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Minutes 08-25-09 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, AUGUST 25, 2009, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Matthew Barnes Sharon Grcevic Candace Killian Jeff Lis Steve Myott Mike Rumpf, Planning Director Jamila Alexander, Assistant City Attorney ABSENT: Roger Saberson, Vice Chair Amber Barritt, Alternate 1. Pledge of Allegiance. Chair Jaskiewicz called the meeting to order at 6:30 p.m. Ms. Grcevic led the Pledge of Allegiance to the Flag. 2. Introduction of the Board. Chair Jaskiewicz introduced the members of the Board. 3. Agenda Approval. Motion Mr. Myott moved to approve. Ms. Killian seconded the motion that passed unanimously. 4. Approval of Minutes. Motion Ms. Killian moved to approve. Mr. Myott seconded the motion that passed unanimously. 5. Communications and Announcements. A. Final disposition of the July 28, 2009 Planning and Development Board meeting agenda items. 1 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 Mike Rumpf, Planning and Zoning Director, reported on action taken by the City Commission on projects reviewed by the Board: August 4, 2009: ?Two Code amendments, one pertaining to setbacks of ancillary gas pump centers as a principal use, and the other allowing funeral homes with a cemetery in the Commercial Zoning district C-3 were approved on second reading. The Code amendments pertained to the planned annexation, reclassification and rezoning of the Walmart and cemetery properties on North Seacrest Boulevard. ?Northstar and Sam's Club had been deleted from the agenda. The items had been tabled on numerous occasions and would hopefully be addressed in the future. ?New Urban High Ridge items were tabled to December 1, 2009. thth ?NE 11/NE 12 Avenue alley abandonment was approved. ?JR Water Sports alley abandonment on Federal Highway was approved. ?Two additional zoning text amendments, one pertaining to the review of zoning permits and verification, and the other establishing minimum side setbacks for driveways and other impervious surfaces, were approved. ?The text amendment for non-residential uses in a single-family zoning district was approved. The item pertained to a Commission directive to amend the Code to accommodate pre-existing churches. August 18, 2009: ?Land Development Regulations Rewrite-Group 7 deliverable was supported by the City Commission. ?Site plan time extensions for Boynton Lofts and Aspen Glen were extended. Mr. Rumpf noted the September 22, 2009 date scheduled for the next Board meeting conflicted with the City Commission's budget hearing date. As such, the Board agreed to meet on September 21, 2009. Mr. Rumpf would advise the members not in attendance of the rescheduled meeting date. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 Mr. Rumpf advised staff had been contacted by Vice Chair Saberson and Mr. Barnes. Mr. Barnes would be detained at a deposition in Miami and Vice Chair Saberson would be out of town. Chair Jaskiewicz opened the public hearing. Attorney Alexander administered to oath to all who would be testifying. 6. Old Business A. Dogfather Mobile Vending Unit Tabled at the July 28, 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. Kathleen Zeitler, Planner, noted the matter had previously been tabled as the Boynton Beach Mall representative was unable to attend the last Board meeting. The applicant had received a copy of Ordinance No. 07-024 and agreed to all requirements. The passages for pedestrians would be maintained and the mobile vending unit would be removed from the site each evening. Staff recommended the request be approved with no conditions. Any conditions required by the Board would be added to the mobile vending permit before being issued to the applicant. Alicia Gondi, of Cilantro Grill, LLC, noted the menu would consist of Mexican, Hawaiian, New York and Chicago hotdogs. The mobile vending unit would be well presented and attended by employees outfitted in uniforms. Chair Jaskiewicz commented while there had been no issue regarding the quality of the food, some of the Board members felt the location outside the entrance of a restaurant was inappropriate. She would have no objection if the mobile vending unit were to be located inside the Food Court, competing with other vendors. Additionally, she felt the sidewalk location would not enhance the Mall. It was questioned whether mall management felt the mobile vending unit would be beneficial to the Mall. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 Mick Grosh, General Manager of Boynton Beach Mall, believed the unit would benefit the mall as well as the community. Unlike Boca Town Center, the Boynton Beach Mall was more of a neighborhood shopping area. He believed the mobile vending unit would fit in well with families in the City, as the mall provided a large play area, carousel, and "Dippin' Dots" ice cream. He contended the City Commission had recently approved exterior events at the mall. Mr. Grosh felt the Dogfather unit would lend itself to the Boynton Beach Green Market, which would be relocating to the east entrance in front of the Food Court. Chair Jaskiewicz inquired whether any consideration had been given to locating the mobile vending unit inside the Food Court. Mr. Grosh responded if the unit were located inside, an in-line store would be required. Hoods would have to be purchased to prevent steam from damaging the ceilings, and the expense would likely preclude Ms. Gondi from operating the business. Mr. Grosh felt the exterior location would prove to be positive, and the design of the unit would be family oriented. Security would be provided, and no walkways or exits would be obstructed. Molly's Trolley and Palm Tran provided transportation to and from the Mall. The Board's comments included the following: ?The mobile vending services would generate business for both the City and the mall. ?The cart would encourage competition in a "fun" atmosphere. ?Along with the movie theater, the unit would "beef up" business and revive the mall. While the unit would provide competition for the Food Court, it would not compete with a restaurant which provided “sit-down” service. The question was raised as to whom the former Ruby Tuesday space was being marketed, whether any interest had been generated and whether potential lessees were aware the mobile vending unit would be located directly outside the premises. Additionally, it was inquired whether the proposed location precluded Mr. Grosh from leasing the space to restaurants similar in class to Ruby Tuesday in the future. Mr. Grosh replied while there had been a good deal of interest, the space was technically leased to Ruby Tuesday through 2012. Additionally, Ms. Gondi's lease would be subordinate to any other lease provided for that space. The mall would allow Ms. Gondi the flexibility of working on days which generated the most business. In response to Chair Jaskiewicz's inquiry, Ms. Zeitler reiterated the cart would be removed from the site every evening and was required to remain in the approved 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 location only. If a conflict forced Ms. Gondi to relocate, the new location would require the Board's approval. Chair Jaskiewicz felt mobile vending units were appropriate along roadways or outside "Home Depot," but would not contribute to the mall's standing. Mr. Grosh was asked if Lindburgers had been made aware of the mobile vending service, as the restaurant had been negotiating for the Ruby Tuesday space. Mr. Grosh noted the location of the mobile vending unit would not have been an issue as the lease for any restaurant would take priority over the Dogfather lease. Once Ms. Gondi's business was established, consideration could be given to relocation, possibly by placing the cart in between the movie theater and Too Jay's Deli. Ms. Gondi noted she currently operated a catering business and had set up the mobile vending unit at Walmart and at various festivals. Motion Mr. Myott moved to approve the mobile vending unit 09-003 at the stated location at the Boynton Beach Mall, subject to all staff comments. Ms. Killian seconded the motion. Mr. Lis requested the portion of the lease agreement referred to in the discussions be made a part of the record. The applicable portion indicated a subsequent user of the Ruby Tuesday space would have the ability to preempt the mobile vending services. Mr. Myott amended his motion as such. Ms. Killian seconded the motion as amended. Mr. Grosh indicated his acceptance of the added provision. The amended motion passed 4-1. (Chair Jaskiewicz dissenting.) (Mr. Barnes had not yet arrived at the meeting.) 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 time extension for conditional use/major site plan modification (COUS 07-004/MSPM 07-007), and height exception (HTEX 07-005) approved 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 on November 20, 2007, thereby extending site plan approval from May 20, 2009 to May 20, 2010. Ed Breese, Principal Planner, noted in accordance with the previous staff report, the applicant had received approval to construct an office building of approximately 29,000 square feet at the southwest corner of Woolbright Road and Corporate Drive. The applicant had also received approval for a height exception of approximately eight feet for a small segment of parapet wall above the entry on the west elevation and mirrored on the east elevation. Pursuant to the justification statement, the applicant had been working with the Lake Worth Drainage District to provide an easement on top of the canal bank for routine and emergency maintenance purposes. Staff had attended several meetings with the parties to ensure any action on the part of the Lake Worth Drainage District would not adversely impact the approved site plan. The items had been resolved and the applicant had completed the working drawings, received first-review comments from the City and was ready to submit the second review plans to the City for permitting purposes. The site plan time extension was still subject to all previous conditions of approval and as such, staff recommended approval of the request. The applicant indicated his agreement to all conditions of approval. Motion Mr. Myott moved to approve a one-year site plan extension for Pylon Interstate Plaza Phase II, subject to all staff comments. Ms. Grcevic seconded the motion that passed unanimously. 7. New Business A. Women's Circle Office and Classrooms Zoning Code Variance 1. PROJECT: Women's Circle Office and Classrooms (ZNCV 09-002) AGENT: Larry Winker, A.I.A. OWNER: Sister Lorraine Ryan, Women's Circle, Inc. th LOCATION : 912-914 SE 4 Street DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.2. requiring that off-street parking 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 spaces be located within 300 feet of the subject use and be owned by the subject property owner, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district. th Ms. Zeitler advised the Women's Circle was relocating to 912 SE 4 Street. The change of use for the property from residential to commercial would require compliance with commercial development regulations including temporary parking and handicap accessibility. The applicant would be unable to provide the required parking on-site and proposed to provide parking off-site via the new parallel parking spaces. The applicant had entered into a temporary license agreement with the City to utilize municipal parking at the Senior Center. The lot on the west would be used primarily on Saturday mornings. Special circumstances existed as, unlike other sites in the area, the property did not have a driveway and had always utilized on-street parking. The addition of on- street parking spaces in front of the property would cause the loss of six feet of the front yard for a sidewalk. Staff believed a hardship existed that was not self-imposed and recommended approval of the request. (Mr. Barnes arrived at 7:01 p.m.) Sister Lorraine Ryan, Coordinator of the Women's Circle, Inc., was accompanied by her Co-Coordinator, Sister Joan Carusilo, Governing Board Director Eileen Augustyn, staff and students. She noted several of the classes were offered on Tuesday, Wednesday and Thursday evenings while the Senior Center was closed. Chair Jaskiewicz had visited the site and observed there had been no on-site parking. She had also determined a scheduling conflict existed on Thursday from 11:00 a.m. to 2:00 p.m. The Senior Center held a heavily-attended dance at that time causing both parking lots to be filled. The Friday schedule from 12:00 noon to 1:30 p.m. could pose a problem as well. Patrons visiting the Center generally remained for lunch, even when an activity concluded at noon. Sister Lorraine did not believe the scheduling conflicts would present a problem. The Thursday English (ESOL) class started at 9:30 a.m. and the sewing class was offered from 11:00 a.m. to 2:00 p.m. Many of the women attending classes walked, used public transportation, or teamed up with another individual. Thus, the use of the parking lot at that time would be minimal. Friday classes offered staggered English (ESOL) and computer classes. Average attendance included four students, but as many 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 as 10 attended the sewing class. Sister Lorraine would be meeting monthly with Steve Lulkin at the Senior Center in an effort to ensure there would be no scheduling issues. She estimated the Women's Circle would not be fully functioning until early January 2010. Sister Lorraine noted the Women's Circle cumulatively served 500 women over the course of a year. In addition to the classes offered, clients who sought employment were assisted on an individual basis. A support group met on Wednesday evenings at the Treasure Chest Early Learning Center and averaged between 15 and 20 attendees. The Women's Circle would continue to offer classes and events at different locations. Attorney Alexander administered the oath to Mr. Winker, as he had arrived after the meeting commenced. Larry Winker, architect, advised he was working with Sister Lorraine to develop the plans for the project. The architectural element issues had been addressed and the plans were currently on file for building permitting. A great deal of work had been performed on the exterior. The plan indicated a “Y”-shaped sidewalk currently did not meet Code requirements. All new walkways were being installed and would be flush with the thresholds of the present facility, and with the new walkway to be provided by the City. The improvements would facilitate a user-friendly entrance to the facility. All paint surfaces on the interior and exterior would be freshened. An irrigation system existed at the site, and it was hoped plant materials would be contributed. Signage had not been addressed but might be considered in the future. Sister Lorraine noted the Women's Circle operated as a 501(c)(3) non-profit charitable organization, functioning 100% from charitable donations. All services to the women were free. Chair Jaskiewicz invited comments from the public. No one came forward and public comments were closed. Motion Mr. Lis moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.1.2. requiring that off-street parking spaces be located within 300 feet of the subject use and be owned by the subject property owner, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district). Ms. Grcevic seconded the motion that passed unanimously. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 B. Baywalk Site Plan Time Extension 1. PROJECT: Baywalk (SPTE 09-007) AGENT: Alberto Herrera, P.E., Development Consulting Group, Inc. OWNER: Southern Homes of Palm Beach V, LLC LOCATOR: 3103 South Federal Highway, west side of Federal Highway approximately 1/8 mile south of Old Dixie Highway DESCRIPTION: Request for a one (1) year site plan time extension for a new site plan (NWSP 08-001) approved on January 2, 2008, thereby further extending site plan approval from July 2, 2009 to July 2, 2010. The applicant was not present. Attorney Alexander advised the item could be addressed if the Board wished to do so. Motion Mr. Lis moved to deny. There was no second to the motion. Motion Mr. Myott moved to table. Mr. Barnes seconded the motion that passed 5-1 (Mr. Lis dissenting). C. Casa del Mar Site Plan Time Extension 1. PROJECT: Casa del Mar (SPTE 09-010) AGENT: Bonnie Miskel of Siegel, Lipman, Dunay, Shepard & Miskel, LLP OWNER: Lancore Nursery, LLC LOCATION: 2632 North Federal Highway DESCRPTION: Request for a third year site plan time extension for a new site plan (NWSP 06-015) and height exception (HTEX 06-007) approved on July 18, 2006, thereby further extending site plan and height exception approval 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 including concurrency certification from July 18, 2009 to July 18, 2010. Mr. Breese noted the property was located within the Federal Highway Corridor Redevelopment Plan Study Area #1. In accordance with the original staff report, the project had been approved for 42 townhomes and 40 condominium units. Pursuant to the justification statement, the applicant had obtained a statewide programmatic general permit, filing a joint application with South Florida Water Management District and the Army Corps of Engineers to allow a dredge and fill within the Intracoastal Waterway. The applicant had also responded to the agencies' requests for additional information, and anticipated the State Sovereign Lands Review would be completed within six months. It was the intent of the applicant to submit for building permits through the City once all the necessary permits had been acquired from the outside agencies. As a result of the downturn in the residential market, the applicant had been considering other development possibilities for the property. The applicant was currently considering water-based operations such as a marina, with dry storage and wet slips. The applicant wished to retain its existing approvals until it was determined whether the marina plan would proceed through the staff review process and to the Board and City Commission. A more formal criterion for reviewing site plan time extensions would be compliance with concurrency requirements. The applicant's approval from Palm Beach County had expired in 2008. Therefore, an updated traffic approval letter from the County would be required before any permits for construction were pulled. Staff recommended approval of the one-year time extension. Bonnie Miskel, appearing on behalf of the applicant, noted a different application had been filed changing the use to a use that could function in the current economy. The applicant was continuing to process the environmental permits which began two years ago, as there was an overlap with regard to the waterfront use. It was the desire of the lender that the entitlements remain intact until another use was approved. Ms. Miskel requested the current use be extended until an alternative use was approved by the Board. Chair Jaskiewicz disclosed that she had briefly spoken to Ms. Miskel regarding the project and the potential for a development to replace residential. Mr. Myott disclosed he had spoken with Ms. Miskel as well. Mr. Lis had spoken with Mr. Rumpf regarding the item and had no objection to the manner in which the applicant was proceeding with regard to the development of the property. He had also met with the principal. 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 Chair Jaskiewicz opined the Intracoastal was the City's greatest natural resource, and should be utilized to the fullest extent. She invited public comments. th Harry Woodworth, 618 NE 15 Place, expressed concern as the plan provided for an 82-foot high building. Additionally, equipment backing up at construction sites created a nuisance by beeping constantly. He did not believe these issues were consistent with the IPUD (Infill Planned Unit Development) to the north or the R1AA to the south. If the existing project were to be approved, he requested consideration be given to compatibility issues that were incorporated into land use regulations and IPUD ordinances. Mr. Breese indicated it was staff’s practice to work through Land Development Regulations associated with projects and compatibility would be staff's chief concern. Motion Mr. Lis moved that the Board approve the one-year extension subject to the original conditions of approval. Mr. Myott seconded the motion that passed unanimously. D. Recreation Surface Water Policies Comprehensive Plan Text Amendment 1. PROJECT: Recreation Surface Water Policies (CPTA 09-001) AGENT: City-initiated DESCRIPTION: Request to amend Policy 1.3.1 of the Future Land Use Element, to add four (4) policies to the Coastal Management Element, and to add a policy to the Intergovernmental Coordination Element in support of marine-oriented and water-dependent uses for economic development and natural protection. Hanna Matras, Economic Research Analyst, advised staff proposed text amendments be added to the comprehensive plan under the title, "Recreation Surface Water Use Policies." All text amendments were large scale and were exempt from the twice-yearly amendment cycles. Amendments would be made to Policy 1.3.1 of the Future Land Use, Coastal Management and Intergovernmental Coordination Elements. If approved, the amendments would be submitted to the Department of Community Affairs outside of the twice-yearly cycle. 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 The amendment proposed for Policy 1.3.1 would add marine-oriented and water- dependent uses to uses allowed in the Special High Density Residential use category in conjunction with the Palm Beach County Manatee Protection Plan. It would be required that a site for a proposed facility be in a “preferred” area, consistent with applicable plan recommendations and policies for boat facilities. Also proposed was the addition of policies to the Coastal Management Element adopting the County Manatee Protection Plan by reference and establishing siting guidelines applicable to marinas, boat ramps and other water-dependent uses. In addition, the City would be required to preserve its existing working waterfronts (Harbor Marina and Boat Club Park). An amendment was also proposed for the addition of a policy to the Intergovernmental Coordination Element to support the implementation of the County Manatee Protection Plan and to coordinate with the County all issues regarding compliance with the Manatee Protection Plan’s Boat Facility Siting Plan. Any issues relating to the impact of the uses would be addressed in future Land Development Regulations. As such, staff recommended the Board approve the amendments, and recommended the City Commission approve the amendments for transmittal to the Florida Department of Community Affairs. It was noted INCA (Inlet Cove Association) and other neighborhood representatives had addressed concerns regarding future expansion of the preferred area. In the event of an expansion, neighborhood representatives believed some form of notification should be built into the process. They also believed a method for dealing with the beeping generated by construction equipment should be implemented. Policies should be tied to the Code that addressed neighborhood compatibility with use changes in the preferred area in order to protect property owners and their rights. Ms. Matras believed it would be unorthodox to include a notification requirement in the comprehensive plan policy. Rather, she suggested a notice provision could be incorporated into the Land Development Regulations. Mr. Rumpf pointed out any change would require an amendment to the plan and a legal advertisement would be placed in the newspapers. In addition, the public could request direct notification, and the Board could make a recommendation that the City Commission approve the notification requirement. Ms. Matras noted the noise element would be subject to a Code amendment. Mitigation of the nuisance impact would not be part of the comprehensive plan and would be addressed by staff in a subsequent review. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 Ms. Matras proposed language be added to the last sentence in Policy 7.11.7 to ensure the protection of the existing single-family neighborhood. Mr. Rumpf suggested language also be included to further continue the compatibility provisions of the corresponding zoning districts. Motion Mr. Lis made a motion that the Board move the comprehensive plan text amendment forward with the additional language suggested by Mr. Rumpf to address the addition of neighborhood compatibility in addition to the existing provision cited in Policy 7.11.7. Mr. Myott seconded the motion that passed unanimously. 8. Other None 9. Comments. None 9. Adjournment. There being no further business to discuss, the meeting properly adjourned at 7:48 p.m. Stephanie D. Kahn Recording Secretary 082509 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 Ms. Matras proposed language be added to the last sentence in Policy 7.11.7 to ensure the protection of the existing single-family neighborhood. Mr. Rumpf suggested language also be included to further continue the compatibility provisions of the corresponding zoning districts. Motion Mr. Lis made a motion that the Board move the comprehensive plan text amendment forward with the additional language suggested by Mr. Rumpf to address the addition of neighborhood compatibility in addition to the existing provision cited in Policy 7.11.7. Mr. Myott seconded the motion that passed unanimously. 8. Other None 9. Comments. None 9. Adjournment. There being no further business to discuss, the meeting properly adjourned i1t 7:48 p.m. ~Q-L Stephanie D. Kahn Record i ng Secreta ry 082509 13