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Minutes 08-27-08 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, AUGUST 26, 2008, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Roger Saberson, Vice Chair Candace Killian Jeff Lis Amber Barritt, Alternate William Poznak, Alternate Mike Rumpf, Planning Director Jamila Alexander, Assistant City Attorney ABSENT: Matthew Barnes Sharon Grcevic Steve Myott 1. Pledge of Allegiance. Chair Jaskiewicz called the meeting to order at 6:30 p.m. The members recited the Pledge of Allegiance to the Flag, led by Mr. Lis. 2. Introduction of the Board. Chair Jaskiewicz introduced the members of the board and welcomed Mayor and Mrs. Taylor to the meeting. 3. Agenda Approval. Motion Mr. Poznak move to approve the agenda as presented. Ms. Barritt seconded the motion that passed unanimously. 4. Approval of Minutes. Motion Ms. Killian moved to approve the minutes as presented. Mr. Poznak seconded the motion that passed unanimously. Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2008 s. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the July 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 and reported the City Commission approved the following: August 5, 2008 City Commission meeting: . Gulfstream Gardens Master Plan Modification and the Major Site Plan Modification. . Sunshine Square, Conditional Use of Approval for a cosmetology school. . Two City-initiated text amendments pertaining to setbacks and the M-1 Zoning district corridor uses. August 19, 2008 City Commission meeting: . Evaluation and Appraisal (EAR)-based amendments to the Comprehensive Plan. . M-1 Corridor Uses amendment. . Sign Code amendments in connection with the M-1 Zoning district industrial project. 6. Old Business None 7. New Business Attorney Alexander administered the oath to all who would be testifying. A. Goldsmith Dental Lab Conditional Use 1. PROJECT: AGENT: OWNER: Goldsmith Dental Lab (COUS 08-004) Jesse Goldsmith Golden Chiropractic, PA 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2008 LOCATION: DESCRIPTION: 236 SE 23RD Avenue Request for conditional use approval for a dental lab as required within a C-1 Community Commercial zoning district. Hanna Matras, Planner, presented the applicant's request for a conditional use approval for a dental lab to lease and occupy the property owned by Golden Chiropractic at 236 SE 23rd Avenue. Golden Chiropractic also owned the adjacent property to the west. The subject property was developed with a 1,511 square foot, one-story building, previously occupied by a physical therapy office. A dental lab was a conditional use in the C-1 zoning district. Mr. Goldsmith had operated his dental lab at 2007 SE 23rd Avenue, which was across the street from the subject property, since 1998. No changes to the exterior of the existing building were planned at this time. The proposed landscape improvements to bring the site into conformance with the current Landscape Code would require a separately-processed landscape permit. Staff had visited Mr. Goldsmith's lab, and no negative impacts were observed regarding the operation of the lab. Additionally, staff concluded there were no issues with the conditional use. Section 11.2.D of the Land Development Regulations contained standards by which staff had analyzed the request, and staff recommended the request be approved. Jesse Goldsmith, 1740 Banyan Creek Court, noted he was the owner of Goldsmith Dental Lab. Chair Jaskiewicz inquired whether Mr. Goldsmith was in agreement with the Conditions of Approval calling for the possibility of removing part of the landscaping and the security light. Mr. Goldsmith advised he would be replacing 70% of the landscaping, and, at the direction of Kevin Hallahan, would be placing more mature trees on the property. Mr. Goldsmith was in agreement with the removal of the security pole and had already discussed this with Planning and Zoning. He was uncertain as to why the light pole was not currently being used. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Motion Mr. Poznak moved approval of the request for a conditional use approval for a dental lab as required within a C-1 Community Commercial zoning district and including the one condition of approval. Mr. Saberson seconded the motion that passed unanimously. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2008 B. Aspen Glen Site Plan Time Extension DESCRIPTION: Aspen Glen (SPTE 08-005) Bradley Miller, Miller Land Planning Consultants, Inc. Lawrence Development Group, LLC East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Request for a one-year time extension for construction of 45 single-family zero lot-line homes on a 9.34 acre parcel, which was approved on November 21, 2006 (NWSP 06- 025), thereby extending approval from May 21, 2008 to May 21, 2009. 1. PROJECT AGENT: OWNER: LOCATION: Mr. Rumpf presented the request. Progress to date included applications filed and/or permits received from various outside agencies, a utility permit issued by the City and a plat application submitted to the City, which was under review. Staff recommended the request be approved and conditioned upon the update of the traffic concurrency approval from Palm Beach County. Staff also noted the water reservation fee was required to be paid, and the original conditions on which the site plan were approved still applied. If approved, the request would extend the approval of the project to May 21, 2009. Bradley Miller, Miller Land Planning Consultants, 420 West Boynton Beach Boulevard, advised he represented the applicant. Included with the meeting materials was a list of the permits pursued by the applicant, some of which had been issued and some of which were close to being issued. There were final issues to be resolved before the permits were issued and the first inspection was completed. Chair Jaskiewicz opened the public hearing. No one remained in the audience, and the public hearing was closed. Mr. Poznak addressed drainage issues. Chair Jaskiewicz pointed out the applicant had to meet drainage requirements at the time the site plan was submitted, and the board would just be dealing with the time extension request. She noted the time extension was subject to the original conditions of approval, as well as the three additional conditions of approval set forth in the meeting materials. Mr. Miller had no objection to any of the conditions of approval. Chair Jaskiewicz inquired as to when the applicant anticipated breaking ground. Mr. Miller noted he could not provide a specific date. The applicant was still attempting to 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2008 secure a permit, and the project had been delayed as a result of market conditions. The single-family project appeared to have been affected by the economy more so than the multi-family developments. Mr. Miller was hopeful conditions would improve and the project would go forward. An inquiry was made as to the number of extensions which could be requested and granted. Mr. Rumpf responded Code did not restrict the number of extensions that could be requested. It only restricted the time period per extension. He noted traffic concurrency requirements with the County were bound by time constraints, but could be extended by proper application through the County. Chair Jaskiewicz noted the board's practice was to grant no more than two or three time extensions; however, the board took into consideration the conditions of the economy. Motion Mr. Poznak moved to approve. Chair Jaskiewicz clarified the motion would approve a request for a one-year time extension for construction of 45 single-family zero lot-line homes on a 9.34 acre parcel, which was approved on November 21, 2006, thereby extending approval from May 21, 2008 to May 21, 2009, including the three conditions of approval. The motion was seconded by Ms. Barritt with an amendment that the original outstanding conditions of approval be included as well. The motion passed unanimously as amended. Mr. Miller inquired as to when the utility fee was due. Mr. Rumpf advised Utilities requested the fee be paid within two weeks of the site plan approval. Additionally, the development could be at risk for not having water reserved. Mr. Miller noted the fee would be paid immediately. C. Land Development Regulation - Rewrite Group 6 (CDRV 07-004) 1. PROJECT: Land Development Regulation - Rewrite Group 6 (CDRV 07-004) City-initiated A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Chapter 4, Article IV. Sign Standards. AGENT: DESCRIPTION: This proposed section will ultimately replace The existing Chapter 21 (Signs), within Part III of the Land Development Regulations. Eric Johnson, Planner, noted it was staff's intent to bring to the board the entire Group 6 deliverable which consisted of four articles: "Sign Regulations," "Flood 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2008 Prevention Requirements," "Property Maintenance Requirements," and "Building, Construction and Historic Preservation." However, due to timing constraints, staff was only able to provide the flood prevention portion of Group 6. Mr. Johnson noted staff reformatted and reorganized the existing language from what was now Chapter 20 of the LDR to be consistent with the other articles of Chapter 4, "Development Standards." There were few changes. Under Article XI., "Administration," the Building Official would serve as the Administrator of the Article. A provision had been added indicating the relief process for a person requesting relief from the requirements. The word "f1oodproofed" had been divided into two words, "flood proofed," while the existing regulations regarding flood hazard reduction, area of special flood hazard and areas of shallow flooding remained unchanged. It was important to have flood prevention requirements as they provided safety standards and protected property values. Mr. Johnson noted the City participated in the National Flood Insurance Program's Community Rating System. Staff anticipated presenting a product to the board for review each month through the beginning of next year. Staff hoped to provide Sign Standards, Property Maintenance Requirements, and Building, Construction and Historic Preservation next month. Staff was evaluating whether the Property Maintenance Requirements should be included in the LDR or removed from the LDR and put into Part II, City Code of Ordinances, specifically, Chapter 15, "Offenses, Miscellaneous." Board discussion ensued. Highlights were as follows: . For residential and non-residential construction, it was suggested the lowest floor be elevated to at least 12 inches above the base flood elevation. . Developers could increase their density by building higher and having a smaller water retention area, which could cause drainage onto an existing adjoining property. This should be looked into by the City. . Homes built at a higher grade could have a negative impact on the adjacent residence. . It was suggested the City explore methods by which drainage could be contained in order that existing adjoining properties would not be adversely affected. . It was proposed the City require a site plan for single-family dwellings. The plan should include elevations and swales to ensure the water was directed to the street rather than to the next-door neighbor. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2008 Mr. Johnson noted projects consisting of at least three dwelling units, as well as commercial or industrial projects, were required to go through the site plan review process. During the process, the various divisions, including Engineering, would review a grading, paving and drainage plan. The engineer of record would have to certify the project was going to demonstrate legal positive outfall. Duplex or single-family projects were only required to go through the Building Division's permitting process. Mr. Johnson did not believe any single-family home was supposed to have drainage run into the street, but rather into the swales. Staff was in the process of reviewing the existing regulations as to pervious and impervious ratios. Additional comments by the board were as follows: . It was suggested retention ponds be considered to prevent flooding of adjacent properties. . In considering drainage issues, the City should also consider the height of adjoining properties. Mr. Rumpf pointed out the height methodology used by the City considered requirements of the Federal Emergency Management Agency (FEMA) as well as the average grade of the adjacent property. For single-family homes, the Code currently required expansions or impervious improvements, which exceeded 800 square feet, be permitted and include an engineering certification that they would be constructed and drained in such a way that water would not run onto the adjacent property. Drainage was to be retained on site in accordance with City and district standards. Other board comments pertained to the following: New development had the potential of blocking the natural flow of surface water drainage that could impact the existing residences just as much as raising the elevation next door would by forcing water onto that property. Concerns were raised as to drainage issues pertaining to infill housing as well. It was suggested certain drainage issues could be resolved by the installation of a retaining wall. It was also suggested survey site plans with topographies be required with regard to the construction of single-family homes. Mr. Johnson noted he would submit the board's concerns to the appropriate departments. It was requested the board approve the draft in conceptual form so that staff could continue its progress with the LDR Rewrite. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2008 Motion Mr. Saberson moved the board authorize this be transmitted to the City Commission as conceptual flood prevention Code requirements, subject to, and with the comments that had been made tonight concerning drainage and flooding. Mr. Poznak seconded the motion that passed unanimously. 8. Other None 9. Comments by members None 10. Adjournment There being no further business to discuss, the meeting properly adjourned at 7:13 p.m. J;ir~~.~ 0 Stephanie D. Kahn Recording Secretary 082708 8