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Minutes 02-26-08 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON FEBRUARY 26, 2008 IN COMMISSION CHAMBERS, AT 6:30 P.M. BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Roger Saberson, Vice Chair Matthew Barnes Sharon Grcevic (arrived at 6:33) Candace Killian Jeff Lis Steve Myott Amber Barritt, Alternate William Poznak, Alternate Mike Rumpf, Principal Planner Jamila Alexander, Assistant City Attorney Chair Jaskiewicz called the meeting to order at 6:31. 1. Pledge of Allegiance. Mr. Barnes led the board in the Pledge of Allegiance to the Flag. 2. Introduction of the Board. Chair Jaskiewicz introduced the members of the board, including the new alternates, Amber Barritt and William Poznak. Chair Jaskiewicz noted the company at which Mr. Lis was employed was named National Developer of the Year. 3. Agenda Approval. Chair Jaskiewicz requested Old Business be moved to the end of the agenda, as it did not require the presence of the applicants. The board had no objection to this request. Motion Mr. Myott moved approval of the agenda as amended. Vice Chair Saberson seconded the motion that passed unanimously. Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 4. Approval of Minutes of January 22, 2008 meeting. Motion Mr. Myott moved approval of the minutes. Vice Chair Saberson seconded the motion that passed unanimously. 5. Communications and Announcements. A. Planning and Zoning Report. 1. Final disposition of the January 22, 2008 Planning and Development Board meeting agenda items. Mike Rumpf, Planning and Zoning Director, reviewed the disposition of items previously heard by the board on February 19, 2008, and reported the City Commission approved the following: · Site plan time extension for "The Learning Place," a day care facility located on Lawrence Road, just north of Gateway Boulevard. The project was approved for a one-year time extension. · Request for a master plan modification of Heatherlake of the Meadows P.U.D., to reduce the rear yard setback for construction of screened roof enclosures, and to reduce the rear yard setback for pools along lakefronts. 7. New Business A. Seaview Park Club Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Seaview Park Club (SPTE 08-003) Jason Mankoff of Weiner & Aronson, P.A. Jacksonville Landco, LLC 1620 North Federal Highway Request for a third one (1) year site plan extension for the construction of 64 three (3) story townhouse dwelling units, approved on February 15, 2005, thereby further extending the second site plan time extension approval from February 15, 2008 to February 15, 2009. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Rumpf, advised the request was for a third time extension for the site plan approved on N. Federal Highway, originally brought forth by Lennar Builders. The project was subsequently taken over by a new developer and consisted of approximately 3.5 acres of land east of U.S. 1, with Intracoastal Waterway frontage. The project was originally proposed as a condominium development and was subsequently modified to a townhouse-style development. The board reviewed the project, recalling the extensive review process and negotiations with adjacent property owners who were concerned with the contrasting densities proposed and the abutting single-family neighborhoods. The plan implemented the City's Infill Planned Unit Development (IPUD) zoning district with redevelopment density promoted at "20." Additional buffering was required and recommendations relating to the design were intended to bring down the scale of the project. Design changes were made to the facade, making it much more compatible, and significantly reducing the number of units. The delays experienced were due in large measure to current market conditions, as well as the transition to a new owner. Staff supported the application and recommended it be approved. Michael Weiner, 209 N. Seacrest Boulevard, advised he was appearing on behalf of Jacksonville Landco, LLC, with regard to Seaview Park Club. The project was located in the CRA district, on the east side of Federal Highway. There were challenges, but they were able to develop a site plan which he believed met all the necessary requirements. Mr. Weiner believed the IPUD type of zoning provided the flexibility necessary for compatibility with apartment dwellings on one side of the project, single-family houses on the other side, and commercial projects along Federal Highway. The project was originally approved on February 15, 2005. Various modifications included a reduction in density from 69 to 64 units per acre. Extensions of approval had been granted through February 15, 2008. The appropriate application was made with regard to the current request for an additional extension and, if granted, would be extended to February 15, 2009. Mr. Weiner distributed a booklet (a copy of which is on file in the City Clerk's office) which reflected the current development, a timeline demonstrating the tasks accomplished on the project, and the fees paid to the City in pursuing the necessary tasks and permits. On February 15, 2008, the last day of the previous extension, the developer was able to pull a vertical permit for building #4. Since the issuance of the permit, Mr. Weiner believed the developer was fully vested, but was desirous of moving forward with the requested extension. Chair Jaskiewicz noted the witnesses had not been sworn in. Attorney Alexander administered the oath to everyone that already had, or would be providing testimony. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Weiner continued his comments. He contended, regardless of the interpretation applied to vesting, the project met the standards required under the local Code. Additionally, Jacksonville Landco had considered its responsibility to both the City and the neighbors in putting in the infrastructure, paying the fees and pursuing the project. They believed the 12-month extension was appropriate, and requested the board's favorable recommendation to the City Commission. The parties were in agreement with the original conditions of approval. Chair Jaskiewicz invited public comments. Harry Woodworth, 685 NE 15th Place, (the property at the east end immediately adjacent to the park), advised he was one of 16 neighbors that originally negotiated with the previous applicant, and supported the new applicant's request for an extension. No one having come forward, public comments were closed. Motion Vice Chair Saberson moved to approve staff's recommendation. Ms. Grcevic seconded the motion that passed unanimously. B. Sunshine Square Conditional Use/Major Site Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Sunshine Square (COUS 08-001) (MSPM 08-002) Arianne Nielsen, Land Design South Woolbright Sunshine, LLC Sunshine Square Shopping center (southwest Corner of the intersection of Federal Highway and Woolbright Road) Request for conditional use approval for a drive-through restaurant and a major site plan modification to convert an existing freestanding bank building of 1,436 square feet to a drive-through restaurant; reallocation/relocation of existing square footage on site to construct a bank of 4,280 square feet; and related parking lot improvements. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 With regard to the Sunshine Square project, the board agreed to discuss the Conditional Use/Major Site Plan Modification and Zoning Code Variance requests jointly, but would vote upon the requests individually. Chair Jaskiewicz noted she met briefly with the applicant at City Hall regarding the project. She had not seen the project but was aware of what they would be requesting in order to complete the project. Mr. Lis, Ms. Killian, Mr. Barnes and Mr. Myott also disclosed that they had conversations with the applicant. Kathleen Zeitler, City Planner, reviewed the request as set forth in the staff report. A total of 4,280 square feet of existing retail space located at the southwest corner of Building "A" would be demolished, and the square footage reallocated for the proposed bank. An existing bank building of 1,436 square feet would be converted to a drive- through restaurant use. The proposed major site plan modifications did not include any additional building square footage. A minor site plan modification was recently approved to upgrade the Sunshine Square Shopping Center, including the building facades and new landscaping. Staff had evaluated the conditional use criteria, which included: · Vehicle and pedestrian access and circulation affects on adjacent properties · Parking, loading and service areas · Utilities, screening, buffering and landscaping · Signs, exterior lighting, required setbacks and compatibility with adjacent properties; and . Building height Based on the project's compliance with the conditional use standards detailed in staff's report, staff recommended the conditional use be approved with the recommended conditions from staff. Sunshine Square ZoninG Code Variance 2. PROJECT: AGENT: OWNER: LOCATION: Sunshine Square (ZNCV 08-002) Arianne Nielsen, Land Design South Woolbright Sunshine, LLC Sunshine Square Shopping Center (southwest 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26,2008 DESCRIPTION: corner of the intersection of Federal Highway and Woolbright Road) Request for variance approval for relief from The City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.H.16.d(2)., requiring 749 parking spaces, to provide 677 parking spaces; a variance of 72 parking spaces, to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district. Ms. Zeitler reviewed the request as set forth in the staff report. The previously approved site plan from 1986 indicated the shopping center had a deficit of 72 parking spaces. The proposed site plan modifications had been designed to upgrade the shopping center to several Code requirements for traffic and pedestrian circulation, accessibility and landscaping. Pursuant to the proposed renovations to the site, the applicant had replaced parking to the greatest extent possible, but could not eliminate the existing parking deficit as a result of the site constraints. Staff had evaluated the requested variance to the standards which included whether special conditions existed, whether they were the result of the actions of the applicant and whether the variance would be in harmony with the general intent and purpose of the Code. Staff found special conditions existed that were not the result of the applicant's actions and constituted a hardship. The project would result in a safer and more clearly-defined vehicular and pedestrian environment with improved project aesthetics. Based on the analysis detailed in staff's report, staff recommended approval of the requested variance. Bob Bentz, Land Design South, represented Woolbright Sunshine, LLC with regard to the requests set forth above. The shopping center, which consisted of 14.5 acres, was recently purchased by Woolbright, and was being renovated, reconfigured and re- landscaped. The conditional use approval was for the drive-through restaurant. He provided an overview of the site plan. The existing retail center was part of the old cinema which was being demolished to allow for the construction of a 4,200 square-foot financial institution with an associated drive-through, and would be adjacent to Woolbright Road. A modification was proposed to the existing bank located along Woolbright Road, a 1,400 square foot building to be converted into a Starbucks fast- food restaurant with one drive-through, located on the north side of the building. The entryway into the site and much of the interior circulation on the property had been reconfigured. The entryway would be realigned with the proposed development to the north, which was undergoing site work and land development. The pedestrian and access points on the property were modified and included additional connections to 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Woolbright Road and Federal Highway. The developer had already removed most of the building facade along Woolbright Road and would be renovating the architectural design of the buildings. He provided an overview of the site plan, a copy of which is on file in the City Clerk's office. The request for a variance included a reduction from the required 749 parking spaces to roughly 677 parking spaces. A deficit of 72 parking spaces currently existed, which would remain after the reconfiguration of the property and relocation of the overall square footage to the site. Mr. Bentz noted the presence of Arianne Nielson of Land Design South and John Wainwright of Woolbright Sunshine, LLC. He also noted the developers had secured a committed lease from Starbucks. Chair Jaskiewicz called for publiC comments. No one having come forward, public comments were closed. The board noted as follows: The references to a drive-through restaurant pertained to Starbucks; the number of parking places were in existence as of the inception of the project, and the square footage had not changed. The board believed the current development plan was superior to the original plan submitted and was a welcomed change to a depressed area. Mr. Bentz provided a survey of the property which reflected the existing configuration of the building. There was no parking up against the railroad track in that location. A portion of the building, roughly 4,200 square feet, was being eliminated, and the new bank facility was being constructed on Woolbright Road. Phase 2 of the development included improvements to the Publix area. It was hoped some of the entrances to the Publix area would be reconfigured, as this had been a concern of residents for years. Mr. Bentz also indicated changes would be implemented to Starbuck's driveway, including a bypass lane in order to improve traffic patterns. Mr. Bentz indicated the parties were in agreement with the staff report and all 36 conditions of approval. Motion Mr. Myott moved to approve the conditional use, major site plan modification for Sunshine Square, approve the request for conditional use approval for a drive-through restaurant and a major site plan modification to convert an existing freestanding bank building of 1,436 square feet to a drive-through restaurant; and reallocate and relocate existing square footage on site to construct a bank of 4,280 square feet, and related 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 parking lot improvements, subject to staff comments. Mr. Lis seconded the motion that passed unanimously. Motion Mr. Myott moved to approve the Zoning Code variance for Sunshine Square for relief from the City of Boynton Beach Land Development Regulations, Chapter 2., Zoning, Section 11.H.16.d.(2.), requiring 749 spaces, to provide 677 parking spaces, a variance of 72 spaces to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district. Mr. Lis seconded the motion that passed unanimously. C. Brick House Billiards Conditional Use 1. PROJECT: AGENT: OWNER: LOCATION: Brick House Billiards (COUS 08-002) Michael MacMullen Michael MacMullen Boynton Lakes Plaza, 4760 N. Congress Avenue Request for conditional use approval to allow for a bar/lounge as accessory to a billiards hall within an existing commercial plaza zoned C-3, Community Commercial. DESCRIPTION: Gabriel Wuebben, Planner, reviewed the request as set forth in the staff report. The applicant was seeking conditional use approval for an existing 3,300 square foot billiards hall within the Boynton Lakes Plaza at the southeast corner of N. Congress Avenue and Hypoluxo Road. The existing establishment functioned as a billiards hall with one dozen pool tables, and proVided beer and wine service. The applicant was pursuing a liquor license which, according to the Land Development Regulations, Chapter 2, Section 6.C, would increase the function of the bar into a full accessory use. The billiards table was permitted outright within the C-3 Community Commercial zoning district. However, with the beer and lounge accessory use, the establishment was required to go through the conditional approval use process. As a conditional use, staff had reviewed the project with respect to ingress and egress, off-street parking, refuse and service areas, utilities, screening, buffering, landscaping, and signs. The functions of Brick House Billiards would not change as a result of this application. It would simply provide for the addition of liquor to the menu, with no major alterations or changes to any of its functions. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 The main concern with a bar/lounge use was the noise and its affect on surrounding residential areas. The applicant had indicated the establishment had a jukebox and music was played lower than the level of conversation. As set forth in the conditions, the applicant had agreed to maintain the existing level of music at the current volume. There was adequate buffering to the south of the establishment and no amplified music at the exterior of the building. Landscaping and a concrete block wall separated the commercial development from nearby residential properties to the south. Staff had reviewed the project with respect to the conditional use application and, based upon the information contained therein, recommended the request for conditional use be approved, subject to satisfaction of all comments set forth in the conditions of approval. It should be noted any subsequent expansion of the bar or lounge component (i.e., as an increase in seating), or future addition of any amplified sound, would exceed the scope of the request and would require further approvals through the conditional use process including Commission approval. Michael MacMullen, 4760 N. Congress Avenue, owner of Brick House Billiards, introduced himself. Chair Jaskiewicz wished to make it clear the conditional approval would not permit any difference in the sound emanating from the applicant's establishment and would exclude amplified music of any type. The jukebox level of sound would continue at the existing level. Mr. MacMullen advised the establishment proVided 12 seats and there would be no increase in seating. The only change would be the addition of the service of liquor in the hopes of increasing business. There would be no changes with respect to the pool tables, and there was no loud music or stage. Events included an occasional birthday party. Chair Jaskiewicz invited public comments. No one having come forward, public comments were closed. Mr. MacMullen noted Brick House Billiards was an upscale establishment, elegant, yet simple. He believed the addition of liquor to the menu would attract additional customers. With regard to the hours of operation, the establishment remained open from 3:00 p.m. through 2:00 a.m., and was in accord with the City Code. The menu consisted of appetizers, chicken tenders, ravioli, and a 7-inch pizza. The landlord was aware of the request sought herein and had no objections. The establishment was considered a sports restaurant and required a full license for the bar. A half license would not suffice as restaurant food was not sold. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Wuebben was not aware of any complaints made to the City against Brick House Billiards. Mr. MacMullen explained while there had been occasional altercations in the establishment, they were always under control and never got out of hand. Additionally, there was police presence at the establishment, and Brick House Billiards proved to be a good neighbor to its fellow merchants during the hurricane and a recent robbery. Motion Ms. Grcevic moved that the request for conditional use approval to allow for a bar/lounge as accessory to a billiards hall, within an existing commercial plaza, zoned C- 3, Community Commercial, be approved, subject to the conditions. Mr. Barnes seconded the motion that passed unanimously. 6. Old Business (taken out of order) A. Land Development Regulation Rewrite- Group 4 - Part II Code Review 1. PROJECT: Land Development Regulations (LDR) Rewrite, Group 4, Part II (CDRV 07-004) City-initiated A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article III Exterior Building and Site Design Standards. AGENT: DESCRIPTION: This proposed section will ultimately replace andenhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1, 2, 4, 6, 7, 10 and 11. Mr. Rumpf explained staff was pleased and enthusiastic to bring forth the next draft deliverable of the City's Land Development Regulations Rewrite project. Group 4 contained the environmental protection standards, landscape design and exterior building and site design. The environmental protection standards and the landscape design and buffering portion were provided in the previous deliverable. However, as a result of the time and magnitude of the work, they were separated out and covered separately. Project objectives targeted in this rewrite would be emphasized. Chapter 4 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 consisted of all site development standards from environmental protection to utility and infrastructure. The sections of the current Land Development Regulations that were affected were Chapter 2, Zoning, specifically Sections 5 and 6, Chapter 4, Site Plan Review, Section 8, and Chapter 9, Community Design Plan, Sections 1, 2, 4, 6, 7, 10 and 11. Sections 5 and 6 of Chapter 2, Zoning, pertained primarily to the mixed-use districts. As to Article III, Exterior Building and Site Design, a good deal of effort went into supportive text. When dealing with design guidelines, more subjective standards, such as appearance, would be considered. Utilizing new regulations at the County level for "Big Box" (large-sized commercial structures) standards, as well as those extracted from other jurisdictions, were reviewed. Staff was able to find objectives in quantifiable standards for many of the items that improved the appearance of buildings. In dealing with subjective text and standards, it was important staff provide substantial supporting text. Objectives and design principles were the rationale used to defend the standards and provide justification required for the appearance and proximity of a building to another project. In most cases, the LDR Rewrite had condensed and simplified text. However, the narrative and text were added to provide ample justification, backup and supporting documentation for these types of regulations. The design principles objective also provided regulations for color compatibility to enhance the appearance of a building. The wording in sustainability, the last item under Objectives, would help justify and support future efforts in the event the City moved forward with "green" standards. Graphics had been added to Article III as well, which would help define terms such as "pedestrian friendly" and would emphasize some of the elements necessary to meet this objective. Subsequent to the last rewriting and updating of the LDR, new districts had been added including mixed-use districts and the suburban mixed use (SMU) district. Densities had increased from 45 feet of building height to 150 feet of building height. Consideration was being given to the appearance of pedestrian areas, and this was supported by both graphics and text. Language was incorporated to support future comments on projects in order that they be compatible with the area rather than with trendy and temporary corporate designs. The Code currently contained text with regard to drive-up windows. This was expanded to include all types of uses which would have a drive-up or walk-up window. Board discussion included the importance of flexibility in branding logos and fostering individual identity in order to avoid monotonous building facades and signs. It was 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 noted these issues were addressed in the sections of the Rewrite entitled "Symbolsll and "Monotony Restrictions, II which provided a variety of architectural designs. The restrictions were intended to be City-wide and would apply in some measure to residential structures as well. Mr. Rumpf noted several pages of the Rewrite were devoted to parking. The new mixed-used and redevelopment districts required various types of design standards for parking facilities, whether they be surface, exposed, non-exposed, combined with another building, understory garages or stand-alone parking structures. These were defined to facilitate project review. With regard to integrated garages, the intent was to border the parking structure with permitted habitable floor area. Mr. Rumpf spoke of the relief aspect of these regulations, as not every design scenario or solution could be captured. Rather than requiring the regulations be subject to a variance process, an appeal process for relief was available and would continue to be defined. Pedestrian Amenities, under Section III, Design Standards, was an element new to the Code. In most cases, a project would exceed these standards with the number of amenities, but this added section provided a benchmark for basic amenities. These standards would apply to renovation projects and were defined in Chapter 9 dealing with new construction and major modifications to existing improvements. Regulations were provided for simple accessory structures such as transit shelters and shopping cart corrals in order to comply with compatibility provisions. The Code currently provided for mixed use regulations, and standards were required for such uses as group homes, auto dealerships, gas stations and auto rental establishments. Design standards were brief and had been consolidated into this section of the regulations regarding design, with the emphasis on streetscape and its impact on pedestrians. With regard to the Big Box regulations, larger parcels of property had been developed. The threshold for Big Box development was low and regulations would take effect at 15,000 square feet. Differing thresholds would apply under certain requirements. The emphasis would be on the facade, varying horizontal and vertical lines, materials, windows and parking. One of the greatest negative aspects of Big Box development (Le., large-scale retail operations) related to the parking fields. Incentives were added if parking fields were broken up and moved to different sides of the property. As to adoption of the Rewrite, Big Box development was weak in addressing urbanized areas. Staff was uncertain whether a completely different set of regulations should be established, or if the Big Box regulations could be written in a manner that would apply to both environments. Additional work would be necessary before the Rewrite was brought back in its entirety for adoption by the City Commission. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Rumpf noted staff had incorporated the CRA design guidelines into the Code which had been created with a consultant in conjunction with CRA staff and the board. These were incorporated by reference and included justification statements. Board discussion included use of the work "should" versus "shall in the document." It was noted "shall" would be more compulsory, while "should" would be more of a recommendation. Mr. Rumpf noted staff was progressing along with the next deliverable which would deal with accessory structures in the Zoning Code and telecommunication towers. Staff recommended the board support the Rewrite. Comments and suggestions would be considered by staff in the finalization of the document and submission to the City Commission. Staff was commended for including sustainability into the plan. A brief discussion ensued as to the manner and review of CRA items transferred to the Planning and Developing board. In an unrelated item, extensive discussion ensued with regard to a brownfield designation in the CRA district. Board members expressed their concerns as follows: · Direction to be received from the City as to the board's approval of items relating to a lessening of standards allowed under Federal Guidelines in dealing with approval within a designated brownfield. · The gravity of a brownfield designation, the point of contamination and a remediation or containment plan associated with the contamination. Mr. Rumpf advised the CRA was considering recommending the City Commission seek a brownfield designation. However, the City had not approved the initial steps to explore the issue. A presentation would be made to the Commission at the March 2008 meeting. These issues had been communicated to the Commission and will be addressed at the Commission meeting by CRA staff. Harry Woodworth, 685 NE 15th Place, believed the brownfield designation was a statutory move to gain funding. He wondered why the citizens were not informed or involved in this issue and expressed concern as to the threat of contamination and its impact on citizens. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Rumpf explained the matter would be reviewed again by the CRA on March 11, 2008, and he recommended that would be the next opportunity for communicating concerns. Chair Jaskiewicz suggested the concerns addressed by the Planning and Development board this date be conveyed as well. Mr. Rumpf noted staff sought the board's approval of the draft portion of Group 4, together with relevant comments incorporated therein, and the board's recommendation that the draft be forwarded to the City Commission for approval. Motion Mr. Barnes moved approval. Mr. Myott seconded the motion that passed unanimously. 8. Other None. 9. Comments by members None. 10. Adjournment Motion Mr. Barnes moved to adjourn. Mr. Lis seconded the motion that passed unanimously. The meeting adjourned at 8:05 p.m. 0-- Stephanie . Kahn Recording Secretary 022708 14