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Minutes 04-27-10 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, APRIL 27, 2010, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Michael Rumpf, Planning and Zoning Director Roger Saberson, Vice Chair Jamila Alexander, Assistant City Attorney Matthew Barnes Sharon Grcevic Candace Killian Steve Myott Warren Timm Leah Foertsch, Alternate 1. Pledge of Allegiance. Chair Jaskiewicz called the meeting to order at 6:31 p.m. Mr. Timm 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 Chair Jaskiewicz noted she had served as Chair for some time and felt another Board member should have the opportunity to serve. Mr. Barnes nominated Mr. Saberson to serve as Chair. Mr. Grcevic seconded the nomination. There were no other nominations and Mr. Saberson was unanimously elected Chair. Ms. Grcevic nominated Mr. Barnes to serve as Vice Chair. Mr. Myott seconded the nomination. There were no other nominations and Mr. Barnes was unanimously elected Vice Chair. 4. Agenda Approval. Motion Mr. Saberson moved to approve the agenda. Mr. Myott seconded the motion that passed unanimously. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 5. Approval of Minutes Motion Mr. Myott moved to approve the minutes. Ms. Killian seconded the motion that passed unanimously. 6. Communications and Announcements. Report from Planning and Zoning Director. Michael Rumpf, Planning and Zoning Director, reported on outcome of the items as reviewed by the City Commission subsequent to the Board's review. April 6, 2010 City Commission Meeting ?The abandonment in connection with the Macia-Marin Medical Office site plan was approved at public hearing upon first reading. ?Preliminary review of the indoor athletic instruction and training use would be presented to the Board for an amendment to the zoning regulations. April 20, 2010 City Commission Meeting Each of the following items was approved: ?Boynton Vistas Site Plan Time Extension, Phase II, relating to the expansion of a rental project. ?The Macia-Marin Medical Office site plan pertaining to the abandonment of a stth portion of SE 1 Avenue between SE 4 Street and the FEC Railroad. The conditional approval had not been modified and remained as is. The pavers would be installed along the sidewalks, with the exclusion of the driveway areas. ?The Amusement Arcades item which added "Adult Arcades" into the C-2 zoning district as a conditional use was approved at public hearing upon first reading. Each subsequent use would be reviewed by the Board and City Commission on a case-by-case basis. 7. Old Business: None. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 Attorney Alexander administered the oath to anyone intending to testify. Chair Jaskiewicz requested the Timeless Lifecare items be discussed together, but voted upon separately. There was no objection to the request A.1. Timeless Lifecare, (REZN 10-001), Rezoning, located at 623 South Federal thth Highway (west side of Federal Highway between SE 5 Avenue and SE 6 Avenue). Request approval to rezone the property from Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity 2 (MU-L2). Applicant: Eastside Lofts Development, LLC. Hanna Matras, Economic Research Analyst, presented the application. The applicant was presenting a new site plan for the property which had previously been approved for a mixed-use project known as "Boynton Beach Lofts." The applicant requested the site be used for an assisted-living facility with 87 units and 144 beds and approximately 1,000 square feet for ancillary retail space. Pursuant to the City Code, a new master site plan for planned zoning districts required concurrence with zoning of the property. The property could not be rezoned to Mixed Use-Low (MU-L) as this zoning district was being phased out by the City. The requested zoning, Mixed Use-Low 2 (MU-L2), complied with the conditions of approval for the 2009 site plan extension indicating that an application for major modifications to the site plan would be processed in conjunction with the zoning of the property from MU-L to MU-L2. Staff reviewed the subject request using all required criteria and found the request was consistent with the intent of the Comprehensive Plan and the Federal Highway Corridor Development Plan. With the aging of the City's population, staff concluded the proposed use would meet the increased demand for assisted-living care. Staff recommended the request be approved. A.2. Timeless Lifecare, (ZNCV 10-005, Variance, located at 623 South Federal thth Highway (west side of Federal Highway between SE 5 Avenue and SE 6 Avenue). Request relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.(H.) allowing for a reduction in the number of required parking spaces from 53 to 46, resulting in a variance of 7 spaces. Applicant: Eastside Lofts Development, LLC. A.3 Timeless Lifecare, (COUS 10-001/001 NWSP 10-004), Conditional Use and New Site Plan, located at 623 South Federal Highway (west side of thth Federal Highway between SE 5 Avenue and SE 6 Avenue). Request conditional use and new site plan approval for an assisted-living facility providing 144 beds within 87 units and ancillary retail on a 1.21 acre + parcel zoned Mixed Use-Low Intensity 2 (MU-L2). Applicant: Eastside Lofts Development, LLC. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 Mr. Breese noted he would combine the variance and conditional use discussion. In addition to the request set forth above, the applicant was requesting a concurrent zoning variance for relief from the City's parking regulations. The subject property was th currently vacant and extended from Federal Highway to SE 4 Street. The site was previously approved for the Boynton Lofts project, a mixture of condominium units, retail and office space. Subsequent site plan time extensions were granted in 2006, 2007, 2008 and 2009 as a result of the inability to secure the necessary building permits because of the downturn in the residential market. th The project proposed one point of ingress off SE 4 Street which was in compliance with the Federal Highway Corridor Redevelopment Plan and was intended to minimize the impacts of vehicular turns on South Federal Highway. While not part of the applicant's original business plan, staff had worked diligently with the applicant to create a mixed-used component to the project. As such, the applicant had created approximately 1,000 square feet of retail space fronting on the Federal Highway portion of the project as well as medical space for the residents of the facility and the general public. The number of off-street parking spaces associated with an assisted-living facility was based upon one parking space per three beds or in this instance, 48 parking spaces. Retail parking was typically based upon one parking space per 200 square feet of gross floor area or in this case, five parking spaces. Based upon the mixture of uses, the applicant had requested a variance of seven parking spaces as 46 were to be provided on site. Staff determined that the retail and office space should be captured as an ancillary use to the principal use. This would remove the requirement for the five additional parking spaces, leaving a variance application of two parking spaces. As to the parking lot design, the applicant had indicated two large Oak trees would be preserved. If the Oak trees were removed, the two parking spaces could be provided. However, the applicant preferred the two Oak trees. The applicant further indicated that the typical resident of an assisted-living facility would be in her 80s, could no longer care for herself without assistance and usually did not drive, relying upon others for transportation. This particular facility would provide transportation to the residents for their medical appointments, shopping and other engagements. The largest shift of employees would be 20 at any one point in time. The site plan indicated the building would be placed within three feet of the Federal Highway right-of-way at the closest point, with an average setback of approximately 10 feet, in compliance with the Mixed Use-Low 2 zoning district. The applicant had also provided a public plaza indented approximately 20 feet by 30 feet along the Federal Highway frontage. The plan also provided for a 10.3 foot setback from the south property line and an 18.1 foot setback from the north property line, in compliance with 4 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 th the Mixed Use-Low 2 regulations. The rear setback abutting SE 4 Street was approximately 133 feet. It was contemplated in the Federal Highway Corridor th Redevelopment Plan that SE 4 Street would provide greater pedestrian and commercial presence in the future. It was also envisioned that buildings fronting on SE th 4 Street would be positioned close to the street to promote an urban feeling and th pedestrian-friendly corridor. The only opportunity to bring this building closer to SE 4 Street would be to elongate the building and move the parking lot more into the courtyard. This would make service deliveries and pickups more difficult and would dramatically change the views of the rooms abutting the courtyard. The elongation of the building would also make the corridors longer, and the walk from the rooms of the residents would be further from the common areas and nursing stations. As a result, staff proposed to draft language to address those sites with two street frontages for the typical back-of-the-house service delivery and pickup and to better engage the pedestrian traffic. The building elevations included two styles of window awnings, balconies and balconettes, decorative accent styles, glass storefronts, doors with awnings over the Federal Highway frontage and a covered drop-off area on the west facade. The applicant had selected a palette of soft, earth-tone colors to accent and highlight the building's features and amenities and to help reduce the perceived mass of the building. The height of the building was depicted at 63 feet to the roof deck, with a height of 66 feet to the average parapet and 72 feet to the top of the elevator tower. The additional height over the 65-foot maximum height in the zoning district was allowed as part of the Mixed Use-Low 2 regulations. The building also complied with the Sky Exposure Plane requirements which called for the buildings to be constructed with a ratio of six vertical feet to one horizontal foot, providing for stepbacks at varying points to eliminate the appearance of sheer walls and create visual interest. Based on the information contained in the report and compliance with development regulations and standards, staff recommended approval of the request for the conditional use and new site plan subject to satisfaction of all the recommended conditions of approval by staff. Staff also recommended approval of the parking variance of two spaces rather then the seven spaces originally requested subject to the conditions set forth in the staff report included with the meeting materials and the conditions of approval. Bradley Miller, Miller Land Planning Consultants, appeared on behalf of the applicant and noted his agreement with all of the conditions of approval. In response to Chair Jaskiewicz's inquiry, Mr. Miller advised that it would make sense to connect to a 5 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 reclaimed water line if reuse water were available. If not, a well would be utilized as the City's Code did not allow tapping into a public water system. As to the location of the site, Sterling Village was on the east side of Federal Highway th and Pence Park was on the west side of 4 Street. To the north was a vacant parcel owned by Chris Francois and to the south were the Tomberg offices and real estate offices of Mary Law. Of the six existing Oak trees, four would be preserved and the remaining two would be relocated into the courtyard area. While the units could accommodate single and double occupancies, the rooms would be restricted to the 144 beds required by the th license for the facility. The facility could be accessed from 4 Street and buffers would be placed on three sides of the property. The center courtyard designed for the residents would feature walking areas, a Koi pond and sitting areas with shade to be provided by the relocated Oak trees. Access would be available from the retail space and medical office building to the plaza area along Federal Highway. The ground floor housed offices, a reception area, dining room and kitchen, utility area and trash room. The activity center included a TV room, library, computer room, a barber shop and craft room. Also included was a physical therapy area and medical office with access leading to the pedestrian area. The last component was comprised of retail space and was accessible to the plaza area. The lower floors held 18 units which varied in size from 600 square feet to 1,100 square feet. Common areas were provided for television and laundry. Balconies overlooked the courtyard. The upper floors held 17 units with a common area and balconies overlooked the courtyards and the plaza. The plaza area had been enlarged with access leading into the retail and medical office space. Planting areas would be provided along Federal Highway. The architectural elements included aluminum rail areas for the balconies and canopies. Neutral tones were used and tile features were installed to accent and break up space. It was suggested auxiliary power be provided for outages in the building. Mr. Miller felt the suggestion had merit. Mr. Barnes asked Mr. Miller to describe the clientele targeted for the facility. With one parking space per three beds, Mr. Barnes was concerned that parking could present a problem if younger people resided at the facility and still drove. Mr. Miller explained congregate living facilities generally comprised a range of components including independent and assisted-living and nursing care/dementia. While parking could pose a problem for a more independent or even mixed clientele, 6 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 the facility targeted assisted-living clientele who did not drive. He noted the operator, Timeless Life Care, maintained assisted-living facilities in Hollywood and Venice, Florida. Mr. Miller was asked whether he or the applicant had visited Timeless Life Care's other facilities or other assisted-living facilities in Boynton Beach to determine whether parking was under or over-utilized. Mr. Miller advised he had viewed the other projects more from a market standpoint rather than a parking standpoint. Much of the data used in his application to justify the variance came from some of the other jurisdictions in which he worked. It was noted other municipalities required up to one space for every two beds, one space for each employee on the maximum shift and parking spaces for doctors on staff. It appeared Boynton Beach's requirements were low in terms of the number of spaces required. Mr. Breese commented staff's visits to comparable assisted-living facilities reflected approximately 70% to 80% of the parking lots had been utilized. The facilities were visited by staff at various times in the morning and afternoon and approximately 5:00 p.m. In Condition #2 of the variance request, if any changes were made with respect to the type of clientele or if transportation would no longer be provided, the applicant would be required to provide the subject parking spaces. Mr. Barnes expressed concerns relating to parking, especially in the early evening since the facility provided in-house dining. He suggested, with regard to Condition #2 of the variance request, rather than requiring the parking spaces to be provided immediately, the applicant could reapply for the variance. He inquired whether the operator would assign parking spaces to residents on a first-come, first-serve basis. Mr. Miller was not aware of any need for parking spaces to be assigned. As a result of Timeless Lifecare's experience at other facilities, they were not overly concerned with the number of parking spaces available. Additionally, they did plan to provide a small bus for transportation. Mr. Miller commented it had been the operator's experience that residents in a facility either did not wish to drive or should not be driving at that point in their lives. For those residents owning cars, in many instances the cars were not used and remained idle in the parking lot. The applicant essentially required two more parking spaces to meet the City's Code requirements, and it was possible the parking th on 4 Street could be available. Chair Jaskiewicz noted she had visited most of the facilities in the City at various times and never found it difficult to park. She had observed that unfortunately, many of the residents had no visitors at all. She also felt the program benefited by the amenities proposed and having an on-site physician. 7 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 Highlights of the Board's comments were as follows: ?The building and color scheme were good. ?The forward positioning of the building along Federal Highway prevented continuous landscaping and resulted in a sidewalk-to-wall condition. Texture, decorative tile or other level of detail was suggested to enhance the planters and ramps. It was also suggested more Palm trees be added along the front. Mr. Miller was asked whether any art features were proposed relative to the Art in Public Places requirement. Mr. Miller advised consideration had been given to placement of a statue, an art feature within the plaza itself, use of the wall for a Public Art feature or even a feature in the courtyard. Mr. Miller believed the project could be completed in 18 months if the permit could be secured next week. Chair Jaskiewicz invited public comments. Chris Francois, 65 Spanish River Drive, liked the project but felt the second and third floors of the building were "plain" and could be made "prettier." She inquired whether the rezoning resulted in a higher or lower density, whether it would affect future th redevelopment of her property and whether a median was designed for SE 4 Street. Mr. Breese responded Mixed Use-Low was no longer a category and had been replaced by Mixed Use-Low 1, 2 and 3, and Mixed Use-Low 2 was lower in density and height than the previous Mixed Use-Low. Anyone wishing to build at a later date would be subject to the Mixed Use-Low 2 regulations. th Mr. Bradley advised a median had been designed for 4 Street with one-way traffic in each direction. Individuals arriving from a southerly direction would make a right-hand turn into the building. If coming from the north, one would make a U-Turn and a left- hand turn into the facility. The median was designed by the City. Roberta Tomberg, 9535 Calliandra Drive, felt the idea was wonderful but had concerns. At the time she purchased her property 30 years ago, it was zoned C-3. Mr. Breese responded her property had remained C-3 and would continue under C-3 regulations unless she requested a change. Future development could proceed under C-3 regulations. 8 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 Ms. Tomberg was concerned people would use her office spaces for overflow parking if there were insufficient parking at the facility. She inquired whether parking requirements for other facilities were based upon one parking space per three beds or higher. Mr. Breese advised the facilities visited by staff required one parking space per three beds. Ms. Tomberg did not want the Oak trees between her building and the applicant's parking lot to hang over her roof and would prefer a small, pretty flowering tree. Mr. Bradley explained the six trees had been culled out as Oaks, but perhaps a more appropriate species could be explored that would still meet City Code requirements. A survey indicated the trees were located on the applicant's property. Ms. Tomberg inquired whether the facility would serve as a nursing home or assisted- living facility. Mr. Bradley explained different licenses were required for each component and the license sought by the applicant was for an assisted-living facility. With regard to her concerns relating to the dumpster next to her building, Mr. Bradley explained the dumpster would be in an enclosed space. Mary Law, 625 South Federal Highway, expressed concerns about the development, which was next to her office. The view of her property from U.S. 1 would be blocked by the project and medical center. She believed her property would be used for overflow parking if parking requirements for the facility were reduced. She felt the project resembled a "concrete box" and that the earth tones were "not exciting." She inquired as to the number of employees that would be providing services at the facility. She believed the project should be tabled until the City determined whether the project could be planned better and expanded to include additional properties. Mr. Bradley addressed the comments he felt he was able to address. The original color palette was more along the lines of Las Ventanas and then the Promenade. He felt the current lighter palette was much more appropriate. The maximum shift would consist of 20 employees. As to planning, the Mixed-Use category and Federal Highway Corridor Study were on point with the planning of the project. With regard to the parking component, if the Oak trees were removed, two parking spaces could be provided. However, the applicant preferred to preserve the trees and continue the City's greening efforts. Ms. Tomberg remarked about the difficulty in making a U-turn on Fourth Street as a result of a bullnose installed to protect onstreet parking. Chair Jaskiewicz indicated this would be brought to the attention of the City's Engineering Department. No one else came forward, and the public comments were closed. 9 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 Motion Mr. Myott moved to approve the Timeless Lifecare rezoning, 10-001, located at 623 th South Federal Highway (west side of Federal Highway between SE 5 Avenue and SE th 6 Avenue), requesting the approval to rezone the property from Mixed Use-Low Intensity (MU-L) to Mixed Use-Low Intensity2 (MU-L2), applicant: Eastside Lofts Development, LLC. Ms. Grcevic seconded the motion that passed unanimously. Motion Mr. Myott moved to approve the Timeless Lifecare zoning variance, ZNCV 10-005, th located at 623 South Federal Highway (west side of Federal Highway between SE 5 th Avenue and SE 6 Avenue), requesting relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Regulations, Section 11.(H.) allowing for a reduction in the number of required parking spaces amended to be from 48 to 46 resulting in a variance of two spaces, subject to the two staff comments. Mr. Barnes seconded the motion that passed unanimously. Motion Mr. Myott moved to approve the Timeless Lifecare conditional use and new site plan application 10-001 and the site plan 10-004 located at 623 South Federal Highway thth (west side of Federal Highway between SE 5 Avenue and SE 6 Avenue), requesting a conditional use and a new site plan approval for an assisted-living facility providing 144 beds within 87 units and ancillary retail on a 1.21 acre parcel zoned Mixed Use-Low Intensity 2 (MU-L2) subject to all 17 staff comments. Mr. Barnes seconded the motion that passed unanimously. B.1 Indoor Athletic Instruction/Training (CDRV 10-003), Code Review. Request approval to amend the Land Development Regulations (LDRs) to allow indoor athletic instruction/training, including gymnastics, dance/jazzercise/pilates Instruction, cheerleading instruction, karate instruction, indoor batting/golf facilities, as a conditional use in the M-1 (Industrial) district and as a permitted use in the Planned Industrial Development (PID) zoning districts. Applicant: City initiated. Mr. Breese noted staff was considering interim amendments to appropriately group and increase the consistency in regulating athletic/instruction type uses which currently were treated differently by the City's industrial zoning districts. Staff was desirous of rectifying the results of incremental Code amendments that were processed over the past several years and to create a blended use category containing many of these similar uses with similar characteristics under one heading. This would amend the 10 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 Industrial districts and the three Planned Industrial Districts (PIDs) to assist operators in establishing these uses. The three Planned Industrial Districts (Quantum Park, Boynton Commerce and High Ridge) had their own list of approved uses which were unique to each other and separate from the list of allowable and conditional uses within the M-1 zoning district. The inconsistency in zoning regulations could lead to errors by staff, property owners, realtors and business operators. As a result, staff had taken a comprehensive look at the similar uses which relied upon higher ceilings and larger floor areas found in an industrial district rather than a commercial center, mainly because of their specialized training apparatus. Staff believed the appropriate action would be to group the like uses together and allow them all under one use heading in the M-1 zoning district and within all three Planned Industrial Districts (PIDs). Staff proposed to title the use group "Indoor Athletic Instruction/Training," and to include the following uses: gymnastics, dance/jazzercise/pilates instruction, cheerleading instruction, karate or martial arts instructions, indoor batting/golf facilities and other similar uses and operational characteristics. Staff recommended this group be allowed as a conditional use in the M- 1 district so that each item could be reviewed on a case-by-case basis to determine whether there was any impact to surrounding uses and to ensure the safety of the public. Staff also recommended the uses be allowed in the three Planned Industrial Districts (PIDs) as the design sites were more modern, had better traffic circulation patterns and less intense industrial uses. As such, staff recommended approval of the item and preparation of the necessary ordinance for Commission approval. Motion Mr. Saberson moved the Board approve staff recommendations. Mr. Barnes seconded the motion that passed unanimously. 8. Other None. 9. Comments by members None. 11 Meeting Minutes Planning and Development Board Boynton Beach, FL April 27, 2010 10. Adjournment There being no further business to discuss, the meeting adjourned at 8:05 p.m. ~.~ Stephanie D. Kahn Recording Secretary 050410 12