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Minutes 06-28-11 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JUNE 28, 2011, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Mike Rumpf, Planning and Zoning Director Matthew Barnes, Vice Chair Shana Bridgeman, Board Attorney Leah Foertsch Sharon Grcevic Cory Kravit Brian Miller Warren Timm James Brake, Alt. Chair Saberson called the meeting to order at 6:29 p.m. 1. Pledge of Allegiance Vice Chair Barnes led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Motion A motion was made by Vice Chair Barnes to approve the agenda. Mr. Miller seconded the motion that unanimously passed. 4. Approval of Minutes of May 24, 2011 Motion Ms. Grcevic moved to approve the minutes as presented. Vice Chair Barnes seconded the motion that unanimously passed. 5. Communications Mike Rumpf, Planning and Zoning Director, reported the Code amendment previously approved by the Board was approved by the City Commission on second Meeting Minutes Planning and Development Board Boynton Beach, FL June 28, 2011 reading. The amendment would permit retail sales of low powered mopeds allowing them to be sold in retail stores and it distinguished them from the more powerful ones sold as motor vehicles. The remaining Code amendment permitted bars, nightclubs, or cigar bars in mixed-use pods in the Planned Industrial Development District. 6. Old Business: None 7. New Business: The Recording Secretary administered the oath to all those intending to testify. Sibia Building (NWSP 11-002) A.1. - Request for New Site Plan approval to construct an 8,806 square foot two-story medical office building with retail pharmacy on a 0.66-acre parcel located at 709 South Federal Highway, in the C-3 (Community Commercial) zoning district.Applicant: Hardial Sibia, HMRS, LLC. Kathleen Zeitler , Planner, presented the request for a New Site Plan. The building is situated on .66 acres with 83 feet of frontage on Federal Highway and SE 4th Street. The property is currently vacant and undeveloped and has a future land use designation of Local Retail/Commercial. It is currently zoned C-3, Community Commercial. The subject parcel is located in the Community Redevelopment Agency’s Federal Highway Corridor plan and is in the Urban Commercial District overlay zone. The surrounding property was zoned C-3, Community Commercial to the north and south; R-3, Multi-Family to the east; and R-2, Single- and Two- Family Residential to the west. The project was approved by the City Commission on April 2, 2009 as NSP 09-001; however, eighteen months elapsed and a request for a time extension or building permit was not made. Accordingly, the site plan expired October 1, 2010. The project was proposed as a two-story commercial development and the current zoning permits the use. Staff reviewed the project for concurrency, utilities, emergency services, drainage, access, vehicular and pedestrian circulation, parking, landscaping, site lighting, building design and height, signage and required public art. The building placement complies with the setback requirements. Vehicular circulation from the front driveway would occur via a two-way understory circulation to the parking lot to the rear driveway. A minimum of 46 parking spaces are required; however, a reduction of 5% of the parking spaces, equaling two spaces, may be approved when certain criteria such as landscaping and pedestrian connections are met. The site plan reflects enhanced landscaping with sod areas replaced with colorful ground covers and enhanced pedestrian connections via 2 Meeting Minutes Planning and Development Board Boynton Beach, FL June 28, 2011 continuous sidewalks along both rights-of-way. The plan complies with the minimum of 44 spaces and four handicapped spaces near the west entrance. Ms. Zeitler reviewed the first floor contained medical office, retail and mechanical space, storage, the rear stairwell, the lobby and an elevator. The second floor contained medical offices. The building would have a contemporary Mediterranean design with Spanish architecture with covered balconies. Two tiled murals to comply with the Art in Public Places requirement were included with one proposed on the east elevation and the other on the southern. These would be hand-painted tiles depicting abstract plant materials. The artist and artwork was still pending review by the Arts Commission. Staff recommended approval of the plan with the 15 conditions of approval noted in Exhibit C. Fred Griffin , representing the applicant, was present. He announced the plan was approved about 1.5 years ago, but the architect neglected to respond to the notice sent by the City advising of the expiration of the plan. Accordingly, they started the process all over. He complimented staff for their assistance. In response to questions, Mr. Griffin responded they hoped to break ground in July and Mr. Sibia’s son, who was an internist, RSS Laboratory and an orthopedist, would be located in the building. Rodolfo Acevedo , AW Architects, 770 Congress Avenue, Boca Raton, Suite 1114, testified the building had already been designed and they were hired to complete the plan, move it through the site plan process and comply with the changes and suggestions made by staff, The floor plan accommodated the needs of the tenants. The elevation remained the same as originally proposed, but they added more details. They adjusted the corners, colors and materials to enhance the character of the building, which was a two-story masonry building with painted stucco. It would have a shed roof with brackets that harmonized with the balcony. He commented with the required art, the building would be a valuable addition to the neighborhood. and City. Vice Chair Barnes inquired if the retail pharmacy space was owned and operated by the doctor’s office. The concern was raised to avoid pill mills. Mr. Sibia, 17825 Field Brook Circle, Boca Raton was administered the oath and testified it was separate. He also commented he constructed a medical building on Jog Road and Woolbright and it is one of the best buildings in Boynton Beach. His two sons are doctors. The internist has an existing practice, which would be moved to the new location. The building was already at capacity. He commented he intended to build more buildings in Boynton Beach and was very impressed with staff. The building will be an A-Class building. Chair Saberson opened the floor to public comments. No one came forward. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL June 28, 2011 Motion Mr. Miller moved approval subject to all staff comments. Ms. Grcevic seconded the motion that unanimously passed. Florida-Friendly Landscape (CDRV 11-006) B.1. – Request to amend the Land Development Regulations (LDR) to implement Florida-Friendly landscape techniques designed to decrease the impacts of development on the environment as well as to reduce the demand of potable water for irrigation purposes. Applicant: City-initiated. Eric Johnson , Planner II, reviewed the item would further one of the City’s sustainability initiative’s, the Community Action Plan, Section 4.1.2. by adopting and incorporating Florida Friendly Landscaping Principals in the Land Development Regulations and would complete the intent of the Community Action Plan. “Florida Friendly” are principals developed by the University of Florida Institute of Food and Agricultural Sciences. It consists of nine principals to reduce the environmental impact of development and conserve potable water. Florida is experiencing a drought and it was very important to conserve water, and more specifically potable water. The principals are as follows: Right tree, right place; Manage yard pests  Water efficiency; responsibly;  Fertilize appropriately; Recycle;  Mulch; Prevent storm-water runoff;  Attract wildlife; Protect the waterfront.  Staff reviewed the Florida Department of Environmental Protection model ordinance to extract items that were important, relevant and tailored to the City of Boynton Beach. Mr. Johnson noted not every element of the model ordinance was feasible for the City, such as requiring commercial properties to install bat houses. He noted the standards were highlighted with the words “you shall” and “you should.” The provisions will change four parts of the Code, which were Chapter I, Article II, Definitions; Chapter II, Article III, Engineering Division Services; Chapter IV, Article I, Environmental Protection Standards; and Chapter IV, Article II, Landscape Design and Buffering Standards. As part of the public input process, staff invited nursery growers, a landscape irrigation contractor and architects to review the proposed regulations and provide feedback. Positive feedback, opinions and comments were received and incorporated into the proposed regulations. Staff recommended approving the proposed revisions and if approved, anticipated the item would be adopted in August or September. Mr. Johnson explained staff was comfortable that the impacted businesses would be able to reasonably comply with the requirements. The changes were a fair balance which were not too onerous on the property owners. The provisions applied to non- 4 Meeting Minutes Planning and Development Board Boynton Beach, FL June 28, 2011 residential property as well as multi-family residential and new planned unit developments within the common areas. Mr. Johnson explained when the plans were drawn up, a cost analysis was not conducted. Public input was sought and there were no comments received on the issue. Even if there was a provision regarding cost, if it was too onerous to maintain, those provisions were removed. Shrubs and hedges shall be planted a minimum of 24 inches in height. This would apply to new construction and major modification projects. Discussion followed about Crime Prevention through Environmental Design. Mr. Johnson explained this concept was separate from “Florida Friendly” principals. Crime Prevention through Environmental Designs provides numerous suggestions and standards available to reduce crime. As an example, ATM machines should have lighting to deter theft. There are also discrepancies between Police and Development communities on the matter. The City’s regulations have an aesthetic tilt. For items that are considered unsightly, hedges are often used; however, one could hide behind the hedge. A police community would prefer no hedges. Mr. Johnson acknowledged the concept was interesting and he invited the members to review it further. Motion Mr. Timm moved to approve the amendment to the Land Development Regulations to implement Florida landscape techniques designed to decrease the impacts of development on the environment as well as to reduce the demand of potable water for irrigation purposes. Ms. Grcevic seconded the motion that passed unanimously. 8. Other None. 9. Comments by members Mr. Miller spoke about a stretch of road on Federal Highway in Boynton Beach near the proposed WalMart that had no lighting. He felt there should be lighting there and inquired to whom this should be referred. Mr. Rumpf agreed to check with Jeff Livergood, Director of Public Works and Engineering on the matter. Mr. Timm noted the City Commission had a recent discussion about how to bring business into Boynton Beach and commented in his personal travels near Boynton Beach, when he notices new construction or a new business, he asks the owners why they selected this municipality as opposed to Boynton Beach. He suggested all the members do the same over the next few months. After a few months, the information gathered could be presented to the City Commission and they can decide what they can do to bring more business to Boynton Beach. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL June 28, 2011 10. Adjournment There being no further business to discuss, Mr. Miller moved to adjourn. Mr. Timm seconded the motion that unanimously passed. The meeting was adjourned at 7:04 p.m. G{Lli-v~u)ct Ckt~ Catherine Cherry (f Recording Secretary 061911 6