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Minutes 07-22-97MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 22, 1997, AT 7:00 P.M. PRESENT Stan Dub6. Chairman Jim Golden. Vice Chairman Jos6 Aguila Mike Friedland Pat Frazier MaL rice Rosenstock Lee Wische Steve Myott, Alternate James Reed. Alternate Tambri Heyden, Planning and Zoning Administrator Jerzy Lewicki. Assistant Planner Michael Pawelczyk, Assistant City Attorney 1. PLEDGE OF ALLEGIANCE Chairman Dub~ called the meeting to order at 7:03 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Dub~ introduced the members of the board and Attorney Pawelczyk and welcomed Mayor Jerry Taylor to the meeting. 3. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON Chairman Dubb opened the floor for nominations for Chair, Mr. Aguila nominated Stan Dubb as Chair, Vice Chairman Golden seconded the nomination. Ms. Frazier nominated Lee Wische as Chair. Mr. Rosenstock seconded the nomination. No other nominations being made, Chairman Dub6 closed the nominations for Chair. Lee Wische was elected Chairman with a vote of 4-3. Messrs. Dubb. Aguila, and Golden cast the dissenting votes. Mr. Dubb opened the floor for nominations for Vice Chair, MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Mr. Rosenstock nominated Jim Golden as Vice Chair. Chairman Wische seconded the motion. No other nominations being made, Mr. Dubb closed the nominations. Mr. Golden was unanimously elected Vice Chair. Chairman Wische thanked Mr. Dubb for doing a great job as Chairman during the past few years. 4. AGENDA APPROVAL Motion Mr. Rosenstock moved to approve the agenda as submitted. Mr. Aguila seconded the motion, but recommended combining the items pertaining to BGI Industries. Mr. Rosenstock amended his motion to consolidate the items related to BGI Industries. Mr. Aguila seconded the motion, which carried 7-0. 5. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the last meeting. Motion Mr. Rosenstock moved to approve the minutes of the July 8, 1997 meeting as submitted. Mr. Aguila seconded the motion, which carried unanimously. 6. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final Disposition of Last City Commission Meeting Agenda Items Ms. Heyden reported the following: 142 NE 6th Avenue (Tommy Green) - Zoning Code variance - approved as approved at the Planning and Development Board meeting. 2 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 High Ridge Commerce Park PID - abandonment of landscape buffer easement - will be heard at the August 12t~ City Commission meeting. High Ridge Commerce Park PID abandonment of utility easement - will be heard at the August 12'n City Commission meeting. With regard to the comments that were made with respect to the quarterly report that was distributed with the last agenda, she reported the following: Neon for TGI Fridays and RacTrac - staff made comments at permit review indicating that the neon violated the Community Desig~ Plan. In neither of those cases did the applicant file an appeal. Agape Dry Cleaners site plan approval - Approved by the CRA on December 21, 1993. According to our regulations, the applicant had one year within which to secure a building permit; otherwise, the site plan approval would have become null and void. A permit was issued within that timeframe. Construction had commenced but was not completed. The permit was revoked o~ October 31, 1995 after the Building Department granted several time extensions that were requested by the applicant. After it was revoked, the applicant was required to refile a new permit application, which was done on June 6. 1997. The permit has been issued as of July 16. 1997. The permit will be finaled very shortly. 7. SWEARING IN OF WITNESSES Attorney Pawelczyk swore in all those who planned to testify this eyening. 8. OLD BUSINESS None. 9. NEW BUSINESS Vice Chairman Golden felt it would be appropriate to look at the site plan (Item 9.D.1) before the variance, and the members of the board were ~n agreement. D. Site Plans New Site Plan 1. Project: BGI Industries, Inc. at Quantum Park 3 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Agent: Owner: Location: Description: Gonzalo Ravago BGI ndustries, Inc. Northeast corner of Gateway Boulevard and Quantum Boulevard (Lots 34A, 34B, 35, 36, 37, and 38 in Quantum Park) Request for site plan approval to construct a 160,033 square foot cosmetic and perfume manufacturing facility containing corporate offices on 18.345 acres of land in Quantum Corporate Park. Jose Diaz with ~ITV Corporation. 8700 West Flagler. Miami, Florida, had no objections to any of the staff conditions. Mr. Aguila wanted comment 49 to be a requirement, not a recommendation. He did not want cypress mulch to be used on this project. Mr. Diaz agreed not to use cypress mulch. Motion Mr. Rosenstock moved to approve the request for site plan approval for BGI Industries, Inc. at Quantum Park to construct a 160.033 square foot cosmetic and perfume manufacturing facility containing corporate offices on 18.345 acres of land in Quantum Corporate Park. located at the northeast corner of Gateway Boulevard and Quantum E~oulevard (Lots 34A. 34B, 35, 36. 37, and 38 in Quantum Park) subject to all staff comments and subject to cypress mulch not being used. Vice Chairman Golden seconded the motion, which carried 7-0. B. Appeals Community Design Plan Appeal Project: Agent: Owner: Location: Description: BGI at Quantum Park (Phenix Project) Gonzalo Ravago BGI Industries, Inc. Northeast corner of Gateway Boulevard and Quantum Boulevard Request to appeal the Community Design Plan regulations to allow overhead doom on the east elevation of the building facing Gateway Boulevard. 4 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Mr Rosenstock said the existing Code prohibits the use of overhead doom on private and public thoroughfares. He inquired about their use in industrial parks. Ms. Heyden advised that the Community Design Plan prohibits overhead doors on certain streets in the City. A list of these streets and the reasons for prohibiting overhead doors on those streets is stated in the Community Design Plan. Gateway Boulevard is one of those streets because it is a major thoroughfare, is heavily traveled, ~s one of our major arteries, and because of aesthetics. Since the Community Design Plan has been written, master plan modifications have been filed for Quantum Park. There are now some industrial lots on Gateway Boulevard in Quantum Park. The subject parcel which is a combination of a number of lots. had master plan designations of office and industrial. Since the applicant had combined lots, he does not have to go through: an appeal. It was not the intention to exclude overhead doors on al/public and private rights-of-way in .the City. The intention was to exclude them on certain rights-of-way based on location and major arteries. Chairman Wische pointed out that the overhead doom will be facing a public/private street; however, they are set back 300 feet from the road With a five foot berm and a six foot high hedge on top of the berm. Therefore, no one will be able to see them. Vice Chairman Golden felt the Code requirement is a good requirement. However. in this case very good screening was provided. Therefore. he had no problem with this request. Mr. Rosenstock agreed. Motion Vice Chairman Golden moved to approve the request to appeal the Community Design Plan regulations for BGI at Quantum Park to allow overhead doors on the east elevation of the building facing Gateway Boulevard, subject to the proposal submitted by the applicant and staff comments. Mr. Rosenstock seconded the motion which carried 7-0. A. Public Hearing Zoning Code Variance/Parking Lot Variance 1. Project: Agent: Owner: BGI Industries, Inc. at Quantum Parl~ Susan Delegal Holland and Knight BGI Industries, Inc. 5 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Location: Description: Northeast corner of Gateway Boulevard and Quantum Boulevard (Lots 32, 33. 34A. 34B, 35, 36, 37 and 38 in Quantum Park) Request for a zoning code variance and parking lot variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 7.H.3 - Accessways, and Chapter 23. Article 11.H.7 Number of Driveways, for an additional accessway beyond the two (2) accessways allowed by code. Chairman Wische opened the public headng; however, no one wished to speak on this item Vice Chairman Golden felt the applicant's justification is valid The applicant requested the board's approval of this item. Motion Vice Chairman Golden moved to recommend approval of the zoning code variance and parking lot variance from the City of Boynton Beach Land Development Regulations, Chapter 2. Section 7.H.3 -Accessways, and Chapter 23, Article 11.H.7 - Number of Driveways, for an additional accessway beyond the [wo (2) accessways allowed by code for BGI Industries, Inc. at Quantum Park. subjecl to staff comments. Mr. Dubb seconded the motion, which carried 7-0. Conditional Use 2. Project: Agent: Owner: Location: Description: Enterprise Rent-A-Car Dee Monette Gil Hyatt Construction Harry Hamilton, Trustee 1009 North Federal Highway Request to raze an existing building and construct a 528 square foot modular building/trailer with parking and landscaping for automobile leasin9 on a .17 acre lot. 6 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Dee Monette was present, along with Jody Covello and Klm Krestow of Enterprise Rent-a-car. They had no objections to any of the staff comments. Mr, Dub6 noticed that the layout does not show a wash rack. Ms. Covello advised that the only thing they will be doing there is spraying off the cars with water and vacuuming them in the back of the building. They either go to a gas station for a full wash or they wash them at the Delray Beach office, which is fully staffed and equipped. One of the main reasons they are opening an office in Boynton Beach is because most of the customers that they pick up in Boynton Beach have to be driven to the Delray Beach office. Ms. Frazier asked how many cars they pla~ to put on this location. Ms. Covello advised that no more than 8 or 9 cars can fit at that location, and they have a lot of drivers who can move cars in and out within an hour's notice. Mr. Aguila was concerned about the area between the bottom of the trailer and the ground. He asked how they are going to shield the hookup rack and wheels. He also 'nquired about the landscaping around the foundation of the building. Ms. Monette advised that the wheels will be removed from the modular building. The modular building will be placed on a footer and the tongue will be removed. Mr. Aguila was concerned about the island that has the sign. He was not sure that the stone that it is going to be filled with is going to be very attractive over time. He felt it would be a lot more attractive if there was some sort of ground covering and planting material at the base of the pole of that sign. Ms. Covello agreed to do whatever it takes to make it look nice. Mr. Rosenstock asked about the landscaping. Ms. Monette displayed a rendering of the existing site and what is being proposed. Mr Aguila asked about the material that is being used as a screen where the wheels would have been. Ms. Covello said it is a type of fencing that you cannot really see through, and it will be jazzed up with more landscaping. She added that lapsiding on the modular building will be replaced with material that looks like stucco. Mr. F~osenstock asked about the Enterprise sign and its distance from the highway. Mr. Lewicki advised that it is in conformance with the sign regulations. It is ten feet from the h ghway. Chairman Wische opened the public hearing. 7 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Lloyd Powell of Alpine Florist, 1112 N. Federal Highway, spoke against this conditional use at this location. He believes this is the wrong place for a car rental facility. He refe fred to where the vehicles are going to be washed and where minor repairs of the vehicles are. going to be done. He asked if this is going to be a used car lot. He felt the site is awfully small for a modular trailer. He also felt that it will be a little difficult for some people when they get through with the paving and closing of the one cut in the median on North Federal Highway. Bob Pocsik. 626 N.E. 10TM Avenue, lives behind this proposed project. He said this whole street is residential. He said entrances and exits on 10'n Avenue create a problem. Chairman Wische advised that this property is surrounded by C4 and C2, which is commercial To the east is the FEC Railroad right-of-way and west is undeveloped land zoned C2. This proposed project is on the west side of Federal Highway. No one else wishing to speak, Chairman Wische closed the Public Audience. Motion Mr. Rosenstock moved to approve the petitioner's request to raze an existing building and construct a 528 square foot modular building/trailer with parking and landscaping for automobile leasing on a .17 acre lot, located on 1009 North Federal Highway, subject to any staff comments and subject to the landscape plan and renderings presented to this board at this evening's meeting. Mr. Friedland seconded the motion. which carried 7-0. Abandonment 3. Project: Agent: Owner: Location: Description: Enterprise Rent-A-Car Dee Monette Gil Hyatt Construction Harry Hamilton Trustee 1009 North Federal Highway Request to abandon a 20 foot wide strip of land just west of lots 3 and 4 of Block 1 of the Lake Addition to Boynton Beach subdivision in connection with the Enterprise Rent-a-Car conditional use request. Dee Monette was present, along with Jody Covello and Kim Krestow of Enterprise Rent-a-car. They had no objections to any of the staff comments. 8 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22,1997 Ms. Covello advised that Enterprise does not do any repairs on their property, and they do not sell any cars. The only place they have used car lots is in North Palm Beach and Lauderhill. Chairman Wische opened the public hearing. Lloyd Powell of Alpine Florist, 1112 N. Federal Highway, questioned if the property behind these lots is owned by FEC or the City. Mr. Lewicki advised that there is 20 feet of right-of-way between the edge of FEC and the property. Ramona Frederick. 1001 Railroad Avenue. has a small business in the area and asked how this will affect her. Mr. Aguila advised her that Railroad Avenue is west of the FEC Railroad right-of-way. This project is east of the railroad and there is 20 feet of property between the back of the property m question and the rigt~t, of-way of the railroad. He advised that this does not affect her at all. No one else wishing to address this item, Chairman Wische closed the public hearing. Motion Mr. Rosenstock moved to approve the petition by Enterprise Rent-A-Car to be located at 1009 North Federal Highway, to abandon a 20 foot wide strip of land just west of lots 3 and 4 of Block 1 of the Lake Addition to Boynton Beach subdivision in connection with the Enterprise Rent-a-Car conditional use request, subject to all staff comments. Mr. Aguila seconded the motion, which carried 7-0. Project: Agent: Owner: Location: Description: Pollo Tropical at Shoppes of Boynton David S. Drobner. Esq. Draper and Kramer of Florida, Inc. Northwest corner of Congress Avenue and Quantum Boulevard Request to abandon a portion of a 15 foot wide utility easement. Mr. Lewicki advised that he received a telephone call yesterday from the agent who stated that he could not attend this meeting because of a conflict. Ms. Heyden added that the applicant has stated that he has no problem with any of the comments. Chairman Wische opened the public hearing; however, no one in the audience wished to address this item. 9 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Motion Mr. Aguila moved to approve the request of Pollo Tropical at Shoppes of Boynton to abandon a portion of a 15 foot wide utility easement. Vice Chairman Golden seconded the motion, which carried 7-0. B. Appeals Administrative Appeal Project: Agent: Owner: Location: Description: BoyntOn Commons PCD Joe Lelonek Land Design South Bill and Elsie Winchester Southwest corner of Old Boynton Road and Congress Avenue Request for an administrative appeal to significantly modify the previously approved building elevations of the Boynton Commons PCD shopping center. Joe Lelonek and Mark Weiner. an architect, were present. Mr. Lelonek objected to the one staff condition. He stated that this shopping center has been before this Board for site plan approval. A couple of nationwide tenants have requested some modifications to the front elevations of their buildings. In particular, Sports Authority, Old Navy, and Tony Romas have been selecting [he fronts of the stores to be consistent with types of elevations that they had throughout the country. They want somebody coming from the north, the south, and other locations, to be able to recognize the fronts of their stores. The elevations are slightly different from the first master plan approvals. There is use of a little more glass on the front elevations. He requested approval of the elevations as they exist now. Mr. Weiner advised that this is the first review of Tony Romas. Tony Romas Was not a tenant at the time of the prewous approval. He displayed elevations. The front elevations are slightly different. The same amount of architectural detail has been maintained on the rear elevations. At the time of the initial review, he did not have the architectural input of these particular tenants. The leases were finalized after the initial review. They have now opposed certain restrictions and elements that would more closely link to their national image, 10 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 The previously approved elevations for the shopping center were displayed, along with the proposed elevations. Mr. Lewicki stated staff is concerned about the new design element that was introduced (the glass, and the display of windows on the second story). In addition, in the new building there is the same theme (the second stow fenestration) that was not present under the original approval. Originally, the shopping center was designed in a very cohesive way. Because certain companies want their corporate image, the concept has fallen apart. Staff would not exclude upper windows from elevations; however, they would not like to dominate those new elements on the upper story over the entire concept that was previously approved. Mr. Lewicki pointed out that two or three weeks from now. they may come back with another major anchor that would want some other elements that perhaps were not previously approved. Mr. Rosenstock agreed that we should maintain a local design concept. He pointed out major tenants in other cities have adopted to the design codes that the communities wanted. He felt that to give in on a plan that was already approved and that looks to be coherent in a design concept would be the wrong thing to do at this point. Mr. Reed visited the Sports Authority and Old Navy stores in Deerfield and West Palm Beach and none of them look like the stores that are being presented in the new drawings. He circulated photographs of those stores which show no windows and no second level. However. there were windows on the second level in one the Old Navy stores. The other stores all matched with the rest of the stores :hat were in the shopping centers and were compatible with the identity of the shopping centers. He felt a corporation and a city should want its presentation along the streets to be consistent. and he thinks what is being presented does not do that. whereas the prewous concept did. Vice Chairman Golden agreed that the original elevations are much more desirable. He was not comfortable with the staff comments for a compromise. Mr. Aguila did not mind what is being proposed for Sports Authority; however, he objected to what is being proposed for Old Navy because it is totally out of line with the rest of the shopping center. With regard to Sports Authority, Mr. Friedland asked if this is the new direction they are going in as they build about the country. Mr. Weiner advised that since they do not have alot of store front because of the way they market on the inside of the store, it is important to them that people know that the stores are open. The reason for the additional glass is so that people can see lights from inside the store. This is the approach they are taking on all their new stores. 11 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Mr. Aguila pointed out that Old Navy is set back so far from Congress Avenue that all that glass will not serve that purpose. Mr. Lelonek stated that Old Navy's newer store in Pembroke Pines looks identical to what is being proposed this evening. He stated that Old Navy sits right in the middle of the site facing the other tenants. They want people to know they are there. The impact on the surrounding roadways will be extremely minimal because it wilJ be perpendicular to those areas and is set tar enough into the site that the only elevation and impact it is going to have is to the people driving into the site. Therefore, the whole character of the surrounding development, the landscape package, the views, the character that is portrayed still remains the same. It is the internal mall effect that is being impacted. To Vice Chairman Golden the view from within the parking lot is just as ~mportant as from the street. Mr. Weiner stated that the initial design concept was to maintain some sort of individuality for each store, tied together with common themes. They complied with the color schemes, some of the column detailing, and the materials. Mr. Aguila did not object to the changes proposed for Sports Authority and Tony Romas. He saw a lot of elements from the rest of the shopping center incorporated n them. However, he did not think Old Navy is an asset. Mr. Dub~ agreed with Mr. Aguila. He felt it had too much glass. Mr. Lelonek stated that Old Navy's lease is contingent on a certain architectural elevation. If this request is denied, he will have to come back with a different lease. He asked if he ~is going to be sitting with the same elevation for the original Old Navy when he returns with that Iease, or if there is going to be some leeway with regard to another lessee for the site. He asked if he is going to have to come back to this Board and if he can appeal this Board's decision. Mr. Lewicki advised that this will go to the City Commission for ratification. Mr. Aguila added that if he is going to make major changes to the approved site plan elevations and staff does not want to approve them administratively, he will have to return to this Board. Motion Mr. Aguila moved to approve the proposed elevation for Sports Authority and Tony Romas, but not Old Navy. Mr. Dub6 seconded the motion, which carried 6-1. Vice Chairman Golden cast the dissenting vote. 12 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Mr. Rosenstock advised that if the signs are all going to be different, he will not vote favor of them. Community Design Plan Appeal Project: Agent: Owner: Location: Description: BGI at Quantum Park (Phenix Project) Gonzalo Ravago BGI Industries. Inc. Northeast corner of Gateway Boulevard and Quantum Boulevard Request to appeal the Community Design Plan regulations to allow overhead doors on the east elevation of the building facing Gateway Boulevard. This item was dispensed with earlier in the meeting. C. Use Approval Project: Agent: Owner: Location: Description: Shoppes of Woolbright PCD Robert N. Hochberg Home Depot North side of the intersection of Woolbright Road and S.W. 8th Street Request to amend the list of Shoppes of Woolbright PCD permitted uses to include vendor carts. Mr. Dubb did not think the Planning Department can regulate the attire worn by the vendor cart operators. He thinks an ordinance would have to be passed by the City Commission. Attorney Pawelczyk advised that the reason for regulating the attire had to do with public safety concems. He would have to research this further; however, this would not preclude the City from enacting an ordinance to make sure the safety of those people visiting the Shoppes of Woolbright are not affected by the attire worn by the cart operators. Mr. Hochberg and Vito Pellerito were present: Mr. Hochberg advised that the applicant has no objection to comment 18. Ms. Frazier inquired about the number of carts. Mr. Hochberg advised that there is only one cart at each location. In response to Chairman W~sche, he advised the operators 13 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEAC H, FLORIDA JULY 22, 1997 will not serve anyone who pulls up in a car. No food will be served to a patron other than one standing at the cart. No food or service is carried to any other place on the property. Mr. Aguila referred to a conflict about how close the cart is going to be to the building. Mr. Hochberg said the distance that was represented in the applicant's letter was the distance from the building face. The Fire Department's comment was, "not less than 15 feet from a building opening, such as a doorway". The proposed location, which is just south of the public telephone that is mounted on the wall, would be at least 15 feet away from either of the two doorways and the distance from the roadway would be approximately 25 feet, maintaining three feet for the operator to stand behind the cart. Mr. Hochberg objected to comment I based on congestion and pedestrian traffic. He was able to. from actual knowledge, affirmatively represent that there is no addition or change m traffic other than regular patrons of the store. Mr. Hochberg c~bjected to comment 3. He thinks this recommendation of the placement of the cart in the parking lot would be dangerous to life, health, safety, and none of the carts presently operated by Mr. Pellerito are positioned in or anywhere near a parking lot. Mr. HochDerg objected to comment 4, a portion of which was already addressed. He said the cart underneath a covered walkway area closest to the face wall of the building. Then, going west from the face wall of the building, there ~s a covered walkway and an open walkway before you get to the roadway area. That is a distance of approximately 25 feet. In fact, from a public safety prospective, those two walkway areas are divided by concrete columns which is an additional safety feature for anybody standing at the cart. There will be no drive-up business permitted. Mr. Reed circulated a photograph one of these installations at the Home Depot in Boca Raton. He said it does not seem to be a traffic hazard or a safety problem. Mr, Hochberg objected to comment 5. He submitted a letter, dated July 22, 1997, from Allen Dawson, the store manager, stating that there is no requirement of association approval for any retail sales by Home Depot on its property at the Boynton Beach store, including the provision of a food cart for incidental sales to Home Depot's customer. (The original letter is attached to the original minutes on file in the City Clerk's Office.) Mr. Rosenstock said this seems to be a semi-permanent installation against the building and he did not see why this does not qualify as part of Home Depot's operation. 14 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Vice Chairman Golden asked if the cart will be positioned in the same location as shown in the pictures that Mr. Reed circulated. Mr. Hochberg said it will be situated almost exactly as in the photograph; except, the distance of the Boynton Beach store from the public pay phone to the doorway is greater. Therefore, the cart would be further from the opening of the door. He advised that the intent is to position the cart at the greatest distance between the two doors which are separated by the public telephone, between the columns. It will be located south of the pubtic telephone. Mr. Pellerito is not permitted to have a roving cart or a push cart. Mr. Hochberg referred to comment 14 and said if"compatible" means to match the paint color, that will eventually lead to chipping and peeling, which would most likely become unsightly without regular repainting. The highest standards in the industry are for stainless steel parts, which are the only type Mr. Pellerito uses. He requested that either stainless steel be found to be compatible or inappropriate. Ms. Heyden's concern from the photographs is that the canopy is yellow and Home Depot is orange and tan Mr. Rosenstock asked if a plain stainless steel cart can be ordered. Mr. Hochberg conferred with Mr. Pellerito and agreed that the cart can be available without any food I.D or other signage on it at the time it is purchased. With regard to comments 16 and 17, Mr. Rosenstock inquired about the canopy with Sabrett's name on it. which is yellow. Mr. Hochberg stated that most customers prefer to know the nature of the food product they purchase. It is almost a consumer expectancy that it will have the name of the food that is being sold on the cart and umbrella. However. if necessary, he will comply with the Board's wishes. Mr. Rosenstock had no objection to the name of the food appearing on the umbrella. However, he felt the color of the umbrella should be consistent with Home Depot so that it does not appear garish in relation to the backdrop of the face of the building. Mr. Hochberg had no objection to this. Ms. Heyden advised that comment 3 conflicts with comment 8 She concurred with Mr. Hochberg. She die not want these carts located in the parking lot. She changed the word "block" in comment 6 to "to "be located within". Mr. Hochberg had no objection to this change. 15 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Vice Chairman Golden had no problem with this as long as it is designed properly and blends in with the Home Depot. However, he did not want to see these springing up all over the City. Ms. Heyden advised that right now, they are not permitted anywhere else. They are only allowed in this PCD. Chairman Dubb pointed out that they are allowed anywhere in the PCD. Ms. Heyden said that is correct, provided all the conditions are met. She said the Board might want to put a limit on one per parcel. There are seven parcels in this PCD. Vice Chairman Golden said perhaps this should be looked at from an ordinance standpoint. Motion Mr. Rosenstock recommended approval of the Shoppes of Woolbright PCD. located on the north side of the intersection of Woolbright Road and S.W. 8TM Street. particularly located in front of the Home Depot and no place of. to amend the list of permitted uses to include this vendor cart for this location, subject to the staff comments 2, 6 through 12. 14, 15. and 16 (which has been amended to allow the umbrella or covering be limited to the name of the purveyor of the hot dog, and the color of the umbrella shall match the color of [he closest building. He clarified that his motion is specifically designed for this one location and no other location. Mr. Dub~ seconded the motion. Attorney Pawelczyk asked if in his motion, Mr. Rosenstock was limiting it to only this location in the zoning district. Mr. Rosenstock answered affirmatively. He did not want to see vendor carts all over the Shoppes of Woolbright. If they want one some place else. they are going to have to apply for a variance. He stressed that this is the only location in the Shoppes of Woolbdght that will be allowed to have a vendor cart. and if they want any additional vendor carts any place within that property, they have to amend the use approval. Ms. Heyden clarified the motion as follows: Comment 1 is deleted. Comment 2 stays. Comments 3 and 4 are deleted. 16 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Comment 5 - Ms. Heyden said there is a Code requfrement for unified control over a PCD. and the signatures of all the property owners within the PCD are required. Mr. Rosenstock amended his motion to state that approval is subject to the approval of the other members of the PCD. Mr. Hochberg felt this comment should be deleted because this is almost in the nature of a permanent appurtenance. He said the store manager issued the July 22, 1997 letter because he found this comment offensive and problematic in that Corporate would find it very difficult to subject themselves to any of the goods that they sell there. Ms. Heyden clarified that Home Depot is allowed to sell any product that is allowed under their Occupational License. The selling of hot dogs is not allowed under their Occupational License. In order to sell hot dogs, they would need to come back to the Board for a master plan modification to add that use to the PCD. Mr. Rosenstock amended his motion to state that this approval is also subject to clarification by the City Attorney as to whether or not the signatures of all the property owners within the PCD are needed. Mr. Dubb asked if Home Depot could obtain an Occupational License to sell hot dogs. Ms. Heyden said they cannot. Mr. Dub8 pointed out that food ~s currently being sold on that PCD. Ms. Heyden explained that that is tied to a particular parcel and to a Court Order. Restaurants are only allowed on certain parcels within the PCD per the Settlement Agreement and the approved master plan. Ms. Heyden continued her clarification of the motion as follows: Comment 5 will be clarified by the City Attorney. Comment 6 was reworded to state that vendor carts shall not block be located within traffic aisles .... Comments 7 through 13 stay. Comment 14 was changed to read, "Vendor cart shall be stainless steel". Comment 15 stays. 17 MINUTES PLANNING AND DEVELOPMENT BOARD I~IEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Comment 16 was revised to include [hat signage on the umbrella shall be limited to the name of the hot dog product. Comment 17 - The basic color of the canopy will be more compatible with the building backdrop. Comment 18 - The members of the Board felt they do ,not have jurisdiction over the operator's att re. Ms. Heyden pointed out that the Board is not just approving this particular cart. This is to allow this use in this PCD. Mr. Hochberg agreed to this comment and to leave the challenge to the jurisdiction, if any, of someone else who might ask for a cart. The Board agreed with Mr. Hochberg. The motion carried 7-0. Ms. Heyden asked if there was a limitation on the number of carts allowed in the PCD. Mr. Rosenstock said it is limited to one car[ for this location only. No other carts are allowed anywhere else. D. Site Plans New Site Plan Project: Agent: Owner: Location: Descnption: BGI Industries, Inc. at Quantum Park Gonzalo Ravago BGI Industries. Inc. Northeast corner of Gateway Boulevard and Quantum Boulevard (Lots 34A. 34B. 35. 36. 37, and 38 in Quantum Park) Request for site plan approval to construct a 160,033 square foot cosmetic and perfume manufacturing facility containing corporate offices on 18.345 acres of land in Quantum Corporate Park. This item was dispensed with earlier in the meeting. = Project: Agent: Owner: Location: Auto Care Centers of America, Inc. (Heise PCD) Anna S. Cottrell Westlake Hardware, Inc. Approximately 160 feet south of the southeast 18 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Description: corner of Congress Avenue and Woolbright Road Request for site plan approval to construct a 18.530 square foot retail complex to include minor automotive repair retail uses on 3.63 acres of land. This item was left on the table, Project: Agent: Owner: Location: Description: Palm Beach Realty Investors, Inc. at the Boynton Commerce Center PID Richard Ahrens Boynton Commerce Center Limited Partnership South terminus of Corporate Drive Request to construct a 35,715 square foot multi-tenant building on a 2.88 acre vacant lot within the Boynton Commerce Center PID. Mr, Ahrens and the owner were present. Mr. Ahrens objected to comments 32 and 33 and clarified the rest of the comments as follows: Comment 13 - Mr. Ahrens said he realizes he has to get permits for sign approval. He is going to match the signage that is currently being utilized in the existing buildings. He did not want this to hold up the master permitting for the sign. Comment 17 - This was shown on Sheet 101 of his documents. Comment 18 - This is on the plans as resubmitted to the City. Comment 19- Ison the landscape plan. Comment 20 - This ison the landscape plan. Comment 21 - This is on the plan. Comment 22 - The calculations for the required landscaping are on the landscape plan, Comment 24 - There will be no rooftop equipment, as noted on the drawings. In addition, there are no existing buildings on the site. 19 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Comment 25 - The light fixtures, fire hydrants, and the drainage structures will be put on the landscape plan Comment 28 - The intended uses of the facility were indicated and are isted on the approved list of uses for the Boynton Commerce Center PID. He said Mr. Lewick~ explained to him that no building permit or Certificate of Occupancy will be issued if it is not one of those that are certified in the PID or requested at the previous request for additions to the list which was approved. Comment 29 - This was exceeded and this was addressed at the preheating meeting. Mr. Ahrens objected to comment 32 as follows: He stated that at the prehearing, there was discussion on two access points and he thought an agreement had been reached that if the Fire Department. Utility Department. and Sanitation Department had no objections to the formal that was being shown as the entrance and exits to the site. that the secondary entrance would not be required. was surprised to see that this had been added back to the list of comments. At the prezoning meeting, he presented a letter from the property owner to the north who objected to the connection to his driveway. Mr. Ahrens explained why the connection cannot be done. Somewhere during the period when this was originally done as a PID and its oresent state, a portion of the parcel was provided to the property to the north in order to facilitate providing it with the required parking spaces. Therefore, the property line on the northeast corner does not come ~n contact with the ingress/egress utility easement that runs ~n an east/west direction. Since the owner to the north does not want a competitive facility to be constructed, he is not willing to grant the connection to his site. Also at the prehearing meeting, Mr. Ahrens' client offered to put the cost to build the tie- in into an escrow account so that at such time as the City found the ability to request that connection from the property owner to the north, the funds would be there to construct that tie-in. Mr. Ahrens stated that he was contacted by the representative of the person who owns the buildings to the north, and they are planning to submit a modification to the PID. If they do, this would be an opportunity to correct the situation. Mr. Ahrens said he reviewed the extra access point with the owner and Fire Marshal and it was found not to be a problem because there is a fire hydrant at that end of the facility. He felt imposing this condition on his client would be a hard~hip and would 20 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 create a situation where the facility would never be built if the owner to [he north objects. Mr. Lewicki did not agree with Mr. Ahrens that the comments that he clarified have been addressed The second review has been conducted and deficiencies were noted. Some of the comments were partially addressed, and some were inappropriately addressed. Therefore, he recommended that all the comments remain. If the applicant feels they have already been addressed, staff will have the opportunity to check those comments at the permit stage. Mr. Ahrens stated that he did not object to those comments. He was just clarifying them. With regard to comment 32, Mr. Lewicki stated that staff felt this comment was necessary because they looked at the previously approved master plan for the PID and those two connections were present. The property line between parcel 3F and this parcel onginally existed in the centerline of the street, and that is the way it was approved at the master plan level. Later, the property line was moved down. precluding that access to the right-of-way. Mr. Rosenstock asked who owns the area to which it was moved. Mr. Lewicki advised [hat the property owner to the north owns it. Mr. Lewicki advised that this subdivision was not approved by the City. Subdivision control was discussed many times by the TRC and it was agreed that the subdivision review process has to be looked at very closely because there are many nonconformities. He understands that the property owner is not in fault. However staff felt the site plan should follow the approved master plan. Also. during the TRC meeting, every department felt the project would be much better if there was a second access. The question is whether we could require something that perhaps ~s not feasible. Vice Chairman Golden asked what would happen if this comment remains and the property owner to the north refuses to cooperate. Mr. Lewicki stated that he was approached by the Association. They have plans to modify the master plan Perhaps that is the time to resolve this problem or improve the situation. He would be agreeable [o amending comment 32 to provide in a section of Lot 3G an easement £o the property line and then we would connect under the master plan this easement with another easement to the north. Mr. Ahrens agreed to this. 21 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Mr. Aguila asked if the dumpster will be relocated if at some future date the property owner to the north offers some changes that give us an opportunity to cause thal connection to take place. Mr. Ahrens stated that the dumpster is not a problem the way we originally had the drive going through. It is a one way drive and is just for access. Mr. Lewicki recommended that the easement be recorded. He pointed out that the dumpster would have to relocated anywhere because it is in the middle of the easement. Mr. Ahrens said ne can shift the dumpster down into a parking space to the north. It is not a major point of contention as long as we do not have to make the connection. He will grant the easement. Vice Chairman Golden asked if there is a comment about the number of parking spaces. Mr. Ahrens answered affirmatively and stated that he has already addressed the issue and it will b.e resolved. With regard to comment 33, Mr. Ahrens said this issue was basically addressed 'n one of the first projects the Board discussed this evening relative to overhead doors facing thoroughfares. Because of the extensive amount of landscaping and the grade levels of the street, he did not think this comment is necessary. He pointed out that the doors do not face. Golf Road. The building runs parallel to the road. and the doors face in the same parallel direction as Golf Road. Mr. Lewicki stated that this is a very peculiar situation. He believes if you get on a certain level, visibility increases. Another unique factor is that the street curves at one point and provided visibility. It is not really facing the right-of-way; however, because of the unique circumstances, we felt this condition should apply. Vice Chairman Golden asked how high the overhead doors are. Mr. Ahrens advised that they are 14 feet high. Motion Mr. Aguila moved to approve the project for Palm Beach Realty Investors at the Boynton Commerce Center PID to construct a 35,715 square foot multi-tenant building on a 2.88 acre vacant lot within the Boynton Commerce Center PID, subject to staff comments with the following two modifications: Comment 32 shall be deleted and rewritten to state that an access easement for possible future traffic connection is to be provided, and comment 33 is to be deleted. Mr. Dub6 seconded the motion. 22 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22,1997 Vice Chairman Golden asked if the change to comment 32 was wh at Mr. Lewicki had in mind. What Mr. Lewicki had in mind was that the access easement to the property line in the location shown on the master ;)lan wi] De provided and recorded prior to CO. Mr. Arhens agreed to this. The motion carried 6-1. Mr. Rosenstock cast the dissenting vote. E. Site Plan Time Extension Project: Agent: Location: Description: Healing for the Nations Church Vincent DeLalla West side of Seacrest Boulevard. approximately 335 feet north of Mission Hill Road Request for a one year time extension of the site plan approval granted on July 16, 1996 to July 16, 1998 for construction of a 6.888 square foot church located on 1.006 acres. Motion Mr, Dub6 moved to approve the extension for Healing for the Nations Church. Ms. Frazier seconded the motion. Mr. Aguila suggested that this be a one time only extension Mr. Dub6 and Ms. Frazier amended the motion to state "one time only". The motion carried 7-0. None. 10. D. Other COMMENTS BY MEMBERS Mr, Reed inquired about the board member absentee policy. He advised that he received a letter stating that the members are only allowed three absences. Mayor Taylor advised that the City Commission reached a consensus to allow the members of the Planning and Development Board six absences. Attorney Pawelczyk 23 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 will verify this and have an ordinance prepared for first reading, since the ordinance now states "three" absences. 11. ADJOURNMENT There being no further business to come before the board, the meeting was adjourned Eve Eubanks Recording Secretary (Two Tapes) 24