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Minutes 02-11-97MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 1'1, '1997, AT 7:00 P.M. PRESENT Stan DubS. Chairman Jim Golden, Vice Chairman Robert Eisner Pat Frazier Maurice Rosenstock Lee Wische James Reed, Alternate ABSENT Tambri Heyden, Director of Planning and Zoning Mike Haag, Planning Coordinator Jerzy Lewicki. Assistant Planner Josh Aguila 1. PLEDGE OF ALLEGIANCE Chairman Dub6 called the meeting to order at 7:00 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Dub6 introduced the members of the board. 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Mr. Wische moved to approve the agenda as presented. Vice Chairman Golden seconded the motion, which carried 7-0. 4. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the last meeting. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 Motion Mr. Wische moved to approve the minutes of the January 11, 1997 meeting as submitted. Vice Chairman Golden seconded the motion, which carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from Planning and Zoning Department 1. Final disposition of last meeting's agenda items Ms. Heyden reported that the City Commission approved the site plan for Blockbuster Video at Boynton Lakes Plaza, subject to all staff comments, as recommended by the Planning and Development Board. 6. OLD BUSINESS None. 7. NEW BUSINESS A. Site Plans New Site Plan Project: Agent: Owner: Location: Description: Discount Auto Parts at Shoppes of Woolbright PCD Michael Morton of Morton Group, Inc. Howard R. Scharlin. Trustee East side of S.W. 8TM Street. approximately 300 feet north of Woolbright Road Request for site plan approval to construct a 6.492 square foot automobile parts store on 0.64 acres in the Shoppes of Woolbright PCD. Ms. Heyden modified comment number 33 to state "Certificate of Occupancy" instead of "building permit". She also modified comments 34 and 36 to read "plat approval" instead of "building permit". Mr. Morton stated that the City Commission added the following condition to the Developer's Order for Burger King: "The design elements approved for this site shall be MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 carried forward on all future development within the PCD." Mr. Morton stated that this affects the two applications on [he agenda this evening. He vehemently objected to this comment and said he was not present at the City Commission meeting when this comment was added to the Developer's Order. Therefore, he was not aware of it until it was put into the Developer's Order. He asked if it was the intentthat everything look like Burger King and if Burger King ~s going to become the criteria for the balance of the shopping center. He also asked what establishes Burger King as a criteda for architectural design, control, and the architectural element for the Discount Auto Parts project. He felt it would be ludicrous for all future developments on this property to look like Burger King. He pointed out that all the outparcels have individual corporate identities. Ms. Heyden advised that this condition was recommended by the City Attorney. The Community Design Plan rect uires buildings to be harmonious and compatible with one another. Aisc. under a planned commercial development, there is language in the Land Development Regulations that requires efficient and harmonious design and desJgns that are related to one another. Therefore, there is an expectation that planned districts be tied to one another so that they look like a unified comprehensive project. Mr. Morton pointed out that usually the design of the shopping center is carried forward into the outparcels instead of the outparcels dictating what the shopping center is supposed to look like. He also pointed out that RaceTrac does not look like Home Depot, and Cracker BarreJ does not look like anything else in the shopping center. He said if he knew about this comment beforeh anti, he would not have allowed Burger King to go forward. Mr. Rosenstock felt it was a misstatement and m~snomer to say that Burger King is setting the precedent or example of how Mr. Morton's shops are going to look. He felt Mr. Morton is selling off any part of his development that he can to any organization he can before any centralized theme or idea is set forth. He felt there has to be some community responsibility on behalf of corporations that develop land within the confines of a particular city. There should be unification of landscaping. There has to be some element of tying the project together so that it does not look garish or uncoordinated. He felt there has not been any attempt to unify this project with regard to design, color. or landscaping. Mr. Morton felt that if there was going to be continuity of a theme or color, it could have been established from the start by attempting to make RaceTrac look like Home Depot. It should have been established before Burger King was approved. Now is not the time to set the theme to make everything else in the center have the design elements of a Burger King. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 With regard to tying in some elements. Mr. Morton agreed to make the landscaping on the three outparcels totally compatible. The landscaping and lighting poles will be compatible between these three projects. The Food Court building will have some architectural compatibility with the Burger King elements. It will have the same bronze standing seam roof instead of the blue roof that is depicted on the drawing. A tile band will be used under the windows. The windows will be redesigned on the building so that they will have some similarity to the design elements of Burger King, including the color of the window frames, the same type of entrance door frames, and the same bronze metal. Also. there is going to be a cap on the top of the roof like the red cap one on Burger King. However, we are going to carry the theme of the building color rather than the red So that it does not look exactly like Burger King. The roof will be carried around all four sides of the building. In addition, Discount Auto has agreed, to put an angle on their black metal fascia roof so that the roof becomes a mansard style roof. Mr. Rosenstock asked if the lighting that goes from RaceTrac to Cracker Barrel is going to be different than the lighting proposed for the rest of the development. Mr. Morton said he could not answer this question because he does not know what the lighting is on the RaceTrac site and the Cracker Barrel site compared to what was approved for Burger King. However, he said he is going to use the same light poles, the same light fixtures, and the same style of landscaping. Mr. Morton stated that comment 22 is the same as comments 34 and 36. With regard to comment 33, Mr. Morton stated that the west buffer of the Woolbright Place PUD, which runs from the north property line of the church to Ocean Avenue, was mandated by a special agreement between the City, the developer, and Leisureville. He had to install the hedges and that berm within a certain time period. However, Vice Mayor Jaskiewicz asked him not to install them because she was having difficulty getting agreement amongst the property owners of Leisureville regard ng what they wanted. When she worked it out. he complied with the agreement. Simultaneously, he submitted for permit which included that and the landscaping around the lake. At that time, there was discussion between the landscape architects and the City as to the littoral zones. He agreed to redo the plan. include littoral zones, and do it to the satisfaction of the City Forester. The west buffer has been installed. He did not think the condition that the west buffer of the Woolbrignt Place PUD (east side of S.W. 8TM Street) that separates Purple Heart Way and the Shoppes of Woolbright PCD from the residential development in the Woolbright Place PUD should be a condition of approval for Discount Auto. He felt it should be a condition on whatever he does with the 14 ¼ acre parcel that still remains. He said it would serve no purpose to do anything with that buffer. In fact. the Vinings put a buffer between their property and the proposed road. 4 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 Ms. Heyden advised that the buffers were installed without a permit. Mr. Morton has a permit in. There were comments, but they have not been addressed. Mr. Morton has revised his plans, but they have not been to the satisfaction of staff. Mr. Morton said he put in the west buffer per an ordinance signed between the City Commission and the developer. He applied for a permit for the installation of the sprinkler system and the permit was issued. He installed the sprinkler system and put the hedges m afterward. The hedge is now included on the lake maintenance plan which is being revised. Chairman Dubb inquired about the roof of the building. Ms. Heyden stated that she has been working on this for two months with Mr. Morton and she is not going to agree to anything until she sees it on paper. Chairman Dubb said he was referring to Discount Auto, not the Food Court. Ms. Heyden advised that the City Commission was looking for something to tie the buildings together. She said she told Mr. Morton that if he did not like her version of what she feels ties the buildings together, to tell her what he is offering. He offered nothing. Mr. Rosenstock said the purpose of this board is to review plans, comment on them, and advise the City Commission. He said Mr. Morton wants to bypass this board and present plans only to the City Commission. He asked if Mr. Morton has complied with the City Commission's request. Ms. Heyden was of the opinion that he has not. She said even if the Commission had not made that comment, she would be before the board tonight saying that there needs to be something to tie these parcels together. They are very small, the buildings are very close together and are right up along the street edge. It is more important to her to get these three parcels unified than it is to be similar to some building that is set way back and is basically an industrial building. Mr. Morton felt that instead of arguing about what is wrong with the Discount Auto building, the Planning Department should be able to make recommendations as to how they would like to see this building before it comes to this board. He stated that he presented a typical corporate Discount Auto and if there ~s a problem with it, the Planning Department should suggest what they would like to see on this build ~ng. In absence of that, he is dealing in a vacuum. He said the comment states that the black fascia should be replaced with a mansard roof on the south west and north, of a texture, material, and color compatible with the mansard roof of Burger King. However. it also states that to avoid monotony of highly visible building elevations, provide a rhythmical pattern of off-sets on the west. He said either you have compatibility or you do not. To him, monotony is making all the buildings look alike. He believes Discount Auto is open to suggestions on how they can improve the look of their building. They have a typical corporate building. Somebody needs to give them direction The City needs to have the proper staff to help make these presentations more proper. 5 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 Motion Vice Chairman Golden moved to recommend approval of the site plan for the Discount Auto Parts to construct a 6,492 square foot automobile parts store on 0.64 acres in the Shoppes of Woolbright PCD subject to staff comments with the modifications to items 33, 34, and 36 noted by the Planning Director and approved by Mr. Morton; that is. changing "building permit" to "Certificate of Occupancy" in 33 and "building permit" to "plat approval" in 34 and 36. Mr. Morton felt comment 22 should be included. He said it is going on the master plan and asked if it belongs there. Vice Chairman Golden would not include this in the motion. Mr. Wische seconded the motion, which carried 6-1 Ms. Frazier cast the dissenting vote. (During discussion of the next project, Mr. Rosenstock changed his vote on this project. Therefore, the motion carried 5-2.) Mr. Morton asked if this board had any recommendations about how they would like this building to look or if he has to continue to work in a vacuum. Mr. Eisner questioned if it is up to the board to design or if it is up to the developer to bring ~n plans. Mr. Rosenstock said he voted for this motion beca use it says what Ms. Heyden has been saying from day one. He suggested that Mr. Morton make an appointment to see the City Manager if he feels the Planning Department is not cooperative. He said maybe something could be worked out if Mr. Morton asked the Planning Department what they want and what they think would be a good viable landscaping plan, or if Mr. Morton submitted some suggestions that tie the projects together. Mr. Morton advised that he has met with the Planning Department dozens of times, and we are still hung up on the language that came down from the City Commission. He has met with the City Manager and the Mayor. and he is still looking for some kind of guidance. The issue is that is states "make it look like Burger King". Mr. Rosenstock felt that was a misstatement. Mr. Morton pointed out that Mr. Rosenstock voted in favor of the motion. Mr. Rosenstock clarified that he voted for unification or some kind of coordination. If he voted for making it look like Burger King, he wanted to change his vote to nay. Mr. Wische suggested that Mr. Morton contact the City Attorney for clarification. Mr. Morton said he has contacted the City Attorney and the City Attorney does not feel that this should be such a major issue, but Mr. Morton feels it is. Mr. Morton advised that the Planning Department has a recommendation for a more compatible elevation: however, it is still subject to interpretation of the comment by the City Commission. He felt there could be a more common sense, logical approach to handling this issue and felt the City Commission should clarify their intent. 6 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 2. Project: Agent: Owner: Location: Description: Food Court at Shoppes of Woolbright PCD Michael Morton Morton Group, Inc. Howard R. Scharlin, Trustee East side of S.W. 8th Street, approximately 450 feet north of Woolbright Road Request for site plan approval to conszrucz a 3,710 square foot food court building on .49 acres in the Shoppes of Woolbright PCD. See discussion under Item 7.A. 1. Chairman Dub~ did not feel that any four companies would rent one open space that would allow access to everybody else's food. Mr. Morton said it is possible that the interior floor plan might be divided. Mr. Morton referred to comment 10 which states, "Provide certification by developer's engineer that drainage plan complies with all city codes and standards." He pointed out that the drainage information is shown on the engineering plans, and it is complete. Also, staff mentions that the traffic is inconsistent with previously approved traffic. He advised that according to his Traffic Engineer, the traffic study is acceptable. Mr. Morton advised that this building will have a bronze metal standing seam roof. The color of the building will remain the same. There will be a stucco cap, the same color as the building, around the roof. The windows will be of the same bronze metal as the Burger King. The entrance and the doors will be improved to add the same kind of design elements as the Burger King doors. The landscaping for Burger King, Discount Auto and this parcel will be revised so that they are compatible and acceptable to the City Forester and the Planning Department. The roof will only be 25 feet high However, there is a comment that states that the roof should only be 16 feet high because Burger King is 16 feet high. Mr. Morton requested that comment 8 be revised. He said the words "building permits" make that whole sentence contradictory. He will comply with everything per the Certificate of Occupancy. He disagreed with comment 27. With regard to comment 42, he stated that according to his Traffic Engineer, the traffic study was proper. With regard to comments 47 and 49, he requested that the words "building permit" be changed to "plat". Ms. Heyden agreed to this. She also changed the last sentence in comment 42 to read, "Prior to the building permit issuance, obtain a letter from Palm Beach County which approves the January 17, 1997 revisions to the traffic study." She MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 explained that Mr. Morton's engineer transmitted the traffic study to the County without forwarding it to us for forwarding to the County. Mr. Morton apparently received a verbal agreement from the County; however, it is not in writing. Mr. Morton advised that he has a letter from the Director of Development that states that the traffic study was accepted. He pointed out that he needed to do a traffic study before he could get Kennedy, Burger King, and Cracker Barrel approved. He said Ms. Heyden should have a copy of this letter, if not, he will give her one. However. he did not want a condition that puts the onus on him to go through the City's records. Ms. Heyden said the procedure is that Palm Beach County reviews traffic studies. Mr. Morton said he will bring in this letter. Mr. Wische asked when the traffic study was made. Mr. Morton advised that it was made about six or seven months ago. Ms. Heyden advised that the revisions are dated January 17, 1997. Mr. Morton said the revision was strictly for this particular application. The original traffic study was approved. It was a requirement of the City Commission on a prior approval. The January 17th letter states that they have attached tables to show how the Food Court and these applications fit into the previously approved traffic study. It is not a traffic study. It only proves to the City that there is no change from the original traffic study. Ms. Heyden advised that any revisions to traffic studies are reviewed by Palm Beach County and they are tied to that particular project. That is why this comment is tied to this project. She clarified for Mr. Morton that she has no verification that the rewsions dated January 17TM have been approved. She has the revisions, but she does not have the approval of the rews~ons. Mr. Morton asked if it is his job to get the approval from the County. Ms. Heyden stated that his Traffic Consultant forwarded the revisions to Palm Beach County; therefore, she felt it would be best for Mr. Morton to follow through on the approVaJ Chairman Dub6 expressed concern that a revised drawing, new renderings, etc. could be presented to the City Commission meeting without this board ever seeing them Mr. Morton advised that this will be heard by the City Commission on March 4t~, Chairman Dub6 pointed out that this board is approving a site plan that is landscaping only. Mr. Rosenstock did not understand how this board can be asked to approve anything that it does not see. He did not think this board should even vote on this. Mr. Morton asked that the board vote on the elevation that was displayed. He pointed out that he offered to change this elevation to try to accommodate some of the issues. Mr. Rosenstock wished to change his vote on the last project to nay. He said he did not notice comment 27 which states. "With the approval of Burger King, the City Commission required that the design elements approved for Burger King site shall be carried forward on all future development within the PCD." He felt Mr. Morton is correct and that this is a wrong statement. Chairman Dubb instructed the Recording Secretary to change the vote on the last project. 8 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 Motion Mr. Rosenstock moved that this board reject this project as set forth now because we do not have the plans and specifications that will be presented at the time of the City Commission meeting. Ms. Fraz~er seconded the motion, which carried 5-2. Chairman Dub8 and Mr. Reed cast the dissenting votes. Since this board is not able to correctly vote on this project, Chairman Dubb requested that the City Commission return it to this board Mr. Morton stated that under the expedited approval process, he is not to be delayed. He will present the amended drawihgs of the Food Court to Ms. Heyden by next Tuesday and requested that this board reconvene before the March 4th City Commission meeting. Mr. Rosenstock pointed out that Mr. Morton knows when these meetings are scheduled and questioned why he did not bring in the revised plans this evening. Mr. Morton explained that he had no intentions of revising the plan and had made this clear to the Planning Department, the City Manager, and the City Attorney. He offered to change the plan by installing a bronze metal standing seam roof and a band on top of the roof that is compatible with the band on Burger King. He is going to attempt to put some kind of coml~atibility on the windows so that they are the same color as Burger King. He felt the members of the board could have visualized these improvements and pointed out that when they have previously d sagreed with the design of other projects, they did not reject them. they sent the~ back ~nd told the app ca~t to make changes to them. They did 'not have to come back before this board. This is what he was proposing this evening. He offered to show the board the revisions that are con[e, mplated, along with any changes to;the Discount Auto elevations. Ms. Heyden advised.that all of what Mr. Morton has offered to do with the building would satisfy staff's comments. Chairman Dubb was in favor of approving this subject to the current staff conditions, but not subject to the Planning Department's approval. He advised that this board could meet again on February 25, 1997 if necessary. Mr. Rosenstock said he does not always agree with staff and felt this board is entitled to the courtesy and option of exercising its authority and should not be usurped or bypassed. If approved by the City Commission. he felt this should come back to this board 8. COMMENTS BY MEMBERS Mr. Wische knew of someone who is interested in putting an Enterprise Auto Leasing on a certain piece of property and requested him to get a consensus from this board. 9 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 Vice Chairman Golden did not think the board had enough information to comment on this. At this time, Chairman Dubb acknowledge the presence of Commissioner Jamie Titcomb. Ms. Heyden advised that the property Mr. Wische is referring to is a parcel on the west side of Federal Highway, immediately south of Nothin' But Ribs. which is on the corner of Martin Luther King Boulevard and Federal Highway. The property came before the Commission three years ago as "Williams' Auto Sales". The property is zoned C-4. Sales of used autos requires conditional use approval in the C-4 zoning district. The department made a recommendation for approval; however, the City Commission denied it. 9. ADJOURNMENT There being no further business to come before the board, the meeting was adjourned at 8:20 p.m. Eve Eubanks Recording Secretary ('Two Tapes) 10