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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