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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