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LEGAL APPROVAL MINUTES - REGULAR CITY -1M4ISSION MEETING BOYNTON BEACH, FLORIDA . DECEMBER 15, 1992 Stella Rossi, 625 Whispering Pines Drive, said the green-slatted fence is better known as the "junkyard fence look". It is not a very good look along Seacrest Boulevard and asked if it is a temporary or penmanent look. .~ "- Peter Mazzella, Assistant to the Utility Director, said there is currently a temporary fence along the property line. Code requires that the penmanent installation provide screening to the site. A slatted fence is an option, but there will be a 3 foot benm with a sodded area in front, trees, and shrubs along the entire fence. Commissioner Hanmening suggested beginning to install some of the shrubbery now, but Mr. Mazzella pointed out that since the fence will have to be moved, he would prefer do the entire job at one time in order to save money. He offered to plant vines if the Parks Department had any to donate. Motion Commissioner Hanmening moved to approve. Vice Mayor Matson seconded the motion which carried 4-0. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PlANNING & DEVELOPMENT None C. OTHER: 1. Project Name: Agent: Owner: Location: Description: Henman's Plaza ----------------------------TABLED Gerald Foland, Baron Sign Company Sigma Development, Inc. 701 North Congress Avenue AESTHETIC REVIEW: Request to amend the existing program to allow for the installation of a free- standing sign at the subject property .. Mr. Cutro made the presentation and reminded the Commission that this item has been continued twice. He explained that the applicants asked for a freestanding sign. When they originally applied for the sign program on this site, the freestanding sign was not included in their program. The City Commission asked specific questions regarding the trees on the site. It was discovered that there were trees originally planted in the islands as part of the site plan. All of the trees were Yellow Tabebuia which are very brittle and break easily. Motion Commissioner Hanmening moved to remove this item from the table. Vice Mayor Matson seconded the motion which carried 4-0. Mr. Cutro continued his presentation by explaining that conditions have been placed on the replacement of the trees. The applicant and owner will fulfill those conditions. The applicant and owner were present in the audience. - 14 - - r t t MINUTES - REGULAR CITY tUSSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 15, 1992 Gerald Foland, President of Baron Sign Company, apologized to the Commission for not being present at the past meetings. He misunderstood the procedure and thought the Planning and Development Board appearance was his only require- ment. Motion Commissioner Harmening moved that the applicant be allowed to remove the two tree stumps from the islands in exchange for a tree donation to the City equal to the diameter of two trees removed and then the City will amend the existing agreement with the developer for signing. Vice Mayor Matson seconded the motion which carried 4-0. Commissioner Hanmening confinmed that the applicant agreed with his motion. Mr. Cutro asked for clarification on the approval for the Water Treatment Plant. Commissioner Hanmening confinmed that his motion for approval included the approval of the landscape appeal. 2. Costa Bella/Blum Plat - Engineering update on stonmwater drainage for the area Richard Staudinger stated he received an additional letter from the Design Engineer which did not address the problems other than an admission that the pond was sodded. After discussions with Mr. Guidry, it was learned that the City is in possession of a 2,000 gallon a minute pump to remove water. It is a portable pump. Mr. Staudinger suggested the approval of the Utility Department having the necessary staff available and getting the pump tuned up so that it will be ready when needed. Also, a clogged drain pipe was found, and the pond was sodded. Mr. Staudinger feels the sod can be removed for less than $5,000 The long-tenm solution will be more complicated.' Mr. Staudinger would like to consider this project as part of the stonmwater utility workshop meeting which will be held in January. Mr. Staudinger asked for approval for the City Attorney and himself to meet in order to proceed with the remedial work and to discuss options regarding action toward the Design Engineer and the possibility of recovering costs to the City for this short-tenm action. Attorney Cherof asked for penmission to include the homeowners in the meetings so that their input can be gathered and used in both a mid-tenm and long-term solution. Vice Mayor Matson asked that the homeowners be notified of the workshop meeting. She wants to make sure a situation like this does not occur again and, in this case, find out where the liability lies. Commissioner Hanmening feels it is necessary to investigate this situation further. - 15 - MINUTES - REGULAR CITY ~.~ISSION MEETING BQ.YNTON BEACH. FLORIDA DECEMBER 1. 1992 , NO ONE ELSE WISHING TO SPEAK, MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. VIII. DEVELOPMENT PLANS A. Project Name: Agent: Owner: Location: Description: Herman's Plaza Gerald Foland, Baron Sign Company Sigma Oevelopment, Inc. 701 North Congress Avenue Aesthetic Review - Request to amend the existing program to allow for the installation of a freestanding sign at the SUbject property Motion Commisioner Aguila moved to remove this item from the table. Vice Mayor Matson seconded the motion which carried 5-0. Chris Cutro, Planning and Zoning Director, stated that as requested by the City Commission, the Planning Department researched the trees near the proposed freestanding sign at Henman.s Plaza. He reported that the trees that were pur- portedly improperly pruned are yellow tabebuia. The trees located along the street are required trees. There is no code requirement for the trees that were put in the islands. However, on the site plan, both islands show trees on them and for that reason there should be trees in both the islands. They were removed without penmission from the City. Mr. Cutro said the trees were inspected and he conferred with Urban Forester Kevin Hallahan, who agrees they were improperly pruned. No recent pruning has been done on the trees. The pruning which has taken place is old pruning. There are some inherent problems with the trees themselves. Yellow tabebuias are very brittle and have a ten- dency to break easily, especially in the wind. If improperly pruned, they sprout. The new sprouts waive in the breeze and snap the branch. The branch then has to be cut back to the main branch. When pruning, a stump should not be left. In addition, these trees have extremely weak root systems. When planting such trees, the root system should be covered with pebbles and then soil washed into the planting hole. This was not done for these trees. Mr. Cutro concluded that these trees should not have been planted as perimeter trees on the site and recommended the following as part of the whole condition to put the new sign in place: (1) That the applicant remove the two stumps and donate to the City a tree equal to the diameters of the two trees that were removed; (2) That the applicant remove and replace the stunted trees with new oversized trees of a different species; (3) That the City Commission adopt the National Arborist Association Standards for Pruning Trees; and (4) That the City adopt speCific removal and replacement criteria for existing trees. 5 _.I._._>,.._~ "~"l'l':{I'._':....~~.~:''''''''''~,~<.,I'.,,~I,...~J:. ~~:~. ,.-- _.: .,. ~,.. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER I, 1992 ~ Mr. Cutro said he could do items 3 and 4 as part of the landscaping rewrite. Since Mr. Cutro has not been able to contact the applicant, he suggested tabling this matter. Motion Commissioner Aguila moved to table this matter. Vice Mayor Matson seconded the motion which carried 5-0. In response to Vice Mayor Matson, Mr. Cutro stated that McDonalds has trees and shrubs growing all around it so that the building cannot be seen from either the north or south approach. The Planning Department is presently trying to interpret directional signs. Mr. Cutro will report back to the City Commission. B. Citrus Park - Request for an extension for filing final plat to November 1993.................................................TABLED Motion Vice Mayor Matson moved to remove this item from the table. Commissioner Aguila seconded the motion which carried 5-0. Mr. Cutro reported that this was tabled at the last meeting because there was a question regarding the reserve capacity fee. An extension was approved from June, 1992 to June, 1993. Mr. Rossi was present and sought to backdate his approval and extend it until November, 1993, without paying an additional fee. However, Mr. Cutro stated that Utilities Director John Guidry advised that this would cost an additional reserve capacity fee. The City Commission was in agreement that the additional reserve capacity fee would have to be paid. . Motion Commissioner Aguila moved to grant the extension to June 4, 1993. Commissioner Hanmening seconded the motion which carried 5-0. C. Appeal of a denial of an occupational license at 517 N. E. 5th Avenue for ABCD Auto Center (for a body shop and auto repair) Mr. Cutro stated that this request was originally forwarded to the Planning and Zoning Department by the Occupational License Division for a detenmination regarding whether an auto body shop was an allowable use in the CBD zoning district. The Planning and Zoning Department denied the license. Mr. Cutro advised that in 1978, the City changed its licensing and in doing so, listed this as a repair shop. It would have continued on as an existing nonconforming use. The license was kept up to date. However, there were arguments from time to time as to what types of repairs were allowed. Larry Hodges was sworn in by Attorney Cherof. He referred to Deputy Building Official Al Newbold's Memorandum, dated June 25, 1991, to Building Official Don 6 MINUTES - REGULAR CITY Q IISSION MEETING BOYNTON BEACH. FLORIDA ,., PUBLIC AUDIENCE: NOVEMBER 17, 1992 Shirley Stevens. of 2832 SE 5th Circle, is Chainman of the Boynton Citizens' rl Coalition and spoke on their behalf. The Coalition has been working to ~ encourage the City to eliminate the County pockets. Ms. Stevens is also a member of Commissioner Mary McCarty's Boynton Beach Advisory Committee and has had discussions with her regarding the location of all of the County pockets. Commissioner McCarty asked County staff to do a study of these locations. Ms. Stevens provided copies of the study to all members of the Commission. (A copy of this study is attached to the original copy of these minutes.) Vice Mayor Matson reported that at the Legislative Conference of the Florida League of Cities, not only will the drug-free parks and recreation area be con- sidered, but they will provide a definition of enclaves for annexations. Vice Mayor Matson will bring back this definition as part of her report. She will provide copies for Ms. Stevens and Mr. Cutro. Further, Ms. Stevens stated that Vice Mayor Matson was one of the founding mem- bers of the Boynton Citizens' Coalition. They are proud of her record and are sorry that she is experiencing so many problems. Ms. Stevens offered the sup- port of the Coalition. DEVELOPMENT PLANS: A. Consent Agenda - Unanimously Approved by Planning' Development Board Herman's Plaza Gerald Foland, Baron Sign Company Sigma Development, Inc. 701 North Congress Avenue AESTHETIC REVIEW: Request to amend the existing sign program to allow for the installation of a freestanding sign at the subject property . Mr. Cutro made the presentation. He explained that in 1989, the City Commission approved the sign program for the center which included all of the existing signs. A condition of that program was that there would be no freestanding signs on the site. When this was done 1n 19B9, the City Commission was respon- sible for granting exceptions to the sign Ordinance. 1. Project Name: Agent: Owner: Location: Description: At its meeting of November 10th, the Planning and Development Board reviewed this request and forwarded it with a recommendation for approval. Commissioner Aguila noted that the island where the sign is proposed to be placed had a tree which is now a stump. The island to the north of that area also had a tree which is now a stump. He further pointed out that the nine (9) trees along Congress Avenue have been seriously cut back from a height of approximately 81 or 91 down. He wondered if Mr. Cutro was aware of this situation. Mr. Cutro stated he had not noticed it. Commissioner Aguila expressed his disappointment at the way the trees have been cut back. He feels this has been done to validate the argument that the trees will not visually block the sign. Agent: Owner: Location: Legal Description: Description: 8 Dennis P. Koehler, P.A. Sigma Development, Inc. West side of North Congress Avenue, north of Old Boynton Road North half of Boynton Beach Mall, parcel #1 as recorded in Public Records Book 4379, page 334 of the Public Records of Palm Beach County, Florida SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for an elevation change -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 4, 1989 After other comments, Mayor Moore asked if there had been favorable recommendations on this from the staff. Since the staff reviewed it, City Manager Cheney answered that it had gone before the Planning and Zoning (P&Z) Board and the Community Appearance Board (CAB). City Manager Cheney told Mayor Moore he would find nothing in his agenda packet rela- tive to signs. At the last City Commission meeting, the Commission instructed the City Staff to meet with the appli- cant, which they did. The City did not receive anything back from the applicant until tonight. Therefore, the City had nothing to make a recommendation on about the sign. Mayor Moore understood they were talking about a sign, two windows and a door in a major addition to a shopping center. Dennis Koehler, Attorney at Law, 2000 Palm Beach Lakes Boulevard, West Palm Beach, FL, replied that was essentially it. He added that there was also the colors of the canopies and signs and the letters and style of the letters for the signs. Mayor Moore asked how long this had been going on. Attorney Koehler informed Mayor Moore that the first site plan was approved last summer. They were back before the City Commission and the various Advisory Boards twice and received approval most recently of everything that was being presented tonight. There was confusion, and they met with the City Staff. Attorney Koehler believed they had worked out everything, and he elaborated. He said this had been recommended for approval unanimously by the P&Z Board and by the CAB by a 5-2 vote. As requested by the City Staff two weeks ago, Attorney Koehler had a detailed description in writing. The description had been attached to their proposed revisions, and it explained exactly what the applicant wanted. Mayor Moore asked if the City Staff now approved this. City Manager Cheney answered that the Staff had not seen it. Attorney Koehler had just passed out the report, and the City Staff did not have a chance to review it. If Attorney Koehler had done what was discussed at the meeting with the City Staff, the City Staff would have a recommendation. It seemed ridiculous to Mayor Moore that the applicant had to pay high powered people to corne and straighten this out. City Manager Cheney pointed out that what the City does is in accord with the Ordinances of past Commissions and the directions of those Commissions, the P&Z Board and the CAB. From a staff point of view, that is all the City has done. Mayor Moore thought there would be an investigation on this, -5- 'i" MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 4, 1989 and he thought it would show that 99% of the things that are hung on people who come here to build or develop are discretionary and arbitrary. Attorney Koehler believed that this afternoon, through the office of Marc Wiener, Architect, 500 Fairway Drive, Suite 107, Deerfield Beach, they supplied Mr. Annunziato with a written summary of the request they made. The written document should be looked at in conjunction with the proposed revisions. After explaining the elevations, Attorney Koehler said the lettering has been changed to comply with guidance from the City Staff, and the color of the facade of the building was shown. Also shown were the three windows and the door. He believed the elevations incorporated all of the suggestions for improvements offered by the Commission and recommended by the City Staff. Commissioner Weiner did not appreciate receiving an eight or ten page memorandum from Attorney Koehler just as he came to speak. She would have liked to receive it in time to review it. Mayor Moore asked if there was anything in the City Ordinances about the colors. He questioned whether there were any reasonable regulations that delineated the colors so that the applicant could understand, as a property owner, what the City was talking about until they got into a room where someone said they wanted to see swatches and colors of awnings, etc. Attorney Koehler answered that they strived to please the Commission. He agreed with Mayor Moore that there are no specific requirements in the City's Ordinance. However, when the City Commission has a request they feel they have to answer, they answer it. Commissioner Wische asked how the remaining signs would be illuminated. Mr. Wiener said the sign criteria was part of the packages submitted to the Commission. It had not changed from the previous approval. It was an aluminum individual letter with a red plexiglas face that is illuminated. Commissioner Wische asked whether it would be open channel or reverse channel~lettering. Mr. Wiener answered that it will be channel lettering with a plexiglas face. Commissioner Wische questioned whether it will be the same colors as the remaining stores. Mr. Wiener replied that they were pro- posing what was shown on the renderings. All of the signs are red, except for Vision Works, which has a logo, so their sign is red and white. -6- Commissioner Hester noted that the applicant met with the City Staff on the 29th of March. He asked if what the City Staff proposed had been included in the proposed revisions. Mr. Wiener answered affirmatively and added that every single item had been included. Commissioner Weiner observed that the swatches just shown her for Applebee's awnings were brown and yellow. Mr. Wiener said they were brown and beige. Commissioner Weiner stated that the awning on Vision Works, that Attorney Koehler came in particularly to have the Commission approve, is red. At both the CAB and the P&Z Board, Attorney Koehler said they offered what Commissioner Weiner called brown and yellow but which they call burgundy and beige. Mr. Wiener said the swatches before Commissioner Weiner were the actual colors ~~ rn~ ~~n~n;oQ Tn ~nn;r;nn rn rnp ~nlnrs nnt b~ina anv- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 4, 1989 assumption on the Contractor's part, but it is easier to close up the holes than it is to cut them later. Mayor Moore asked if the City Staff had met and agreed on this. Mr. Annunziato answered affirmatively. Motion Vice Mayor Olenik moved to remove the sign program approval of Herman's Plaza and the site plan modification for Applebee's Bar and Grill at Herman's Plaza from the table. Commissioner Hester seconded the motion, and the motion carried 5-0. Motion re Herman's Plaza Commissioner Hester moved, seconded by Vice Mayor Olenik, to approve the sign program of Herman's Plaza. Motion carried 5-0. Motion re Applebee's Bar and Grill Vice Mayor Olenik moved, seconded by Commissioner Hester, to approve the amended site plan of Applebee's Bar and Grill at Herman's Plaza. Motion carried 5-0. III. CONSENT AGENDA I. Consider approval of zoning for alcoholic beverage license b) E-Z Market 1005 North Seacrest Boulevard Boynton Beach, FL 33435 In his memo dated March 28, 1989, Al Newbold, Administrator, Plans Review and Permitting, wrote that zoning at the above premises permits the sale of beer and wine for off premise consumption. Mayor Moore asked if there were questions on this. City Manager Cheney understood Commissioner Hester's concern (page 2 of these minutes), but he did not think anything could be done about it. Commissioner Hester moved, seconded by Commissioner Wische, to approve the license. Motion carried 5-0. -8- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 green. There would be one color per sign. The pylon sign would read "GREENTREE II." Motion Commissioner Olenik moved to approve the sign program for Greentree Plaza II subject to staff comments and other com- ments made at this meeting. Commissioner Mann seconded the motion which carried 5-0. c. Consider sign program approval - Herman's Plaza The CAB had approved the sign program for Herman's Plaza with a 5-2 vote and subject to staff comments and subject to that all but the major tenants be restricted as to the type lettering to be used. Ron Brown, Applebee's South, 1607 Laurens Road, Greenville, SC 29607, came forward to represent Applebee's. There was some discussion about what a major or anchor tenant is. Commissioner Olenik noted that in the Boynton Beach Mall there are only 4 or 5 major tenants, but this small Plaza was stating they have 3 major tenants (Vision World, Applebee's and Herman's). Vice Mayor Hester felt that the CAB had approved signs for the three major tenants and that all others would have to comply with the signs as specified. City Manager Cheney felt that things were not proceeding in the manner they should be. There should be an overall sign program with an indication of what the sign colors will be and where the signs will be located. This had not happened with Herman's Plaza. Vision Works had come in with a request for the awning. This had been approved, but an overall sign program had not been submitted. Karl Seidenstucker, Project Manager with Sigma Development, 2738 N. Military Trail, West Palm Beach, FL 33409, stated that Applebee's is a major tenant and they came in after the initial request for signage for Herman's Plaza was pre- sented. Commissioner Olenik asked if Mr. Seidenstucker would be adverse- to having the awnings for Applebee's the same as Vision World. Mr. Seidenstucker stated that they had tried to tone down the colors as much as possible to match the building color. Commissioner Weiner asked about the Sign Code and what it had to say in regard to logos. City Manager Cheney stated that the architect should design the sign plan along with the project. Many times the deve- -17- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 loper knows who the major tenants will be during the design phase and can plan to accommodate them with the sign and color scheme for the entire development. The Code states that the signs will be designed to fit the buildings. It does not dictate type or color. It was felt that the archi- tect and developer of Herman's Plaza were not keeping with the color scheme for that center. Mr. Seidenstucker stated that they had tried to bring it into conformance by changing to red letters and changing the background color to white. City Manager Cheney noted that tenants can be forced to change. Mr. Seidenstucker referred to the center across from them and City Manager Cheney stated that they had recently come in with a plan to bring their center into compliance. City Manager Cheney then referred to Sunshine Square and stated that center looks terrible as the real estate agent have given in to Dollar Saver. Mr. Seidenstucker stated that they had previously submitted their sign plan along with the elevation renditions at the time the Vision World awning came in for approval. Barry Bloomburg, Sigma Development, recalled that at a pre- vious meeting that red was approved as the color at the same time the lettering for Herman's was shown. At that time it was agreed the developer would go with red letters. Mr. Bloomburg did not know where the renderings were, but he felt they had to be somewhere in the City. Mr. Bloomburg thought they had received approval for their sign program at that time. There was further discussion regarding sign approval. Mr. Annunziato remembered that the developer had submitted their plans, but it had been tabled. When resub- mitted no sign program was approved. Dennis Koehler, Esquire, 2000 Palm Beach Lakes Boulevard, stated that on December 6, 1988 there was a discussion regarding the canopy for Vision World. At that time all agreed that the colors of the letter should be changed from white on white to red. No formal sign program had been pre- sented and they had not been told one was required. Commissioner 'Weiner was concerned that the color could not be determined from the papers before them. She wanted to know what the exact color were and what they would look like. She was concerned about the different shades of red. Mr. Bloomburg stated that he felt it might be better to allow more than one color. He did not feel that just to be the same color was better. -18- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 1989 Commissioner Weiner requested that the developer bring in exactly what he has in mind. From the CAB meeting there were specific colors called for. Mayor Marchese asked if they had a master plan for the signage. Mr. Annunziato stated that previously the elevations had been approved but that was all. Mr. Bloomburg stated that they had also sub- mitted their sign program at that time. Commissioner Olenik asked where the color renderings were, and Mr. Bloomburg stated that they had been left with the Planning staff. Attorney Koehler asked if the Commission would provide some guidance for them in the absence of the elevations. Mayor Marchese again stated that they had to have a sign program approved for the Plaza. Commissioner Olenik commented that the developer was trying to circumvent the intent of the new Sign Ordinance. Mr. Bloomburg again stated that the archi- tect had provided their sign program. There was further discussion about some of the renderings presented by the developer and the fact they were missing. City Manager Cheney felt that all the drawings were there that had been presented to the CAB. Attorney Koehler read from notes approved at the CAB meeting and stated that the color red, #2283 or its equal had been approved. Mayor Marchese suggested that the developer contact City Manager Cheney and find out where the problems are. The Commission should have complete renditions with colors. Vice Mayor Hester stated that he had attended the CAB meeting and he was under the impression that they approved the sign program with color with a vote of 5-2. Attorney Koehler requested that they be placed on the agenda for the April 4, 1989 meeting. He did wish to address the three major tenants at this time. Mayor Marchese again stated that the problems could be worked out, and suggested that the developer meet with the City Manager and come back to the April 4th meeting. Vice Mayor Hester suggested that the Commission look into the whole situation of logos and what the Ordinance allows. He referred to Ramada Inn and stated that he had heard they would never build in Boynton Beach again as the City is too difficult to work with. Motion Commissioner Olenik moved to table consideration of a sign program for Herman's Plaza until the April 4th meeting. Motion was seconded by Commissioner Weiner and carried 5-0. -19- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA D. project Name: Agent: Owner: Location: Legal Description: Description: MARCH 21, 1989 Applebee's Bar and Grill at Herman's Plaza Dennis P. Koehler, P.A. Sigma Development, Inc. West side of North Congress Avenue, north of Old Boynton Road North half of Boynton Beach Mall, parcel #1 as recorded in Public Records Book 4379, page 334 of the public records of Palm Beach County, Florida SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for an elevation change Mr. Annunziato recommended this request be tabled as well. Commissioner Olenik was concerned about tabling this request as the elevation change would not affect the sign program. After a short discussion, Attorney Koehler requested this site plan modification be tabled as well. Motion Commissioner Weiner moved to table the request for site plan modification for Applebee's Bar and Grill at Herman's Plaza. Motion was seconded by Vice Mayor Hester and carried 5-0. E. Project Name: Agent: Owner: Location: Legal Description: Description: Mr. Submarine (formerly Ferrari's Restaurant) Stamos and Associates, Inc. Mr. and Mrs. Lou Moshakos East side of South Federal Highway, south of Woolbright Road The west 183.00 feet of the north 135.41 feet of the south 1/2 of the north 650.8 feet of the N.E. 1/4 of the N.E. 1/4 lying east of U.S. Highway No. 1 in Section 33, Township 45 South, Range 43 East SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for elevation changes and parking lot improvements Mr. Golden explained that this project is located next to the McDonalds' Restaurant on South Federal Highway. The request is to modify the old Ferrari's Restaurant with some elevation changes and parking lot improvements. Both the -20- I ':t ,',I '.. :. ~j t',' .<<. .... .-.Li.~..__ .~~ a ~. ,. . "'- MINUTES - COMMUNITY APPEARANCE BOARD BOYNTON BEACH, FLORIDA MARCH 20, 1989 moved to approve the signage with the three colors of red, blue and green for future signs installed by new tenants at the Plaza, subject to staff comments. Mrs. Lubin seconded' the motion. Motion carried 6-1. Mrs. Wische voted against the motion. Owner: Agent: Location: Herman's Plaza (Boynton Beach Retail Ctr) Sigma Development, Inc. Marc Weiner West side of North Congress Avenue at the Boynton Beach Mall b. Project name: Legal description: project description: See Attachment C Approval of signage Attorney Dennis Koehler represented the applicant and addressed the Board. The Board reviewed an entire sign package program for the center. x Mr. Barry Blumberg joined Attorney Koehler in representing the applicant. Mr. Blumberg felt there was some misun- derstanding. When they presented their plans for the awning, they felt their sign program (using red letters) had also been approved at that time. It was clarified that there will be no free standing signs at the center. There will be one sign permitted for each tenant. Applicant wishes to use red channel style lettering (helvetica) for the majority of tenants, excepting the three major tenants: Herman's, Visionworks and Applebee's. The three major tenants' lettering will also be red with the exception of the apple in Applebee's, which is their logo. The applicant understands that any new major tenants would have to appear before the CAB for individual signage approval. Mr. Blumberg stated they were also requesting a sign for the side of the building which faces PlayWorld. Mr. Jaeger stated that the ordinance allows one sign per tenant, per building face, so the words "Neighborhood" and "Bar and Grill" would not be allowed. After considerable discussion, Mr. Davis moved to approve the over-all sign program, subject to all staff comments and subject to strict enforcement of the sign ordinance. Mr. Serrentino seconded the motion. The motion passed 5-2. Mrs. Sheridan and Mrs. Wische voted against the motion. -5- at MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA rq MARCH 14, 1~ " Chairman Walshak asked if anyone wished to speak in opposi- tion to or in favor of the proposed abandonment. There was no response. THE PUBLIC HEARING WAS CLOSED. I Motion re Abandonment Mr. Aguila moved to approve the request for abandonment, subject to staff comments. Mr. Zimmerman seconded the motion, and the motion carried 7-0. , Motion re Site Plan Modification Mr. Aguila moved to approve the request for approval of an amended site plan to allow for the construction of a private security system and additional fencing, with the stipulation that they were only discussing those gates north of Citrus Glen Drive, subject to staff comments. Mr. Zimmerman seconded the motion, and the motion carried 7-0. 3. Project Name: Agent: Owner: Location: Legal Description: Description: Applebee's Bar and Grill at Herman's Plaza Dennis P. Koehler, P.A. Sigma Development, Inc. West side of North Congress Avenue, north of Old Boynton Road N! of Boynton Beach Mall, Parcel #1, as recorded in Public Records Book 4379, page 334, Public Records of Palm Beach County, Florida Request for approval of an amended site plan to allow for an elevation change 1.' ~ Mr. Golden told the Members the applicant was requesting an elevation change to accommodate the restaurant and its facade. The TRB recommended approval, subject to the following staff comments: Building Department 1. The elevations indicate that the applicant proposes a door and step along the south vehicular access. The door and step must not hinder vehicular movement or compromise pedestrian safety. 2. A sign program has not been approved for this shopping center. It is recommended that the proposed signs be deleted from this application until such time as an over- all design scheme can be approved for this center. . U , tv - 14 - .U"_~~"'~- "'_~ -:-1iV:"......."" 'lIIt"Wn~.~~"".., ':'" .,...,_~..,;_~t~~ ,""--;"'~" .,...._~''''- ."., ',."- . -------- ~_.- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA 'jq MARCH 14, 198& , 3. All signs must comply with the City of Boynton Beach Sign Ordinance. I Police Department Lt. Dale S. Hammack requested the following: Details of equipment to be used on emergency exit. , Dennis P. Koehler, P.A., 2000 Palm Beach Lakes Blvd., 8th Floor, West Palm Beach, FL 33409, representing Sigma Development Corporation, said this was his second appearance before the Board on this matter. Marc Wiener, Architect, 500 Fairway Drive, Suite 107, Deerfield Beach, FL 33441, and the Project Manager for Sigma Development Corporation were also present. Attorney Koehler stated that they have been working closely with the City Staff. Attorney Koehler called attention to the red awning requested by Vision Works of Eckerd Drug Corporation that the City Commission had addressed in December. He apprised the Members that Herman's Plaza is a national sporting goods company's name, and it will be the chief name appearing on the project. They were before the Board with elevation changes to add windows and doors for Applebee's Restaurant. i Mr. Aguila wished to see what had previously been approved and what was not approved. Mr. Weiner showed renderings and said they were requesting the location of Applebee's Restaurant, and he indicated the three bays they would be taking. He requested a change from an accent feature of white tile to the same stucco treatment which is on the primary walls. The applicant was also requesting a minor canvas canopy, which he thought protruded about eight or 12 inches from the face of the building. Mr. Weiner indicated the locations of the canopy and the sign location. Attorney Koehler showed swatches of the canopy materials. , Mr. Lehnertz referred to the second comment in the memo from Don Jaeger, Building Department, and asked if the applicant was in favor of that. Attorney Koehler answered that they worked with Mr. Jaeger. On Friday, they made their first attempt to submit a sign program to him. It was rejected for reasons that they corrected on Monday (yesterday), was accepted by Mr. Jaeger, and will be before the CAB and City Commission in the cycle they were in now. Attorney Koehler felt they had done what the City wanted in that area. ..", Ii I - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA , MARCH 14, 19~ Mr. Richter moved to approve the request, subject to staff comments. Mr. Lehnertz seconded the motion. I There was further discussion about the Building Department's second comment. Mr. Annunziato advised that the process for approval of sign programs is the CAB and the City Commission, except for free standing signs, which must be reviewed by the P&Z Board. . A vote was taken on the motion, and the motion carried 7-0. 4. Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Plaza Robert V. Romani Nicholas Athans North Congress Avenue at West Boynton Beach Boulevard, southwest corner That part of Tracts land 2, lying South of the South R/W of State Road No. 804, and all of Tracts 31 and 32, (LESS the S. 80' of said Tracts 31 and 32) of Palm Beach Farms Company Plat No.8, of Sec. 30, Twp. 45 South, Rge. 43 East, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 5, page 73 Request for approval of an amended site plan to allow for the addition of a 13,141 square foot office building . In review of the plans, Mr. Annunziato said it was discovered that there is an easement that goes through the property where the office building is being requested, so the appli- cant requested that this request be postponed until the next P&Z Board meeting. c~ Vice Chairman Blanchette moved to CONTINUE this request until the next P&Z Board meeting on April 11, 1989. Mr. Collins seconded the motion, and the motion carried 7-0. , 5. Project Name: Agent: Owner: Location: , Gustafson Industries, Inc. None Michael Gustafson S. E. 1st Street at S. E. 7th Avenue, northeast corner - 16 - , , / I I \ MINUTES - PLANNING & ZONING kOARD BOYNTON BEACH, FLORIDA , JUNE 14, 1988 Mr. Richter moved to approve the request for site plan approval to construct a 16,416 square foot light industrial/warehouse facility on 1.439 acres on the east side of West Industrial Avenue, north of ~.estEoynton Beach Boulevard subject to all staff comments. Motion was seconded by Vice Chairman Blanchette and carried 7-0. 2. Project Name: Agent: Citrus Glen Delfin F. Menendez, MSM Architect & Planners, Inc. Citrus Glen Limited Partnership Lawrence Road at Miner Road e,xtended, southeast corner Owner: Location: Legal Description: A parcel of land being the west 3/4 of the north 1/2 of the northwest 1/4 of Section 18, Township 45 south, Range 43 East less and except the north 50 feet thereof for the Lake Worth Drainage L-20 canal right-of-way and the ea?t 147 feet of the west 180 feet of" the south 140 feet of the north 298 feet of said parcel, containing 54.6305 acres, more or less. Request for site plan approval to construct entrance wall signage, roadway buffer walls, and related landscaping. Description: Mr. Menendez explained that the Citrus Glen signs requested would identify the community. Citrus Trail and Executive Estate9 are two areas located within Citrus Glen. He pre- sented colored renditions of the proposed signs and pointed out locations for their installation. The TRB recommended approval subject to staff comments (attached to the original copy of these minutes as Addendum G in the Office of the City Clerk). Mr. Menendez was aware of the new sign code and stated that the size of the sign could be reduced if necessary. Mrs. Huckle moved to approve the request for site plan approval to construct entrance wall signage, roadway buffer walls, and related landscaping located at Lawrence Road at Miner Road extended, southeast corner, subject to staff com- ments. Motion was seconded by Mr. Wandelt and carried 7-0. 3. project Name: Agent: Herman's Plaza Bharat R. Shah, Shah Consultants, Inc. -13- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA Owner: Location: Legal Description: Description: JUNE 14, 1988 Sigma Development, Inc. c/o Barry Blumberg, Executive Vice president West side of North Congress Avenue, north of Old Boynton Road North half of Boynton Beach Mall Parcel No. 1 Request for site plan approval to construct a 42,310.5 square foot retail shopping center on 3.8656 acres. Herman's Sporting Goods will be the first tenant for this retail "L" shaped shopping center and will occupy approxi- mately 1/4 of the building. The building will be white stucco with green bands and red canopies. There will.be a traffic light on Congress. The TRB recommended approval subject to staff comments (attached as Addendum ~ to the original copy of these minutes in the Office of the City Clerk). The owner was available for questions. There was some discussion regarding changes to the drawings after TRB had reviewed them. Mr. Annunziato did not feel these changes would cause any problems as they ~ere,not struct- ural. The applicant had no problem complying with staff comments. Mr. Richter moved to approve the request for site plan approval to construct a 42,310.5 square foot retail shopping center on 3.8656 acres on the west side of North Congress Avenue, north of Old Boynton Road, subject to staff com- ments. Motion was seconded by Mrs. Weiner and carried 7-0. 4." Project Name: Agent: Owner: Location: Legal Description: Quantum Office Park Adolfo J. Cotilla, Jr. ACAI Associates, Inc. Quantum Associates Quantum Boulevard at the L.W.D.D. E-4 Canal, southeast corner Lot 5 of the Plat of Quantum Park of Boynton Beach, Plat Number 2 together with a portion of Tract "H", a drainage easement, in said Plat, said portion being designated as 5-A and Lot 4 of said Plat of Quantum Park of Boynton Beach, Plat Number 2 together with a portion of said Tract "H" said portion being designated as 4-B and together with -14- ~ll>>-'- 0~6 -- PRESENT MINUTES OF THE COMMUNITY APPEARANCE BOARD MEETING . HELD IN THE BUILDING DEPARTMENT, BOYNTON BEACH, FLOR~p~. 'MONDAY, JULY 18, 1988 AT 7:30 P. M. /,>~, 1::-/ v~ (.:-1' , ,~'I} I' ('.\': ".,':.." I,+.oil \, '. " .. Don Jaeger, Chief \:-....." ", Plans Review Inspec(oF' ,', Kevin" Hallahan, ... -< -~___.., Urban 'Forester r, Arthur Berman,'Chairman Jean Sheridan, Vice Chairwoman George Davis Gertrude Lubin Pearl Wische Stephen K. Jones, Alternate (Voting) Eleanor Shuman, Alternate (Voting ABSENT Walter Kies (Excused) John Serrentino (Excused) Chairman Berman called the meeting to order at 7:30 P. M. and recognized the presence in the audience of Ann Toney, Assistant to the City Manager. MINUTES OF JUNE 20, 1988 The Recording Secretary noted that a correction to the original copy of the minutes had been made as follows: Page 27, next to last paragraph should read: ".....they are proposing to add 6 spaces in front~.." Mrs. Shuman moved, seconded by Mrs. Lubin to accept the minutes as corrected. Motion carried 7-0. APPROVAL OF AGENDA Mr. Jaeger requested that "NEW BUSINESS", item 5, Herman's Plaza, be moved up first on the agenda as Ms. Toney had information to present and had to leave this meeting as soon as possible to attend the Budget Workshop at City Hal~. .. .' I I Mrs. Lubin moved, seconded by Mrs. Wische, to approve the agenda as amended. Motion carried 7-0. NEW BUSINESS - REVISIONS TO PREVIOUS SITE PLAN 5. ~ecF;tNaiiief~fman~laza (formerly Boynton Beach Retail Center) Owner: Sigma Development, Inc. Agent: Marc Wiener, P.A. Location: West side of North Congress Avenue, north of Old Boynton Road -1- ;~.y' ~ ...... ""$," . v... .L eu 1:r~m for the buildin - Th------... 60'1;'-4 cUJOU1: tne selectic change the color and th' .g. e developer agreed to Jul 19 h . IS Item will be on th y t CIty Commission meeting. e agenda for th Representatives for the r ' the canopy will be whiteProf~ct were present and stated tha felt that the new color sca er than red. The Board member proj7cts better. Some lan~eme ~atched the surrounding CUmmIngs showed a draw' scap~ng was also added and Mr lng ,to the members of the Board. . Mrs W' . lsche moved,to accept the was seconded by VIce Chairwoman OLD BUSINESS - Tabled from June 1. Project Name: Agent: Ownf'l!rJ::. plans as presented M t' Sh . . 0 Ion erldan and carried 7-0. ; 20th Meeting ~anor Care Personal Care Facility I' u~_~nar~ Kelly/Ivan Roekel A -,.~< 't'.;::', r. . .Y: ~ .: MINUTES - COMMUNITY APPEARANCE BOARD BOYNTON BEACH, FLORIDA ''i;~'" . -,'\: .\ Legal Description: -~. . .' ~ . ... ~ project Description: JULY 18, 19~ See Addendum A attached to the original copy of these minutes in the Office of the City Clerk Change the color scheme for the pre- viously approved retail shopping center Ms. Toney explained that when this project was presented to the City Commission, they were concerned about the selectio of red trim for the building. The developer agreed to change the color and this item will be on the agenda for th July 19th City Commission meeting. Representatives for the project were present and stated tha the canopy will be white rather than red. The Board member felt that the new color scheme matched the surrounding projects better. Some landscaping was also added and Mr. Cummings showed a drawing to the members of the Board. Mrs. Wische moved to accept the plans as presented. Motion was seconded by Vice Chairwoman Sheridan and carried 7-0. 1. OLD BUSINESS - Tabled from June 20th Meeting I' project Name: Agent: Owners: Location: Legal Description: Manor Care Personal Care Facility Bernard Kelly/Ivan Roekel Manor Health Care Corporation 3005 South Congress Avenue A parcel of land described as Tract B of Plat of MANOR CARE as recorded in Plat Book 54, Pages 106 and 107, Public Records of Palm Beach County, FL. Said property being more par- ticularly described as follows: Beginning at the northeast corner of said Tract B, said corner also being the. southeast corner of said Tract A; thence south 00033'16" west, along the east line of said Tract B and the west right of way line of Congress Avenue a distance of 300.91 feet, plat (302.86 feet field) to a point; thence south 44040'01" west, a distance of 34.80 feet to a point; thence south 88046147" west, a distance of 564.27 feet to a point; thence north 46013'13" west, a distance of 35.36 feet to a point; -2- --- T -:':Q --- 'MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 4, 1989 City complex. It is the building that used to have The Shopper newspaper. There was applause. Deviation from Established Policy re Agenda Mayor Moore asked the City Commission to deviate from the established policy for the agenda, as he felt any individual who took time to appear here for personal business should be taken at the beginning of the agenda and not be required to sit for how long it takes to go through the agenda. Attorney Rea thought it would be appropriate for there to be a motion to amend the agenda. Mayor Moore asked if there was anything illegal about asking someone to come before the Commission. City Attorney Rea answered that there was not. III. CONSENT AGENDA D. Development Plans 1. Consider recommendation to extend conditional use for Girtman Child Care Center to be located on North Seacrest Boulevard Commissioner Hester moved, seconded by Commissioner Weiner, to approve the extension of the conditional use for six months. Commissioner Weiner seconded the motion, and the motion carried 5-0. VII. DEVELOPMENT PLANS A. Consider sign program approval - Herman's Plaza. . . . .. .. . . . . . TABLED B. Project Name: Agent: Owner: Location: Legal Description: Description: Applebee's Bar and Grill at Herman's Plaza Dennis P. Koehler, P.A. Sigma Development, Inc. West side of North Congress Avenue, north of Old Boynton Road North half of Boynton Beach Mall, parcel #1 as recorded in Public Records Book 4379, page 334 of the Public Records of Palm Beach County, Florida SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for an elevation change -4- MINUTES - REGULAR CITY Cf ISSION MEETING 'BOYNTON BEACH. FLORIDA NOVEMBER 17, 1992 - In response to Commissioner Aguila's question, Mr. Cutro said the trees in the islands would be part of the required landscaping because that site plan was approved by the City Commission. Research would be necessary to determine how many trees are required in the islands. Commissioner Aguila is not comfortable allowing a sign in an area where a tree has suddenly disappeared. Vice Mayor Matson wondered how this differs from Paul Raffa's request for McDonald's Restaurant. Mr. Cutro said the McDonald's situation is a policy question for which a conclusion has not yet been arrived at. There is extra landscaping along the frontage on Congress Avenue. The questions that need answers are, should extra signage be pennitted because the structure cannot be seen from certain points on the road or should landscaping be removed? Mr. Raffa's request has been to the Board of Appeals where the additional sign was denied. They are exploring the possibility of whether or not one or both of the requested signs can be considered directional signs. The Commission may have to decide whether or not to grant relief if a sign is blocked by landscaping. With regard to Vice Mayor Matson's question about the Holiday Inn sign, Mr. Cutro advised that that sign was under the old Sign Code which allowed indepen- dent businesses to have a sign. Motion Commissioner Aguila moved to table this until the tree situation can be researched to learn under what conditions they were cut back and why some of the trees are missing. Vice Mayor Matson seconded the motion which carried 5-0. Mr. Cutro will supply the required infonnation by the next City Commission meeting. B. Non-Consent Agenda - Not Unanimously Approved by Planning & Development Board None .. C. OTHER: 1. Alhambra Square South - Consideration of modification to stipulated settlement with regard to property located at the southeast corner of Congress Avenue and Golf Road for an Adult Rental Community vs. an Adult Congregate Living Facility (Postponed to City Commission of November 17. 1992) Mr. Cutro reported that in a 1989 agreement reached between the developer and the City and stipulated in a court settlement, a 248 unit Adult Congregate Living Facility would be allowed. That facility must be licensed by the State of Florida. Mr. Mark Beatty's proposal is for an Adult Rental Community. Since this is part of a court settlement, a detennination must be made by the Commission as to whether or not this is acceptable under the Court Stipulation. The new proposal is for 192 Adult Rental Community units with a two-story height. r \... 9