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Minutes 08-27-13MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, AUGUST 27, 2013, AT 6:30 P.M., IN THE CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Ryan Wheeler, Vice -Chair Sharon Grecevic James Brake David Katz Brian Miller Ed Breese, Principal Planner Eric Johnson, Planner Stacey Weinger, Assistant City Attorney ABSENT: Stephen Palermo Shirley Cassa (Alternate) 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:33 p.m. and led the Pledge of Allegiance to the Flag. 2. Introduction of Board Chair Saberson introduced all board members who were present. 3. Agenda Approval Motion Mr Brake moved to approve the agenda and Mr. Katz seconded the motion. Vote The motion was passed unanimously 4. Minutes Approval of the July 23, 2013 Meeting Motion Mr. Katz moved to approve the minutes with discussion Mr. Brake seconded with discussion. 1 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 27, 2013 Mr. Katz stated that when he received a copy of the minutes from the last meeting, he called the City Clerk's office and mentioned that a question was asked and what the response was. It did not say who asked the question, what the question was or who gave the response. He wanted to have the minutes approved with those corrections and asked that the City Clerk's office go over their tape again and indicate who asked what questions and who gave the responses. There were some very important questions asked in relation to the site plan that the CRA (Community Redevelopment Agency) asked about the parking lot. Mr. Brake asked if Mr. Katz wanted verification on who asked the question and who gave the answer. Mr Katz agreed that the minutes should reflect who asked a question and who gave the answer. Chair Saberson asked if the seconder of the motion agreed. Mr. Brake said that he also noticed that there have been similar issues in the past. The question is sometimes not stated in its entirety, who asked the question or even what the answer was. The answer is very pertinent because this Board, as well as the Commissioners need to know the answer. Chair Saberson responded and asked Mr. Katz if he was asking for verbatim. Mr. Katz replied that it was not done in verbatim in the past and it was fine. Mr. Katz stated that he was not asking for verbatim Motion Mr. Katz moved to approve the minutes with those corrections and was seconded by Mr. Brake. Vote The motion was passed unanimously. 5. Communication and Announcements: Reports from the Staff Ed Breese, Principal Planner, said the first item on the agenda was about the Commission approval of the CRA site plan from the last meeting. The two highlighted items on the agenda have been postponed and will be discussed at the next meeting. K MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 27, 2013 Mr. Breese had no further communications or announcements to the Board. Chair Saberson asked those testifying to rise and be sworn in. Assistant City Attorney Stacey Weinger, administered the oath. 6. New Business A. Lil' Footprint Academy (COUS 13 -001) — Approve Conditional Use request for a daycare operation within the school building at Seventh Day Adventist Church, on a 1.15 -acre site, located at 138 E 27 Avenue, in the R1AA (Single Family Residential) zoning district. Applicant: Michael J. McClendon Mr. Breese began his presentation by stating that Michael J. McClendon, (applicant), was seeking conditional approval for a daycare operation within an existing 3,061 square foot church school building for up to 80 children, ages 2 -5, at the Seventh Day Adventist Church located at 138 SE 27 Avenue. The building was last operated as the Gold Coast Junior Academy for grades K -8 and is part of the church campus. It includes the church building, the Sabbath School building, the fellowship hall, and the building being discussed in this application is the church school building. The proposed addition of the daycare use should not impact the onsite traffic. The operator envisions hours of operation between 6 :00 a.m. and 6:00 p.m., Monday through Friday, which will not impact peak church use of the parking lot. The Health Department requires parents to park and walk their children in and out of the building. They must sign them in and out so there is no stacking of vehicles associated with the pick -up or drop -off. The minimum parking requirements for a daycare use is calculated at one parking space per 300 square feet of gross building area, which in this case equates to 11 parking spaces, 48 more than what is required by Code. The existing landscaping appears to be in good condition. If there are any gaps in the landscaping around the parking lot, the Coco Plum hedge should continue along the south and the east to buffer the outdoor play area from nearby residents. The building where the daycare is proposed meets or exceeds all the setback requirements of the R- 1-AA zoning district. The front or the north side needs to be a 25 foot setback which they are providing. The south also requires a 25 foot setback and the setback there is 198 feet to their south property line. The west requires a 25 foot setback. It is 227 feet to the side property line with the intervening church buildings in between. The property line to the east requires a 10 foot setback and there is 44 feet provided. The applicant intends to locate the playground equipment immediately south of the building, rather than spreading the equipment down where it would impact more residents. 3 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 27, 2013 The daycare use is generally compatible with surrounding residential properties as one typically located at church locations which is patronized by church membership as well as neighborhood residents. The building itself was previously utilized for a K -8 school. With the large setbacks that were noted earlier and the appropriate buffering that has been suggested, staff does not anticipate any impacts. Based on the daycare's compliance with the development regulations and the conditional use standards, staff recommended approval of the request subject to satisfying all the previously mentioned conditions. Michael J. McClendon, the applicant for the Lil' Footprint, of 7228 Chesapeake Circle, Boynton Beach, FL. was present for any questions Mr. Brake asked Mr. McClendon where he envisioned the pick -up and drop -off of children would be. Mr. McClendon indicated on the map that the pick -up and drop -off would be to the south of the building between the fellowship hall and the daycare center where there is a sidewalk that leads directly to the school. Mr. Brake also wanted to clarify that it would not be on SE 27 Avenue to which Mr. McClendon responded that it would not. This would be part of the requirement and would also be included in the information to the parents letting them know that they cannot drop off children in the parking lot. Mr. Katz wanted to know if there were going to be any major renovations inside the building and Mr. McClendon replied that the Health Department does not require them to do any renovations at all. Mr. Miller asked if there will be adequate handicap parking and Mr. McClendon said there would. Chair Saberson asked the applicant if he had anything further to add to which he responded no; however, they look forward to the opportunity to serve the community and to employ within the Boynton Beach area. Chair Saberson announced the public hearing, however, there were no comments from the public on this item. Motion Mr. Miller moved to approve this request subject to satisfying all conditions mentioned by staff. Mr. Brake seconded the motion. 4 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 27, 2013 Vote Motion carried unanimously. B. Compson Place @ Renaissance Commons (ABAN 13 -003) — Approve Abandonment request for portions of a 12 foot -wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. (To be postponed to the September 24 meeting due to applicant's lack of mailing required public notification) Mr. Breese requested this item be tabled due to lack of advertisement on the part of the applicant and that it be postponed to a date certain, September 24 which would be the next Planning and Development meeting and then followed on to the October 1St and October 15 Commission meetings. Motion Mr Brake motioned to table until September 24 and it was seconded by Mr. Katz. Vote The motion was passed unanimously. C. Cross Creek Centre (MPMD 13- 0011COUS 13 -002) — Approve request for Master Plan Modification approval to construct a freestanding restaurant (2,024 square feet) and related site improvements; adjust the parking layout; update the facades of the existing buildings; and enhance perimeter landscaping, and Conditional Use approval for a drive - through facility in conjunction with the proposed restaurant, located at 1301 West Boynton Beach Boulevard, in the PCD (Planned Commercial Development) zoning district. Applicant: Michael Janoura of Cross Creek Boynton, LLC. (To be postponed to the September 24 meeting due to applicant's lack of mailing required public notification) Mr Breese asked for the same type of motion as for Compson Place and to be heard at the next meeting which is September 24 and moved on to the October 15 City Commission meeting. Motion Mr. Brake motioned to table until September 24 and was seconded by Mr. Katz. 5 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 27, 2013 Vote The motion carried unanimously. D. Beverage and Food Manufacturing (CDRV 13 -003) — Approve amendments to the Land Development Regulations (LDR) modifying gross floor area regulations, parking requirements, food preparation and entertainment associated with accessory tasting rooms. Applicant: City initiated Eric Johnson, Planner, spoke about some craft beer microbrewers who wanted to relocate their business to the City, but zoning codes prevented them from relocating mainly because of the prohibition against brewing and distilling. It is apparent that this is an emerging industry. Many of our neighboring cities do not allow beverage manufacturing and staff decided to re- evaluate the prohibition against brewing and distilling. The microbrewers indicated that there were three necessary components. 1) beer production, 2) beer distribution and 3) onsite consumption of the beer that they manufacture. There were concerns that these types of establishments could evolve into a bar or a nightclub. Of concern was also where they would be allowed. After careful consideration, and pursuant to Ordinance 11 -020, the use was approved by the City Commission Provisions were created for beverage manufacturing to allow them in the C -4 zoning district (General Commercial district) as well as the M -1 district (Light Industrial district). Each district regulates these types of establishments differently. In the C -4 district, if proposed on a site that fronts on an arterial roadway, the establishment would be required to have an accessory commercial component, which is a tasting -room or a retail show room. There was also discussion about what constitutes a tasting room. Patrons can come to the site and sample the beer that is manufactured onsite. In the M -1 district, the accessory commercial component is required if located on an arterial or collector roadway; however, if the site is not located on an arterial or collector roadway, then the commercial component is optional. The microbrewery currently in place in the Industrial zoning district is doing quite well and looking to expand their tasting room. Many of the industrial properties have been developed in the past with light parking. Manufacturing uses require much more intense parking than is required, 1 -100 or based on the number of seats. The proposal is for the tasting room to be changed. In all districts, mainly in the C -4 and M -1, the tasting room would never become equal to or greater than the size of the principle use which is beverage manufacturing. There is still the concern of people coming to these establishments by requiring more stringent parking requirements than 1 -500. A tasting room would have the same parking required for that of the principle use which is beverage manufacturing The floor area is still 1 -500, however, if the tasting room would be larger than 20 %, then parking would be required at 1 -300. Each site would MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 27, 2013 have to be evaluated on a site - per -site basis, (case -by -case basis). Beverage and food manufacturing should be consistent with each other and not just for beverage manufacturing. Staff is recommending approval of the proposed language. There is a typo in the latter part of the chart. It is a scrivener's error that needs to be changed before it gets to Ordinance. Chair Saberson asked if there were any questions and Mr. Katz asked how the parking situation will be handled on a Friday night. Mr. Johnson replied that patrons would be at the site after business hours, 4 -5pm. There may be some parking spaces that are occupied by other vehicles such as products and outside storage. If Due South wants to formally expand their area, staff is going to review whatever plans they submit. It would start as a building permit, and then be reviewed by staff. It would then have to go to Planning and Zoning where the floor plans would be reviewed for any minor site plan modifications. Mr Brake asked if they are not discussing Due South, but the Ordinance. It is the only example of the Ordinance that exists in the City limits. Mr. Johnson stated this was true. Mr. Wheeler interjected that this discussion in essence is talking about them doing modifications. Mr. Brake asked what was the square footage of the tasting room at Due South and Mr. Johnson did not have this information. Chair Saberson asked Mr. Johnson about the footnote that said plus one space for 300 square feet for that portion of the accessory tasting room and exceeds 20% of the gross floor area and questioned why it was not for the whole tasting area. Mr. Johnson explained that in an effort to promote economic development and be business friendly, it was felt that the first 20 %, a standard that is usually used throughout the Code to define accessory uses, would still remain at the 1 -500. 20% is the threshold. If a manufacturing type of business wanted to come in and have some office space, it would be 20% or less than the entire gross floor area. Chair Saberson asked if the parking required for the accessory commercial use would have to have the normal requirements for that type of use. Mr. Johnson replied that parking requirements are based on best practices. The standard that is used for manufacturing uses is 1 -500. If there is an accessory office connected with the principle use, they should not be penalized for having that office person come to the site. The parking requirements are based on best practices. The standard that is used for manufacturing uses is 1 -500. If there is an accessory office connected with the principle use, they should not be penalized for having that office person come to the site. The 7 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 27, 2013 entire gross floor area at 1 -500 is included. Instead of calculating 1 -500 for "x" amount of space, 1 -300 for another amount of space, it is simpler to use 1 -500 for manufacturing uses. If it goes beyond the 20% threshold, a higher degree of parking may be required. Mr. Brake commented that as it applies to this case, it actually works well for the parking. It is a good question because this deals with the Ordinance. Perhaps this is something that can be discussed Mr. Brake also wanted to address what was said earlier about the square footage of the tasting room. The way this business is actually laid out, it is not clear if they are applying what their tasting room and their square footage actually is or what was intended on how to use their square footage in the tasting room Some of the space is distribution space and is overflow space for people who are there Friday or Saturday nights. There are two beer tasting areas setup; one inside the tasting room, which is air conditioned, and the other a beer /bar sort of set up in the distribution area. Mr. Brake expressed concern about the amount of floor space that is being used currently and whether it is being used as intended. He questioned if something changed because it did not work, or if it changed for the market. Perhaps the rules need to be loosened. Mr. Johnson commented that in order to foster growth in a business, the staff understands this Code is actually a living Code that will change when the times change. Obviously, all properties must be safe, specifically the inside space, and meet fire safety, and other regulations from a Code perspective. With respect to the tasting room, one would hope that they would itemize and indicate on a site plan, but that is from a Land Development Regulation viewpoint. The Florida Building Code has to be considered when there is this type of occupancy. In a place of assembly, there is a certain amount of bathrooms that must be provided Eventually, they will have to address these types of issues if they are in violation of the current language as well as the proposed language. Mr. Wheeler commented that if the Code is good, and it is a true brewery, the size of equipment they have takes up a lot of room. It limits them to be a true brewer with the 50% because the larger they get; they would have to have more equipment. Mr. Johnson responded that with these manufacturing uses, there is large expansive space that is being occupied by equipment, but not necessarily by people. This is why there is the 1 -500 or the less stringent parking requirement than you would have with a restaurant which is 1 -100. There needs to be a balance between what is safe and acceptable and if it meets the City's standards, as well as foster economic development. Mr Johnson received a phone call from another city that asked how Boynton Beach allowed for beverage manufacturing. He was glad to tell them Boynton Beach offers something that other communities do not have the provisions for and we are proud of that. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 27, 2013 Chair Saberson asked if the board or any member of the public had any questions on this issue and there were none. Motion Mr Wheeler made a motion for the amendment to the Code to go to the City Commission. Ms. Grcevic seconded the motion. Vote The motion was passed unanimously. 7. Other There was no other business to discuss 8. Comments by Members Mr. Miller wanted to thank staff for putting together the minor site plan modification submittals which finally are up -to -date. Ms. Grcevic wanted to add that in regards to the electric car stations, there are numerous sites that help locate them. There are 5,358 stations listed in the U.S., not counting Hawaii which has 140 and Alaska has two. This information can be downloaded for (Phones or Androids. There are six in Delray, seven in Fort Lauderdale, four in Hollywood, three in the Miami area, two in Weston, 156 in the Orlando, area but none in Boynton Beach. 9. Adjournment There being no further business to come before the board, the motion was made by Mr. Katz and seconded by Mr. Miller to adjourn. The meeting ended at 7:34 p.m. j ce ora es ords Coordinator Clerk's Office 8/28/13 3 hours 9