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LEGAL APPROVAL ~ City of t;Boyn ton t;Beacti 100 'E. 1Joynton 1Jeadi 1Joufevard p.o. 1J~310 1Joynton 1Jeadi, :JforiIfa 33425-0310 City !J{aff: (561) 375-6000 :J.fU: (561) 375-6090 December 9, 1996 Ms. Anna Cottrell, AICP Basehart & Cottrell, Inc. 1532 Old Okeechobee Road, Suite 101 West Palm Beach, FL 33409 Re: File No.: Location: Shoppes of Woolbright PCD - Sign Program MSPM 96-005 Southeast and southwest comers of the intersection ofS.W. 8th Street and Woolbright Road Dear Ms. Cottrell, Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for major site plan modification. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, r--- 1J- ~//~c,t<-U. "" Tambri J. Heyden, Al Planning and Zoning Director "7/ ? r;v<--y' c'j'.J2.v TJH:dar Attachment xc: Central File Michael Morton D:\SHARE\ WP\PROJECTS\SHPSWOOL\MSPM\DEVELORD.WPD 5tnuma's (jateway to tfie (julfstream. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~(!: ~~ o m' UW~fiiJ DEe 9 1900 ~ ~~'NG AND DEPl APPLICANT: Michael Morton. Tradewinds Group APPLICANT'S AGENT: Anna Cotrell. Aaent for the Tradewinds . Inc.. DATE OF HEARING BEFORE CITY COMMISSION: November 19.1996 TYPE OF RELIEF SOUGHT: Maior Site Plan Modification. Reauestina approval to modify the approved sian proaram. In addition to the freestandina sians that have already been approved. additional sianaae is reauested. more specificallY. new freestandina (monuments) and wall sianaae for outparcels and main buildina tenant(s). LOCATION OF PROPERTY: Southeast and southwest corners of the intersection of S.W. 8th Street and Woolbriaht 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 the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appli"~~ .-2HAS 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 "C" with the notation "Included". 4. The Applicarft's application for relief is hereby ~GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: November 19.1996 / ! A /'1 / / _:~~"'~<1L- /~V9h City lerk ADDITIONAL CONDITIONS FROM COMMISSION MEETING 1. Submit a rectified master plan for the Shoppes of Woolbriaht PCD, showina compliance with the conditions of all previous approvals. prior to issuance of any further buildina permits within the PCD. excludina the buildina permit for Buraer Kina. 2. All monument sians (includina RaceTrac. Buraer Kina. Discount Auto and future parcel tenants) be desianed to match the monument sian proposed for RaceTrac and that the size of monument sians be 56 SQuare feet. with a maximum heiaht of 4 feet and a maximum width of 8' on top of a two foot hiah base. EXHIBIT "C" Conditions of Approval Project name: Shoppes of Woolbright PUD - Sian Program File number: MSPM 96-005 Reference: The clans consist of 9 sheets identified as 1 st Review. Maior Site Plan Modification. File #MSPM 96-005 with an Seotember 25. 1996 Planning and Zoning Department date stamo marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 'I\]()I\]I= UTILITIES 'I\]()I\]I= FIRE . I\]()NI= POLICE - . NONF DEVELOPMENT DEPARTMENT Comments: 1. Reference sign locations by dimension to property lines. Chap.21, Art.I, Sec.5B / & C, pg. 21-1. 2. Designate tenants for all ground signs. Chap.21, Art.I, Sec.5K, pg.21-3. /' 3. Provide justification for proposing more than one pylon sign for Home Depot. ~ Chap.21, Art.IV, Sec.3B, pg.21-17. 4. Provide justification for proposing additional ground signs on Parcel 3. Chap.21, ~ Art.IV, Sec.3G, pg.21-17. 5. Walmart and Discount Auto signs are limited to 64 sq. ft. Chap.21, Art.lV, / Sec.2B, pg.21-16. 6. Reader board for Burger King must be part of ground sign subject to code / specified maximum size. Chap.21, Art.IV, Sec.2D, pg.21-16. 7. Show colors, lettering types, logos. Chap.9, Sec.101, pg.9-5. / 8. RaceTrac wall sign is limited to code specified maximum size. Chap.21, Art.lV, / .c::",,..?r no ?1-1fi PARKS AND RECREATION r. . NONI= FORESTER/ENVI RONMENT ALlST Comments: 9. The applicant shall identify any existing trees which. may be affected by the / nf th", c::.innc::. I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 10. Provide a clear identification system correlating the table of contents with the / submitted sheets. All cross-references included in the project shall be made in reference to the sheet code as identified in the table of content. / 11. On the site plan, sheet 2 of 9, distinguish locations of existing and proposed V signs. 12. No business identification (sign copy) was submitted for the monument sign proposed for the northernmost portion of Parcel "C". Provide a note on the master plan that the approval of this sign is limited to location only. A / subsequent submittal of the sign copy shall meet the conditions (regarding color and helvetica letter style) of this sign program approval, otherwise a future revised sign program (Major Site Plan Modification) will have to be submitted for review and approval by the City Commission. 13. On sheet 5 of 9, specifications for typical store signs are laid out. Clarify in ~ which locations these typical store signs are to apply. 14. All signs proposed must meet the minimum setback requirements of 10 feet. On the master plan include all required setbacks. Also, provide colored elevation drawings of the missing sign elevations for Burger King and Discount Auto at /' the Planning and Development Board meeting with color samples of all materials to be used in manufacturing and constructing the signs. 15. City's LDR, Chapter 9 - Community Design Plan allows only two (2) colors, (except for white and black) to be used for signs in shopping centers. On the site plan, sheet 2 of 9 include a tabular summary of all colors proposed for the ~ signage in this development Mark with an asterisk colors already approved by the City Commission. 16. If colored elevations of all proposed signs, as required by the LDR, Chapter 4, Section D are not submitted for the Planning and Development Board meeting, l/ it is recommended that the elevations go back before the Commission as a future site plan approval, prior to application for permit. 17. Chapter 9 of the LDR, Community Design Plan, Section 10.1.2 requires that a ./ single sign style shall be used for wall signage on all buildings on the site signs are predominately channel. Therefore comply with this requirement of the city code or file an application for a Community Design Plan appeal from this code provision. 18. Chapter 9 of the LDR, Community Design Plan, Section 10.1.8 allows only one lettering style, in addition to the lettering styles of the nationally registered copy, to be used by all tenants/outparcel owners in the PCD. Signs are currently ~ helvetica. Comply with this requirement of the city code or file an application for a Community Design Plan appeal from this code provision. (Burger King's letter style must be changed. No letter style information was submitted for the remainina uses.) Page 3 Shoppes of Woolbright PCD - Sign Program File No. MSPM 96-005 I DEPARTMENTS INCLUDE REJECT 19. For the Home Depot property, two pylon signs are shown along the frontage of Woolbright Road, approximately 220 feet apart. The sign code allows only one freestanding sign for Home Depot, on the Home Depot property, therefore pylon signs shall be limited to one. No business identification (sign copy) was /' submitted for the easternmost sign. Provide a note on the master plan that the approval of this sign is limited to location only. 20. Submit a rectified master plan for the Shoppes of Woolbright PCD showing compliance with the conditions of all previous approvals, prior to permits being ~ issued for sign age approved with this request. 21. All monument signs shall provide appropriate, unobstructed cross-visibility at all points of access as described in LDR, Chapter 7.5, Article II, Section 5.H. / 22. Two freestanding (one pylon and one monument) signs are proposed on the Burger King property. The sign code allows only one freestanding sign for Burger King. Therefore, freestanding signs shall be limited to one. Since / there are pylon signs existing and proposed along Woolbright Road, it is recommended that Burger King's sign be located along S.W. 8th Street and not Woolbright Road to minimize the number of signs in the short distance between S.W. 8th and 1-95 alonQ WoolbriQht Road. 23. Submit a rectified master plan for the Shop pes of Woolbright PCD, showing ~ compliance with the conditions of all previous approvals, prior to issuance of any further buildinQ permits within the PCD. 24. Since at this time it is unknown whether the remainder of the PCD will be developed as one large commercial use or multiple stores within a shopping center arrangement, a revised sign program application shall be submitted in the / future simultaneously with a site plan application for the remainder of the PCD, to provide details for store wall signage (in-line tenants), if this type of use is orooosed in the future. 25. It is recommended that all monument signs (including RaceTrac, Burger King, ~ Discount Auto and future parcel tenants) be designed to match the monument sign proposed for RaceTrac and that the size of monument signs be four feet hinh hv ~inht f~~t Innn nn tnn nf ~ ....- &_-" hinh h~!':~ ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 26. Delete #3. 27. Delete #4. 28. Delete #13. 29. Delete #15. Page 4 Shoppes of Woolbright PCD - Sign Program File No. MSPM 96-005 DEPARTMENTS INCLUDE REJECT 30. Reword #18 as follows: Chapter 9 of the LDR, Community Design Plan, Section 10.1.8 allows only one lettering style, in addition to the lettering styles of the nationally registered copy, to be used by all tenants/outparcel owners in the PCD. Signs are currently helvetica. Comply with this requirement of the city / code or file an application for a Community Design Plan appeal from this code provision. (Burger King's letter style must be changed unless the lettering is a registered trademark. No letter style information was submitted for the remaining uses.) 31. Reword #20 as follows: Submit a rectified master plan for the Shoppes of Woolbright PCD showing compliance with the conditions of all previous ~ approvals, prior to platting of Discount Auto (parcel 2). ADDITIONAL CITY COMMISSION CONDITIONS 32. To be determined. 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I ITIVr: ; :' I -~J.F'!U.::1 r A,~~'~~ .~~. ~\ \'~~--"'~'llJ1r! \ PU 1:~~::: I tR:3 fti~\ \~~~\~\l~.. ..~,j \ 1t1~ ~ ~: :' I "....ij::~::=:~(\ 1 ~ ". _:~_. 1 . TIT! [:-;: REC ....l<.~ N~f:8R'~;.4I' <'~f~~\ \~:' / __ l' ,"" T I: " -tr 11fT,' T - /J '- It: L - ..- '~'-.:rA""~ ~ ,'If I - --4,- W ",;?,,,, ~ - ~ f) 1/ ~ J I!J - -- = ) ,1 '.i I," i;~ fL~ '" J .. ijJ IJ'l.iL _'__.-l,.."_~_ CITY of / BOYNTON BEACH @ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435-0310 (401) 734.8111 OFFICE OF THE PLANNING DIRECTOR August 27, 1990 Mr. Robert Gomez 902 Clint Moore Road, Suite 124 Boca Raton, Fl. 33487 ~ I(./J f12p6r"I1/),,\ RE: Shoppes of Woolbright - Site Plan Modification (Signs) File No. 527 Dear Mr. Gomez: Please be advised that on Tuesday, August 21, 1990, the City Commission approved the referenced site plan modification (sign program), subject to staff comments, copies of which are attached, and including the landscape stipulations recommended by the Community Appearance Board (see attached). With respect to the sign variances requested, the City Commission approved only those variances allowing the Home Depot bUilding signs as presented and one freestandin sign limited to 30 feet in height, 150 square feet in size and the J.dentifJ.cation of the pro)e name, Home Depot and ~wo tenants. Said sign snaIl be centrally ~ocated along the Woolhright Road frontag~ with a minimum setback of 10 feet from any property line so as not to conflict with required landscaping and easements. These plans were approved subj ect to your compliance wi th the attached stipulations and must now be modified to incorporate same. To initiate your sign-off procedure, please submit two (2) sets of modified plans to the Office of the Site Development Division of the Building Department, which will record the required identification markings on each set of the modified plans. After each set of modified plans has the appropriate markings, you should proceed with your sign-off on each set of plans from each Technical Review Board member who made comments. The Zoning & Site Development Administrator will provide the Building Department sign-off and is the last Technical Review Board member TO: Mr. Robert Gomez -2- August 27, 1990 to review and sign-off the plans. If the Building Department did not have comments that require sign-off, they are still the last department to handle and process the plans. One (1) set of final signed-off plans will remain with the Building Department and the other set of plans will be returned to you to be retained at the job site. To help facilitate the sign-off process, you should make an appointment to meet with each Technical Review Board member (only those members who made comments), to allow them sufficient time to review and sign-off the modified plans. After securing all the required Technical Review Board member signatures and completing processing by the Site Development Division, you may apply for bUilding permits by SUbmitting the appropriate documents and fee to the Plan Review and Permitting Division of the Building Department. The Building Department will advise you as to any additional permits which may be required, such as Palm Beach Health Department (water and sewer), clearing/grubbing, excavation/fill, drainage, paving, site lighting, landscaping and irrigation. The approval of the City entitles you to construct improvements shown on the site plan. The site plan viewed procedurally as an as-built or record drawing. have any questions concerning this matter, please do not to contact me. only the wi 11 be If you hesitate Very truly yours, CITY OF BO~EACH d::: I ~OLDEN Interim Planning Director JJG:frb Encs cc: Technical Review Board C:ShofWl x MINUTES - REG -_.~ CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Mr. Chuck Capella, representative for the owner, noted his company was not responsible for the banners. Once Mr. Capella has the permit) he estimated the sign could prob~bly be fabricated and installed in about three weeks. Scott Blasie, Administrator of Code Enforcement stated the 30 day clock on the violation had started about two weeks ago, so they were. looking at another two weeks. The restaurant would be brought before the Code Enforcement Board during the third week In September. Mr. Jaeger explained the Sign Code does allow temporary signage once they submit for a permit. They could be issued a temporary sign permit to allow the banners. The ,Mayor thought businesses should be advised of that fact rather than finding out from Code Enforcement. Mr. Jaeger lpdi- cated they have told them that, however, they have to go through the site plan approval process first before they can sUbmit for the permit. Once they submit for the permit, they can sUbmit for the temporary signage. It was noted the Community Appearance Board and Planning & Zoning Board had approved the sign. Johnnetta Broomfield, Director of Community Improvement indicated the sign complied with the downtown sign guidelines. \ \ \ I I , , Vice Mayor Wische moved to approve the sign. Commissioner Olenik seconded the motion for discusa~on purposes. Cynthia Greenhouse, 618 N.E. 20th Lane, 'Boynton Beach stated banner signs are presently prohibi ted. Sh'e made remarks about the three draped banner signs and stat~d the restaurant was requesting approval of a sign\~hen they were in violation. Mrs. Greenhou~e thought the reitaurant had . "tl1umbed its nose" at the CitY'since being cited. and she I explained. " Discussion took place regarding ba ner signs that some I tenants at the Winn Dixie shopping enter had put up during: recent renovation and the fact that ey had also been cited by Code Enforcement. Mr. Blasie indi ~ted all but one ' tenant had removed the banners volunta~~ly. The remaini~g case had been cited. , Mayor Moore called for a vote on the motion. The motion i carried 4-1. Commissioner Weiner voted against the motion." .------- 5. Project: -----.--Sho.ppes of WOOlbright Agent: Robert Gomez, Project Manager Owner: Tradewinds Development Corp. c/o Howard Scharlin Woolbright Rd. at the L.W.D.D. E-4 Location: 11 MINUTES - REC A CITY COMMISSION MEETINu BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Canal, northeast corner SIGN VARIANCE AND SITE PLAN: Request for approval of an amended site ~lan to allow for .project signage Jtm Golden eXplained the TRB recommended appro~al of this request with the exception of the sign variance request which had "to be addressed by the Commission. When this request Went to the Planning & Zoning Board; the Board recommended approval and at that time the developer offered to move the 50' high free-standing sign from the southeast corner of the building to the northeast and reduce the height from 50' to 40'. Description: Vice Mayor Wische reported on the CAB's recommendations. City Manager Miller stated there were two pylon signs, one on the east and one on the West. Staff recommended the east pylon sign, referred to as the liB" sign, (next to 1-95) be eliminated. Mr. Miller stated it was recommended that sign "A" be centrally located somewhere in that vicinity, but kept within the height limitation of 30'. Relative to the other two wall signs, it was recommended that the 720 sq. ft. for the maximum wall signage be allowed and the 150 sq. ft. of signage, with the owner given the discretion of choosing the advertising matter. ----_4___ __ _ __ .---- . ----.. ----.---.- /' Michael Morton. Tradewinds Group. Boca Raton stated they / - w~~~ -~~::~~~ti ng the 50' pylon sign in its ent i rety. They were going along with the recommendations of the CAB, TRB, Planning & Zoning Board and Building Dept. and were requesting the rest of the sign variance be approved. He noted everything else they had presented was approved. with the exception of three items. Mr. Miller indicated a 30' pylon sign remained which would need a variance in connection with the square footage which would be 150 sq. ft. In this district, 80 sq. ft. is the maximum. In connp.ction with the Home Depot liall signs on the front and side of the store, a variance was needed to set the maximum sq. ft. at 720 sq. ft. The Ordinance allows 64 sq. ft. Mr. Jaeger noted this is in a PCD and the Ordinance doesn't really address what happens when you have a building of this magnitude. All it allows per tenant is 64 sq. ft. He thought it was really meant to address strip Shopping centers, however, in a normal commercial zone they Would be allowed 10% of the face of the building which Would be 1,300 sq. ft. A variance request was also needed in connection with the multi-use on the remaining free-standing sign. Staff recom- mended approval of this aspect. 12 MINUTES - REG _~ CITY COMMISSION MEETINL BOYNTON BEACH, FLORIDA AUGUST 21, 1990 c In connection with the remaining pylon sign, Mr. Morton explained the 150 sq. ft. would consist of 72 sq. ft. for the Horne Depot portion, 38 sq. ft. for the Shoppes of Woolbright portion and 30 additional sq. ft. for two addi- tional tenants to go on in the future'~ Mr. Morton calcu- lated even with the two additional tenants listed, there would Bti~lbe 916" of clearance from the bottom of the sign to the ground. Discussion took place regarding the ren- dering which was before the Commission and Commissioner Olenik noted the rendering didn't reflect what Mr. Morton was proposing. Mr. Morton indicated that the rendering was not uP-to-the-minute as some of the decisions were made after the ~~B meeting which was held the prior evening. Mr. --Mo-r-ton---reslJ-orraed--the---srgn-c-onn-gurat 'ro-n--to--b~-l.1sed- wou Id be a compromise between the 50' sign and the 30' sign. You would have The Home Depot, Shoppes of Woolbright and space for additional tenants below it. There would be one sign ins~~~~~~_~w~ s!9!!~~ --Lengtliy discuss ion enslJ"ed;---rt-was---'- --clarified that the wall sign on the west and south ~!~Y?!~!Q~~.~QmQinELq~~Uld total the 720 sq. ft. of signage. ,- --.-.------.. - ---- ) Motion Regarding Sign Variances --._~-----~---------_._- ---..~--------_. -, In connection with the sign variances, Vice Mayor Wische moved to approve the recommendations. Commissioner Artis seconded the motion which carried 5-0. " -......-.--.. Motion Regarding Site Plan Modification Commissioner Olenik moved to approve the site plan modifica- tion for the Shoppes of Woolbright. Vice Mayor Wisch~ seconded the motion which carried 5-0. Mayor Moore called a brief recess at 7:40 P.M. resu~ed'at 7:50 P.M. LE~. " ordinan'~'es - 2nd Readin04blic Hearing '" 1. Proposed Ordinance No. 90-l~ Re: Height Referendum The meeting , " 'City Attorney Ch'e.rof read caption only: "'- ! "AN ORDINANCE OF ~~ CITY COMMISSION THE CITY OF I BOYNTON BEACH, FLORrQA; SUBMITTING TO R ERENDUM AN AMENDMENT TO APPENDIX~A, SECTION 4.F.l (HEIGHT LIMITAT~ONS AND EXCEPTIONS); PROVIDING FOR MAXIMUM dinance No. ~7 b 13 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 'j) k ;}' -1 fy.JI' P lY~vO ) NOVEMBER 19, 1996 City Manager Parker Hill advised that the current Sign Code allows one freestanding pylon sign up to a height of 20'. With a variance, the height could go to 25'. Commissioner Titcomb feels that people driving down 1-95 are not going to get off the road because they see a sign for CarMax. He finds the pylon sign on the site much more attractive than the one proposed for the ramp top and would favor allowing the one on the site. Commissioners Bradley and Tillman agreed. Commissioner Bradley feels the sign at the exit is too big and will take away from the beautifully-landscaped Park. He also feels that the marketing objectives will be achieved with the sign on the premises. Motion Commissioner Titcomb moved to approve Agenda Item VIII-B - Major Site Plan Modification rejecting staff Comment #49, amending Comment #53 to include the phone signage on the poles as necessary, removing staff Comment #60 and proposing that we grant the on-site pylon sign proposed and not the Gateway Boulevard exit sign, subject to all other staff and Planning and Development Board comments that are not in conflict with each other. Commissioner Bradley seconded the motion. Mr. Willard confirmed that this motion includes the deletion of Comment #61. Comment #70 would be revised to indicate that the applicant will have a pylon sign on the CarMax lot. The motion carried unanimously. Description: Shoppes of Woolbright PCD Anna S. Cottrell The Tradewinds Group North side of the intersection of Woolbright Road and SW 8 Street MAJOR SITE PLAN MODIFICATION - Request for approval to modify the approved sign program to include freestanding and wall signage for outparcels and main building tenant(s). c. Project: Agent: Owner: Location: Anna Cottrell. aaent for the aDPlicant. advised that Mr. Morton was present. She explained that RaceTrac was developed as a parcel within the Shoppes of Woolbright. RaceTrac handled the development with their in-house attorney and development people. They were not aware that the sign package was not approved. They opened earlier this year and were issued a permit for one temporary sign on the site. They have never received permits for permanent signs. When the application for permit signs was submitted, RaceTrac was informed that those applications could not be processed without 35 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 an amendment to the overall sign program for the PCD. This request is to modify the master sign program for the Shoppes of Woolbright and an application for a waiver from the guidelines that limit the number of colors within the development. Staff and the Planning and Development Board have approved this request with conditions that were acceptable. There have been recommendations made by staff since that time. The applicant was very happy with the conditions recommended by the Planning and Development Board. However, staff modified Condition #25. "It is recommended that all monument signs be designed ~o match the monument sign proposed for RaceTrac and that the size of the monument signs be four feet high by eight feet long on top of a two foot high monument base." If this limitation applies to RaceTrac, it was not something that came out of the TRC or the Planning and Development Board. This would reduce the sign that has been proposed for RaceTrac by about 50%. What has been proposed for RaceTrac is a monument sign that totals 87.5 square feet. This is only approximately half of what the Code allows (160 square feet). This number is based on the frontage. The recommendation to reduCe it to 32' on a 2' high base results in a 48 square foot total, and is not what is being requested. The applicant is requesting that the limitation to the size be deleted to allow the applicant to have a monument sign which is 87.5 square feet. This would amount to a sign that is 12.5' long by 5' high with a 2' high base. Michael Morton. Tradewinds Development. Boca Raton. Florida. explained that Race Trac had a monument sign, no pylon sign and other building signs they are trying to get processed. With regard to monument signs, there were discussions at the Planning and Development Board relative to Burger King submitting a request for a pylon sign on Woolbright Road. The Planning and Development Board and Planning and Zoning Department recommended it be placed on SW 8th Street. The applicant agreed to that recommendation. They further agreed that on the remaining two outparcels, they would be restricted to monument signs only, and they would be of the same size. These signs would be restricted to colors that would be in compliance with colors that are being approved unless they are national logos. The applicant agreed that the monument signs on Parcel C would be all of the same nature. On the site plan for Burger King, there is a pylon sign which will be moved along SW 8th Street on the southwest portion of their parcel. There are other drive-through signs and identification signs that go along with the Burger King approval. When Burger King came before the Commission, the signs, the colors for the signs and the elevations were all approved by this Commission. Ms. Cottrell continued that there are two outstanding issues. One outstanding issue was whether all signs in the future would be monument signs. The other outstanding issue is the recommendation for the reduction in the size of the proposed sign. 36 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Vice Mayor Jaskiewicz pointed out that the sign RaceTrac is currently using is very readable. and is beautifully landscaped. In her opinion, a big sign would detract from the site. Ms. Cottrell explained that the Code allows two signs up to 160 square feet based on the frontage. The proposed sign is far less than what the Code allows, but they feel it meets their objectives. Ms. Heyden explained that the reason the comment was added by staff was that when staff checked with the City Clerk's Office. they found this issue was left out of the Planning and Development Board recommendations. The problem the board had was trying to stay with what the City Commission had set forth in the last approval (Cracker Barrel). The City Commission was expecting that all future signs would be monument signs. Staff compared the RaceTrac submittal and the site plan for Burger King to see what eac~ applicant was requesting. J3LJlger King wants either a 4' x 4' or 6' x 6' sign. Staff '- recommending aLl:' x_~~_QnJQ.R__QLC3.2'high basE!. RaceTfac is requesting a 5' high x 12.: wide sign on a 2'l2a_$!L. Ms. Heyden explained that there has been a big problem with this application from the start. The sign Code does not allow a 120 square foot sign. It allows that size sign for shopping centers, but that does not mean every parcel within the shopping center IS allowed that size sign. For commercial parcels, a 64 square foot sign is permitted. There is a separate section in the Code for planned districts which references a comparable zoning district. This provides latitude to look at what is appropriate. Staff feels the 4' x 8' sign on a 2' high base ties in what Burger King proposed. Ms. Cottrell said the applications for RaceTrac were submitted months ago. They went through TRC and the Planning and Development Board. There has never been a question about the size of the sign. The application that was submitted very clearly showed the dimensions of the sign. It has never been in question and there was never a comment that it exceeded the sign limitations. Some of the information on the rest of the application needs more details. Ms. Heyden said the reason this was never brought up before was because there was no sign program submitted. When the signage came in for RaceTrac, the entire package was not available and the Building Department did not comment on it. At the Planning and Development Board meeting, they wanted to remove the monument signs from the submittal because there was so much detail missing. Because Discount Auto is in submittal now, and Burger King is in permit, staff did not want the monument signs excluded. Ms. Cottrell said they would like the Commission to approve this request with the Planning and Development Board recommendations. Another item RaceTrac was concerned with 37 'MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 dealt with the timing of the submittal for the rectified master plan. There has been an issue of how that is being processed and the timing of it. This was previously Condition #20. It has been modified and resubmitted as Comment #23. The applicant would like clarification that this applies for permits for buildings, rather than permits for signs. Ms. Heyden said staff has no problem with that request. With regard to the rectified master plan, Mr. Morton said there was agreement that they would take it off for signs. However, the master plan was submitted and has been with the City for over six months. He feels the rectification of this plan is up to City staff, not the developer. The developer prepared a master plan based on the approval received after Cracker Barrel, and it has been in the City for six months. They received a comment that it needs to be rectified again because they submitted for the median openings for Burger King and J?iscount Autq. That has not been fully approved yet. If it has been approved, Mr. Morton can rectify the plan. The plan that is in the process shows the median opening but not the turn lanes. The rectification process cannot be held up waiting for the turn lanes. The plan can be rectified when they come in the next time. Building permits cannot be held up while City staff is holding up the master plan. Mr. Morton met with staff and reviewed this, and it is still not signed off by all of the departments. The rectification of this plan is not in Mr. Morton's control. Ms. Heyden advised that staff met with Mr. Morton yesterday to try to resolve this issue. Staff cannot move on the master plan until Mr. Morton goes back to the traffic consultant to have her revise the traffic study. There are eight comments from the Engineering Department that deal with traffic. Mr. Morton said this had nothing to do with the master plan being rectified. This is a new issue that was just raised over the past four weeks as to how the applicant is viewing a previously-approved median opening. The master plan that was approved when Cracker Barrel was approved is the plan that staff has had for six months. The applicant has not agreed on how to move forward on the traffic issue. Discussion is still necessary. However, the permits for the projects cannot be held up because the traffic engineer is still working on the median opening that the Commission approved a year ago. In looking at the master plan, there was a median opening approved when the Taco Bell came through. That median opening would allow traffic to come out of Taco Bell and go west across SW 8th through the median and go south to Woolbright Road. That median cut is on the plan and is approved. That was also on the site plan submitted for Burger King. The Burger King site plan is approved also. The only comment on the Burger King site plan says "the turn lanes will be by others." Comments made by Bill Hukill and agreed to by the Commission and the applicant were that if a northbound left turn lane was required. or a southbound left turn lane was required, Mr. Hukill would make the final decision of those turning movements. There was never any discussion about eliminating the median opening. When the submittal was made for permitting to build the median, an 38 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 issue came up as to not having the movement westbound through the median and then a left turn south. That was the reason for yesterday's meeting. Mr. Morton has been working with Burger King to encourage them to give up that movement and keep only a southbound left turn. They have not approved that yet, and may not agree to it because they have an approved site plan that shows that median opening. Ms. Heyden reiterated that rectification is in Mr. Morton's hands. In order to shorten this discussion, Ms. Heyden recommended that prior to issuance of any further building permits for the PCD with the exception of Burger King, this master plan must be rectified. Mr. Morton agreed to this recommendation. With regard to the median opening, Mr. Morton said it was approved on the site plan for Burger King as previously submitted, and now staff is trying to eliminate the movement that the opening was designed for. He is not certain Burger King will agree to that. This may have to come back for Commission review. Ms. Heyden pointed out that Comments 20 and 23 are now resolved, and Comment #31 will be deleted. With regard to Burger King, they brought their sign program and building colors before the Commission. The channel letters on the building are the national corporate logo which is acceptable in the Sign Code. The City Commission also approved the building elevations and one contains a box sign. The comments now say it is not permitted to have channel letters and cannister signs on the building. The channel lettering is their national/ago. Ms. Heyden agreed that there wa~ no objection. The third issue involves the pylon sign. The applicant agrees to move it off Woolbright Road and onto SW 8th Street. Ms. Heyden advised that the City Manager requested that she copy the minutes from the meeting in 1990 when the pylon signs were approved. In 1990, the sign program showed two pylon signs. Only one was approved and that is the one that is on the site now. With this submittal, the applicant is requesting another pylon sign for Burger King. Approval of this request would result in three pylon signs. Based on the previous approval, staff recommends allowing only the existing pylon sign on Woolbright Road and that one monument sign be allowed for Burger King. Staff does not recommend allowing a freestanding sign and a pylon sign. Mayor Taylor explained to Mr. Morton his feelings that the City has been very accommodating on this project. He has heard remarks that this project has no unity, and that is because the tenants are coming in one at a time. The City has been very accommodating with regard to colors. Mayor Taylor feels if there is any chance of salvaging any unity, it might be in the signs. He supports the monument signs and is 39 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 against more pylon signs. Monument signs are much more upscale. If monument signs are used, there should be some conformity of size. An 87 square foot sign is huge. Vice Mayor Jaskiewicz feels the 4' x 8' sign on the 2' high base would be much more tasteful. Mr. Morton suggested that if the Sign Code is going to be followed, then a allowable square footage should be followed when doing monument signs. He pointed out that there was never any discussion, nor was there any agreement, that signs should be 4' x 8', That is not what the Code says. This is a new comment which did not exist before yesterday at 3:30 p.m. Mr. Morton appreciates the Mayor's comments with respect to the pylon sign. He recalled that when Cracker Barrel came through, the Commission wanted to put monument signs on all three of the outparcels. Mr. Morton agreed to that request, and agreed to have them at the same size with their corporate logos. He will agree to that again. However, he feels we must be commensurate with what is allowable. RaceTrac has an allowable sign size, and 4' x 8' is not acceptable. Mr. Morton explained that this shopping center consists of two outparcels on the west side of SW 8th Street, and three outparcels on the east side along with Home Depot. The outparcel to the north is where the applicant was hoping to have Walmart. That could end up being another outparcel because Walmart has delayed moving forward. All of these outparcels should be able to have their identity which is a monument sign of a normal size. Mayor Taylor feels their identity is their logo, and they have been permitted to have their :ogos on their parcels. If RaceTrac is granted an 87 square foot sign, it will not be possible to deny that same request to the next tenant. A sign which is 6' high and 8' (the 2' high base included) long is huge. He pointed out to Mr. Morton that the City is permitting the logos and the colors. Ms. Heyden said the problem lies in the Sign Code because it does not address monument signs. Mr. Morton questioned whether the 4' x 8' number is arbitrary. Ms. Heyden responded negatively and explained that she took that figure from the Burger King monument sign and what was turned in for RaceTrac. , Ms. Cottrell said RaceTrac is entitled to two signs, but they have only asked for one. Therefore. the impact will be less. Although Ms. Heyden's recommendation may be the average of what was submitted, it does not reflect the total sign size that was requested and is allowed. Commissioner Tillman feels this 87 square foot sign at ground level is clownish. RaceTrac is adjacent to the intersection. He feels it is ridiculous to manipulate the Sign Code to try 40 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 to put up a sign of this size at this location. Ms. Cottrell said there was never an attempt to manipulate these numbers. She explained that a great deal of this 87 square foot sign is not sign face. It includes the 2' base on which it sits. RaceTrac is not interested in a site that will have such a visible impact that it will look like something contrary to what they want to present to the community. Her comments with regard to the sign are based on what RaceTrac understood from the preliminary discussions and the discussions between the sign company and the building company regarding what they would be allowed to do under the Code. They submitted less than what they were told they would be allowed to do. Mayor Taylor reiterated that the Commission has agreed on Comments 20 and 23 and deleted Comment 31. The only remaining discussion deals with Comment #25. Vice Mayor Jaskiewicz concurred with Condition #25 as written. Commissioner Titcomb is strongly in favor of the monument sign concept for the entire site. He would be willing to slightly increase the 4' x 8' dimensions. but would not be willing to support the proposed sign. Commissioners Tillman and Bradley agreed with these remarks. Mayor Taylor supported Comment #25 as written. Commissioner Titcomb suggested allowing 64 square feet which includes a 2' base. This will provide ~_ 6' x 8' sign on top of a 2' base. The applicants accepted this change. Commissioner Bradley remarked that he would like to see the dimensions somewhere between the 32 square feet and 64 square feet. He suggested a 10' long x 4' high sign on a 2' base. Mr. Morton said this would not work because it is too wide. It would be out of proportion. Commissioner Bradley then recommended a 5' high x 8' long sign on a 2' base. This is an additional one foot over what is recommended. Ms. Cottrell said what would make more sense is the total square footage allowed rather than define the dimensions. The different logos for the tenants will fit in different ways. Mark Gesman. representina Buraer Kina, said he is concerned about the Burger King sign because their logo is more vertical than horizontal. He requested that Burger King be considered when RaceTrac is being considered. 41 - MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 Commissioner Titcomb said his concern is with the continuity of the signs. Logos can be scaled up and down as can typesetting. Consensus There was a consensus of the Commission to allow 56 square feet which would amount to a 5' high x 8' wide sign on a 2' base. With regard to the issue of pylon signs, Mr. Morton said this deals with the two shopping center pylon signs that were on Woolbright Road. When the plan was submitted in 1990, there were two pylon signs included. Both were the subject of variance requests at that time. The one in the southeast corner was to be 60' high. The other sign was slightly east of where the sign is currently located. At a meeting to discuss the height of these signs, the Commission voted to allow one pylon sign at its current height and denied the second pylon sign built at 60'. They did not preclude the second pylon sign. However, they did not grant the height that was requested. These two pylon signs have been on all of the master plans since 1990. In the minutes of one of the meetings, City Manager Parker Hill mentions the fact that we have two pylon signs. City Manager Parker Hill said her remark was that it was Mr. Morton's opinion that he had two pylon signs. Mr. Morton said this has been on the master plan for six years. It was prior to Cracker Barrel and Taco Bell. It was on the plan when Home Depot came in. The reason for the second Shoppes of Woolbright pylon sign is that Walmart would occupy the sign that is presently the Home Depot sign. It would be redone in dark blue. Home Depot would then build their sign on the location shown on the master plan. If Walmart or another major tenant comes into the center, they will be looking for that sign for their identification. Mr. Morton said he is eliminating the wing walls on the original plan and the pylon sign requested by Burger King. Comment #19 requires that a note be placed on the master plan that the approval of this sign is limited to location only. Mr. Morton agrees to this. Vice Mayor Jaskiewicz questioned the relevancy of the 1990 plan to this evening's discussion. She thought that plan was no longer in effect. City Manager Parker Hill explained that Mr. Morton has never submitted the sign package. This is the reason why this issue has been dragging on. All of the discussions this evening should have taken place several years ago. Mr. Morton said the reason why he could not have submitted a full master sign plan that shows every parcel and every store is because they did not know what was going on the site. Without the tenants, it is ludicrous to come in with a sign program. There is no paint in approving Walmart at this time if they are not going to be part of the center. He cannot 42 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 bring in signs for a tenant that does not exist at this time. Mayor Taylor explained that he wants to know that there will be a monument sign on the parcel regardless of who will be occupying the space. In addition, he wants to know how many monument signs Mr. Morton wants in this center. City Manager Parker Hill said Mr. Morton has been picking and choosing when he wants to treat this as a unified shopping center and when he wants to choose this as individual parcels for development. This has been part of the problem. Mr. Morton disagreed with these remarks and said he has an approved site. He questioned whether he is being forced to build what is shown on the master plan. Mayor Taylor responded negatively, and reiterated that he wants to know how many signs Mr. Morton wants. On Parcel C which has Burger King, Discount Auto and another submission, Mr. Morton said there will be monument signs on each of these sites of the size that was just approved. They will contain the logos of the tenants. All signs will be in conformity. With regard to RaceTrac, they have agreed to a monument sign in the size designated this evening. With respect to the 14 acres where Walmart was anticipated, if they do come in, Mr. Morton will change the master sign plan and show a Walmart sign package. If TJ Max and Service Merchandise come in, he will show the Commission a plan and try to get it approved at that time. At this time, he does not know what will be going on the 14 acres. The only other issue involved this evening is that there is an existing pylon sign on Woolbright Road which is shown on the master plan. Mr. Morton always believed he was entitled to that second pylon sign. He is not requesting identification other than location for that sign. Comment #19 indicates that two pylon signs are shown on the Home Depot property frontage on Woolbright Road. The Sign Code allows only one freestanding sign for Home Depot; therefore, pylon signs shall be limited to one. In Mr. Morton's opinion, that one is for Home Depot. The second sign will not be for Home Depot. Mr. Morton agrees to Comment #19 and wants to be certain that on the rectified plan the second pylon sign could be there in the future. Mayor Taylor said he would not agree to that, and the Commission has been clear that they do not want a second pylon sign on Woolbright. Vice Mayor Jaskiewicz asked if the current pylon sign is on Home Depot property. Mr. Morton said it is located on common property between his property and Home Depot. Ms. Heyden said there is no common property in that location. That sign is located on Home Depot property. Mr. Morton said it is part of an REA and both parties have full 43 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 responsibility for the location and maintenance of that sign. Commissioner Titcomb reviewed the 1990 comments. With regard to taking the sign down to 30', the minutes state that there would be one sign instead of two signs. Mr. Morton agreed because at the time, the second requested sign was 60'. Mr. Morton said he agreed there would not be a second 60' sign. In response to Mr. Morton's question, Commissioner Titcomb said the Commission is not taking away the second pylon sign. Mr. Morton's comments in 1990 took away the second sign. It now sounds like Mr. Morton is saying even though these comments were made, because the sign was existing on the drawing, he did not mean what he said. Mr. Morton felt the interpretation in the minutes was that he was withdrawing the request for a 60' high pylon sign in the second location. The way it is written, it appears that they took away the second sign in its entirety. He claims he did not do that. He only withdrew the request for the second pylon sign. Mayor Taylor pointed out that regardless of the interpretation, the Commission has made it clear that they do not want two pylon signs on the property. With regard to Comment #18, Burger King's letter style must be changed. Mr. Morton pointed out that Burger King is a nationally-registered logo. Therefore. this comment should be removed. Ms. Heyden explained that the City must receive the information on the trademark. Once that information is submitted, the comment will be eliminated. Mr. Morton said the information was already submitted and has been before this Commission at the last meeting. Attorney'Cherof asked Mr. Morton to provide a copy of the trademark and the location where it is registered. Attorney Cherof advised that Comments #18 and #31 are rejected. Comment #30 is included. Mr. Morton asked for clarification on Comment #13. Ms. Heyden advised that this issue is addressed in Comments 24 and 28. Comment #13 has been deleted. Motion Vice Mayor Jaskiewicz moved approval of the approved sign program to include freestanding and wall signage for outparcels and main building tenants subject to all staff comments including rejecting Comment #18, reworded Comment #23 with the exception of Burger King, Comment #25 showing the maximum square footage of 56 square feet (5' x 8' on a 2' base) and deleting Comment #31. Commissioner Titcomb seconded the motion which carried unanimously. 44 . . j j r. ~ ".'" "~".:,,.. ".1;:i1Jf' ADDITIONAL CONDITIONS FROM COMMISSION MEETING 1. Submit a rectified master plan for the Shoppes of Woolbriaht PCD. showina compliance with the conditions of all previous approvals. prior to issuance of any further buildina permits within the PCD. excludina the buildina permit for Buraer Kina.