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Minutes 04-26-11 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, APRIL 26,2011, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Matthew Barnes, Vice Chair Leah Foertsch Sharon Grcevic Cory Kravit Warren Timm James Brake Brian Miller, Alt Mike Rumpf, Planning and Zoning Director Shana Bridgeman, Board Council Chair Saberson called the meeting to order at 6:28 P.M. 1. Pledge of Allegiance Ms. Grcevic led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board and Cory Kravit as a new member. 3. Agenda Approval Motion A motion was made by Mr. Miller to approve the agenda. Ms. Grcevic seconded the motion that unanimously passed. 4. Approval of Minutes from March 22, 2011 meeting Chair Saberson noted the date on the minutes should be March 22, 2011. Motion Mr. Timm moved to approve the minutes as amended. Vice Chair Barnes seconded the motion that unanimously passed. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL April 26, 2011 5. Communications and Announcements: Report from Planning and Zoning Director Michael Rumpf , reported the Ocean Avenue Zoning Overlay was approved by the City Commission on second reading and is now in effect. Mr. Rumpf thanked the members for their willingness to accept the conversion to an electronic agenda system. The agenda went well and only one member had difficulty with it on their computer. He hoped at the next meeting, they would have computer technology for the members loaded on the laptops or alternative device capable of having documents adjusted. The department was moving to a greener system. The Recording Secretary administered the oath to all those intending to testify. 6. Old Business: None. 7. New Business: A.1 King’s Academy Pre-school/Day care @ Center Point Church (COUS 11- 002/MSPM 11-001) – Approve conditional use / major site plan modification for conversion of approximately 5,690 square feet of the total 14,692 square foot Center Point Church building to a pre-school / day care use for up to 120 students in the Quantum Park Planned Industrial Development District. Applicant: Glen Hanks of Glen Hanks Consulting Engineers, Inc. and Randall Martin, CRO of the King’s Academy. Ed Breese , Principal Planner, presented the application for a Conditional Use and Major Site Plan Modification for the conversion of a part of the church building for a pre- school day care use for up to 120 students. The applicant expects to begin using Sunday School classrooms in the Church, which will limit initial enrollment to 30 youth. After some time, they would apply for the needed permits to convert the remainder of their lease space to classrooms. The property was currently occupied by Center Point Church. The northwest portion of the property has a charter school. The traffic study reflects the combined uses would generate approximately 30 additional a.m. peak-hour trips and about 32 p.m. peak-hour trips, which was over what the site was originally approved for (office/warehouse) flex space. Staff suggested the traffic engineer analyze the signalized intersections relative to the current signal operations with having the high school and two charter schools and another day care operation in close proximity. This would ensure the turning movements associated with the use and the cueing would not adversely affect the traffic 2 Meeting Minutes Planning and Development Board Boynton Beach, FL April 26, 2011 on Gateway Boulevard. The traffic engineer conducted the analysis and concluded there was sufficient length to store the anticipated vehicle queing. Unlike schools with specific starting times, the day care would receive children at various times of the day which would avoid congestion at certain times. Parents are required to park and walk children in and out of the facility There is no stacking or parent drop off or pickup allowed at curbside. The traffic engineer proposed a traffic circulation plan for parents exiting the site. Glen Hanks, Mr. Breese reviewed the plan. Traffic Engineer for the project, showed when parents leave they turn right and then to the traffic light which will provide additional stacking and queing to avoid problems at the signalized intersection. A condition of approval is the school operators will be responsible for setting up the operation and informing the parents of the proper way to exit the site at the signalized intersection. The fiscal impact of the project was negligible. There would be fees for the Business Tax Receipt and a one-time application fee of $40. Additionally, the initial permit fees associated with the creation of the playground area immediately behind the building and some permit fees to convert some of the leased space to classrooms to accommodate the additional children would need to be paid. Staff recommended approval with the comments listed in the Conditions of Approval, Exhibit D. The engineer and agent for the project were present. Mr. Timm inquired if the project would be associated with the charter school or what their future plans were for additional educational facilities. Randal Martin , 9779 Maidwood Court Royal Palm Beach, Florida, was not associated with the charter school, only with the King’s Academy from a different location. Mr. Miller inquired about the increase of up to 120 students as it pertained to traffic and what the impact would be. Mr. Breese explained the City Engineer reviewed it. Based on the spread of time and the fact that no drop off or pickup would occur, it would avoid stacking for arrivals in the morning and in the afternoons for pickup. Since that would not occur, both the City’s engineer and the Applicant’s traffic engineer indicated there would be no issue. Mr. Miller requested further information and his concern was 120 students equated to 100 vehicles. Mr. Breese reiterated it is a day care operation and drop offs would occur at a time that was convenient for the parents. The actual classroom preschool begins at noon, well off the peak hour. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL April 26, 2011 Mr. Hanks explained when they modeled the Gateway Boulevard intersection and the project entrance, they used existing traffic counts and captured traffic from the charter and high school. They then went to the existing King’s Academy and observed their operation, applied the ITE standard rates to the 120 students the facility would eventually accommodate, and then modeled the intersection based on the traffic resulting from the 120 students and the current traffic. One recommendation they had was to divert the outbound traffic further north to provide additional stacking which is sufficient to avoid blocking the intersection. If no changes were made, then the intersection would be problematic. Vice Chair Barnes inquired about a permanent or semi-permanent solution, such as curbing or putting up Flexible Tubular Delineators, (whiffle bats) to guide traffic. Mr. Hanks indicated it was a possibility, but noted one caveat was a physical solution would be emergency access. Fire apparatus would come west on Gateway and have to make a 180 degree turn. When they applied the fire required radian to the site plan it was satisfactory. A structural change would prohibit it. Vice Chair Barnes noted the trucks could run over the delineators. He requested the Board consider instead of a temporary every day solution using orange cones to install whiffle bats. Mr. Hanks commented the church was an existing church in the facility. He acknowledged on Sundays or the evenings when they have activities, the additional median or physical impediment at that location was not needed, there was no cross traffic. They are attempting to counter the cross traffic. The peak time day care drop off was in the mornings. Vice Chair Barnes agreed it was not needed on Sunday, but it may be needed at other times. Mr. Hanks was willing to maintain those cones during the weekday hours of operation of the charter school but wanted to stay away from using the delineators because that would increase the resistance or cause the churchgoers to use a different motion. Vice Chair Barnes did not believe orange cones would not be aesthetically pleasing. He would rather see the delineators used. If it did not work out, they were easy to remove. Mr. Hanks deferred to the Board. Ms. Grcevic preferred the cones over the delineators for safety. The Academy was accommodating 30 students and then another 90 later on. There would be nothing but preschool starting with two and three year olds and then up to under five. The majority of the youth are picked up between 3 p.m. and 6 p.m. The afternoon hours were not at issue, it was only the mornings Chair Saberson inquired of Mr. Martin if most students were dropped off between 7 a.m. and 9 a.m. The Academy offers half-day day care. Accordingly, some students may be there at noon. Pickups occur between 3 and 6 p.m. There are a miniscule number of cars there at any one time. School starts at 9 a.m. and then in the afternoon at 1 p.m. For parents who work, the children can be there the entire day from 7 a.m. to 6 p.m. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL April 26, 2011 Seventy five percent of the students were there for the full day and 25% would be half day. It was noted there is a day care across the street. An inquiry was made of staff about parking spaces and it was explained if there was a meeting for all parents, the entire church parking lot was available because their heavy day is Sunday for services. There are 100 parking spaces. Vice Chair Barnes agreed traffic would be spread out, but noted based on the available stacking in the exit lane, which was at most two to three cars, only four cars were needed to create a stacking issue. Mr. Hanks explained the issue was the signal was installed after the school was originally built. Mr. Hanks was amenable to working with staff regarding the configuration of the delineators. The applicant agreed to Vice Chair Barnes’ suggestion and all the conditions of approval. Chair Saberson opened the floor for public comment. James Brake, Board Alternate, commented school personnel at Toussaint L’Overture advised him they may be moving. If they left, there may not be as many traffic issues. As to queuing, on the far right was another in and out location when driving east to west. An inquiry was about what the traffic would do there as it pertained to the main drop off location. He commented the Board was focusing their attention where the cars would be, but there would be cars on the other side entering and leaving the site. Chair Saberson closed the public comment. Andrew Mack, Engineering Department, had no concerns about the parking. Motion Ms. Grcevic moved to approve the conditional use/major site plan modification for conversion of approximately 5,690 square feet of the total 14,692 square foot Center Point Church building to a pre-school/day care use for up to 120 students in the Quantum Park Planned Industrial Development District subject to all recommended conditions of approval and the inclusion of the waffle bat configuration as suggested by Vice Chair Barnes and that the applicant agreed to. Mr. Timm seconded the motion that unanimously passed. A.2 Electric/Motorized Bicycles (CDRV 11-004) – Amend the Land Development Regulations, Part III, Chapter 1 Article II Definitions, to allow the retail sale of electric and/or motorized bicycles, mopeds, and scooters in sporting goods stores. Applicant: City-initiated. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL April 26, 2011 Eric Johnson , Planner II, explained last year the Land Development rewrite project was complete. As part of the post adoption process, staff anticipated there would be amendments. This was one. Also as part of the post adoption process, staff would like to categorize any future amendment in one of the following initiatives which were: 1. Business and economic development initiatives - the attraction and retention of businesses and responses to changes in the economic environment. 2. Sustainability initiatives - to further general energy conservation and/or specific recommendations of the Climate Action Plan or for general energy conservation. 3. Internal consistency – those amendments warranted to address identified internal consistencies or errors. 4. Regulatory compliance - responses to changes in state and/or county laws and regulations. 5. Implementation feedback – those adjustments and standards, regulations and processes necessary to meet original or current objectives and visions. This amendment would fulfill the business and economic and sustainability initiatives. It would redefine three types of uses in the City: one being a sporting goods store and the second and third dealing with auto dealers. Staff was approached by a bike retailer wanting to introduce electric bicycles as well as mopeds and scooters. Any motorized vehicle, including scooters greater than 50 ccs would require a dealer’s license. Under the current Code, the City would construe that to be an auto dealer, new or used. This could be problematic because auto dealers are regulated differently than sporting good stores. It was not something the City envisioned in its redevelopment plans, especially along arterial and collector roadways. This amendment would accommodate a different type of product that is not usually in an auto dealer. The mopeds and scooters are less than 50 ccs. Staff wants to change the Code to redefine auto dealer, and sporting goods store to accommodate a moped or scooter or electric bikes that do not exceed 150 cc's. Anything greater would be treated as an auto dealer. Staff recommended the Board review and approve the proposed changes to the definitions and the amendment would proceed to the City Commission on May 17th and then June 7, 2010. The retailer who wanted to sell them indicated the product line would not go above 150 cc’s. This is different from an auto dealer that sells motorcycles versus a sporting goods store with electric bikes or scooters. This vender wanted to cater to tourists, but the request would open it up to all sporting goods stores to sell different types of products. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL April 26, 2011 Anything 50 ccs or above has to be driven on the road. If the minimum speed on the highway is 40 mph, whatever vehicle being driven has to drive at least 40 mph. Mopeds and scooters also have to have a license and tag. It made sense to stick with the 150 cc's. It was noted the motorized bikes have pedals and can be ridden as a traditional bike. Staff could set a threshold with a maximum speed, but according to the VESPAmanufacturer’s website, the vehicles can go up to 59 mph. Staff had to be careful about the technology and maximum speeds. The main objective was whether they can sell a product. Chair Saberson noted there was no public present. Motion Vice Chair Barnes moved to approve CDRV 11-004, Amendment to the Land Development Regulations, Part III, Chapter 1 Article II Definitions, to allow the retail sale of electric and / or motorized bicycles, mopeds, and scooters in sporting goods stores. Ms. Grcevic seconded the motion that passed 6-1 (Mr. Timm dissenting.) 8. Other None. 9. Comments by members An inquiry was made if the Board had any input in the CRA area on Federal Highway. Mr. Rumpf explained the boundaries of review for this Board was City-wide. The scope was limited to development-related applications, site plans, rezonings, annexations, abandonments and variances, etc, not necessarily of a redevelopment plan, which is under the review authority of the Community Redevelopment Agency and any Land Development Regulations brought before the Board such as the Ocean Avenue Overlay. Discussion then turned to Margies Restaurant which opened up at the Promenade. There is no parking on the street. Parking is inside in the garage. One cannot walk from garage through the Promenade to Margies. They have to walk outside and around the building to get to the restaurant. Patrons cannot walk through the door from the lobby to the garage. The question was if the plan was approved that way or the developer had just decided not to let the people pass through. Margie, the restaurant owner, was having a problem with this. The same parking conditions would apply to any other retailer. He inquired if there was an access door. 7 Meeting Minutes Planning and Development Board Boynton Beach, FL April 26, 2011 was a mixed-use project and he was unsure about the flow areas. There probably were identified parking spaces or levels which were publically accessible and he commented it made sense to separate public and private areas, but noted it probably was not something they would be looking for and often it is left to be self-governed. In most cases, the developer is looking out for the tenants. Mr. Rumpf did not think it was something that would have been noted on the plans as long as there were logical routes between the parking spaces and ground floor without having to walk down ramps. He could be wrong. He would have to go back and look. Chair Saberson inquired if there was a redevelopment project in the CRA that required a rezoning, site plan, or other action, if those items would come before the Board. Mr. Rumpf responded they would. 10. Adjournment There being no further business to discuss, Mr. Miller moved to adjourn. Vice Chair Barnes seconded the motion that unanimously passed. The meeting adjourned at 7: 15 p.m. /1 ' l'IUluu/~fjJjw I L Catherine Cherry """-'I Recording Secretary 042711 8