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Minutes 09-28-10 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, SEPTEMBER 28, 2010 AT 6:30 P.M IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA. PRESENT: Roger Saberson, Chair Sharon Grcevic Shirley Jaskiewicz Candace Killian Warren Timm Mike Rumpf, Planning and Zoning Director Jamila Alexander, Assistant City Attorney ABSENT: Matthew Barnes, Vice Chair Steve Myott Leah Foertsch, Alternate 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:38 p.m. Ms. Grcevic led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board who were present. 3. Agenda Approval Motion Ms. Jaskiewicz moved to approve the agenda. Mr. Timm seconded the motion. The motion passed unanimously. 4. Approval of Minutes from August 24, 2010 meeting Ms. Jaskiewicz noted her name had not been included as present at the meeting. Motion Ms. Jaskiewicz moved to approve the minutes with the correction added. Ms. Killian seconded the motion. The motion passed unanimously. Meeting Minutes Planning and Development Board Boynton Beach, FL September 28, 2010 5. Communications and Announcements: Report from Planning and Zoning Director Ed Breese, Principal Planner, reported the conditional use to clean or launder clothing on premises passed on second reading at the September 7, 2010 City Commission meeting. At the September 21, 2010 Commission meeting, the Congress Middle School annexation, land use amendment and rezoning requests passed on first reading. Mr. Breese also noted the pain clinic and adult entertainment moratoriums were extended to November 28,2010. 6. Old Business: None 7. New Business: Attorney Alexander administered an oath to all those intending to testify. A.1 The Slomin Family Center (NWSP 10-005) - Approve The Slomin Family Center (NWSP 10-005) New Site Plan to construct a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59 acre parcel in the C-3 zoning district. Applicant: Sannlor Properties, LLC. Kathleen Zeitler, Planner II, reviewed the New Site Plan (NWSP) request and located the property at 3005 South Congress Avenue, currently a vacant commercial lot. The new facility would provide medical, therapeutic, personal services and social programming for the students of the private school. The campus would include a daycare facility, clinic and K-12 private school for up to 500 students. The project would be completed in two phases. It would include many sustainable and LEED features with a goal of obtaining Silver Certification. Traffic concurrency, services such as utilities, police and fire, and drainage, access, landscaping, building and site design, site lighting and signage have met all the requirements. The access and traffic flow were adequate with vehicle stacking onsite. Access to the shared driveway would be temporarily blocked with traffic cones during peak hours and used for emergency access only. A separate bus stacking area would minimize any potential conflict between cars and buses. The parking space requirements were exceeded and included overflow parking areas. The pervious area would be 26% of the total lot with adequate landscape buffering. The design is primarily one-story buildings primarily devoted to classrooms and offices with covered pedestrian corridors, courtyards and recreational areas, vegetable garden and cafe patio. Modern exterior design elements would be utilized with a base color of soft white with soft blue and green trim. An open space for public art would be available at the east entrance. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL September 28,2010 Staff recommended approval of the request for a new site plan subject to 24 conditions of approval. Mr. Timm confirmed the property is currently zoned C-3. Ms. Jaskiewicz pointed out it was a large tract of property to be tax exempt. Sam Cantor, 2499 Glades Road, Boca Raton, attorney representing Sannlor Properties, LLC, thanked the City staff for working closely with his team to make the project a reality. Chris Cooper, 500 Park Avenue, New York City, informed the Board the project was a vision of Sandra Slomin for a family center for those affected by autism. It is unprecedented in the country and pulls together many types of services in one campus including clinical components that are difficult for parents to receive coping with an autistic child. Visits to the dentist, haircuts, swimming pool privileges or family rooms are available for use by the entire family. The school would be considered an inclusion school with students who are 50% typical developing children and 50% would be in the spectrum of autism. The programs offered were outlined with the education component being the majority and therapy and clinical components. The total build out would be 50,000 square feet and include a swimming pool and gymnasium. The site plan utilized the program across the site to achieve a village or community environment rather than the mass of a building. The buildings would be energy efficient and benefit from an orientation to the northern light. The landscape concept was an old Florida forest type atmosphere and uses as many native plants as possible. The public art would be stretched throughout the site with perforated metal and color tiles. The hope was to be Silver Certified including facilities and fixtures to minimize water use and lighting. Site lighting would be pole lights and the parking would utilize pavers including overflow parking for special events using a stabilized grass. There would be fencing for security with a vine covered screen. The school would run with staggered start and stop times to minimize drop off congestion. There would be a separate bus entrance and exit. Phase two would be more classrooms adding middle school and high school, while phase one would be the main facilities and amenities. The project would be in conformance with all codes. Ms. Jaskiewicz questioned if the 26% pervious area would be sufficient for the recreational needs of young children. Mr. Cooper explained less than 40% of the site would be covered with buildings. The school also has the advantage of being across the street from a park. Ms. Jaskiewicz noted the planned boundless park would definitely complement the facility. She expressed concern with the choice of lighter colors. Mr. Cooper responded there would be a variety of blues for a color scheme and utilizing the architecture to not have sharp contrasts in colors. Ms. Jaskiewicz complimented the entire concept and believed the City should be proud of having this type of facility within the City. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL September 28,2010 Mr. Timm inquired if the light pole heights of 18 feet would meet their illumination requirements. Chris Betancourt, Landscape Architect, 4838 SE Graham Drive, Stuart, Florida confirm the height would provide sufficient light with five-foot candles at the base. Mr. Timm also questioned if the hallways of seven foot six inch to seven foot two inch in width would be a challenge during emergency evacuations. Mr. Cooper pointed out the classroom doors are only on one side of the hallways and would provide sufficient space. All classroom doors open to the exterior. Ms. Grcevic mentioned most autistic children are more obedient than most. Chair Saberson asked if the applicant was in agreement with all 24 conditions of approval. Mr. Cooper acknowledged the applicant was in agreement. Chair Saberson also inquired about the student enrollment figures and Mr. Cooper replied the build out was planned for 500 students. The affiliation with the Palm Beach School District was questioned and it was related the school would be separate and independent. Mr. Timm brought up the issue of the tax exempt status and Ms. Zeitler reported there had been no indication that the applicants were not-for-profit. Mr. Cantor advised the Slomin Center was a not-for-profit corporation and he was working with the group in Ohio and talking with State officials in Florida to get an answer. Ms. Zeitler added the applicants were proposing pervious pavers throughout the parking lot which would add to 26% of green space. Chair Saberson opened the issue for public hearing. A resident from 1534 Palm Land Drive, indicated she was concerned with the traffic pattern and there being only 20 feet from Congress Avenue to the parking lot entrance. There were 200 homes using the road coming onto Congress Avenue and cars exiting Hunters Run coming to the same traffic light at Charter Drive. There is no left-hand turn light. The school buses use the road to turn around and middle school children are dropped off on the road with parents parked on the grass waiting to pick up the children from the bus. The number of students and staff would be greatly increased and she questioned if the road could accommodate the increase. Ms. Zeitler advised the Engineering Department and Palm Beach County Traffic Engineering had reviewed the traffic analysis based on the number of trips anticipated. The conditions of approval did address the traffic issue and would require some observance for a period of time and improvements, if warranted. The applicants would also have teachers available to expedite the traffic flow. No one else coming forward, Chair Saberson closed the public hearing. Ms. Grcevic opined it was a beautiful project and she enjoyed the cool blue colors. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL September 28,2010 Motion Ms. Jaskiewicz moved to approve the New Site Plan to construct a private school campus with a daycare, community center and clinic for individuals and families affected by autism on a 4.95 acre parcel in a C-3 zoning district taking into consideration all 24 conditions of approval. Ms. Grcevic seconded the motion. The motion passed. Ms. Jaskiewicz developed the school would be open by the fall semester of 2013. B.1 Clear Wireless at Monteverde Condominiums (COUS 10-004) - Approve Clear Wireless at Monteverde Condominiums (COUS 10-044) Conditional Use request for stealth rooftop antennas and related telecommunications equipment on top of an existing multi-family residential building (Monteverde Condominiums) in Renaissance Commons. Applicant: Brian Plewinski, Civil Solutions, Inc. Ms. Zeitler reviewed the request for a conditional use on the property at 1605 Renaissance Commons Boulevard South in an SMU zoning district. The antennas must be a stealth camouflage design. Clear Wireless is an internet service provider and proposed four locations on building two and will have minimum impacts. The locations are the northwest corner enclosed within the tower feature, the southwest portion of the rooftop within the tower feature. Another location is the replacement of an existing light pole at the southwest corner of the parking garage rooftop with a stealth light pole of the same height. The fourth location would be a wall mounted equipment cabinet with a seven foot by seven foot lease area toward the center of thesouthwest roof area screened from view. The application complies with development regulations, conditional use standards and conformity with the intent of the tower regulations to minimize impact on adjacent properties. Staff recommended approval subject to the conditions of approval and compliance with the SMU district standards of a maximum height of 75 feet. Brian Plewinski, 4101 Ravenswood Road, Ste 201, Dania Beach, FL maintained all three antenna locations were completely concealed. The pole antenna would require the pole to be wider. The cabinet would be wall mounted and not visible from the ground and screen walls would be added to minimize any possible visual impact. Chair Saberson asked if the applicant was in agreement with the 12 conditions of approval and Mr. Plewinski concurred. Ms. Killian inquired if the antenna would have any affect on the apartment phones, microwaves, computers or any other electronics. Mr. Plewinski replied it would not because they are a unique spectrum and pointing outward. It would provide a better signal if any of the tenants subscribed to Clear Wireless. The new installations would complete the coverage in the area. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL September 28,2010 Chair Saberson declared the public hearing open. No one came forward and Chair Saberson closed the public hearing. Ms. Zeitler added the applicant had worked with the Monteverde Association when the previous applicant, AT&T, was attempting to obtain a conditional use approval on the other building in Renaissance Commons. Mr. Plewinski claimed the AT&T location would not have offered the same coverage opportunities as the proposed sites. Motion Ms. Jaskiewicz move to approve Clear Wireless at Monteverde Condominiums Conditional Use request for stealth rooftop antennas and related telecommunications equipment on top of an existing multi-family residential building in Renaissance Commons including all conditions of approval. Mr. Timm seconded the motion. The motion passed unanimously. C.1 LDR Re-write Group 8 continued (CDRV 07-004) - Approve LDR Rewrite (CDRV 07-004) draft changes to previously presented Chapters 1, 3, and 4 of the Land Development Regulations Rewrite project regarding in part, definitions, general provisions and zoning districts and various development standards. Eric Johnson, Planner II, proudly presented the culmination of the rewrite project. It had been done in eight phases and it was the intent to have the revamped Code presented to the Commission on October 19, 2010 for first reading and the second reading in November, 2010. The changes over the two years have been approved and the current request includes zoning code changes made after the Board's review of the proposed language. The proposed changes are non-critical. Mr. Johnson gave a brief overview of all the proposed changes that had been approved. Changes not included were urban agriculture provisions, the allowance of a community garden as a principal use, add definitions for auto broker and artist studio, glass and mirror business and renamed information and data processing to information, data processing and call center. The use matrix was shifted by removing take-out restaurant from commercial services and relocating it under commercial retail. Martial arts, gymnastics and dance studios were renamed to indoor athletic instruction. The definition of pharmacy and drug store had to be changed also. Staff recommended supporting the changes in the LDR Rewrite Project. Motion Ms. Grcevic moved to approve the LDR Rewrite (CDRV 07-004) draft changes to 6 Meeting Minutes Planning and Development Board Boynton Beach, FL September 28,2010 previously presented Chapters 1, 3 and 4 of the Land Development Regulations Rewrite project regarding in part, definitions, general provisions and zoning districts, and various development standards. Ms. Jaskiewicz seconded the motion. The motion passed unanimously. Mr. Johnson thanked the Board for their support of the project. Mr. Rumpf commended Mr. Johnson and his efforts and noted the staff tried to be dynamic to the needs of the business community in view of the economic situation. It has motivated many of the amendments. D.1 Pain Management Clinics (CDRV 10-007) - Approve Pain Management Clinics (CDVR 10-007) Code Review to amend the Land Development Regulations involving definitions, operational requirements, and references to new State laws applicable to the approval and operation of pain clinics, pain management clinics and other uses that dispense pain medications. Mike Rumpf, Planning and Zoning Director, reviewed the intent of the moratorium to study the performance and operation of pain management uses and their impact on adjacent businesses and land uses. Staff also participated in a subcommittee that studied the matter through the Intergovernmental Plan Amendment Review Committee (IPARC) by monitoring the local task forces in Palm Beach and Broward Counties. Senate Bill 2272 was adopted and is now in State statute form. The moratorium expires late November, 2010. Mr. Rumpf reviewed a presentation giving statistical data available on the prevalence of the establishments in South Florida. The issue commenced with complaints from adjacent businesses dealing with vagrancy, loitering, traffic and parking congestion and crime. Florida is one of the few states that do not have State laws to prevent this type of activity or have any regulatory structure. Over 50% of the clients using pain clinics come from out-of-state to pill mills that directly dispense medications. There is general disappointment with the new State laws due to regulations on the maximum amount of drugs being prescribed. The new law does require registration of all new pain clinics, higher qualifications of the physicians and the clinic must be owned by an MD who qualified under State law. Local regulations are needed to bridge the gap between State laws and the current problems. The proposed regulations should include a pharmacy and drug store definition. Further review from the Legal Department is ongoing. The goal was to capture any type of business that may include dispensing of narcotics as part of the business. Enforcement was addressed and exemptions of legitimate operations were outlined such as hospitals. Comments from the Police Department and the Palm Beach County Task Force would also be examined for inclusion into the regulations. There would be enforcement challenges. 7 Meeting Minutes Planning and Development Board Boynton Beach, FL September 28,2010 Chair Saberson clarified the regulations would not apply to a traditional pharmacy or doctors writing prescriptions for their patients. Mr. Rumpf cautioned the regulations would be growing as more issues arise and are resolved. Motion Ms. Jaskiewicz moved to recommend sending to the Commission the Board's approval of pain management clinics Code Review to amend the land development regulations involving definitions, operational requirements and references to new state laws applicable to the approval and operation of pain clinics, pain management clinics and other uses that dispense pain medications. Mr. Timm seconded the motion. Chair Saberson opened the issue for public hearing and no one came forward. The motion passed unanimously. 8. Other None 9. Comments by members Ms. Jaskiewicz inquired about the status of the new Walmart on Federal Highway. Mr. Rumpf advised the applicant had submitted for building permits and is under review at this time. Mr. Rumpf also reported the marina yacht club project had not moved forward. 10. Adjournment Motion Ms Killian moved to adjourn. Mr. Timm seconded the motion. The motion passed unanimously. Chair Saberson declared the meeting adjourned at 8:09 p.m. IJ/q qV ;Jy&- ,,fudith A. Pyle, C~ Deputy City Clerk 8