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Minutes 08-14-90MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 14, 1990 AT 7:30 P. M. PRESENT Maurice Rosenstock, Chairman Gary. Lehnertz, Vice Chairman Jose' Aguila Nathan Collins Cynthia Greenhouse Daniel E. Richter ABSENT Murray Howard (Excused) Harold Blanchette, Alternate (Excused) Jim Golden, Interim Planning Director Tambri Heyden, Assistant City Planner Scott Elk, Assistant City Attorney Chairman Rosenstock called the meeting to order at 7:45 P. M. (This meeting was delayed because the meeting of the Downtown Review Board was held first.) AGENDA APPROVAL Under "OTHER, A. -CONSISTENCY REVIEW," Mrs. Greenhouse wished to postpone "3. Sign Ordinance". After discussion, it was decided this should be brought up later. (See page 15 of these minutes.) Mr. Golden added "B. DISCUSSION ON CHAPTER 19." Mr. Aguila added "Streamlining the Process~ under "COMMENTS BY MEMBERS". Vice Chairman Lehnertz moved, seconded by Mrs. Greenhouse, to approve the agenda as amended. Motion carried 6-0. APPROVAL OF MINUTES Minutes of Regular Meeting of July 10, 1990 Minutes of Special Meeting of July 20, 1990 Mr. Aguila noted he was listed as an Alternate Member in minutes, and he said the minutes should be corrected to reflect he is a Regular Member of the Board. the Minutes of Workshop Meeting of P&Z Board and Community Appearance Board (CAB) held August 2, 1990 Mr. Aguila moved to approve the minutes as amended, MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 seconded by Mrs. Greenhouse. Motion carried 6-0. COMMUNICATIONS AND ANNO-~NCEMENTS Chairman Rosenstock thought everyone knew he had been away on vacation. He thanked everyone (and especially Vice Chairman Lehnertz, Mr. Aguila and Mrs. Greenhouse) for help- ing to perpetuate the feelings of the State of Florida, whereby they requested all municipalities to have as much citizen participation in government as possible. He thought the fact that the electorate came out was commendable, and he expressed his thanks to those citizens. OLD BUSINESS A. PUBLIC HEARINGS (Continued July 10, 1990) CONDITIONAL USE Project Name: Nine to Five Day Care Center Agent: Slattery & Root Architects Owner: The ~amlet Joint Venture Location: East side of N. E. 4th Street, between N. E. 16th Avenue and N. E. 20th Avenue Legal Description: Description: That part of Lots 20 to 26 inclusive, lying in said Sec. 15 of Sam Brown Jr.'s Hypoluxo Subdivision, as recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, FL. Being the S. 332' of the W. 165' (as measured along the S. and W. lines thereof) of said Lots 20 to 26 inclusive Request for conditional use approval to construct a day care center for 150 children Ms. Heyden made the presentation, as outlined in Memo No. 90-200 from the Planning Department. (See Addendum A attached to the original copy of these minutes in the Office of the City Clerk.) The Planning Department recommended that this request be approved, subject to staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda A through E inclusive, and to the following comments: MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 Engineering Department "In accordance with City of Boynton Beach Code of Ordinances, Chapter 19-17, Site Plan Review Process and Chapter 5, Sec. 5-142 'Required Parking Lot Improvements', the applicant for the above referenced project shall submit the following information, technical data and plan revisions: The site lighting plan does not comply with minimum lighting levels, reference previous submittal. Lighting s~stem must be photo-celled activated. Delete time clock notes. Provide sidewalks. Provide F.P.L. opinion of cost for street lighting and submit monies in an equal amount to the City of Boynton Beach." Public Works "Call Public Works 738-7424, prior to forming dumpster enclosure." Forester/Horticulturist Memo of August 7, 1990 "The previous memorandum of June 6, 1990 is still in effect for T.R.B. sign off." Memo of June 6, 1990 "1. The applicant must prepare a Tree Management Plan for the existing Mango trees on site. 2. The swale area adjacent to 4th Street should be irri- gated and sodded between the Mango trees which are preserved. 3. Potable water cannot be used for the irrigation system. 4. The landscape plan should reflect 50% native trees and 30% native shrubs/bushes." Mrs. Greenhouse spoke to people at the Boynton Mobile Village mobile home park, who will be most immediately affected by the project. They are extremely concerned about the buffer. Ms. Heyden replied that the Planning Department had not received any calls from the mobile home park. In addition to the proposed chain link fence, a hedge is also proposed. Mr. Collins asked what the ages of the children will be. Ms. Heyden answered they will be infants to ten years of a~e. - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 Mark Burton, Architect, Slattery & Root Architects, 2101 N. W. 2nd Avenue, Boca Raton, FL 33431, appeared before the Board. link fence, buffering. Discussion ensued about a wood fence, a chain a ficus hedge, the surrounding area, and Barry Felner, 4723 West Atlantic Avenue, Delray Beach, FL 33435, called attention to the high maintenance of wood fences, and he stated wood rots. ge thought a cyclone fence with basket weave through it would be better. The fence will be six feet high, and the hedge will be the height of the fence. As the center will be open until midnight, Mrs. Greenhouse wondered how the sound would be buffered. She wondered what the people would do for three years, while the ficus hedge grows. Mr. Burton interjected that the children will not be out of the center after 6:00 P. M. Mr. Collins did not think there would be a problem. Mr. Felner added they do not plan to light the place up like a baseball stadium. Mr. Felner told Mr. Aguila they will be lighting the build- ing, so people can leave the building in the evening. Mr. Burton stated there will be some lighting in the playground area, which will be mainly for security. Landscape lighting will be on the ground, pointing towards the trees. The lights will have blinders on them. Mrs. Greenhouse asked whether the suggested cyclone fence with basket weave and the ficus hedge sounded okay to the Planning Department. That addressed Ms. Heyden's concerns. Mr. Felner agreed to that. Chairman Rosenstock asked whether any one in ~he audience wished to speak in favor of, or in opposition to the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Felner asked if the buffering was to be just for the north buffer line, Where the playground abuts the mobile home park. It was not to be down the east side, where the property abuts the boat yard. Mr. Aguila thought it should be both north and east. There was discussion. Mr. Felner objected, saying only boats are on the east side. Chairman Rosenstock requested that they buffer a small portion on the east side, so people living in the mobile home park will not have any objections. Mr. Felner agreed that was fair and had no problem with the suggestion. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 Mr. Collins moved to approve the request, comments. Mr. Aguila seconded the motion, carried 6-0. subject to staff and the motion NEW BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE Project Name: Agent: Owner: Location: Legal Description: Description: Pep's Sea Grill None Frank R. Chivas South Federal Highway at S. Avenue, northwest corner E. 21st Lots 1 and 2, Happy Lane, according to the plat thereo~ recorded in Plat Book 21, page 33, Public Records of Palm Beach County Request for a variance to Sec. 5-142Ii) (2) "Parking Lot Layout" of Article X- Parking Lots Ms. Heyden explained the purpose of the variance is to increase the seating capacity from 62 seats to 72 seats. The applicant was requesting the addition of four parking spaces. The TRB, with a 6-3 vote, recommended approval of the request, subject to the staff comments contained in Addendum F attached to the original copy of these minutes in the Office of the City Clerk, and to the following comments: Police Department "Parking spaces backing onto S. E. 20th Ave. present a hazard due to limited visibility and congestion on S. E. 20th Ave." The Members discussed traffic. Mr. Collins noted some people on the TRB had some concerns. Chairman Rosenstock asked whether the Planning Department felt there would be a safety problem. Ms. Heyden replied the Planning Department felt there would be a safety problem. Frank R. Chivas, 2005 South Federal Highway, said the four parking spots would mean more business. He stated S. E. 20th Avenue does not get much use. Tenants in the apart- ments also back out onto S. E. 20th Avenue. Mr. Chivas - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 told how he has been trying to bring the property up to Code, so he can use the restaurant facility. He stressed that 16% will really make a difference as to whether he will succeed or not, and he asked the Board to give him the opportunity to have the restaurant. As no one in the audience wished to comment, THE PUBLIC HEARING WAS CLOSED. Mr. Richter moved to approve the request, subject to staff commen~s. Vice Chairman Lehnertz seconded the motion, and the motion carried 6-0. A. SITE PLANS SITE PLAN MODIFICATIONS Project Name: Agent: Owner: Location: Description: Shoppes of Woolbright Robert Gomez, Project Manager Tradewinds Development Corp. c/o Howard Scharlin Woolbright Road at the L.W.D.D. E-4 Canal, northeast corner Request for approval of an amended site plan to allow for pro]ect signage Ms. Heyden explained the sign program, which included entry wall signs, freestanding signs, and building signs. She informed the Members the two freestanding signs are subject to variances being approved by the City Commission. The TRB recommended approval of the request, subject to the staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda G and H, and to the following comments: Utilities Department ~'Existing 10" water main is near the two pole signs. Field locate utilities and relocate signs as required." Forester/Horticulturist "The applicant is showing landscape planting in the S. W. Sth Street median. The plan should include a plant legend showing quantities, sizes, and planted specifications for all materials. The plan must show 50% native trees and 30% native shrubs, hedges and bushes. Irrigation must be provided to all areas. MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 The developer must assume all maintenance for the median area and landscaping around signage." Chairman Rosenstock asked how high the tallest sign would be. Ms. Heyden believed it would be 50 feet. Mrs. Greenhouse inquired whether the Home Depot sign will be illuminated. MS. Heyden answered affirmatively. She was informed it will be on the west side of the building. Robert Gomez, Project Manager, Tradewinds Development Corp., 902 Clint Moore Road, Suite 124, Boca Raton, FL 33407, stated the TRB approved the sign program witk the condition that he submit various applications to the Community Appearance Board (CAB). He has submitted the applications. Discussion ensued about the 50 foot high sign and its loca- tion. Mrs. Greenhouse asked how far the 50 foot sign would be from the 30 foot sign. Mr. Gomez answered it would be about 1,5Q0 feet. Ee explained that the elevation for the overpass is so high, you cannot see the 50 foot sign from 1-95. Mrs. Greenhouse inquired why both the 50 foot sign and the 30 foot sign were needed. Mr. Gomez replied the 50 foot slgn will have the Shoppes of Woolbrigbt at the ~op and show the Home Depot in the middle. He further explained the sign. Mr. Richter did not have a problem with this, because he understood where the signs would be put and thought it~made good sense. There was discussion about the variances. Vice Chairman Lehnertz pointed out there is a Home Depot at Congress Avenue and 10th Avenue North in Palm Springs that no one has ~rouble finding. He also referred to the Home Depot in Hillsboro and the time spent by the Board in going over a proposed new Sign Code. Vice Chairman Lehnertz stated what he was looking at was outrageous, ugly, and looked like something you would see in Georgia. He did not think Boynton Beach needed that, and he did not feel they needed something that would stick way up above the building. Vice Chairman Lehnertz would not have a problem with two free- standing signs, but he did not see any reason for these monstrosities. Mr. Aguila questioned whether they had considered putting signage on the rear of the building for the 1-95 traffic. Mr. Gomez replied it could not be seen from the highway because of the buffer. There was further discussion about the signs. - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 Vice Chairman Lehnertz pointed out the comments from the Building Department were with regard to the current Sign Ordinance. The Board's recommendations reduced these even further. If this would be approved as suggested by Michael Haag, Zoning & Site Development Administrator, (Addendum G), and if the recommendations of the Board are approved, Vice Chairman Lehnertz stated the signs would be non- conforming at that point. Bob Evans, East Coast Construction Manager, Home Depot, Atlanta, Georgia, came forward, and Chairman Rosenstock asked whether he could suggest a compromise, so the appli- cant could get the Board's approval. Mr. Evans introduced Pam Cox, Collins Sign Company. He felt the Members were getting things out of context. The signs will not be as big and audacious as it seemed the Board was perceiving. Pam Cox, Collins Sign~, 109 South Gate Road, Dothan, Alabama, stated the pylon signs are standard across the country. The standard size is 14'x14' at 45' overall height. Ms. Cox stated they reviewed the location and agreed they could go with a s~aller sign. It has already been reduced. Mrs. Greenhouse drew attention to the second comment in the memo from Mr. Haag (Addendum G). Ms. Cox explained the sign- age. For the record, Mrs. Greenhouse said the larger sign would be 90 square feet larger than what is currently allowed for a freestanding sign. Ms. Cox stated the total square footage of the larger siqn with everything combined is 187 square feet by 50 feet high. Mrs. Greenhouse noted that was 20 feet taller than what is presently allowed under the Code. On the building sign criteria, Ms. Cox said the City was allowing 10%, or not to exceed 64 square feet. On the free- standing signs, because of the traffic flows and the distance from S. W. 8th Street to the face of the building, they are looking at a distance of 650 feet. Ms. Cox emphasized 187 square feet is the smallest they can go for the signage to make any kind of impact. Ms. Cox further said the pylon sign is to advise the public, so they can exit quickly enough. Comments were made about visibility from 1-95, variances, and setting a precedent. Chairman Rosenstock asked if the applicant would agree to reduce the 50 ~oot sign to 35 feet high. If the site is not identifiable and a member of the public is looking for it and hits his brakes, Mr. Evans felt that would be a hardship. Chairman Rosenstock reiterated he was looking for a - 8 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 compromise. He observed the owner of the property, Michael Morton, was present in the audience, and he wondered if they could come to some type of agreement. Mr. Evans asked for a recess, so they could discuss matter with Mr. Morton. THE BOARD TOOK A RECESS AT 8:45 P. M. The meeting resumed at 8:55 P. M. the Chairman Rosenstock stated the Board was also concerned about the glare of the sign a~d wanted to be sure there will not be an extensive glare coming from the sign. Michael Morton, Tradewinds Development, said the sign will be the same style sign that Home Depot's sign is. It will just have different lettering to differentiate the fact it is the Shoppes of Woolbright Place with Home Depot as the feature of the shopping center. Mr. Morton referred to the ramp coming off of 1-95 and said it starts at the elevation of 1-95 and comes up to approxi- mately 20 or 25 feet, where it meets the Woolbright overpass. He thought they could compromise by moving that sign northward along the rear of the building, so it will be going down the ramp. Mr. Morton said they will lower the sign by ten feet and make it a 40 foot sign. They will still get visibility and can tut 10 feet off the sign with no problem. Mr. Richter understood the request was just to allow for proper signage. The applicant would still have to go through the variance procedure. What the applicant needed from the Board was just a recommendation for the sign program. Mr. Morton agreed and added that any decision the Board would make on the variance would not be binding on the City. Discussion ensued as to whether the sign could be put on the east side of the building. Mr. Morton explained why this could not be done, and stated it is a danger not to have a sign. Mr. Aguila liked the compromise. Mr. Evans liked the Board's suggested new location for the sign. Mr. Morton commented it would help both parties, and he said the applicant could agree to it. By the Board not letting them go ahead easily, Mr. Morton said they realized during the recess it would be a better place to put the sign. Mr. Evans expressed that the P&Z Board was right. Mr. Morton remarked this was a case where the P&Z Board came through with ftylng colors. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 Vice Chairman Lehnertz wondered if the signs for the other stores will be large enough for someone to see them from the ramp. Mr. Morton informed him Ms. Cox's company is familiar with putting these signs up all over the country. That type of lettering will be seen coming up the ramp from 1-95. The 30 foot sign can be seen from Woolbright Road. The Shoppes of Woolbright is the identification of the center. Home Depot is the feature. Assistant City Attorney Elk advised Mrs. Greenhouse the request was not for a variance. It was only to allow for the signage being discussed by the Board. Attorney Elk stated the Board was approving the signage for the site plan, but in no way was it to have any bearing on the appli- cant's request for a variance. That was a completely separate item, which will have to be heard. It seemed strange to Mrs. Greenhouse that they were approving the sign- age before the variances were approved. Ms. Heyden again explained the sign program. Mr. Morton explained the request. Motion Mr. Richter moved to approve the request, subject to staff comments. Mr. Collins seconded the motion. Mrs. Greenhouse wondered whether Mr. his motion to include the compromise developerl Richter wanted to amend made tonight by the Amended Motion Mr. Richter amended his motion to include the compromise on the freestanding pylon sign. A vote was taken on the motion, and the motion carried 6-0. OTHER A. CONSISTENCY REVIEW (pursuant to Chapter 163.3194 F.S.) 1o Land Development Regulations Mr. Golden explained the comments and handouts the Members were given. Chairman Rosenstock wished to abstain from voting because he had been away for a month, and he asked whether the Members were familiar with the comments. Mr. Collins had read the comments and had no problem with them. Mr. Aguila noted they incorporated all of the comments the Board had made. 10 - MINUTES PLANNING & ZONING BOARD BOTfNTON BEACH, FLORIDA AUGUST 14, 1990 Richard Rubin, Planning Consultant, reminded the Members he assisted in drafting the Regulations. He asked Chairman Rosenstock to recall there was a lengthy conversation rela- tive Ko all of the Ordinances. Included in each draft were the additions and deletions the Board had requested. Mr. Richter questioned whether Chairman Rosenstock could abstain from voting. Vice Chairman Lehnertz thought Mr. Rubin did an excellent job, but he called attention to the following: Page 6 of 29 "C. Request for Determination of Boundaries" The last sentence in this paragraph should read: "The Department shall make the determination within ten (10) working days ." Page 7 of 29 The first sentence in paragraph 1 should be corrected, as follows: "1. Certain activities are presumed to have insig- nificant adverse affect on the beneficial functions of a Protected Environmentally Sensitive Zone. The words "Commercial or" should be deleted from paragraph 2. eo Page 9 of 29 The words "Commercial or" should be deleted from paragraph "f" at the top of the page. Page 13 of 29 Vice Chairman Lehnertz called attention to paragraph 2. He felt seven years was too long because someone could say they would not have to do anything for six years. Mr. Rubin suggested the following sentence should be added: "Restora- tion shall be substantially completed within the first year." Mr. Rubin made the following changes: Page 25 of 29 Mr. Rubin called attention to the third line in the paragraph at the top of the page and said Kevin Hallahan, Forester/Horticulturist, recommended the following change: - 11 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACh, FLORIDA AUGUST 14, 1990 "Ail developments proposed adjacent to or which include natural areas included on Figure 4, shall submit, prior to site master plan acceptance, a flora and fauna site survey prepared . The following was added by Mr. Hallahan after the first sentence in paragraph 2 under "C. Habitat Management Plan": ". .The Plan shall be reviewed by the Forester/Horticultur- ist prior to site master plan acceptance by the T.R.B. In front of each Ordinance, Mr. Rubin suggested write, "Draft for August 14, 1990," so they will one they are referring to in the future. the Members know which Mr. Finizio thought if they would review Florida Statute 112, the Members would find as a Board and Land Development Regulatory Commission, they are responsible to vote on all matters. The only time they can abstain is if they have a conflict of interest. Mr. Rubin requested that the Members turn to page 4 of 9 of Work Product $6. Mr. Finizio had suggested the following addition under "II. Public Swale Area, 2.": "d. In all cases the affected swale area must comply with minimum enqlneering standards for swale construction as depicted in Engineering Department Standard Drawing No. A-80033." Mr. Richter moved to find the Land Development Regulations consistent with the Comprehensive Plan. Vice ~hairman Lehnertz seconded the motion, and the motion carried 6-0. 2. Community Design Plan Mr. Golden stated this is the design plan that had involved Casa Blanca Apartments. It was before the Board for a recommendation of consistency with the Comprehensive Plan. Chairman Rosenstock referred to Casa Blanca's roofs and the Ordinance that was to be drawn asking developers for an agreement when they submit their plans. Vice Mayor Wische informed him the Ordinance was approved on first reading. Mr. Golden stated this was prepared by members of th9 City Staff. Discussion ensued about colors and architecture. Vince Finizio, Administrative Coordinator of Engineering, thought it was a great plan. Mr. Aguila asked whether it 12 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 meant if a client of his wished to do a project on Boynton Beach Boulevard from 1-95 to U. S. 1, the client's only choice would be coastal village architecture. Mr. Golden replied that was what the Plan said. Mr. Aguila thought that was wrong. He felt they were taking the rights away from property owners to do what they think is nice. He questioned why the architecture has to be modern in certain areas anA Mediterranean in other areas. Mr. Aguila felt they were putting handcuffs .on people's creativity. He thought it was dictatorial, and he exclaimed, "This is the United States!" If it would be a case where Mr. Aguila's client wanted a whole block of property, Mr. Richter thought it would fall under the conceptual site plan of Chapter 19. At that point, a variance to the Ordinance could be brought out. The City has a variance for almost every Ordinance it has. Mr. Aguila responded to obtain e variance, you must show a hardship. It would be'difficult for him to Show a hardship, because his case would not agree with that particular style of architeetu~e. The Board he would appear before would not want to set a precedent for somebody who might come in with the same request. ~Lr. Richter agreed. Mr. Collins thought the City had to have some guidelines to work with because of the growth of the City. He thought that was what the administration was trying to do. Mr. Collins understQod What Mr. Aguila was saying, in terms of his profession. Without getting into the issue of whether some Members of Boards are qualified to be advising what they are advising, Mr. Aguila stated there is the CAB, the P&Z Board, and the City Staff. The City Staff is doing an excellent job of making sure applicants follow the Codes. The P&Z Board is trying to make the City a better City, and they are not go- lng to continue to rubberstamp what the City Staff tells them should be done. At this point, the P&Z Board is trying to make sure what somebody is proposing is compatible with the neighborhood, in good taste, and will be something the City will be proud of. They should think of these as pro]- ects tha~ are taken ~o respectable professionals, who do design work and make presentations. It should become obvious to the Boards when projects are presented what projects are trying to slide by and which ones were given some thought because the applicant is interested in the community. Mr. Aguila did not want a group of City Staff Members trying to tell him he has to comply with a particular architectural 13 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 style before he has even gotten the job. not American. He stressed it is Mr. Collins still thought they were heading in the right direction in terms of what would be best for the City. Mr. Richter cited Kentucky Fried Chicken and Bud's as coastal village architecture and said the new marina will also be this type of architecture. City Hall is in the same area, but it does not follow that type of architecture. That was what he meant by a conceptual plan. Mr. Richter felt it was just a guideline to follow and a recommendation. If what Mr. Richter was saying was true, Mr. Aguila stated he would back off from anything he said. Discussion ensued about what the Board should recommend to the City Commis- sion. If this would be the law, Mr. Aguila told the Members he could not support it. Mrs. Greenhouse understood the City Staff would determine which category a project would fall into and whether the plans are consistent with that category. She thought it was aesthetics. In her opinion, aesthetics had to be regulatedi Chairman Rosenstock referred to places he has visited, and he pointed out municipalities in this country demand that people building in those areas adhere to e certain zoning plan. All that was suggested here was that a theme be carried through. Chairman Rosenstock elaborated. Vice ~nairman Lehnertz noted several Florida native species were omitted. He did not know where the list came from, but he stated he would like to see some additions. Mr. Golden advised this was lust for a consistency review. He suggested any changes be a separate recommendation to the City Commission. Mr. Aguila also had a problem with the dominant exterior colors. He was uncomfortable with the choice of colors, and he wanted the designer to have more flexibility in this regard. Mr. Aguila did not want to determine what the colors should be. There was discussion about flexibility, variances, colors, and appeals. Motion Mr. Richter moved to find the Community Design Plan to be consistent with the Comprehensive Plan. Mr. Collins seconded the motion. 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 Vice Chairman Lehnertz asked how he could add additional landscape trees and bushes. Mr. Golden replied that Vice Chairman Lehnertz should give him a list. He will forward it with a memo for the consistency review. A vote was taken on the motion, and the motion carried 5-1. Mr. Aguila cast the dissenting vote. 3. Sign Ordinance Mr. Golden informed the Members that the minutes of their workshop meeting were distributed to the City Commission. The Ordinance was before the Board for a determination of consistency review with the Comprehensive Plan Mrs. Greenhouse stated this was determined to be a land development regulation under Sec. 163, Flcrida Statutes. It has to go back to the City Staff to be revised. Mrs. Greenhouse explained why this would have to be postponed. Mr. Golden said it was up to the Board as to how they wanted ~o proceed with the consistency review. Mrs. Greenhouse moved to postpone the consistency review of the Sign Ordinance until the City Staff has had an oppor- tunity to incorporate the findings from the workshop meeting of August 2, 1990. Mr. Richter seconded the motion, and the motion carried 6-0. B. DISCUSSION ON CHAPTER 19 Status Report Concerning Board's Review of Revisions Mr. Golden referred to the Section that Tim Cannon, former Interim Planning Director, had worked on. He stated it has to be incorporated into the text of Chapter 19. Mr. Golden asked the Members if they would feel comfortable reviewing that at the next regular meeting of the Board. Mr. Finizio apprised the Members that Mr. Golden, City Manager Miller, and he have been simplifying the language. He further explained. Chairman Rosenstock asked when the Members would be able to review this. Mr. Golden replied he would try to have it to the Members a week before the next meeting. Mrs. Greenhouse asked if they could also have the Sign Ordinance a week before they review it. Mr. Golden answered that he would pass that recommendation on to the City Manager. 15 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 COMMENTS BY MEMBERS Speeding Up of Process - Requested by Jose' Aguila Mr. Ag uila finds it difficult to look at the merits of a project because of the size drawings he receives. After elaborating about a prior request he made to the previous P&Z Board, he expressed that applicants should be required to submit more copies of their drawings. The City of Boca Raton requires 16 full sets of drawings. Eack Commissioner gets a copy, and the P&Z Board Members get a copy. Delray Beach asks for 21 sets. Mr. Aguila did not think it was unreasonable to ask developers to provide more copies. He wanted the Board's support in asking the City Commission to allow them to adjust the application form to require enough sets of drawings so the Board Members will have some- thing to look at. Before every meeting, Chairman~Rosenst0ck stated he goes to the Planning Department, reviews the agenda, and looks at the plans. He thought Mr. Aguila was talking about costs to the "little guys". Chairman Rosenstock asked if it was impossible for Members of the Board to present them- selves to the Planning Department. It was for Mrs. Greenhouse. It was estimated nine copies would cost $15. Vice Mayor Wische interjected they would have to also consider the CAB. Mr. Aguila thought providing the Members with copies of the Warranty Deed and the Contract to Purchase was a waste of time. If he gets the TRB's reports and copies of the drawings, he did not need anything else. Vice Chairman Lehn~rtz agreed. Discussion ensued about going to the Planning Department to see the plans and the drawings received by the Members. On amendments to site plans, Mr. Richter just wants to see what is modified. A good footprint plan, an elevation plan, and location plan is what is needed. Mr. Richter would accept a reduced drawing if he could read the drawing. If they cannot read the drawings, they should be full drawings. Mr. Collins commented that the Members did not know some- times how much of an impact their decisions have on indivi- duals coming before them. He reminded them they have been able to make intelligent decisions, based on what they have had. Mr. Collins wondered whether the cost of the drawings will create a more negative image in terms of the City and its developers. It might be fine for larger developers, but 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1990 he could not see it for smaller people. Mr. Aguila argued it would not be a big cost item. Mr. Collins ~elt the ~little guy would get dumped on again". The image of the City is beginning to get better. Mr. Collins clarified that he gets it from the black Contractors because that is the area he deals with mostly. He does not say a lot of things while on the Board, but Mr. Collins apprised the Members he handles a lot of problems they do not even know exist, because of his involvement in the community. He is concerned about the image the City has relative to that particular segment° Mr. Golden informed Vice Chairman Lehnertz that Chapter 19 currently requires six sets of drawings. Four are for the City Staff, and the remaining two go back to the applicant. Mr. Golden advised Mrs. Greenhouse they would have to amend Chapter 19 to require more drawings. Mr. Golden said legal documents could be excluded from the Members' agendas. Carmen Annunziato, former City Planner had been concerned about them being a part of the package. Vice Mayor Wische Commended Mr. Collins guessed everyone received a copy of the letter from Vice Mayor Wische relative to his stand on the P&Z Board. Mr. Collins moved to publicly commend Vice Mayor Wische for his stand in stating he would change his vote relative to the P&Z Board. Mr. Richter seconded the motion, and the motion carried 6-0. ADJOURNMENT The meeting properly adjourned at 10:08 P. M. 17 - TO: THRU: FROM: DATE: SUBJECT: PLANNING DEPT. MEMORANDUM NO. 90-200 Chairman ~nd Members Planning ~nd Zoning Board James J. Golden - Interim Planning Director Tambri J. Reyden Assistant City Planner July 3, 1990 Revised Augusu 8, 1990) Nine to Five Day fare Center (at the Hamlet~ Conditional Use - File No. 505 summary: Mark Burton with $1attery and Root Architects, ~genm for Hamlet Joint Venture, ~s requesting conditional use approval for a day care center to serve 150 children, infants to ten years of age, to be located au 1770 N.E. 4th Street, approximately 225 feet north of the intersection of N.E. 4tn Street and N.E. 16th Avenue. The 1.26 acre parcel is undeveloped and is occupied by a mango grove previously used for commercial production. Submittal of ~ conditional use application and construction of a day care center was made a condition of approval of the Hamlet apar~men~ project. Specifically, no more than 25% o~ the building permits for the apar=menm project can be issued until the day care cenuer is completed. Surrounding Land Uses and Zoning (see au~ached map~: Abutting the subject parcel uo the north and northeast is the Boynmon Mobile Village mobile home park, zoned R-3, Multi-family Residential. To the south is St. Andrews Manor, an adult congregane living facility, zoned R-3, Multi-family Residential. Farther, to the southwest, ~re single family, detached homes, zoned R1A. To the wes= and northwest is the proposed Hamlet apartment projecu, zoned R-3, Multi-family Residential. Standards for Evaluating Conditional Uses,: Section ll.2.D of the Zoning Regulations contazns tke following smandards =o which conditional uses are required to conform. Following each of these standards is the Planning Department's evaluation of the application as to whether zt would comply with the ~rticular standard. The Planning and Zoning Board and City Iommission shall consider only such conditional uses as are authorized under the uerms of tnese zoning regulations, and, in connection therewith, may gran= conditional uses absolutely or conditioned upon the faithful adherence to and of fulfillment of such restrictions and conditions including, but non limited to, the dedication of propert~ for streets. ~lleys, and recreation space, and sidewalks, as shall be necessary for the protection of the surrounding area and the citizens' general welfare, oi deny conditional uses when no= in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Comn~ssion shall consider the effect of the proposed use on the general keatth, safety, and welfare of the conununity, and make written findings certifying that satisfacuory provision has been made concerning the following standards, where 1. Ingress and egress uo the subject properu~ and proposed surucuures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access ~n case of fire or cauasrrophe Two driveways are proposed from the properuy onto N.E. 4th Street: a uwo-way driveway a~ the southwesu corner oi the parcel and a one-way, egress only driveway at the northwest corner of the parcel. The two-way driveway provides the only ingress the site, Lncluding access uo the major parking area on the south side of the day care cenuer building, the drop-off area a~ the Page 1 of ADDENDUM A PM No. 90-200 -2- July 3, 1990 (Revised August 8, [990) front of the building and the small parking area adjacent co the egress only driveway, north of the building. The one-way ~affio flow and drop-off area design enables children to be picked up and dropped off adjacenm To the front of the building in a ~afe, efficient and convenient manner, while no~ obstructing vehicles exiting the parking lot. This design is also conducive emergency access in the even~ of fire or ca~asurQphe. As stated Ln the auLached Planning Department memorandum, it is rece~ended ~hat the drop-off area be striped and posted ~o parking and standinq in the drop-off area. With respect ~o pedestrian safety, cwo of the oonditions of approval of the Hamlet aparEmen~ prooect, on the wesu side of N.E. 4th Streeu, were to dedicate N.E. 4th Street uo the city and construct a sidewalk along the property frontage. Similarly, uhe subject request is proposing a sidewalk on the east side of N.E. 4th Stree5 along the day care center frontage ~o provloe a pedestrian link from the apartment project, where ~u ~s anticipated that a large number of the children using the care cenuer facility will reside, to the day care center. With respect to traffic, a traffic impact analys~s was prepared by Olsak & Associates -which documents that the day care center will qeneraEe · total of 452 vehicle trips per day. Since the sumber of trips per day is less than 500, this project ms exempt from the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. Based on the projected number of peak hour turn movements, N.E. 4th Street will adequately handle the traffic generated by the day care center without warrantihg construction improvements above those which are required of ~he Hamlet apartment prozecu. 2. Off-street parking and loading areas where required, with particular attention to the items mn subsection D.1 mbove, and the econommc, glare, noise, and odor effects the conditional use would have on adjacen5 ~nd nearby properties, and the City as a whole. Twenty-five parking spaces are required for this use, plus ~n adequaue drop-off area, which ~re uo be provided. Since the number of children per age group that will be attending this facility is unknown at this time, it is difficult uo compare the City's parking requirement for this ~se with the number of personnel that ~ilI be required for supervision. However, it is anticipated that over half the parking spaces proposed will be occupied by st~ff. With respect uo noise, an H.R.S. required outdoor play area is be located on the north side of the building and on the south side of the building. As previously discussed, the adjacent land uses to the north and south ~re a mobile home park and adult congregate living facility (ACLF), respectively. It is anticipated that noise from the play areas will be audible from the mobile home park and the ACLF. This will be partially minimized by the large nun~ber of mature mango trees being preserved around the periphery of the play areas (see item ~5 below for discussion concerning the recommendation for additional screening;. The glare and economzc effects that the conditional use will have on the City and adjacent properties, will be discussed under item =6 below. 3. Refus~ and service areas~ with particular reference uo the items in subsection D.1 and D.2 above. The refuse and service areas proposed are ~dequaue co serve the day care facility and are easily accessible. Page 2 of ADDENDUM A No. 90-200 -3- July 3, 1990 Revised August S. ~990) 4. Utilities. with reference to locations, availability, ~nd compatibility. An existing lift station located south of the day care center will be relocated to the southwest corner of the day care cen~er site. The City~.~ill complete construction of the lift station, ~ ~ontribution ~f ~125.000 to support ~he Ha/nlet. ~n affor!abi~ housing project. Ln exchange for receiving title uo the new 30 foot square llft station si~e~ The new lift station, ~o be completed in !ate 1990. will be upgraded uo serve the day care ~en=er and the H~let apartments with City sewer service. City waser will be provided by tying into an existing 16 inch waEe~ main located within the N.E. 4th Stree= right-of-way. 5. Screening, buffering, and landscaping with reference uo type, dimensions and character. The proposed screening, buffering ~nd kandscapzng have been addressed in the attached memorandums from the City Forester/ Horticulturist ~nd the Building Department. The landscape plan does no~ comply with the native vegetation requirement and mus~ be revised to reflect alternative species. The mlnlmum buffers required by code have been provided and vegetative screening of the dumps~er enclosure is needed. As previously discussed under item ~2 above, many of the existing mango ~rees on s~se will be preserved which will heavily shade the play areas and enhance the appearance of the site by providing ma~ure vegetation, rarely available ~o new projects. However, due to th~ density of the mobile home park and its associated activities, including a recreational vehicle hook-up area and suorage, and the noise anticipated from the day care center play areas, it is recommended Ehat a solid, continuous screen be provided along the north and east proper~y lines which abut the mobile home park. The chain link fence indicated on the plans could be slatted or substituted with a wood fence ~o achieve this purpose. Signs and proposed ex=erior lighting, with reference ~o glare, traffic safety, economic effect, and compatibility and harmony with adj ~cenc and nearby properties. The day care cenuer will be open until midnight to provide child care during after-school ~nd evening hours, The Police Departmenu has addressed the lack of traffic control devlces on the site plan uo safely identify the one-way traffic flo~ pattern proposed and the need for photocell-activated exterior lighting, particularly important due to the late hours of operation (see attached memorandum). In addition, light poles shall be shielded from adjacen~ residences uo the nor~h~ south and east to minimize glare from the parking lot lighting. With respect no slgnage, an entry wall sign is proposed uo identify the use. 7. Required setbacks and other open spaces. As a result of the Board of Adjustment denial of a 20 foot rear building setback, the rear setback has been increased so that all setbacks proposed meet the minzmum yards required by Code. With respec= uo open areas, no open areas are required except for the minimum 6,750 square foot (45 square feet per childl, outdoor play area required ~y the Department of Health ~nd Rehabilitative Services, which has been provided. 8. General compatibility with adjacent properties, and other properuies in the zoning district. As previously liscussed, the surrounding land uses include a mobile home park, an adult congregate living facility ACLFI and an apartment project, all of which are zoned R-3, Multi-family Residential. The proposed day care cenuer, with adequate Page 3 of ADDENDUM A PM No. 90-200 -4- July 3, 1990 iRevised August 8, 1990) buffering from the mobile home park ~nd shielded exmerior lighting uo minimize parking lot glare, would be ~enerally compatible with these adjacent residential uses. 9,. Height of buildings and structures,~with reference compatibility and harmony with adjacent and nearby properties, and the-City as The building height proposed is one story which ms compatible with the surrounding buildings. 10. Economic effects on adjacent properties and the City as a whole. It is not anticipated tha~ the proposed day care center will have an adverse impact on propermy values in the vicinity, or the Cmty as a whole. Currently, N.E, 4th Street dead ends a= the northwest corner of the property. It appears as though the southward extension of this unimproved stree= ms currently being used by ~respassers to enter the secluded mango grove that exits on site. There is also evidence of illegal lumping activity. Therefore, deve!opmen~ of the property will mos~ likely improve the overall appearance of the surrounding area and possibly reduce vandalism. Comprehensive Plan Policies: This request is consistent with all relevant policies contained within the 1989 Comprehensive Plan, if the attached staff commen~s are complied with. Conclusion/Recommendation: The fact that day care centers are a conditional use in the R-2, R-3, CBD, C-l, C-2, C-3 and C-4 zoning districts ~mplies that this ~ype of use would be suitable zn some locations (where satisfactory provisions can be made to mitigate any negative impacts zn order uo protect the health, safety and welfare of the community] and unsuitable au other locations. The proposed site plan, subject uo staff uomments, will safely and conveniently provide for sufficient parklng, ingress and egress, drop-off area, emergency access, pedestrian and vehicular circulation, exterior lighting and sanitation service as well as adequate utilities, landscaping and screenlng. In addition, the proposed day care center is generally compatible with, and will not have an adverse effect on, adjacent properties and is consistent with comprehensive plan policies. Therefore, the Planning Department recomraends that this request for conditional use approval be approved, subject uo the attached staff comments. Tambrl J. Heyden TJH:tjh Attachments A:9-SCUREP xc: Central File Page 4 of ADDENDUM A BUILDING DEPARTMENT MEMORANDUM NO 90-344 AUgUS~ S, [990 TO: Jlm Golden, Interim Planning Dlrector THRU: Don Jaeger, Building & Zoning DirectO~k/-- FROM: Michael E. Baaq, Zoning & Site Development Administrator RE: SITE PX~%N CONDITIONAL USE - NINE TO FI~;E DAY CARE CENTER upon review of the above meutioned projec5, the following list of comments muse be add2cessed in order to conform with the Boynton Beach City Codes: 1. Ail drawings and/or documents, submitted for public record and prepared by a design professional, shall show original legible raised seal and signature of a Florida registered design professional responsible for the drawings/documents. 2. Clarify the overall' height o~ the building; site data states thirty-eight feet (38') and elevation view drawings identifies twenty-eight feet two inches {28'2") 3. Identify on the plans the width of the landscape strip located South of th9 south, ingress accessway to the site 4. Provide a detailed plan view and full. seCtion view drawing of the dumpster enclosure and pad. Identify the tsrpe, size and color of the material proposed for the sides of the enclosure. Specify the size and type%of all required vertical and horizontal structural material and components for the enclosure walls and associated pad. Identify the overall height, width and length of the enclosure Show hen foot (10') clear minimum width of the enclosure opening (clear width to be measured inside of gate and pose material or meet with the Public Works Deparnment specifications for compacEor enclosure). Specif~ method of holding the enclosure gates in the open and closed positions. 5. Show on the site plan drawing the sidewalk that runs parallel to the public right-of-way aE the front of the 6. show on the plans the difference ~n elevation between the finish floor elevation and the level platform located at the handicapped accessible enErance door to the building. 7. Specify on the plans that the height of the wall/fence located along the perimeter of the property, between the west proper=y and the front building line will have $ maximum height of 4'0". 8. Provide a detailed section v~ew drawing of the wall/fence and pier. Identify the color of the s~ucco and picket railing, specify the size and type Df all required vertical and horizontal structural materials ~nd components associated with the wall/fence and p~ers. Specify the colors proposed for the wall sign. 9. The elevation drawings submitted for final sign-off must match ~n every respect the plans approved by the City Boards during the approval process of the project. The colors shown and identified on the approved drawings shall be shown and identified on the plans submitted for final sign-off Page 1 of ADDENDUM B Memo: Jim Golden RE: Nine to Five Day Care center August S, 1990 Page Three Show on the landscape plans the location and size of the line-of-site triangle at both ingresses/egresses to the site. State that the space between 30" and 72" withi~ the triangle will be unobstructed to allow cross- visibility so as not to create a traffic hazard. ll. Identify on the Klans the color of the fascia. 12. All site lighting must be photocell controlled. 13. Show on the plans the proper traffic control signs for the site. 14. I recommend not relocating Ficus aureus adjacen~ to asphalt surfaces because of its pogen~ial to damage parking area pavemen=~ instead provide a different Rind of tree. 15. Provide the native species computation for the landscape material. Mango trees are not native, In order to facilitate the permitting process, the ~ollQwlng information should be included with your documenEs submitted to the Building Department for review and permitting: All slgnage must comply with the requirements of the sign code. Maximum square ~rontage of sign shall nor exceed (32') square feet. MEH:mea NINETFIV.$DD Page 2 of ADDENDUM B MEMORANDUM Utilities #90-475 TO: Jim Golden Interim Planning Dire.~t~r FROM: John A. Guidr¥ ~,.~/~ Director of U{llities"\~ ~. DATE: August 6, 1990 SUBJECT: TnB Review - Nine to Five Day Care (resubmittal) We can approve this project subject to the following conditions: Developer shall not construct a wall adjacent to the proposed City lift station until City completes construc- tion of the lift station in late 1990. 2. Black iron pipe not allowed on backflow preventer. 3. Irrigation is not to be supplied by City water. 4 o Deed preparation and title to 30' square lift station site is to be supplied by owner. Owner must also apply to the City Clerk's Office for request of abandonment of existing easement. Owner shall coordinate landscaping so as not to interfere with the water or sanitary services. , As an alternate to the roadway cut for the 2" service, the developer ~ay consider connecting to the 6" line to the fire hydran~ before the valve. Polyethylene service pipe may then be used. If service is run under pavements, then K copper pipe is required. 7. Developer will allow the City to connect to his wall adjacent to the lift station, if the City so elects. dmt bc: Michael Kazunas TO: THRU: FROM: DATE: SUBJECT: Please be advissd of ~he following Planning EeparumanE commenus with respect ~o the 5bove-rafer~hced requast for conditional uae approval: Page 1 of ADDENDLI~ D ~ PLANNING DEPARTi{ENT 14EMORAllDU}~ NO. 90-202 TJH k: 9-SSTCOM Page~2 of ADDENDtI~I D COMMUNITY IMPROVEME~T DEPARTMENT MEMORANDUM DATE: August 9, 1990 TO: Jim Golden. Iuterim City Planner. Johnnetta Broomfield, Director',~ FROM: RE: TRB Comments: Nine to Five Day Care Please be advised of the following regarding the above: 1) 2) Ingress/E~ress_ Site plan should specify that the wes5eru driveway and drop off area shonld be designated one way an effort to provide for pedestrian safety and smooth traffic flow and control. Sectiol] ll.2-D1, Chapter 19-17[e) 4) 5) Screening, Buffering and Landscapmnq Section 11.2. Chapter 19-21 .Lift station and dumpster site should be landscaped around exterior walls Underbrush in mango area shall be cleaned out and properly mulched to accommodate playgrouud area and open space Submit tree maintenance plan which indicates required maintenance of landscape and mango trees, type of replacement tree for dead mango trees, chemical treatment of mango trees, and also name entity responsible for maintenance of the same. .Playground and Openspace Area {eastern side of facility) Submit site pla.] for recreational equipment which ,includes type of equipment, construction of equipment and locati~o~] equipment in relation to mango tree locations prior to permittipg. Section 11.2 - D7 General Com~atibilitv_ .Daycare facility and site 'shonld be designed and color-coordinated as to show resemblance and show compatibility with the Hamlet Apartment units. Section 11.2 - D8 Obtain Necessary ~RS Approvals - for development of Daycare Facility prior to permitting Sign should comply with City's Sign Code. Section 21-14 - C2 Page 1 of ADDENDIIVI E Page 2 TRB Comments Nine to Five Daycare - 8/9/90 6) DumlAster should be ~-elocated to the o~iginal site corner cf parking lot) for tile ~ollowing reasons: Esthetics '= ?or to detract from tile appearance o~ the front of pl-oper ty Dumpster is located to close to t. he playground ares · ©doff from tile dumpster ares may be tnlpleasant to C~ll±erel] a~ld ,'ta~f ill the play area and also to parents and guest visiting tile center. Pedestrian Safety .The ~ront of the facility is the area most frequently trafficked by the parent and their children (drop off area'. Tile relocation of the dumpster would lessen the possibility of fatal conflicts between refuse~ automobiles and pedestrians (especially children). 7) 9) 10) ~B:kc Loading Zone is not marked on the site Site Data - {AS-i) should be updated to for the ii,ne to F~ve Daycare Facility. plan. reflect site plan Sign and fence elevations not included; site plan should indicane locations, heights, lighting, and type of materials used. It appears that the square footage of the facility has decreased. Though this is not a code requirement, efforts should be made to increase the size of the facility. A possible area for the increase ~n size is to square-off tile southwestern corner of the facility. Page 2 of ADDENDUM E PLANNING DEPARTMENT MEMORANDUM NO. ]C-2S0 3hairman and Members Planning and Zonzng Eoard THRU: James J, Golden Interim Planning Director PROM: Tambri J. Heyden Assistant City Planner DATE: August 7, 1990 SUBJECT: Pop's Sea Grill Parking LO5 Variance File NO. 520 Please be advised of the Planning Department's commenns with respec~ to the 5bove-reference~ request for a parklng lot varzance to section 5-142{ls(2) of Article X - Parking Lots. Section 5-145 of Article X - Parking Lots [copy attachedJ stares ~hat ~'Varlances may be granted only when the granting Df same will nor be contrary Lo the public ~nnerest, and where, owing 5o special condltlons, ~ literal enforcement of the provisions of th~s article would result zn ~n unnecessary hardship, not created by mhe applicant or his predecessor zn ~itle, use or pcssesslon". It also sta~es that before s variance is granted, the Planning and Zonlng Board shall make findings "that the granting cf the variance will be in harmony with the ~eneral lnmen~ and purpose of ~his article, will not be in~urmcus 5o the neighborhood, or otherwise detr!mental to the public welfare". With this zn mind. I offer the following commenrs for considers~zon: . The purpose of the requested variance zs ~o increase the seaming capacity of the proposed Pop's See Grill resKauran~ ' formerly known as Chicken Unllml~ed~ from 62 sears 5o 72 seats by adding four park!ng spaces which cannot meet the intent of The Parking Lot Regulations with respec~ manueverlng and access. These four spaces are proposed ro back our into a private right-of-way known as S.E. 20th Avenue Denial of this variance would ~%ot render mhis building unusable and it zs arguable that ~ranulng this varzance will confer on the applicant a special privilege that is denied To other lands and structures in the 2mty. 2. The land uses To the wesr of the sub[oct property include The HaTeras recital apartment pro3ect ef approximately 63 units~ approximately 2.5 acres of vacant land z~ned Multi-family Residential, allowing a maximum of I0.S units per acre, ~nd approximately 20 homes (a mixture of single family ho~es and duplexes), zoned R-3, in the vicinity of S.E. 20~h Court which has access to Federal Highway only from a iDcal street network including S.E 21st Avenue the south and S.E. 20th Avenue the road into which the four ~ew parking spaces will back) 5o the noruh. Therefore. traffic generated by a max!mum of 110 units can be expected am build out of the neighborhood =o the west of the proposed restauranT, using S.E. 20th Avenue. There will be limited visibility, due to the location cf four parking spaces bebind the restauran~ buildii]g see attached SlTe plan), of vehicles 5urnlng onto S.E. 20th Avenue from Federal Highway and of vehicles backing out from these s~sces onto S.E. 20tl~ Avenue. A van <r small tuuck parked in one of the eastern mosz spaces behind the ouitding ~;hile s car ~rked nexu to the va]] or 5ruck attempting co back ou~ onto S.E. 20th Avenue will a:.:acetbaue this visibility p~oblem. The distance between the ~riveway am the sc%~thwes5 corner ct the site and the four new parking spaces ms only 40 feet. Vehicles puillng our of the firiveway onto S.E. 20th Avenue Page 1 of ADDENDUM F PLANNIi~G DEPARTMENT MEMORAMDUM NO. 90-2~0 TO: Chairman and lfembers, ?lannin¢3 and Zoning Board SUBJ: Pep s sea Grill P~rking Lot Varlallce DATE: AUg!~S5 7. 199f an~ vehicles backing ou5 onno B.E. 20th Avenue from tile parking spaces, witllin this short distance, creames a traffic problem. In summary, mt ms questmonabte whether the necessity for such a small zncrease ~l sealing capacm5¥ outweighs the risks to the public whicl~ are associated with promoting the traffic movements described above and whether a hardship exists. Tambri J. ~yden tin Attachments A:Pep'sPLV xc: Central File Page 2 of ADDENDUM F BUILDING DEPARTMENT MEMORDdkiDUM NO. 90-314 AUgUSt 6, 1990 TO: THRU: PROM: RE: Jlm Golden, Interim Planning D~ec~or Michael E. Haag, Zoning & Site D~elopment Administrator SIGN PROGP~H - (PCD) SHOPPES OF WOOLBRIGHT Upon revlew of the above mentioned project, the following list of comments must be addressed in order to conform with the Boynton Beach sign ordinance. Reduce the size of Pylon Sign "A" to conform with the size requirements of the Sign Code Pylon sign "A" exceeds the 80 square foot maximum allowed by 51,75 square feet. Indicate the setbacks distance from the leading edge of the sign to two adjacent property lines. Reduce the size of Pylon Sign "B" to conform with the size and height requirements of the sign code. Pylon sign "B" exceeds the 80 square foot maximum by 90 square feet, also this sign is twenty (20) feet taller than allowed. Indicate the setbacks distance from the leading edge of the sign to two adjacent property lines. 3. Reduce the size of the wall signage for the Home Depot to conform with the size requirements of the Sign Code. Proposed wall signage for the Home Depot tenant is 720 square feet, that would be 656 square feet over the 64 square foot maximum allowed by the code. 4. Free standing or Pylon sign may identify the project title or one main use only. Remove advertisement other than project title or one main use from both Pylon signs. 5. The sign drawings submitted w-ith the plans for final sign-off shall match in every respect the drawings approved by the City Boards during the approval process of the sign program. All sign material and supporting surucsure shall have the colors by name, color number, and manufacturers name ide~tified on the drawings. 6. Please be advised that the code requirements and guidelines for signs erected under sign programs in planned districts, are to set forth general guidelines for the size, height, location and setbacks, and to establish continuity for signs in these planned districts. These guidelines allow for flexibiliEy with respect to tSrpe, color, number, location (exclusive of se5 backs) and design of signs. Furthermore, signs in this planned district may have more restrittive size, height, and setback guidelines imposed, depending upon the specific condition of the planned district. (See attached excerpt from the Sign Code ISection 21-14 (4)]. ael E. HaaG Attachment shopofwo.sdd PLANNING DEPARTMENT MEMORANDUM NO. 90-259 TO: chairman and Members Planning and Zoning Board THRU: James J. Golden Interim Planning Director~' FROM: Tambri J. Heyden Assistant City Planner DATE: August 7, 1990 SUBJECT: Shoppes of Woolbright File No. 527 Site Plan Modification (signs) Please be advised of the Planning Department's commenEs with respect to the above-referenced request for a site plan modification for a sign program. Approval of the size, height, number and advertising of the freestanding signs and size of the Home Depot building (flat) signs is contingent upon approval of variances by the City Commission. The final sign-off set of drawings shall be revised to meet Section 21-14[M)(4) of the Sign Code for any variance not approved. Indicate all proposed signage colors. indicated for the freestanding signs. 21-14(M)(1) and (2). Not all colors are Chapter, Section 4 o Enlarge the Home Depot building elevations on sheet 2 of 3 and provide a scale or indicate the size of each building face as was done on sheet 3 of 3 for the retail store fronts. This information is needed to determine compliance with Chapter 21, Section 21-14(M)(4)(c). Specify the location and setback of the two freestanding, pylon signs using dimensions. These signs appear to conflict with utility easements, canal easements and required landscaping. Chapter 21, Section 21-14(M)(2)(c) and (4)(b). Changes subsequent to the approval of this sign program will require a future site plan modification under the current sign code. Chapter 21, Section 21-9 of tile Code of Ordinances. 6 o Revise page 2, item I9 of the site plan application to accurately reflect the cost of constructing the requested sign program. Tambri J. H~den tJh A:ShopWool xc: Central File ADDENDUM H