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Minutes 08-26-14 TUTS OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 26, 2014, AT 6:30 P. PRESENT: Roger Saberson, Chair Mike Rumpf, Planning Director Ryan Wheeler, Vice Chair Amanda B. Parker, Planner Sharon Grcevic Stacey Weinger, Assistant City Attorney David Katz Aieshia Macon, Alternate SENT: James Brake Brian Miller Gregory Murphy Stephen Palermo, Alternate Chair Saberson called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance The members recited the Pledge to the Flag led by Mr. Katz. 2. Introduction of the Board Chair Saberson introduced the members of the Board. He acknowledged Aieshia Macon, Board Alternate, who would sit on the dais. 3. Agenda Approval Motion Mr. Katz moved to approve the agenda. Vice Chair Wheeler seconded the motion that unanimously passed. 4. Approval of Minutes from July 22, 2014 meeting Mr. Katz noted the minutes did not contain the time the meeting was adjourned. Motion Mr. Katz moved to approve the minutes as amended. Vice Chair Wheeler seconded the motion that unanimously passed. Planning and Development Board Meeting Minutes Boynton Beach, Florida August 26, 2014 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, announced: • The High Ridge Landing Rezoning and Master Site Plan Modification was tabled at the request of the applicant to the September 3rd City Commission meeting. He noted the City Commission meeting date was changed from September 2 to September 3 The applicant was coordinating with the County regarding traffic counts now that school was in session. There is discussion about additional improvements with respect to possible signalization and additional lanes in the road opposite the project. • The Woman's Circle Rezoning was approved on first reading. The Master Site Plan Modification for the social services agency on 4 th Street was tabled so final review and action on the item takes place at the same time the second reading of the Ordinance would occur. • The Family Dollar Store Rezoning was approved on first reading. The Site Plan was tabled for final action to occur at the same time as the second reading. • The Flexible Parking Standards to promote smart growth was approved on first reading. The second reading of the item was tabled to the September 16th meeting, after the date the High Ridge Road project would be considered. Mr. Rumpf distributed the Minor Site Plan Modification submittals for the Board. He introduced Amanda Parker, who replaced former Planner, Eric Johnson, who moved. He advised she has degrees in architecture and planning, several years of experience in the private and public sectors. She worked for several years with the City of Pompano Beach and was an urban designer. She would present the next item on the agenda. 6. New Business: Attorney Weinger administered an oath to all those intending to testify. A. Johnson's Memorial Chapel (COUS 14 -001) — Approve request for Conditional Use to allow a funeral home within an existing 3,312 square foot, standalone commercial building located at 2015 South Federal Highway, zoned C3 (Community Commercial). Applicant: Darryl Johnson, Johnson's Memorial Chapel, Inc. Jeffrey Royer, Esq., 3695 W. Boynton Beach Boulevard, Suite 9, Boynton Beach, was representing the applicant, and distributed information about Johnson's Memorial Chapel. 2 Planning and Development Board Meeting Minutes Boynton Beach, Florida August 26, 2014 Attorney Royer explained Johnson's Memorial Chapel has been in operation since 2010 in Boynton Beach near Martin Luther King Drive and was seeking to relocate to a larger location. The proposed location has a bigger interior, better parking, and could better accommodate this type of business. Mr. Johnson wants to remain in Boynton Beach and contribute to economic development. When there are multiple viewing$, people would be going in and out of the business. Out of town guests would be using local restaurants and hotels. They complied with the mandatory signage and 400 -foot mailing radius. Mr. Royer commented they reviewed the conditions of approval and had no objections. In response to a question from Mr. Katz, Mr. Johnson explained he was leasing the property as well as leasing his present location. Mr. Royer highlighted the location was an old Arby's Restaurant. There would be ingress and egress on Federal Highway and an entrance on SE 21 Street. There would be no on- street parking. The location is configured for 36 parking spaces, above the required amount. The business would not generate glare or noise. Any worship would take place inside the building. Chemicals used in the embalming process would be vented outside and would dissipate quickly. A service is used to properly dispose of bio- hazardous materials. Mr. Johnson would redo the landscaping at the proposed location and would comply with staff recommendations. He would use the existing sign. The property is located on the Federal Highway Corridor and there are potential grant funds from the CRA he could access. Darryl Johnson, 1105 N. Federal Highway, explained the building was larger than his present location. In response to questions from Mr. Katz, cremations would take place off -site through a contract with a crematory outside of Boynton Beach. Mr. Katz inquired if the CRA had any objections to this type of establishment being located at the proposed site. Mr. Johnson responded they had not; rather they gave him a packet of information and suggested he review the information to determine what grant he may be able to obtain. They did not make any statements about the use. Mr. Katz inquired if the business, as a conditional use, was contained in the CRA plan at that location. Mr. Rumpf explained the most current redevelopment plan was silent to this type of use. It spoke most negatively to automobile- related uses. There was emphasis on some nodes and more intense locations along the Corridor, but not these outer parcels. Accordingly, there were no specific recommendations against such uses. Chair Saberson opened the public hearing. Judith Bradley, 6840 Eastview Drive, Lantana, owns the property on SE 20 Court . She is President of the Roaring 20's Association representing the Boynton Beach Historic District which encompassed SE 21 Street and SE 20 Court. She commented there had been several businesses there and they have had problems 3 Planning and Development Board Meeting Minutes Boynton Beach, Florida August 26, 2014 since 2001 because the businesses were never able to contain the parking. Since the area is an old and a historic district, the roads are narrow Residents have difficulty driving down the road because there is parking occurring on the streets. Chair Saberson explained staff reviewed the application and the application meets the parking requirements. There should not be a problem with the streets and the current problem they were having was unrelated. Ms. Bradley explained parking had been approved for other businesses and it was not sufficient. Chair Saberson commented some of the parking requirements for that area may have been approved 20 or 30 years ago, but parking requirements have evolved through the years. Mr. Katz inquired about the prior use and learned it had been an adult arcade. He commented if there was a service and 100 family members attend, there would be overflow. It was pointed out parking is based on the square footage of the building. Mr. Ashley Martella, 2120 Tuscany Way, objected to the application. He thought a funeral home across the street from an area filled with residents was inappropriate and the area would have traffic jams. He commented he would not have purchased property there if it had been within view of a funeral parlor. Aside from the morbidity of the use, when the light turns red, it sometimes takes three cycles of lights to get to Woolbright Road. There was a fire station next door to the building and he inquired what would occur if an ambulance had to exit during a procession. He thought the building was an eyesore and Federal Highway could not accommodate the traffic that would back up during processions. Ms. Parker explained the area is zoned C -3 and the use would be permitted in any other C -3 district. The application was before the Board due to its proximity to single - family districts. Federal Highway was equipped to handle the traffic. If not, engineering would be consulted. Ms. Grcevic inquired if there were issues with the Fire Station and Weiss Funeral Home, by City Hall and none were noted. It was explained conditional use applications are circulated to technical staff. Mr. Rumpf commented he would be surprised if the Fire Department objected to a use that is allowed in the zoning district. Ms. Grcevic commented there were several funeral homes on Federal Highway. Mr. Rumpf noted there is a big difference in peak and off -peak traffic and suggested asking the applicant when services would be held. Weiss Funeral Home was across the street from City Hall and there was very little parking. Although there was some stacking on the roadway when preparing for a procession, Mr. Rumpf had not heard of any complaints. He opined the Fire Department would likely have a way to exit during emergencies. Mr. Martella inquired what the Fire Department's position would be and if they could navigate through a funeral procession. Chair Saberson reiterated the applications are circulated through all City departments and they had no objections. If there are any 4 Planning and Development Board Meeting Minutes Boynton Beach, Florida August 26, 2014 staff comments or adverse impacts, it would be included in an addendum to the Staff report. Mr. Martella commented it would have a negative impact on property values and there were other locations along Federal Highway further away from residential units where it would not be an eyesore. He noted there were three communities nearby. . Ms. Grcevic was sympathetic to Mr. Martella's position and expressed it was a personal thing. In her 26 years in real estate, she has never seen property values decline due to a funeral home and pointed out some people purchase property and live next to a cemetery. Mr. Katz inquired about the required notification requirements and Ms. Parker explained all property owners within 40'0 feet are notified. Mr. Katz suggested considering expanding the notification radii since residents of Colonial Club were not present. Sandra Baker, 6103 61 Way, an employee of the Johnsons Funeral Home took an oath and explained most of the time they do not have processions leaving the funeral home. They usually have services at the church. Traffic would not stop at Federal Highway. There may be a limousine, hearse and a staff car leaves the parlor to go to the church. The situation described by Mr. Martella would rarely occur. The processions generally leave from the church, not the funeral home. Mr. Katz inquired why the application was a conditional use. Ms. Parker explained the use is permitted in C -3 districts, but it was a conditional use requiring Board approval because it was within 200 feet of a residentially zoned district. Chair Saberson explained it was staff's conclusion the location was appropriate and staff recommended approval with four conditions of approval dealing with maintenance and the aesthetic quality of the property. There being no further questions, Chair Saberson closed the public hearing. Mr. Johnson further clarified processions also have motorcycle escorts to help with parking and ensure there is no parking in front of residential homes, blocking driveways, or causing congestion. With fire rescue matters, they honor fire rescue and ambulance calls because they are saving lives. The procession would be stopped to allow access and then proceed. Ms. Macon noted Federal Highway was two lanes, and inquired if the procession takes up both lanes. Mr. Johnson responded they normally use the far outside lane in order to turn. If three lanes are available, they do not use the middle lane. Motion Vice Chair Wheeler moved to approve the Johnson Memorial Chapel (COOS 14 -001) request for a conditional use to allow a funeral home within an existing 3,312 square 5 Planning and Development Board Meeting Minutes Boynton Beach, Florida August 26, 2014 foot, standalone commercial building located at 2015 South Federal Highway, zoned C3 (Community Commercial). Ms. Macon seconded the motion. Mr. Katz commented he was philosophically against conditional uses. He was in favor of this request because he feels the property is in disrepair and was an eyesore in its present location and the applicant will improve it. If the market were better, he believed it should be a restaurant where individuals would go for happier occasions. The motion unanimously passed. 7. Other None. . Comments by members None. 9. Adjournment Motion There being no further business before the Board, Mr. Katz moved to adjourn. Vice Chair Wheeler seconded the motion that unanimously passed. The meeting was adjourned at 7:06 p.m. &dmpi.c Catherine Cherry Minutes Specialist 090814 6