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Minutes 09-08-92HINUTES OF THE PLANNING AND DEVELOPNENT BOARD HEETING HELD IN CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEHBER B, 1992 AT 7:00 PRESENT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairman Nathan Collins Bradley Miller Shirley Stevens Paul Davis, Alternate Nathan Sussman, Alternate ABSENT Dean Fleming (excused) Ken Johnson (excused) Christopher Cutro, City Planner Tambri Heyden, Senior Planner James Cherof, City Attorney CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG Chairman Lehnertz called the meeting to order at 7:05 p.m. Following the Pledge of Allegiance to the Flag, Chairman Lehnertz introduced the members of the Board. AGENDA APPROVAL Mr. Cutro advised that a new agenda was distributed because the Cross Creek Centre was inadvertently left off the original agenda. Ho~lon There being no additions, deletions or corrections to the agenda, Ms. Huckle moved to approve the new agenda distributed by Mr. Cutro. Mr. Collins seconded the motion which carried unanimously. APPROVAL OF MINUTES Norton There being no additions, deletions or corrections to the August 11, 1992 minu- tes, Mr. Collins moved to accept the minutes. Ms. Stevens seconded the motion which carried unanimously. COHHUHICATIONS AND ANHOUHCEHEHT$ A. Report of the Planning and Zonlng Department Mr. Cutro reported that at the August 18th City Commission meeting, the City Commission viewed a slide presentation on the County's Urban Form Study. This is a twenty-minute presentation which is quite interesting. This study attempts to show the direction the County will take over the next twenty years with regard to transportation, water and living environment. Mr. Cutro offered to present this slide show for members at a future meeting. There was a consen- sus of the Board to view the slide presentation at a future meeting when the agenda is not too lengthy. - 1 - HINUTES - PLANHING AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA SEPTEHBER 8, 1992 Mr. Cutro further stated that at the August 18th City Commission meeting, the zoning change from R-2 to C-2 at Boynton Beach Boulevard and Old Boynton Road was approved. The Kidstop site plan in Quantum Park was approved and the Planning and Development Board's decision to allow neon lighting on the roof at Arby'$ was discussed and agendized by the City Commission for the September 2nd meeting. On September 2nd, that item was continued until the second meeting in September. Ms. Stevens said she has been contacted by three of the large condominium orga- nizations in the area regarding the decision to allow the neon lighting on Arby's roof. Representatives will be attending the City Commission meeting when this item is discussed. OLD BUSINESS A. PARKING LOT VARIANCE (Continued from August 11, 1992) 1. Project Name: Agent: Owner: Location: Description: Cross Creek Centre Robert A. Bentz Land Design South Cross Creek Associates 1313 West Boynton Beach Boulevard Request to eliminate an existing fire lane in front of the building to allow the construction of addi- tional parking spaces. Tambri Heyden made the presentation. She advised that the City's parking lot regulations require a minimum 25' wide designated fire lane which is unencum- bered by vehicles along the front of all shopping centers, retail/office complexes and retail establishments which are 15,000 square feet in size or greater. Cross Creek Centre currently meets this requirement, but in order to add fourteen {14) additional parking spaces, they are requesting relief from that requirement. In January of 1992, a parking lot variance for the removal of the fire lane was submitted by the applicant, but withdrawn at the meeting of the Planning and Zoning Board. The Technical Review Board reviewed that submittal and recom- mended the variance be denied for the following reasons: Although the building is equipped with a sprinkler system which makes the need for a fire lane less critical, a fire lane provides unencumbered access for other emergency services that do not benefit from a sprinkler system. Allowing additional parking along the front of the existing commercial building would congest the area and exacerbate existing circulation problems due to the greater demand to park in these spaces located closest to the building. 3. The applicant had not demonstrated that special conditions and circumstances exist which would justify granting the variance. -2- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 8~ 1992 Regarding this submittal, the site plan has changed. The Technical Review Committee now recommends approval of the variance. The new proposal provides parking space breaks which would allow emergency vehicles to respond to various emergencies in and around the building. The staff recommendation is subject to one condition which was described in the Engineering Department Memorandum No. 92-206 which states that the breaks be shifted so that they correspond with the outdoor seating area. The Police Department has not changed its position since the submittal of the original request for a variance since they feel the addi- tional parking spaces will increase the number of parking lot accidents in this already congested parking lot. In response to Chairman Lehnertz' question, Ms. Heyden advised that these addi- tional parking spaces will be surplus. There is no need for them at this time. Bob Bentz, Land Design South) 1280 N. Congress Avenue, Suite 109, West Palm Beach, repre-~ted the owners of Cr~s Creek Centre. He said this is a very successful shopping center which was built approximately four years ago. Because of the Fire Department's concern, the original request was withdrawn. Since that time, and after discussions with the Fire Department, this new plan was submitted. The total distance of this section of the shopping center is approximately 375'. The applicant is proposing the use of one-third of that area (approximately 125') which will leave two-thirds of the area available for access to the front of the building. This plan minimized the Fire Department's concerns, Further, not only is the building sprinklered, but the canopy is also sprinklered. In response to Mr. Collins' question, Mr. Bentz stated the drop-off box for Blockbuster Video will be relocated as far to the west as possible in an attempt to keep the people visiting Blockbuster in the western portion of the center. Further, discussions have taken place regarding marking specific parking stalls for the use of patrons of certain tenants. Chairman Lehnertz pointed out that 90% of the people using the Blockbuster drop-off box probably never park their cars. Chairman Lehnertz wondered if any of the new spaces would be designated as han- dicap parking. Mr. Bentz reported that the new spaces would not be handicap spaces. In Chairman Lehnertz' opinion, if additional parking is to be added to the fire lane, some of that parking should accommodate the handicapped. Ms. Huckle pointed out that the Police Department feels this additional parking will increase the number of parking lot accidents. Mr, Bentz explained that adding the parking in front of the retail will help to eliminate some of the pedestrian traffic in the western parking area. Mr. Bentz feels that will reduce the confrontation of pedestrians and cars at the western access point. Mr. Miller pointed out that the number of restaurants in these shopping centers increases the traffic flow. Although the parking ratio is one per 200, when restaurants are added, the traffic generated increases, the ratio remains the same and very little can be done to ease that situation. Mr. Miller suggests limiting the number of restaurants in these censers. Mr. Cutro explained that a limitation was set on the square footage for restaurants in the Boynton Promenade. -3 - MINUTE$- PLANNZNG ANO OEVELOPNENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTENBER 8, 1992 Ms. Huckle questioned what kind of precedent would be set by granting this variance. Ms. Stevens expressed the same concern and feels this would be a very dangerous precedent. Ms. Huckle pointed out that Sunshine Square had to reduce its parking considerably because of the additfon of the fire lanes. Attorney Cherof pointed out that in reviewing a request for variance, each case must be judged separately and on its own merit. The term "precedent" is not applicable in a variance situation provided all of the necessary elements are considered. A variance should be granted when the circumstances are proper. In response to Chairman Lehnertz' question, Attorney Cherof advised that the appli- cant must show need or hardship as one of the elements. Mr. Cutro explained that there has been discussion regarding the fire lane requirements. If a building is sprinktered, then the need for a fi re lane is not automatically required, However, because of the way in which this require- merits has been written into the parking lot regulations, it has now become a situation over and above the existing fire codes. Mr. Cutro will discuss this situation with the Building Official. Further, Mr. Cutro feels this is the reason there is no comment from the Fire Department on this application. Ms. Stevens stated she shops in this center and feels the area in front of these stores is narrow. She thinks the audition of parking spaces would be dangerous and would lead to more accidents. She does not see the need for the additional parking and cannot support granting this variance. Mr. Davis asked the applicant to address Items #2 and #3 set forth by the Technical Review Board as reasons for denial in January of 1992. Mr. Bentz feels Item #3 dealing with-special conditions and circumstances is clear. The easement behind the center will not permit the property to be wider. An access drive was required in the rear of the property. The building was not moved over more because of the access points. A dangerous situation would have been created;therefore, the building was located between the two driveways. These two factors created the hardship. Today, t~e tenants and patrons are experiencing problems because of the parking situation. With regard to Item #2, Mr. B~nt~ feels the congestion is 106ated at the westerly-most entrance of the parki:ng lot because of the ~umber of people ~parking in that area and walking across traffic areas. Mr. Davis feels the area in front of the stores is a thoroughfare and does not feel this variance should be approved because it will create additional congestion with cars attempting to back out. THERE WAS NO ONE PRESENT TO SPEAK AT PUBLIC AUDIENCE. Mr. Miller feels the applicant sees a problem with parking in this area and wants to alleviate that problem. The additional fourteen spaces involve only approximately 700 square feet. In theory, the applicant could add that square footage to the site plan and then those fourteen spaces would be required. He feels the applicant is trying to provide the tenants with a better situation. -4 - MINUTES - PLANNING AND DEVELOPNENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER B, 199~ Chairman Lehnertz is concered with the fact that the area in front is always congested. The front area is narrow and he agrees with the Police Department that serious problems could be created by the addition of parking spaces. Further, a variance should be predicated upon a hardship and Mr. Lehnertz does not feel a hardship exists. Motion Ms. Stevens moved to recommend to the City Con~nission that they deny the parking lot variance request in Item 6A1, Cross Creek Centre. Mr. Sussman seconded the motion which carried 6-1. (Mr. Miller cast the dissenting vote.) NEW BUSINESS A. PUBLIC HEARING ABANDONMENT Project Name: Agent: Owner: Location: Description: Carriage HMS of Congress Lakes Thomas T. McMurrian Carriage Homes Development Inc, N.W. 22nd Avenue west of Congress Avenue (directly west of the Target Shopping Center) Request for the abandonment of a Special Purpose Easement Mr. Cutro made the presentation. The reason for the request is that the can- tilevered area of Building #9 is encroaching into the easement. The easement contains a sewer line and the applicant is aware that maintenance and repair of the portion of the line through the abandoned easenmnt will be his respon- sibility. No comments were received from any other City departments and staff recommends forwarding this request to the City Commission with a recommendation for approval. Thomas McMurrlan, 1767 N. Congress Avenue, Bo)nton Beach~ represented Savannah Lakes Community. He presented a plan which depicted the area in question. He explained that the building cantilevers over the easement. The easement is 25' and the building encroaches approximately 5' into the easement. THERE WAS NO ONE PRESENT TO SPEAK AT PUBLIC AUDIENCE. Motion Mr, Collins moved to approve the request for the abandonment of a Special Purpose Easement located at NW 22nd Avenue west of Congress Avenue (directly west of the Target Shopping Center) subject to all staff comments. Ms. Huckle seconded the motion which carried unanimously. B. Community Design Plan Review Review a request by Richard Parsons to install red clay barrel tile to the roof of Captain Frank's Seafood building located at 435 W. Boynton Beach Boulevard. The building is located in the Coastal Village Design District. -5- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEHBER 8, 1992 Mr, Cutro made the presentation. He explained that Mr. Parsons is in the pro- cess of remodeling the existing structure and would like to replace the existing cement tile roof with red barrel tile. The area is in the Coastal Village Design District; however, there is no dominant design theme west of Seacrest Boulevard up to 1-95. There is a building on the north side with a barrel tile roof and two buildings on the south side which indicate a mediterranean styling. Mr. Cutro feels this area lacks an architectural style and does not think this area will ever achieve compliance with the Coastal Village Design because most of the buildings have already been developed. Staff does not have a recommendation on this and is seeking a recommendation for the City Commission. The proposed tile is a light red clay color, Ms. Huckle wondered why no colored elevation drawings were submitted as required by Code. Mr. Cutro explained that this began as a minor site plan modification. It was not felt that the drawings were necessary or required at that time. It was pointed out that the color of the exterior walls will remain white. Ms. Huckle noted that white is, also not acceptable in the Coa~.tal Village Design. Mr. Cutro explained that when the roof is changed, style 1,s affected. Under normal circumstances, With what was a minor site plan, thi,s is a roof replace- ment, The question is~ will ~he corridor be negatively a%fected by the roofing change? Mr. C~t~o does ~o~ think the corridor will be negatively affected. Mr. Cutro reminded t~e Boa~d~m~mbers of the requirements unde~ the Coastal Village Design District. Mr. Cutro questions whether the area west of Seacrest Boulevard should be included in the Coastal Village Design District. Ms. Stevens explained that she likes the Coastal Village Design and does not disagree with Mr. Cutro in his questioning of the area. However, she stressed that this area was included i~ the plan and if it is not going to be followed, then it should be eliminated. Mr. Cutro explained that the appeal procedure was set up by the same people who prepared the design plam in an effort to alleviate problems which might arise. Chairman Lehnertz feels a good case could be made for extending the mediterra- nean styling east of 1-95 to Seacrest Boulevard. Rtchard Parsons o~ Captain Frank'$~ located at 435 W. Boynton Beach Boulevard~ ~ Beach~ said there are a few buildings in the mediterranean theme. He feels there will probably be a lot more people wanting to install red barrel roofs in the future. In his opinion, the red barrel roof will add tremendously to the aesthetic appeal. Further, this type of roof will be much more durable. Mr. Parsons agreed to use a color other than white for the exterior walls if that is the desire of the Board. Ms. Huckle agreed with Ms. Stevens that this section of Boynton Beach Boulevard should be eliminated from the Coastal Village Design District and suggested a recommendation be made to the City Commission that they look at this section of the City further. Ms. Huckle supports this exception. Motion Ms. Huckle moved to recommend to the City Commission that this exception be granted for the red barrel tile roof on Captain Frank's Seafood. Mr. Sussman seconded the motion which carried unanimously. N)'NUTES - PLANNING AND DEVELOPNENT BOARD NEET]'NG BOYNTON BEACH, FLORZDA SEPTEHBER 8, 1992 C. Landscape Appeal 1. Review an appeal by Richard Parsons to delete a terminal landscaping island in the parkl~ area of Captain Frank's Seafood located at 435 West Boynton Beach Boulevard. Mr. Cutro made the presentation. He explained that the way the landscape code is set up, the applicant can appeal determinations made by staff with regard to landscaping. Approximately nine months ago, Mr, Parsons submitted a site plan for a minor revision to improve the parking lot and add the addition onto the building. Mr. Parsons has put in the parking lot and now wants to delete two terminal islands closest to the right-of-way on Boynton Beach Boulevard. Those islands are required and there is a 5' buffer between the right-of-way and the parking areas. There is a 10' sight triangle, but if the landscaping is kept low enough and the trees kept high enough, the landscaping does not have to be eliminated. Every applicant goes through this.requirement and Mr. Cutro does not recommend waiving it. Mr. Cutro pointed out that the Community Appearance Board never looked favorably on any application to delete landscape islands. This island creates a physical barrier. Staff recommends denying this request. Mr. Cutro stated this site has been played around with for a long time. Mr. Parsons was held up because the zoning was improper. The zoning was changed and many things were put in place in order to get th~buildi~g as close to Code as possible. There are still four parking spaces onthe site which are more dangerous than the situation on Boynton Beach Boulevard. However, that is not an issue at this time. In response to Mr. Davis' question, Mr. Cutro advised that an extension of the existing Cocoplum hedges has been requested. The hedges would have to be main- tained at a lower height for sight purposes. Richard Parsons feels the islands create a dangerous situation. He has spoken with-O-~T~ reevaluating the situation for a traffic signal and he has also been working with the school. Ms. Stevens will support staff's recommendation on this request. She feels landscaping along Boynton Beach Boulevard is necessary. Mr. Cutro stated that he was originally against the driveway on Boynton Beach Boulevard but agreed to it because Mr. Parsons agreed to make it work. However, in order for it to work, M~'. Parsons needs the deletion of the island. Mr. Cutro is against the deletion of the island. Mr. Parsons stated this has gone through many administrations. He has a set of approved plans and he could proceed legally. However, he is trying to work with the current administration to find an alternative to what he considers is a dangerous situation. Mr. Miller asked for the distance from parking space #6 to the right-of-way and was advised the distance is §'. Mr. Miller pointed out that the visibility triangle applies to the left side and there will not be a visibility problem if the hedges are kept well trimmed. -7- MINUTES - PLANNIHG AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1992 Mo~lon Ms. Huckle moved to deny the request of Mr. Parsons to delete a terminal landscaping island in the parking area. Mr. Collins seconded the motion which carried unanimously. COMRENT$ BY MEHBER$ Chairman Lehnertz asked how the City can attempt to amend the Building Codes and ensure inspections are performed up to Code. Mr. Cutro advised Mr. Lehnertz to sPeak with Mr. Jaeger. Mr. Collins asked Commissioners Harmening and Aguila where the City and School Board stand with regard to the Poinciana issue. Both Commissioners had just returned from a meeting on this issue and Commissioner Harmening stated nothing has yet been resolved. Commissioner AguilA explained that tonight's meeting was a welcome to the parents and a presentation on a Montessori program. AO~OURHHENT There being no further business to come before the Board, Ms. Stevens moved to adjourn the meeting at 8:50 p.m. Ms. Huckle seconded the motion which carried unanimously. ReCordi ng SeCretary (Two TaPes) -8-