LEGAL APPROVAL
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. flORIDA
5., Project:
Agent:
Owner:
Location:
Description:
APRIL 18. 1995
Boynton Beach Tr1-Ra11 Stat10n
Joe Handley, Craven Thompson & Associates
Tri-County Commuter Rail Authority
East side of High Ridge Road and 460 feet north of
Gateway Boulevard
Landscape Appeal: Request for relief from Article
II - Landscape Code, Section 7.5-35(e) to omit
landscaping along an interior lot line used for
veh1:ular use
Mr. Handley displayed the site plan and indicated the area where the landscape
appeal is being requested. He stated that a hedge is required along the prop-
erty line to separate the Tri-Rail Station from the parking lot because they are
two separate parcels. He stated that this cannot be done because the parking,
vehicular use areas and pedestrian paths cross that line.
No one in the audience wished to speak in favor of or against this request.
Therefore, Mayor Taylor declared the publiC hearing closed.
Motion
Vice Mayor Bradley moved to approve the request for relief of Article II,
Landscape Code, Section 7.5-35(e) to omit landscaping along an interior lot line
used for vehicular use, subject to staff comments. Commissioner Rosen seconded
the motion which carried 5-0.
Denny's Restaurant
Louis Fenkel', Capital Signs
Denny's
2201 South Federal Highway
Community Design Plan Appeal: Request for relief
from Section 10.F.6 of the Community Design Plan
regarding exterior lighting
Louis Fenkell requested approval of two types of exterior building lighting.
One is an exterior band of green illuminated channel wrapping the roofline of
the building. The other is for white fluorescent lighting which downwashes the
building and does not project out.
6. Project:
Agent:
Owner:
Location:
Description:
Ms. Heyden advised that the Community Design Plan states that lighting attached
to the fonm of the exterior of the building or part of the building exterior or
visible from the exterior of the building shall not be penmitted if it is
contrary to the architectural style of the building. Staff feels that the
covered neon lighting around the perimeter of the roof of the building, which ;s
appropriate to an art deco style, is contrary to the architectural style of the
Denny's building. Staff views exterior lighting more as a fonm of signage
rather than a building element. However, the fluorescent lighting around the
fascia and soffit, which is not going to be exposed, is acceptable to staff.
It not only serves to accentuate the building, but it serves as lighting for the
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1995
sidewalk below. The Planning and Development Board voted 4-2 for denial. They
felt there needs to be consistency from project to project and felt it should
either be denied or approved. Ms. Heyden felt it was her role to minimize the
use of neon rather than just flat out deny it. She felt it has a place and you
have to look at it on a case by case basis. She asked for direction regarding
neon or any kind of exterior lighting.
Mr. Fenkell advised that 1,600 Denny's Restaurants are being done with exposed
neon lighting. He stated that Mike Haag of the Planning and Zoning Department
advised him that the City would not be too pleased with neon lighting.
Therefore, Mr. Fenkell changed the concept and went with a U channel with a
green lens. It is internally illuminated with neon, but fluorescent lighting
could have been used. The only reason fluorscent lighting was not used is
because there would be a break in the illumination between lamps. Therefore,
neon was used. It is not visible or exposed. It is the same thing that Burger
King, McDonald's and Shell Gas Station use.
Mayor Pro Tem Matson recalled the last two projects that came before the
Commission for use ~f neon lighting. One of them was Checkers. The neon on
Checkers was shielded the same way this is going to be shielded on Denny's. The
other project was Miami Subs. Ms. Heyden advised that approval of the use of
neon on Miami Subs was conditioned upon the neon being limited to the arch and
certain sides of the building that did not face the residences. Mayor Pro Tem
Matson agreed with Ms. Heyden that. neon should be looked at on a case by case
basis. She did not have a problem with this request.
Mr. Fenkell pointed out that this already exists in the City. The individual
channel letters that. illuminate over storefronts are identical to what is being
proposed. Those letters are internally illuminated with neon with a plastic
lens over it. He pointed out that Checkers uses a clear lens over some of the
neon so that you see the neon.
Mayor Pro Tem Matson pointed out that technology has changed since 1986 and a
lot of our codes are archaic. She did not have a problem with the neon as long
as it is shielded.
In response to Commissioner Jaskiewicz, Mr. Fenkell stated that all the Denny's
Restaurants have exposed neoni therefore, there isn't one with covered neon that
she could go to look at. City Manager Parker stated that the neon on Checkers
located at Boynton Beach Boulevard and Old Boynton Road is similar to the neon
proposed for the Denny's.
Commissioner Rosen was in favor of staff's recommendations to deny the roof edge
covered neon and approve the soffit-mounted strip fluorescent lighting subject
to the lights being white and enclosed with a white translucent cover.
Commissioner Jaskiewicz agreed.
Mr. Fenkell stated that the colors of the building coordinate with the green.
The roof will be green and the cover over the neon will be green. Beige and
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1995
green are the primary colors of the building. The neon was not put there as
signage.
In response to Mayor Taylor, Ms. Heyden believes there are short-tenn efficien-
cies to the west of Denny's.
Motion
Commissioner Rosen moved to approve staff's recommendation. Vice Mayor Bradley
seconded the motion.
Subst.nt1ve Mot1on
Commissioner Jaskiewicz moved to table this item until the next regular City
Commission to visit Checkers to see what it looks like. The motion died for
lack of a second.
The motion carried 3-2. Mayor Pro Tem Matson and Commissioner Jaskiewicz cast
the dissenting votes.
It.t Subs
Joe Marouf
1920 South Federal Highway
Community Design Plan Appeal: Request for relief
from Section ID.F.6 of the Community Design Plan
regarding exterior lighting
Joe Marouf, owner/operator of Miami Subs. stated that neon is a trademark of
Miami Subs and that this is the only Miami Subs building that does not have
neon. The neon will match the color on the trim of the building. It will be
appeal ling and will provide additional lighting during the late business hours.
He concurred with staff's recommendations.
7. Project:
Agent:
Location:
Description:
Frink Houston. 600 N.W. 10 Court, said he purposely brings his guests to his
house via Congress Avenue because he is very proud of how it looks. He stated
that Congress Avenue should be an example for all the streets in the City. He
was opposed to allowing neon on Congress Avenue. He said it is by far the most
decent street in the City and he urged the Commission to keep it that way.
It was pointed out to Mr. Marouf that the Miami Subs in question is located on
South Federal Highway. not on Congress Avenue.
City Manager Parker pointed out that this same recommendation was approved by
the previous Commission for the Miami Subs building located on Congress Avenue.
No one else wished to speak in favor of or against this matter. Therefore,
Mayor Taylor declared the publiC audience closed.
In response to Vice Mayor Bradley, City Manager Parker stated that the reason
staff recommended approval is because this is consistent with the previous
direction from the City Commission, spearheaded by Commissioner Jose Aguila.
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1
i'
'I1ie City of
'Boynton 'Beacfi
100 'E. 'Boynton 'Bea&. 'Boukvartl
P.O. 'Boit,.310
'Boynton 'Bead;', ~Coritla 33425-0310
City!Jfa[{: (407) 375-6000
~JU: (407) 375-6090
April 20, 1995
Louis Fenkell
Capital Signs
930 NE 4th Avenue
Fort Lauderdale, Florida 33304
Re: Denny's Restuarant
Property Location: 2201 Federal Highway
File No,: CDPA 95-002
Dear Mr. Fenkell:
Enclosed is check No 136440, dated 4/14/95 in the amount of $100.00
for refund of your application fee which was changed from
Administrative Appeal ($200.00) to Community Design Plan Appeal
($100,00).
Very truly yours,
t:~3
ichael E. Haag
; ME : dim
attachments
xc: Central File
..:Chk.RtnLtr.Den
Administrator
5f.merkas gateway to tlie gulfstream
" - -._---_._,._-~_..._------_.-._-_.._---- "---
~.
Mrs. Tambri Heyden
Director Planning and Zoning
Boynton Beach, Fl.
Please allow this letter to act as our request for
a single line of illuminated U-channel lighting with a 1/8"
green plexiglass face for the exterior of our Denny's
restaurant at 2201 S. Federal Hwy. in the COASTAL VILLAGE
DISTRICT. Your cooperation in this matter is greatly
appreciated.
Mr. Louis Fenkell of Capitol Signs (305-463-8479)
will be handling the permitting and installation of this
Droject, please don't hesitate to call on him for any
additional information you may require,
203 East Main Street, Spartanburg, SC 29319
803-597-8000
.-".' ....... ~
9.:;- - () 0 /
CITY OF BOYNTON BEACH
100 EAST BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA 33425
MARCH 13, 1995
ATT: APPROVAL BOARD
TO WHOM IT MAY CONCERN:
PLEASE ALLOW THIS LETTER TO ACT AS OUR REQUEST FOR THE BOARDS APPROVAL IN REGARDS TO
THE EXTERIOR BUILDING LIGHTING AT DENNYS RESTAURANT AT 2201 SOUTH FEDERAL HIGHWAY.
WE UNDERSTAND THE DISAPPROVAL BY MANY CITIES TO ALLOW EXPOSED NEON BORDERS AROUND
COMMERCIAL BUILDINGS. THEREFOR WHAT WE ARE REQUESTING IS WHAT WE HAVE FOUND TO BE
ACCEPTABLE IN ALL MUNICIPALITIES INCLUDING SUCH CITIES WHERE ZONING RESTRICTIONS
ARE VERY STRINGENT SUCH AS BOCA RATON, VERO BEACH AND THE CITY OF SUNRISE,
WHAT WE ARE PROPOSING IS TO OUTLINE THE ROOFLINE OF OUR BUILDING WITH LIGHTING SIMILAR
TO BURGER KING AND MCDONALDS USING A 3" x 3" ALUMINUM U-CHANNEL WITH A 1/8" GREEN
PLEXIGLASS FACE. THE INTERNAL ILLUMINATION SHALL BE FROM 12MM GREEN NEON WHICH WILL
IN NO WAY BE VISIBLE. THE END RESULT IS A 3" GREEN ILLUMINATED BAND AROUND THE BUIDLING
THAT IS NO BRIGHTER THAN A FRONT LIT CHANNEL LETTER WHICH CAN BE FOUND THROUGHOUT YOUR
CITY. YOUR COOPERATION IN THIS MATTER IS GREATLY APPRECIATED. IF WE CAN BE OF ANY
FURTHER ASSISTANCE PLEASE DO NOT HESITATE TO CALL US. OUR REPRESENTATIVE IN THIS MATTER
IS LOUIS S. FENKELL WITH CAPITOL SINGS, HE CAN BE REACHED AT 305-463-8479.
203 East Main Street. Spartanburg, SC 29319
803.597-8000