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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/ (, /' .--- ..:.,/'/ , 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. - 2 - 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: - 3 - 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 - - - 13 - - ~ ---------------~--- 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. - 14 - - 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. - 15 - - 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- - - 16 - 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. - 17 - - - --- - -------- - -----~ 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. - - 18 - 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: " '" A <ii 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. .;~ ~ ~ ..~ ~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.) - 19 -