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Minutes 07-23-13 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JULY 23, 2013, IN THE CHAMBERS, AT CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Mike Rumpf, Planning Director Sharon Grcevic, Vice Chair Stacey Weinger, Board Attorney James Brake David Katz Brian Miller Ryan Wheeler Shirley Cassa, Alternate ABSENT: Stephen Palermo, Alternate 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:33 p.m. Mr. Katz led the Pledge of Allegiance to the Flag. Shirley Cassa, Alternate, sat as a voting members due to a regular Board member vacancy. 2. Introduction of the Board Chair Saberson introduced the Board members who were present. 3. Agenda Approval Motion Mr. Katz moved to approve the agenda, but requested to ask Board Counsel a question regarding swearing in of applicants. Mr. Miller seconded the motion that unanimously passed. 4. Approval of Minutes from May 28, 2013 meeting Motion Mr. Katz moved to approve the minutes. Mr. Miller seconded the motion that unanimously passed. Meeting Minutes Planning and Development Board Boynton Beach, FL Ju 23, 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, advised the City- initiated Group 2 Land Development Regulations were approved on second reading. This included a variety of amendments ranging from use regulations involving governmental uses to wind - energy systems (windmills). Eric Johnson, Planner, distributed a report of Minor Site Plan Modification submittals that staff processed administratively. Mr. Brake inquired about the Smoke Inn hours. Mr. Rumpf explained Smoke Inn repainted their doors with the conditioned hours of operations; however, staff had not followed up if they were following those hours, although the hours were publicized. At Mr. Brake's request, Mr. Rumpf agreed to have staff follow up on the matter. Mr. Katz inquired when an applicant is sworn in and they are not forthcoming or do not tell the truth, whether there were any consequences. Attorney Weinger explained, generally they are taking an oath which could subject them to perjury charges if filed with the State Attorney's Office and they opt to prosecute. That was the only recourse she was aware of. Attorney Weinger administered an oath to all those intending to testify. 6. New Business A. Public Parking Lot (MSPM 13 -002) Approve Master Site Plan Modification to approve a public parking lot on a 0.65 acre parcel on 201 NE 1 St Street, in the R -3 (Multi - Family, Residential) District to support businesses and local establishment's efforts in the immediate vicinity. Applicant: Vivian Brooks, CRA Director. Mr. Johnson presented the Major Site Plan Modification request as noted above. The property has an underlying land use classification of High Density Residential and a zoning of R -3 Multi - Family Residential. The Land Development Regulations (LDR) consider a parking area that would be owned by the CRA, a permitted use in R -3 Zoning District. The land to the north is designated Local Retail Commercial LRC and zoned C -3, Community Commercial. To the northeast is an unimproved alley and further north is developed commercial property designated LRC and zoned C -3. To the south is right - of -way for NE 1S Avenue, and further south is a developed Multi - Family Residential development designated High Density Residential (HDR) and zoned R -3. To the east is right -of -way for NE 2nd Street, although it is being used as part of a parking lot for the 2 Meeting Minutes Planning and Development Board Boynton Beach, FL July 23, 201 Multi - Family Residential development, and that has a land use designation also zoned R -3. The area to the west is right -of -way for NE 1 st Street and further west is City Hall with a land use designation of Public and Private, Governmental Institutional (PPGI) zoned for Public Usage (PU). The site is in the Ocean Avenue Overlay District and the Ocean District Community Redevelopment area. The eastern -most parcel was once home to the historic Ruth Jones Cottage which was moved and is used as a restaurant. The proposed project for the site is 58 public parking spaces. Mr. Johnson identified two points of ingress /egress on the site plan at NE 1st Street and NE 1st Avenue. As to concurrency, this project had no structures proposed and a traffic concurrency or school concurrency study was not required. Potable water and sanitary sewer other than for irrigation is not needed and Police and Fire have sufficient staffing levels. Drainage would be reviewed at the time of permitting. The applicant submitted conceptual drawings that meet the required standards. Two parking spaces would be electric vehicle charging stations. As to landscaping, there will be ample trees and shrubs. The pervious area would be 25% of the site. There are certain components of the landscape plan that are deficient according to the LDR, which was Chapter 4, Article 2, Section 4.13.2 Landscape Strip Abutting the Rights -of Way. In certain areas along the landscape strip on NE 1 st Avenue, the tree spacing is wider than the minimum 25 feet. Chapter 4, Article 2, Section 4.13.3, regarding perimeter landscape buffer would have sections that are less than the minimum five -feet required and the plan lacked plant material within a small portion along the north landscape buffer to accommodate the required pavement for the vehicular turn - around area of the lot to the north. There are two commercial properties to the north, so the focus of the project was to maximize the number of parking spaces while considering the protection of less intensive uses. In this instance, it was multi - family residential properties to the east and south. Mr. Johnson read the following into the record: "All properties have limits with respect to size and shape and the subject site is no exception. For this property, the goal of the Boynton Beach CRA is to design a site with a maximum number of parking spaces possible. The Land Development Regulations will ensure that the site design would meet minimum standards; principally in this case, to have the space needed to accommodate the safe and efficient movement of vehicles. As designed, the project would exceed landscaping that exceeds the minimum required by Code. However, it is important to note that the off - site improvements, particularly the landscaping proposed along the north property line, help the project to meet its parking objective and the intent of the Code, without jeopardizing the integrity of the landscape strips along the east and south property lines where adjacent to residential properties. Typically, a higher degree of protection is placed on those property lines of commercial industrial uses where adjacent or abutting less intensive land uses such as residential zoning districts." 3 Meeting Minutes Planning and Development Board Boynton Beach, The LDR has provisions for an alternate landscape plan and the applicant decided to submit an alternate plan. Where there are deficiencies, the applicant increased or enhanced certain other components of the landscape plan to meet the general intent of the Code. The property to the northwest is owned by Gloria Weiss Realty, which was once an unimproved alley, a portion of which was abandoned in 1988. That is why there is a wall at the north property line of the subject property. There is only a two -foot wide landscape buffer between the project property and the property to the north. The effect for buffering is mitigated by use of the existing wall, which no one wants to remove, and the diamond - shaped areas in the parking lot which would accommodate Christmas Palm trees. Staff feels the proposed Palm tree and the wall gives the same buffering effect that would be needed for a five -foot wide landscape buffer. The tree spacing on the shade trees on the northeast portion of the buffer is greater than what is required. The west landscape strip, adjacent to NE 1 St Street, would be seven -feet wide, would have Silver Buttonwood trees spaced 15 -feet apart, which exceeds the minimum. The south landscape along NE 1 St Avenue would contain Live Oak and Orange Geiger trees, the east landscape strip along NE 2 " Street would be seven feet wide and have Live Oak trees spaced 20 -feet apart. The applicant has doubled the minimum required interior landscaped area. Since there are no buildings on the site, there were no setbacks, building height, or designs to review. It was a parking lot to be used by the public. At the time of permitting, the applicant will be required to finalize their photometric plan. The Code restricts site lighting to 5.99 foot candles, but they would exceed it in certain areas. The brightest one would be 6.9 foot candles, which is permissible if staff deems it is done for safety and for Crime Prevention through Environmental Design (CPTED) reasons. There would be signs posted at both entrances of the parking lot. The meeting materials contained information on the landscaping and details for the off -site area on Dewey Lane, which was not part of the project, although the plans included it. That was something that would be reviewed internally as part of the Land Development permit. In response to a question of whether the off -site parking would connect to Boynton Beach Boulevard and whether there was sufficient right -of -way for a sidewalk going north, Mr. Johnson referred the question to the applicant and explained the request was for a parking lot. Staff was recommending approval of the site plan contingent on meeting all of staff's recommendations and conditions. A question was posed about the cost to create a Level II electric vehicle charging station, and it was learned it would be about $2,000. Of the 58 parking spaces to be created, the Land Development Regulations required two of them to be handicapped parking and a suggestion was made to add two or three additional parking spaces as it was thought there were more disabled individuals than those having electric vehicles. Mr. Johnson commented that could be a recommendation. A comment was made regarding lighting in relation to trees. Trees often grow and obstruct the lighting, as has occurred at City Hall and a suggestion was made to ensure 4 Meeting Minutes Planning and Development Board Boynton Beach, FL July 23, 2013 the lights not be near the trees or the trees would have to be cut every three or four months. Mr. Johnson explained that is a standard staff regularly reviews to ensure site lighting is not mingled with canopy trees. As to site lighting spilling onto Millicent Condominiums, Mr. Johnson responded under the proposed photometric plan there would be no spillage and generally there is no spillage onto adjacent sites because it would be in conflict with the Code. A concern was raised about the plantings on the landscape plan right -of -way being maintained and using plants that would grow and obstruct sight lines or that someone could hide behind. Mr. Johnson explained engineering staff reviews for visibility and safe sight lines. Police staff also reviewed the plans and allowed the higher foot candles. As to how environmentally friendly the plants would be, the City Forester reviewed the plans and the landscaping material would have low or medium watering needs. The Code does not allow plants needing a lot of water. The site plan, as proposed, balances many different disciplines, including safety and aesthetics. A question was posed whether there could be security cameras from the police and/or fire station to focus on that area. Mr. Johnson pointed out there is an extra cost involved to the applicant, but if there are electrical lines nearby, cameras can be installed. A inquiry was made what was occurring in the area that predicated the creation of a 58- car parking lot that cost taxpayers a million dollars. Mr. Johnson explained the CRA was requesting the site be converted. Staff only reviews the request against the development standards. Mr. Johnson was asked whether NE 2 nd Street continues to Ocean Avenue or if it stopped. The alleyway (also known as Dewey Lane) and rights - of -way are technically streets and roads although they are unimproved. Mike Simon, Development Director, Boynton Beach CRA, introduced the engineering firm of Kimley Horn and Jason Weber, the Civil Engineer, and Jonathan Hay, the Landscape Architect. Mr. Simon explained on some level, it appears not much was occurring in the area. From a redevelopment standpoint, the Downtown Master and Ocean Avenue District and Town Square Plans, there is much activity on the horizon and the development of a parking lot was to accommodate the likelihood of that development. It was also the CRA's experience there is a vested interest in land ownership in the area. The Old High School did not include deeded parking. There has been discussion with developers interested in the site that parking would have to be resolved and the City has taken a position to assist in that way through various adjustments to the property around it. There is a shortage of parking to accommodate a 30,000 square foot facility regardless of its use. The parking lot would serve the area encompassing Boynton Beach Boulevard to Seacrest Boulevard and Ocean Avenue down to 1 st. The Agency spent $300,000 to develop and build the amphitheater. The CRA is in charge of special events in its District and it uses the parking on the corner next to the Schoolhouse Children's Museum twice a month from January to May. They just initiated a new two -day annual signature event, the Pirates Fest in Boynton Beach, and 5 Meeting Minutes Planning and Development Board Boyn I 1 they hoped to increase the area's activities and uses. The current parking that exists at City Hall and the small site occupied by the Police Department on the corner of 1 St and Ocean are not adequate for those types of events. If one blocked off the area to the east of the amphitheater, one lost all of the parking to vendors and event functions so the current lot, which is vacant, gets the overflow. The lot is sand and Bahia grass which is not adequate or safe, or the type of parking one would want to accommodate individuals who come to see the event. CRA staff and the City recognized there is a need for additional parking. The future Town Square and City Hall planning completely reconfigures the site and the parking lot was a precursor to that development. It was a surface lot that was not designed to be permanent. It was a stop gap measure to service the current parking needs. Mr. Simon distributed photographs of parking that occurred on the lot to accommodate overflow parking from Weiss Funeral Home. He pointed out the development would not affect Weiss Funeral Home and the chiropractor who abuts the property to the north in any negative way. He felt it would be a visual improvement. On the north property line, there is a buffer behind the buildings to traffic on 1 St Avenue and 1S Street and around the area. The CRA owns 211 East Ocean Avenue and the property at 209 East Ocean Avenue is vacant. The CRA has owned the building for some time and there had been many discussions as to its use. Several Requests for Proposals (RFPs) were issued, and a consistent obstacle for investors was parking to accommodate their guests. The CRA also recognized the alleyway that runs on the east side of 211 East Ocean Avenue, known as a pedestrian sidewalk connector, would bring visitors who park in the lot to Ocean Avenue, the railway or Little House. Presently, the connector is not well maintained and the CRA feels this project would be a visual and landscape improvement. It is clearly travelled by the residents in the area. The Agency did not consider a sidewalk because, there was a portion of the right -of -way which appears to continue straight through as a road and there are ownership issues with the right -of- way. It was hoped the sidewalk or route would be inviting and one could exit from the parking lot and walk north, south, east or west in an easy manner. Mr. Simon explained a new sidewalk would be added on the east side of the parking lot and the parking lot would be visible from the connector sidewalk from Ocean Avenue. Bollards would lead the eye at night. An art pad is situated on Ocean and the plan was the walkway would easily be visible from Ocean Avenue to the parking lot and vice versa. The sidewalk that currently exists on the west side of the parking lot is not continuous, and it runs into an Australian Pine scrub barrier, prohibiting one from continuing from 1 St to Boynton Beach Boulevard. That landscape barrier would be removed and the sidewalk would continue to Weiss Funeral Home. Due to their parking accommodations, the sidewalk would not continue in one line and the CRA's goal was to create new sidewalks for future connectors to the properties to the north, northeast and south. Mr. Simon, in reference to the photometric plan, showed safety was paramount and 6 Meeting Minutes Planning and Development Board Boynton Beach, FL July 23, 1 wanted as much CPTED as possible to keep visitors safe when loading and unloading cars and strollers. Mr. Simon would like to use every foot - candle possible to ensure safety and one pole would have 6.9 foot - candle in the center of the lot. In the course of one or two parking spaces, the foot candle would return to 5.99. The Police Department concurred with the plan. It was noted part of the space for the walkway is used by one of the buildings behind the structure on 211 East Ocean. Mr. Simon explained that issue was discussed at the pre - application meeting. They accommodated an additional width so the vehicle can continue to pull alongside with safety barriers for pedestrians. The opening on the north, at 1st, is wide enough to accommodate the proposed sidewalk and the vehicle. The CRA will accept the maintenance and improvements made to the right -of -way and accept the permitted use for a shared -use agreement as required by the City for improvements made to the alleyway. They will maintain the parking lot and rights -of- way at the CRA's expense. Per the City Public Works Director, the two electric vehicle charging stations next to the amphitheater do not get much use. A question was posed if, as a condition of approval, the applicant would be amenable to installing five handicap spots above and beyond what is required by Code. Mr. Simon explained if that was a condition of approval, he would have to approach the CRA Board for their determination as he was not authorized to make that decision. Mr. Simon also noted if they lose the two electric vehicle stations, they could accommodate two more handicapped parking spaces in its place. It was suggested the electric vehicle stations remain, just to add two more handicap parking spaces and this was requested to be a condition of approval. Mr. Simon understood if the Planning and Development Board would prefer to move the electric vehicle stations or eliminate them for the use of handicap spaces, it was a fine suggestion. The "greening" of them and the electric vehicle stations are not necessarily required by Code, it was something the CRA wanted to initiate. Mr. Simon thought the request could be accommodated. It was also noted the Board anticipated future growth, and it was smart to plan the infrastructure and add -ons otherwise it is harder to accommodate after. Many cities do have the outlets for the electric vehicles and the Board wanted to ensure the public knew about them, because more individuals were purchasing electric vehicles. They could go to the amphitheater and park. It could attract people that may otherwise not come and it was good to have. Mr. Simon explained those could be added later if the Board did not feel the need for them now. Delray Beach added some to a lot in Banker's Row and made them exclusive to electric vehicle charging stations, but no one uses them. Mr. Simon thought it would be smart to have either /or, and it was a reasonable request to have additional handicap parking in place of electric vehicle charging stations and he would support the request. It was reiterated the request was not to eliminate the electric vehicle spots as it was unknown how many individuals within 20 miles of the City own electric vehicles. Mr. Simon understood the request was converting the electric vehicle stalls to handicap spaces. 7 Meeting Minutes Planning and Development Board Boynton Beach, I 1 It was reiterated adequate or easily accessible parking, on site, was brought up as a concern with every entity that viewed the property. It was not solely for 211 East Ocean Avenue. It was his professional opinion there was clearly a need for additional parking. It was also identified in the downtown parking study as was the area behind Ace Hardware and some other locations. As to whether there were any potential buyers or uses for 211 East Ocean Avenue, Mr. Simon explained there were two respondents to the RFP and the Board did not feel either was a viable use. It was too early for a restaurant, but for what was proposed in the Town Square Plan and the Arches site, which was under contract, staff was optimistic they were on the cusp of a major transformation for the corridor from Federal Highway to Seacrest Boulevard. Mr. Simon reiterated he foresaw the parking lot would be used to accommodate CRA event goers. The Agency holds 15 to 20 events per year. It could accommodate commercial uses to the north and 211 and 209 East Ocean, if they were consolidated for a larger use. It could accommodate the multi - family uses that exist on Ocean Avenue and Boynton Beach Boulevard. When queried if police vehicles should be moved to the new lot to allow for parking by the Children's Schoolhouse Museum playground, Mr. Simon explained he was not an advocate to support police vehicles parking on Main Street. That issue was raised at many staff meetings and any such directive would have to come from the City Commission. The lot is intended to be a public parking lot. They do not want overnight parking or individuals working on vans or leaving trailers on the site. The Police have more than adequate parking in the parking garage. A question was also posed if there would be curbing that would be installed by the residences on the south side of NE 1 St Avenue as there was grass right up to the road. Mr. Simon explained they were not improving the south side, only the south side of the CRA's property. It was understood the City was trying to be a "Green" City and a question was posed whether any thought was given to having a pervious surface area and using concrete as opposed to asphalt to help with the lighting. Mr. Simon explained they did not want to make the lot a full - fledged parking lot at this point. Mr. Simon explained in the future, if there is a redevelopment project there, the parking lot could become part of a bigger project. A question was posed whether a custom or standard pole from FPL would be used and Jason Lambert, Kimley Horn, explained they proposed the more decorative light fixture for the area. It was noted there was a large cost issue. Mr. Lambert commented they did not look at the FPL standard pole, but they could do so. The intent of the design was to be consistent with the decorative lights used in the Ocean District. A similar issue was faced with the Little House in trying to balance cost with aesthetics. In this case, given its location, it was worth a slightly higher cost and it would give the 8 Meeting Minutes Planning and Development Board Boynton Beach, FL Ju 23, area a more neighborly feel. A question was asked when the CRA thought they would need a parking structure. Mr. Simon explained without a long -term plan for City Hall and the Old High School, it would be realistic to think the site would carry future redevelopment beyond a surface parking lot. They are viewing it as an evolving property rather than spending a lot of money to have a permanent use there. It was unknown when or if the property may be acquired down the road. It was a safe use in the short term for potential long -term changes. The parking would alleviate parking on the main street. Chair Saberson opened the public hearing to the public: Kathleen Morakis, 425 Martin Avenue, Greenacres, owner of Unit 203 at 205 NE 3rd and Millicent, was concerned about losing three parking spots on the east corner that was referred as the right -of -way. Currently, a dumpster is in the right -of -way, and if moved to the back, the condominium would lose three spots and individuals will be up against the dumpster. Mr. Simon explained the dumpster was difficult for them to address because the dumpster is owned by the City and leased by the condominium. The CRA did not intend to build an enclosure on public property for a private facility. Their frustration may be more with the City than the lot in the sense of allowing it to be there for some time without foreseeing a different use for the property. He acknowledged there may be guest spots that may be affected, but he considered the public parking lot as a lot condominium guests could utilize. He did not consider it a long -term parking lot to offset parking needs for any particular use. He did not have authority over the dumpster and its location and pointed out the dumpster was located on their property and not the right - of -way. Elizabeth Rosa, owner of Unit 207, at 305 NE 3 rd Street (Millicent), commented the condominium has 20 units and each unit, regardless of whether the unit is a two bedroom or not, has one parking spot. There would be no overnight parking. She drove by and saw nine police cars parked in the parking lot by the playground and would welcome the police cars using the new lot as it would bring security to the area. She hoped the landscape would be more green because they would be taking away green. The other parking by the playground has horrible landscaping. She suggested improving the landscaping at both locations. She thought the Little House looked awesome and it was important to do things well. Details such as lighting and landscaping make a difference. Gloria Weiss, 10591 Bexley Boulevard, Boca Raton, and owner of Weiss Memorial Chapel at 202 E. Boynton Beach Boulevard, adjacent to the parking lot, was sworn in. She thought it would be very nice to make it convenient for individuals to come to Boynton Beach. She agreed the photographs distributed earlier by Mr. Simon were of a large funeral party at the location earlier in the day. She commented this did not occur 9 Meeting is Planning Development oar Boynton Beach, FL July 23, 2013 often and they normally can accommodate their funeral parties and nothing occurs there at night or for more than an hour at a time. She welcomed public parking and commented if there is no parking, no one can do adequate business. Motion Mr. Katz moved to approve a Master Site Plan Modification (13 -002) to construct a public parking lot on a 0.65 acre parcel located at 201 NE 1 St Street, in the Multi - Family, Residential (R -3) Zoning District to support businesses and redevelopment efforts in the immediate vicinity with an additional condition of approval being the addition of two additional handicap spots to the three that are already required by Code. Mr. Miller seconded the motion. Chair Saberson inquired if the motion also included all staff conditions of approval. Mr. Katz confirmed it did and Mr. Miller agreed with the additional language. Ms. Cassa inquired if it also included a condition for no overnight parking. Mr. Rumpf believed it did, but the Board could add as a condition of approval it be considered as well. Mr. Katz agreed to make consideration of the additional language to the motion. Mr. Miller agreed with the amendment. Ms. Rosa explained her concern was the condominium would lose their two guest spots to accommodate the dumpster, and there would be an issue. There would be one or two cars parking there overnight. It was noted the condominium rules only allow for one vehicle; however, the condominium was not at full capacity due to foreclosures. She foresaw this being an issue in the future. It was suggested this be brought up to the City Commission as it is not related to their site. It was the City's dumpster and the City had options. Vote The motion unanimously passed. 7. Other None. 8. Comments by members Mr. Miller inquired if staff had any comments to make about the handout distributed 10 Meeting Minutes Planning and Development Board Boyn I earlier in the meeting reflecting the Minor Site Plan Modifications which were submitted from March to June 2013. Mr. Rumpf explained the Aspen Glen project was moving forward. It was approved before the economy plummeted. Mr. Wheeler explained his firm was doing the survey and platting for the project and inquired if he needed to abstain from voting. Attorney Weinger responded he should; however, Mr. Rumpf explained they already received their approvals for the project and it would not come before the Board unless there was a major modification to the approval. The permit was already issued and they were under construction. A question was posed about the parking modification at Casa Costa. Mr. Rumpf explained an issue was realized after it was finalized and staff was modifying some access areas. Ideally, when an individual parked, they could walk directly to the establishment. 9. Adjournment Motion There being no further business to come before the Board, Mr. Katz moved to adjourn. Mr. Brake seconded the motion that unanimously passed. The meeting was adjourned at 7 p.m. a Recording Secretary 930725 11