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Minutes 01-12-93MINUTES OF THE PLANNING AND DEVELOPHENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTOH BEACH, FLORIDA, OH TUESDAY, JAHUARY 12, 1993, AT 7,'00 P. M. PRE~EHT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairman Dean Fleming Ken Johnson Bradley Miller Shirley Stevens Paul Davis, Alternate Nathan Sussman, Alternate (Arrived 7:13 P. M.) James Cherof, City Attorney Chris Cutro, Planning & Zoning Director Mike Haag, Zoning and Site Development Administrator ABSENT Nathan Collins (Excused) 1. PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:07 P. M. The Pledge of Allegiance to the Flag was recited. Mr. Davis sat at the dais in the absence of Mr. Collins. 2. INTRODUCTION OF MAYOR~ COMI~ISSIONERS AND BOARD HEHBERS Chairman Lehnertz introduced Commissioner Jose Aguila and the Board members. 3. AGENDA APPROVAL Ms. Huckle moved to add "Review of the Community Design Plan," a copy of which the members received in the mail, to the agenda as item 7.B. Mr. Miller seconded the motion which carried 7-0. 4. APPROVAL OF MINUTES There being no additions, deletions or corrections, al of the minutes of the December 8, 1992 meeting. moti:on which carried 7-0. Ms. Huckle moved the approv- Ms. Stevens seconded the 5. COHHUNICATIONS AND AHNOIJHCEHENTS A, Report of the Pl=nntng ~nd Zoning Dep~rtment Mr. Cutro reported that at the December 15, 1992 meeting, the City Commission approved the overall site plam for the East Water Treatment Plant and the sign changes at Herman's Plaza. However, with regard to Herman's Plaza, there is a dispute regarding who is going to pay for the sign and there are some problems with trees. Staff has not yet heard from the applicant. The City Commission approved a cost recovery system for reviews. Mr. Cutro explained the system and the reasoning behind it. He said this was an adminis- - 1 - ~INUI~ - PLANNING AND DEVELOPHENT:BOARD ~kq'II~ BOYNTOH BEACH, FLORID& JANUARY 12, 1993 trative change made by the City Commission that did not require review by this Board. The City Commission denied the request for a text change for a day care center in the R-l-AA on first reading. However, they decided to reconsider their deci- sion at the January 19, 1993 meeting. On final reading at the January 5, 1993 meeting, the City Commission approved the fabrication ofmarine canvas with no installation in C-3 zoning districts, and the annexation, land use and rezoning of the corner property at Hypoluxo Road and Lawrence Road. At the special meeting on January 7, 1993, the City Commission allowed staff to go forward with changes to the Community Design Plan. With regard to the annexation and the zoning, Mr. Miller asked how this would work, since a site plan was approved by the County. Mr. Cutro advised that at this time, the City accepted the County's site plan. The plan was reviewed and it was determined that there were no major deviations from the City's Code. There was a problem with the buffer wall on the east side; however, the appli- cant agreed to put it in. The site plan is presently vested at the County with concurrency. Mr. Cutro advised that the applicant's representative, Mr. Kilday, indicated there were probably going to be some major changes in the site plan. Therefore, this will probably come back before this Board in the future. Ms. Huckle asked what the City Commission based their denial of the day care center on. Mr. Cutro advised that there seemed to be some concerns regarding protection. In addition, several members of the Sky Lake community were opposed to putting a day care center on the Church of God site, which is located on Old Boynton Road because they felt it would have a detrimental effect on the single- family neighborhoods. 6. OLD BUSINESS None. 7, NEW BUSINESS. A, Public He~rin~ - Parkircj Lot Variance Project Name: Agent: Owner: Location: Description: Boynton B~ach East Water Treatment Plant John Guidry, Utilities Director City of Boynton Beach 124 East Woolbrlght Road Request variances to Section 5-142(a) Lighting and Section 5-142{h)3, 5 and 7 Driveway of Article X, Parking Lots Mr. Haag stated that expansion of the East Water Treatment Plant was discussed at the December 8, 1992 Planning and Development Board meeting. This Board -2- NINUTE$ - PLANNING AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA JANUARY 12, 1993 recommended approval of that project, subject to this parking lot variance. On December 15, 1992, the City Con~nission approveo the site plan modification, sub- ject to the results of this parking lot variance. Mr. Haag used the overhead projector to display Exhibit A, which shows the variances requested. He reviewed each of the four variances. One of the variances requested is to omit the site lighting, except for nine or ten light fixtures around the elevated water tank, three along Seacrest Boulevard, and two in the parking lot off of Woolbright Road. Section (h) deals with driveways. There is an entrance into the site at the northeast corner. The distance from the right-of-way to the first parking space or isleway should be 100'. The applicant is requesting that it be 28'. With regard to driveway distances, the existing driveway into the site is 100'. The Code requires it to be 180'. The applicant would like to leave it at 100'. With regard to the number of driveways, there are three driveways on Seacrest Boulevard. The Code only allows two. The applicant would like to keep the three driveways. On December 19, 1992, the Technical Review Committee recommended approval of all the variances. In response to Ms. Stevens, Pete Mazzella, Assistant to the Director of Utilities, confirmed that the driveways have always been there. With regard to the lighting, Ms. Stevens asked if the proposed lighting is suf- ficient to protect the employees who work in the evening. Mr. Haag pointed out that the water plant will be fenced off from the public. Mr. Mazzella added that the employees will not have to go through those gates at night. They will park in front of the plant, which is well lit. In addition, the interior of the site will be basically closed off and used for storage of City vehicles at night. There is plenty of spillover light from the building in case the employees have to walk around. There is also plenty of lighting on the buildings and walkways. In response to Ms. Huckle regarding the driveway on Woolbright Road into the Administration Building, Mr. Mazzella said there seems to be some debate as to whether that is really a driveway under the Code. He said it goes into the building, there is no thru traffic, and it is a curb cut. Mr. Miller asked what it is used for. Mr. Mazzella advised that it gives access into the center of the building where small trailers and equipment are stored. He added that it is not a thru driveway. In response to Ms. Huckle, Mr. Mazzella stated that there really are no alter- natives. He advised that the accessway way would have to be sealed off and not used. He said a garage door exists there now and that there is no way to get through to the other side. There is a concrete loading dock opposite that driveway that would impede thru traffic. Deliveries are accepted there and, therefore, the loading dock is needed. -3- H]'NUTES -PLANN]NG AND DEVELOPHENT BOARD HEETZNG BOYNTON BEACH, FLORIDA ,,1ANUARY 1~, 1993 Mr. Davis suggested eliminating the north driveway. Mr. Mazzella explained that the north driveway is part of a circular drive that goes past the water plant entrance where deliveries are accepted and where the night operators park, If the north driveway was eliminated, those people would have to back out onto Seacrest Boulevard because there is not enough room to turn around. In addi- tion, the landscaping on Seacrest Boulevard was just improved last year. If the north driveway was eliminated, the landscaping would have to be obliterated. Even so, there may still not be enough room for a turnaround. Furthermore, the north driveway provides access for heavy equipment to the north end of the water plant' where there are two large emergency generators. If those generators need servicing, access is needed for cranes and large equipment. Mr. Mazzella added that there havenot been any accidents in~ this area. ~ With regard to the b~sis for the 180' requirement, Mr. Cutro advised that no standard could be ~foOnd for the distance between a corner and a driveway. In response to Mr. Miller, Mr. Mazzella advised that the City wants to improve the parking and is-going through site plan mOdificationo Mr. Cutro added that site plan modification inBoynton Beach tPiggers improvements to the parking lot, including lighting, drainage, and rest~iPing, to whatever the accepted standards are, in addition to corrections in driveways and access points. Mr. Miller asked about the ~ the southern driveway. Mr. Mazzella would not bring the driveway up to the traffic would have to back out of that presently a two way drivewa way out driveway. Mr. Maz improved last year i~ conj 1989. The ,pre~ent v~rian¢ !He did not want to spend~C last year, which iS]~hat, a want the landscaping ~is~u ~ecause appearance Of th~ Pla~t. g the middle driveway with that connecting the driveways :he water plant and, therefore, said the north driveway is ~ing proposed to make that a one the area along Seacrest had been plan modification approved in to tie together the loose ends. caping which was improved entail, Ms. Stevens did not a tremendous difference in the With regard to the prpposed lighting and in response to Ms. Stevens, Mr. Mazzella adV~se~ ~at the effect of the proposed lighting on the residents was taken into con$ide:ration. NO ONE IN THE AUDIENOE WISHING TO SPEAK IN FAVOR OF OR AGAINST THIS VARIANCE, CHAIRMAN bEHNERTZ DEC~-ARED PUBLIC HEARING CLOSED. Ms. Huckle asked if there is going to be a roadway from the middle driveway ~pening to the south ~riveway opening. Mr. Haag answered in the negative. iMs. Huckle wondered if this was logical; however, Mr. Mazzella foresaw no reason for a connection. i~MOtlon Ms. Huckle moved to recommend approval of the request for the parking lot variance, Section 5-142(a), Lighting, as presented, and Sections 5-142(h)3, 5 -4- HTNUTES - PLANNTNG ANI) DEt/ELOPHENT BOARD HEET~NG BOYNTOH BEACH, FLORIDA ..1AHUARY 12, 1993 and 7, as requested in the application, with the provision that the northwest driveway be one way out, subject to staff comments. Mr. Miller seconded the motion which carried 7-0. B. Revle~ of Community Design PI~ Mr. Cutro used slides during his presentation. He advised that the review of the Community Design Plan was originally authorized by the City Commission in the fall of 1992 at the request of Commissioner Aguila. The present Code was adopted in 1990 and sets out three specific architectural styles for the City. Mr. Cutro noticed some problems in the overall administration of the Co~unityDesign Plan. He stated that architectural styles are imposed on areas where that style is not the dominant style. In some cases, buildings meant to be seen cannot be seen because the landscaping code forces major amounts of landscaping to be put in place. The Community Design Plan emphasizes pedestrian orientation and features when inappropriate. There is no flexibility in the Code. There is no relationship from one structure to another. The Community Design Plan forces materials to be added to existing buildings which do ~ot fit their architectural style. No atten:tion is given to the ~ompatibility o~ site to site. Mr. Cutro reviewed the p,rinicples of good design, which include consistent set- backs, consistent size, continuity in material and highlighting, and compli- menting~landscaping and colors. Mr. Cutro suggested the new guidelines exclude any specific architectural style. He was more co~?rned wi~h buildings relating to one another and felt that the details on~a Du~lld]ngi ne~d to be related to its use. He also felt that buf- fering ~nd ~he ~e:of co~on roof and building materials and landscaping needs to be stressed ~ unite ~he Properties, as opposed to trying to unite them There is a need to look at internal compatibility of walls, .ping on the sites. The review process would be cen- ~h a set procedure for reviews. The procedure would be set s procedure for minor changes. Major changes to buildings wou as a major site plan review by this Board and the City regard to minor changes, such as paint colors, an appeal pro- cedm )reby this Board, the City Commission, the ~pplicant, ) the right to ask that the item be taken to ~he Board. The decision of the Plan~ing and Development unless appealed to the City Commission. Mr. Cutro stated that thp new guidelines are not going to solve major problems in variation, setbacks, size or height, but will change the emphasis of com- munity design from one o.F detailed architectural compliance to a broader view where it is more import~ht for the structure to fit with its surroundings and the buildings around it ~s opposed to simply complying with an architectural detail. He!felt upgradi~ng would become somewhat easier for the small existing properties. He ,advised i~hat owners will not be forced to do something they do not want to do. FUrthermore, with regard to new or remodeled structures, designers will have more freedom to do the best they can with the site in terms -5- HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BOY'HTOH BEACH, FLORIDA OANUARY 12, 1993 of making it relate to buildings. Mr. Cutro advised that a process has been set up to make the built environment as pleasing to the eye as possible and as func- tional for the owners of the property as it can De. Attorney Cherof took the prospective that if there is a Code provision that deals with community design, then there must be a Code provision that is defen- sible as a matter of law. It has to have some substance to it and criteria that can be nmasured in some way. There has to be some ability for an applicant to predict whether he is meeting the Code or not, and that it is not subject to the personalities and individual tastes of the people who sit on the Board, as opposed to specific criteria. He felt the current proposal needs some work because it does not have that kind of measurable criteria where applicants would be ~ble to predict.what they need to do andthe outcome of their hearing. He did not think it would be difficult to come Up with such criteria. He advised that first the:Board needs to,come upwith some general, generic guides. He stated that o~her cities havedefensible criteria that deal With items such as specific colorS within various ranges, setbacks and certain types of land- scaping, and that these are the kinds of el~ements the~ Board Qeeds to give the City direction~ on. Ne has a Problemwith the' way the Co~uni~y Design Plan is presently d~aft~d because it puts tOomu~h powerin'the hands of the individuals who sit 6n the BOard. Attorney Cherof said he was not suggesting that purely aesthetic criteria are not permissibie ~nd that case taw exists whereby aesthetics alone is a basis for wha~ citie~ can do. He suggested that the Board advise the City of their wishes an~ then the city c~n See if it can come up with the criteria defining those wishes. Commissioner Aguila stated that he has been working on this concept for awhile, aldngwith the cost recovery concept. His original objection to the existing C~mmunity Design Plan was that people are being penalized by having to conform to an arbitrary style. He said the current Codes do not provide for considera- tion of the impact on adjacent properties. He hoped new guidelines would encourage developers and designers and better Boynton Beach. In response to Mr, Johnson, Mr. Cutro advised that the CBD is the only area where design guidelines will be kept. The basic jurisdiction for the CBD Ordinance falls with the CRAB and the City Commission sitting as the CRA. He added that a couple of months ago, he received permission from the City commission to review the CBD and split it down into more specific zones. It was the consensus of the Board to hold a workshop on this matter. Mr. Cutro will contact the members with a date specific. Attorney Cherof will provide the Board members with copies of the existing, suc- cessful codes of Miami and Boca Raton. 8. CONMENTS BY NENBER$ None. -6- H]rNUTE$ - PLANNING AND DEVELOPHENT BOARD NEET)NG BOYHTON BEACH, FLORIDA ,)ANUARY Z2~ 1993 There being no further business to come before this Board, Mr. Johnson moved to adjourn the meeting at 8:50 P. H. Ns. Huckle seconded the motion which carried 7-0. Eve Eubanks Recording Secretary {Two Tapes) -7-