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AGENDA DOCUMENTS MINUTES - CITY COIIUSSION 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-tenm efficien- cies to the west of Denny's. Motton Commissioner Rosen moved to approve staff's recommendation. Vice Mayor Bradley seconded the motion. Substanttve Motion 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. .,., Subs Joe Marouf 1920 South Federal Highway Community Design Plan Appeal: Request for relief from Section 10.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 appeal11ng and will provide additional lighting during the late business hours. He concurred with staff's recommendations. 7. Project: Agent: Location: Description: Frank 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 1n 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. - 30 - , ~ ---------.-. - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, flORIDA APRIL 18, 1995 In response to Vice Mayor Bradley, City Manager Parker explained that at the request of the previous Commission, the Community Design Plan was made less stringent and now requires more of a professional opinion from staff and the Commission's opinion. Motion Vice Mayor Bradley moved to approve the Community Design Plan appeal for Miami Subs. Mayor Pro Tem ~atson seconded the motion which carried 4-0. Commissioner Rosen was not present at this time. Mayor Taylor thinks staff and the Planning and Development Board are doing their very best to give direction to the Commission. He stated that sometimes the Commission does not take their advice. However, this in no way should indicate that the Commission does not appreciate what they are doing. B nton Commerce Cente PID Pe er Reed, MIG Managem nt Services of Florida, Inc Boy on Commerce Center, td. Sout ide of Woolbright R ad, 100 feet west of 1-95 Use A roval: Request to end the list of per- mitted ses for the Boynto Commerce Center to allow w lesale d1str1but1o , retail, repair and assembly ~f lawn maintenance equipment City Manager Parker asked if the Commis ion wished to table this item, since the applicant was not present. City Attorne Cherof said the initial burden is on the applican to present the basis for th request they are making. In their absence, ther is no way to establish what they want and why they want it. 8. Project: Agent: Owner: Location: Description: Motion Mayor Pro Tem Ma on moved to table the Boynton Commerce Center PID. Vice Mayor Bradley seconded e motion which carried 5-0. C. Other \ None. IX. NEW BUSINESS A. Items for discussion requested by Mayor Teylor 1. Elimination of run-off elections Mayor Taylor referred to Memorandum #95-43 from City Clerk Sue Kruse the history of run-off elections. In her memo, she advised\ that six elections were held since 1984. Eight candidates were invo\ed, and won both the general elections and the run-off elections. - 31 - \ r~ardi ng run-off s 1x of them MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Mr. Morton said Cracker Barrel is a unique restaurant. It is called. .Cracker Barrel, Old Country Store". That is their name and their logo. Trying to get conformity of Code in a PCD is difficult. The yardsticks for architectural control would be RaceTrac Petroleum or The Home Depot. Mr. Aguila pointed out that boards and Commissions have people come into conformance with the surrounding communities. Miami Subs is a prime example of that situation in Boynton Beach. In the end, they complied with the Commission's requests, and they are operational and a great store. When he suggested a fair compromise to keep the front as is, but tone down the sides and rear by using more stucco and less wood siding, he cannot imagine why they would feel they are not getting their message across. Mr. Morton offered to contact the Cracker Barrel representative to discuss this situation. Mr. Rosenstock advised that the City of Boynton Beach will be participating in a Visions 20/20 program in approximately one week. Mr. Rosenstock has stood before the Commission and this board and talked about developers in the community. Our community is now planning for the future. He feels that an architectural plan as to what we want our City to look like has been cut down because of developers like Mr. Morton. Mr. Rosenstock does not feel Mr. Morton has done this maliciously; however, because RaceTrac does not fit in with anything, and Home Depot does not fit in with anything, we will'Wind up with a tremendous parcel of the property that will be a garbage can with regard to design. Mr. Rosenstock feels the developer should have a little respect for the community and try to abide by the design plan. He feels the time has come to stop all these exceptions. Vice Chairman Golden agreed with Mr. Aguila's comment about the compromise to the east side of the building, and feels it is a reasonable solution. Chairman Dubs expressed some concern about what Leisureville will see from across the way since the berm is 5'. There is a pad at the rear of the building with wood sitting on it. Mr. Morton said the berm that will be landscaped is not on the plan. It is on the outside. In addition, Leisureville. in this particular location, is across the canal. The project will not back up to Leisureville because there is a berm, a canal and an FPL easement. Vice Chairman Golden questioned whether the rooftop equipment was considered for parapet screening. Mr. Lewicki said staff has discussed this issue. Mr. Aguila advised that there is something in the Code which states that this equipment may not be visible for distances of 600'. Mr. Morton agreed that this project will meet that requirement. In reviewing the plans, one of the things that caught Mr. Aguila's attention is the light in the island on the north side of the store which shines towards the dumpsters. That light will 11 \ -MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA APRIL 11. 199~ - Motion Mr. Rosenstock move~ to reject Item S.C.2., Denny's Restaurant, located at 2201 South Federal Highway, request for relief from Section 10.F.6 of the Community Design Plan regarding exterior lighting. The motion died for lack of a second. Motion Vice Chainman Golden moved to recommend approval of the request of Denny's Restaurant for relief from Section 10.F.6 of the Community Design Plan regarding exterior lighting as proposed by the applicant. Mr. Beasley seconded the motion. . Mr. Wische stated that he could not vote against the applicant because he does not have the Community Design Plan in front of him. Vice Chainman Golden reiterated the comments he made earlier regarding why he recommends approval. Mr. Rosenstock felt the Land Development Regulations should be in front of the Board as a guide before approving or denying a request. Vice Chainman Golden stated that there may be times when this Board has to pro- vide the Commission with direction when they think staff's interpretation is inappropriate. The motion carried 4-3. Mr. Reitz, Mr. Elsner and Mr. Rosenstock cast the dissenting votes. (See further discussion under Item S.C.3.) Mi..1 Subs Joe Marouf 1920 South Federal Highway Request for relief from Section 10.F.6 of the Community Design Plan regarding exterior lighting With the use of the overhead projector, Mr. Haag displayed an overlay of the location map regarding this site. This request is in connection with the appli- cant submitt1.. a penmit request for neon lighting around the perimeter of the bul1 di ng. 3. Project: Agent: Location: Description: In 19S9, the City Commission approved a site plan modification which allowed renovation to the building for its present appearance. This modification was for a Mr. Submarine restaurant which changed to a Miami Subs in 1991. The neon lighting proposed for the parapet wall is exposed and colored to match the existing pink and aqua painted trim. This color scheme is customary to Miami Subs. - 1S - \ MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 11, 1995 The motion failed 2-5. Chainman Dube, and Messrs. Elsner, Reitz, Rosenstock and Wische cast the dissenting votes. Ms. Heyden suggested making a motion to deny since the motion to approve failed. At this point in the meeting, Mr. Rosenstock left the chambers. Motion Mr. Reitz moved to deny the request with regard to Item a.C.2, Denny's Restaurant, for relief from Section 10.F.6 of the Community Design Plan. Mr. Wische seconded the motion which carried 4-2. Vice Chainman Golden and Mr. Beasley cast the dissenting votes, and Mr. Rosenstock was not present. Miami Subs Mr. Marouf, who took over this location on March 1, 1995, explained that neon is a trademark of Miami Subs. He owns several Miami Subs and has not had any problems with the neon, except for this particular location. He pointed out that Miami Subs is open late at night and the neon adds more lighting. Motion Vice Chainman Golden moved to recommend approval of Miami Subs' request for relief from Section 10.F.6 of the Community Design Plan regarding exterior lighting. This approval is for the design submitted by the applicant. Mr. Beasley seconded the motion. Chainman Dube pointed out that the applicant's request is not the same as staff1s recommendation~ and that the applicant was agreeable to staff's recom- mendation. Mended Motion Vice Chainman Golden amended his motion to agree with staff's recommendation. Mr. Beasley agreed to the amended motion. Mr. Reitz pointed out that the Board just denied the use of neon in the previous case. He felt it is incumbent upon this Board to begin to set some precedence of consistency. Vice Chainman Golden agreed with Mr. Reitz. However, he pointed out that the City has different areas and different characteristics. He did not feel that the same standard should be applied to all areas of the City. He felt that what has been proposed in this part of the City is not too excessive and does not create a problem for that particular area. The motion failed 3-4. Mr. Elsner, Mr. Rosenstock, Mr. Reitz and Mr. Wische cast the dissenting votes. - 20 - ~< -- - ----------- -.---. ..- ....-- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA APRIL 11. 1995 Motion Mr. Rosenstock mov~d to recommend denial of Miami Subs' request for relief from Section 10.F.6 of the Community Design Plan regarding exterior lighting. Mr. Wische seconded the motion which carried 4-3. Chainman Dube, Vice Chainman Golden and Mr. Beasley cast the dissenting votes. Boynton Commerce Center PIO Peter Reed, MIG Management ~ervices of Florida, Inc. Boynton Commerce Center, Ltd. Southside of Woolbright Road, 100 feet west of 1-95 Request to amend the list of penm1tted uses for the Boynton Commerce Center to allow wholesale distribu- tion, retail, repair and assembly of lawn maintenance equipment Ms. Heyden stated that unlike other zoning districts, there is no specific set of PID penmitted uses set forth in the zoning code. Instead, the zoning codes state that uses may be penm1tted provided that such uses are approved by the Planning and Development Board. However, the City Commission has final disposi- tion in the matter. In approving uses, findings shall be made that the use pro- posed will not be in conflict with the perfonmance standards listed in Section 4.N of the zoning code and that the use is consistent with the intent and pur- pose of the Planned Industrial Development District. D. Use Approval 1. Project: Agent: Owner: Location: Description: A specific list of penmitted uses is not established because pros are intended to fill a niche in the current demand for light industrial zoned land, which reflects a change in technology and allows for economics of scale in industrial development. This can often include allowing combining of uses not penmitted to be combined in other zoning districts in exchange for more stringent regula- tions governing unified control, landscaping, open space, hanmony of design and cornman use of improvements. This particular request is for approval of wholesale distribution (and limited retail) assembly and repair of commercial turf maintenance equipment, such as lawn tools, lawn supplies (excluding fertilizers and pesticides), mowers, trac- tors and parts for this particular type of equipment. Staff believes that noise and liquid waste will be generated by the assembly and repair aspects of the use. Based on the description of the repair work that the applicant provided, this would require use and storage of solvents, other hazar- dous liquid wastes, and oil. Ms. Heyden pointed out that there are six wellfields on this piece of property. Ms. Heyden stated that the City is governed by the Palm Beach County Wellfield Protection Ordinance which requires certain uses located within wellf1eld pro- tection zones to obtain a building penmit for interior completion from the Department of Environmental Resources Management (DERM). Depending on the use, DERM has typically required mitigation measures such as special containment - 21 -