MINUTES SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING

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MINUTES SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE: March 26, 2014 MEETING PLACE: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: City Commission Chambers Jose Aguila, Jason Bregman, Alice Finst, Mark Gregory, James Knight, Rustem Kupi, and Terra Spero None Estelio Breto, Diane Miller and Assistant City Attorney Janice Rustin I. CALL TO ORDER The meeting was called to order by Chair Rustem Kupi at 6:00PM. Upon roll call it was determined that a quorum was present. There were no changes to the agenda. Chair Rustem Kupi read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony on any agenda item. II. Treasure Coast Regional Planning Council Dana Little, Urban Design Director Anthea Gianniotes, Urban Designer and Town Planner (This is a discussion item and there will not be any public comments) Mr. Dana Little presented a powerpoint presentation updating the CBD Land Development Codes with open discussions. III.SIGNS A.Pollo Tropical 14683 South Military Trail (This item is postponed per request of the applicant) IV..MISCELLANEOUS A.IL Bacio 29 SE 2 nd Avenue (Mr. Gregory is stepping down on this item) Estelio Breto-Senior Planner presented the item through a review of the staff report. Elevation changes were shown and proposed windows from last meetings presentation. 1

Applicants Presentation Steven Pellegrino I agree with staff report and I am here to answer any questions that you might have. Public Comments None Board Comments Terro Spero I wanted to know about the color of the building and what the trim color will be. Steven Pellegrino It will be tan walls with white trim. Jason Bregman I am ok with the colors. Alice Finst I am not in favor of the color, it is boring. Jose Aguila I am ok with the color. Jim Knight I am happy with the windows. I am glad they are going to be opened. Rustem Kupi Asked applicant if there was approval for the replacement of the windows. Steven Pellegrino The windows are still there we just put ply wood over them. Rustem Kupi He asked Mr. Breto if approval was given by the P&Z Board for these windows. Estelio Breto There is no approval from the SPRAB board to change the windows. Motion was made by Jose Aguila and seconded by Jason Bregman to approve the painting of El Bacio Restaurant and the uncovering of the existing windows to the Monroe Bisque with discussion : For the painting to be on all (4) sides. MOTION CARRIED 4-2 (Dissenting Alice Finst (color) and Rustem Kupi) B.Wizard Arts Inc. 301 NE 1 st Street (The record shows that Mark Gregory has rejoined the meeting). Architectural Elevation and Color Change for an existing commercial establishment from peach walls to blue walls and coral door frame. Exparte Communications None. Estelio Breto, Senior Planner presented the item through a review of the staff report. Applicants Presentation Steve Dolen No issues with staff report and we are here for any questions. Public Comments - None BOARD COMMENTS Jim Knight In favor of the color. 2

Jose Aguila In favor of the color. Mark Gregory The color is a little strong for my taste but I am ok with the color. Alice Finst We have asked at every presentation that pictures be taken of the opposite side of the street to see how it fits with the adjacent property and once again we do not have that. I am not sure that the color of this building is going to set this off from the others. Mark Gregory We did not get pictures of all 4 sides of the building. Jason Bregman I think the color is acceptable. Terra Spero I think the blue color is too much for the area or maybe go white. Rustem Kupi I think it is too bright. Terra Spero The coral color is ok, it s the awning color. Motion was made by Mark Gregory and seconded by Jose Aguila to postpone the color change of Wizard Arts with no date certain. MOTION CARRIED 7-0 V. PROJECT PLANS A. Southgate Motel 1600 N. Federal Highway Class IV Site Plan demolish the existing one-story, 10 room motel and construct new two story 29 room motel (Jose Aguila is stepping down on this item as this is a client of his) Exparte Communications None. Candi Jefferson, Senior Planner - presented the item through a review of the staff report, File #2014-083. Applicants Presentation Bob Currie Architect This hotel has been through a lot and it is time that it gets cleaned up. Mr. Currie talked about the right of way with the DOT, the entrance clearance, and open green space and happy with staffs conditions. Onu Hogue Owner Mr. Hogue talked about the conditions of the hotel and what his intentions are for the hotel. Public Comments None Board Discussion Jim Knight It was asked what the width is for the sidewalks from George Bush to 10 th. Candi Jefferson Our standard is 5 sidewalks. Mark Gregory I like the project and I am in support of the project. 3

Alice Finst Ms. Finst as for some clarification on the cabanas and the bathrooms, the dumpsters and their position, and the colors of the motel. I really like the white. Jason Bregman I think this is a big improvement, not in favor of the green awning, looking to add another bike rack and in regards to the mango trees: move (1), keep (1) and cut down (1). I also thought the breakfast area was a little small and if the elevator tower could be dressed up. Terra Spero I am confirming that the awning is all green, and asking why there is only (1) parking space per room. Also, what are the pavers that you will be using at this motel and I agree with Mr. Bregman about the white wall that it is too much. Alice Finst I suggest that the elevator wall have a design on it and the white wall is too much. Also, I would like to know when this project is going to start. Rustem Kupi I like the white color, please keep the trees on the north wall which are not on the property. The dumpster locations is fine, and to save money, get rid of the entry way. Two large trees in place of the entry way would look good. Jason Bregman I want to know if they can build to the lot line. Alice Finst I think if he has been thinking of this entry way then I am ok with it. Jason Bregman I would also like to know about the sidewalk in the rear of the building. Terrill Pyburn Interim City Attorney They would go into a Sidewalk Deferral. Alice Finst I received some letters regarding all the emergency calls that have been made about this motel and are there going to be 24 hr. cameras or some kind of security there. Onu Hogue Owner Mr. Hogue said that he will be living there. Motion was made by Jason Bregman and seconded by Mark Gregory of a waiver to LDR 4.6.16(H)(3)(i), which requires terminal landscape islands to be located at the end of each parking row and have a minimum width of nine (9) feet and depth of fifteen feet (15 ) for a total of 135 sq. ft. to reduce this requirement on either side of the two-space employee parking row in the rear and reduce this requirement to 5 0 on the north side and 1 0 on the south side, subject to positive findings with respect to LDR Section 2.4.7(B)(5). MOTION CARRIED 6-0 (Jose Aguila stepped down) 4

Motion was made by Jason Bregman and seconded by Mark Gregory of approval of the Class V Site Plan for Southgate Motel, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and 3.1.1. (Required Findings) of the Land Development Regulations, subject to the following (10) staff conditions with adding the following: 11. To add an additional bike rack. 12. The concrete pavers indicated will match the downtown Delray Beach concrete pavers standards, 13. There will be a rear sidewalk deferral agreement to be worked out with the City for the sidewalk along Dixie Highway. 14. The arcade on the east side cabana will be removed. 15. The entry feature as currently shown, the large entry feature, will be removed from the plans and replaced with landscaping in the next section of this approval. MOTION CARRIED 6-0 (Jose Aguila stepped down) Motion was made by Jason Bregman and seconded by Mark Gregory of approval of the landscape plan for Southgate Motel, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Section 4.6.16 of the Land Development Regulations, subject to the following (2) staff conditions and adding: 3. The applicant will keep at least (1) large existing mango tree on site or relocate it on site. 4. That the replacement of the gateway entry feature that (2) large shade trees, minimum of 20 tall will be planted on, one on either side of the entry approximate at the foot of the entry feature. 5. Place vine trellis on the north elevation at least at 6 locations and the vines is installed at 4 height. 6. Vine trellis is added to the south side facing the corner of the elevator tower. MOTION CARRIED 6-0 (Jose Aguila stepped down) Motion was approval of the architectural elevations for Southgate Motel, by adopting the findings of fact and law contained in the staff report, and finding that the request meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following (1) condition with additions: 1. 2 trees are to be installed. 2. That trellis or artwork is placed on the southeast elevation of the elevator tower. If it is artwork it will have to come back before the SPRAB board for approval and if artwork is selected the trellis and plants for the elevator tower will not be required. 3. All the windows will have aluminum frame. 4. The east side of the cabana elevation will have some architectural features to create relief on that east facade. MOTION CARRIED 6-0 (Jose Aguila stepped down) Amend the motion by Jason Bregman that the east elevation to relief will be similar to what is shown in the rendering. AMENDED MOTION CARRIED 6-0 (Jose Aguila stepped down) 5

B.Rainbow Warehouse 1402 Wallace Drive Class V Site Plan demolishes existing single family residence and constructs a new storage warehouse. (Jose Aguila has rejoined the meeting) Exparte Communications None. Candi Jefferson, Senior Planner - presented the item through a review of the staff report. Applicants Presentation John Seagram Property owner We are in agreement with staff and their report. We sell rain gutters and the warehouse is for ONLY storage. Public Comments None Board Comments Jason Bregman I have seen a lot of good faith things done and as it is an industrial area I am ok with this project. Terra Spero Windows are not consistent and have a problem with the garage doors. It is fine now but what happens when new owners come in and have bigger trucks. Alice Finst When talking about the windows, it was mentioned that maybe the roof is off center. Also, I see that color renderings were not in the packages to reflect the revisions. Also, all the conditions that were in the report were already addressed. Mark Gregory Iam not happy with the windows, but I agree with Mr. Bregmen that there is a lot of good faith things being done. Jose Aguila I think the owner has done everything that will make his business work and I cannot worry about what might come along later. Another thing that I am concerned about is the pressure treated wood and I would do it all in metal, lath and stucco. Jim Knight I still have a problem with the ways cars are pulling in and out and vehicles handing out in the road. Rustem Kupi Not happy with the windows, there is no rhyme or reason for them and need something else there. The angle of the building is still a problem. Burt Gentry Agent What we are trying to do is have the vehicles drive through the building so they would not have to back out. 6

Motion was made by Mark Gregory and seconded by Jason Bregman of a Class IV Site Plan with the (5) conditions from the staff report. Mark Gregory amend the motion second by Jason Bregman to add #6 To add a separate water and sewer service. MOTION DENIED 3-4 (Dissenting James Knight, Terra Spero, Alice Finst, Rustem Kupi) MOTION TO RECONSIDER was made by Mark Gregory and seconded by Jason Bregman of a Class IV Site Plan with the (5) conditions from the staff report with an additional condition: #6 To add a separate water and sewer service. #7 The south side of the buildings drive by will be expanded to 24 through the cutting back of the building by 4, total building width of 59. MOTION CARRIED 6-1 (Dissenting Rustem Kupi) Motion was made by Jason Bregman and seconded by Jose Aguila of a Landscape Plan with the (3) conditions from the staff report. MOTION CARRIED 6-1 (Dissenting Rustem Kupi) Motion was made by Jason Bregman and seconded by Jose Aguila of the Architectural Elevations with the (4) conditions from the staff report with an additional condition: #5 That no pressure treated wood be used for decorated facade material only raised stucco or painted metal trim used for the decorated façade. #6 That the applicant address the cemetery of the windows by working with staff to do so that the windows are not in their regular placement as currently shown. MOTION CARRIED 5-2 (Dissenting Rustem Kupi, Alice Finst) IV. PUBLIC COMMENTS Rick Zorouid Industrial Park 1845-1855-1865-1875-1885 SW 4 th Avenue My paperwork was turned into Planning and Zoning on time and it did not get on the agenda. This is just a color change and I am here before you to ask for consideration. Terrill Pyburn Interim City Attorney In regards to notice, even though it is noticed for the agenda, it does not mean that the item will get on the agenda. There can also be problems with due process, but with the property owner here I do not have a problem with the item being heard. With this, it would be up to the board if they wanted to go forward with this item. Rustem Kupi He asked for a raised of hands if the board would like to amend the agenda to address this item now. All was in favor except dissenting Alice Finst This is a color change from existing colors, to change the walls to Ranch-2143-30, the roll up doors to color #2108-20 Sierra Spruce and the overhangs over the doorways, both rollup and manual to color #2090-30 Terra-cotta. (Color swatches passed out to all board members) 7

Jason Bregman He was explaining to the board the location of the building in question. Also, it was asked to the applicant if the building was going to be pressured washed. Rustem Kupi Is everyone understanding where the location is of this building and the answer was YES. Color samples and the building based on what is before you, does anyone have any problems with what is proposed and the answer was NO. Motion was made by Mark Gregory and seconded by Jason Bregman (with discussion) to approve the color change for Delray Industrial Park as submitted with plans. Jason Bregman stated to make sure that all (4) sides would be painted in a similar manner as to the example shown by the applicant. And it to include (5) building not (4) per the applicant. MOTION CARRIED 6-1 (Dissenting Alice Finst) VII. OTHER ITEMS Board Comments Alice Finst I don t know how many times we have asked the applicant to bring color adjacent pictures and we don t get it. I feel if they do not bring them we should not address the project. Mark Gregory I had a meeting with staff about code issue and I made a presentation and they want a recommendation to do a little housecleaning about striking a 3 word provision in one of the prohibited items that one of the staff member is having an issue with which caused the whole problem. These items were approved before the staff member came on board and he is not allowing them to be approved. Staff Comments Candi Jefferson In regards to a change of a sign code, there must be a City Initiated LDR Text Amendment to make the change. Also Abbey Delray North will be coming back to the meeting. 8

ADJOURNED There being no further business to come before the Board, the meeting was adjourned at 9:45p.m. The undersigned is the Secretary of the Site Plan and Appearance Board and the information provided herein is the Minutes of the meeting of said body for March 26, 2014 which were formally adopted and approved by the Board on July 23, 2014 Diane Miller Diane Miller If the Minutes you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. (These notes are abbreviated version of this meeting. The full dialog is available in audio at City Hall for anyone that would like the full information) 9