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Minutes 10-25-11 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, OCTOBER 25, 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 Stacey Weinger, Board Attorney James Brake Leah Foertsch Sharon Grcevic Cory Kravit Brian Miller ABSENT: James Brake Leah Foertsch (Resigned) Vince Piraino, Alternate 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Mr. Miller 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 Ms. Grcevic moved to approve the agenda as presented. Mr. Miller seconded the motion that unanimously passed. 4. Approval of Minutes from September 27, 2011 meeting Motion Mr. Miller moved to approve the minutes. Ms. Grcevic seconded the motion that unanimously passed. 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, provided an update on the items that went before the City Commission over the last two meetings. Two items were approved by the City Commission. The first was the Habitat for Humanity re- zoning and land use Meeting Minutes Planning and Development Board Boynton Beach, FL October 25, 2011 amendment items intended to accommodate a small sub - division Habitat for Humanity wanted to establish in the vicinity of SW 6 Avenue. In addition, there were two code amendments. One related to indoor athletic construction. The other related to the calculation of wall signage for a business. This amendment reinserts a word that had been in the Code for several years which limits it to the facade or frontage of the building and not necessarily the perimeter of the building. 6. Old Business None 7. New Business Attorney Weinger administered the oath to all those intending to testify. A.1 Publix at Sunshine Square (COUS 11- 004 /MSPM11 -004) — Approve request for Conditional Use /Major Site Plan Modification for drive -thru pharmacy in association with previously approved Publix reconstruction Sunshine Square shopping center located at the southwest corner of East Woolbright Road and South Federal Highway within the C -3 (Community Commercial) zoning district. Applicant: Jami Passer of Edens & Avant. Kathleen Zeitler, Planner, located the property at the southwest corner of Woolbright Road and Federal Highway in the C -3 Community Commercial zoning district. Jennifer Vail with Land Design South is the agent representing the applicant, Jami Passer of Edens & Avant Sunshine, LLC. They have requested conditional use and major site plan modification approval for a drive -thru facility at the proposed Publix grocery store. As part of the approved redevelopment modifications, the former Publix building was razed and will be replaced with a larger Publix store, with over 14,000 additional square feet. The proposed drive -thru would be for the Publix pharmacy and would be located on the south facade of the new Publix building. In December, 2010, minor modifications were approved by staff, with a reallocation of some building square footage and a reduction in overall building area of almost 9,000 square feet. These modifications included the design of the proposed drive -thru facility, with a by -pass lane along the south facade of the Publix grocery store. Land Development regulations require Conditional Use approval for any type of drive -thru facility. Therefore, staff required as a condition of approval, for the Minor Site Plan Modifications, the drive -thru window could only be constructed if Conditional Use approval was obtained through a separate application. No exterior modifications are proposed to the Publix grocery store building to accommodate the drive -thru facility other than the addition of a window. Additional pavement markings are proposed to distinguish between the entrance for the one -way drive for the drive -thru and the area designated for truck deliveries. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL October 25, 2011 Ms. Zeitler continued to explain the landscaping and how it would provide adequate screening and buffering of the proposed drive -thru facility, yet would comply with visibility requirements for security purposes. This Conditional Use was considered to be compatible with surrounding commercial development and was suitable for the site. In addition, the proposed Publix pharmacy drive -thru facility would benefit and serve the community. Ms. Zeitler advised that the Development Application Review Team reviewed this request for Conditional Use and Major Site Plan Modification to allow the proposed Publix drive -thru facility. Staff also evaluated the project with the Conditional Use standards and staff's report to the Board, and recommends approval with no conditions. Jennifer Vail, Land Design South, 400 Columbia Drive, West Palm Beach, advised she was the agent for the applicant, Edens & Avant Sunshine, LLC. She indicated representatives from Edens and Avant, as well as Publix were also present. She reiterated they were present to request a Major Site Plan Modification and Conditional Use approval for the drive -thru for the proposed renovated Publix pharmacy. She presented the Board with displays showing site plan graphics and all the modifications that were previously approved in 2010, along with the current proposed plan. Mr. Miller inquired if there would be security cameras at the drive - window and Ms. Vail indicated there would be cameras along that facade of the Publix building, directed toward the pharmacy drive -thru. Motion Vice Chair Barnes moved to approve the Publix at Sunshine Square Conditional Use Approval and Major Site Plan Modifications. Ms. Grcevic seconded the motion that unanimously passed. B.1. Timeless Life Care (SPTE 11 -009) — Approve request for a one (1) -year time extension for the Timeless Life Care New Site Plan (NWSP 10 -004), Conditional Use (COUS 10 -001), and Variance (ZNCV 10 -005) Development Orders which were approved by the City Commission on June 1, 2010. Property located at 623 South Federal Highway within the MU -L2 (Mixed Use Low 2) zoning district. Applicant: Bradley Miller of Miller Land Planning Consultants. Ms. Zeitler advised Timeless Life Care project was approved for a six -story assisted living facility, just under 93,000 square feet, providing 144 beds within 87 units and 1,000 square feet of ancillary retail. A variance request had been approved for the reduction of two parking spaces. Bradley Miller, Miller Land Planning Consultants, was 3 Meeting Minutes Planning and Development Board Boynton Beach, FL October 25, 2011 the agent representing the property owner, Eastside Lofts Development, LLC. They are requesting a one -year time extension for the Timeless Life Care New Site Plan, Conditional Use and Variance Development Orders approved by the City Commission on June 1, 2010. The original approvals are valid for 18 months and are scheduled to expire December 1, 2011. If this request for extension were approved, the expiration date of the site plan, including concurrency certification and the Conditional Use Development Orders, would be extended to December 1, 2012. There had been no previous time extension applications for this project. Ms. Zeitler further advised that the developer indicated that additional time was needed due to challenges in obtaining financing related to the economy. The developer also advised that construction drawings for the project were being prepared for an anticipated building permit application submittal in mid -2012. Staff recommended approval of this first request for a time extension subject to one condition of approval, which would be that the original conditions of site plan approval still apply. Bradley Miller, Miller Land Planning Consultants, 1501 Corporate Drive, Suite 240, advised he was representing the owners. Some time ago, they recognized time was coming to a close and proceeded to meet with staff. At one time, they had financing Tined up, but it fell apart. They had been spending time trying to find any means of financing that was available, but given the economy, financing was difficult to obtain. They were closing out some of their own projects by the end of the year which would hopefully give them cash flow and financing would not be needed. The hope was that more time would be given in order to move the project forward. The problem was that most financers want pre -sales which was extremely difficult to do with an assisted living facility due to the prospective party not being able to see what they would buy. Motion Vice Chair Barnes moved to approve the Timeless Life Care request for a one -year time extension for the site plan subject to staff conditions. Mr. Miller seconded the motion that unanimously passed. C.1. Stonehaven HOA (MPMD 11 -001) — Approve request for a Master Plan Modification to the Stonehaven Master Plan to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home addition on an existing 14 foot by 18 foot concrete slab installed at the time the house was originally constructed. Property located at 1747 Banyan Creek Court within the PUD (Planned Unit Development) zoning district. Applicant: Stonehaven Homeowners Association. Ed Breese, Principal Planner, advised the Stonehaven Homeowners Association was requesting a Master Plan Modification to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home edition. The PUD is a mix of single family homes and garden apartments. The HOA approved the request 4 Meeting Minutes Planning and Development Board Boynton Beach, FL October 25, 2011 from the homeowner to construct a small bedroom addition at the rear of the house on the concrete slab poured at the time of the original house construction. In the HOA letter of request, the Vice President of the HOA states that the lot in the rear of the house directly abuts a section of community property approximately 30 feet wide which runs from the street to the drainage lake. The addition would in no way affect access to the lake, utility easements, or the site lines of any of the neighbors. The Board of Directors would require other owners that request a change to undertake a separate petition process. Mr. Breese indicated staff would typically look at the balance of the master plan and look at other Tots under similar situations and suggest that they be included in the master plan. Since the Homeowner Association Board wished to review each request on an individual case -by -case basis, staff respected their decision, so the request before this Board was only for this particular lot. Staff reviewed the request by comparing it with other planned residential developments throughout the City and similar type of amendment requests. Staff previously processed two requests for Boynton Lakes North for rear yard setbacks to reduce them to a two foot rear setback on all properties abutting any body of water in the development. Since the proposed improvements associated with the request would occur within the homeowner property lines only, staff believed that the rear setback request for amendment to be appropriate and would not impact any of the neighbors. Therefore, staff is recommending the request for the Master Plan Modification be considered non - substantial and approved, subject to the conditions contained within Exhibit E, Conditions of Approval. Voncile Smith, the property owner, was present for questions. Voncile Smith, 1747 Banyan Creek Court, advised she had been working on this issue since last February. She was told that she would initially just need to get the Homeowner Association Board to approve it, which was done in March. An architect began working on the plans and a contractor was contacted and then was told that an official amendment needed to come before this Board and ultimately before the City Commission. She expressed her hope that the Board approve her request. Vice Chair Barnes inquired whether the addition would be painted to match the house and Ms. Smith indicated the planners had been looking at the architectural draft and she believed the only issue had been with the air conditioning system The changes were addressed and made. Motion Ms. Grcevic moved to approve the request for a Master Plan Modification to the Stonehaven Master Plan to reduce the rear setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home addition on an existing 14 x 18 foot concrete slab installed at the time of original construction. Vice Chair Barnes seconded the motion that was unanimously approved. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL October 25, 2011 D.1. Wholesale Motor Vehicle Dealer (with no on -site sales) (USAP 12 -001) — Approve request for Use Approval to add Wholesale Motor Vehicle Dealer (with no on -site sales) for Lot 70 only, to the approved Quantum Park Planned Industrial Development (PID) approved use list. Property located at 2027 High Ridge Road within the PID zoning district on a lot with the (01) Office and Industrial use option. Applicant: Scott Backman of Siegel, Lipman, Dunay, Shepard & Miskel LLP. Eric Johnson, Planner, advised this was a Use Approval to allow a wholesale vehicle dealer on Lot 70 in Quantum Park. The existing land use is DRI (Development of Regional Impact) and the zoning district is PID (Planned Industrial Development). In Quantum Park, each lot has a PID use option and the option for Lot 70 would be 01 (Office & Industrial). Mr. Johnson advised he provided a list in the packet that contained a laundry list of different uses that were allowed in the OI designation. However, a wholesale vehicle dealer was not one of them. The Board was being requested to amend the permitted use list to allow the subject use. Mr. Johnson further explained that the 01 designation was intended for general wholesaling activities. However, staff did not construe a wholesale vehicle dealer to be similar to other more traditional wholesaling businesses. The determination was based on the operational characteristics, zoning use descriptions, and standards associated with vehicle dealerships. Such operational uniqueness was, in part, contributed to parking intensity and site layout, traffic characteristics, signage, and potential customer activity which greatly contrasts the site standards and capacity of properties designed and built for warehousing. This was an industrial type of area and a wholesale vehicle dealership would not be compatible with the development for which it was proposed. Mr. Johnson advised the applicant had proposed a type of operation that would not necessarily invite customers to the subject property. Staff understands that all sales would be conducted off premises. There are 11 operational performance standards that the City had that each use approval request had to be evaluated on. Those standards are: noise, vibrations, smoke, dust, dirt, odors and fumes, toxic or noxious matter, fire and explosion, heat, humidity or glare, liquid and solid waste, electro- magnetic interference and hazardous material and waste. The applicant had stated that none of these standards would be violated and staff concurs. However, to insure the proposed use remain as a wholesaling type of use, three conditions of approval were incorporated. Staff recommends approval of the wholesale dealership, provided it complies with the conditions of approval. Bonnie Miskel, 5355 Town Center Road, Boca Raton, was present on behalf of the tenant. She explained how the proposed business would operate. She advised essentially vehicle owners would come to the property and park in front of the business. One of the employees would inspect the vehicle, and if it was accepted, they would go into a very small counter area, transact the business, turn over the title, and leave. The vehicle at that point would be brought into the warehouse area and stored on a temporary basis. This business would be entirely wholesale. They are licensed only to 6 Meeting Minutes Planning and Development Board Boynton Beach, FL October 25, 2011 sell to the trade, so they cannot directly sell to any member of the public. They work through the West Palm Beach auction company and the auction company sends drivers down to pick up the cars and transport them back to the West Palm auction lot. The auction company would serve as a facilitator. The storage of the cars would be temporary. They would only be able to take in as many cars as they were able to store until the vehicle could be delivered off -site. They expect to transact somewhere between 30 and 60 cars a month. They have no problem complying with staff's conditions and recommendations. They would be in violation of Florida Statutes, Chapter 320 if they attempted to sell to someone other than the trade. Mr. Miller inquired as to how many people they would be employing. Ms. Miskel estimated approximately five to six employees would be on -site in the office. Mr. Miller wanted clarification as to what would be done if the car was in need of repair and Ms. Miskel indicated no repair work would be done on -site. The vehicle would either be repaired off -site or sold as is, as 99% of the vehicles are sold that way. Lynn Goldberg, 9529 Foxtrot Lane, Boca Raton advised the business model was based off buying. With CarMax right there, it works together. In answer to the question regarding if the vehicle needed repair, she remarked that was the beauty of wholesale. The vehicle would be bought based on what the car needed or did not need. Mr. Miller inquired of Ms. Goldberg if she had experience with this type of business and she advised she had this type of business in other locations in Florida, Maryland, Washington D.C., Virginia and Delaware. Chair Saberson inquired whether the Board should include that sales would occur solely and exclusively at off -site auctions. Ms. Miskel advised they would like the flexibility that if something was sold off -site to the trade in some other form other than an auction in the future, they would have the ability to do so. Vice Chair Barnes indicated he understood that the plan was not to conduct on -site sales, but felt, in essence, the public would be selling to the applicant and wanted clarification from the Board attorney if that could cause a problem. He also expressed concern that he saw this as "half a CarMax" where only the buying part was the business being conducted, and not the selling and felt this would create more on -site traffic with vehicles coming in than originally stated. Mr. Johnson informed the Board that part of the lease agreement with Duke Realty was that they could not violate their lease agreement by parking cars outside. Ms. Miskel responded that wholesaling was already in the PID and that wholesaling does envision the acquisition and the distribution of product, but it was to the trade. In any wholesale business, you would also have the same level of transaction. She felt the best case scenario was two cars in a day. When thought about at that volume, it was a really minor number. State statute does not look at the "buy" component; it looks at the "sell" component when it defines what wholesaling is. The statute only limits the Meeting Minutes Planning and Development Board Boynton Beach, FL October 25, 2011 sell part of it and limits selling to the trade. She further advised the tenant was limited, by lease, to not only the square footage operated, but also the number of parking spaces used. There were a number of different restrictions and limitations. She mentioned that part of getting approved for this was the City component, but also the State comes and inspects the site for the same reasons the Board had concerns with. They make sure that this particular use was not going to infringe or encroach on anything around it and that it was the appropriate location for its use. The DMV had already approved the site. They felt very comfortable, based on the nature of the license request, that there would be no burden on the neighbors, and that it was an adequate facility to house the expected transactions. There was continued discussion on the nature of the use and the fact that there would be transactions taking place. There were also inquiries as to how the business would be advertised and whether local people would be hired. The Board turned to Attorney Weinger for an opinion on whether the way it was stated with the conditions was acceptable. She stated she felt the conditions imposed by staff would be consistent with the zoning plan. She did not feel anything would have to be changed. She agreed that the statutes and State law governs their business and therefore would be acceptable. Motion Ms. Grcevic moved to approve the request for use approval to add a wholesale motor vehicle dealer with no on -site sales for Lot 70 only. The motion was seconded by Mr. Miller and unanimously passed. 8. Adjournment Motion 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 7:27 p.m. ri -1 J,L: (_,a Ellie Caruso Recording Secretary 8