Minutes 09-09-97 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORID/~ ON
TUESDAY, SEPTEMBER 9, 1997, AT 7:00 P.M.
.PRESENT
Lee Wische, Chairman Tambri Heyden, Planning and !oning
Jos~ Aguila Director
Mike Friedland Jerzy Lewicki, Assistant Plann r
Stan Dubb Michael Pawelczyk, Assistant ;ity
Pat Frazier Attorney
Maurice Rosenstock
Steve Myott. Alternate
James Reed Alternate
ABSENT
Jim Golden. Vice Chairman
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:08 p.m. The Pledge of All ,giance to
the Flag was recited.
2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEIV IERS
Chairman Wische welcomed Vice Mayor Jamie Titcomb to the meeting and ~troduced
the members of the board and Attorney Pawelczyk. In the absence of Vice Chairman
Golden, Mr, Myott sat at the dais as a voting member.
3. AGENDA APPROVAL
No additions, cteletions, or corrections were made to the agenda.
Motion
Mr. ~)ubb moved to approve the agenda as submitted. Mr. Friedland sec
motion, which carried unanimously.
reded the
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
4. APPROVAL OF MINUTES
Mr. Dubb pointed out that Vice Chairman Golden voted in favor of the motion
Walgreens, and Chairman Wische voted against it. The Recording Secretal
that she had already corrected the original set of minutes to reflect that.
Motion
Mr. Dubb moved to accept the minutes of the August 26, 1997 meeting as
Mr. Rosenstock seconded the motion, which carried unanimously.
5. COMMUNICATIONSANDANNOUNCEMENTS
A. Report from the Planning and Zoning Department
Final City Commission Disposition of the agenda iterr
the last Planning and Development Board meeting
Chairman Wische advised that he received a memo from the City Clerk statir
ordinance was amended with reference to the absentee policy for this
member can be absent six times, and upon the seventh absence, the meml
removed from the board. Ms. Heyden advised that this was done because
doubled the meetings it has in one year.
At this time, Chairman WiSche recognized the presence of Commissioner Mat
Ms. Heyden reported on the Commission's decisions on the following items:
- Mobil Gas Station and Convenience Store - Zoning Code Variance - Appr~
Mobil Gas Station and Convenience Store - Conditional Use - Approved
staff's comments and the Planning and Development Board comme
Commission decided to change the color of the yellow band around the cc
store building to a lighter shade of yellow. With regard to the exterior ligk
parking lot, the applicant will have to come back when they go to the C,
and Planning and Development Board with their sign program. In the
staff will be investigating existing service stations to see what their light
and make a comparison.
· Miami Subs - Community Design Plan Appeal - Denied by the Pla
Development Board and the City Commission.
· The Manors at Newport Place PUD - Site Plan Approval -.Approved.
2
'egarding
advised
mended.
from
I that the
)ard. A
er will be
:he board
Bradley.
red.
subject to
~ts, The
~venience
lng of the
mmission
~eantime,
evels are
~ning and
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
=
Attorney Pawelczyk swore in all those who planned to testify this evening.
OLD BUSINESS
=
None.
8.
Auto Care Center of America - Site Plan - Approved subject to the Pla
Development Board's comments.
Alhambra Square North - Site Plan - Postponed by the applicant to the
16th City Commission meeting.
SWEARING IN OF WlTNESSES
NEW BUSINESS
A. Public Hearings
Administrative Appeal
1. Project:
Agent:
Owner:
Location:
Description:
Cross Creek Centre
Stewart F Denholtz
awnings of the eastern-most building
change in color from white to yellow
stripes.
ning and
~ptember
Cross Creek Centre Association
North side of Boynton Beach Boulevard,
approximately 400 feet east of~Congress
Avenue - 1301-1313 W. Boyntc~ Beach
Boulevard ~
Request for approval to replace thf existing
allow a
and white
The one condition of approval submitted by staff was to retain the barrel c~
the eastern building as white, or change the color to match the building or
color on the main building.
Robert Bentz of Land Design South and Stewart Denholtz. owner of the C
Centre. were present. Mr. Bentz advised that in 1987. this was approve
awning request before this board this evening. This center was originally d~
Gene Lawrence. His intent was to design a s~mple building n one monoton~
have an accent on that building, which were the awnings. The awnings were
white, not the standard yellow or white as they are today, to give them deft
the remaining portion of the center. It was Mr. Lawrence's intent to
~opies on
~e awning
)ss Creek
I with the
Signed by
color and
'ellow and
dtion from
make the
3
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
architectural elements that protrude from the building that identify the access
that portion of the office building stand out differently than the remaining por
property. Today these buildings are a monotone color and have no deflniti~
not stand out. By putting the band on the awnings, it was Mr. Lawrence'~
provide a depth to the overall building and give it some definition and delinei
the remaining portion of the center. He requested the board's approval to
applicant to replace the two semi-circular awnings with the yellow and whit
that was originally approved 10 years ago, retum to the original architectural
provide better delineation.
He said staff is recommending that they be either yellow, white, or tan. The
the board were provided with a brochu re showing the center when it was fir
was an artist's rendition showing the yellow and white banding as requested.
oints into
on of the
n and do
intent to
~tion from
allow the
~ banding
eme, and
;mbers of
built. It
Chairman Wische'inquired about staff's objection to the yellow ane white. M ,. Heyden
did not feel staff should overturn a decision that was made by a pre' ious City
Commission.
Mr. Aguila was in favor of the two colors. He pointed out that there are some ead trees
that have not been replaced for a few years, and he wished somebody would do
something about that
Mr. Dubb preferred all tan or all white, but not all yellow or yellow and white He felt it
would be too garish.
Mr. Reed had no problem with either design. He felt this was a matter ¢ personal
preference rather tha~ some principle ana that we should let the developer ( , what he
thinks is best for his property.
Mr. Myott asked if the applicant is proposing to install the end caps on the ~ znings as
shown in the renderings versus how tr~e awnings were installed. Mr. Bet :z did not
propose to install th6 end caps as shown in the renderings. Mr. Myott preferr~ white.
Mr Friedland felt yellow and white would be an interesting, bright, an cheerful
approach as opposed to monotone.
Ms. Frazier felt the rendering was beautiful and pointed out that because of
awning, everybody knows exactly where Cross Creek is.
Mr. Rosenstock believes that when the Commission originally promulgated a ~gn code,
all existing yellow signs were given a certain length of time to De removed. That sign
code was abandoned, but he still thinks it was nght. He felt yellow was a g; fish color.
:he yellow
4
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
It is a color that does not fit in with the fundamental coloring in certain areas o
He agreed with staff.
Chairman Wische stated that his wife was on the Community Appearance
that time. there was a lot of controversy about the colors. Everyone tho~
would be way out of line. but after it was up a while, everyone thought it wa,~
There was a new innovation the way it was done and it was easy to identify.
every meeting and was m favor of the yellow and white and against all
thoughtall white did nothing for it. He still feels the same way.
Chairman Wische opened the public hearing. A citizen in the audience liked
and white.
Motion
Mr. Aguila moved to approve the applicant's request for the yellow and wi
awning at the Cross Creek Centre, without the front face as it currently e
Friedland seconded the motion, which carried 4-3. Messrs. Rosenstock,
Myott cast [he dissenting votes.
B. Other
Discussion
Draft agenda for a joint Planning and Development Et
Commission and Chamber of Commerce wOrkshop (1
11/3/97 at 7:00 p.m.) regarding architectural
landscaping of nonconforming properties and ill
levels for gas stations/convenience stores.
A draft of the agenda for the joint Planning and Development Board, City
and Chamber of Commerce Workshop was provided in the backup materi
agenda.
Mr. Rosenstock asked what the Chamber of Commerce has to do with ligh
etc. Ms. Heyden explained that the landscape issue of nonconforming pror
brought up by one of the Commissioners about a month ago. All the Corn
thought it was time to do something with this issue that had been discuss~
year ago in connection with the Community Appearance Code. Staff also
concern about architectural design issues and this board being split. Thi:
difficult for staff to make recommendations. Staff does not want to lead the
down one path only to have things reversed by the Planning and Developmer
is important that we get clear direction from this board. The City Manager
the City.
oard. At
ht yellow
beautiful.
e went to
hite. He
he yellow
canvas
:ists. Mr.
)ub6 and
)ard, City
ntatively
design,
mination
'nmission,
with the
~g levels,
9rties was
nissioners
d about a
had some
makes it
applicants
: Board. It
felt it was
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PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
important that the Chamber of, Commerce be involved because existing
would no longer be grandfathered in with respect to landscaping. We
Chamber of Commerce to understand how it impacts property owners becaus
as liaison between the property owners and the City. Architectural design and
~ssues also arose, and we decided to combine them all into one workshop.
the board if all their concerns are addressed on the agenda.
Mr. Rosenstockwould like the lighting levels quantified based on a number pn
the workshop. He felt the only way to do that is to look at documents pr(
major lighting companies like General Electric and Westinghouse regardi
lighting levels. In order to discUSs this properly, he felt we have to have
workshop where we would go out into the field at night and somebody der
with a meter what the .lighting:levels are in different places. He did not feel an
decision could be made by looking at the numbers alone.
Mr. Aguila asked if photometrics are required on all site plans. Ms. Heyden
affirmatively. Mr. Aguila stated that applicants are required to lay out the ph
for the Building Department: therefore, all that information ~s on a grid. He a
Mr. Rosenstock that we should find out the industries' recommendations.
At this time Mayor Taylor and his wife arrived and were welcomed by
Wische.
Mr. Rosenstock stated the City used to be broken into districts and those dis
assigned certain colors and architecture. He felt there has to be latitude, but
first break the City into industrial areas, shopping areas, and residential
perhaps put parameters on those areas with regard to color, light levels
architecture and landscaping.
Ms. Heyden felt it would be hard to get all three groups together to go on
Rosenstock suggested that each group be taken on separate tours.
Mr. Aguila suggested that we establish a route and things to look at along
delineate it, and hand it out to all the participants. This way everybody can
places at their leisure.
Mr. Friedland suggested that a task force consisting of Duncan & Asso
representatives of the three groups be formed to go on the tour and ti'
presentation. Mr Rosenstock was not in agreement with that. He wanted to
for himself.
Mr. Dubb believes a map already exists of the different areas broken do~
different colors. Chairman Wische also recalled there being a Mediterranea
6
~roperties
want the
; they act
ight level
he asked
sented at
:luced by
g proper
~ moving
onstrates
intelligent
~nswered
~tometdcs
reed with
Chairman
ricts were
Ye should
treas and
types of
tour. Mr.
hat route.
/isit these
iates and
;n give a
lee things
with the
theme, a
MI NUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBEI
nautical theme, etc. Mr. Aguila said his objection to that has been that there
historical in Boynton Beach that requires that we have these differenl
Therefore. he did not think it was right to tell a designer or a property c
because he happens to have this street address he has to have a modern buil
Mr. Dubb pointed out that one central basic theme runs through Hunters Run
the communities that exist like that. He felt there is no reason why the City
the same thing.
Chairman Wische pointed out that Hunters Run and any big developmer
knowing that this is the way it was going to be. He was not in favor of asking
n different areas to change to what is suggested.
Mr. Rosenstock pointed out that you have to start someplace. He felt we sh
up with an overall basis of what we want our City to look ike. He stated fha
the right to make a McDonald's. a Burger King, or any other place in a
conform to a certain type of look.
Mr. Reed felt we should address the dichotomy between City appearance co
company's requirements to have its logo displayed. This is an area where 0u~
tend to vary from what the developer wants and what the City Commission apl
Chairman Wische felt there has to be guidelines. Mr. Aguila stated that this is
to do with architecture.
Mr. Rosenstock felt the City should have an overall design plan and we hay
up our minds what we want this community to look like.
Mr. P, osenstock would like the Planning Department get together with the Cit'
and the City Commission to set up a tour. Then we can have a joint meetin
an open brainstorming session.
Chairman Wische asked who is going to decide where to go and what to
Rosenstock felt the Planning Department should do that.
Mr. Aguila suggested looking at different types of developments, including
private, ane residential, during the daytime and nighttime.
Ms. Heyden felt that the recommendations that staff brings to the Pla
Development Board are in keeping with the spirit of the current Community D~
That Community Design Plan was a hybrid of the old plan which was ba.~
districts. It got away from the rigidity of the districts and gave the Commissk
of flexibility that they felt was necessary when a project came in. They
7
[9,1997
s nothing
themes.
vnbr that
ing.
nd any of
;annot do
:went in
~dividuals
uld come
we have-
strip mall
les and a
decisions
roves.
very hard
to make
Manager
and have
~k at. Mr.
mmercial,
ning and
sign Plan.
.~d on the
~ the kind
anted the
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
ability to Io0k at each case on an individual basis and judge it on its merits. ~/e do not
seem to all be in agreement of where we want to go. She requested directiod because
she felt what she has been doing has been consistent with the current plan.
Mr, Rosenstock does not want staff to recommend what they want somethi~
ike. He wants them to set up the districts and the tour of where to go
examples of what they think is wrong with a particular area ana what they thin
be. Then the Planning and Development Board can make recommendation:
we need a uniform plan of what the City should look like,
Ms. Heyden stated that staff also felt a tour was a good way to see things
and to be able to better understand what staff is talking about. However,
time. staff decided to try to do that with a slide show instead. We can han~
group that way, and cover more ground in one meeting. The slide show
planning to put together would be a way to illustrate what they feel have
examples of design and what they feel were not good under the various
Design Plans sc that everyone can see what staff has been struggling with.
Chairman Wische stated that at the last meeting one of the plans was for
behind Amoco and McDonald's. This board deleted 13 items and modified
there is no reason to have such a disparity.
Mr. Myott felt we should demand very high quality development in whate~
comes before us, especially on commercial corridors such as Congress Ave
you have new development and an opportunity to produce a manicured stree
all the way through the City. He felt it was good to have had so many comm(
Auto Care Center on Congress Avenue because it was the kind of use that wl
far from a large gas station. He thinks we have to demand a very high stan~
corporate people who come in from out of town with big signs and bright Ii!
them to tone it down. He pointed out that we still have land available and
think we will lose very many people to a high standard of landscaping, signag,
Ms, Heyden was not a proponent of the old Community Design Plan. Ho~
advised that it was a lot easier for staff to enforce. It was laid out like a cod~
there was no interpretation. We had some appeals; however, we found th~
ending up with buildings that combined components that did not represent
style we intended to achieve. She wanted to show the board examples of p~
were approved under the three different Community Design Plans, as well
good examples of architecture and examples of not so good architecture.
would consist of some of the projects staff struggled with~ such as Disc
RaceTrac, Mobil. Staff wants to show why they feel these projects were not
and discuss some of the terminology in the Community Design Plan ti
consider subjective. Maybe this will lead to coming up with better definitions.
8
g to look
and give
it should
He said
yourself
cause of
; a larger
staff was
~en good
~mmunity
]e project
He felt
~r project
ue where
that goes
~ts on the
s not very
ard of the
hts to get
le did not
etc.
~ver, she
book and
: we were
le kind of
)jects that
~ slides of
Fhe slides
,unt Auto,
;uccessful
at people
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
Mr. Aguila felt the agenda was lengthy and that the architectural design porti
agenda should be discussed at a meeting of its own. It was the consensus of
to discuss architectural design at one meeting.
Ms. Heyden said staff plans to take readings with a light meter on different
the City and provide a chart of them. Mr. Rosenstock pointed out that we wou
know where the measurements were taken, such as directly under the ligh
distance, and the height and angle of the meter placement.
Mr, Lewicki stated that the problem we have with photometrics in the City
have lower limits but no~ higher limits. The new gas stations and service stal
illuminate the area because of the nature of the business, The problem is
stations only. not the older gas stations in the City. The methodology of ch~
measurements would also be difficult because he would not know at what lew
the meter or at what distance. This has to be done in conjunction with the ph,
plans.
Mr. Rosenstock had no objection to first sitting down at a meeting to get
briefed as to the opinions of the Planning Department and show the
preparation for individuals to have in back of their minds what to look for, wh(
out in the City. He was not in favor of a design plan that contains absolut~
with what you have to do with every single building. He was in favor of ha
specifics so that we can understand the will of the Commission and the Pla
Development Board so that staff has a good basis to advise the applica
parameters.
Under architectural design on the agenda. Mr. Myott would like to discuss s~
how much square footage the code allows.
Mr. Rosenstock asked Ms. Heyden to provide the members with the old
Design Plan. Ms. Heyden will send that out with the next package.
The workshop meeting was scheduled for November 3®. Commissior
pointed out that the Annual Board Dinner is scheduled for that evening. Ms.
reschedule the workshop.
Mr. Aguila pointed out that certain parts of the City have different needs than
of the City, and this should be discussed at the workshop.
Mr. Friedland suggested that Visions 20/20 and Duncan & Associates be inv
workshop so they can get some of our thoughts and ideas. Ms. Heyden sai~
be invited: however, this is not part of their contract, They will be looking at
guidelines for downtown, Mr. Rosenstock felt the Commission and Pla
9
on of the
he board
~tions in
have to
at what
that we
~ns over-
the new
cking the
to place
tometrics
everyone
slides in
q they go
specifics
'lng more
~ning and
ts of the
nage and
~mmunity
· Bradley
,~yden will
[her parts
:ed to the
they can
~e design
ning and
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
Development Board should first decide what they think is right. He pointed
there are 50 people in a room: there will be 50 different op~'nions. Messrs.
Aguila agreed.
Vice Mayor Titcomb advised James Duncan and Associates will be
presentation of their work to date tomorrow night at Hester Center and the
night at Bethesda Clayton Conference Center.
Mayor Taylor does not plan to attend these presentations because the obje~
meetings is to get input from the neighborhoods. He felt the community wot
apt to speak their minds if elected officials and chairmen of boards ap
Therefore, Duncan ane Associates may not get the input they are looking for.
Ms. Heyden confirmed that the purpose of these presentations is to get inp[
neighbo rhoods.
Mr. Reed referred to one item that was brought to the Planning and Developn
a few weeks ago. It was Mr. Islam's 35-foot tall house on Riviera Drive. O
and the City Commission's opinion was opposite. The primary reason why th
and Development Board voted the way it did was because of criteria we wE
had to use to allow a variance. He felt there should be discussion on
between the board and the City Commission.
Mr. Reed offered to help put the slide show together.
City Commission ratification of Planning and Develo
Board actions.
Ms. Heyden advised that we are having some problems with our new proce
we first came to the board with a proposed new procedure, the idea was tc
the different development requests that we process and set up a hierarchy o'
the board can look at that do not need to go to the City Commission and th
need to go to both boards. In reviewing that ordinance we decided that ti
need for the Commission to ratify the board's decisions. Everything that w,
the board was getting to the City Commission like the old procedure. How(
was on the Consent Agenda. The problem is that now we have a false perce
applicant that they cannot have it pulled off of Consent unless they Io
Commissioner. If they have not lobbied a Commissioner, they have to wait ~
or three weeks until tt~e next meeting. She asked for recommendations on ti-
Mr. Aguila suggested that this board's decisions be final and if the applic;
agree with the board's decision, they should go through a formal appeal pr
Dub~ pointed out that this board would hear the appeal.
10
)ut that if
)ub6 and
naking a
following
of these
be less
present.
from the
;nt Board
~r position
~ Planning
'e told we
variances
ment
'e. When
look at all
those that
~se we felt
ere was a
s going to
Jer. now it
)tion by an
by a City
~other two
process.
~ts do not
,cass. Mr.
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
Mr. Aguila advised that Delray Beach has two boards, a Site Plan Re~
Appearance Board (SPRAB) and a Planning and Zoning Board. The Pla
Zoning Board deals basically with zoning issues and the SPRAB deals with
that involves aesthetics, site planning, etc. When an applicant goes m fr
SPRAB that is the end of the line. However, zoning issues are ratifie
Commission. Every applicant has the right to request that the Commission he~
that was approved or disapproved by the boards.
Mr. Dub6 pointed out that the problem with this is that the Planning and Dev
Board had turned an applicant down, and then the applicant went to the Co~
with an entirely different .site plan.
Commissioner Bradley asked how the board'felt about having the final say L
applicant or a CommiSsioner wants to appeal. He questioned if there wou Id b,
time between meetings and pointed out that the agenda would have alrea
printed Perhaps a Commissioner can add it to the agenda to bring it up for
the next meeting.
Attorney Pawelczyk advised that the City Attorney has determined that sufficiE
is posting because it has already been to the Planning and Development Boarc
all tied in with [he agenda deadline being so far back and adds to the problem
of preparation.
Ms. Heyden stated that if we have to go to the City Commission for ratification
as well go back to the old system.
Mr. Aguila felt development issues should end at the Planning and Developm~
unless the Commission is consistently in disagreement with how the board is
job. With regard to Commissioner Bradley's question, he felt the applicant sho
a certain time frame ~n which to appeal the board's decision. The Commission~
also have a certain time frame in which to appeal so that [he applicant does not
once he gets the board's approval, not knowing that a Commissioner has a
with it.
Mr. Rosenstock felt a written standard operating procedure should be provided
Commissioner and everyone who applies for any type of development. He sL
staff define the standard operat ng procedure and bring it to the board for rev,
to the Commission. He al~o did not think anybody who hears something initiall
hear the appeaJ It is against every basic principle democracy stands for. M
agreed that someone else should hear the appeal.
Attorney Pawelczyk advised that his office could prepare an outline in laymen's
11
Jew and
ling and
~erything
~t of the
by the
' an item
~lopment
~mission
~less an
enough
Jy been
~view at
~t notice
This is
in terms
might
~t Board
Ioing itt
dd have
should
~roceed
~roblem
to each
]gested
w. then
should
Aguila
rms.
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PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 9, 1997
Mr. Aguila recommended giving the applicant 30 days to appeal since some of~them are
local representatives for national or international compames.
Mr. Rosenstock suggested that applicants be able to appear before the Comm ssion for
an extension, if necessary.
9. COMMENTS BY MEMBERS
None.
10. ADJOURNMENT
There being no further business to come before the board, the meeting was adjourned
at 8:40 p.m.
Eve Eubanks
Recording Secretary
Two Tapes)
12