Minutes 08-13-96 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, AUGUST 13, 1996, AT 7:00 P.M.
PRESENT
J. Stanley Dub6, Chairman
Jim Golden, Vice Chairman
Jos6 Aguila
Robert Eisner
Barry Hill
Lee Wische
Pat Frazier, Alternate (Voting Member)
James Reed, Alternate
ABSENT
Maurice Rosenstock
Tambri Heyden, Planning & Zoning
Director
Mike Haag, Zoning & Site Develop.
Admin.
1. PLEDGE OF ALLEGIANCE
Chairman Dub~ called the meeting to order at 7:00 p.m., and led the Pledge of Allegiance to the
Flag.
2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS
Chairman Dub~ acknowledged the presence of ali board members with the exception of Maurice
Rosenstock who is in California. Alternate member, Pat Frazier, participated as a voting member
in Mr. Rosenstock's absence.
3. AGENDA APPROVAL
Vice Chairman Golden moved to accept the agenda. Mr. Aguila seconded the motion which carried
unanimously.
4. APPROVAL OF MINUTES
Mr. Aguila moved to approve the minutes of the July 9, 1996 meeting. Mr. Wische seconded the
motion which carried unanimously.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
1. Final Disposition of Last Meeting's Agenda Items
Tambri Heyden, Planning and Zoning Director~ reported on the City Commission's action on the
following four Planning and Development Board agenda items from last month's meeting:
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
AUGUST 13, 1996
Comprehensive Plan Text Amendment for Public Storage - The applicant
requested a postponement to the October City Commission meeting. However, the
City Commission decided not to honor the applicant's request, and took action on the
application. The application was denied. The applicant has submitted a request to
the City Manager's Office for reconsideration. There is no information available
relative to whether or not a reconsideration will be granted.
Conditional Use and Parking Lot Variance for RivenNalk Shopping Center -
Both applications were approved subject to all Planning and Development Board
recommendations and staff comments that were not in conflict with the board's
recommendations.
Site Plan for Healing for the Nations Church - This application was approved
subjec~ to the board's recommendations.
Ms. Heyden reminded the members that at the last meeting, mention was made about the
landscaping at Tiffany's. Code Enforcement sent Tiffany's a courtesy violation on August 8 which
puts them on notice that the site must:be brought up to the landscaping reflected on the most recent
site plan.
Mr. Aguila advised Ms. Heyden that all of the streetside landscaping is missing from the Atrium
Shopping Center on Federal Highway. He reminded her that the applicant was mandated to install
that landscaping when he came to the City to talk about building colors and opening the driveway
on Federal Highway. Other than grass, the applicant has never installed a tree or hedge. Ms.
Heyden will investigate this situation.
Chairman Dub6 pointed out that although the board is spending a great deal of time on these types
of issues, it is time well spent because the present City Commission has been endorsing the board's
recommendations relative to landscaping.
Ms. Heyden advised that Blockbuster has requested a postponement until the next meeting on
September 10.
Chairman Dub6 questioned whythis application was received withoUt a plan submittal. Ms. Heyden
advised that corporate identity means everything to Blockbuster. It is her opinion that prior to going
into the Site plan process, they want to find out if they will be able to get their lighted awning.
Vice Chairman Golden suggested that this type of request be tied to the site plan approval process
so that an applicant cannot come in with an incomplete package.
Mr. Aguila did not have an objection to an applicant trying to "feel out" the board because if the
community is adamant on some of these standards, the applicants can then find another location.
We have dealt with many corporate identity applicants. Some of those applicants have changed
to our way of thinking, and others have moved on to other communities.
Ms. Heyden advised that she did not have a problem with the site plan submission not being
included. However, she would like to have seen more details on the elevations.
2
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BoyNToN BEACH, FLORIDA
AUGUST 13, 1996
Chairman Dub6 acknowledged the arrival of Vice Mayor Jaskiewicz.
6. OLD BUSINESS:
None
7. NEW BUSINESS:
PUBLIC HEARING
Rezoninq
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Commons PCD
Land Design South
Boynton Commons Corporation
Southwest corner of Congress Avenue and Old
Boynton Road
Request to amend the original PCD master plan to
increase the total square footage from 186,120 to
213;650 separate square footage from the main
building into a fourth; leased outparcel building,
replace the 5,000 square foot leased outparcel bank
building with an 8;000 square foot leased outpamel
video store, reduce the size of the leased outparcel
restaurant building from 7,500 square feet to 5,000
square feet, relocate the drugstore drive-thru to the
north side of the outparcel building, add a driveway
onto Old Boynton Road and delete a driveway on
Congress Avenue.
Mr. Haag was available to respond to any questions bythe aPPlicant or board members.
Mr. Aguila pointed out that he did not see any evidence of wheel stops in the areas that do not have
landscape curbs. Mr. Haag advised that the Engineering Department's comments provide a blanket
statement that this application must meet the Code. There will be curb stops meeting the Code, and
the applicant has agreed to that requirement. These wheel stops are not shown on the master plan,
Mr. Aguila asked if the Code requires every parking space to have a wheel stop or a curb. Mr. Haag
responded negatively and advised that it is necessary on every other space wherever there is no
landscape curb island. Mr. Aguila feels there should be one or the other everywhere to eliminate
the potential of cars racing across rows in the parking Iot~ Mr, Haag said staff reviewed for minimal
Code. Because they had the wheel stops, staff did not make any additional remarks about them.
Vice Chairman Golden referred t° Comment #27 in Exhibit "E" relative to "closing off every other
aisle opening to the north and south for a safer Circulation pattern. The new areas Should be
landscaped and curbed," He asked Mr. Haag to use the map to clarify the meaning of this
comment.
At the map, Mr. Haag explained that this comment refers to closing off openings to keep vehicles
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
AUGUST 13, 1996
from cutting across the parking lot. Mr. Aguila and Ms. Frazier disagreed with this comment. Mr.
Aguila feels closing off ofthese openings will probably cause a great deal of turning around and
backing up. Mr. Haag explained that the Engineenng Department's concern was with the cross
aisles. Mr. Aguila would rather see every grouping of parking have a 5' landscape strip; however,
since that is not a Code requirement, then he would want every other one to have that strip and
wherever there ~s no landscape strip, there should be wheel stops on every space.
Joe Lelonek, of Land Design South, advised that the applicant also has a concern about closing
off every other access. By doing what E,,ng nearing recommends, dead-end situations will be
created. Some of the parking ar:eas are 100 .Icing, People will be backing down the access aisles.
In an effort to avoid people coming from one end of the parking lot to the other, there are areas with
landscaped curbed medians.
Chairman Dub6 noted that the landscaped medians are not on the landscape plan Mr. Lelonek
advised that they are landscaped as far as sod. They will be used as pretreatment areas for the
retention. Detailed landscape plans were submitted with the site plan application. That application
will come before-the board within a few -nonths. At this point, the overall master plan is being
addressed. The lesser detail requirement does not show all of the individual landscape items other
than some of the items that were requested as part of the last rezoning application. Those requests
included an increased buffer on the penmeter of the site and some of the individual terminal island
trees. It will be Very difficult to take a diagonal track across the parking lot in the areas where the
landscape aisles are provided.
The major concern of the applicant is the location of "Sports Authority". The applicant has provided
the location of "Sports Authority" in an effort to secure the final leases. This center includes a
number of national tenants with their own set of guidelines of what they want with regard to zoning
and location. The rezomng that is being presented is to increase the square footage of the center
This center will retain the same number of tenants; however, this will provide final plans as part of
the lease packages and the Letters of Intent for the uses.
One of the finalized items is the location of "Sports Authority". Mr. Lelonek believes their lease is
predicated on the location proposed. A relocation of this store to the north would cause a problem.
Mr. Lelonek displayed a proposed revision which will be part of the site plan. The proposal involves
mowng the local retail from the east side of "Bed, Bath & Beyond" to the west side and stretching
the interior core farther to the west. By doing this, the problem of the access on Old Boynton Road
will be eliminated. The applicant will keep the center corridor through the site to allow access and
visibility. "Sports Authority" will remain on the southwesl side of the tract This is a major issue and
the applicant cannot accept staff's comments.to move "Sports Authority" to the north end of the site.
The retention area, as shown on the proposed revision, has benefits. It is larger than it was at its
previous location (1.33 acres~ and its location is next to the intersection which wiII provide a focal
point at the corner.
Mr. Aguila pointed out that what Mr. Lelonek was proposing was not what the board had before it
for review and action. Mr. Lelonek advised that staff was alerted to the proposed change last week.
Staff decided to Dreceed with the plan that was submitted, and any changes relative to the removal
of the access point on Old Boynton Road or any other changes, could be handled through the site
plan. The applicant agreed to that, but wanted the members of this board to realize that there is an
intention to change the plan They want to be up front with their intentions and have the benefit of
showing that to the board.
MEETING MINUTES
PLANNING &DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
AUGUST 13, 1996
In response to Chairman ubes quesbon, Ms. Heyden advised that the ptan the board was
reviewing this evening is the same plan that w go before the City Commission.
Mr. Aguila pointed out that Mr. Lelonek's proposed changes look good to him at a distance of 30';
however, he may feel differently at 12". Mr. Lelonek offered to provide plans to each of the
memeers. He circulated the one copy of the proposed changes he mentioned so that the members
could review it.
Ms. Hoyden advised that this will come back to the board as a site plan approval. She further
advised that this proposed' change was given to staff the day before the agenda package was ready.
There was :no ~Nay tO handle this without gert ng comments from staff. That s why the board s
re~/iewing the 0dginal Subm ttal. Mr. Le onek thanked Staff for a low ng the applicant to move
forWard and realized that there was not enough time for staff :to review the proposed changes prior
to th s meeting.
Mr. Wische asked if the board would be able to vote on the changes proposed by the applicant. Ms.
Hoyden advised that the application which is before the board this evening is the one which was on
the screen, and nothing else.
Mr. Lelonek stated that most of the remaining comments are reiterations of Code requirements. He
addressed the comments of concern as follows:
The first Comment #15 of Exhibit "E" states that not more than two freestanding s~gns are
allowed.
Mr. Lelonek requested that this be written to the intent of the Code -- "that unless the applicant
submits a master signage program that would allow more signs". This master signage program
would have to be submitted at a later time.
Ms. Heyden advised that the Code only allows two freestanding signs per property. Based on the
current plan, leased outparcels are shown. These are not separate tracts. Because this is one
parcel, they are aJiowed two freestanding signs. Mr. Haag added that the sign code allows for some
flexibi!ity with respect to planned developments. If approved by the Planning and Development
Board and the City Commission, the applicant can introduce more signs. The base is two, but there
is some latitude.
In response to Vice Chairman Golden's question, Ms, Hoyden advised that the sign program will be
separately aPProved.
Comment ~¢22 requests the elimination of parking/backing directly into major north/south
driveway Which serves as a local street. It recommends revising the site plan to move
"Sports Authority" to the northwest corner and the retention back to ifs location along with
some additional changes.
The applicant disagrees with comment relative to the master plan that is being reviewed tonight.
He referred to the proposed changes where this situation will be removed entirely because the
access onto Old BoyntOn ROad will be eliminated.
Mr. Aguila asked if Mr. Lelonek would object to flipping the 13 parking spaces 180o. At present, the
5
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
AUGUST 13, 1996
back out is now toward the west with the island toward the east. By doing this, the patrons would
have to come from the Walgreen's side to pull in. Mr. Lelonek stated this is an option he would
consider.
Comment #27 deals with closing every other access aisle.
Mr. Lelonek disagrees with this comment, as discussed earlier.
Commerrt #29 deals with City-approved road bumps.
Mr. Lelonek disagrees with this comment and feels that in this center, they do not feel speed bumps
are appropriate. The access aisles are wide, and there is room for fire lanes in front of the individual
tenants.
Mr. Lelonek was opposed to any type of speed bump or hump Ms. Frazier, and Messrs. Aguila,
Eisner and Wische agreed with his position.
Comment #46 addresses moving "Sports Authority" to the north side of the site.
Mr. Lelonek disagrees with this portion of the comment. However, he is in agreement with the
following: It is further recommended that, if a redesign of the site would result in the omission
of the driveway located on Old Boynton Road, that the removal of the driveway not require
an application for a master plan modification.
Chairman Dub6 expressed his concern with the location of the handicap parking spaces because
they do not allow proper access to the stores. Mr. Lelonek advised that the revised site plans depicl
revisions to those parking spaces. Some of the spaces have been relocated to the fronts of the
stores.
Mr. Aguila stated that he does not have a problem with the location of "Sports Authority" where it is
proposed. However, Winchester Park Boulevard will be a very busy road. The first thing that will
be obvious will be the loading area for "Sports Authority". He noted the 6' high masonry wall on the
north side of "Bed, Bath & Beyond". He proposed that the applicant do the same thing on the west
side of the truck wale by "Sports Authority". As a starting point, he recommended going at a 45o
angle from the corner of the building at the south end of the truck wale up toward the first
Winchester structure wall. It can then be run north and across the angle past the compact area
coming from the 45o angle from the building. By doing this, the entire side will be shielded.
Landscaping and foundatior planting can be added to prevent graffiti.
In addition, Mr. Aguila recommended that there be a softer lake edge which includes foundation
plantings. This will provide a focal point and a nicer public space
Mr. Aguila further requested that wheel stops be installed at every space wherever there are no
sodded landscape aisles. He explained that his first choice would be for more landscaping, but he
realizes that the applicant would lose parking spaces. Tree should be planted in the lanes where
landscaping is included. No trees appear on the current plan, but Mr. Aguila is hopeful they will be
obvious at site plan.
Chairman Dub6 asked Ms. Heyden to explain staff's recommendation to move "Sports Authority".
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOyNTON BEACH, FLORIDA
AUGUST 13, 1996
Ms. Heyden explained that when this developer met with her, she learned that he was the developer
of the Fountains at Boynton Beach Boulevard and Jog Road. That center is beautifully done and
is probably more attractive than any other center in Boynton Beach. The parcel in question this
evening ,s one that has Comprehensive Plan language attached to it. At the time of adopting the
Comprehensive Plan, language was included which provided guidelines on how to develop this
parcel The property in Planning Area 7.f includes this language. That language states that this
property is to be developed into Planned Commercial Districts. Planned Commercial Districts
require a master, plan wh ch g yes th,e C ty an opportunity to set design guidelines. This property
is i~ the hear~ of :the new do~vntown and it is veCy significant to the City.
At the Fountains, there is a great deal of tile and paver bricks. There is also a fountain. That is what
we would have liked in this center. Originally they tried to achieve someth ngs milar through their
water areas aod, the cloc~k tow~ ~r. This Shopping ~er~er has ~is bility omail four sides and therefore
sets up int~eresting 0pportuhiti,es for the tenants because there will be interna co~npetit en The
clock towe~' feature h&s r~ow b~en elim hated. They have agreed to include a f~untain in the water
area. We Wan, ted this to be a s, ignature Shopping ~nter. ~placing the outparcels n the ocat ons
shown, it doe~ hot take into c~nsideration ~at could happen on the remaining parcels.
Shopping cer~ter.development bas changed dramatically. Ms. Heyden has heard that banks requ re
signe~ leases ~"rom the tenants prior ~ providing tli(e !!n~.n ,c, ing, There is a grea~ deal of compet t on.
Witt~ the origirfai master ~ an, V~en Sports Authori~ felt Bed, Bath & Beyond had better visibility,
they pulled', away from the center.
Vice Chairman Golden understands that while the original plan is the nicer plan, the second plan
is the real world developer's plan.
Ms. Heyden would like to have seen this center developed in a special way since it is in the heart
of the new downtown. This master plan shows nothing to identify that it is special.
Chairman Dub6 questioned why "Sports Authority" left the Boynton Festive Center. Ms. Heyden
explained that it had something to do with the contracts signed by the tenants on Congress Avenue
in front of the Mall that prohibited the sale of certain items.
Ms. Frazier asked for a status report on the property across the street from Boynton Commons PCD.
To her knowle~dge, Ms. Heyden reported that the developer of Boynton Commons PCD plans to
purchase that property.
Motion
Vice Chairman Golden moved to recommend approval for Boynton Commons PCD request to
amend the original PC D master plan to increase the total square footage from 186,120 to 213,650
separate square footage from the main building into a fourth, leased outparcel building, replace the
5,000 square foot leased outparcel bank building with an 8,000 square foot leased outparcel video
store, reduce the size of the leased outparcel restaurant building from 7,500 square feet to 5,000
square feet, relocate the drugstore drive-thru to the north side of the outparcel building, add a
driveway onto Old Boynton Road and delete a driveway on Congress Avenue subject to staff
comments with the following clarifications and deletions:
1. The first Comment #15 - The sign issue will be resolved at site plan approval or at
MEETING MINUTES
PLANNING DEVELOPMENT BOARD
BOYNTON B~CH, FLORIDA
AUGUST 13, 1996
whatever point they submit a package;
Item #22 - To flip the row of parking next to the Walgreen's as
discuSSed;
3. Item #27 - Delete
4. Item ,~¢29 - Delete
Item #46 - Delete the first part of the comment, but keep the second
part which reads, "It is further recommended that, if a redesign of
the site would result in the omission of the driveway located on
Old Boynton Road, that the removal of the driveway not require
an application for a master plan modification."
Ms. Frazier seconded the motion.
Mr. Aguila asked if Vice Chairman Golden would consider the two items he suggested earlier
regarding the approximate 300 linear feet of wall on the west side of "Sports Authority" along
Winchester Park Boulevard to shield the loading area, with appropriate foundation plantings, and
the additional landscaping. Vice Chairman Golden shared these concerns, but feels they can be
dealt with at the time of site plan.
Chairman E3ubb acknowledged the presence in the audience of Commissioner and Mrs. Bradley.
The motion carried 7-0.
For Ms. Heyden's edification, Mr. Aguila advised that his recommendation relative to Comment #22
is to flip the 13 parking spaces on the west side of Walgreen's so that they do not back out into the
drive aisle.
CHAIRMAN DUB~ POINTED OUT THAT THIS WAS A PUBLIC HEARING, BUT THERE WAS NO
ONE FROM THE PUBLIC PRESENT IN THE AUDIENCE TO COMMENT.
B. APPEALS
Community Desiqn Plan Appeal
1. Project Name:
Agent;
Owner:
Location:
Description:
Blockbuster Video
Will Sherrod
Anchor Awning & Signs
Blockbuster Entertainment
Boynton Lakes Plaza - southeast corner of Congress
Avenue and Hypoluxo Road
Request to appeal the Community Design Plan to
allow back-lit awnings.
Chairman Dub6 announced that the board received a request to postpone this application until the
September 10, 1996 meeting.
MEETING MINUTES
pLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
AUGUST 13, 1996
C. OTHER
Parkinq Lot Variance
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Commons PCD
Joe Lelonek
Land Design South
Bill Ray Winchester and Elsie A. Winchester
Southwest corner of Cid Boynton Road and Congress
Avenue
Request for a variance from the Land Development
Regulations, Chapter 23 - Parking Lots, Article II,
Section H.5- Clearance at major driveways, to reduce
the required distance of the interior access aisle to
the ddveway on Old Boynton Road from 100 feet to
55 feet on the west side of the two-way driveway.
Chairman Dub6 questioned whether there was a need to discuss the variance since the applicant
is eliminating the driveway.
Joe Lelonek advised that he is following staff's direction by seeking approval. He has no objection
to any of the conditions. When the applicant submits the site plan, the driveway will be eliminated.
Ms. Heyden advised that the master plan which was approved by the board this evening requires
thiS variance,
Motion
Mr. Aguila moved to approve the request for a variance from the Land Development Regulations,
Chapter 23 - Parking Lots, Article II, Section H.5 - Clearance at majo[ driveways, to reduce the
required distance of the interior access aisle to the driveway on Old Boynton Road from 100 feet
to 55 feet on the west side of the two-way driveway subject to-staff comments and subject to the
earlier condition of flipping those 13 spaces 180o so that they do not back up into the drive aisle.
Mr. Wische seconded the motion which carried 7-0.
Abandonment
Project Name:
Agent:
Owner:
Location:
Description:
Kepner Drive
John and Tammy Ragno
City of Boynton Beach
Northeast corner of Kepner Drive (a.k.a.S.E. 7th
Street)
Request to abandon the eastern portion of the cul-de-
sac located at the northern terminus of Kepner Drive
(a.k.a.S.E. 7th Street).
Tamm¥ Raqno had no questions and agreed with the staff comments.
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
AUGUST 13, 1996
Motion
Vice Chairman Golden moved to approve the request to abandon the eastern portion of the cul-de-
sac located al the northern terminus of Kepner Drive (a.k.a.S.E. 7th Street) subject to staff
comments. Mr. Aguila seconded the motion which carried unanimously.
8. COMMENTS BY MEMBERS
Vice Chairman Golden advised that the DCA has decided to appeal the City's decision on QuanTum
ark. At Chairman Dubes request, Ms, Heyden adwsed that this subject deals with the DRI
amendment that came before ~he board appro~(imately two months ago for add ng additional
commercial lots at Quantum Park and reloc~.{ing the parcels a ready designated for commercial
The City Commission decided that they did not want the f ex b ty of commercial and requ red the
appli?ant to desigriate the number of commercial acres. The appicant turned in a master plan
showing that and included a note that precluded Treasure Coast a~nd the DCA from ever looking at
the master modification again. Their note was not worded correctly: DCA has 45 days after we
adopt a Development 0rd~r to appeal Theywant the note removed from the p an Therefore they
are aPPealing, MS. Hoyden has net had an opportunity to talk with Quantum Park representat yes
about removing the note, She is hopeful the~, Will ren~ove the note and that will end the issue.
9. ADJOURNMENT
There being no further business to come before the board, the meeting properly adjourned at 8:14
p.m.
Recording Secretary
(Two Tapes)
Augus~ 14. 1996
l0