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Minutes 03-23-10 _MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING - HELD ON TUESDAY, MARCH 23, 2010, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Roger Saberson, Vice Chair Matthew Barnes Steve Myott Warren Timm Sharon Grcevic, Alternate Michael Rumpf, Planning Director Jamila Alexander, Assistant City Attorney ABSENT: Jeff Lis Candace Killian Leah Foertsch, Alternate 1. Pledge of Allegiance. Chair Jaskiewicz called the meeting to order at 6:32 p.m. Mr. Myott led the Pledge of Allegiance to the Flag. 2. Introduction of the Board. Chair Jaskiewicz introduced the members of the Board. 3. Election of Chairperson and Vice Chairperson. The Board was agreeable to hearing this item at the April meeting. 4. Agenda Approval. Eric Johnson, Planner, requested hearing Item C-1, the Code Review regarding Windmills as Item 8.A.1. Motion Mr. Myott moved to approve the agenda with the change. Ms. Grcevic seconded the motion that passed unanimously. 5. Approval of Minutes 1 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Motion Vice Chair Saberson moved to approve the minutes as submitted. Mr. Timm seconded the motion that passed unanimously 6. Communications and Announcements: Report from Planning and Zoning Director. Michael Rumpf, Planning and Zoning Director, announced Board Member Leah Foertsch called to advise she could not attend the meeting due to a conflict. He reported on the outcome of items previously reviewed by the Board and the action taken at the City Commission meetings as follows: ~ The Lake Worth Christian School Site Plan Time Extension was approved. ~ The Safe and Secure Self Storage Phase III Site Plan Time Extension was approved. );> The Use approval for the church in Quantum Park was approved. );> The Healing Grounds Site Plan was approved. ~ The Boynton Vistas II Site Plan Time Extension, tabled by the Planning and Development Board was also tabled by the City Commission, allowing it to be returned to the Planning and Development Board. 7. Old Business: A.1. Bovnton Vistas II. (SPTE 10-004), 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. Tabled from the February 23, 2010 meeting. Since the applicant was not present, there was agreement to hear this item last. There was brief discussion on the correct expiration date of the site plan as a Board member noted there appeared to be a conflict. Kathleen Zeitler, Planner, clarified the site plan time extension was valid for 18 months. It was approved on May 20, 2008, extending it to November 20, 2009. The one-year extension would extend it again to November 20.2010. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Attorney Alexander administered the oath to all those intending to testify. Chair Jaskiewicz noted there were two conditions of approval and she inquired about the Utility Reservation Fee. The applicant arrived and was administered the oath. Ms. Zeitler presented the request as contained in the staff report. The request pertained to a rental apartment community with 12 units in Phase I. The site plan that was approved was for seven more rental apartment units and a rental office as Phase II. The applicant requested an extension of the Major Site Plan Modification Development Order, which was approved on May 20, 2008 for the Phase II development. The site plan was valid for 18 months from the date of approval. If the second extension were granted, the Site Plan would be extended to November 20, 2010. The site plan reflected seven units that would be built as separate one-story buildings. Building A had 4 units and Building B had three units with a rental office. Each unit was 1,000 square feet, and would be constructed with concrete block, stucco, pitched-shingle roofs, and decorative features such as panel doors, colonial style window, stucco banding and coins on each corner. The applicant attempted to obtain a construction loan; however, with the economic downturn, the banks became more restrictive. An updated traffic concurrency approval letter from Palm Beach County was needed and the Utility Reservation Fee was due, otherwise the Utilities Department could not guarantee capacity. Staff recommended approval of the request for the one-year extension subject to adhering to all prior conditions still applying and they must be addressed during the building permit process. Jeff Wolff, 5139 First Road, Lake Worth, was present and advised a bank would not be needed to fund the ~oanc They sold a property and would provide their own funding. He hoped to commence construction in August or September. Chair Jaskiewicz opened the floor for public comment. Hearing none, she closed the public hearing. Motion Ms. Grcevic moved the Site Plan Time Extension be from November 20, 2009 to November 20, 2010 including all conditions. Mr. Myott seconded the motion that unanimously passed. 8. New Business: C.1. Windmills, (CDRV 10-002), Code Review. Request approval for an amendment to 3 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 to the Land Development Regulations (LDR), Chapter 2. Zoning, Section 4.J.27, to add provisions and standards, including a maximum height of 25', to allow Windmills within non-residential zoning districts for the purpose of aerating wet detention areas. Applicant: City-initiated. (Heard out of order) Eric Johnson, Planner, presented an interim amendment and read the following into the record: "Windmills, used to aerate wet detention areas, provided that such structures are located in nonresidential zoning districts, designed as monopoles, and not greater than 25 feet in height (measured from the foundation or base, to the shaft). The minimum required setback for each windmill shall be equal to its height. Windmills shall be located, to the maximum extent feasible, away from trees and potential nesting and feeding sites for birds. All windmills shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. All windmills shall be kept in operating condition or may be subject to removal." The catalyst for the amendment was the Utilities Department's desire to install two windmills at the wet detention areas at Mangrove Walk Park. It was anticipated the Land Development Regulation rewrite would not be finished according to their time schedule. In order to make a comprehensive code amendment, they expanded the windmills to be included in all non-residential districts, having a maximum height of 25 feet, and designed as monopoles. Staff evaluated the potential impacts and identified four areas which were noise. impact to birds, aesthetics and safety. It was anticipated windmills would not be a safety concern since the ones the City wanted to install would have a mechanism that would allow the blades to furl out of the wind when the wind speed exceeded 27 mph. The windmills would also be lowered to the prone position when a hurricane watch was issued. The aesthetics of the windmills were evaluated and they were designed as a monopole, not for beauty. They were based on design restrictions and because they were only proposed for non-residential districts to be used only in connection with the aeration of wet detention areas, it had a limited scope. In the future, the uses may be expanded, perhaps for power generation, but this would be a pilot program to observe how the windmills would function. Then staff would determine and evaluate any impact. There would be an impact to birds. Staff researched the issue and contacted the Palm Beach County Environmental Resource Management, (ERM) and received neutral feed- back from them. Staff also contacted the Audubon Society Broward and Palm Beach County Chapters. While they could not give their full endorsement, staff determined the impact to birds for this use would be minimal as indicated in the staff report. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Windmills according to the Wind Energy Association reflected that energy, as a whole, contributed to 75,000 to 275,000 avian deaths a year. In an article by Robert Bryce published in the Wall Street Journal on September 8,2009, house cats contributed to more than one billion deaths annually. As to noise, the City wanted to install two different types of windmills. One was owned by Koenders and the other by Outdoor Water Solutions. Outdoor Water Solutions reported the decibel readings would be quite low. Decibel readings from Koenders indicated multiple tests showed the noise from their product was comparable to the Koenders product. If the windmill was located 96 feet from the property line, the impact was comparable to a human voice at 24 feet away The Utility Department wanted to install those windmills more than 125 feet from the nearest residential building and staff anticipated the windmills would not violate any noise ordinances. Staff recommended approving the request as read into the record. Chris Roschek, Utilities Department, explained the proposed colors varied and were different colors for maintenance reasons. As to how the poles collapsed for hurricanes, both products had a latched base that folded flat tothe ground. The poles would be mounted on the ground adjacent to the pond and the windmills would be connected to an air compressor and an airline weighted in the pond. The shaft was 25 feet above ground level and the diameter of the blades were about five feet in diameter. Mr. Johnson explained the City was desirous of allowing windmills in the City; however, since they were tall, the public may not be in favor of them. Staff received multiple calls from the public wanting to install windmills. In order to make a start, since the Utilities Department wanted them at the pond, they would start small and observe the impacts. Staff intended to monitor them and come back with revised language to open up all eligible properties for more windmills. The concept pertained to sustainability and greening and they would then not be a conditional use; rather, it would be allowed outright. There were a limited number of properties that have wet detention areas that were nonresidential areas: one such area was the mall. Mr. Johnson was unsure if anyone would complain about them because people would not know they were there. The windmills would be the height of a palm tree. Staff was excited with the concept, but understood they could be a NIMBY. Mr. Roschek explained in regard to the monitoring, the windmill would only use air to turn the turbine to run the air compressor. It did not require any electricity or water. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Motion Mr. Myott moved to approve the request for approval for an amendment to the Land Development Regulations, Chapter 2. Zoning, Section 4.J.27, to add provisions and standards, including a maximum height of 25' to allow Windmills within non-residential zoning districts for the purpose of aerating wet detention areas. Vice Chair Saberson seconded the motion that unanimously passed. A.1. Macia-Marin Medical Buildina, (ABAN 10-001), Abandonment, located at 115 SE 4tn Street. Request approval for abandonment of a portion of SE 1st Avenue, bounded on the east by SE 4th Street and on the west by the FEC Railroad. Applicant: Julie L. Schiff, AlA, of Studio Schiff, LLC Ms. Zeitler presented the request and explained the property was platted as a 40-foot right- of-way, but the right-of-way for this portion of SE 1 st Avenue was never improved or used by the general public as a right-of-way. The abandonment extended east and west on the south side of the applicant's property. BellSouth, the property owner to the south, purchased their property, which included the southern one-half (20 feet) of the right-of-way from a private party in 1962, and the deed was recorded. There was no record, however, of any action on behalf of the City to abandon this portion of the right-of-way. The site plan showed the site would be redeveloped by demolishing the medical building and constructing a new medical office building which would contain the parking lot on the entire 40-foot wide right-of-way where there currently exists a parking lot, and which was used as a parking lot for the medical offices for 20 years. Normally when abandoned, half of the right-of-way is given to one abutting property owner and the other half to the other abutting property owner. Since the right-of-way lay within the boundary of the site plan, the applicant would be required to either acquire the south 20 feet from BellSouth or have a long-term lease with a perpetual cross-access easement agreement with BellSouth to allow them to continue to use the property as their parking lot. Staff was not opposed to the abandonment and was unable to identify any public purpose for improving the property as a right-of-way. The area would best serve adjacent property owners through private ownership and/or easement agreements and abandonment would not prohibit other property owners from accessing their property. No other property owners would suffer adverse impacts. Staff recommended designation of a utility easement on the south one-half of the right-of- way to be abandoned to allow the maintenance of the existing water line and any future utility services. They also recommended approval based on the finding that the right-of- way served no public purpose and utilities on the property would remain within a dedicated 20- foot wide utility easement. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Julie Schiff, 1901 Harrison Street, Hollywood, the architect and planner for the project reviewed a visual presentation. She advised they were in the process of working out an agreement with BellSouth for purchase of a land lease, or cross-access agreement that would be acceptable to all concerned parties. If they could not reach an agreement, they would seek a declaratory judgment. They believed they have prescriptive easement rights because they would continue to use the parking lot as they had been for the last 20 years. The only utilities on the 20-feet were the newly installed reclaimed water lines, but Bellsouth would like to install four six-inch conduits for future network use, and they would like to do construction concurrent with the applicant's so they would not disrupt the asphalt. Staff was amenable to the activity, but was looking for a long-term lease, perhaps 99-years, as opposed to a short-term lease since it was part of their site plan. The way the condition was written was they needed to have the arrangements completed prior to the issuance of any building permit. Ms. Schiff agreed to the condition. Motion Mr. Barnes moved to approve the abandonment of a portion of SE 1 st Avenue bounded on the east by SE 4th Street, on the west by the FEC Railroad, in conjunction with the Macia- Marin Medical Building subject to all staff conditions. Chair Jaskiewicz opened the public hearing. Hearing none, Chair Jaskiewicz closed the public hearing. Mr. Myott seconded the motion that unanimously passed. A.2. Macia-Marin Medical Buildin~. (NWSP 10-003), New Site Plan, located at 115 SE 4tn Street. Request approval for new site plan consisting of an 8,576 square foot 2-story medical building and related site improvements in the CBD zoning district. Applicant: Macia-Marin Family Limited Partnership Ms. Zeitler reviewed the site plan as noted in the above request. The site was within the Central Business District (CBD) and the Community Redevelopment Agency. A two-story medical office building was proposed. The existing building would be demolished and replaced with the new building. CBD zoning allowed parking to be reduced by 50% if the parking was unreserved and available to the public. The applicant agreed to provide half the parking, 22 spaces, and agreed to keep them available to the public. A waiver to the loading zone requirement and dumpster requirement was given. Deliveries would be from small box trucks, and roll-out carts could be used. The building was designed as a two-story structure, with a partial third floor private library for the doctors. Most of the square footage of the building was for exam rooms and doctors offices. Staff recommended, as a condition of approval, that the suspended aluminum awnings be added 7 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 added above some of the windows on the east and north elevations. Site lighting was limited to 16-feet with cut-off luminaries. The only signage proposed was the building name and address located on the north and east building walls. Public art would be located on the eastern elevation of the building. A pedestrian walkway would be on the eastern side. The landscape plan reflected the landscape materials were drought tolerant. Irrigation would be served via a cistern and reclaimed water line. The project included many sustainable features including solar panels. The site was in an urban area. Staff recommended approval subject to 19 conditions of approval. Ms. Zeitler noted Condition 12 was resolved and could be deleted. Condition 2 was revised by engineering to read "the City of Boynton Beach will bear the cost for the modification of the existing P-6 inlet to a valley gutter type inlet at the northern most driveway as shown on the proposed plan on SE 4th Street. The City of Boynton Beach's obligation to modify the existing drainage structure will expire 12 months after approval of the site plan by the City Commission." Ms. Zeitler noted the reviewed condition was further amended to reflect the expiration was 18 months to coincide with the site plan. Condition 3 would be mitigated. Julie Schiff, 1901 Harrison Street, Hollywood, the architect and planner for the project explained the property line extended further than the fence and the fence would be removed. She commented Drs. Macia and Marin were long-time residents and both live and work within the City. Ms. Schiff reviewed a visual showing the building from different directions and pointed out they had comments on two of the conditions of approval. The applicants were looking into solar photo-voltaic cells to pick up additional solar energy. The roof was a usable roof terrace accessible through the third-floor private library. The first floor of the building was tenant space and the second floor was the Macia-Marin medical office. Alan Hendricks reviewed the landscape plans and explained they were attempting to be LEED certified. The landscaping would be drought resistant, having native plantings and no sod, similar to the Library. The back of the building would be a park-like setting and would include an aboveground cistern. As to the art features, they had space for pedestrians to pause and admire the art feature. Ms. Schiff requested Condition18 be changed as follows: ". . . to revise plans at time of permitting to include some decorative horizontal awnings on the north and east building elevations as shown in these rendered drawings subject to Planning and Zoning, staff approval and the Board's approval". Staff had no objection to the revision. The applicant was in agreement to the type of awnings and explained it would be a combination of the same awning type as was shown but they would not be on every window. The way the building was depicted in the visual was the actual locations of the awnings. There was discussion if the construction was coordinated with the planned 4th Street improvements. Ms. Zeitler responded the improvements were taken into account, and they 8 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 could use the parking lot to the north. It was noted they have a cross-access parking agreement and a proposed driveway was located on the northwest side of the property. The applicant had issues with Condition #17. They were placing a sidewalk on private property for public use and agreed to provide a five-foot wide sidewalk. The sidewalk to the south -of the property was four-feet wide. The cost of pavers versus concrete was an unnecessary additional cost, and they requested that the condition be removed and it be a concrete sidewalk. This would be consistent with other sidewalks on 4th Street and with the median just placed by the City. Ms. Zeitler explained typically, a sidewalk on a private property would be pavered and the cement would be located in the right-of-way. In this case there was no sidewalk in the right- of-way, only the walkway that was on private property. It was only the parking lot away from Ocean Avenue and the idea was to have a pavered walkway going down to 4th Street as well. There was much discussion about the paved walkway. The Community Redevelopment Agency was assisting with the cost of $15K but it would not cover the cost of the pavers, the awnings and the public art. It was a big expense that the owners of the building had to bear for the public's enjoyment; however, it was noted it was a requirement in the Urban Design Guidelines of the CBD. Consequently, the applicant withdrew the objection to the condition. The project was located in the general CBD district. Chair Jaskiewicz opened the floor for public comment. Harvey Oyer, Jr. owner of properties on the north side of Ocean Avenue, explained he had gone to the doctor there for many years. He agreed the plan was beautiful and it would be a fine addition to the community. He explained there was a great deal of history associated with the building and he suggested it could serve the community if it was relocated in the area close to Seacrest and MLK Boulevard. Historically, Mr. Oyer's father and Ray Wilcox bought the building where Hurricane Alley was located in 1936. Dr. Weems had the entire upstairs. He constructed the building that was under discussion. The lumber was from the Royal Poinciana which was the largest wooden hotel in the world until it was demolished and the Breakers was constructed. Dr. Weems bought the lumber and constructed the subject building. In those days the lumber was basically Dade County Pine. Mr. Oyer had a cottage his father built with lumber from the '28 hurricane that demolished structures. He explained nails were unable to penetrate the wood and an electric drill was needed. The building to the side was a birthing place. Individuals did not go to the hospital and many local residents who were people of color were born there. Dr. Weems estimated he delivered over 3,000 babies. The building was an important part of the local history. Mr. Oyer noted there was a cost to remove the building, and thought it would be a wonderful opportunity to try to relocate the building and work with the County Health Department to alleviate some of the pressure on the emergency room in Bethesda Hospital to where 9 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Hospital to where people could get basic treatment there. The cost could be absorbed by the County Health Department or the hospital and the City could cooperate that when they moved the building, they not pay time and one half for the police officers. He noted the City has a lot of land in the area as does the Community Redevelopment Agency. Chair Jaskiewicz agreed but pointed out the Community Redevelopment Agency was trying to assemble land. She suggested there might be some areas that could accommodate the building and noted there are historical districts. Sometimes there is an irregular lot that could not be used for any other building that might be able to accommodate the structure. She thought staff could look into it. Mr. Oyer commented the City does not have a Historic Preservation Ordinance. He lives three blocks north and he attends the Heart of Boynton meetings. The City has been kicking around development for 10 or 15 years and all they did was assemble the land. There needed to be a different approach to how they build things within the City. Chair Jaskiewicz explained Mr. Oyer's comments would be forwarded to the City Commission for their consideration. Chair Jaskiewicz closed the floor to public comments. She also welcomed the project and wished the applicant well. Chair Jaskiewicz recapped the issues were the modification of item two as was noted and the elimination of Condition 12. All other conditions of approval were in effect. Condition 18 regarding the awnings was modified to include the word "some" as was previously discussed. There was an inquiry why it was necessary to have two vehicular access points on SE 4th Street. It was noted there was another access point on the north side of the site. Ms. Schiff responded at the moment the City agreed to allowed them to have cross access into the northern parking lot, but they did not know the future use. It was currently used as a parking lot. Ms. Zeitler confirmed it was a 20-foot alley that was paved over, that was the public parking lot at the SW corner of Ocean and SE 4th Street. Motion Vice Chair Saberson moved staff recommendation on item 8.A.2. for Macia Marin subject to all recommended conditions of approval with the following revisions: that Condition #2 as read by staff into the record shall replace the existing condition 2 shown in Exhibit C, and Condition 12 would be deleted, and Condition 18 we would insert the word "some" in front of "decorative" in the first line of Condition 18. Mr. Barnes seconded the motion that unanimously passed. There was brief comment that relocating the building would be a worthy undertaking. 10 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 B.1. Adult Arcade Use in C-2. (CDRV 10-001), Code Review. Request approval for an amendment to the Land Development Regulations (LDR) to add "Adult Arcades" to the C-2 (Neighborhood Commercial) zoning district as conditional uses. Applicant: City-initiated. Ed Breese, Principal Planner, presented the amendment noted above. He explained the amendment was prompted by an inquiry to locate an arcade in a C-2 Neighborhood Commercial Zoning. An excerpt from State statute explained adult arcade is defined in Florida State Statutes, Chapter 849.161 as "any place or premise catering to persons 18 or over that mimic the look and feel of gambling venues where there are more than six amusement games or machines which operate by the means of insertion of a coin and by which by means of skill, may entitle persons playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed seventy-five cents on any game played." Currently arcades were an allowable use in the C-3 Community Commercial, the C-4 General Commercial and the planned development zoning districts under the heading of indoor recreational facilities. One such arcade was located in Catalina Centre on Congress Avenue and the other at Boynton Billiards at 1950 S. Federal Highway. A third arcade closed and one was prop'osing to locate within the Boynton Beach Mall. Police checks indicated the uses have not had above average calls for service. Staff suggested the request be treated as a conditional use in the C-2 zoning district in order for any impacts to be evaluated on an individual basis. Additional comments would be added as needed. Staff suggested the use only be allowed on parcels abutting arterial roadways in multi-tenant centers, similar to what was allowed in the Code's current C-3 and C-4 districts. By restricting the use on arterial roadways, it placed the use with compatible uses for high traffic areas and should prevent impacts on adjacent residential properties. Staff recommended the request be forwarded to the City Commission. The Board took note that: );> The patrons would be 18 years of age or older; );> Alcohol is not served in the establishments; and );> There were only a few locations within the City that allowed the use. There was concern if the request were approved, machines could be placed in convenience stores. Mr. Breese clarified a convenience store allowed patrons under the age of 18 years old to shop on their premises. Accordingly, the State law would not permit machines to be 11 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 machines to be located there. A member noted he thought he saw a machine in a restaurant. Mr. Breese explained the statute indicated there had to be six or more machines and one machine was fundamentally different than the request. The name "Adult" also had an implication that the use could be extended beyond the machines and their prizes, nor was it known how they would be regulated. There was also a comment made that there were already two arcades in operation and an inquiry was made why another was needed. Mr. Breese explained the request was made by a potential tenant on a site that staff felt had the characteristics of a C-3 type site but had C-2 zoning. Based on the similarity, it might not be a bad idea to open it up to C-2 and making it a conditional use to ensure there were no adverse impacts associated with it. The proposed location was on Woolbright Road by Torchio's restaurant. It was noted most of the individuals who would frequent the establishment would be from Leisureville or Kings Point, not young adults. Mr. Breese agreed and indicated his research indicated the same findings. Most players were senior citizens. It was also noted the amendment limited the area to 5,000 square feet. Mr. Breese explained he could not say the use could not be associated with any other use; but the statute clarified it had to be more than six machines. If there were less machines, it would not fall under the statute. It was also noted the word "adult" had negative connotations; however, it was listed as such under the statute. It was further noted there are "adult communities." Chair Jaskiewicz opened the public hearing. No comments being received, the public hearing was closed. Motion Mr. Myott moved to amend the Land Development Regulations to add Adult Arcades to the C-2 Neighborhood Commercial zoning district as conditional uses. Ms. Grcevic seconded the motion that unanimously passed. 9. Other Chair Jaskiewicz announced the election of Chair and Vice Chair would take place at the next meeting. She anticipated there would likely be two additional appointments to the Board. 10. Comments by members None. 12 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 11. Adjournment There being no further business to discuss, Mr. Timm moved to adjourn. The motion was duly seconded and the meeting properly adjourned at 8:15 p.m. /j 11-1. 1 '" "\1 (j~ ~u:JUJ~ Catherine Cherry Recording Secretary 032410 13