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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 MINUTES 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. MINUTES 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