki. Assistant Planner Michael Pawe~czyk= Assistant Cit Attorney 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:05 p.m., and led the Pledge of the Flag. 2, INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische Jntroducec Vice Mayor JamJe Titcomb Director of Developmer Kastarlak, former Mayor Harvey Oyer, the board members, Assistant City Attorney p the Planning and Zoning staff, and the Recording Secretary. 3. ELECTIQN OF VICE CHAIRPERSON Chairman W sche announced that Vice Chairman Jim Golden has resigned from the b recommended that the election of a Vice Chair be deferred to the next meeting at w there will be a full board. Motion Mr. Rosenstock moved to table any nomination for a Vice Chairman pending a full bo~ at the next meeting, Ms. Frazier seconded the motion, which failed 3-3. Messrs. Aguill and Reed voted nay. Motion Mr. Dubb moved to appoint Jim Reed as the Vice Chair of the Planning and DevE Board. Chairman Wische pointed out that Mr. Reed is an altemata. .IDA ance to Bulent welczyk, ard. He ich time 'd being Dubb, )ment MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1997 Mr. Rosenstock thought Mr. Reed would probably be the best candidate for Vice Cha felt it was suggested that this item be tabled because at this time, Mr. Reed is member. Mr. Aguila seconded the motion. In Attomey Pawelczyk's opinion, an alternate cannot be Vice Chair. Motion Mr. Rosenstock moved to table the election to December 22. 1997 Mr. Aguila se( motion, which carried 5-0. Mr. Reed abstained because of the comments that were n 4. AGENDA APPROVAL Mr. Dub~ stated that he had a request to move up item 8. B. 1. Motion Mr. Dub~ moved to hear Item 8.B.1 first since it will not take much discussion. seconded the motion which carded 6-0. 5. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the Past meeting. Motion Mr. Dub~ moved to approve the minutes of the December 1. 1997 meeting. seconded the motion, which carded 6-0. 5. COME UNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department Final disposition of the November 12, 1997 Plan~ Development Board meeting agenda items Ms. Heyden reported that the East Ridge PUD has been approved by the Co~ including all the recommendations of this board regarding landscaping. The items on the last Planning and Development Board agenda will be going to Commission on December 16~h. rman. He alternate nded the ~de. Ir. Aguila Aguila and mission, the City MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBI~R 9, 1997 The next workshop is scheduled for January 26, 1998 at 6:30 p.m. in Conference R~om C. At the joint workshop meeting last night, several additional issues were identified. Tl~ey will be added to the January 26TM or the February agenda. The main topic will be upgradi~ ~g existing properties with respect to landscaping. With regard to conducting quasi-judicial proceedings, Ms. Heyden requested that th any motion state on the record the reasons behind the motion, particularly if recommended. Mr. Rosenstock asked the City Attorney to expound upon the parameters under whi( can legally be denied. Attorney Pawelczyk will provide this to the members at the ne) Mr. Reed felt it would be useful if on a yearly basis, a discussion is held such as ti' night, particularly for new board members. Ms. Heyden advised that an orientation usually held in April when most of the terms expire. She felt it was a good idea to re practice. Mr. Aguila referred to Discount Auto Parts and stated that when it came before this does not remember seeing the three-door roll down shutters on the main entrance a~ side windows. He also does not recall seeing the displays on the west and south fa are being used for advertising. He asked Ms. Heyden to investigate this matter to sE items were approved and bring the elevation to the December 22"d meeting. Ms. Heyden stated that elevation changes were made between the Planning and De, Board meeting and the City Commission meeting. She will investigate this and r6 board on December 22"°. At this time, Chairman Wische acknowledged the presence of Mayor and Mrs. Jerry T~ 7. OLD BUSINESS NEW BUSINESS B. Other Code Review - LDR Text Amendment 1. Project: Roof Signs - Chapter 21 Agent: Joe Lelonek Description: Request to amend Chapter 21 - Signs of Development Regulations to exclude from the defJ roof signs and roof top signs, signs placed on walls. 3 None. 8. maker of denial is a request meeting. ; one last meeting is sume this )oard, he I the two ;ade that if those opment irt to the flor. e Land qition of parapet MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1997 Ms. Heyden stated that she has discussed the proposed roof sign definition wit Attorney and it warrants a little more clarification. Therefore. it was recommendE underlined language be added to the last sentence of the definitions on page 2 of t material: ROOF SIGN - A sign erected upon or above a roof of a building, or above a parapet building. Signs placed on the front face of a parapet are not consi~ signs or roof top signs provided that the entire s gn is affixed below the ~.' Attorney Pawelczyk referred to the illustration on page 7 [Exhibit B) and stated that additional language, the definition would permit the signs in the two rows on the definition is being changed because of interpretation problems. Mr. Aguila pointed out that there is a conflict in the first sentence. If the sign has to the top of the parapet, the word "above" should be changed .to "upon". Mr. Lewicki stated that the first sentence defines a roof sign and the second sentenc what is not a roof sign. Mr. Aguila stated that the language that Ms. Heyden recommended inserting contradict sentence. Mr. Rosenstock felt a roof sign should be defined as a sign on a roof and no me parapet should be made. Mr. Aguila felt it should be stated in a positive way and suggested the following langua ¢ Signage on parapet walls is allowed to De placed on the front elevation of a or Parapet signs are allowed to project above the roofline behind the parapet a the signs meet all the code requirements and do not exceed the heigh parapet. With regard to his first suggestion, he referred to Boynton Commons and pointed out thi just allowed on front elevations. Ms. Heyden pointed out that this definition is under the prohibited section and a pn section is needed in the code because we want to prohibit several different kinds of sigm Chairman Wische suggested that staff bring this item back to the board at a future date. 1 the City d that the le backup all of a [ered roof top of thout this Iht. This 9p below clarifies the first ion of a ilding. long as of the wasn't hibitive 4 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1997 Mr. Aguila suggested dealing with the prohibitions in a prohibition section and sentence in the sign code that states that parapet signs are allowed as long as certain criteria, and then list that criteria ~serting a they meet Chairman Wische asked for Bulent Kastadak's opinion. Mr Kastarlak stated that thc on page 7 is a form of language and by looking at it, you do not have to really spell as well. With regard .to this particular case. he said if it is a parapet, it should be parapet, not on top of ~t. Mr. Rosenstock asked if trie specific problem is that the fac~ade of the building parapet exists is not wide enough to accommodate the sign that the applicant w Heyden Stated that the problem is twofo d From a~ administrative standpoint, the c~ sig~ definition has been interpreted to disallow signs on parapet wails because pan extend above the flat roof portion of a building The second problem is, in this part cul! Boynton Commons, that because of all the artiCLilation of the elevation, there is noti room to put the signage anywhere other than the Parapet wall. Mr. Aguila suggested removing the last part of the definition so that it reads, "A si,c upon or above a roof of a building." He also suggested adding a definition in the parapet signs, and perhaps for parapets also. Then Section 3 would not have to bE because rooftop signs are not allowed. Ms. Heyden was in favor of Mr. A ' ' ' gulla s suggestions; hov~ver, with regard to Sec advised that the prohibition section does not use the word "rooftop". Joe Lelonek of Land Design South understood that parapet signs on the face of the p~ acceptable and that those above the parapet or above the roof are not acceptable. I- objection to rewording the language in the code to clarify the intent. He had no prol postponing this for 30 days so that Ms. Heyden can clear this up With legal staff. since there is clear directio~ from the board, he requested that Boynton Commons projects in the City be allowed to proceed with permitting of some of the parapet signs. Mr. Aguila pointect out that there ~s a possibility that the Commission may not approw Heyden also pointed out that il also has to be advertised to the public and there is a that someone might not want signs on parapet walls. She suggested presenting an ( to the Commission and not bringing this back to the board. However, Mr. Rosensto( board would be remiss in its duties if it allowed a change in the sign code without revi~ exact verbiage. Mr. Kastarlak suggested that graphic illustrations also be part of the Code becau cannot express everything. illustration t in words )ut ,on the vhere the hts. Ms. rrent roof ~pet walls ~r case at adequate ~ erectect oode for changed 3, she 3et are had no em with owever, 3d other it. Ms. )ssibility dinance felt the ring the words MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1997 Motion Mr. Rosenstock moved that this item be tabled and that the Planning and Zoning return at the next meeting with a change in the sign code ordinance as discusse signed approval of our attomey. Ms. Heyden suggested bringing this matter back to the board between first and sect Mr. Rosenstock did not wish to change his motion. Mr. Aguila seconded the motion, which failed 3-3. Mr. Dub6. Ms. Frazier, and Mr. nay. , Motion Mr. Dubb moved that staff bring this back to this board between first and second approval or disapproval and for changes at that time. Mr. Rosenstock did not think the ordinance could be changed after first reading. Attorney Pawelczyk advised that minor revisions can be made between first an reading; however, the changes would have to be recommended by the CommissiC reading. He stated that this can be in ordinance form, with the amendments board, by December 22"d However it w~,,,~,4 ,.,.~ .......... suggest~ ,.,'-,,,-~ ,au[ Mu [u LHe ~.,ommlsslon undl January 6! With regard to Boynton Commons. Mr. Lelonek stated that permits have been ~ssued of the projects and sign permits have been issued. He requested that the permittin,( not be held up. Ms. Heyden pointed out that there is an extra week in December and staff will be able this back to this ooard on December 22"a and still make the next City Commission meet~ Mr. Dubb withdrew his motion. Motion Mr. Aguila moved to postpone any decision on this issue until the next Plan Development Board meeting, which is December 22"d, at which time staff will pro alternative way of dealing with this sign problem issue. Ms. Frazier seconded the motio carried 6-0. epartment with the reading. zed voted ading for second at first by this 998. or some process to bring ~g and ose an which MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMB A. Public Hearing Zoning Code Variance Project: Agent: Owner: Location: Description: Merrill Lynch Electromedia, Inc. Canterbury Real~y 1301 N. Congress Avenue Request for a variance to Chapter 21 - Signs, Section 2.C of the Boynton Beach Land De; Regulations to allow an increase in the allowal: footage of a wall sign from 150 square feet to feet. Mr. Aguila pointed out that the backup material states that there ~s no ability for sign~ pylon sign on Congress Avenue. It seemed to him that there ~s room for four tenants. Attorney Pawelczyk swore in all witnesses. Chairman Wische opened the public hearing; however, no one in the audience address this item. Mr. Aguila asked if there is room on the pylon sign on Congress Avenue to depict "Merrill Lynch". Steve Caraccio of Electromedia, Inc, 4340 Winchester Lane, West Palm Beach. sai¢ however he was not sure which tenants have been promised spots on that py,, understanding is that the pylon sign is for m nor tenants. Also. the owners were not ay they were going to have two anchor tenants, both of whom are financial institutions. BE the setback of the ~)uilding, any other building sign that complies with the code is going small to be legible. Mr. Aguila did not see any reason for putting more signage on this building. Mr. Caraccio stated that the lettering on the Republic Security Bank is 19 inches and aViSible'distance.Chairman Wische advised that he could see the Republic Security Bank sign fr Mr. Caraccio referred to the balance o~ the sign band and stated tha~ keeping letter heights is going to look a lot less "malJish". Mr. Kastadak stated that the type of lettenng, as opposed to the size, might be the det~ factor for legibility. If you put a flat letter on the face of the building= without any dimensk -'R 9, 1997 icle IV, ~elopment le square 37 square e on the ished to words, lere is; m. His /are that :ause of be too barely m quite of like "mining ~ to it, it MEETING MINUTES PLANNING AND DEVELOPMENT BOARD FLORIDA BOYNTON BEACH, DECEMBER 9, 1997 ~vuould be much more egible. A so, the lines of the lettering coinc de with the i les of the ildlng and ths has a great deal to do wth the legibility of the sign. He suggesl cl that by staying away from the hodzonta lines of the building by two or [hree inches, the s in will be be~er pronounced and better read. Mr. Caraccio agreed with Mr. Kastadak; however, he stated that the drawing is deceiving. It is a sign band and, therefore, does not present hodzonta nas Also I out that ~he purpos~ qf the lettering with d mension s not just for aesthetic purposesi for the purpose Of beldg able to il]u~ninate it at highland being able to conceal the ne Motion Mr. Rosenstock moved to deny the request of Canterbury Realty for a variance to Ct Signs, Article IV, Section 2.C of the Boynton Beach Land Development Ragu ations t increase, in th® allowabla square footage of a wall sign from 150 square feet to 187 sc Mr. Aguila seconded the motion, which carried 6-0. Project: Boynton Beach Mausoleum Agent: Bedl Kruger Owner: Boynton Beach Mausoleum. Inc. Location: 1611 S. Seacrest Blvd. Description: Request for a vadance to Chapter 2 - Zoning, Se, 5.J.2 of the Boynton Beach Land Dev, Regulations to allow a reduction of the minimum setback requirements from 30 feet to 10 feet. Chairman WJsche opened the Public Heanng. Harvey Oyer resides at 227S.W. 15~h Avenue, d~rectly' oppos te the proposed extensi mausoleum. He felt the City should abide by its rules and regulations. He opposed thi~ because he did not think there is a hardship, because there are a lot of accidents in and it would block the view of the people coming out of Highpoint and the ballpark. Mike Agnello, 208 Bermuda Lane Palm Beach. owns rental property next to Harve property, in addition to several other properties on Woolbright Road, includ ng Woolbrigi He concurred with Mr. Oyer's cemment~ and d d not find any merit for granting this vari~ addition, he did not think this would be aesthetically pleasing. Bedl Kruger was sworn in by Attorney Pawelczyk Mr. Kruger stated that the only visil: would be blocked is to the east. In addit on, a though the land use on the property ac! street is residential, the undedy ng land use is COm~emial. Therefore, any developm w be done in the future on those properties will be done as commercia. With regard tO redevelopment in this area, nobody is going to be building on the ball fields and nobody going to be building on the cemetery. Therefore, there will not be any more developn ~mewhat le pointed It is also ~ter 21 - allow an ~are feeT. [ion .~lopment ;ida yard n of the request '~is area Oyer's t Plaza. nce. In lity that ~ss the ~nt that further else is ent on 8 MEETING MINUTES PLANNING AND DEVELOPMENTBOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1997 the south side of Woolbright Road from Seacrest Boulevard to 1-95. It is built out, e) mausoleum. There will be trees planted along the east portion of the properly. The main ac~ mausoleum and the cemetery is from Seacrest Boulevard. Any commercial develop! Woolbright Road on a side access or a side prope~y line is permitted to build 14 Woolbright Road as long as access s on another s de street. The access s oi Boulevard; therefore, th s is a side setback He pointed out that the City is not aski variance. The City owns the property and has a contract with the developer for the mi Mr. Aguila felt the proposed addition is too close to pedestden and vehicuar t~ Rosenstock agreed with Mr. Aguila and pointed out that we just had a joint workshopi discussed beautification, setba~;ks, and greenery within the ~ity. Mr. Reed did not think that this meets the requirements for a variance. Mr. Aguila felt has a lot of other reasonable use of the entire cemetery property. He did not thinl would be preventing the owner from reasonable use (~f h s land by not allowing addition. Mr. Kruger stated that this p~ece of property is long and narrow. The owner does n( entire cemetery. The City does. He read the six reasons justifying this vadan~ information was provided in the backup matedal with the agenda.) He stated tha commercial areas, a variance would not be needed because a 10-foot side setback is in a COmmerciaJ zoning district. He pointed out that there is access to Seacrest E there is a side setback on Woolbright Road, and there will be landscaping placed be side of the mausoleum and Woolbright Road. The building will no[ block the view ~ coming out of that road onto Woolbdght Road. Traffic coming from the west would be any traffic coming out of the side road. The only reason a variance is needed is becai are still two residential properties with an underlying Jand use of commercial. Mr. Aguila pointed out that according to the Public Usage District, which this is zone setback must be 15 feet if it does not abut residential Motion :ept for the ess to the went along feet from Seacrest 3g for this ~usoleum. ,ffic. Mr. where we B owner lhe board is 20-foot own the -=. (This in most ~ermitted )ulevard, ween the ~f people visible to Ise there I, a side Mr. Rosenstock moved to deny the request by the Boynton Beach Mausoleum, I ~ for a variance to Chapter 2 - Zoning, Section 5.J.2 of the Boynton Beach Land Dev Io Regulations to allow a reduction of the mi,,~m .... ;~ .............. I'i~l, pment ......... ,,-,,~,,, o,M~ ycllu ~srC[DaCK requ rements from feet to ~u feet. ~r. [JUDe seconded the motion. 3~ Mr. Aguila clarified that if this did not abut a residential district, the bast the owner co,ul~t lega y do is 15 feet. Therefore, his request for 10 feet is above and beyond what everyb(dy else enjoys. The motion carried 8-0. 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMB 9. COMMENTS BY MEMBERS None. 10. ADJOURNMENT There being no further bus~ness [o Come before the board, the meeting was adjourr p.m. Eve Eubanks Recording Secretary (Two Tapes) 10 ER 9, 1997 .~d at 8:28