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Minutes 01-27-15 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 27, 2015, AT 6:30 P.M. PRESENT: Ryan Wheeler, Vice Chair James Cherof, City Attorney James Brake Ed Breese, Principal Planner Trevor Rosecrans Stacy Weinger, Assistant City Attorney David Katz Hanna Matras, Senior Planner Brian Miller Mike Rumpf, P & Z Director Nicholas Skarecki Stephen Palermo, Alternate ABSENT: Gregory Murphy ALSO PRESENT: Mayor Jerry Taylor and Mrs. Taylor Vice Chair Wheeler called the meeting to order at 6 p m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance. 2. Introduction of the Board Vice Chair Wheeler introduced the members of the Board 3. Agenda Approval MOTION made by Mr Brake, seconded by Mr. Miller, to approve the agenda, with the addition of discussion of Chair and Vice Chair under Other. In a voice vote, the motion passed unanimously. 4. Approval of Minutes from November 25, 2014, meeting MOTION made by Mr Katz, seconded by Mr Miller, to approve the minutes as presented In a voice vote, the motion passed unanimously Meeting Minutes Planning and Development Board Boynton Beach, Florida January 27, 2015 5. Communications and Announcements: Report from Staff Planning and Zoning Director Mike Rumpf welcomed newcomers to the Board. He reported the City Commission did not take any final action on items previously reviewed by the Board. They did, however, table an item that will be reviewed in February 6. New Business City Attorney Cherof explained the nature of the proceedings He announced that those wishing to testify for or against any item were asked to raise thew right hand and be sworn in. Mr. Cherof performed the swearing in for the hearings. A.1 Boynton Village & Town Center (MPMD 15 -001) — Approve Master Plan Modification request to Boynton Village & Town Center to amend a 0.42 -acre portion of SMU Parcel #5 from 16 townhomes to a four (4) story, 24,000 square foot mixed use building with medical use on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors. Applicant: James Comparato, Compson Associates Group, Inc Bradley Miller, Miller Land Planning, Inc., stated he was representing Compson Associates Group, Inc. Also with him was Bob Halula from Slattery and Associates, who provided the site plan and architecture for the project. Mr. Miller described the location and its environs, noting they wish to modify the master plan for the SMU and get an approved site plan for the 0 42 acre parcel The first two floors of the building would be 12,000 square feet of medical office space, and the top two floors would be another 12,000 square feet for eight residential units. Attorney Cherof stated it would be permissible for the applicant to present for both applications if there was no objection There would be separate public hearings for each application. Mr. Miller pointed out the features of the site plan and elevation, using a projected image He noted that the architecture blends in with the existing development around it. Mr. Miller stated they are in agreement with staff's conditions and recommendations for both applications. Mr. Miller said there will be two handicap spots in the front. If space permits, they may be able to restripe and add another spot. Vice Chair Wheeler opened and closed the public hearing MOTION made by Mr. Katz, seconded by Mr (Brian) Miller, to approve Boynton Village & Town Center (MPMD 15 -001), subject to all staff conditions. In a voice vote, the motion passed unanimously. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 27, 2015 A.2 Boynton Village & Town Center (MSPM 15 -001) — Approve Major Site Plan Modification request to construct a four (4) story, 24,000 square foot mixed use building with medical use on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors, and related site improvements. Applicant: James Comparato, Compson Associates Group, Inc. There were no questions from the Board Vice Chair Wheeler opened and closed the public hearing. MOTION made by Mr. Miller, seconded by Mr. Brake, to approve Boynton Village & Town Center (MSPM 15 -001), subject to all staff conditions. In a voice vote, the motion passed unanimously. B. Interim LDR Amendments (CDRV 15 -001) — Approve proposed amendments to the Land Development Regulations (LDR), including 1) Provisions for the new zoning use Medical Care or Testing (In- Patient); 2) Continued codification of the Transit - Oriented Development (TOD) overlay development standards; 3) Amendments to the sign standards applicable to commercial uses in certain M -1 zoning districts; 4) Amendments to sign regulations to facilitate certain improvements to non - conforming signs at shopping centers; and 5) The decrease in parking requirements for hotels. Applicant: City- initiated. Mr Rumpf introduced the item. He explained he would present the first item; Ms. Matras would present the second item, and Mr. Breese would present the remaining three items. Mr Rumpf began a PowerPoint on the amendments, beginning at 6'45 p.m. He concluded his presentation at 6:57 pm. Since the CRA is such a large part of the area, Mr Brake wondered why they were pulling the CRA out of it. Mr. Rumpf replied the reasons were summed up in Note #102: they do not see those types of uses being complementary to an intensive retail commercial environment where a certain synergy is desired, such as pedestrian activity. [Unable to hear Mr Brake speaking — microphone off] Mr. Rumpf continued that the parcels to the east were smaller, more compact parcels versus areas to the west where the larger commercial centers are located. Mr. Brake thought that might keep someone from putting in a medical center [Unable to hear Mr Brake speaking — microphone off] and Mr Rumpf replied affirmatively if it falls under "this category." Mr. Rumpf added there is a current project called North General Medical Center that consists of medical offices, but is not a true medical center. Mr. Brake verified that a 24 -hour emergency clinic would be permitted, since the change was intended for emergency, in- patient, 24 -hour clinics, etc. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 27, 2015 In response to a question by Mr. Brake, Mr. Rumpf replied the goal is to fix a weakness in the Code that does not cover this type of facility, adding that they had not yet had inquiries for them. At this point, rehab facilities are associated in the Code with hospitals, since that is the only use in the zoning regulations that allows in- patient medical. He added that the amendment would not prohibit any other type of in- patient facility, such as substance abuse treatment centers (other than the medical center). Mr. Brake cited one facility that provides overnight residential care with patients returning to the treatment facility in the daytime. Mr. Rumpf admitted there was one facility operating in the City at this time that was allowed by the reasonable accommodation process. Mr. Rumpf continued that there is always the potential of being subject to a reasonable accommodation application, but the City would be minimizing the ability of an applicant to justify a given location if it does not follow the proposed regulations. Mr Rumpf described the various stages of rehabilitation in a detoxification center. If a person gets intensive treatment during the day and then goes to group home in a residential area at night, Mr. Brake wondered if it would fall under the regulations since technically they are in- patient. Mr. Rumpf clarified that if the care is at two distinct locations, they would be out - patient only, since they are not sleeping in the commercial environment, and are receiving intensive care in the residential neighborhood. He explained that the care given at the commercial establishment would be considered no differently than what a person would receive when going to the dentist, for example Mr Katz felt that the allowable areas for what he would call "in- patient detox" and intensive outpatient facilities are zoned out. He thought they should be allowed in a C- 3, C -2, or C -1. Furthermore, he thought it would be best if they were close to a hospital. Mr Katz pointed out sober homes are allowed in the City, which he thought were an invasive use in single - family neighborhoods. He commented that the detox centers are highly regulated, and he did not understand why staff was concerned with them being in the City. Mr Katz asked what the administrative procedure would be to allow those kinds of uses in a C -1, C -2, and C -3, perhaps within several miles of Bethesda Hospital. Mr. Rumpf responded there are several ways to address the zoning Delray Beach uses the concentration model, in an intense medical district. Their hospital core is on major arterial roadways, whereas Boynton Beach's concentrated core does not have an arterial roadway flanking it Secondly, Mr. Rumpf stated that a dental office or family practitioner could be right next door to a residential unit, because they are closed at night. Such offices are used as a transitional use to more intense commercial. In response to a comment by Mr Katz, Mr. Rumpf stated that a hospital is not as compatible with a residential environment; the hospital district is unique, but in theory, it is more intense and it would be better moved away from the lowest intensity single family districts 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 27, 2015 Mr. Rumpf explained how they could open up to more districts, while maintaining the same model principles or objectives. The arterial roadway requirement already exists, so it could be put in those zoning districts He agreed with Mr. Katz that a location on Congress Avenue would be a better location than Seacrest because of the close residential area Mr Rumpf said the arterial roadways are Congress Avenue, Woolbright, Boynton Beach Boulevard, and Gateway. Mr. Katz verified that the Board could ask staff to add the ability to have the detox and intensive out - patient facilities in a C -1, C -2, or C -3 too. Mr. Rumpf directed the Board's attention to p. 5 of the report, Note #14, noting they might want to limit it to "arterial" and not "collector." In response to a question from Mr Palermo, Mr. Rumpf said there are requirements for medical waste, although they may be governed by the State Vice Chair Wheeler opened and closed the public hearing. MOTION made by Mr. Katz, seconded by Mr. Miller, to accept staff's recommendation with the additions that the Planning Director and he discussed as far as an arterial road in C -1, C -2 and C -3 with the uses of inpatient detox and intensive outpatient facilities. In a voice vote, the motion passed unanimously Ms. Matras said she would address the codification of the Transit - Oriented Development (TOD) overlay development standards She explained that the text amendments approved by the City Commission in June, 2014, did two things: established a TOD district, and allowed increased density up to 25 %. Ms. Matras pointed out the district on a map. Ms. Matras said that the City of Boynton Beach has been working with FDOT and other agencies in preparation for the expansion of the Tri -Rail commuter system to include new service on the FEC tracks. The agencies are focused on the need for improved land development patterns in advance of the proposed Boynton Beach rail station development Ms. Matras enumerated the significant features of a TOD, per the written report. She reviewed that the Comprehensive Plan adopted in 2014 supported the proposed regulation amendments, including buffer areas and density increases. Ms. Matras continued that an argument was raised when the Comprehensive Plan text amendments were brought to the City Commission and the Board: the total number of the housing units in the district is about 3,100, which equals a gross density of slightly over seven units per acre. However, in the guidelines for the Community Center (which is the model for the downtown Boynton Beach station), the suggested optimum density is between 11 and 16 units per acres In response to a question by Mr Brake, Ms Matras stated that they are basically 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 27, 2015 increasing the density in the three most intense and dense land use specifications. They had previously established the minimum density, and now they are raising the density (without allowing more height) The only project at that density is the Promenade with 100 units per acre Mr. Brake established that was within the 1 ,4 mile radius Vice Chair Wheeler opened and closed the public hearing MOTION made by Mr. Katz, seconded by Mr Brake, to accept the interim LDR amendments CDRV 15 -001, Item #2 In a voice vote, the motion passed unanimously. Ed Breese addressed the next item: non - conforming signs relative to M -1 zoning districts He mentioned that staff had implemented a number of recommendations from the M -1 Corridor study that was done in the past in order to approve the overall appearance of South Congress Avenue Mr Breese said that the sign regulations for those commercial uses were not addressed and explained the size difference between industrial and commercial use signs. Mr. Breese said this amendment would allow those limited commercial uses allowed on a main thoroughfare in the M -1 zoning district, the same signage regulations enjoyed by other commercial uses along that same thoroughfare. In response to an inquiry by Mr. Miller, Mr. Breese responded that hand -held signs on corners, while distracting, are probably protected under free speech. Palm Beach Gardens is exploring a way to control them, and an ordinance will probably be brought before their commission within a few months Vice Chair Wheeler opened and closed the public hearing. MOTION made by Mr. Brake, seconded by Mr. Katz, to accept the interim LDR amendments CDRV 15 -001, Item #3, amendments to the sign standards applicable to commercial uses in certain M -1 zoning districts In a voice vote, the motion passed unanimously. Mr. Breese continued to the next item: amendments to sign regulations to facilitate certain improvements to non - conforming signs at shopping centers. He displayed several photos of signs and said that most of the signs in intense commercial districts have non - conforming signs that were built under a different Code. Mr. Breese said that under the current regulations, all a property owner can do to improve a sign is change the lettering or slide out a face and replace it with a new one. The new regulation would allow structural modification of the signs without worsening non - conformities, as long as the sign mass is not increased. In addition, Mr Breese said that under the proposed regulations a new tenant's name could be added to a sign under provision that the entire sign is cleaned up. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 27, 2015 Mr. Brake was curious if any of the shopping centers that had undergone renovations were interested in updating their signs Mr Breese replied they expressed interest at the time they were going through renovations, but he did not know their current level of interest; he said they would broach the subject with them Mr. Breese said that lack of signage space on the old signs was an obstacle to getting new tenants into shopping centers If the shopping center cleans up their sign, that could encourage new tenants. In response to a question by Mr Palermo, Mr Breese said that all the signs are illuminated Mr Palermo also pointed out that one sign appeared close to wires, and Mr Breese commented that FP &L has regulations on how close they can be In response to a question by Mr. Katz, Mr. Breese stated that box add -ons would not be allowed by Code today, but were allowed in the past Also, the address is now required on the signs when they are modified. Vice Chair Wheeler wondered if any existing pole signs would interfere with the visibility triangle if they were modified to a monument sign. Mr. Breese said they would have to take that into account since most signs are at driveway entrances Vice Chair Wheeler opened and closed the public hearing. MOTION made by Mr Brake, seconded by Mr. Miller, to accept the interim LDR amendments CDRV 15 -001, Item #4, amendments to sign regulations to facilitate certain improvements to non - conforming signs at shopping centers. In a voice vote, the motion passed unanimously Mr Breese continued on to Item #5, the decrease in parking requirements for hotels. He reported the City had higher parking requirements than most nearby communities: two parking spaces are required for a two -room hotel unit in Boynton Beach, where most require one parking space per unit All other cities surveyed had a standard number of parking spaces that was irrelevant to how many rooms there were in the unit. Mr. Breese described the parking analysis staff performed using the recently approved Towne Place Suites in Quantum Park. After deliberation, the staff decided that a 1.25 ratio of parking spaces per hotel room (no matter how many rooms it has) was adequate, since it would also accommodate a number of employees and meeting space without ancillary requirements. Furthermore, for the hotels that have a lounge or restaurant open to the public, they are adding a requirement for 50% of the rate of parking of what would normally be required if it were a stand -alone restaurant next door. Mr. Palermo verified that the 1.25 ratio means that for every four spots there is a fifth spot Mr Breese added that intends to cover the staff, meeting rooms, etc Meeting Minutes Planning and Development Board Boynton Beach, Florida January 27, 2015 With the reduction of parking, Mr. Katz wondered if the Code would pursue more landscaping; Mr. Breese replied affirmatively Vice Chair Wheeler opened and closed the public hearing MOTION made by Mr. Katz, seconded by Mr Brake, to accept the interim LDR amendments CDRV 15 -001, Item #5, the decrease in parking requirements for hotels. In a voice vote, the motion passed unanimously. 7. Other There was a brief discussion on when to vote for Chair and Vice Chair. MOTION made by Mr. Brake, seconded by Mr Rosecrans, to have David Katz be Chair and Ryan Wheeler continue on as Vice Chair. In a voice vote, the motion passed unanimously. 8. Comments by members - none 9. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7 p.m. [Minutes prepared by J Rubin, Prototype, Inc ] 8