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Minutes 01-24-12 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JANUARY, 24 2012, AT 6:30 P.M. IN THE CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Mike Rumpf, Planning and Zoning Director Matthew Barnes, Vice Chair Stacey Weinger, Board Attorney James Brake Sharon Grcevic Brian Miller ABSENT: Cory Kravit Vince Piraino, Alternate 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:33 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. 3. Agenda Approval Motion Mr. Miller moved to approve the agenda as presented. Mr. Brake seconded the motion that unanimously passed. 4. Approval of Minutes from November 22, 2011 meeting Motion Vice Chair Barnes moved to approve the minutes. Ms. Grcevic seconded the motion that unanimously passed. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, reported there were no items on the last two City Commission agendas. He announced Mr. Kravit contacted him indicating he could not be present for the meeting. He also distributed the `Commissioners Journal" to the members. The publication was published and written by the American Planning Association, and it covered state and national topics. He pointed out information on Land Use Law. A copy of the Journal was not provided to the Secretary. Attorney Weinger administered the oath to all those intending to testify. 6. Old Business: A.1 Electric Vehicle (EV) Infrastructure (CDRV 12 -001) — Approve request to modify the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning) regulations for electric vehicle (EV) infrastructure; 2) create new definitions pertaining to electric vehicles and infrastructure and amend the existing definition of minor automobile repair to include batter exchanges for electric vehicles: and 3) create provisions for signs commonly associated with EV infrastructure. Applicant: City - initiated. Eric Johnson, Planner, explained staff had presented the proposed Ordinance at the November meeting and several issues arose. The Board tabled the item, and staff addressed the Board's questions and concerns in a memo contained in the meeting material. Mr. Johnson expressed staff felt the Ordinance was good for the City and the public. A slide show of signage associated with charging stations was viewed, and Mr. Johnson commented the signs would meet the Municipal Uniform Traffic Control Device (MUTCD) standards. Electric Vehicle signage from Delray Beach, installed by the City of Delray Beach, was reviewed, and it was noted the Level II Charging Station was protected by bollards. Level I charging could occur in any home garage. A Level III charge, known as a DC Fast Charge, was reviewed. Mr. Johnson pointed out staff removed language exempting them from site plan review when located within an existing parking space. The Board discussed, with regard to non - residential uses in allowable locations, any parking stall with EV charging was allowed to be used in the computation for meeting the minimum number of off- street parking spaces and staff removed the multi - family residential component. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 Mr. Johnson noted the omission of the letter "c" on page 9 of the memo would be inserted prior to presentation to the City Commission for approval. The major change was staff added the language ". . , its associated equipment and power cords cannot traverse sidewalks, accessible routes, or other pedestrian areas." Staff did not want to create impediments to pedestrians or those in wheelchairs. At the last meeting, there was a concern about EV charging stations in public rights -of- way, and more specifically, those proposed by vendors. Staff rewrote the language so that if a vendor proposed anything in the City, it would go through all the processes it needed to including permitting, agreements and contracts with the City, and ultimately the City Commission would be in charge and have the authority to approve the request. It would not be an arbitrary decision made by staff through a right -of -way permit. It would not be a long process, but it would be one identifying it was exactly what was wanted. The last page discussed signage and included examples of what the signs would look like. Staff recommended approval. Motion Chair Saberson moved to remove from the table. Ms. Grcevic seconded the motion that unanimously passed. There was brief discussion Delray Beach and West Palm Beach did not have ordinances pertaining to Electric Vehicle charging stations. Boynton Beach would be the first to have provisions in its Code for them. Motion Mr. Brake moved to approve. Mr. Miller seconded the motion that unanimously passed. 7. New Business: A.1 Colonial Gateway Veterinary Center (MSMP 12 -002) — Approve request for major site plan modification to construct a 5,950 square foot addition to an existing 1,400 square foot veterinary office building for a total of 7,350 square feet on a 0.44 acre parcel located at 2235 North Federal Highway in the C -2 (Neighborhood Commercial) zoning district. Ed Breese, Principal Planner, reviewed the request as noted above and pointed out the property was on the west side of the railroad tracks just south of Gateway Boulevard. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 The project was designed to wrap around the existing office and add a partial second story to the building. The first floor would address the day -to -day operations including examination rooms, pet boarding, administrative areas and would consist of about 4,500 square feet of enclosed space. A covered dog run was proposed to extend seven feet to the west, or rear of the building and partially around the south end of the building. The second floor was designed for training purposes and would only be used after business hours. The site was subject to the Urban Overlay regulations designed to entice commercial development in a manner consistent with the development patterns of mixed -use parcels. The required setbacks would create an urban feel, resulting in a front setback of five feet from NE 21st Avenue, a fifteen foot setback from residentially - zoned property to the west, and a 30 -foot rear setback from the residential property to the south. The building would have smooth stucco exterior walls and blue standing -seam metal awnings, both of which would be subtly colored and compatible with surrounding properties. Thirty-nine percent of the property would consist of landscaped and open spaces. A type -two buffer between 12 and 15 feet, including a six -foot masonry wall with trees planted every 20 to 30 feet on center contingent on the degree of compatibility, would be used. The property to the south was a Planned Unit Development residential project. The south buffer has an existing six -foot tall masonry wall along the boundary and a six -foot tall Silver Buttonwood hedge on the residential side of the wall. The landscape materials included Gumbo Limbo, Live Oak, and Clusea trees planted every 12 to 15 feet on center along the south perimeter, in order to provide a denser buffer above the height of the six -foot wall. The expanded building would be situated a minimum of 42 feet from the south property line and the pool equipment enclosure would encroach slightly into the landscape buffer. There was a dry retention area immediately south of the perimeter wall within the residential community, which put the closest residential structure about 60 feet from the wall, and about 100 feet between the expanded clinic and closest residence. The Code allows for a reduction in the buffer requirements for existing landscaping on the adjacent property or increased density and screening materials. The landscape plan had buffer trees closer than the required 20 to 30 feet and there was a six -foot hedge on the exterior of the wall on the residential side. There was a considerable building separation between the clinic and the closest residence, and a partial reduction in the buffer width for the mechanical equipment appeared justified. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 To the west was a multi - family, residentially -zoned property, used as the VFW meeting hall, which was a compatible use with the clinic. The landscape plan provided for 15 feet of building separation from the wall and the applicant would provide a six -foot masonry wall to match the one on the south perimeter. It would meet all the requirements of the type -two landscape buffer, with the exception of the hedge on the exterior of the wall. The applicant agreed, as a condition of approval, to plant buffer trees every 12 to 15 feet on center to match the south landscape buffer. Staff recommended approval of the landscape plan submitted by the applicant with that condition of approval. It was a better buffer than the Code required. For the Art in Public Places requirement, the applicant was considering using an artist to work with a decorative balcony railing fabricator. Staff reviewed the request for the Major Site Plan Modification and recommended approval with the conditions noted in Exhibit C. Mr. Miller inquired if any incineration would occur on site. Vice Chair Barnes noted the space on the southwest corner to accommodate the generator backup and pool equipment might be better on the southeast part of the site. He inquired how often the generator backup would be used and in what situations. He also inquired about walking and running dogs at night or in the early morning. Mr. Breese responded there was a large outdoor area behind the building that would be used to train the animals. It was one of the reasons the applicant tried to maximize the outdoor space. It had a six -foot buffer wall and trees densely planted to mitigate any sound. Jim Rogers, 8192 SE Cumberland Circle, Hobe Sound, Florida and Rob Martin, the owner of the practice, 8911 Rockridge Glen Cove, Boynton Beach, were present. Mr. Martin responded to the Vice Chair's comments regarding relocating the pool equipment due to noise and explained that a screening wall would need to be installed which would become an issue with parking space no. 15. The generator backup box was only for hurricanes and would probably be set on a schedule each quarter. When it was run, it would be limited by Code to certain hours of the day. The pool pump would also be on a schedule so it would not run continuously and it would be on only during office hours. The pool was an endless pool which simulates a beach entry that allowed dogs to walk into the pool and exercise. He also noted surrounding property owners may have their own pools, from which some noise would radiate. While there would be overnight stays, no animals would be in the yard outside of regular business hours which were approximately 8:00 - 8:30 a.m. to 5:30 — 6:00 p.m. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 Mr. Rogers commented staff would do all it could to mitigate noise. No incineration would occur on the property. They were in agreement with all the conditions of approval. Discussion followed the building was beautiful and great for the area. Dogs would be trained for rescue and other types of services and the upstairs of the facility would be used by trainers to train the animals after hours. In response to an inquiry from a Board member, Mr. Martin explained he has been in practice for 25 years, purchased a home in Boynton Beach in 2004, and bought this practice from Dr. Burton in 2008. Motion Mr. Miller moved to approve. Mr. Brake seconded the motion. Chair Saberson opened the public comments. Kirsi Proctor, 2202 NE 4th Street, residing just west of the Veterans Post, agreed the building was beautiful and the facility would improve the area. Her concern was that she was already hearing some dogs barking. She assumed with the newer building code, it would not be an issue and she clarified she only hears the dogs barking when she is by the pool. Mr. Martin noted the current building was very old. The windows were bad and were covered by metal. The new building should be exponentially more soundproof than what was currently there. They would do everything they could to mitigate the sound. Tony Mauro, 2611 Lake Drive North, and owner of property located at 558 Gateway, was in favor of the project. There was brief discussion if there was an issue with noise, residents could call the police. Chair Saberson requested the motion be revised to include the approval was subject to all recommended conditions of approval. Motion Mr. Miller amended his motion to approve subject to all conditions of approval. Mr. Brake agreed to the amendment and the motion unanimously passed. Mr. Rogers stated they would like to start within two weeks. 8. Other 6 Meeting Minutes Planning and Development Board Boynton Beach, FL 3anuary 24, 2012 None. 9. Comments by members Mr. Miller had questions for his own edification pertaining to new construction and South Federal Highway. He inquired about the lack of lighting on a half -mile stretch of the road. Mr. Breeze explained the roadway was a Department of Transportation right - of -way and they were responsible for lighting it. Once development occurred, lighting would likely be added and Mr. Breese agreed to speak with the City Engineer about it. Mr. Miller also asked about the status of the Cuthill's project. Mr. Breese responded it would be a restaurant /bar with food. 10. Adjournment There being no further business to discuss, Mr. Miller moved to adjourn. Mr. Brake seconded the motion that unanimously passed. The meeting was adjourned at 7:13 p.m. O ath llilkit 61 - 12 M - 1-- Catherine Cherry Recording Secretary 012612 7