Minutes 10-09-90MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD
IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
TUESDAY, OCTOBER 9, 1990 AT 7:40 P.M.
PRESENT
Maurice Rosenstock, Chairman
Gary Lehnertz, Vice Chairman
Nathan Collins
Murray Howard
Daniel E. Richter
David Beasley, Alternate
(Voting)
William Cwynar, Alternate
(Voting)
ABSENT
Jose Aguila (Excused)
Cynthia Greenhouse (Excused)
Tambri Heyden,
Interim City Planner
Yamile Trehy,
Asst. City Attorney
Chairman Rosenstock called the meeting to order at
7:40 P.M. (This meeting was delayed because the meeting
of the Downtown Review Board was held first.) Vice Mayor
Wische and City Manager Miller arrived after the meeting
began.
AGENDA APPROVAL
There were no changes to the Agenda and it was accepted as
prepared.
APPROVAL OF MINUTES
Vice Chairman Lehnertz moved to approve the Minutes of the
September 11, 1990 and September 17, 1990 meetings as pre-
pared. Mr. Howard seconded the motion which carried 7-0.
COMMUNICATIONS AND ANNOUNCEMENTS
None.
NEW BUSINESS
A. PUBLIC HEARINGS
1. Project Name:
Agent:
Owner:
Location:
Description:
Hayes-Mack Insurance Office Building
George C. Davis
A. Warren & Veronica Mack and
Warren R. & Vicki C. Mack
South Seacrest Blvd. at Gulfstream
Blvd. northeast corner
Request for a variance to Section
5-142(h)(3) Driveways of Article X, ,
Parking Lots
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 9, 1990
Ms. Heyden indicated this variance related to a driveway
onto Seacrest Blvd. for a future office building. This was
located within 180' from the intersecting rights-of-way
lines of Seacrest and Gulfstream. The driveway was pro-
posed as far from the intersection as possible, namely, a
distance of 93' The TRB recommended approval, subject to
the driveway being limited to right turns only. The Police
Dept. had observed some problems and felt left turn movement
wo~ld worsen an already bad situation. Several board mem-
bers were familiar with the situation at this site. Mr.
Richter felt the only way the owner could utilize his pro-
perry would be by obtaining this variance. He agreed with
staff and the Police Dept.
Chairman Rosenstock commented on the Community Design Plan
and asked if staff was satisfied with the way this was going
to look. Ms. Heyden believed so and indicated if the~
weren't, there would be another opportunity for review at
the site plan level.
George Davis, Architect was present to represent the appli-
cant. He explained the reason for the variance was because
of the dumpster location. He commented on difficulty with
the property accommodating movement of a big garbage truck.
He referred to the Ordinance requiring no driveway within
180' of the corner and the fact that the property is only
150' long. Therefore, there could be no driveway to accom-
modate the trucks without the variance. Mr. Davis indicated
the owner accepted the staff comment about the right turn
only sign.
Chairman Rosenstock asked if there was any input from the
public. As there was no response from the audience, THE
PUBLIC HEARING WAS CLOSED.
Vice Chairman Lehnertz moved to recommend approval of the
Hayes-Mack Insurance Office Building variance to Section
5-142(h)(3) Driveways of Article X, Parking Lots, subject to
all staff comments. Mr. ~oward seconded the motion which
carried 7-0.
B. SITE PLANS
SITE PLAN MODIFICATIONS
Project Name:
Agent:
Owner:
Location:
Description:
The Forum Shoppes
Craig Livingston, Architect
PR Limited Partnership
North side of Ocean Drive, east of
South Congress Ave.
Request for approval of an amended
shared parking allocation and site plan
to allow for a 22~517 sq. ft. retail
addition and deletion of a 60,000 sq.
ft. office building
2
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 9, 1990
Ms. Heyden explained the applicant was requesting deletion
of the 60,000 sq. ft. office building which was approved
many years ago. It would be replaced with a 22,517 sq. ft.
retail addition at this existing shopping center. The
parking layout will be altered. The applicant was also
requesting modification of the shared parking arrangement
which is on file. Even with the modification, the applicant
will still meet the 10% required buffer.
Elevations were viewed showing the color scheme. There will
be beige stucco walls with pale blue accent tiles. There
will be red and white striped canvas awnings above the store
fronts. The TRB recommended approval, subject to staff com-
ments.
Craig Livingston, Agent for PR Limited Parnership provided
the Board with a copy of his October 9, 1990 letter to the
Mayor and City Commission. A copy of the letter is attached
to and made a part of these Minutes.
Relative to Phase I of the project which is modification of
the main entrance drive between the Bavarian Haus and First
Union Bank, Mr. Livingston indicated they would like to
remove the existing parking spaces and include it as part of
the totals for the larger project. Existing overgrown trees
would be replaced with a row of Palm Trees. Some of the
dead hedge material will be replaced.
In connection with Phase II, after the anchor tenant is
signed, they would perform modifications to the rest of the
site including adding the 22,517 sq. ft. building and
replacing all dead landscaping. A parking space will be
eliminated by the dumpster to enhance traffic circulation.
Mr. Livingston indicated they did not intend to comply with
the Engineering Dept.'s request to cut a swale into the
asphalt parking area and to install a French drain to ease
the drainage. Mr. Livingston explained the drainage
situation and felt a grass swale area would end up being a
strip of mud. Mr. Livingston accepted the other staff com-
ments but wished to discuss other options with the
Engineering Dept. The applicant proposed cutting through
the landscaped island so that water in the low spot will
drain into the catch basin. Further remarks were made about
current drainage problems at this site.
In response to a question, Mr. Livingston remarked the
applicant had covered all 23 items in Michael Haag's
memorandum No. 90-444. He explained several of the comments
didn't really apply to this situation.
Chairman Rosenstock was concerned about having sufficient
parking after this construction is complete. Ms. Heyden
responded it will still meet Code after completion.
MINUTES - PLAi~NING & ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 9, 1990
Chairman Rosenstock asked if there was any input from the
public. As there was no response from the audience, THE
PUBLIC HEARING WAS CLOSED.
Discussion took place regarding the comment in Mr.
Livingston's letter about modifications to the proposed
color scheme and the site plan rider. If a national tenant
came along and needed modification to certain colors, Mr.
Livingston realized they would have to come back through the
process to request any change in the color scheme. Chairman
Rosenstock was uncomfortable with "leaving this hanging'~
where the City didn't really know what the colors would end
up being. Mr. Richter thought as long as the applicant was
willing to go through the process to make any change, the
Board would get another look at it. It was noted that color
review is really the Community Appearance Board's respon-
sibility.
Ms. Heyden referred to the second to the last paragraph in
Mr. Livingston's letter which talked about new construction.
She stated that because the applicant is adding square
footage, they are required to bring the existing parking lot
design to Code. There were staff comments that related to
this.
Discussion resumed on problems with flooding. One board
member had noted it was particularly bad several parking
rows in front of Smoke Signals Restaurant after a heavy
rain. Mr. Livingston commented on some catch basins that
had been clogged with garbage. They are in the process of
replacing some of the grates and cleaning it up.
Mr. Richter moved to approve the site plan modification ~or
The Forum Shoppes and the amended shared parking allocation
and site plan to allow for a 22,517 sq. ft. retail addition
and deletion of a 60,000 sq. ft. office building. This was
subject to staff comments and predicated on the applicant's
ability to work out a satisfactory parking lot agreement
with the Engineering Dept. Vice Chairman Lehnertz seconded
the motion which carried 7-0.
Chairman Rosenstock asked if Mr. Livingston had a tenant for
the addition. Mr. Livingston indicated a drug store was
interested, although no final arrangements had been made.
It would not be a food or restaurant type of service. They
were also contemplating doctors' o~fices. A major tenant
had not been lined up.
ADJOURNMENT
The meeting properly adjourned at 8:08 P.M.
Shannon Burkett
Recording Secretary
(One Tape)
4
si~ewc rks archi~eds & [~[a~mem. inc.
October 9, 1990
Honorable Mayor and City Commission
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
Re: Forum Shoppes
Dear Honorable Mayor and City Commission:
As architect and Agent for the owner of the Forum Shoppes,
PR Limited, Inc., I have reviewed the comments by the
Technical Review Board and accept same with the following
objections and reasons:
En~ineerinq Department Memorandum 90-256
PR Limited, Inc. objects to the comment by the
Technical Review Board that would require modi-
fications to the existing parking lot storm
drainage. It is their position that the existing
condition currently serves the shopping center in
a satisfactory capacity and any modifications
would be not only costly but would not have any
significant improvement to the current existing
condition. Therefore, they do not accept nor
agree to comply with comment ~4, nor any improve-
ments to existing site work.
It is also my clients intention that modifications
to the access drive between the Bavarian Haus and
First Union Bank be constructed as phase 1 with all
remaining work to the shopping center and modifi-
cations to the site be performed in phase 2. It is
their intent to immediately begin phase 1; however,
all work outside of phase 1 will be done
when an anchor tenant is secured. Due to the
economic condition for retail space in South Florida
and the conservative nature of my clients, they do
not intend to proceed with phase 2 without said
tenant.
Honorable Mayor
October 9, 1990
Page 2 of 2
and City Commission
In the event said tenant negotiates for certain
lease requirements such as particular canopy
colors or signage requirements, reconfiguration
of loading spaces or minor site modifications
standard for the real estate industry, my client
intends to sign the site plan rider with the
understanding that such minor modifications may
be applied for through the proper departments of
the City of Boynton Beach.
Further, my clients have reviewed all the staff
comments by the technical review board as they
apply to the new construction only and will comply
with same as part of phase 2 requirements. In the
event that practical engineering solutions can not
be agreed upon at staff level, my clients would
seek relief from said comments at the commission
level.
We appreciate the opportunity to appear before the City of
Boynton Beach and look forward to a successful investment
in your City.
Crai~ !
Pres~d~
CRL/~
tvingston