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Minutes 05-17-97 MINUTES OF THE BOARD OF ZONING APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, MARCH 17, 1997, AT 7:00 P.M. PRESENT Patti Hammer, Chairwoman Mike Pawelczyk, Asst. City Attorney James Miriana, Vice Chairman Tambri Heyden, Director of Planning Agnes Hollingshead & Zoning Howard Rappoport Jerzy Lewicki, Assistant Planner Ben Uleck ABSENT Herman Gold 1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairwoman Hammer called the meeting to order at 7:02 p.m., and introduced the board members. 2. APPROVAL OF AGENDA Mr. Rappoport moved to approve the agenda as presented. Ms. Hollingshead seconded the motion which carried unanimously. 3. APPROVAL OF MINUTES Ms. Hollingshead moved approval of the minutes as stated. Mr. Rappoport seconded the motion which carried unanimously. 4.COMMUNICATIONS AND ANNOUNCEMENTS None 5.OLD BUSINESS None 6. NEW BUSINESS PUBLIC HEARING Case No. 231 Project: Hampton Inn at Quantum Park Location: Northwest corner of the E-4 Canal and Gateway Boulevard Owner: Quantum Associates Requested Variance: Relief from Section 7.H.4, Chapter 2 - Zoning of the Land Development Regulations for an increase in density from the allowable twenty (20) units per acre to thirty (30) units per acre MEETING MINUTES BOARD OF ZONING APPEALS MARCH 17,1997 BOYNTON BEACH, FLORIDA Chip CarlSon, representing Boynton Hospitality, Inc., the contract purchaser of the property, and George White, the architect, were present. Immediately west of this property is a Water Management tract which is 4+ acres. This tract of land will never be developed. To the west of that tract is the Shoppes of Boynton. To the east is a 150' wide canal easement that will never be used. The applicant is proposing an increase in density which is supported by the openness on both sides of the property. The density needed is 107 units. This facility is intended to cater to the Motorola plant to the south, and to Quantum Park as it is developed. Vacant Lot #2 is located immediately to the north, and Motorola and their day care center is located to the south. The height of the . ?~. building will be 45' which is in accordance with the Land Development Regulations. This will be a four-story facility. There will be no lounge, restaurant or large meeting rooms in this facility. This will be a business-oriented hotel. Parking requirements will be met entirely on site. The applicant is reserving an area to the east of the faci ity for a possible future restaurant use. The restaurant will not be proposed until the owner of Quantum Associates brings forth an amendment to the DRI to allow a restaurant on the site. Jerzy Lewicki, Assistant Planner, advised that staff has no concerns with this request. Vice Chairman Miriana pointed out that the density is greater than what is allowable. This is a PID and Quantum Park was created as a special taxing district. In his opin on, this proposed facility is a motel -- not a hotel. Mr. Carlson advised that the Code defines a hotel as having internal access. A motel is a facility with access that is external to each room. This proposed facility is a hotel. It does not have convention facilities or a lounge, but it is a limited-service hotel. Ms. Heyden explained that the staff report clarified the differences between a hotel and a motel. By our zoning code definitions, the only thing that distinguishes the two is the entrances. A hotel does not have separate entrances to the rooms from outside. Typically, hotels have facilities such as conference space, meeting rooms, etc. This facility will not provide those amenities. In addition, the master plan for Quantum Park shows a couple of lots with this hotel designation. The City .... always envisioned that Quantum Park would need and attract hotel use. There is another parcel in the Park on the comer of High Ridge Road and Gateway Boulevard that is slated for a hotel use. Ms. Heyden originally had a concern that if this proposed project was approved with the increased density, the remaining parcel would not be able to attract the upscale type of hotel we would like .... ~n the Park. However, these will be two different types of hotels, and MS. Heyden does not believe they will compete against one another. Vice Chairman Miriana reiterated that in his opinion, this is not a hotel. In addition, he is concerned because this is a special taxing district. Ms. Hollingshead confirmed with Mr. Carlson that this proposed facility is the type of structure which would be considered a business hotel. This is not meant to be a resort facility. It is geared .... toward business and professional travelers coming to this area. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MARCH 17,1997 Motion Ms. Hollingshead moved to GRANT the variance as requested and as stated in the petition. Mr. Rappoport seconded the motion. A roll call vote was polled. The vote was 4-1. (Vice Chairman Miriana dissented.) Case No. 232 Project: Pete Rose Cafe at Catalina Centre Location: Northwest corner of Congress Avenue and the C-16 Boynton Canal Owner: Walboyn Development Corporation Requested Variance: Variance to Article IV, Section 2.B of Chapter 21 of the City's Land Development Regulations to allow an additional freestanding sign. Alan Ciklin, representing Pete Rose's Restaurant, was present. Mr. Ciklin advised that Pete Rose's is a very popular restaurant which presently exists in West Boca Raton. This will be the second Pete Rose's restaurant which will benefit the commercial area and the City. This restaurant is currently being built in the restaurant that was part of the Holiday Inn-Catalina. Because this restaurant was once part of the hotel, the entrance is in excess of 200' from Congress Avenue. The only existing signage is over the door. The Sign Code allows for only one freestanding sign per site. When you drive by this area, there is a freestanding sign which advertises the Holiday Inn. The Sign Code provides for a variance procedure to permit an increase in the number of signs when the topography prevents allowable signage from adequately identifying business on the property. This restaurant curves west. In addition, there is a parking lot containing approximately 85 spaces between the front of restaurant and Congress Avenue. It is very difficult and dangerous to try to see the front of the restaurant. (Mr. Ciklin described the difficulty involved in trying to see the restaurant regardless of the direction you are travelling.) Mr. Ciklin explained that the reason the applicant is requesting this variance is to allow patrons to see the location of the restaurant without having to slow down, make quick turns, or make wrong turns and have to backtrack. This situation can be remedied by having one additional sign in the vicinity of the Holiday Inn sign which will identify Pete Rose's Ballpark Cafe. The proposed s~gn which is 13'-3" in height and 40 square feet is less than what is allowed by the Code. It is also less than the Holiday Inn sign wh ch currently exists on site, and less than the main shopping center sign which currently exists on site. None of the other major restaurants in this Centre has this problem because they are all located toward Congress Avenue. All of those restaurants can be seen from Congress Avenue. Pete Rose's is a great place with a national reputation. It has been one of the most successful restaurants of its kind over the last six years. Because of the shape of the property, it is difficult to safely identify and access the property. In the applicant's opinion, the proposed sign is compatible with the other signage in the area. The staff report indicates that the proposed sign is in a utility easement. If the board approves this MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MARCH 17,1997 request, the applicant suggests that the motion include one of the following recommendations: 1. That th e applicant move the sign out of the utility easement; or 2. that the utility provider allow the applicant, in writing, to maintain the sign within the utility easement. This is done in many cases, but the utility provider usually requires a removal agreement. This allows use of the utility easement area by the applicant only if that applicant agrees to remove the sign at his/her own expense if anything has to be done in the utility easement. Tom McMurrian was present to represent the property owner, and Sumner Gottlieb, with Signcraft, was present to answer any questions relative to the sign structure. Mr. Ciklin displayed a rendering of the proposed sign for review by the board members. In response to Mr. Rappoport's question, Mr. Gottlieb advised that the sign will be a two-face sign thatilluminated.Will be perpendicular to Congress Avenue. The sign on the tower is a neon-type sign that is Chairwoman Hammer inquired as to the number of signs that will be put in place for this business. Mr. McMurrian used the overhead projector to show the location of the property and the placement of the signs. There will be a small monument sign in the "V" shaped area in front of the hotel: There will be a sign that faces the Macaroni Grill, and a tower sign. Mr. McMurrian advised that when this property was developed, the trees were put 20' apart rather than 40' apart. Because of this, visibility has been reduced. It has been necessary to trim the trees up to show the retail stores. Mr. Lewicki explained that the only thing staff would like resolved is the location of the sign outside of any easements to eliminate the City's potential liability in the future for conflict with utility lines. Either one of the solutions proposed by the petitioner would be acceptable to staff. To eliminate any confusion by the members relative to the location of the signs, Ms. Heyden used the overhead projection to point out the location. Ms. Hollingshead expressed concern over staff's concern about the placement of the sign in the utility easement. She questioned whether staff would have a problem with a removal agreement. Ms. Heyden advised that a removal agreement would be acceptable. Vice Chairman Miriana pointed out that if the petitioner places the sign in the easement, it will be closer to the roadway. Mr. Ciklin advised that the petitioner meets the setback requirement. He further advised that if the utility does not agree, the petitioner will move the sign out of the easement. In addition, Ms. Heyden advised that the 20' utility easement runs along Congress Avenue on the 4 MEETING MINUTES BOARD OF ZONING APPEALS MARCH 17,1997 BOYNTON BEACH, FLORIDA west side. Our sign setback requirement is 10'. Mr. Uleck said he spent seven or eight months on the Sign Committee and Code Committee. He feels the location the petitioner has selected is a good place for this sign. Ms. Hollingshead questioned whether staff had any additional conditions to recommend. For the board's edification, Ms. Heyden advised that the board has the authority to grant additional freestanding signs. That authority can extend to allowing any size, type or location of the sign. By the same token, the board does not have to approve the exact size and design submitted by the applicant. She explained that she visited the site. There are a lot of trees on the property and visibility from the road to the restaurant is obstructed with landscaping. Motion Vice Chairman Miriana moved to GRANT the variance to Article IV Section 2.B of Chapter 21 of the City's Land Development Regulations to permit an additional freestanding sign on the property (13'-3" s~gn approximately 40 square feet) provided that the sign is placed outside any utility easements or that the applicant obtains removal agreements with all utilities and provide that information to the City's Planning Department. Mr. Uleck seconded the motion which carried unanimously. 7. OTHER BUSINESS None 8. COMMENTS BY MEMBERS None 9.ADJOURNMENT There being no further business to come before the Board of Zoning Appeals, Ms. Hollingshead r ~ moved to adjourn the meeting at 7:45 p.m. Mr. Rappoport seconded the motion which carried unanimously. ~,~net M. Prainito Recording Secretary (One Tape) Prepared by: Michael J. Pawelczyk, Esq. Assistant City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No. 231 Project: Hampton Inn at Quantum Park Location: Northwest corner of the E-4 Canal and Gateway Boulevard Owner: Quantum Associates Requested Variance: Relief from Section 7.H.4., Chapter 2 - Zoning of the Land Development Regulations for an increase in density from the allowable twenty (20) units per acre to thirty (30) units per acre. IT IS ORDERED THAT: The request for variance of Har~t~mt~t )uantur~ Park for relief from the City of Boynton Beach Land Develbpment~ ati~:~, ~h,~,apter 2- Zoning, Section · Pat' Hammer, Chairwoman ATTEST: -- Cit~Clerk Prepared by: Michael J. Pawelczyk, Esq. Assistant City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No. 232 Project: Pete Rose Caf6 at Catalina Centre Location: Northwest corner of Congress Avenue and the C-16 Boynton Canal Owner: Walboyn Development Corporation Requested Variance: Variance to Article IV, Section 2.B. of Chapter 21 of the City's Land Development Regulations to allow an additional freestanding sign on the property. The Appellant, through their attorney, Alan Ciklin, appeared before the Board of Zoning Appeals on March 17, 1997 anti requestect a variance to Article IV, Section 2. B. of Chapter 21 of the City's Land Development Regulations to allow an additional freestanding sign on the property. Based on the testimony of Alan Ciklin, the Board finds that a basis for relief has been established. Accordingly, IT IS ORDERED THAT: The request for variance of Pete Rose Caf6 at Catalina Centre for Variance to Article IV, Section 2B. of Chapter 21 of the City's Land Development Regulations to allow an additional freestanding sign on the property (13'-3" sign approximately 40 square feet), is rg.EaoJ~d, provided hat the outside any utility easements or tl~t the ap~liccnt ob.?, '~s sign is placed with all utilities and provide that information t.~h~e C/i~:~i removal agreements ~atti~mer, bl~ai~oman AT~EST: . Cit~Clerk ~