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Minutes 07-28-09 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JULY 28, 2009, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Mike Rumpf, Planning Director Roger Saberson, Vice Chair Jamila Alexander, Assistant City Attorney Matthew Barnes Sharon Grcevik Steve Myott (arrived at 6:41 p.m.) Amber Barritt, Alternate ABSENT: Candace Killian Jeff Lis 1. Pledge of Allegiance. Chair Jaskiewicz called the meeting to order at 6:33 p.m. Ms. Barritt led the Pledge of Allegiance to the Flag. 2. Introduction of the Board. Chair Jaskiewicz introduced the members of the Board. 3. Agenda Approval. Chair Jaskiewicz requested that Item 6.A.1., "Dogfather Mobile Vending Unit," be deferred pending the arrival of the applicant's representative. She requested a motion considering her request. Motion Mr. Barnes so moved. Vice Chair Saberson seconded the motion that passed unanimously. 4. Approval of Minutes. Motion Mr. Barnes moved to approve the minutes as presented. Ms. Grcevik seconded the motion that passed unanimously. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 5. Communications and Announcements Mike Rumpf, Planning and Zoning Director, reported Board member Candace Killian was unable to attend the meeting. 1. Final Disposition of the June 23, 2008 Planning and Development Board meeting agenda items. The City Commission, at its July 7, 2009 meeting, took the following action: ?Imagine Charter School of Boynton Beach rezoning was approved on first reading. The City Commission, at its July 21, 2009 meeting, took the following action: ?Code amendment establishing enabling legislation for the City's zoning process was approved on first reading. ?Code amendment pertaining to non-conforming churches in residential zoning districts was approved on first reading. The Commission directed staff revisit this item to allow non-conforming churches to undergo certain improvements to protect single-family neighborhoods. thth ?NE 11/NE 12 Avenue alley abandonment was approved on first reading. ?JR Water Sports abandonment was approved on first reading. ?JR Water Sports conditional use/major site plan modification was approved. ?Southern Pine Lumber major site plan modification was approved on first reading. 6. Old Business A. Dogfather Mobile Vending Unit Tabled at the June 23, 2009 meeting 1. PROJECT: Dogfather (MVU 09-003) AGENT: Alicia Gondi, Cilantro Grill, LLC OWNER: Boynton JCP Associates, Ltd. LOCATION: 801 North Congress Avenue (Boynton Beach Mall) 2 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 DESCRIPTION: Request for mobile vending unit (MVU) approval to be located outside the main mall entrance, on the north side of the entrance opposite the former Ruby Tuesday restaurant. This item will be addressed later in the meeting. 7. New Business A. Boynton Lofts Site Plan time Extension 1. PROJECT: Boynton Lofts (SPTE 09-006) AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: East Side Lofts, LLC LOCATION: 623 South Federal Highway DESCRIPTION: Request for a fourth one (1)-year site plan time extension for a new site plan (NWSP 05- 008) and height exception (HTEX 05-001) approved on April 19, 2005 and modified by minor site plan modification (MMSP 07-038), thereby further extending approval from April 19, 2009 to April 19, 2010. Ed Breese, Principal Planner, reported site plan extensions had been granted in 2006, 2007 and 2008. Pursuant to the original staff report, the project comprised 48 condominium units, retail and office space. The height exception was for an additional three feet above the 75 foot maximum height limitation in order to accommodate a stair tower. The minor site plan modification retained the 48 units, but eliminated the office space and reduced the amount of retail space. Additionally, the height was reduced to th 62 feet 10 inches on the Federal Highway frontage and to 53 feet 2 inches on the SE 4 Street frontage. In the previous time extension applications, Mr. Miller had indicated that the applicant completed the working drawings, marketed the project, received civil permits and expended approximately $730,000. In his current request, Mr. Miller noted the delay in the development was due to the downturn in the residential market. A more formal criterion for reviewing site plan time extensions included compliance with concurrency regulations. As the Palm Beach County traffic approval letter had indicated a build-out year of 2008, Mr. Miller would be required to secure an updated traffic performance approval letter before applying for any permits. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 The project was originally approved with a mixed-use low zoning. Since that time, mixed-use low zoning has been modified to a mixed-use low 1, 2 and 3. The subject portion of South Federal Highway is currently designated for mixed-use low 2, with a maximum height of 65 feet and a maximum density of 30 dwelling units per acre. The project currently exceeded the density limitation. However, it was staff's belief that it would not adversely impact the quality of life on the adjacent properties. Staff recommended that with the mixed-use low change in 2006, any major modification to the approved site plan be accompanied by a rezoning to mixed-use low 2. In 2008, the Board added a condition of approval requiring the building facades to mirror those of the original approval to which the applicant agreed. As such, staff has recommended approval of the requests, subject to all conditions of approval. Chair Jaskiewicz inquired whether the applicant had addressed previous comments of the Board relating to architectural elements which had been omitted from the project. Mr. Breese replied the issue had not been addressed as the applicant had not yet applied for permitting. At the time of permitting, the plans would be revised to reflect the architectural style of the original building. Bradley Miller, Miller Land Planning Consultants, Inc., representing the applicant, noted the applicant was aware of all the previous conditions of approval and agreed they would continue to apply. It was the desire of the applicant to pre-sell units and secure financing in order for the project to commence. Various financing options and project alternatives have been explored in order to keep the project alive until the market improves. It was questioned whether the civil engineering permits referenced earlier were active. Mr. Breese replied DOT (Department of Transportation) permits would likely still be active, but City permits probably would be inactive at this time. Chair Jaskiewicz indicated it would be unlikely the Board would consider a fourth extension in more favorable economic times, but in view of the current economic trend, requests for extensions were to be expected. Motion Mr. Myott moved to approve the request for a one-year site plan time extension for a new site plan and height exception extending approval from April 19, 2009 to April 19, 2010. Ms. Grcevik seconded the motion that passed unanimously. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 B. Pylon Interstate Plaza Phase II Site Plan Time Extension 1. PROJECT: Pylon Interstate Plaza Phase II (SPTE 09- 008) AGENT: Raymond Balassiano, A.I.A. OWNER: Woolbright Executive Center LLC LOCATION: 1501 corporate Drive DESCRIPTION: Request for a one (1)-year site plan extension for conditional use/major site plan modification (COUS 07-004/MSPM 07-007), and height exception (HTEX 07-005) approved on November 20, 2007, thereby extending site plan approval from May 20, 2009 to May 20, 2010. Mr. Breese noted the applicant requested staff withdraw the request for a site plan extension. Accordingly, this item was removed from the agenda. C. Aspen Glen Site Plan Time Extension 1. PROJECT: Aspen Glen (SPTE 09-009) AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: 7216 Lawrence Road, east side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road LOCATION: 1501 Corporate Drive DESCRIPTION: Request for a second (1)-year site plan extension for a new site plan (NWSP 06-025) approved on November 21, 2006, thereby extending site plan approval from May 21, 2009 to May 20, 2010. Kathleen Zeitler, Planner, advised the property consisted of 9.34 acres classified low density residential with a maximum of five units per acre and zoned PUD (Planned Unit Development). The approve site plan was for 45 single-family, zero lot line homes at a lower density of 4.82 units per acre. The first site plan time extension was approved September 18, 2008, extending the site plan expiration date to May 21, 2009. The extension was requested as the lack of sales and current market conditions have 5 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 delayed the project. The applicant is seeking pre-sales to secure financing. The plat for the PUD is under review and pending approval. Traffic concurrency was originally approved with a build-out date of 2008. However, the traffic concurrency approval has been updated reflecting a new build-out date of 2013. The utility reservation fee expired in November 2008, and the sum of $6,237 would be required to extend the fee for another year. Without the reservation fee, the Utilities Department could not guarantee capacity would be available at the time the developer was ready to move forward. All the previous conditions of approval for the project would continue to apply and would be addressed during the permitting process. Staff recommended approval of the request subject to the two recommended conditions. Bradley Miller, Miller Land Planning Consultants, Inc., advised he represented the applicant. Since applying for the time extension, the property had been assumed by the bank and sold to an investor who appeared to have the financial resources necessary to undertake the project. Mr. Bradley noted Senate Bill 360 provided latitude to municipalities and counties in granting extensions in light of the economic crisis. He was awaiting a response from the City Attorney as to his interpretation of the Bill. Chair Jaskiewicz inquired whether the developer had intended to pay the utility reservation fee, which was a recommended condition of approval. Mr. Bradley would verify this with the developer, but he believed the fee would be paid to ensure available capacity. The developer was aware of and agreed to all the previous conditions of approval associated with the project. Motion Vice Chair Saberson moved to approve staff's recommendation, including all of the conditions of approval recommended by staff. Mr. Barnes seconded the motion that passed unanimously. D. Land Development Regulations – Rewrite Group 7 Code Review 1. PROJECT: Land Development Regulations – Rewrite Group 7 (CDRV 07-004) AGENT: City-initiated DESCRIPTION A portion of Group 7 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Chapter 2, Article I Overview and Article II Planning and Zoning Division Services; and 6 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 An amendment to Group 5, to add "green" provisions to Chapter 3, Article V Supplemental Regulations. Chair Jaskiewicz reported she had received a letter of resignation from Mr. Poznak who was unable to continue serving on the Board because of time constraints. Chair Jaskiewicz would send a letter thanking Mr. Poznak for his many contributions to the Board. She noted Mr. Poznak's efforts resulted in the installation of a fence on the property of the Imagine Charter School. Eric Johnson, Planner II, noted the project consisted of eight phases and the subject rewrite represented a portion of the seventh phase. The objectives of the product would preserve and utilize the initial work efforts of the contractor, maximize user- friendliness, obtain feedback from the public regarding the proposed Article II, Planning and Zoning Division Services, use a flexible approach to the project and maintain the priority functions of the Planning and Zoning Division. In Article I, Overview had been broken down into several sections including a general segment, type of land development application, pre-application conference and a general review process. The language in the general review process was updated. Projects requiring public hearings would necessitate a review by staff with a recommendation to the applicable Advisory Board and City Commission for final approval. Language in Section 5 pertaining to development orders has remained the same. However, as the LDR project progressed, the existing text would be enhanced to include green and sustainable issues as well as economic incentives for business retention and attraction. Mr. Johnson noted recently-approved language for the expedited development review program had been repositioned into Article I. A user-friendly chart had been created to indicate the application type, code section, reviewing authority, approving authority and whether a public hearing would be required. Each entry would be included under Planning and Zoning, Engineering or Building Division Services, as well as Business Tax Services. The chart could be made available to the public. Mr. Johnson noted the Land Development Regulations (LDR) were currently available on line through American Legal. Article II, Planning and Zoning Division Services, consists of six sections as follows: ?Section 1. General. Includes standard text, fees and submittal requirements. ?Section 2, Standard Applications. Includes annexation, comprehensive plan amendment, conditional use, rezoning, sign programs and site plan applications grouped alphabetically. 7 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 ?Section 3, Planned Industrial Development (PID) Applications. Includes master site plan, technical site plan and use approval applications. Also included are waivers to standards found only in the PID such as mixed-use pods. ?Section 4, Relief Applications. Includes administrative adjustment and community design appeal applications, as well as height exception variances. ?Section 5, Permit Applications. Includes clearing and grubbing, sign and zoning permits. ?Section 6, Other Applications. Includes certificate of conformity applications which are new regulations, mobile vendor and sidewalk café approval applications, and wireless communication facility applications. The language for the wireless communication facility applications will be provided at a later date. Changes will be made to the supplemental regulations. New provisions are being created for green initiatives including compost bins and tumblers, rain barrels and solar photovoltaic arrays. Staff's intent for the rewrite is to streamline and create business- friendly processes and to introduce formalized processes and green-friendly regulations. The certificate of conformity applies to properties that became nonconforming as a result of roadway expansion and could be considered conforming based upon applicable review criteria. Requests for certificates of conformity are subject only to staff review and do not require either Board or Commission approval. Most of the submittal requirements were deleted from the Code for many of the applications and will be inserted on the application form. This will allow subsequent modifications to applications without the necessity of requiring an ordinance and public hearing. Approval will still be required by a resolution of the City Commission. A provision would be created to enhance the annexation application process to encourage the annexation of properties located in the unincorporated area of the County which have entered into water service agreements with the City. The future land map amendment and rezoning process would be required to be undertaken within six months of the annexation. A reversion clause has been created to allow the City Commission to delay reversions of future land use map amendment classifications for up to two years from the time the reversion of the zoning caused the inconsistency between it and the future land use map amendment classification. 8 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 The proposed language of the conditional use application would differentiate applications for site plans versus those which were merely for a use that was going into an existing building. Staff did not feel that a use that was going into an existing building required a full site plan review. A review would still be required by the Board and the City Commission. A use approval process would be required for any new use that was not included on the permitted use list and would be applicable only to Planned Industrial Developments (PID). This new process was created by a Code provision which allows administrative approval of uses qualifying under the City's Expedited Development Review Program. These would include green uses and uses that provide economic development and redevelopment. The types of applications eligible for waivers in mixed-used pods in the Planned Industrial Developments would be expanded to include "any site development standard to further economic, affordable housing, standard development and green building initiatives and those uses which are eligible for the Expedited Development Review Program." Requests for waivers would still be brought before the Board and City Commission. Improvements eligible under the administrative adjustment process would be expanded to include compost bins, solar photovoltaic PV arrays and HVAC (heating, ventilating and air-conditioning) units. These improvements would be applicable to property owners in conventional and single-family residential zoning and would be subject to setbacks. Improvements sought under the administrative adjustment process would not be subject to the variance process and would require staff review and approval only. Processes would be formalized, calling for comprehensive plan text amendments and changes to the Code to be initiated by the City only. This would eliminate frivolous requests from the public for a Code review, a change to the Zoning Code or to any other land development regulation. Review criteria were created specifically for both future land use amendment and rezoning applications. While the applications would be reviewed at the same time, separate review criteria would be applied. Staff anticipated the LDR Rewrite would be completed early next year. A review of Engineering and Business Tax Division Services would be necessary, and a chapter would be presented to the Board regarding the requirements necessary to establish the Planning and Development Board. Mr. Johnson noted the LDR Rewrite was a local issue and did not require DCA (Department of Community Affairs) approval. 9 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 Language has been included to require sign program applications in connection with site plan review. Regulations were clarified to allow sidewalk cafés only on sidewalks within public rights-of-way. Factors were updated to distinguish between major and minor master plan modifications, and less stringent regulations were established for green and sustainable initiatives. The City's Green Task Force would also be making recommendations in the future for additional language. Incentives were created for sustainable developments within the site plan review. Language was added in the application's purpose and intent to incentivize green initiatives by extending the expiration date of a site plan. Language was also included allowing certain green elements to be eligible for the height exception Provisions for compost bins, tumblers, PV arrays and rain barrels were created in the supplement zoning regulations. It was staff's intent to keep the rain barrels as close to a dwelling as possible. Staff recommended the Board approve the rewrite conceptually and forward the project to the City Commission accordingly. It was questioned whether the Board could assist the City in ensuring properties were properly maintained prior to the approval of a site plan extension. Mr. Johnson suggested review criteria be explored. Mr. Breese felt it would be more effective for the Board to place conditions at the time of approval rather than to retrofit language into the Code. With regard to submittal requirements for site plans, Mr. Johnson indicated all applications would be brought before the Board in the near future, providing ample time for review. Applications for sign permits which already had submittal requirements in the Code would not be brought before the Board. The submittal requirements for this type of application would be included on the application. It was questioned why sidewalk cafés were restricted to the CRA district and whether this could jeopardize outdoor seating currently existing outside of the CRA district. Mr. Johnson replied sidewalk cafés would be allowed in the CRA because the buildings were closer to the property line and the sidewalk was located within the right-of-way. It was questioned whether the City, pursuant to its annexation agreement, could annex a contiguous property by ordinance without having to obtain the consent or approval of the landowner. Mr. Johnson indicated if the City was not in violation of the annexation law by creating enclaves, the City could annex a contiguous property. Chair Jaskiewicz 10 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 noted the property behind Publix on Congress Avenue was completely contiguous and less than the 10 acres. While the landowner had been receiving City water, he or she had objected to the annexation. Chair Jaskiewicz requested staff review this matter to determine whether the property could be called in for annexation. Motion Ms. Barritt moved to accept the portion of Group 7 Deliverable of the LDR Rewrite and pass that along for approval to the Commission. Mr. Barnes seconded the motion that passed unanimously 6. Old Business: (taken out of order) A. Dogfather Mobile Vending Unit Tabled at the June 23, 2009 meeting 1. PROJECT: Dogfather (MVU 09-003) AGENT: Alicia Gondi, Cilantro Grill, LLC OWNER: Boynton JCP Associates, Ltd. LOCATION: 801 North Congress Avenue (Boynton Beach Mall) DESCRIPTION: Request for mobile vending unit (MVU) approval to be located outside the main mall entrance, on the north side of the entrance opposite the former Ruby Tuesday restaurant. Ms. Zeitler reported the Mall representative was not able to attend, and the applicant is requesting the matter be tabled until the next meeting. The Board had no objection. Motion Vice Chair Saberson moved to postpone the Dogfather Mobile Vending Unit item until next month's meeting. Ms. Grcevic seconded the motion that passed unanimously. Alicia Gondi, Cilantro Grill, LLC, apologized to the Board. 8. Other None 11 Meeting Minutes Planning and Development Board Boynton Beach, FL July 28, 2009 9. Comments by members Mr. Myott requested the minutes of June 23, 2009 meeting reflect his attendance at the meeting. 10. Adjournment There being no further business to discuss, the meeting properly adjourned at 7:44 p.m. +0 Stephanie D. Kahn Recording Secretary 072909 12