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Minutes 02-23-10 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, FEBRUARY 23, 2010, At 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Michael Rumpf, Planning Director Roger Saberson, Vice Chair Jamila Alexander (Lorfils), Assistant City Attorney Matthew Barnes Candace Killian Warren Timm Leah Foertsch, Alternate ABSENT: Sharon Grcevic Jeff Lis Steve Myott 1. Pledge of Allegiance. Chair Jaskiewicz called the meeting to order at 6:34 p.m. Vice Chair Saberson 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 Vice Chair Saberson moved to approve the agenda. Mr. Timm seconded the motion that passed unanimously. 4. Approval of Minutes Motion Mr. Barnes moved to approve the minutes as submitted. Vice Chair Saberson seconded the motion that passed unanimously. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 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: Dicks Sporting Goods - Sign Variance was passed on second reading on February 2, 2010 Hemingway Square - Rezoning and Land Use Plan Amendment changing the project from a residential project to a medical office project was approved on second reading on February 2, 2010 WalMart - Three (3) Variances and Site Plan were approved on February 16, 2010. The design changes supported by the Board were also approved Ms. Jaskiewicz attended the City Commission meeting and was pleased the addition of the towers, the façade, and landscape improvements was approved. There was the addition of a glass element to make the project more realistic. Mr. Rumpf reported different materials would be used to break up the façade, with different elements and components, via paint and material changes, and awnings to which the applicant was most accommodating. 6. Old Business None. 7. New Business Attorney Alexander administered the oath to all who would be testifying. Healing Grounds (NWSP 10-002) A.1. New Site Plan, located at 220 and 226 West Boynton Beach Boulevard. Request approval of a new site plan for a proposed one-story veterinary clinic and accessory structure consisting of a total of 4,436 square feet on 0.60 acre in a C-2 Neighborhood Commercial zoning district. Applicant: Nancy Keller, DVM Kathleen Zeitler , City Planner, reviewed the proposed project consisted of two combined parcels totaling 6/10ths of an acre with C-2 zoning. The project would have 180 feet fronting Boynton Beach Boulevard and 100 feet on NW 2nd Street. All existing structures currently on site would be demolished. The site plan proposed would accommodate the applicant relocating her business which is presently located at 208 NE 3rd Street. The proposed facility would be a veterinary clinic providing acupuncture 2 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 and an outdoor saltwater pool for physical therapy for the animals. No outdoor kennels or animal boarding would be allowed with the exception of stays for the animals being treated. No one-stop disposal of animals was permitted. Accessory uses would include two rooms allowed human massage therapy and acupuncture. The structure would have covered terraces, and a courtyard with a tea garden. A detached 100-foot storage building, a private rehabilitation pool for patient animal use only and two organic gardens were planned. Thirteen parking spaces were required, and twenty were provided. The free-standing light poles would be 10 feet in height. Site lighting would be recessed and shielded on all sides to direct light down and away from adjacent properties to prevent glare and light spillage. The project would be a green sustainable structure with LEED certification. The floor plan reflected a courtyard with a fountain at the building entrance and a large reception waiting area. The building would be limited primarily to offices and the veterinary clinic. The total enclosed building square footage was 3,716 square feet. The architectural style was a blend of Tuscan and Balinese with stucco walls, walnut stained teakwood columns, trim and shutters, and light terra cotta S-style barrel roof. The color would be mantis green and a decorative wrought iron fence would enclose the east court yard. The detached storage building would match the principal structure. The structure does not exceed the height requirements. Forty percent of the site would be pervious spade with landscaped and open areas. The buffer along Boynton Beach Boulevard would be 12 feet, and along NW 2nd Street, the buffer was 7-feet wide. Along the common property line with the daycare to the east, the buffer was 2.5 feet wide. On the south property line, adjacent with single-family uses, the buffer would vary and include large existing trees and a 6-foot buffered wall in addition to additional landscaping. The proposed landscaping exceeded the requirements and was more than 50% native species. Public artwork was proposed near the building’s east entrance. Staff recommended approval of the site plan subject to all 17 conditions of approval. Bridget Keller, the agent, indicated they were excited with the project, and Dr. Nancy Keller, had been practicing medicine her entire life. There would be an educational component to assist individuals to take better care of their animals and would benefit the community. Dr. Nancy Keller introduced herself and explained she has been practicing in Boynton Beach almost nine years. She advised she was in agreement with all of the conditions of approval. Chair Jaskiewicz opened the floor to public comments. Sigrid Grimm , the property owner of lots 22 through 24 on NW 1st Avenue bordering the subject property on the south side inquired whether the pool pump could be moved on the site as it was close to the property line. The applicant responded they planned to 3 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 move it further north, away from the property line. Her second question pertained to the 6-foot wall on the north side of the property. There was already a wall there and she inquired how the Utilities Department could gain access to the easement as the walls were about 6-feet apart. Mr. Rumpf explained there were no comments from the Utilities Department. The Utilties Department required separation between the lines and any improvements made, as long as the easement was not interfered with, would be reviewed for adequate access, otherwise it would not be permitted. Annie Corruthers, Inside Design Group principal and architect, was put under oath. She commented the pool pump was not a commercial grade. The pool was slightly larger than the standard-sized pool and there would be a hedge surrounding the pump. It was noted the parties affirming to move the pool pump would not be added as a condition of approval, as Ms. Grim had confidence in the process and the good faith agreement made by the applicant. Motion Mr. Barnes moved to approve the New Site Plan for Healing Grounds subject to all staff conditions. Vice Chair Saberson seconded the motion that unanimously passed. Lake Worth Christian School (SPTE 10-003), B.1. Site Plan Time Extension, located at 7592 High Ridge Road. Request for a second one (1)-year site plan time extension for conditional use/major site plan modification (COUS/MSPM 07-003 ) and height exception (HTEX 07-004) approved on July 17, 2007, thereby extending site plan approval from January 17, 2010 to January 17, 2011. Applicant: Robert Hook, Superintendent, LWCS. Ms. Zeitler presented the request. The property was currently developed as a school. The request for a second site plan time extension for the conditional use/major site plan modification development order and height exception previously approved, provided for the expansion of the school facilities which were situated on 16.24 acres in a Residential R-1AA zoned property. Extending the expiration date of the approvals would extend the project approvals to January 17, 2011. The prior approvals were for a building addition of 19,555 for an early childhood development center/elementary school, a general use building of 15,000 square feet and an athletic locker room building of 6,000 square feet. The prior height exception of less than two feet was approved for the early childhood development/elementary school structure. The applicant completed construction drawings but sought to delay applying for the building permit until construction funding was secured. The justification explained the delay would also allow the applicant to review construction flexibility, including a 4 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 possible reduced interior build out, contingent upon the success of fund raising efforts. If the applicant failed to secure the building permit by the end of this year, an updated traffic concurrency approval letter from the County would be required. The Utility Reservation Fee was also due and should payment not be received, the Utilities Department could not guarantee capacity would be available when construction commenced. Staff recommended approval of the request subject to four conditions of approval, which included that all prior conditions of approval for the conditional use, major site plan modification, height exception and minor site plan approvals would apply and must still be addressed during the building permit process. Michael LaCoursiere , Lake Worth Christian School, was present to support the request, and confirmed they were ready to move forward with the building permits as soon as funding was secured. He confirmed the drawings were completed and they were looking for opportunities to save, which could include partial build out. The school also hired a new development director to oversee fundraising and they hoped to begin expansion in a few months. The school was agreeable to all of the outlined conditions. Chair Jaskiewicz opened the floor to public hearing. There being none, the public hearing was closed. There were no comments from the Board. Motion Vice Chair Saberson moved approval of the staff recommendation subject to all suggested recommendations and conditions of approval. Mr. Barnes seconded the motion that unanimously passed. Boynton Vistas II, (SPTE 10-004), C.1. Site Plan Time Extension, located at 419 South Circle Drive. Request for a one (1) year site plan time extension for major site plan modification (MSPM 07-004) approved on May 20, 2008, thereby extending site plan approval from November 20,. 2009 to November 20, 2010. Applicant: Jeff Wolff, Boynton Vistas, Inc. Ms. Zeitler announced, due to a scheduling conflict, the applicant requested this item be tabled to the next meeting on March 23, 2010. Motion Vice Chair Saberson moved to table the item to the next regular meeting. Mr. Timm seconded the motion that unanimously passed. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 D.1. Safe & Secure Self Storage, Phase III, (SPTE 10-005), Site Plan Time Extension, located at 3010 South Congress Avenue. Request for a one (1)-year site plan time extension for major site plan modification (MSPM 08-001) Ms. Zeitler presented the request for the extension. The facility was located in the M-1 zoning district and the master site plan modification and community design plan appeal was approved by the City Commission in May, 2008. The approval and Concurrency Certification, if the extension were granted, would be valid until November 20, 2010. The approvals were for the construction of a 7,953 separate building addition, known as Phase III, as an addition to the 95,588 square foot self-storage facility. The Phase III addition would be the final phase, located to the north of the existing structure known as Phase I. Phase II was approved in 2006, which was the existing car wash facility, known as Sparkle Clean, located on the west side of the property. The subject addition would provide an additional 16 storage units, with the largest individual bays being 450 square feet in size. The community design plan approval was to allow overhead roll-up doors to face Congress Avenue. The applicant paid the Capacity Reservation Fee in 2008, submitted paving and drainage plans to the Lake Worth Drainage District, submitted an application for Building Permit and paid a Plan Review Fee. The unfavorable economic climate delayed the project; however, the applicant anticipated a recovery and improvement in the next year. Should the applicant be unable to obtain the building permits by the end of 2011, an updated traffic concurrency approval letter from the County would be retired. A Utility Reservation Fee is due and without payment of the fee, capacity to meet the projects needs cannot be guaranteed. Staff recommended approval for the one-year extension, which would be extended to November 20, 2010 subject to two conditions of approval: all outstanding conditions of the prior approvals would still be applied, and they must be addressed during the building permit process. Alejandro Zurita, the applicant, indicated he was in agreement with all of the original conditions and two new conditions of approval. Chair Jaskiewicz opened the floor to public hearing. No comments were received and the public hearing was closed. Mr. Timm inquired if he knew the occupancy rate for Phase I and II. Mr. Zurita did not have the figures, but advised they were doing fine. He also noted the Phase III bays were to house large items such as boats or automobiles. The idea was to provide a different type of product. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 Motion Ms. Killian moved approval of the site plan time extension for Safe and Secure Self Storage for Phase III. Mr. Timm seconded the motion that unanimously passed. E.1. Quantum Park Church, (USAP 10-001), Use Approval, located in Quantum Park, on Lots 18 and 19, north side of Gateway Boulevard at Park Ridge Road. Request for use approval to allow the conversion of an existing 14,692 square foot flex office building to a church in the Quantum Park Planned Industrial Development (PID) district. Applicant: Douglas B. MacDonald, management member of 1325 Gateway, LLC. ` Ed Breese , Principal Planner, presented the request and advised the proposed use would apply only to lots 18 and 19 and the approval of the uses on the list of permitted uses is required in all planned industrial developments. The original Quantum Park Master Plan did not include a church as an allowable use. The subject property was before the Board in September of 2009 for a Conditional Use approval for the High Ridge Academy Preschool. At that time the Board tabled the item due to traffic circulation and vehicular stacking concerns. There were 254 parking spaces on site, with 101 spaces devoted to the on-site Charter School, leaving 150 parking spaces for the Church’s use. The Code would require the church to have 84 parking spaces. Sunday services would occur when the school was not in session. The Planning and Development Board must make a finding that the proposed use would not be in conflict with the performance standards and is consistent with the purpose and intent of the Planned Industrial Development. Performance standards ensured the uses are not a nuisance or hazard to adjacent properties, or interfere with their reasonable use and enjoyment. Some of the performance standards listed in the staff report were noise; vibration; dust, dirt or other particulate matter; odors and fumes; heat, humidity or glare; electromagnetic interference, fire explosive hazards; liquid waste discharge; or solid waste accumulation. Based on staff’s review of the application, the Church could meet the standards. Staff has not; however; waived from its position that lands with industrial potential should not be used for non-industrial uses, especially when there are several properties elsewhere in the City that could accommodate a Church, rather than using lands designated to attract industry. Staff advised the Church use on Lots 18 and 19 was not consistent with the purpose and intent of the Planned Industrial Development District and recommended denial of the request. Tom McGillicuddy , 7148 Colony Club Drive, Greenacres, was present on behalf of the applicant, Douglas MacDonald. Mr. McGillicuddy was a commercial real estate broker who brokered the park between Simon to Quantum LP, and Mr. MacDonald was a principal. He explained the site had an office building on it, and it was not an industrial 7 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 building. The existing structure was just under 15,000 square feet. The site also has a 33,000 square foot Charter School. The previous tenant was Town and Country Homebuilders who used the structure for their offices, showroom and design center. The structure was perfect for the Church because no changes would be needed. The building has been vacant for a few years and if allowed, the City could receive taxes. It was noted there were no traffic issues and the performance standards were met. Mr. McGillicuddy did not anticipate much commercial or industrial development to occur for quite some time. The residential market bottomed out and he hoped the commercial and industrial market would follow. He pointed out the Life Center programs would create jobs. He further noted there were four Churches that meet at Boynton Beach Community High School. The Church was already operating in the building on a very small scale and was waiting for the City’s approval to expand its uses. One part of the building was empty, which would be used for Sunday Services. Currently the Center had a 5-year lease. John Hawkins , 700 E. Boynton Beach Boulevard, Pastor of Center Point Church appreciated staff’s position but felt differently. He recognized the need to have an industrial and job base, but acknowledged Churches and their ministries, historically, contributed to the welfare of the community. They strengthened families, youth, marriages, homes and children, and lessened the cost on society through reduced crime, etc. They met with some of the City and County officials to see how they could tap into the community and help . As to the lease,the Church was paying taxes on the building and the counseling center they operated during the week was similar to a small business, having created seven to ten part and full time jobs. Anyone from the community could avail themselves to the counseling center. The usage was a multi use and on the site, the Charter School was similar to their classification. Mr. Hawkins elaborated it was difficult to have long-term plans; he liked the location but did not know what the future held 10 years down the road. Some members of the Board agreed with staff and felt in this instance, the needs of many should prevail over the needs of the few. From a planning perspective there was only so much industrial and office land in the City and it could not be opened up to institutional type uses. Given the current climate there was lots of land available. He inquired if a temporary use approval could be issued for the specific lots for a time certain and then revisit it. He expressed concern, if that occurred, whether they would be establishing a precedent or if they could restrict it to some type of time period and lots. Mr. Breese explained the Board could do so, but if so, staff recommended it be restricted to Lots 18 and 19; however, the Board cannot place any timeframe for an approval that when the lease expired, they would have to relocate. He pointed out there 8 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 was close to 100 acres with the same lot designation as Lots 18 and 19. In the future, other owners could make the same request and argue that the City allowed it on Lots 18 and 19. The existing building was constructed for Office/Warehouse/Flex space, designed as an office front with a warehouse back industrial-type operation. Mr. Breeze emphasized another applicant could come in and make their appeal to the Board and City Commission using the logic the use was approved on those two lots, and nothing was different than the lots they were using, which had the same use designation. They could question why they would not be approved. Mr. McGillicuddy added the owner has no desire to sell the structure. The Charter School went through the same process and was approved, but it was put on record the Church was there on a leased-basis and perhaps at the end of the lease, an economic upturn would have occurred and they could revert back to what was originally planned. There was Board discussion they could not control whether a Church leased or purchased property. Although it was not a good economic climate, the Board should maintain the industrial availability of land rather than allow it to be used for other uses. Approving the use on a temporary basis would set a precedent and more applications would be submitted based on the precedent set by the Board. The Board would be unable to deny those uses. Mr. McGillicuddy’s view differed from the Board as he thought the building was used for a business during the week and a Church on Sunday. The counseling services were free or on a sliding scale basis. The other Churches in the park only met at Boynton Beach High School. Some members applauded the efforts of the Church but did not feel it was the appropriate location. Chair Jaskiewicz opened the public hearing. Don Scantlan , 713 Cedars Circle, a member of the community, not the Church, observed the applicant was putting in as many jobs per square foot as the prior business and if that was true, the City would enjoy the same economic benefit. As to removing it from the tax rolls, the City just attempted to put a police headquarters in a building that would remove two floors from the tax rolls. If the City wanted to move into the building, he did not think this request would be an issue, and he supported the application. Charlotte Hawkins , of 700 E. Boynton Beach Boulevard took the oath before testifying. Ms. Hawkins supported the Church and spoke to the Counseling Center and the business it provided as well as the services. She supported the application in light of the present economy and the number of individuals needing addiction counseling and assistance with family problems. The Center offered help to these individuals or refer 9 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 them if greater assistance was needed. She urged the staff and Board rethink their position. Mr. Breese stressed staff supported the use and would like to have them locate within the City, but there were several other properties located within the City that would be appropriate for the use. Mr. Hawkins explained they were already in the building as a counseling center but wanted to get the Church portion off the ground. Mr. Breese noted they were operating without a City Business Tax Receipt. Mr. Hawkins; however, advised he attempted to obtain one, but was told one was not needed because the use was associated with a Church. Mr. Hawkins offered to re-approach the City. There has been no prior approval by the City of this use at the present location. Chair Jaskiewicz noted there were several people in attendance in support of the application. Chair Jaskiewicz closed the public hearing. Chair Jaskiewicz understood staff’s comments but felt the vacancies in the park were disheartening. She expressed her belief later the building would be sold to an industrial use. She considered the project a worthy project for the site and respected staff’s position, but because of the economy she did not think they would see any progress for five or ten years that they could turn anyone away. If the City could benefit from it by receiving the services and the revenue at the same time, she was in favor of it. The lease expired in five years. She inquired if the matter would have to return to the Board. Mr. Breese responded the matter was between the landlord and tenant and would not return to the Board. Motion Mr. Barnes moved to deny the use approval of Quantum Park Church. Vice Chair Saberson seconded the motion. The recording secretary called the roll. The vote tied 3 to 3 (Chair Jaskiewicz, Ms. Killian and Ms. Foertsch dissenting.) Attorney Alexander explained another motion could be requested to determine if the vote would change. If the vote did not change, the recommendation would be to deny the request. Chair Jaskiewicz requested another be made. She explained the use was already in the park; however, it was made clear the Churches were in the high school. The 10 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 applicant could continue the counseling service, and denial of the request was not an eviction. Furthermore, the Board was only making a recommendation. The final determination would be made by the City Commission. Mr. Breese clarified the City has no control over who the high school leases their premises to or for what purpose. Mr. Hawkins explained if they could not have the Church at the location, they could not maintain the counseling center. He also explained they were considering establishing a daycare center there in the future. Chair Jaskiewicz requested a revised motion be made several times, with none received. Attorney Alexander explained the request would be moved forward with the Board’s recommendation to deny the request. They would also receive the minutes and the vote. She also explained once the type of use is approved, the type of conditions that are recommended are not the type of conditions for the property. Conditions of approval such as the façade and the like could be made, but it was not permissible to put a time limit on a use, once it was allowed, even on a leased basis. Several members of the Board suggested the Church members attend the City Commission meeting and wished them well. She commented the next City Commission meeting would be held on March 16, 2010. The Board members further discussed if there was a way to approve the request on a temporary basis, the members would approve the request. It was; however, an all or nothing permanent situation, and there was nothing the Board could do to change it. There was discussion the request was somewhat similar to a variance. Mr. Breese clarified even though the request was lot specific and the Board acknowledged the Church could easily meet those standards, if someone else met those standards on another lot, there would be no basis for the City to deny their request. A lawsuit would arise. Chair Jaskiewicz felt there were vacancies in the park and she did not believe it would be an issue. 8. Other None 9. Comments by members Chair Jaskiewicz noted she has been Chair for some time. Attorney Alexander explained she would research when her term as Chair would expire and the matter would be discussed at the next meeting. 11 Meeting Minutes Planning and Development Board Boynton Beach, FL February 23, 2010 10. Adjournment There being no further business to discuss Vice Chair Saberson moved to adjourn. Mr. Barnes seconded the motion that unanimously passed. The meeting adjourned at 7:56 p.m. ~vL Q)w.M,r Catherine Cherry Recording Secretary 022410 12