LEGAL APPROVAL
CITY OF BOYNTON BEACH
ORDER
BOARD OF ADJUSTMENT CASE #190
Property Owners:
Boynton Lakes Plaza, Partnership
NW Corner of Plaza Lane and
Boynton Lakes Boulevard
Boynton Beach, FL
The application for a variance of Boynton Lakes Plaza,
Partnership, for relief from Section 5 Article X Parking Lots, for
a reduction of twenty-seven (27) parking spaces, at 4740 North
Congress Avenue, was granted on January 19, 1994. A copy of the
minutes of the meeting reflecting the basis for such ruling is
attached hereto.
Dated: ,. . .. ,,' t{ ~/ 1/
(,
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,
Vernon Thompson
Board Chairman
rrfte City of
tJ3oynton tJ3eacli
100 'E. 'Boynton 'Beadi 'Boufevara
P.O. 'Bo~31O
'Boynton 'Bead;', 1"forUia 33425-0310
City 1fa{l: (407) 375..(j()()()
1"!ifX: (407) 375-6090
January 20, 1994
RE: BOARD OF ADJUSTMENT CASE #190
Mr. Rocky Goins
A.G. Development Company
4014 Gunn Highway
Suite 260
Tampa, FL 33624
Dear Mr. Goins:
Your request for a variance regarding the above referenced case was
approved by the Board of Adjustment at their January 19, 1994
meeting.
If I can be of further assistance, please contact me.
Sincerely,
/' . -till
d~ .~~~~
Tambri J. He~n
Acting Planning and Zoning Director
TJH/cmc
a:plazalane
xc: A1 Newbold
Ylnuricas (jateway to the (julfstream
MINUTES - BOARD OF ADJUSTt' r MEETING
BOYNTON BEACH. flORIDA
JANUARY 19. 1994
NW corner of PllZI LIne lnd Boynton LIkes Boulevlrd
Boynton Lakes Plaza. Partnership
A variance to reduce the required number of parking
spaces for the Boynton Lakes Plaza Shopping Center.
The request is for a reduction of twenty-seven (27)
parking spaces. There are 671 parking spaces pro-
vided at the site. The spaces serve a total of
132.615 square feet of building area.
Secretary Houston read the request and the applicant's response to the require-
ments for the granting of a variance.
Case '190
Property Owner:
Request:
The application explained that the landowner has been unsuccessful in closing a
contract on Outparcels "A" and "B" for the last two years because when the
footprint of the prospective tenants are inserted on the outparcels. the
footprints eliminate parking spaces because of its configuration or loading
area. The entire development, including outparcels, was reviewed collectively
when the City calculated the parking space requirements. The outparcels have
cross-access and cross-parking agreements with the entire development.
Rocky Go1ns~ A.G. DeveloDmtnt GrouD, Inc., said this development has been under
design for approximately eight years. This construction failed many times and
A.G. Development purchased it from RTC. Prior to the purchase, many discussions
were held with the Planning Department regarding what could be developed.
Mr. Goins displayed a site plan and explained that the outparcels have not
changed in size from what was originally approved. However, once the building
design was submitted, the Building Department modified it for Code reasons. It
was necessary to install two fire corridors, and a room for a fire riser for
Winn-Dixie. Because the project is eight years old, Winn-Dixie requested the
use of a new prototype which increased their back rooms and storage areas. The
increase in size was not due to the addition of tenants, but because of storage
areas and for safety reasons. These areas do not generate traffic.
The applicant is requesting the reduction of parking spaces by 4% (twenty-seven
spaces). The applicant feels the request is justified because of the require-
ments of the Building Department. The approval of the variance request will
permit the construction of the outparcels according to the original plan which
was approved. Mr. Goins pointed out that the developer had to add 6,521 square
feet of safety and storage areas which amounts to thirty-three (33) parking
spaces. This area will not generate any additional traffic into the center.
Mr. Sechter confinmed that Mr. Goins is requesting a decrease in the parking of
4% to increase the flexibility of the entire plaza.
In response to a question from Vice Chainman Uleck, Mr. Goins explained that all
parking spaces have been built. However, he is requesting the flexibility of
removing the spaces if necessary to accommodate an outparcel tenant. Mr. Goins
advised that the developer does not intend to increase the size of the
buildings. However, because the dead space square footage has been included in
the calculations, the buildings cannot be built as proposed. They need the 4%
reduction to build as originally proposed.
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MINUTES - BOARD OF ADJUSn T MEETING
BOYNTON BEACH, FLORIDA
JANUARY 19, 1994
Phyllis Dolaslager, 2770 Floral Road, expressed concern that the parking at
Boynton Lakes Plaza not turn out like the parking at Meadows Square.
Mr. Goins stated that Boynton Lakes Plaza has more parking per square foot
building than Meadows Square. He claims the parking ratios throughout the State
have gotten more strict since Meadows Square was built.
Mr. Haag said that unless Meadows Square received a variance, they would have
the correct amount of parking spaces per Code. The Code requires one space for
every 200 square feet of leasable space, and the Code has not been changed since
that center was built. Mr. Haag pointed out that Meadows Square has parking
behind the store, but many people do not like to use those spaces.
Calvin Cearley, President, Chamber of Commerce, 639 E. Ocean Avenue, spoke in
favor of granting this variance. The addition of two outparcels will probably
employ thirty (30) people and the Chamber is anxious to bring in as many busi-
nesses as possible.
THERE WAS NO ONE ELSE WHO WISHED TO SPEAK ON THIS APPLICATION.
Ms. Solomon was in favor of approving this application because the reduction of
twenty-seven (27) spaces is reasonable.
Mr. Miriana supports the granting of the variance because it is only a 4% reduc-
tion and some of the square footage has been taken up by space which will not
generate traffic.
Mr. Garnsey also supports the granting of this variance because 4% is not a
significant reduction and it is important to bring businesses into _ the City
to increase the tax base so that citizens will not have to pay higher taxes and
fees for disposal of trash, e~c.
Vice Chairman Uleck also supports the 4% reduction because he feels it is a fair
request.
Motion
Ms. Solomon moved that we approve the reduction of twenty-seven (27) parking
spaces at 4740 North Congress Avenue. Mr. Sechter seconded the motion. The
Recording Secretary polled the vote, which carried 7-0.
Case #191
623 Railroad Avenue
George Culverhouse
A variance to reduce the required number of parking
spaces for an Auto Body Repair business. The request
is for a reduction of seven (7) parking spaces. There
are eleven (11) parking spaces existing on site. The
new use will require a total of eighteen (18) spaces.
Secretary Houston read the request and the applicant's response to the statement
of special conditions, hardships or reasons to justify the granting of a
vari ance.
Property Owner:
Request:
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c
(
NOTICE OF PUBLIC BEARING
NOTICE IS HEREBY GIVEN that the following application has been made
to the BOARD OF ADJUSTMENT OF THE CITY OF BOYNTON BEACH, FLORIDA,
for the variance as indicated, under and pursuant to the provisions
of the Zoning Code of said City:
Case #190
OWner/Agent:
Boynton Lakes Plaza, Partnership (OWner)
Rocky Goins (Agent)
Requested
Variance:
The applicant is requesting to reduce the
required number of parking spaces for the
Boynton Lakes Plaza Shopping Center. The
request is for a reduction of twenty-seven
(27) parking spaces.
Location:
Northwest corner of Plaza Lane and Boynton Lakes
Boulevard
Legal
. Description:
A parcel of land lying in Section 8, Township 45 South, Range
43 East, Palm Beach County, Florida, said land being more
particularly described as follows:
commencing at the Northwest corner of said Section 8;
thence North 85 degrees 10'24" East, along the North line
of said Section 8, a distance of 60.01 feet; thenee South
03 degrees 40'59" East, a distance of 28.01 feet: thence
North 85 degrees 10'24" East, a distance of 190.00 feet
for a Point of Beginning (P.O.B.): thence continue North
85 degrees 10' 24" East, along the South Right-of-Way
line of Hypoluxo Road, a distance of 644.15 feet; thence
South 49 degrees 49' 36" East, along the West Right-of-Way
line of Boynton Lakes Boulevard, a distance of 35.36
feet; thence South 04 degrees 49' 36" East , continuing
along said West Right-of-Way line, a distance of 612.00
feet to the Northeast corner of BOYNTON LAKES PLAT NO.5,
P.U.D., according to the plat thereof, as recorded in
Plat Book 52, Pages 105 through 108, inclusive, Public.
Records, Palm Beach County, Florida; thence South 85
degrees 10' 24" West, along the Northerly boundary of said
Boynton Lakes Plat No.5, a distance of ~61.57 feet to
the intersection thereof with the East Right-of-Way line
for Congress Avenue, said East Right-of-Way line being a
curve, concave Westerly, having a radius of 5789.58 feet
and a radial line passing through this point bears South
85 degrees 39'02" West; thence Northerly, along said East
Right-of-Way line, through a central angle of 00 degrees
50' 37", a distance of 85.25 feet to a Point of Tangency;
thence North 05 degrees 11' 35" West, continuing along
said East Right-of-Way, a distance of 178.82 feet to the
Point of Curvature of a curve to the right, and having a
radius of 11399.16 feet; thence Northerly, along said
curve and said East Right-of-Way, through a central angle
of 00 degrees 46'08", a distance of 152.97 feet to the
end of said ';';,,,u,,vd; \..hence North 85 degrees 10' 24" East,
a distance of 193.43 feet; thence North 04 degrees 49' 36"
West, a distance of 219.96 feet to the Point of Beginning
(P.O.B.).
Containing 11.63 acres, more or less.
Said lands situate, lying and being in Palm Beach County,
Florida.
JAN -I.
00
NOTICE OF PUBLIC HEARING
Page Two
A PUBLIC HEARING will be held relative to the above application by
the BOARD OF ADJUSTMENT at City Hall, West Wing Conference Room
"C", Boynton Beach, Florida, on Wednesday, January 19, 1994, at
7:00 P.M.
Notice of a requested variance is sent to property owners within
400 feet of the applicant's property to give them a chance to voice
their opinion on the subject. Comments may be heard in person at
the meeting or filed in writing prior to hearing date. If further
information is desired, call 375-6061, City Clerk's Office.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Board of Adjustment with respect to any
matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, C.M.C.
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
January 3 and 6, 1994
,
MINUTES - REGULM CITY COMMISSION MEETING
aOYNTON 'EACH, FLORIDA
DECDeER 21. 1993
Mot' on
Mayor Pro Tem Matson moved to adjust the allowance to $600 per year.
CommIssIoner Walshak seconded the motion. A roll call vote was polled by Clty
Clerk Sue Kruse. The vote was 3-2. (Mayor Harmening and Vlce Mayor Agutla cast
the dissenting votes.)
S. Artlcle !Z = Group Insurance
Motton
Commisstoner Katz moved to restore the $7.00 per month. Commlss1oner Walshak
seconded the motton.
In response to Vice Mayor Agutla's question, Clty Manager Miller stated that lf
one half of all of the Pollee Union members take thts Insurance, the total cost
would be approxlmately $3,300 per year.
The motion carrted 4-1. (Mayor Harmening cast the dissenting vote.)
Matton
VIce Mayor Agul1a moved to freeze the step increases for the balance of the
flscal year. Commtssloner Walshak seconded the motlon which carrled 5-0.
MAYOR HARMENING DECLARED A SHORT RECESS.
Vice Mayor Aguila did not return after the break.
Mayor Harmening polnted out that Executlve Sesslons regardlng Unlon negotlatlons
are held all year long where the Commlss1on agrees to one thing. Then, when an
tmpasse hearlng ls held, the Commtsslon glves everything away.
VII. PUBLIC AUDIENCE:
None.
<<
VIII. DEVELOPMENT PLANS:
A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT
BOARD
None
B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING &
DEVELOPMENT
1. Project: Boynton Lake' Plaza
Agent: Terry Harms
Owner: Boynton Lakes Plaza Partnershlp
Locatlon: Boynton Lakes Boulevard at Plaza Lane; northwest
corner
Descriptton: SIGN PROGRAM: Request for modification to the
approved sign program
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MINUTES - REGULAR CITY COMMISSION MEETING
80YNTON BEACH. FLORIDA
DECEMBER 21. 1993
Ms. Heyden made the presentation. The current s1gn Code was adopted pr10r to
adoption of the conceptual site plan review process. S1gn programs are dif-
ficult to process because staff does not have a clear consensus Of what consti-
tutes visual hanmony. This request has been forwarded to the City Comm1sslon as
an appeal after the Plann1ng and Zon1ng Department denIed the sIte plan modifi-
cation which was requested to the sign program. The orlg1nal sign program was
approved In 1990. The denial was based on lack of v1sual hanmony related to the
coloring, letter style and configuration proposed. Ms. Heyden displayed photos
of the signs in five shopping centers in Boynton Beach.
The existing sign program for Boynton Lakes Plaza allows letter styles to be
used that are associated with a corporate logo; however, the color Is limited to
"Terra-Sand". All other tenant signage would be Fritz Quadrata letter style of
the "Terra-Sand" color. Logo symbols have not been addressed In that program.
With the proposed sign program, all tenants having a corporate identity would be
allowed to use their logo letter style, design and colors. All other tenants
would be limited to the Fritz Quadrata letter style and red signage.
The Planning and Zoning Department feels the proposed sign program leaves the
signage wide open with no unifying elements. When this request went before the
Planning and Development Board, there was no overwhelming consensus regarding
the signs, but it was recommended that the request be approved subject to
staff's revised sign program and that the approval be subject to no signs being
placed on the building towers.
MS. Heyden reviewed staff's recommendations.
Non-anchor tenants in the main shopping center building
All logo signage would be allcwed which would include letter style and colors.
Each tenant logo slgnage would be limited to 30 percent of the total allowed
tenant signage and the remaining 70 percent would be the Fritz Quadrata letter
style with red faces and the dark bronze returns. There would be a maximum
height for the Fritz Quadrata letter style of 30" and the maximum sign length
would be 80 percent of the tenant frontage. The allowable tenant sign wl~h
would be located no less than 12" up from the bottom of the sign fascia ana no-
more than 12" down from the top of the sign fascia.
Anchor tenants
For anchor tenants, which staff defined as tenants with a minimum of 14,000
square feet, if there was no logo, then the letter style would be Fritz Quadrata
with Individual internal Illuminated channel letters. The letter face would be
red and the returns would be bronze.
In response to Mayor Pro Tem Matson's question, Ms. Heyden advised that the
color red was part of the original sign program. Most of the anchor tenants
have red signs, or are willing to make their signs red.
51gnage would be limited to the front of the main building and could not be
closer than 12" from the top and 12" from the bottom of the sign fascia.
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MINUTES - REGULM CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 21. 1993
Outparcels
Logo stgnage woul~ oe allowed. If there Is no logo slgnage, the letter style 15
to be FrItz Quadrata, red with bronze returns.
DiCk J"~l'. 7656 Br1dl1n~ton Or1ve. Boynton Be,ch, will be a tenant at this
plaza. e circulated a rendering Of the slgnage planned for R.J. Gator's. He
poInted out the Importance of the logo colors confonnlng with the franchise
colors. The colors provide an Identity.
~OCkY G01nSt AG Oevelop,rs, explained that retailers rely on the1r nat10nal
ogos to br ng them business. When they are not allowed to have the1r logos,
they wIll not go Into the shopping center.
Commtssloner Katz poInted out that because his work requires him to v1s1t many
strIp shopping centers 1n Broward and Palm Beach Counties, he 1s aware of the
fact that many nat10nal chains have been forbidden to 1ncorporate the1r logo
slgnage In towns with str1ct regulations.
Mr. GoIns advIsed that following the PlannIng and Development Board meeting, he
has arrIved at a compromise with his tenants. He read from hIs letter to MIke
Haag dated December 17, 1993. (A copy of that letter Is attached to the orIgI-
nal copy of these mInutes on f11e In the CIty Clerk's Office.)
There are four anchor tenants with at least 10,000 square feet of space. They
have agreed to delete the raceway. The 12" marg1n was decreased to 5" to accom-
modate the OW" in the Walgreen's signage. All anchor tenants have agreed to use
red letters with bronze returns.
The outparcel buildings will be attaching the1r sign letters to the bu11ding.
They are not be1ng required to use a raceway.
With regard to the in-line tenants, they have agreed to l1m1t the s1gn colors to
red, but requested wh1te as an alternate if a multi-store tenant refuses to
elect red as a color. Mr. Goins advised that the Planning and Development Board
required 70 percent of the s1gn to have Fritz Quadrata letter1ng. He 1s
opposed to thIs requirement and pointed out on the photos supplied that ~ltl-
chaIn tenants in other shoppIng centers In Boynton Beach have been allowed to
use theIr scr1pt.
Mr. GoIns also poInted out that a few of the tenants will have a logo symbol.
In the sp1r1t of compromise, Mr. GoIns agreed that these logos will be limIted
to no more than 30 percent of the slgnage. He said that th1s sign criteria Is
much stricter than what was orlg1nally approved for this project in 1990.
He urged the CommIssion to approve the sign criteria as amended in his letter of
December 17, 1993.
CommIssIoner Walshak asked for clarification of staff's pos1t10n on Mr. G01ns'
requests. Ms. Heyden stated that, In general, she does not have a problem with
an additional color being introduced. She does have problems with a multitude
of colors, letter styles and no unifying sign 10cat10ns.
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MINUTES - REGUlAR CITY CClM4ISSIOH MUTING
BOYNTON lEACH. FlortlOA
DECEMBER 21. 1993
Ms. Heyden referred to tht December 17. 1993 letter and said that she has no
problem with '1 regard1ng 1ntroduc1ng another color. Regarding '2, she 1s not
attached to the Fritz Quadrata letter style and has no problem with another
letter stylt or several other letter styles be1ng added to the pool of ch01ces.
She would not have a problem w1th the use of a scr1pt letter style for the
nat10nal cha1n tenants.
With regard to '3, Ms. Heyden clar1f1ed that Mr. Goins has agreee to 1im1t the
symbol or plctorlal to 30 percent wlth the rema1nder of the s1gn be1ng red or
white with the nationally-recognized letter style. While staff recogn1zed the
need of certain compan1es to have thelr logo symbols, they feel a 11mltatlon is
necessary. Thirty (30) percent would be for the logo symbol and the 70 percent
would be the unlfylng element for the center. Ms. Heyden p01nted out that her
problem with 13 as wrltten means that the ent1re logo symbol could be spread out
within 100 percent of the slgn area, but the total could only be 30 percent.
In an attempt to clarify the meanlng of 13, Mr. Golns explalned that by taking
the square footage of the slgn, 30 percent of the square footage of the sign
would be used for the logo symbol. Mr. Goins stated that margins have been
created which Is space that cannot be used by any tenant. These margins create
the spacing for the signs to be centered over the bus1ness. If that space is
100 square feet, they could only use 30 square feet for the logo symbol. Ms.
Heyden used a photo wh1ch was available to try to clar1fy staff's recommenda-
tion. She explained that staff proposed that 30 percent should the symbol,
the color and the style and the rest of the 70 percent would be the unifying
letter style.
Mr. Goins expla1ned that the Planning and Development Board wants to use Fr1tz
Quadrata letter style. He and h1s tenants are strongly opposed to d01ng that.
If they have a logo symbol, no more than 30 percent of the1r square footage can
fit the logo. Staff is requiring that Fritz Quadrata be used. Us1ng the R.J.
Gator's rendering, Ms. Heyden explained that 30 percent of the 100 percent of
allowable slgnage would be the symbol and the name of the estab11shment, "R.J.
Gator's". The remaining 70 percent would be the Fr1tz Quadrata letter style
advertising, "Neighborhood Grill & Bar".
After lengthy discussion, Commissioner Katz conf1rmed that agreement had be1fn
reached on the use of the colors red or white for the s1gnage. He suggested
elIminating the logo symbols and keepIng only the lettering logos. The tenaRts
could then use whatever lettering logo they possessed. Mr. Gpins explained that
the trademarks are 1mportant to the tenants because they br1ng 1n money.
Commissioner Katz does not feel these businesses will make less money 1f their
symbol logo is eliminated from the slgnage. Mr. Goins sa1d the center lost
Outback Restaurant as a tenant because agreement could not be reached with the
City to allow them to use their colors on their building. That was a loss of
$500,000. Goodyear was dropped from the shopp1ng center because of Comm1ssion
concerns. McDonald's is prevented from ever coming into the center because they
require "golden arches" as part of their signage and yellow is not permitted in
the center.
Mayor Harmening sa1d there are many shopping centers throughout Boynton Beach
which have high vacancy rates; however, the Shoppes of ~oynton has a h1gh occu-
pancy rate. He agrees with the concept of improv1ng the overall appeerance of
the City and thinks the only people who will be affected by the national 109-
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MINUTES . REGULAR CITY COM4ISSION MEETING
8QYNTON lEACH. FLORIDA
DECEMBER 21. 1993
are transIents. People l1vlng In the area know the 10cat10ns of these natIonal
chaIns. He would. howevlr. lIke to help both the owners and thl tenants stay In
buslne".
Mayor Pro Tem Matson would also lIke to help the business peopll, but poInted
out that the CommIssIon Is not selectIvely enforcIng thl Codl. When PolIo
TropIcal appeared before the CommIssion. they were not pennltted to use the
chIcken as part of their logo. and Blockbuster VIdeo was requIred to have the
yellow awnIng Instead of the blue In Cross Creek ShoppIng Center.
In response to Mr. GoIns' questIon, It was conflnned that the CommissIon had no
problem with the anchor tenants beIng any tenant with 10,000 square feet of
space or more.
In terms of a logo symbol, Mayor HarmenIng suggested limItIng the sIze to 20
percent of the overall allowable sIgn. Mr. GoIns was agreeable to that compro-
mIse. CommIssioner Katz felt no colors except the red or whIte should be
permitted.
WIth regard to script. Mayor Harmening poInted out that although they may not
blend, they dO not clash. Ms. Heyden was more opposed to mixIng colors than
mIxIng letter styles. CommissIoner Katz was agreeable to allowIng logo let-
terIng but keepIng the colors unIform.
Ms. Heyden confIrmed for CommIssioner Katz that she has no problems with '1. If
it has been established that the CommIssIon does not want to adhere to the 30
percent/70 percent, then '2 Is acceptable. Mayor Harmening explained that the
80 percent/20 percent agreed to earlier deals only wIth the emblem.
Mayor HarmenIng advIsed that the Commission must make a determInatIon on the
variety of script letter styles. Mr. GoIns saId they had made many compromIses
In thIs process and requested they be allowed to have the same options other
shoppIng centers have had. Commissioner Walshak feels that the fact that these
tenants have nationally-registered logos should qualify them.to use their logos.
Ms. Heyden poInted out that If the CommissIon approves that, approxImately 60
percent of the tenants In the maIn buIldIng will each have a letter style.
CommIssioner Katz had no problem with that as long as the colors are unlfo~.
Mayor HarmenIng clarIfied that the tenants could have all of the natlonally-~
registered scripts they want and 20 percent of the sIgn could be devoted to an
emblem. The remaInder of the tenants wIthout nationally-regIstered logos must.
have the prescribed letterIng. The symbol logo (emblem) can be In any color
whIch Is part of the natIonally-regIstered trademark. Mr. GoIns was agreeable
to thIs compromIse. Commissioner Katz would not support allowing the emblem to
be any color.
CommissIoner Walshak confIrmed that the CommIssIon was In agreement on approvIng
the square footage of the anchor tenants from 14,000 square feet to 10,000
square feet. Also, It was agreed that all tenants, wIth the exceptIon of
Walgreen's, wIll have slgnage lImited to margIns of 12" from the top and 12"
from the bottom. The "W" in Walgreen's will be allowed 5" down from the top and
5" up from the bottom.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYHTOH BEACH. FLORIDA
DECEMBER 21. 1993
Mot'on
Comm1ssioner Katz moved that we go along wtth whatever the Acting Planning
Director is comfortable wtth except '3 of Mr. Goins letter of December 17, 1993,
where we eliminate any multi-colored symbol logos, Mayor Pro Tem Matson
seconded the motion.
Mr. Goins stated that the Comm1ss10n 1s decreastng his ability to attract
tenants and he did not feel thts was fatr. He dtd not feel the Commtsslon was
compromistng. Mayor Pro Tem Matson explained to Mr. Goins that the Commtss1on
had compromised by allowtng the change of letter style, allow1ng two colors.
allowing the logo lettering and taking away the Terra-Sand.
Attorney Cherof requested the motion be clartfted by Commtssioner Katz.
Ms. Heyden clartfted that she would be comfortable with the following:
For 1n-llne Tenants, anchors and any tenant wlth a logo or trademark,
the symbols or p1ctures are ltmited to 20 percent, wtth symbols
limlted to red and white. The trademarks must be nationally
registered. Lettering style can be red or white and any type of
lettering 1s penm1tted.
Anchors will be tenants who occupy 10,000 square feet or more.
Walgreen's is penm1tted to have the 5H margins, but all others
must have 12" margins.
The colors on the symbol logos must be red or wh1te, or red and
white.
Outparcels w111 be handl~d as specified 1n Mr. G01ns letter to
Mr. Haag dated December 17, 1993.
Mr. Goins requested penmiss10n to use colors on the logo symbols and offered to
limit the number of colors to five in order to allow flexibillty in deallng wlth
natlonal chains.
~
Mr. Jall1e stated he was perplexed at why this issue was so difficult since
these logos stand as t~y are throughout the county. Mr. Golns agreed wlt~ that
statement and felt this dlscussion was unbelievable. Ms. Heyden agreed that if
the symbols are to be allowed. they should be the colors that are associated
with the symbol.
After discussion, Mayor Harmen1ng confirmed that there was a consensus of the
Commission that as long as the symbol is only 20 percent of the sign logo, the
colors will be limited to f1ve. The tenants may use a copyrighted script.
Commissioner Katz withdrew his motion and Mayor Pro Tern Matson withdrew her
second.
Motton
Mayor Pro Tern Matson moved to approve what is in Mr. Goins' letter with regard
to #1, #2 and #3 wtth the change that 20 percent of the1r s1gn space be 11m1ted
to five colors. Comm1ssioner Katz seconded the mot1on.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 21, 1993
Mr. Goins requested that all colors be pennltted on the 20 percent of the sign
space.
Mayor Pro Tern Matson and Commissioner Katz agreed to the change. The motion
carried unanlmously.
Ms. Heyden asked If these proceedings are an lndlcatlon of how the Commlsslon
would like the sign program handled ln the future. Mayor Pro Tem Matson
suggested ellmlnatlng the Community Deslgn Plan and addresslng crlterla everyone
can live with.
Boynton Nurserte, PUG
Roger G. Saberson
Boynton Nurserles
Lawrence Road at L.W.D.D. L-21 Canal; northwest
corner
TIME EXTENSION: Request for a one-year tlme exten-
slon to concurrency exemptlon and to fl1lng a pre-
11mlnary plat
Ms. Heyden made the presentatlon. Thls project was approved ln 1990 for 400
units. Thls ls a request for a thlrd one-year time extenslon to the explratlon
of thelr concurrency for traffic, dralnage and nelghborhood parks, PUD zonlng
and master plan. The current extenslon expires on March 5, 1994. unless the
preliminary plat appllcatlon has been flIed by that date. The applicant wishes
to extend thls until March 5, 1995. The Plannlng and Development Board recom-
mended approval of a slx-month extenslon.
2.
Project:
Agent:
Owner:
Location:
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A
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Descrlptlon:
Even though the tlme extension would exempt them from traffic, dralnage and
nelghborhood parks, when the proposal came through, dralnage and nelghborhood
parks met the current level of service. Ms. Heyden contacted the County to see
what roadway 11nks mlght be lmpacted lf they were subject to current traffic
levels and they lndlcated that Gateway Boulevard and HYPoluxo Road would be
Impacted.
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~o,er Saberson sald a contract currently exlsts wlth Pulte Homes.
n ortunately, Boynton Nurseries 15 not a developer. Under the contract, Pulte
wll1 do a number of studies and tests prlor to expendlng the funds to preptre -
and fl1e the prellmlnary plat. The engineering fees for the prellminary plat
could amount to $150,000-10 $170,000 for the project. The problem for Boynton
Nurseries is that as Pulte moves forward, if they do not wlsh to proceed with
the project near the end of the six months, Boynton Nurserles will need the
additional slx months to get another developer on board.
Motlon
Commissioner Walshak moved to approve the request in VIII-B.2. Mayor Pro Tem
Matson seconded the motion.
Commissioner Katz polnted out that a six month extension would actually provide
nine months because it expires on March 5, 1994.
Mr. Saberson feels that amount of time would be necessary to secure the services
of another developer.
The motion carried 3-1. (Commissioner Katz cast the dlssentlng vote.)
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