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LEGAL APPROVAL Meeting Minutes Planning and Development board Boynton Beach, Florida 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: November 27,2007 Ticket Clinic (ANEX 07-001) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Jer Enterprises, LLC 3349 North Federal Highway (South of of Turner Road on the east side of Federal Highway) Request to annex the subject property (0.37 acres) Ticket Clinic Land Use Plan Amendmentl Rezoning 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Proposed Use: Ticket Clinic New Site Plan 3. PROJECT: AGENT: OWNER: LOCATION: Ticket Clinic (LUAR 07-005) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Jer Enterprises, LLC 3349 North Federal Highway (South of of Turner Road on the east side of Federal Highway) Request to amend the Comprehensive Plan Future Land Use Map from CHIS Commercial High/with underlying medium density residential of S du/ac (Palm Beach County) to Local Retail Commercial LRC; and Request to rezone from CG General Commercial (Palm Beach County) to C-3 Community Commercial. Professional Office Ticket Clinic (NWSP 07-006) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Jer Enterprises, LLC 3349 North Federal Highway (South of of Turner Road on the east side of Federal Highway) 3 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27,2007 DESCRIPTION: Request for new site plan approval for the redevelopment of a 2,400 square foot commercial structure and related site improvements on 0.37 acres to be rezoned C-3, Community Commercial. Mr. Breese suggested all four items, Annexation, Land Use Plan Amendment, Rezoning and the New Site Plan, be discussed collectively. However, each item would require separate motions upon the conclusion of discussion. The board concurred. Attorney Alexander administered the oath to all who would be testifying. Bradley Miller, Miller Land Planning Consultants, Inc., 420 West Boynton Beach Boulevard, advised he represented the applicant for all four items. Mr. Breese provided a brief PowerPoint presentation on the four items being considered. The property was located on the east side of Federal Highway, just south of Turner Road. Adjacent uses included: To the north, developed commercial property within Palm Beach County; to the south, a City-approved project for 22 townhomes (Tuscan Villas); to the west, right-of-way for Federal Highway; and to the east, a residential subdivision (Tradewinds Estates). As noted, the applicant was requesting the following: (1) annexation of the 0.37 acre parcel; (2) a change in land use from County CH/S, which was Commercial High, to a Local Retail Commercial (LRC) within the City; (3) a change in zoning from CG General Commercial in the County, to C-3 Community Commercial within the City; and (4) a site plan approval for building and site improvements for a 2,400 square foot structure. The applicant proposed to improve the existing structure with architectural details, paint, awning, decorative shutters and the removal of an overhead door installed by the previous tenant. Improvements were also anticipated to the parking lots, drainage system, and a six-foot buffer wall against the residentially-zoned properties. The 14-foot high monument sign on the property did not conform to the City's Sign Code, which only allowed 8 feet in height. The sign also encroached into the City's mandatory setback, which was within five feet from the front property line, rather than the minimum ten feet required. The City's Sign Code required all non-conforming signs annexed into the City be brought into compliance within six months. The sign appeared to have no preexisting approval at the County level, and staff recommended it be brought into compliance as a condition of the annexation. Existing signs along the corridor represented a combination of commercial signs from the 1950s and 1960s, as well as a new mix of signs for the projects that had been approved on south Federal Highway. These consisted of stucco, tile, channel letters and external illumination. The 4 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27,2007 City wished to proceed in this direction, rather than continue with the raised, internally illuminated signs. Staff recommended approval of the annexation, land use amendment and rezoning as the annexation was consistent with the objectives of the City's annexation program, the land use and rezoning were consistent with respective current designations in Palm Beach County, and the request would not create additional impacts on infrastructure that could not currently be accommodated by the City. Additionally, staff recommended approval of the site plan, subject to the conditions of approval noted. Mr. Miller advised he provided the City with an alternative plan proposing to relocate and lower the sign in order to meet the height and setback requirements. He provided a brief PowerPoint presentation with regard to the alternative plan. The sign appeared to be stark, but this would change as the site was developed. Mr. Miller and his clients had issues with condition #2 of the land use amendment and rezoning, and condition #27 of the site plan, which he contended called for the creation of a residential sign for a commercial project. They agreed to shift the sign to meet the lO-foot setback requirement, and to reduce the height to meet the 8 foot requirement. He noted the importance of the sign face in terms of visibility. In addition to the annexation, land use amendment, rezoning and site plan approval, they requested the board consider eliminating condition #2 of the land use amendment and rezoning, and condition #27 of the site plan. Ms. Jaskiewicz commented on the garishness of the colors and cluttered wording on the sign. Mr. Miller contended the City required the sign indicate the nature of the business, and the colors were the corporate colors of the business. Mr. Breese advised staff did receive the alternative plan referred to by Mr. Miller. Staff preferred to have the sign mirror the colors on the building rather than having randomly-selected colors. In considering the appearance of a corridor, staff determined the color and style desired. Muted, soft earth-tone colors were selected, which were residential in nature and predominant in the redevelopment of South Federal Highway. Acting Chair Casaine inquired whether staff would consider an exception. Mr. Breese replied staff might allow some variation but he did not believe the internally-illuminated plastic sign face would be the direction in which the City wished to proceed with the Federal Highway corridor. He added modifications could be made to the sign which did not require it to be completely rebuilt. The sign could be designed to appear as though it was a tile type sign, rather than a metal-type of sign with a plastic face. Mr. Miller remarked the base of the sign would be obscured by the landscaping, and would tie into the color of the building. s Meeting Minutes Planning and Development board Boynton Beach, Florida November 27, 2007 Acting Chair Casaine invited public comments. No one having come forward, public comments were closed. Mr. Blehar indicated he would not be inclined to vote in favor of the exception requested by the presenter. The nature of the business could be promoted through radio advertising, and the name on the sign would immediately indicate the nature of the business. The mere fact that other unattractive signs adorned Federal highway was not justification for adding another unsightly sign. Mr. Lis observed the address for the property was in Delray Beach. Mr. Miller advised the property was not contiguous to Delray Beach but was contiguous to Boynton Beach. Upon annexation, the property would be redefined to a Boynton Beach address. Mr. Miller's client did not wish to develop the property in Delray Beach as the County's regulations were more onerous than those of Boynton Beach. Mr. Lis objected to the signage as proposed. He believed the sign was too yellow and the wording should be limited to the name of the business. Mr. Saberson agreed with the board's comments pertaining to signage and believed the board should accept staffs recommendation. Ms. Jaskiewicz believed the building itself would be more compatible and aesthetically pleasing in an earth tone and believed the sign was garish. Aside from the sign, she believed the project was a good one. Mr. Miller advised the color of the sign was based on the standard yellow traffic signage. Mr. Miller indicated a modification of the sign represented a hardship to the applicant, as the sign face would have to be removed, at great expense. Ms. Grcevic inquired whether the business was part of a franchise. Mr. Miller replied he did not know whether they were franchised, but they had multiple offices, and the signs incorporated the colors presented. Staff recommended approval with conditions #2 and #27 as noted pertaining only to the lettering and color of the sign. Mr. Miller advised the applicant objected to conditions #2 and #27, but was in agreement with all other conditions. 6 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27,2007 Motion Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37 acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson seconded the motion that passed unanimously. Motion Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future Land Use Map from CHIS Commercial High/with underlying medium density residential of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC, subject to all conditions of approval recommended by staff. Ms. Grcevic seconded the motion that passed unanimously. Motion Mr. Saberson moved approval of the requested rezoning, subject to all staff- recommended conditions. Ms. Jaskiewicz seconded the motion that passed unanimously. Motion Mr. Saberson moved approval of the requested site plan approval, subject to all staff- recommended conditions. Ms. Jaskiewicz seconded the motion that passed unanimously. B. Ocean Drive Hotel Zonina Code Variance 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Proposed Use: Ocean Drive Hotel (ZNCV-08-001) Bonnie Miskel, Lauren Lending Boynton Holdings, LLC North side of Ocean Drive, approximately SOD feet east of Congress Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, zoning, Section 6.C.3, Community Commercial zoning district, to allow a variance of 19 feet, and a building height of 64 feet. Hotel 7