Minutes 01-26-10
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD ON TUESDAY, JANUARY 26, 2010, At 6:30 P.M. IN
COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Shirley Jaskiewicz, Chair Michael Rumpf, Planning Director
Roger Saberson, Vice Chair Jim Cherof, City Attorney
Matthew Barnes
Candace Killian
Jeff Lis
Steve Myott
Warren Timm
Leah Foertsch, Alternate
ABSENT: Sharon Grcevic
1. Pledge of Allegiance.
Chair Jaskiewicz called the meeting to order at 6:30 p.m. Mr. Barnes led the Pledge of
Allegiance to the Flag.
Chair Jaskiewicz acknowledged the presence of Mayor and Mrs. Taylor.
(Mr. Lis left the dais at 6:30 p.m.)
2. Introduction of the Board.
Chair Jaskiewicz noted a letter from William Thrasher, Gulf Stream Town Manager, had
been submitted to the Board just prior to the commencement of this meeting. Mr.
Thrasher requested the items set forth on the agenda be tabled to the next Board
meeting. Chair Jaskiewicz believed it would be to Mr. Thrasher's advantage to learn
more about the project, voice his opinions on the issue and hear the recommendations
of the Board. He could also attend the City Commission meeting on February 16, 2010,
at which time a final decision would be rendered on the matter. Staff would have
ample opportunity, prior to the Commission meeting, to work with the applicant
regarding the proposed changes offered in response to staff's conditions of approval.
Chair Jaskiewicz introduced the members of the Board.
3. Agenda Approval.
Motion
Vice Chair Saberson moved to approve the agenda. Mr. Timm seconded the motion
that passed unanimously.
1
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
4. Approval of Minutes
Mr. Barnes moved to approve the minutes as submitted. Vice Chair Saberson seconded
the motion that passed unanimously.
5. Communications and Announcements: Report from Planning and
Zoning Director.
Michael Rumpf, Planning Director, reported on the outcome of items previously
reviewed by the Board and the action taken at the City Commission meetings as
follows:
January 5, 2009
?Pro Golf Mega Mini Administrative appeal – granted.
January 19, 2009
?Casa del Mar Yacht Club – approved.
Included in the approval were text amendments and privately-initiated applications, the
second reading of the ordinances for rezoning, conditional use, new site plan approval
and the Zoning Code variances for building height and landscaping requirements.
?Hemingway Square Medical Office – approved.
Included in the approval were the new site plan and first readings of the Land Use
Amendment and Rezoning ordinances.
?Land Development Rewrite Group 7 – supported by the City Commission.
Chair Jaskiewicz inquired whether all of the specific recommendations (underground
wiring, etc.) made by the Board were included and approved with regard to the Marina.
Mr. Rumpf replied affirmatively. He also noted there had been no change in the
building height which was approved "as is," and no subsequent modification was made
to the text for the IPUD (Infill Planned Unit Development) zoning regulations which was
returned to the Commission for reconsideration.
6. Old Business:
None.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
7. New Business:
Attorney Cherof administered the oath to all who would be testifying. He provided an
explanation of the quasi-judicial process and inquired whether the applicant had any
objection to conducting the quasi-judicial hearing for all of the items as one single
quasi-judicial hearing. The applicant had no objection, nor did the applicant object to
staff members providing their presentation first.
A.1. WalMart at Gulfstream Boulevard (ZNCV 10-001), Zoning
Variance, located at 3629 and 3675 South Federal Highway. Request
approval for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2. Zoning, Section 8.5.B.4.a, Urban Commercial
District Overlay Zone, requiring the front build-to line to be between 5 feet
and 15 feet, to allow building to be set back approximately 68 feet from
the east property line, resulting in a variance of 53 feet; and
WalMart at Gulfstream Boulevard, (ZNCV 10-002), Zoning
Variance, located at 3629 and 3675 South Federal Highway. Request for
relief from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning, Section 8.5 B.4.a., Urban Commercial District Overlay
Zone, requiring the side (corner) build-to line to be between 10 feet and
15 feet, to allow the building to be set back approximately 276 feet from
the south property line, resulting in a variance of 261 feet; and
WalMart Gulfstream Boulevard, (ZNCV 10-003), Zoning Variance,
located at 3629 and 3675 South Federal Highway. Request for relief from
the City of Boynton Beach Land Development Regulations, Chapter 2.
Zoning, Section 8.5 B.4.a., Urban Commercial District Overlay Zone,
requiring the side (corner) build-to line to be between 10 feet and 15 feet,
to allow the building to be set back approximately 168 feet from the west
property line, resulting in a variance of 153 feet.
B.2. WalMart at Gulfstream Boulevard, (NWSP 10-001), New Site
Plan, located at 3629 and 3675 South Federal Highway. Request for new
site plan approval for a proposed one-story retail building of 93,755
square feet and related site improvements on a 9.36 acre parcel.
Applicant: WalMart Stores East, LP.
Mr. Rumpf reviewed the proposed project as set forth in the staff report provided with
the meeting materials, a copy of which is on file with the original minutes in the City
Clerk's Office. In pre-application meetings with staff, the applicant had indicated that
3
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
the design of the proposed WalMart was part of the new branding being unveiled by
WalMart. Staff was concerned with the "boxiness" and plain appearance of the
structure, especially in view of the proposed location at the southern gateway to the
City. Additionally, the design of the building would not comply with required build-to
lines of the Urban Commercial District Overlay Zone and the variance applications would
be required with the site plan submittal. Staff recommended a number of façade
improvements to offset the fact that the building would be set back to resemble a
suburban shopping center, rather than the urban showpiece envisioned by the City. In
response, the architect had made changes to the plans.
Images were included with the meeting materials of a WalMart constructed in Highland
Village, Texas, and a proposed project for the Edgewood Retail District in Atlanta. The
staff report noted that a publication entitled Meeting the Big Box Challenge conveyed
that WalMart had selected Atlanta to build the most urban store in the country, despite
the challenge of finding an available site to accommodate a big box retail store and that
the construction had been completed. Staff had been informed by an agent of WalMart
that the structure had not been completed. Staff, however envisioned Edgewood as a
feasible project as it had been designed with vision glass, covered weather-protected
walkways, tower features with glass and non-continuous facades giving the illusion of
several storefronts rather than a single building. Staffs' report also referenced a
statement attributed to Michael Driver in the aforesaid publication opining that WalMart
believed the Atlanta store would be representative of the manner in which retail
development in urban centers should be done. The publication denoted that Mr. Driver
was WalMart's Real Estate Manager. Staff had been informed, however, that Mr. Driver
was not an employee of WalMart.
Based upon the minimal architectural changes made to the plans after being made
aware of staff's comments and WalMart's ability to be flexible in their store designs,
staff recommended architectural enhancements to the east elevation, south façade and
west façade, as set forth in staff reports, as conditions of approval of the site plan and
variance applications. It was noted the significance of the west façade included its
exposure to Old Dixie, development of Gulfstream Gardens and the renewed interest in
the Estates of Heritage Club project.
The applicant has made application to the Community Redevelopment Agency for grant
dollars which should be an investment in job creation as well as the physical presence
of the building.
Staff recommended approval of the site plan with the noted conditions. With regard to
the variances, staff advised the proposed location of the WalMart building was not as
contemplated in the redevelopment plan or the Urban Commercial District Overlay
Regulations, and that there were certain limitations and restrictions on the property
4
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
which prohibited total compliance. None of these factors were caused by the actions of
the applicant. Based upon its analysis, staff concluded that the variance criteria had
been met and the variances were justified. As such, staff recommended approval.
(It was announced Mr. Lis would not be returning. As such, Ms. Foertsch assumed her
position on the dais at 6:55 p.m.)
Susan Motley, attorney representing WalMart, advised she was accompanied by Lucas
Anthony, Project Civil Engineer, Dave Sims, Landscape Architect, Chris Hagen, Traffic
Consultant and Mike Blinn, Architect. While WalMart had previously built large stores
and older general merchandise stores in the western areas of Palm Beach, Broward and
Miami-Dade Counties, WalMart was currently focusing on the eastern areas of South
Florida. The size of the store proposed for Boynton Beach would be approximately
97,000 square feet, a great deal smaller than the supercenter currently located in the
City, and would feature general merchandise and full-service grocery components.
Standard construction and operating procedures for WalMart's environmentally-friendly
stores include the use of the following:
?Daylight harvesting via skylights, with an integrated management system for
interior light control and dimming.
?Exterior lighting, using energy-saving LED lighting for freezer and jewelry cases,
as well as a dehumidification system for freezers and refrigerated cases to
reduce energy.
?Non-ozone depleting refrigerants.
?Traditional concrete mixed with industrial bi-products.
?High-luster integrally-colored concrete floors which require less buffing and
maintenance than previous WalMart concrete floors, thereby reducing energy
and water consumption.
?Low or no volatile organic compounds in all paints and adhesives.
?Sensor-activated faucets, high-efficiency toilets and urinals, and miniature
turbines in restroom faucets which generate electricity that powers the sensors.
?Sandwich baling program which helps to recycle plastic and cardboard.
?Enclosed compactors attached to the building. WalMart does not use dumpsters.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
WalMart has one of the largest truck fleets in the country, having increased fleet
efficiency by 25% in the last three years. It was WalMart's goal to double the fleet
within the next seven years. The site plan called for the trucks to access the site from
Dixie Highway, and exit out onto Federal Highway. Merchandise would be loaded and
unloaded from semi-trailer tractor trucks via an apparatus attached to the building.
Bread trucks used for deliveries would be parked in the front or side of the store.
Attorney Motley requested the staff report be incorporated into the record.
Mike Blinn, with BRR Archtecture in Merriam, Kansas, advised changes had been
made to the plans on January 25, 2010 and as such, had not yet been provided to the
Board or to staff.
Chair Jaskiewicz disclosed that the Board members may have been contacted
individually by the applicant or its representatives with regard to the project. As such,
the Board members were polled and advised as follows:
?Ms. Foertsch had not been contacted.
?Mr. Timm had been contacted by telephone. He was asked his opinion of the
project, and he echoed staff's comments and recommendations.
?Mr. Myott had spoken with Jim Knight on the telephone and had exchanged
emails relative to the comments.
?Chair Jaskiewicz received a telephone call, and she conveyed her opinion which
was to abandon the existing prototype and develop something more suitable for
the area.
?Vice Chair Saberson was called by Jim Knight. Vice Chair Saberson did not
express an opinion on the project. Mr. Knight indicated Vice Chair Saberson
should contact him if he had any questions. Vice Chair Saberson did not contact
Mr. Knight.
th
?Ms. Killian had been contacted and spoke with Jim Knight briefly on January 25.
The discussion included nothing more than a request by Mr. Knight for Ms. Killian
to call him if she had any questions.
?Mr. Barnes had spoken to Jim Knight last Friday.
Mr. Blinn indicated he began developing the branded design approximately two years
ago. The design consists basically of the WalMart brand wall made up of a trespa
6
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
phenolic core material that is adhered to a multi-colored CMU substrate. The colors
were designed for WalMart, as WalMart was desirous of returning to more of an earth-
tone look for its buildings. The basic prototype of the building featured two entrances.
However, the smaller building proposed for Boynton Beach had only one entrance. The
entrance included wayfinding signage to differentiate parking areas for the grocery and
general merchandise area. The façade was broken up by using different materials.
Public amenity pieces would be placed in the pedestrian area. The tower elements
were not included in the plain prototype, nor were the pilasters with additional windows
or metal bar. Mr. Blinn reviewed the remainder of the components and elements to be
used, including the front, right-side, rear and left-side elevations. Mr. Blinn had worked
with Lisa Spinks, Director of Design for WalMart, with regard to modifying the plans in
accordance with staff's comments. As the changes had only been made the night
before, staff had not had an opportunity to review the modifications which included the
following:
East Elevation
?Removed the metal canopy and created a pedestrian walkway underneath the
WalMart sign.
?Created more of a monumental piece facing Federal Highway.
?Raised the tower element and reconfigured the windows and cornice work.
?Added additional breaks in the parapet line.
The applicant had issues with the use of faux windows because humidity caused the
film that coated the glass to peal and flake. Instead of using spandrel glass, the
applicant attempted to create an architectural element that provided the feeling of a
window. They raised the corner elements, adding EFUS material and creating a triple
window effect with a slatted awning. The main element on the east side was brought
out in an attempt to create a waiting area across the parking area in the event of rain.
South Elevation
?Raised the height of the building.
?Removed bar elements from the window frame.
?Used slatted awnings at the cart storage and break-room areas.
?Created an all-glass entrance.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
?Added a stair-step parapet and window look.
West Elevation
?Addressed the corner element.
?Reconfigured the windows to match the remainder of the corners.
?Replaced the three-pilaster configuration and removed the metal bar.
?Added a stair-step parapet and window look.
Attorney Motley noted it was the hope that the project would trigger development in
the area and create approximately 300 full-time jobs. She noted the current average
hourly rate paid to WalMart workers was $11, and WalMart promoted its workforce
from within. WalMart has been a leader in recent years in providing healthcare in an
industry that did not generally provide healthcare to its employees.
Based upon the staff report and the variances applied for by the applicant, the
uniqueness of the property, the rights-of-way, and the fact that the project was a
single-use rather than a mixed-use project, Attorney Motley believed WalMart had
complied with the requirements for the variances.
Chair Jaskiewicz inquired whether any graphics were available. Attorney Motley replied
a rendering was being prepared to reflect the building together with the proposed
landscaping. A low-volume drip irrigation process would be used in the landscaping.
An entry feature to the City would be included in the project and the Art in Public Places
requirement would be incorporated as well. Attorney Motley displayed a preliminary
graphic which incorporated the fountain and sailfish of Boynton Beach which used the
curved line observed on WalMart stores. Discussions had included placing the graphic
on the WalMart property at the corner or placing a portion in the City right-of-way. The
details would be worked out with City and CRA staff. Chair Jaskiewicz recommended
that the graphics and suggested changes to the building be completed before being
presented to the City Commission for approval.
Chair Jaskiewicz opened the public hearing.
Robert Ganger, President of the Gulf Stream Civic Association, advised he had just
learned of the project at 6:00 p.m. this evening. While WalMart was a supreme
brander, he believed the Board should be more concerned about the Boynton Beach
brand rather than the WalMart brand. While he felt the project would improve the
8
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
area, he urged the Board not to act hastily and to allow the residents and neighbors of
Place au Soleil an opportunity to comment on the project.
Bill Thrasher, Town Manager, Town of Gulf Stream, noted he had provided a letter
requesting the items on the agenda be tabled until the next meeting. Chair Jaskiewicz
noted earlier that it was to Mr. Thrasher's advantage to learn more about the project.
Comments would be made by Board members individually, and the City Commission
would be making the final decision on the matter.
Mr. Thrasher believed the Commission would listen closely to the recommendations of
the Board. He felt that it was improper for WalMart's representatives to make changes
that neither the Board nor staff had reviewed. As the matter had not been tabled, Mr.
Thrasher requested the matter be deferred until staff had ample time to make a proper
recommendation.
Chair Jaskiewicz pointed out WalMart will be required to meet the conditions of
approval by the time the matter is presented to the City Commission for approval.
Ned McDonald, landowner in Place au Soleil, had observed the notice for this meeting
last Tuesday. He had taken a photograph of a Publix store located on El Camino Real
and Federal Highway in Boca Raton, which he believed was an attractive entryway into
the City. He provided copies of the photograph to the Board. The purpose of the
photograph was to demonstrate what the City of Boca has done to obscure that corner
while making it very attractive, and he felt Boynton Beach could do something similar
rather than what was currently proposed.
Chair Jaskiewicz believed the applicant was making every effort to construct a project
as attractive as the Publix project shown in the photograph. One of the conditions of
approval eliminated the existing prototype and as such, the proposed store would be
much more attractive than the existing WalMart.
Mark Karageorge, 240A Main Boulevard, pointed out that the two individuals who
spoke did not pay taxes in Boynton Beach. When the Boynton Beach City Commission
and Community Redevelopment Agency requested help to remove a nuisance business,
no assistance was provided by the Town of Gulf Stream. The proposed project is an
economic development catalyst for the City and the applicant was willing to create an
attractive gateway to the City. The proposed project would provide 300 jobs to the City
and increase the tax base so that the City would not have to increase taxes for seniors
and working families. The area in which the project would be located is heavily
populated with senior citizens. When completed, the project would be a destination
point for Boynton Beach, Gulf Stream, Ocean Ridge, Briny Breezes and Delray Beach.
9
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
Vivian Brooks, Assistant Director, Boynton Beach Community Redevelopment Agency,
noted the CRA had been actively involved in the redevelopment of the site for some
time. Originally the area was designed for a mixed-use project which was supported by
the CRA. The CRA supports the redevelopment of the site to the extent that $1.1
million has been invested to date to rid the corner of the strip club. The CRA supports
the WalMart project and the jobs it will bring. The applicant has been flexible in
working with the site, which is presented with site plan challenges as a result of the
uniqueness of the property. The project could be operational in a relatively short period
of time which would help the south end, one of the major goals of the Federal Highway
Corridor Redevelopment Plan. The site remained vacant for some time and WalMart is
making a valid effort to comply with the CRA and City staff's vision for that area. A
resurgence in the residential market was not anticipated for a while. However, if
residential activity increased in the future, services for the residents would be
necessary. The CRA supports and will be bringing forward to the Commission a
brownfield job tax credit and potentially a TIF (Tax Increment Financing) agreement to
assist WalMart with the project.
Michael Meyer, resident of Gulf Stream, Place au Soleil, brought with him a report
representing crimes brought to the community by WalMart stores across the country.
Chair Jaskiewicz did not believe the report was applicable to the project.
Justus Brown, former employee and property owner in Boynton Beach, believed the
project would enhance the community and bring jobs into the City.
Jim Knight had previously contacted the Board members for their opinions relating to
the project. He had been involved with the property since 2003 and since that time,
there had been more than 200 incidents with Club Ovation and the strip club. Had their
20-year lease not been bought out, Club Ovation and the strip club would still be in
business. Mr. Knight looked forward to a positive development that would provide jobs
and increase the tax base for what had been a blighted property for seven years.
Chair Jaskiewicz reiterated the matter would be brought before the City Commission at
its February 16, 2010 meeting.
No one else having come forward, the public hearing was closed.
Highlights of the Board's comments were as follows:
?If the applicant and staff could agree on a commonality, the project had a good
deal to offer the City.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
?The design was good and the architect had been responding to staff's
comments. While the structure was freestanding with necessary efficiencies and
would foster a box shape, WalMart had taken measures to eliminate this.
?The plans and landscape plan would stand up to the independent review sought
by the Town of Gulf Stream.
?The comment relative to the photograph of the Publix project and treatment of
the corner and backdrop of the public art piece could have some relevance with
the use of a trellis structure that did not detract from the WalMart signage.
?The building was a great deal different from the old-style prototype and had a
good deal of foundation landscaping to break up the facade.
?The Police Department had reviewed the plans and had no comment.
?It was not unusual for the Board to be canvassed for their opinions. The Board
did not want the prototype that existed and WalMart made very effort to change
the prototype.
?It was not unusual for plans to be altered and improved in accordance with the
comments of the Board and staff.
?The Town of Gulf Stream would have a much better neighbor than it had in the
past.
?It would not be reasonable for the Board to make a judgment based upon the
changes presented to the Board for the first time at this meeting. If the Board
desired to approve the project, the most reasonable approach would be to
approve the project subject to all of the staff recommendations while allowing
th
the applicant and staff to work on the improvements prior to the February 16
Commission meeting.
?The project would bring jobs, correct the blighted area and provide an attractive
entrance to the City. The trellis structure could provide a buffer for neighbors.
rd
?A 33 condition should be added to provide for the addition of a trellis on the
southeast corner, screened with climbing vegetation to soften the corner which is
the main entrance to the community.
Dave Sims, of Kimley-Horn, pointed out that in the event the addition of a trellis were
to be considered, extensive berming existed along the entire east buffer of the project.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, FL January 26, 2010
rd
Mr. Barnes suggested a 33 condition of approval be added requiring the applicant to
add a trellis feature that encompassed the southeast corner of the site extending from
the southern-most driveway on Federal Highway, southwards to the corner, westward
toward the first entrance into the site along Gulfstream Boulevard, past the main
entrance, with the size and plant materials to be specified pursuant to staff approval.
Motion
Vice Chair Saberson moved, as to agenda item 7.A.1, item numbered 10-001, to
approve the staff recommendation with the addition of the condition 33 as explained by
Mr. Barnes that is incorporated by reference in the report for items 10-001 10-002 and
10-003. These three items refer to the conditions that will be included in the site plan
approval, as will condition 33. Mr. Myott seconded the motion that passed
unanimously.
Motion
Vice Chair Saberson moved, as to agenda item 7.A.1, item numbered 10-002, to
approve the staff recommendation with the addition of the condition 33 as explained by
Mr. Barnes that is incorporated by reference in the report for items 10-001, 10-002 and
10-003. These three items refer to the conditions that will be included in the site plan
approval, as will condition 33. Ms. Killian seconded the motion that passed
unanimously.
Motion
Vice Chair Saberson moved, as to agenda item 7.A.1, item numbered 10-003, to
approve the staff recommendation with the addition of the condition 33 as explained by
Mr. Barnes that is incorporated by reference in the report for items 10-001, 10-002 and
10-003. These three items refer to the conditions that will be included in the site plan
approval, as will condition 33. Mr. Barnes seconded the motion that passed
unanimously.
Motion
Vice Chair Saberson moved, as to agenda item 7.B.2 which is intended to apply to the
site plan request for WalMart, to approve staff's recommendation including all staff-
recommended conditions and condition 33 recommended by Mr. Barnes. Mr. Myott
seconded the motion that passed unanimously.
12
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
January 26, 2010
8. Other
None.
9. Comments by members
Mr. Myott extended an apology to Mr. Lis for a dispute that occurred prior to the
meeting.
Adjournment
Motion
Mr. Myott moved to adjourn. Mr. Barnes seconded the motion. The meeting adjourned
at 8:36 p.m.
~~9'
Stephanie D. Kahn
Recording Secretary
012710
13