Loading...
LEGAL APPROVAL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA r 1 I APPLICANT: Blockbuster Video at Boynton Lakes Plaza APPLICANT'S AGENT: Will Sherrod of Anchor Awnina and Sian DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96 TYPE OF RELIEF SOUGHT: Reauestina appeal from Section 10.F Exterior Liahtino. 5 & 6 of the Community Desion Plan. Chapter 9 of the City's LOR to permit the installation of back-lit awninos around the elevations LOCATION OF PROPERTY: The Blockbuster Video buildina will be located on the last unbuilt outparcel at the center. between the Mobil Service station (Southeast corner of Conaress Avenue and Hypoluxo Road) and the Miami Sub buildina (northwest corner of Conoress Avenue and Plaza Lane). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1, Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appli~nt ..JL. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The ApPlicant's application for relief is hereby .:L GRANTED subject to the conditions marked as "include" in Exhibit "E" hereto. 3 DENIED 4, This Order shall take effect immediately upon issuance by the City Clerk, 5, All further development on the property shall be made in accordance with .. the terms and conditions of this order. 6, Other:--..JJCN~ r 'fill DATED: September 17, 1996 ~//V/Y"'.~~ . City erk s: d8llOrd. bbv 9/181ge ,-Uvt\ I IUI'I JVIMI BOY\~TON LAKf:.S PLAZA AND PLATTED OUTPARCEl pUO ,-ut: \ REC c R'IA~ f' ~ 'wi EXHIBIT "E" Conditions of Approval Project name: Blockbuster Video at Boynton Lakes Plaza File number: CDPA 96-001 Reference:The plans consist of 1 sheet, File # CDPA 96-001 with a July 24. 1996 Planning and Zoning Department date stamp marking, DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None DEVELOPMENT DEPARTMENT Comments: None PARKS AND RECREATION Comments: FORESTER/ENVIRONMENTALIST Comments: PLANNING AND ZONING Comments: 1, Incorporate a gable or mansard roof. / 2. Roof tiles compatible in design and color with the V roof tiles displayed on other structures within the shopping center shall be used. 3. Reduce the length of the awning on the front elevation by half and accentuate the building / entrance(s) with a feature similar to that used on the main building. 4, Remove the awnings from the side elevations and substitute with barrel tile roof tiles on varying roof .vI heights to cover the walkways. 5 , The color of the exterior walls shall match the color / I of the existing structures in the shopping center. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. NONE ADDITIONAL CITY COMMISSION CONDITIONS 7. To be determined, TJH/dim c:BLKBSTR,WPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING 1. r1J' 2, 3, 4. s. 6, 7, 8, 9. \0. ""'" ~ , , :\1INUTES' . PLANNING .AND DEVELOP:\IE~T BOARD BOY~TO~ BEACH. FLORIDA OCTOBER 8. 1996 Motion Mr, Aguila moved to approve the minutes of the September 10. 1996 meeting, Mr, Wische seconded the motion, which carried 6-0, 5, COMMUNICATIONS AND ANNOUNCEMENTS A, Report from the Planning and Zoning Department 1, Final Disposition of Last Meeting's Agenda Items Ms, Heyden reported the following: . Blockbuster Video Community Design Plan Appeal - Approved by the City Commission, subject to all staff comments. . St. Joseph's Episcopal Church Conditional Use Approval - Approved by the City Commission, subject to all staff comments. . East Ridge PUD Rezoning - Postponed. The applicant is resubmitting plans. This item will be heard at the next meeting. . Woolbright Place Master Plan Modification - Ended with the Planning and Development Board making the final determination, . Riverwalk Shopping Center Community Design Plan Appeal - Approved by the City Commission, subject to all staff comments. . Boynton Beach Community Development Corporation Parking Lot Variance - This board recommended that all staff comments be deleted except comment 9, which required the applicant to reduce the width of the driveway from 27 feet to 20 feet. The City Commission concurred with that comment and also required the applicants to move the driveway as far south as possible, The applicants have done that, and they have been able to make the driveway work without the variance, They have been able to set it back 30 feet, as required by the Code. . Boynton Beach Community Development Corporation Major Site Plan Modification - Approved by the City Commission, subject to all staff comments and 2 -. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 maintaining the swale, she said she does not have the money to pay for the equipment or supplies needed to do that. City Manager Parker advised that over the years, the City issued permits for people who wanted to make the swales parking areas, The City will be ripping them up and putting in grass because as the neighborhoods have been built out, those areas are needed for drainage. The residents will only be charged to replace the asphalt or the cement in the driveway area, and they will be responsible for maintaining the grass area. Ms. Spencer asked if the driveway area will be damaged due to the ripping of the area. City Manager Parker advised that most of the driveways are low in the middle and were built concave. We are going to build them with a different slope so that the water will not sit in the driveway anymore and will funnel off into the grass area on the side in the swales. No one else wishing to speak, Mayor Taylor closed the Public Audience portio'1fof the agenda and declared a recess at 8:40 p,m.. The meeting resumed at 9:00 p.m. VIII. DEVELOPMENT PLANS Blockbuster Video Will Sherrod Anchor Awning & Signs Blockbuster Entertainment Boynton Lakes Plaza-southeast corner of Congress Avenue and Hypoluxo Road Community Design Plan Appeal - Request to appeal the Community Design Plan to allow back-lit awnings on a new outparcel building, Mr, Sherrod stated that the Planning and Development Board recommended approval of the backlit awnings subject to staff's recommendations. Mr, Sherrod agreed with staff's and the Planning and Development Board's recommendations. A. Project: Agent: Owner: Location: Description: Ms, Heyden stated that since Blockbuster Video's trademark is very important to them and is a make or break deal, and because we already. lost one tenant on this outparcel, shfr- processed this even though she did not receive any elevations. This is why the comments are structured as a tradeoff. In exchange for allowing the backlit awning, we are expecting that when the elevations and site plan come in, the elevation will contain these kinds of things, The applicant has a little reservation about the limitation on the extent of the 22 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 awnings, However, we agreed that when the elevations come in on the site plan level, we will discuss this again, No one in the audience wished to speak on this item, Motion Commissioner Titcomb moved to approve the Community Design Plan Appeal for Blockbuster. Commissioner Tillman seconded the motion, which carried 5-0. Location: Description: Riverwalk Shopping Center a/kla Causeway Square. Lee Starky Lee Starky Group Florida Boynton Investment, Inc. Robert Armstrong, President 1600 South Federal Highway Community Design Plan Appeal - Request to appeal aspects of the Community Design Plan applicable to a street front facade containing a drive-up window, to allow a reduction in the percent of window coverage and the omission of a pitched roof. 8, Project: Agent: Owner: The applicant was not present. Ms, Heyden stated that the Planning and Development Board unanimously recommended approval of this request, subject to all staff comments, and the applicant has agreed to all the comments. No one in the audience wished to address this item, Motion Commissioner Bradley moved to approve the Community Design Plan Appeal for Riverwalk Shopping Center, subject to all staff comments. Vice Mayor Jaskiewicz seconded the motion, MayorTaylor asked if there will be other opportunities to discuss landscaping on the side-- of the building, Ms. Heyden stated that this is the last time the City Commission will see this project. The next step is permitting, Mayor Taylor pointed out that when we changed this to allow drive through windows facing streets, we said we were going to be very strict on its appearance. He asked if staff is satisfied that this project will look good. 23 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1996 Mr, Aguila advised that at a Planning and Development Board meeting, approval of the driveway onto U,S. 1 was conditioned upon providing trees, hedges, and other landscaping improvements along U,S. 1. 3. Sunshine Square Shopping Center Chairman Dube advised that all the wheel stops in the Sunshine Square Shopping Center are missing from the interior of the parking lot. Ms. Heyden will have this checked out. However, she advised that the Director of Development is proposing some changes to the Land Development Regulations, and one of the changes is that the requirement for wheel stops be deleted. She stated that the City Commission approved Mervyn's without wheel stops to be consistent with the rest of the mall. It was felt that if you can eliminate them there, then we should get rid of the requirement. Mr, Aguila felt that it made sense not to require wheel stops at the mall; however, he hoped the Commission is not going to eliminate them altogether, He asked if the proposed changes to the Land Development Regulations will be brought before this board. Ms. Heyden advised that the board will be able to give their input probably after first reading. Vice Chairman Golden believes the mall does not have wheel stops because the County issued the original DO and did not require them. 6. OLD BUSINESS Community Design Appeal (Postponed from August 13,1996) 1. Project: Agent: Description: Blockbuster Video Will Sherrod Anchor Awning & Signs Blockbuster Entertainment Boynton Lakes Plaza-southeast corner of Congress Avenue and Hypoluxo Road Request to appeal the Community Design Plan to allow back-lit awnings on a new outparcel building, Owner: Location: Mr. Sherrod stated that Mike Haag advised him that based on the unity of title, any back-lit awnings in the shopping center would have to be the same color as the existing Miami Subs. However, there is a sign program for the Boynton Lakes Plaza to allow nationally registered tenants to erect their corporate signs with no color limitations. 3 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10,1996 Ms, Heyden stated that we have extended ourselves beyond what we normally would do to fill in some of the gaps with the information that we did not have in order to process this appeal. Staff realizes how important this kind of design feature is to Blockbuster when making a decision in locating on a particular piece of property. Staff did not receive many of the elevations that they normally would for this kind of a request. The elevations that were turned in did not indicate the colors of the walls, One of the conditions is that the color of the walls match the main shopping center. Mr. Sherrod stated that the elevations displayed this evening are conceptional and show a prototype building, The architect will come up with a different design, incorporating the gable roof, the barrel roof tiles, etc. His only question this evening is if Blockbuster can have blue back-lit awnings as opposed to aqua and pink back-lit awnings. Ms. Heyden agreed to the color of the awnings provided all five of the comments are complied with when the elevations are redesigned, The comments also include reducing the amount of the awnings. . Vice Chairman Golden asked why the applicant is coming before the Planning and Development Board now when they have to return to show the board the whole project. Ms, Heyden explained that the applicant did not want to go through the expense of doing full blown site plan elevations until they had this key question answered, It seemed to Mr. Reed that since the regulations already allow what the applicant is requesting, that the applicant did not have to come before this board. However, Ms, Heyden advised him that the Community Design Plan does not allow back-lit awnings, The size of the sign seemed disproportionately large to Mr. Aguila. He asked if it falls within the guidelines of the sign ordinance. Mr. Sherrod advised that the code allows the sign to be 1.5 times the building frontage of the main entrance to the entire building. Mr, Aguila pointed out that many places in the City have back-lit awnings. Ms. Heyden stated that the latest Community Design Plan has only been in effect for about a year, The previous Community Design Plan did not deal specifically with elimination. The Sign Code contains language which addresses back-lit awnings being used as signage and has been interpreted differently by the various administrators. We are not trying to prohibit them; however, we are trying to regulate them, Vice Chairman Golden pointed out that the issue is back-lit awnings, yet the comments cover other issues also. He wondered if we make the recommendation subject to staff 4 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SE PTEMBER 10, 1996 comments if we are going to limit ourselves when we see the entire building in the future. Ms, Heyden stated that she is looking at this as a tradeoff. These comments are what she feels are necessary to minimize the amount of the awnings, They are extensive, They are the prime feature of the building, There is no other feature on the building right now, except the awnings, She felt the two have to go hand in hand. She would not support the awning issue without these conditions. Motion Mr, Aguila moved to approve the request to appeal the Community Design Plan to allow back-lit awnings on a new outparcel building, subject to staff comments and recommendations, for Blockbuster Video at Boynton Lakes Plaza, Mr. Wische seconded the motion. Vice Chairman Golden wondered if we should put a stipulation on the recommend~tion subject to agreeing that we may have to deviate from some of the items when we see the entire package, Mr. Aguila felt we are going to see a totally different building, He said the applicant is already aware of some of the conditions, and we will probably only have to deal with the color of the building, the accents, and the size of the sign, The motion carried 5-1. Mr. Elsner cast the dissenting vote, 7. NEW BUSINESS A. Public Hearing Conditional Use 1. Project: Agent: Owner: Location: Description: St. Joseph's Episcopal Church Jerome F, Milord St. Joseph's Episcopal Church 3300 South Seacrest Boulevard Request for conditional use approval for construction of a 1 ,878 square foot addition to Building No.5 to include a new classroom, a covered walkway and a washroom facility in the St. Joseph's Episcopal Church and School complex, 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 13, 1996 whatever point they submit a package; 2, Item #22 - To flip the row of parking next to the Walgreen's as discussed; 3. Item #27 . Delete 4. Item #29 . Delete 5, Item #46 - Delete the first part of the comment, but keep the second part which reads, "It is further recommended that, if a redesign of the site would result in the omission of the driveway ~ocated on Old Boynton Road, that the removal of the driveway not require an application for a master plan modification," Ms. Frazier seconded the motion, Mr. Aguila asked if Vice Chairman Golden would consider the two items he suggested earlier regarding the approximate 300 linear feet of wall on the west side of "Sports Authority" along Winchester Park Boulevard to shield the loading area, with appropriate foundation plantings; and the additional landscaping, Vice Chairman Golden shared these concerns, but feels they can be dealt with at the time of site plan. Chairman Dube acknowledged the presence in the audience of Commissioner and Mrs, Bradley, The motion carried 7-0, For Ms. Heyden's edification, Mr, Aguila advised that his recommendation relative to Comment #22 is to flip the 13 parking spaces on the west side of Walgreen's so that they do not back out into the drive aisle, CHAIRMAN DUBE P01NTED OUT THAT THIS WAS A PUBLIC HEARING, BUT THERE WAS NO ONE FROM THE PUBLIC PRESENT IN THE AUDIENCE TO COMMENT. B. APPEALS Community Deslan Plan ADDSal Blockbuster Video Will Sherrod Anchor Awning & Signs Blockbuster Entertainment Boynton Lakes Plaza - southeast comer of Congress Avenue and Hypoluxo Road Request to appeal the Community Design Plan to allow back-lit awnings. Chairman Dube announced that the board received a request to postpone this application until the September 10,1996 meeting, 1. Project Name: Agent: Owner: Location: Description: 8