LEGAL APPROVAL
tJJU City of
'Boynton 'Beacli
"'-vY~'
100 'E. tJ30gntan tJ3eac1i tJ30ukvari
P.O. tJ3~310
tJ30yntan tJ3eac1i, 1'foridiz.33425-0310
City !J{afl: (561) 375-6000
1'5'lX: (561) 375-6090
February 12, 1997
Mr. Stephen M. Page
Nichols/Page Design Association, Inc.
5601 Powerline Road, Suite 303
Ft. Lauderdale, Florida 33309
Re:
File No.:
Location:
Dear Mr. Page,
Blockbuster Video at Boynton Lakes Plaza
NWSP 96-013
Southeast comer of Congress A venue and Hypoluxo Road
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request for site plan approval.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
?L-.A/. 1 ;/
Jt,_L-, ~r
Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:dar
Attachment
xc: Central File
Fro-Con Development Corporation
D:\SHARE\ WP\PROJECTS\BLOCKBUS\DEVELORD,WPD
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORID
APPLICANT:
Bovnton Lakes Plaza Partnership c/o
Fru-Con Develooment Corporation (Blockbuster Video
at Bovnton lakes Plaza)
APPLICANT'S AGENT: Stephen M. Pace, Nichols/Pace Desicn Associates, Inc..
DATE OF HEARING BEFORE CITY COMMISSION: 1/21/97
TYPE OF RELIEF SOUGHT: Reauestina Site Plan Approval to construct a 5.500
SQuare foot video store on a .765 acres leased outparcel within the Bovnton Lakes
Plaza
LOCATION OF PROPERTY: Southeast corner of Conaress Avenue and Hvooluxo
Road.
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 ~he applicant and heard testimony from the
applicant, members of city administrative staff and the public finds as follows:
1. Application for the relisf sought was made by the Applicant in a manner
consistent with the requirements of the City's land Development Regulations.
2.
The App~cant
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant,
administrative staff, or suggested by the public and supported by substantial competent
evidence are as set forth on Exhibit "D" with the notation "Included".
4. The Applicant's application for relief is hereby
I GRANTED subject to the conditions referenced in paragraph 3
hereof.
-
W'
,.""
DENIED
\. ~.:,' ~>
,5. v'' This O~der shall take effect immediately upon issuance by the City Clerk.
...~
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\....-.~t, 'p. "j All further development on the property shall be made in accordance with
the~rms and conditions of this order.
-,-
--
6. Other:
DATED: Januarv 21.1997
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MEETING MINUTES
PLANNING & DEVELOPMEN r BOARD
BOYNTON BEACH, FLORIDA
JANUARY 14, 1997
7. NEW BUSINESS:
A. SITE PLANS
New Site Plan
Blockbuster Video At Boynton Lakes Plaza
Stephen M. Page
Nichols/Page Design Associates, Inc.
Boynton Lakes Plaza Partnership c/o
FRU-CON Development Corporation
Southeast corner of Congress Avenue and Hypoluxo Road
Request for site plan approval to construct a 5,500 square foot video
store on a .765 acre leased outparcel within the Boynton Lakes Plaza.
Mr. Lewicki advised that staff had no comments.
1.
Project:
Agent:
Owner:
Location:
Description:
Chairman Dube questioned whether the applicant had an opportunity to review the 34 conditions of approval.
SteDhen Paae. reDresentlna Blockbuster. responded affirmatively. Chairman Dube asked Mr. Page to
address only those conditions with which the applicant had objections or comments.
Mr. Page advised that the only outstanding issue relates to the material board. On a number of occasions,
Mr. Page attempted to review each of the comments. However, he was urged to review only the
objectionable conditions.
Mr. Page stated the applicant has an objection to Condition #24 which relates to the material board.
In response to Chairman Dube's question, Mr. Lewicki advised that staff has not yet seen the material board.
Ms. Heyden said staff will have to review the material board, and if there are comments, they will go forward
to the City Commission.
Chairman Oube referred to a comment from Development relative to a traffic study. However, in the body
of the letter, Ms. Heyden advises that the traffic study is not needed. He questioned why that comment was
not deleted. Ms. Heyden advised that she does not have the authority to remove that comment.
Vice Chairman Golden pointed out that in looking at the site plan, there is a misalignment where the access
aisles match up with the existing access aisles. He is concerned about conflicting turn movements between
the access aisles for Blockbuster and the ones across from it. He realizes that because of the configuration
of the building on this particular parcel, it would be very difficult to change things to rectify this situation. Mr.
Lewicki agreed that major alterations to the layout would be required. This issue was not brought up as
a discussion item at the TRC.
Mr. Wische questioned the reason why the gas station was left out. He explained that he would like to know
the traffic flow associated with that gas station to determine whether there will be a problem with what is
already existing. Chairman Dube explained that the lane going into the gas station on the north side (by the
restaurant) is closed. However, you can travel from the gas station into the parking lot. The south side is
open.
2
MEETING MINUTES
PLANNING & DEVELOPMENl SOARD
BOYNTON BEACH, FLORIDA
JANUARY 14, 1997
Ms. Heyden advised that at the time the shopping center site plan was approved, only one cross-access was
required with the Mobil Service Station. That is the access on the south side of the restaurant.
Vice Chairman Golden further pointed out that there is a car wash associated with the Mobil Service Station.
It would be very difficult to try to include a connector because it would conflict with the ingress and egress
of that car wash.
Chairman Dube acknowledged the presence in the audience of Mayor Taylor.
Motion
Vice Chairman Golden moved to recommend approval of the request for site plan approval for Boynton
Lakes Plaza to construct a 5,500 square foot video store on a .765 acre leased outparcel within the shopping
center, subject to all staff comments. Mr. Wische seconded the motion which carried unanimously.
5. COMMUNICATIONS AND ANNOUNCEMENlS
A. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications
Chairman Cube remarked about the copy quality of the first page of the report. He was unable to read his
copy. (Not all of the copies were of poor quality.) He requested that copies of this quality not be included
in the future.
Chairman Cube noticed on the report that there are a few items that have been on the report since April.
He questioned whether they can be declined and removed. Mr. Haag explained that some of these are old
files. The Planning and Zoning Department keeps them open because the Building Department still has an
open permit for them. The Planning and Zoning Department has no control over when the building permit
is closed or voided. Therefore, it remains an open item for Planning and Zoning.
Chairman Cube specifically referred to "Carabba's" and "RaceTrac". Both of these items refer to red neon.
Ms. Heyden explained that there are two scenarios where an open permit can remain on the books. Mr.
Haag explained one scenario. The other situation is that the Planning and Zoning Department can be in the
process of working with an applicant, and it sometimes takes a long period of time for an applicant to resolve
an issue. Also, there are times when comments have been provided by Planning and Zoning, but the
applicant has not come back to resolve the issue. Therefore, the record keeping remains open.
Chairman Dube pointed out that when a request is tumed down administratively, it moves to a review board
other than the Planning and Development Board. He has a concern about this because when a request is
not considered minor, it is forwarded to the Planning and Development Board. However, if it is turned down
administratively, it bypasses the Planning and Development Board and goes to another board. He realizes
that the reason for this procedure relates to a previous political battte. He feels this procedure should be
changed so that these requests come to the Planning and Development Board. The Commission is ready
to pass the Ordinance that relates to this procedure, and Chairman Dube feels the Planning and
Development Board should have the opportunity to review requests the Planning and Zoning Department
deny.
Ms. Heyden pointed out that there was only a brief discussion about this at the workshop meeting last week.
3
ADDITIONAL CONDITIONS FROM COMMISSION MEETING
1.
2.
3.
4.
5.
6.
7.
8.
9.
------------
..",
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EXHIBIT "0"
.."J
Conditions of Approval
Project name: Blockbuster Video
File number: NWSP 96"()13
Reference: The plans consist of 6 sheets identified as 1 st Review. New Site Plan. File #NWSP 96-013 with a
December 10. 1996 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
JF
UTILITIES
Comments:
1. A capacity reservation fee of $194,04 is now due, and must be paid within 30 days /
of site plan approval. (Sec. 26-34(E)), It is recommended that site plan approval
become void if payment is not received timely.
2. Palm trees will be the only tree species allowed within utilities easements. Canopy V
trees may be planted outside of the easement so that roots and branches will not
impact those utilities within the easement in the foreseeable future. (Sec. 7,5-18,1)
FIRE
.~
POLlCE
(', . t\!() t\! F=
DEVELOPMENT DEPARTMENT
Comments:
3, All plans submitted for specific permits shall meet the city's code requirements at time ../
of application. These permits include, but are not limited to, the following: site
lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices.
Permits required from agencies such as the FOOT, PBC, SFWMD and any other
permitting agencies shall be included with the permit request.
4. Revise documents to reflect all comments. ./'
5, Correct the name of the plaza to Boynton Lakes Plaza on all documents, Chap. 3, /
Art. IV, See, 3A, pg. 3-4.
6. Provide traffic impact analysis. Chap. 2. Sec. 9C4h(5), pg. 2-85 and Chap. 3, Sec. /
3S, pg. 3-5.
7. Provide certification by developer's engineer that drainage plan complies with all j
city codes and standards. Chap, 6, Art. V, See, SA, pg, 6-7 and Chap, 23, Art. \IF,
pg.23-8,
8. Align access paths from sidewalks with handicap accessible paths including stop r/
bars and signs. Chap. 23, Art. I, See, 1B5, pg, 23-1,
9. Parking lot dimensions, striping. aisles, stalls. radii, signs, landscaping, etc. must j
conform with city codes and standards. Chao. 23 Art. II DO, 23-6.
Page 2
Blockbuster Video
NWSP 96-013
DEPARTMENTS INCLUDE REJECT
10. Provide a satisfactory lighting plan including photometries and pole wind loading. V
Chap. 23, Art. IIA, pg. 23-6. .
11. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic V
Control Devices," Chap. 23, Art. 1182, pg, 23-7,
12. No trees shall be planted so as to interfere with lighting fixtures. Chap. 23, Art, IIAb, j
pg, 23-7,
13. Provide handicap ramp and sidewalk locations, Chap. 23, Art ilK, pg, 23-9, (DCA ./
Accessibility Requirements Manual).
14, All parking lots shall meet or exceed state handicap code requirements and comply /
with the standard building code and amendments thereto. Chap. 23, Art. ilK, pg.23-9.
15. Paint handicap pavement symbols white. Sheet 9 of FDOT Index 17346. I
16, Provide wheel stops in front of building, or 7 foot sidewalk with curb. .I
17, Provide at least one accessible route within the boundary of the site from public /
transportation stops, accessible parking spaces, passenger loading zones, if
provided, public streets or sidewalks to an accessible building entrance, 1994 Florida
Accessibility Code for Building Construction,
PARKS AND RECREATION
- , N()I
FORESTER/ENVIRONMENTALIST
- . I\Inf\u=
PLANNING AND ZONING
Comments:
18, Provide a note on the survey of the Blockbuster property contained in this submittal j
indicating that the survey describes a leased portion of the shopping center and does
not subdivide the property.
19. Provide a note on both the survey and site plan indicating that the property ownership /
cannot be transferred without approval by the City of Boynton Beach.
20. Any roof top equipment shall be screened from view at a distance of 600 feet. If such
equipment is planned, indicate its location and the height of the equipment above the
roof level. Provide elevations of the structure showing the roof top equipment and I
the required screening (all reduced to a small scale) and draw in on these elevations
the lines-of-sight connecting the highest point of the equipment with eye level from
a distance of 600 hundred feet from the building (LDR, Chapter 9, Section 11,E).
21. Provide vehicular traffic control markings on the pavement within the leased area V
as required by LDR, Chapter 4, Section 7,8,2.
22. Provide dumpster enclosure details. The dumpster enclosure shall meet the design /'
and landscaping standards as described in LDR, Chapter 9, Section 10.C. and
Chapter 7,5, Article II, Section 5,J. /
23, On the elevation drawings depict color code and manufacturer's name of all new J
exterior buildina materials and/or finishes.
Page 3
Blockbuster Video
NWSP 96-013
~
~
DEPARTMENTS INCLUDE REJECT
24. At the time of distributing this staff report, a presentation board containing samples j
of all exterior building materials to be used for construction was not received by staff
to review. It is recommended that the elevations go back before the Commission at
a later date for approval, prior to issuance of a building permit, if this board is not
submitted to staff for review prior to the Ja'nuary 21,1997 City Commission meeting.
25. On the site plan, show all setbacks as required by LOR, Chapter 4, Section 7,B.1. ,;
26, Eliminate discrepancies between:
. north and south elevations of the building with respect to roof overhang
projections J
exterior dimensions of the building on the site plan and on the floor plan
.
. window and door openings between the floor plan and elevations.
27, On both the site plan and floor plan, indicate the projection of the awning and false V
mansard roof.
28, Indicate the height of the structure on the elevations of the building, as required by V
LOR, Chapter 4, Section 7.0,1.
29. As previously approved (a Community Design Plan appeal) by the City Commission
and outlined in the Development Order dated September 17, 1996, the length of the V
awning on the front elevation of the building shall be further reduced to approximately
fifty percent of the originally proposed length (maximum of 28 feet).
30. Prior to issuance of the building permit, submit a copy of the drainage permit j
issued by the Lake Worth Drainage District.
31, It is recommended that in order to avoid monotony of highly visible building .;
elevations, provide a pattern of off-sets and/or control joints on the east, west and
north elevations of the building in combination with appropriate fenestration.
32. It is recommended that the 1993 exception to platting approval for this leased area I
~YnirA ::It timA nf::l . of "t"t""n",nt"v hpinn i!'::!':IIAn for '\Jirf~n
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
33, None
ADDITIONAL CITY COMMISSION CONDITIONS
34, To be determined.
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Engineers. Planners · Consultants
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SIM~ .ONS & WHITE, IN,--.
Decembe
Job No. 96-114
PLANNING AND
ING DEPT.
DRAINAGE STATEMENT
Proposed Blockbuster Video
Boynton Lakes Plaza
Southeast Corner of Hypoluxo Road and Congress Avenue
Boynton Beach, Florida
SITE DATA
The subject parcel is located in the west central area of Boynton
Lakes Plaza, and is known as Tract liB" (aka Outparcel No.2). It
contains approximately 0.75 acres.
The parcel is currently paved as shown on Attachment No.2. There
are no existing buildings on this parcel.
Proposed development is construction of a 5500 S.F. Blockbuster
Video Store, as shown on Attachment No.1, and slight modifications
to the pavement and curbs. For additional site information, please
refer to the site plan prepared by Nichols/Page Design Associates,
Inc.
SITE DRAINAGE
Boynton Beach Plaza is part of the overall Boynton Lakes P.U.D.
Water Management System and is included in South Florida Water
Management District Surface Water Management Permit No. 50-0556-S.
Runoff from Boynton Lakes Plaza is directed to on-site catch basins
by paved and/or grassed swales and outfalls to the Boynton Lakes
P.U.D. Lake System.
Tract liB" was permitted and constructed as shown on Attachment No.
2 with runoff sheet flowing to perimeter grass swales.
The difference in pervious/impervious areas between Attachment No.
2 (proposed) and Attachment No. 1 (existing) is negligible
(proposed development pervious area is slightly larger). The
proposed development is therefore in accordance with existing
drainage approvals/permits.
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (561) 965-9144
Drainage Statement
Job No. 96-114
December 4, 1996 - Page Two
SITE DRAINAGE (CONTINUED)
Proposed site work will include pavement modifications at the
building perimeter and sufficient openings in the proposed curb to
allow runoff to reach existing grassed swales.
No additional drainage permits or permit modifications appear
required.
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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 portiol1Jof the
agenda and declared a recess at 8:40 p.m.. The meeting resumed at 9:00 p.m.
VIII. DEVELOPMENT PLANS
4)
Description:
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.
A.
Project:
Agent:
Owner:
location:
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.
,-}f
k
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, she
- 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
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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.
: 'B.
Project:
Agent:
Rlverwalk Shopping Center a/kJa 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.
Owner:
Location:
Description:
'.
The applicant was not present. Ms. Heyden stated that the Planning and Oevelopment
Board unanimously recommended approval of this request, subject to all staff comments,
and the applicant has agreed to all the comments.
No Qne 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.
Mayor Taylor 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 Dubs 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
A. Community Design Appeal (Postponed from August 13,1996)
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.
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.
1.
Project:
Agent:
Owner:
Location:
Description:
3
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 10, 1996
"
.,.;
-i:-
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. '
.j(
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
if\- rcover other issues also. He wondered if we make the recommendation subject to staff
4
-
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 10, 1996
J:J- LQOmments 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
S1. 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 S1. Joseph's Episcopal Church and School
complex.
5
, MEETING MINUTES
- ~~-"~.:;-::" PLANNING & OEVELOPME' - 90ARO
t' ~,'" ',_t3..0VN.TON BEACH, FLORID""
AUGUST 13, 1996
~)
. Comprehensive Plan Text Amendment for Public Storage - The applicant
requested a postponement to the October City Commission meeting. However, the
City Commission decided not to honor the applicant's request, and took action on the
application. The application was denied. The applicant has submitted a request to
the City Manager's Office for reconsideration. There is no information available
relative to whether or not a reconsideration will be granted.
. Conditional Use and Parking Lot Variance for Riverwalk Shopping Center -
Both applications were approved subject to all Planning and Development Board
recommendations and staff comments that were not in conflict with the board's
recommendations.
. Site Plan for Healing for the Nations Church - This application was approved
subject to the board's recommendations.
Ms. Heyden reminded the members that at the last meeting, mention was made about the
landscaping at Tiffany's. Code Enforcement sent Tiffany's a courtesy violation on August 8 which
puts them on notice that the site must be brought up to the landscaping reflected on the most recent
site plan.
Mr. Aguila advised Ms. Heyden that all of the streetside landscaping is missing from the Atrium
Shopping Center on Federal Highway. He reminded her that the applicant was mandated to install
that landscaping when he came to the City to talk about building colors and opening the driveway .
on Federal Highway. Other than grass, the applicant has never installed a tree or hedge, Ms.
Heyden will investigate this situation.
Chairman Dube pointed out that although the board is spending a great deal of time on these types
of issues, it is time well spent because the present City Commission has been endorsing the board's
recommendations relative to landscaping.
)(
Ms. Heyden advised that Blockbuster has requested a postponement until the next meeting on
September 10.
Chairman Dube questioned why this application was received without a plan submittal. Ms. Heyden
advised that corporate identity means everything to Blockbuster. It is her opinion that prior to going
into the site plan process, they want to find out if they will be able to get their lighted awning.
Vice Chairman Golden suggested that this type of request be tied to the site plan approval process
so that an applicant cannot come in with an incomplete package.
Mr. Aguila did not have an objection to an applicant trying to "feel out" the board because if the
community is adamant on some of these standards, the applicants can then find another location.
We have dealt with many corporate identity applicants. Some of those applicants have changed
to our way of thinking, and others have moved on to other communities.
Ms. Heyden advised that she did not have a problem with the site plan submission not being
included. However, she would like to have seen more details on the elevations.
.
2
-
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 Dubs 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
A. Community Design Appeal (Postponed from August 13,1996)
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.
1.
Project:
Agent:
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
"
.,;
-i-
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. '
CVice 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
~ rcover other issues also. He wondered if we make the recommendation subject to staff
4
-
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 10, 1996
Ji/,- ~mments 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
WARNING TO OWNER:
"YOUR FAILURE TO RECORD A NOTICE OF COMi;"c:NCEMENT
MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,
Cr- ''''ULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RL A~D1NG YOUR NOTICE OF COMMENCEMENT."
~
CITY OF BOYNTON' ~ACH
BUILDING DEPAR11"'IENT
0),., .
.~
Date Applied:
8/11/93
NOTICE
IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE
TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY AND THERE MAY
BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT
DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES,
lrmit Type:
:RRIGATION
Prepared By:
CORLE
Date Issued:
11/16/93
Permit No,;
9300003663
City Range Twnshp. Section Sub Dvsn, Block Lot Plat/Book/Page
08 +3- 40S 06 00 000 3010 BOOK 48 PAGE 196
roperty Address Zoning Reviewed by
.
40740 N CONGRESS AVE C3 WW'D
ubdivision Name Legal Address
vV 8-45-43. TH PT OF NW 1/4 OF
wner's Name/ Addres;>/Telephone Contractor's Name/ Address/license/Telephone
SOYNTON LAKES PLAZA PARTNERSHI TROPICARE
15933 CLAYTON ROAD 9369 GETTYSBURG RD
a.;LLWIN MO 63022 BOCA RATON FI.. 33434-
~' 391-6700 407 488-1241
-
dditional Description General! Architect! Engi neer
'EilfMIT:
Construction BFE FFE FLZ
Occupancy Sq.Ft. Valuation Improvements
70.880 IRRIGATION SYSTEM
credule of Fees
· THIS PERMIT FEE IS NOT REFUNDABLE ~
%***k*k**~******~***************k****
CREDITED
PAID
4ao.00
635.00
DATE- 11/16/93
DATE- 11/16/93 RECEIPT#- 101090
I
,
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! ORIZED SIGNATURE
CALL 375-6355 FOR INSPECTIOM~ FORE 4:30 P.M.
\ I
THIS PERMIT SHALL BECOME NULL AND VOID UNLESS THE WORK AUTHORIZED IS COMMENCED WITHIN ONE HUNDRED AND EIGHTY (180) DAYS AFTER
ISSUANCE. OR IF THE WORK AUTHORIZED IS NOT INSPECTED FOR A PERIOD OF ONE HUNDRED AND EIGHTY (180) DAYS,
Any change in building plans or specifications must be recorded with this office, Any work not covered above, must have a valid permit prior to starting, In consideration
of the granting of this permit, the owner and builder agree to erect this structure in full compliance with the Building and Zoning Codes of the City of Boynton Beach,
Florida, This permit fee is not refundable
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