LEGAL APPROVAL
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 7, 1999
A. Project Name. Lowe's Home Center
{Postponed until alter the November 2~ :1999 Planning & Development
Board meeting}
Agent: Robert E. Basehart, AICP, Basehart Consulting, Inc.
Owner' Nayrot Realty, Inc.
Location Southwest corner of 1-95 and Woolbright Road
Description Request to amend the Comprehensive Plan Future Land
Use Map from "Industrial" to "Local Retail Commercial"
and rezone from Planned Industrial Development District
(PID) to Community Commercial (C-3)
ATIORNEY CHEROF ADMINISTERED THE OATH TO ALL THAT WOULD TE5l1FY DURING THIS
QUASI -JUDICIAL PROCEEDING.
Robert Basehart, representing Lowe's Home Center, 333 Southern Boulevard, Suite
200, West Palm Beach, is an AICP Certified Planner Mr Basehart announced that Wayne
Adams, Architect, Mike Reynolds, Project Manager, and Rich Wilson, Engineer, were present in
the audience.
Mr Basehart advised that the overall site is 15.27 acres in size. It is across the street from The
Home Depot and it is at the southwest corner of 1-95 and Woolbright Road. The property
consists of two parcels in the Woolbright Corporate Center plat. Parcell is 9.38 acres and it is
Comp Planned Commercial and zoned C-3 It is not part of this application even though it is
part of the overall site plan. Parcel 3A is the property in question and it is 5.89 acres in size. It
is vacant and is part of the Boynton Commerce Center PID One of the other applications on
the agenda is to modify the PID master plan by removing this parcel from the PID
The applicant requested that this parcel that is in the PID be changed from Industrial to
Community Commercial and rezoned to C-3 for the purpose of combining the sites under a
sir;lgle zoning classification so that it has one set of development standards. The amendments
will not add to commercial uses because the total floor area of the Lowe's Home Center actually
results in a slight reduction in square footage. The application meets the eight criteria in the
Comprehensive Plan for approval of an amendment and meets all concurrency standards for the
Comprehensive Plan and for the zoning level
Mayor Broening announced that staff and the Planning & Development Board recommended
approval of the application with the exception of Condition #10 that refers to the sign. Mayor
Brbening asked if that issue had been resolved.
M~ Basehart said the freestanding sign was redesigned and that redesign reduced it to 17'-10"
w*ich is within the height limits allowed by the Code. Mr Basehart requested that the variance
fo~ the sign height be withdrawn
M~. Basehart announced that the conditions of approval were reviewed for the Comprehensive
PI,n amendment and the rezoning and the applicant is in agreement with all of them
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 7,1999
Commissioner Weiland requested clarification regarding the sign. Mr Basehart said there would
be one sign set in the middle of the property approximately halfway between 1-95 and the
entrance to the Commerce Park. Mr Basehart used the plan to indicate the location of the
sign
Mr Basehart advised that the 29' high monument sign was originally planned for the extreme
northeast corner of the site. That sign has been moved to the center of the site with an
increased landscaped area and redesigned parking area to meet the setbacks. The sign was
r~duced to just under 18'
Mr Rumpf advised that the Planning & Development Board did not have a sign to look at. If
the Commission agrees with the sign that is presented, it must go back before the Planning &
Development Board for approval
ctmmissioner Weiland was of the opinion that there was agreement between the Planning &
D velopment Board and Mr Basehart that this item would be taken care of between the board
ml eting and the Commission meeting so that the issue could be resolved Mr Rumpf disagreed
b~cause the board wants to see the sign. The board members stated that they wanted staff to
ensure that what the applicant does bring back before the board does meet what was
approved
Lee Wische. Chairman of the Plannin9 a. Development Board. pointed out that the
b()ard has had an ongoing situation with items that are subject to staff comment. Once the
board approves an item, they are presented to the Commission, but the board never gets to see
them again The board stipulated that any signs they have not seen that are presented to the
Commission are to go back to the Planning & Development Board
Mr Basehart had no objection to this condition
In~ response to Commissioner Weiland, Mr Basehart said the sign would have a masonry
p~destal. The overall height is slightly less than 18' The sign cabinet will sit on top of a base.
Frpm ground level, it will be approximately 12' to 13' to the precast concrete cap The sign
ca~inet will sit on top of that. It is 614 square feet. This is less than allowed by the Code.
Vite Mayor 1illman pointed out that the Commission has the final say over all issues. However,
h~ pointed out that approval should include a condition that it will go back before the Planning
& bevelopment Board for review
M9tion
,
r
!
Vi,e Mayor Tillman moved that the project named Lowe's Home Center at the southwest corner
of!I-95 and Woolbright Road be approved with the request to amend the Comprehensive Plan
Future land Use Map from "Industrial" to "Local Retail Commercial" and rezone from Planned
In~ustrial Development District (pm) to Community Commercial (C-3) Mayor Pro Tem
Sherman seconded the motion
12
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 7,1999
MAYOR BROENING ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS APPUCAllON
The motion carried unanimously
CONSENT AGENDA ITEMS RELATED TO LOWE'S HOME CENTER:
0.1. Lowe's Home Center (Number of Signs) - SOuthwest comer of 1-95 and Woolbright
Road - Request for relief from Chapter 21 Signs, Article IV, Section 2(B) which limits
a single use to one (1) site sign to allow the erection of two (2) site signs
Mr Basehart explained that an existing sign at the corner of the site announces the Boynton
Park of Commerce. This is a ground sign On the other side of Corporate Drive, there is a
matching sign that forms an entrance into the Industrial Park. The applicant believes this is an
existing, nonconforming off-premise sign. Staff's position is that it is on the site, therefore, it is
a site sign. If that is the case, the applicant needs a variance to allow one additional sign since
Lowe's will have only one freestanding sign
Commissioner Weiland advised that he would not have a problem with this request as long as
the sign at the corner is not deleted and a monument sign added at the northwest corner of the
property at 1-95
I
'jJ M~tion
!', Vice Mayor Tillman moved approval of Consent Agenda Item N-D 1 Commissioner Weiland
seconded the motion that carried 5-0
0.2. Lowe's Home Center (Pole Sign Height) - Southwest comer of 1-95 and Woolbright
Road - Request relief from Chapter 21, Signs, Article IV, Section 2(B) which limits
maximum sign height to 20 feet to allow for erection of a 49 foot high pole sign
Mr Basehart announced that this item wqtg:-wlthd;a~uring the presentation of the Public
Hearing item '------ .-- .-
0.3. Lowe's Home Center - SOuthwest corner of 1-95 and Woolbright Road - Request for
relief from the City of Boynton Beach Land Development Regulations, Chapter 23,
Article 11.(A)(7) which limits the maximum number of driveways along a single
street to two (2), to allow a total of three (3) driveways
Motion
,.-
\
Vice Mayor Tillman moved approval of Consent Agenda Item N-D.3 Commissioner Weiland
seconded the motion that carried unanimously
0.4. Lowe's Home Center - SOuthwest comer of 1-95 and Woolbright Road - Request for a
height exception In accordance with the City of Boynton Beach Land Development
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 7, 1999
Regulations, Chapter 2, Zoning, Section 4.F 1 to allow a five (5) foot increase from
the maximum forty-five (45) foot height limit, or a 50 foot high roof feature at
project entrance
Motion
Commissioner Weiland moved approval of Consent Agenda Item IV-D 4 Vice Mayor Tillman
seconded the motion that carried unanimously
D.7 Lowe's Home Center - Southwest corner of 1-95 and Woolbright Road - Request to
amend the Comprehensive Plan Future Land Use Map from "Industrial" to "Local
Retail Commercial" and rezone from Planned Industrial Development District (PIO) to
Community Commercial (C-3)
Mayor Broening announced that this item was "moot" since it was already addressed under the
Public Hearing.
0.8. Boynton Commerce Center PIO - Southwest corner of 1-95 and Woolbright Road -
Request to modify the master plan including removal of Parcel 3A from the Boynton
Commerce Center PID in connection with the assembly of land for the adjacent
Lowe's Home Improvement Center project
Motion
Vice Mayor Tillman moved approval of Consent Agenda Item N-D.8
In response to Mayor Pro Tem Sherman, Mr Basehart said this is required so that it can
become part of the assembled Lowe's package.
Mayor Pro Tem Sherman seconded the motion that carried unanimously
B.
Project Name
Agent:
Location
Description
F.H. Foster Oil
Joseph J Verdone, Carlton Relds
319 Industrial Avenue
Request for conditional use approval to allow modifications
to fuel dispensers and equipment as required by State
Law, together with the addition of three (3) fuel dispensers
to improve convenience and circulation and landscaping
and parking lot improvements
ATTORNEY CHEROF ADMINISTERED THE OATH TO ALL THAT WOULD TESTIFY DURING THIS
QUASI-JUDICIAL PROCEEDING
]oseoh Verdone. 222 Lakeview Avenue. said the applicant is in agreement with all of the
conditions of approval Mr Verdone met with staff and will be submitting a rectified plan
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