HomeMy WebLinkAboutMinutes 12-14-93 HINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN
COHMI$$IOH CHA~ERS, CITY HALL, BOYNTOH BEACH, FLORIDA, OH
TUESDAY, DECEMBER 14, 1993 AT 7:00 P,,
P~SE~
Gary Lehnertz, Chairman
Nathan Collins
Paul Davis
Bill Miller
Stan Dube, Alternate
AB.~ENT
Marilyn Huckle, Vice Chairwoman (Excused)
Mikel Jones
Bradley Weigle (Excused)
Jim Golden, Alternate (Excused)
Tambri Heyden, Acting Planning and Zoning
Director
Michael Haag, Zoning and Site Development
Administrator
James Cherof, City Atttorny
1, PLEDGE OF ALLEGIANCE
Chairman Lehnertz catled the meeting to order at 7:03 P. M. and the Pledge of
Allegiance to the Flag was recited.
2, INTRODUCTION OF MAYOR, COHMI$$IOHER$ AND BOARD HEHBER$
Chairman Lehnertz welcomed everyone to the meeting and introduced the Board mem-
bers and the City Attorney.
3, AGENDA APPROVAL
Hotlon
Mr. Collins moved to approve the agenda as presented. Mr. Dube seconded the
motion, which carried §-0.
4. APPROVAL OF MINUTES
Mr. Miller moved to approve the minutes of the November 9, 1993 meeting as sub-
mitted. Mr. Davis seconded the motion, which carried 5-0.
5, COMMUNICATIOHS AND ANMOUNCEMENTS
A, Report from the Plannln9 and Zoning Deparl~ment
Ms. Heyden advised that next month the quarterly report will be presented to the
Board and City Commission regarding the minors and waivers that have been
approved by the Planning and Zoning Department.
In response to Mr. Dube, Ms. Heyden advised that the variance and conditional
use for Checkers were approved by the City Commission.
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HINUTES - PLANNING AND DEVELOPHENT BOARD HEETING
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Certificates of Appreciation
Chairman Lehnertz distributed Certificates of Appreciation to the Board members,
which were presented by the the City Commission at the Board Dinner.
6. OLD BUSINESS
None
7. NEW BUSINESS
A, Administrative Appeal
Sign Program
Project:
Agent:
Owner:
Location:
Description:
Boynton Lakes Plaza
Terry Hams
Boynton Lakes Plaza Partnership
Boynton Lakes Boulevard at Plaza Lane; northwest
corner
Request for modification to the approved sign
program.
Mr. Haag stated that this is a request by Fru-Con Development Corporation to
modify the sign program for the Boynton Lakes Plaza. AG Development Group is
also part owner of this shopping center, He advised that in the past, when a
site plan went through the approval process and included signage, that signage
was determined to be a sign program that was approved for the entire shopping
center. This particular package identified only FrizQUADRATH letter style on
the fascia for all tenants, unless established logotype is in widespread use.
The color of the returns would be Terra Cotta, Benjamin Moore #056, and the face
of the sign would be Benjamin Moore #055. This particula- sign program did not
introduce anything to do with logos, logo designs, or symbols in the signage.
The applicant made a submittal for a sign for Walgreens. The Building
Department denied the permit application because the colors requested (red with
a bronze return) were not approved colors. The applicant would now like to
revise the sign program.
The applicant is proposing the following sign program:
Anchor Tenants
Corporate logotype signage with letter style, design and
color to be typical to other similar operations. Lette'
height not to exceed 36".
Tenant
If a tenant is connected with an operation that has an
established logotype utilized by the chain, tenant's
signage will conform in letter design, style, and color
of said corporation logotype.
- If tenant is an individual not affiliated with a
registered logotype operation, the signage shall be
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FizQUADRATH letter style, and Lexan Red 2793 for the
letter face.
All non-anchor tenants' s~gnage will be centered and
limited to 70 percent of lineal store frontage and be
located on the store fascia sign band or fascia walt.
Signage will not be closer than 12" to the top and bot-
tom edge of the sign band.
Outparcel Users -
Corporate logotype s~goage with letter style~ design, and
color to be typical to other similar operations. If user
does not have a registered logot~e, signage will be
FrizQUADR~TH style letters with Lexan Red 2793 face
color.
Mr. Miller asked why they agreed to the colors in the first place. Mr. Haag
advised him that the shopping center has a new owner. In addition, the colors
of the building were changed. This was approved administratively.
In response to Mr. Collins, Rocky Goins of AG Development advised that there are
eight tenants in the shopping center.
In response to Mr. Davis, Mr. Haag reviewed some of the sign programs in
existence on Congress Avenue.
The Planning and Zoning Department recommended allowing the tenant a percentage
of the logo signage. For example, if the tenant is allowed 100 square feet of
signage, limit what he can show in his logo design, color, and shape to 30 per-
cent. The remaining percent would be the FizQUADRATH letter style in red.
Vincent Finizio of the Engineering Department was concerned with community
character and appearance. It Seemed to him that the applicant is looking for a
blanket approval.
Mr. Goins advised that AG Development is one of the partners of Boynton Lakes
Plaza and became involved with this project one year ago. He stated that
Walgreens has refused to move into the space unless they can use their standard
logo. In addition, the building is now beige and the approved Terra Cotta color
will not look good on beige. Furthermore, Terra Cotta is not a standard sign
color and sign companies would have to specially manufacture it. Mr. Goins
explained that during the daytime, it is not much of a contrast to the stucco
that is there now, Red signs are compatible to the color of the shcpping center
and most tenants will accept red. However, some chain businesses will not
accept red. Mr. Goins stated that AG Development would like to have standard
criteria that makes sense, but also some kind of flexibility to bring chain
businesses in.
In response to Mr. Collins, Mr. Goins said if the building was left white as it
originally was, concerns would still exist because each sign company would have
different shades of Terra Cotta because it is not a standard color.
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DECENBER 14, 1993
In response to Mr. Davis, Mr. Goins would like to have the option to allow
logos on the signs and certain colors for multi-chain tenants. Chairman
Lehnertz pointed out that every tenant could then have e different color sign
with a different font. Mr. Goins advised that most tenants will allow red signs
and that it is highly unlikely that there will be a lot of multi-chain tenants
in one shopping center.
Chairman Lehnertz stated that there are two freestanding signs showing Winn
Dixie's classic font and Walgreens' classic font. He suggested putting those
particular fonts in all other freestanding signs and having the-building remain
coherent across the entire structure of the building. Mr. Gotns stated that
this will make tenants walk away from the shopping center.
Chairman Lehnertz said the applicant is proposing that the letters for the
tenants not exceed 30" in height and be located on the store fascia sign band
not closer than 12" to the top and bottom edge of the sign band. He stated that
the sign band is 64" in height and expressed concern that one sign could be 10"
higher and another sign iD" lower, creating a zigzag or stair step type of
situation.
Chairman Lehnertz asked if the freestanding signs are open in terms of logo,
font, and color. Mr. Haag answered affirmatively.
In response to Mr. Collins, Mr. Goins stated that chain businesses will not
agree to the 3D percent.
Mr. Goins advised that with a food/drugstore mix, you typically have 40 to 50
percent local tenants {mom and pops, neighborhood stores, chainless stores}.
In response to Mr. Collins, Mr. Goins advised that he has a Dunkin Donuts sche-
duled to go into the shopping center. In response to Mr. Miller, Mr. Goins
stated that if he had to stick to the script, he believed he would lose a
majority of the prospective tenants.
Mr. Goins stated that when you are trying to induce national tenants to come
into the center, you need the flexibility to allow them to use their logos,
Mr. Goins believes the four anchors will compromise on the signage.
Mr. Dube asked if the applicant's only objection to all of the staff comments is
the 30 percent on the in-line tenants. Mr. Goins answered affirmatively.
Mr. Goins mentioned the towers. Mr. Haag advised that there is signage on the
tower in front of Walgreens. Mr. Goins agreed not to allow any signage on
towers, except for the big towers. He stated that there is a sign band on the
big towers for a small sign. Mr. Haag preferred no signage on any of the
towers.
Mr. Davis felt that staff comments 2, 3, 7 and 8 on page 3 of Planning and
Zoning Memorandum #93-312 are open ended. Mr. Haag advised that those comments
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BOYIqTON BEACH, FLORIDA
DECEi4BER 14, 1993
were based on the applicant's submittal, which was received late. Therefore,
there was not enough time to clear up some of those questions. However, a
meeting was-held today and some answers to those comments were arrived at. With
regard to comment number 2, Mr. Haag advised that the color of the sign returns
for all signage Shat.l be bronze, With regard to comment number 7, Mr. Davis
stated that the location of the slgnage should be stated. In addition, he pre-
ferred not to have signs on any of the towers. With regard to comment number 3,
Mr. Haag stated that this comment was insertedto ensure that wherever the sign
was mounted to t~e building, the mounting mechan4sms are painted the same color
as the building. With regard to co~nent H~nber 8, Mr. H~ag stated that para-
graphs 1, 2 and 5 only mentioned logotype signage with letter style, design and
color typical of other similar oper~tion~. He did not know whether that meant
everything was going to be a channel letter or if it was to be left open.
Mr. Davis suggested it be limited.
Mr. Goins was not amenable to 70 percent of the signage being FrizQUADRATH let-
ter style. He stated that Winn Dixie does not really need to put signs on the
tower; however, Walgreens is insisting that they be allowed to put "pharmacy" on
the tower directly over their entranceway.
In response to Mr. Collins, Mr. Haag advised that staff's recommendation would
be to approve the request for modification to the approved sign program, which
would include the revised sign prognam as identified on pages 4 and 5 of
Planning and Zoning Department Memorandum #93-312, plus the addition of
paragraph 3 from the applicant's request.
In response to Mr. Collins, City Attorney Cherof suggested directing Mr. Haag to
reduce staff's recommendations to a final formal for the City Commission.
Motion
Mr. Collins moved to approve the request for modification to the approved sign
program, based on the modifications that the Planning Department is going to
present to the City Commission. Mr. Dube seconded the motion.
Mr. Collins included in his motion that signage be allowed on the Walgreen's
tower only. A roll call vote was polled by Chairman Lehnertz. The motion
carried 3-2. Chairman Lehnertz and Mr. Miller cast the dissenting votes.
B. Time Extension
Project:
Agent:
Owner:
Location:
Description:
Boynton Nurserles PUD
Roger G. Saberson
Boynton Nurseries
Lawrence Road at L.W.D.D. L-21 Canal; northeast
corner.
Request for a one-year time extension to concur-
rency exemption and to filing a preliminary plat.
Ms. Heyden stated that the Boynton Nurseries PUD is located at the northwest
corner of Lawrence Road and the L.W.D.D. L-21 Canal. The original PUD was
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MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
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approved on September 5, 1990. The planned development district master plans
and their accompanying concurrency certification or exemptions expire within
eighteen months of the approval date, unless a preliminary plat has been filed
with the City, To avoid that March 5, 1992 expiration, the Boynton Nurseries
requested their first one-year time extension in January, 1992, which was
granted by the City Commission, A second one-year time extension was granted,
which expires March 5, t994; thus, the reason for this third request for a one-
year time extension, which would expire on March 5, 1995.
Ms. Heyden pointed out that the next development order application for this
property {a preiiminary plat} will be subject to all of the other COncurrency
levels of service-~po~able water, sanitary se~er, solid waste, district parks,
and recreationfacilities. The PUD is currently exempt from drainage, traffic,
and neighborhood parks. However, with the,ex~ePt$on.bf tra~fi:c, the drainage
and neWghberhood parklpnopo~s that we~e:p~e§ented With the original master
plan do m~et the current levels of serv$Ce.
The Technical Review Committee recommended approval of a six-month time exten-
sion rather than a one-year time e~tension as requested by the applicant. The
six-month time extension would exp~:ne SePtember 5, lg94.
Chairman Lehnertz wondered how an extension would impact the traffic levels of
service.
Mr. Miller asked if a six-month extension would cause any hardship on the appli-
cant.
Steve Feldman, President of Pulte Home Corporation, stated that Roger Saberson
could not attend this meeting because of a personal family tragedy. Mr. Feldman
requested a one-year time extension because of the recession. Concurrency cer-
tificates granted in the late 1980s and early 1990s fell very short of the mark.
He stated that this is a very time-consuming and expensive project. He had
grave concern about termination of a concrurrency certificate six months after
the expiration date. He was concerned that his process might take longer before
Pulte is prepared to bring a final plat to the City.
Mr. Finizio pointed out that the Technical Review Committee, in anticipation of
the recessionary argument, did research with the Building Department to see
where housing stood. Housing is up and in Boynton Beach, 1993 has improved 100
percent over 1990, 1993 improved 20 percent over 1991 and 65 percent over 1992.
Mr. Finizio felt six months is long enough. He pointed out that September is
nine months away. In September, if a preliminary plat is filed, once it is
approved (which takes months), the applicant has a one-year time period to sub-
mit a final plat. Once the final plat is approved (which takes months), the
Engineering Department will issue a land development order which affords the
applicant another two-year time interval to build the infrastructure.
Furthermore, if the applicant does not build the road and water and sewer, the
City Commission can grant him an additional one-year time extension and, if
necessary, an additional one-year time extension. Mr. Finizio felt this prop-
erty should be platted and on the tax rolls so that people move into Boynton
Beach, increasing the population so that the City can apply for Federal grants.
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Mr. Feldman said he is in the business of developing land, building homes, and
closing homes to customers, He is not in the business of tying up property for
a long term. He was confident that his staff will move swiftly and said that
cycle time is an enormous competitive advantage that large builders have.
However, it is an intolerable risk to invest huge dollars up front and find our-
selves once again before you asking for an extension and risking the loss of
that investment.
Chairman Lehnertz reiterated his concern regarding the traffic level of service
on Lawrence Road. He would feel more comfortable granting an extension if he
saw a favorable impact study.
Mr. Davis would not have a problem granting an extension provided that they no
longer enjoy the concurrency categories they are currently exempt under.
Mr. Feldman stated that just about everything we do is an economic considera-
tion. Feasibility determines everything. There is a lot of land and we tend to
gravitate to those land opportunities that are great locations and provide us
with the most signifi~cant business opportunity. He asked what the value of con-
currency exemption is if you eliminate certain categorie~ and stated that the
purpose of ihis exemption is to build, develop and close out the project under
the most current rules notwithstanding the updates that have subsequently been
imposed.
Mr. Finizio stated that this entire matter is not about due diligence; it is
about concurrency and losing the exemption. The reason they were granted con-
currency was because they had an approved master plan and apparently were moving
forward in a timely fashion. However, that movement has come to a halt. If
they are granted a six month extension and do not perform within that time and
lose concurrency, they may have to six lane a major arterial road. This is the
financial impact that they are really worried about.
Mr. Collins moved to approve a six-month time extension, ending Se@tember 5,
1994, subject to staff comments. Mr. Miller seconded the motion.
Mr. Feldman requested a nine-month extension. He said this would take him to
this time next year and he felt quite confident that he would be able to deliver
the project on a timely basis. Mr. Miller pointed out that Mr. Finizio stated
that Mr. Feldman has until next September and Mr. Feldman's argument was based
on recessionary times. Mr. Feldman stated that his company has recently become
the contract purchaser and has a long term interest in the residents.
Bob Horner, 441N. Country Club Drive, Atlantis, Florida, general partner of
Boynton Nurseries, explained that another reason for the request for twelve
months is that a three month window would be needed if Pulte drops out and
Boynton Nurseries has to expend the dollars to plat this property. It would
take them a minimum of ninety days from the day Pulte contacts them to submit a
plat.
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DECEMBER 14, 1993
Chairman Lehnertz felt a six-month extension would put a little more fire under
some people's feet to get moving. He would be amenable to grant a six-month
extension now and a one-year extension if it could be shown that the level of
standards for traffic are
The motion carried 4-1. Hr. Davis cast the dissenting vote.
C. Other
Consistency Revte~
1. I~r~ cleaners as a permitted use In the CBD (Central Business
DIstrict) zoning district.
Ms. Hoyden advised that the City is initiating an amendment to the zoning code
to allow dry cleaning on premises, limited to handling goods that are brought to
the premises by retail customers, as a permitted use within the Central Business
District, Amendments to the zoning code must be reviewed by the Planning and
Development Board for a determination of consistency with the comprehensive
plan. She advised tha~ this was triggered when the Planning and Zoning
Department received an ~application for a major site plan modification for this
type of:use on a property located in the CBD alnd at that t~me, staff noted an
inconsistency in:the zoning code. She reviewed the inconsistency with the per-
mitted uses related to dry cleaning facilities~ in the various zoning districts
within the City.
The Planning and Zoning Department recommended that the determination be made
that the requested amendment to the zoning code is consistent with the compre-
hensive plan and that the following sections of the zoning code be amended as
shown below:
Section B.E.l.zz.
Coin-operated laundromats, dry cleaning pickup service,
limited to handling goods that are brought to the premises
by retail customers, tailors and dressmakers, alteration
and repair of clothing or clothing accessories.
Section 6.E.1A.
Uses requiring environmental review permits.
Within the CBD Central Business District, no building,
structure, land or water, or any part thereof, shall be
erected, altered, or used, in whole or in part, for an7 of
the following specified uses, unless an environmental
review permit is secured in accordance with the standards
and procedures set forth in section 11.3:
Dry cteanin~ on premises, limited to handling goods
that are brought to the premises b~ retail customers.
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Any use listed under section 6.E.1 which uses,
handles, stores, or displays hazardous materials, or
which generates hazardous waste, as defined by 40 Code
of Federal Regulations, Part 261.
Mr. Miller asked how the City can enforce the handling of goods brought to the
premises by retail customers only, Ms. Heyden stated it is difficult to
enforce; however, delivery trucks are usually a key that more than just retail
customers are being serviced.
In response to Chairman Lehnertz, City Attorney Cherof advised that any misrep-
resen~atien with respect to What the business does is grounds for suspension of
the o~cupational license. In response to Mr. Miller, he advised that the City
has a Code Enforcement Department with a number of inspectors to enforce this.
Motion
Mr. Dube moved to amend the zoning code, Sections 6.E.Z.zz and 6.Eol and find it
consis.tent with the comprehensive plan. Mr. Collins seconded the motion, which
carried 4-1. Mr. Miller cast the dissenting vote.
COMMENTS BY MEMBERS
Mr. Davis asked for an update at the next meeting on the City Con~nission actions
relative to the Planning and Development Board's recommendations.
In response tO Mr. Miller relative to Checkers, Ms. Meyden advised that there
were some compromises made regarding the community design plan appeal.
9. ADJOURNMENT
There being no further business to come before the Board, the meeting properly
adjourned at 9:00 P. M.
Eve Eubanks
Recording Secretary
{Two Tapes)
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