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Minutes 09-22-15 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 22, 2015, AT 6:30 P.M. PRESENT: David Katz, Chair Shana Bridgeman, Asst. City Attorney Ryan Wheeler, Vice Chair Mike Rumpf, Planning & Zoning Director James Brake Ed Breese, Principal Planner Trevor Rosecrans Hanna Matras, Senior Planner Nicholas Skarecki Kevin Fischer, Alternate ABSENT: Brian Miller Stephen Palermo Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance. 2. Roll Call Roll was called and it was determined a quorum was present. 3. Agenda Approval Chair Katz welcomed Vice Mayor Casello, and excused Mr. Miller’s absence, due to observance of a religious holiday. MOTION made by Mr. Brake, seconded by Mr. Rosecrans, to approve the agenda. In a voice vote, the motion passed unanimously. 4. Approval of Minutes, August 25, 2015 meeting - None 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, reported that the City Commission heard the first reading of the ordinance (LDR Amendment), allowing the City-initiated Land Use Amendment and Rezonings in conjunction with redevelopment activities in most Meeting Minutes Planning and Development Board Boynton Beach, Florida September 22, 2015 cases. Those can be processed without typically corresponding site plans and master plans. Chair Katz provided two letters to the clerk to be entered into the record: one from John R. Potter (President of Cedar Ridge Community Homeowners POA); and one from the applicant for Lake Worth Christian School. 6. New Business Chair Katz explained the nature of the proceedings. He announced that those wishing to testify for or against any item were asked to raise their right hand and be sworn in. Assistant City Attorney Bridgeman performed the swearing in for the hearings. A. Lake Worth Christian School (MSPM 15-006 / COUS 15-004) – Approve request for Conditional Use / Major Site Plan Modification for additions of a 13,087 square foot Elementary School / Early Childhood Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic / Locker Room building to the existing Lake Worth Christian School campus, located at 7592 High Ridge Road within the R1-AA (Single-Family Residential) zoning district. Applicant: Dustin Mizell, Dustin Mizell Landscape Architecture. Dustin Mizell (agent, site planner and landscape architect for the project), applicant, said he is also a board member for Lake Worth Christian School. He reviewed the history of the school. He introduced the planning team and several school officials and thanked the City staff for their diligence. Mr. Mizell mentioned their project is time- sensitive, as they hope to get the school open for the 2016-2017 school year. He stated they have already submitted permit plans to the Building Department. Mr. Mizell reviewed the history of the school project and showed aerial views of the site. He stated that the demographic in the area has changed, and they have changed their plans to reflect that. Mr. Mizell described the new project, noting that the site impact has been reduced, and traffic should be reduced. He emphasized they are asking for less than what was previously approved. He relayed that Cedar Ridge and other neighbors are supportive of the project, and they wrote letters to that effect. Mr. Mizell reviewed the proposed traffic flow, including stacking of cars for the drop-off, noting there should not be a problem since the cars have to drive far into the property to drop off students, and the school has staggered start times. He assured the Board that the circulation would not back up onto High Ridge Road. The County recommended a turn lane, but the planners did not believe it necessary. The school will revisit that if necessary as enrollment increases. Mr. Mizell reviewed the site plan, pointing out facilities, landscaping, buffer, etc. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 22, 2015 René Tercilla, 2047 Vista Parkway, West Palm Beach, Senior Vice President of Harvard Jolly Architecture, spoke about the classrooms and multipurpose space. He then showed the building elevations. Mr. Brake asked how the parking was calculated, and Mr. Mizell replied it was done per an agreement from years past. The new parking is based on student enrollment and teachers. He said there is adequate parking for all teachers, staff, and students. Chair Katz confirmed that maximum capacity would be 615 students. Jim Harwood, Superintendent at Lake Worth Christian School, stated they currently have 450 students, and the new building will allow them to enroll to capacity. Regarding the turning lane, Mr. Harwood said they would be willing to revisit the turning lane issue in the future. Planning and Zoning Director Mike Rumpf reported that he visited the sites and watched traffic patterns at both Lake Worth Christian School and Imagine School – Chancellor Campus between 7:30 a.m. and 9:15 a.m. He said he observed steady flows, good traffic patterns, and no major backups. Mr. Rumpf stated he did not see need for improvements at this time. Chair Katz opened the floor to comments on Item A. Vice Mayor Casello, 7981 Shaddock Drive, District IV Commissioner, spoke of issues concerning the drop-off area that he observed while his daughter attended: congestion at the end of the school day with parents picking up and high school students trying to exit. He suggested a different entrance and exit. Vice Mayor Casello predicted a traffic problem when the new housing development gets underway near the school. Vice Mayor Casello also expressed concern that as the neighborhood grows, the capacity at Lake Worth Christian might have to be increased again. Mr. Harwood responded that the traffic/parking pattern has changed since Vice Mayor Casello’s daughter attended. He said the staff parking area has moved, they added signage and stripes on pavement for a clear walkway, and staff monitors the parking lot exit. Mr. Harwood also mentioned that it is ordinarily seniors who park at the lot, and they have early dismissal. He did not see a need for the other entrance and exit as suggested by Vice Mayor Casello. Chair Katz requested that staff address Vice Mayor Casello’s comments on the new apartments and how that will affect traffic. Mr. Rumpf acknowledged there would be more traffic on the roadways, but the rental dwellers could travel in two other directions, not going through the traffic hub for the schools. He said the speed limit near the schools, not the number of cars, would slow traffic. Chair Katz thought perhaps the left-turn lane might more appropriately be relegated to the apartment development, rather than the school. Andrea Troutman, 2005 Vista 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 22, 2015 Parkway, PTC Transportation Consultants, reported that they included the traffic from the apartment complex in the background traffic. They are required to build a right-turn lane off High Ridge into their project. Chair Katz closed the floor to comments on Item A. Motion made by Vice Chair Wheeler, seconded by Mr. Rosecrans, to approve Lake Worth Christian School (MSPM 15-006 / COUS 15-004) subject to all staff comments. In a voice vote, the motion passed unanimously (6-0). B. MLK South Land Use Amendment & Rezoning (LUAR 15-001) – Approve MLK South Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX), and rezoning from C-2 (Neighborhood Commercial) and R-2 (Single and Two- Family Residential), to MU-L2 (Mixed Use Low Intensity 2). Applicant: Vivian Brooks, Community Redevelopment Agency. Senior Planner Hanna Matras provided the staff report. She said this is the first of two items that the City is processing at the request of the CRA. Chair Katz recessed the meeting at 7:07 p.m. due to rain noise. The meeting was called back to order at 7:10 p.m. Ms. Matras resumed her report, noting that the main objective of the Amendment is to make land available and ready for developers who are going to bring the project that is desired by the community and consistent with the Development Plan. She said that staff analyzed the request and decided it is consistent with the recommendations and intent of the 2014 Heart of Boynton Community Redevelopment Plan update. The map shows commercial and multi-family use with a maximum density of 30 dwelling units per acre. Ms. Matras continued, reviewing the staff report that was provided to the Board. In response to a question by Mr. Brake, Mike Simon, Assistant Director of the CRA, stated that the CRA Board has entered into purchase agreement discussions with two developers who have potential redevelopment as a result of a tax-credit application if both are awarded that. He said the CRA initiated land use and zoning change to prepare for these potential developments. Mr. Simon advised that without the zoning in place, the chances for a successful application for the tax credit and potential development is “zero.” He said the intent of the rezoning is twofold: to assist the potential development of the company and allowing a project to begin. If the company is not selected for a tax credit, the zoning would be in place for the property owners that own property within the area so that the solicitation of future development can happen much easier. Mr. Simon added that nothing can be built without the normal site plan process. Chair Katz expressed concern that if the group who wanted to do the project did not get chosen for the tax credit, the value of the land was increased and therefore it would be 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 22, 2015 more difficult for another developer to come in. Mr. Simon replied there may be a perceived increase in value, even though the individual property by itself would be in the position it is now, which is not large enough to be developed in any one particular way. He added that the property owners are aware that their property is being rezoned. In response to a question by Chair Katz, Mr. Simon stated that the rezoning is site specific for the HTG development. Ms. Matras illustrated the plan using a land use map. Chair Katz expressed concern about increasing private property values of people with no guarantees that they will sell; however, he understood that the changes have to be made in order to progress. Chair Katz opened and closed the floor to comments on Item B. Motion made by Vice Chair Wheeler, seconded by Mr. Fischer, to approve MLK South Land Use Amendment & Rezoning (LUAR 15-001). In a voice vote, the motion passed unanimously (6-0). C. Ocean Breeze East Land Use Amendment & Rezoning (LUAR 15-003) – Approve Ocean Breeze East Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and rezoning from R-3 (Multi- Family Residential) to MU-L2 (Mixed Use-Low Intensity 2). Applicant: Vivian Brooks, Community Redevelopment Agency. Ms. Matras provided the staff report for Item C, noting it was for the eastern portion of the former Boynton Terrace Apartments, which were destroyed by hurricanes in 2006. She said the zoning is the same as that for Item B; however, the builder has the right to increase the density by an additional 25% (37 units per acre) due to the proximity of the Ocean Breeze East single-family development. The height is restricted to a maximum of 65 feet. Mr. Simon stated that the CRA owns the majority of the site, and the CRA has selected a developer to present a tax-credit application to the State for a residential use project. The plan is similar to that for Item C. Chair Katz opened the floor to comments on Item C. Vice Mayor Casello stated that the site is not “totally owned” by the CRA. He said this is the first he has heard of rezoning the whole property, and wondered why they would want to rezone the portion of the property (an apartment building) owned by Steven Michaels’ Hudson Holdings. Mr. Simon said it was a similar answer to that involved in Item B – incorporating various properties into the rezoning with the hopes to not leave pieces “lingering in old or non-updated” land use and zoning classifications. It provides consistency in his mind for the entire site to be developed. Development to the south could be enhanced. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 22, 2015 Vice Mayor Casello remarked that rezoning the whole block was never conveyed to him by Ms. Brooks (of the CRA). He stated he had no objection to rezoning the CRA site itself, but was hesitant to rezone the whole site without any input from Mr. Michaels. Ms. Matras said the CRA parcel was 1.4 acres. She added that the entire block had been approved as part of the Master Plan. Chair Katz suggested that Mr. Michaels should have the opportunity to come back at a later time to rezone his land in a manner that is acceptable to him. Mr. Rumpf stated that there are pros and cons to doing it: there could be tax increases on any given piece of property, there could be influence on property values that could have an impact on land assembly. The CRA Director has stated that Mr. Michaels wants the CRA plan to “clearly communicate the vision for what we want on the land.” Mr. Rumpf acknowledged they are now doing it on a case-by-case basis where there is a lot of land control, but it is consistent with the Redevelopment Plan. He continued there is always potential for rezoning and new classifications to put property in a non- conforming status. Mr. Rumpf advised that the plan before the members was staff’s communication of what is intended to have been meant with the Redevelopment Plan and to assist with the projects, land assemblies, and tied to petitions to the State for the local housing tax- credits. Chair Katz did not see any assemblage occurring with the Ocean Breeze East site and the other piece of property. Mr. Brake verified that on the 2013 Master Plan Heart of Boynton map, the Ocean Breeze East Mixed Use Development matches up with Ocean Breeze East on the location map. Assistant City Attorney Bridgeman swore in Mary Carrington. Mary Carrington, 201 NW 4 Avenue, Boynton Beach, wondered if the northwest section was included at this time in the rezoning. Staff stated it was not included. Chair Katz closed the floor to comments on Item C. Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve Ocean Breeze East Land Use Amendment and Rezoning (LUAR 15-003). Mr. Brake appreciated the questions brought up by Vice Mayor Casello and hoped he would bring them up at the City Commission meeting. In a voice vote, the motion passed (4-2), with Mr. Rosecrans and Chair Katz opposing. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 22, 2015 D. Gas Station Regulations (CDRV 15-003) –Approve amendments to the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrix & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and the addition of Gasoline Stations as an allowable use within the Planned Industrial Development (PID) Zoning District. Applicant: City initiated. Mr. Rumpf provided the staff report, explaining that the study was prompted by a City Commission directive influenced by a local convenience store operator who wanted to sell gasoline. Although the business ultimately decided not to sell gasoline, the study went forward, reviewing the regulations. Of the 18 gas stations in the City, half are non- conforming according to the Land Development Regulations (by zoning or location). Mr. Rumpf reviewed the current standards and inventory of gas stations, and findings. He distributed a copy of supplemental regulations, showing what can and cannot occur on a non-conforming structure and building in terms of expansion, maintenance or reconstruction. He read highlights from the handout. Mr. Rumpf advised that if any of the stations are damaged by hurricanes, he would have to make a decision: issue permits for reconstruction to prepare them for re-opening in violation of the Code, or take the time to propose amendments to the regulations at that time while assessing damage, etc. He pointed out that none of the stations meet the lot requirements to reconstruct or rebuild. Most of the stations are on major streets with heavy commercial uses, which is desirable. Mr. Rumpf then reviewed the recommended amendments: 1. Relating to the intersection requirements for the stations; 2. Relating to the 200 foot residential separation standard; 3. Relating to the addition of allowed uses for gas stations in the PID Zoning District; 4. Relating to the application of PCD provisions “to big box” retail (with gas stations) and those in C-3 Zoning District; 5. Relating to the addition of the I-95 interchanges and arterial roads, such as Boynton Beach Boulevard; and 6. Relating to the exemption provision for existing gas stations to allow for business expansions, routine maintenance or even reconstruction if damaged by major storms Mr. Rumpf remarked that the proposed changes would increase the conforming stations to 16; the two that remain non-conforming will be considered part of the update of the CRA consolidated plan project. He also stated that approximately seven additional intersections would become eligible for gas stations, although they would require significant modification. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 22, 2015 In response to a question by Mr. Brake, Mr. Rumpf advised that they do not have a “good definition” of what the gas station need is in the City. He did say there are several large areas devoid of gas stations. Mr. Rumpf advised that to amend the regulations for the south end the town would not be easy. He remarked that the M-1 Corridor zoning regulations were amended to allow different sets of zoning uses that front on an arterial roadway. A gas station could be plotted in that area. Mr. Fischer noted that subsection (b) (1) has a description for uses allowed such as convenience stores, car wash etc. He said that there were also subsections for the Planned Commercial Development and Mixed Use Districts, (c) and (d). However, there was no subsection for section (e) for PID, and wondered if that could be expanded. Mr. Rumpf said he intended to repeat the wording and will do that. Chair Katz asked Mr. Rumpf where another gas station would be allowed on Congress Avenue north of Boynton Beach Boulevard to Hypoluxo Road, except the Shell and two Mobil stations. Mr. Rumpf replied that there are several intersections, but they are built out. He said they did not want to open it up to local street intersections. Chair Katz opened the floor to comments on Item D. Vice Mayor Casello wondered if there is a cap on the number of stations allowed in Boynton Beach and, if not, if there would be a chance of having too many. Mr. Rumpf replied in the negative, noting there is no appropriate ratio. He said there is more competition for intersection based uses now, such as pharmacies, and there are fewer gas stations than in the past. He added they are not proposing a change in the minimum land area. Vice Mayor Casello asked if any of the gas stations were built after 2006, and Mr. Rumpf replied the 7-11 at Hypoluxo Road would have been built close to that time. He confirmed there are State Statutes that require certain retrofits or modernization of existing stations to be equipped with generator hook ups. Vice Mayor Casello thought that any station within .5 mile of an evacuation center has to have a generator hookup, and he wanted to make sure those stations are in compliance. Mr. Rumpf was not sure if they could direct an ordinance to that effect and said he would investigate it. Chair Katz closed the floor to comments on Item D. Chair Katz passed the gavel to Vice-Chair Wheeler. Motion made by David Katz, seconded by Mr. Brake, to approve Gas Station Regulations (CDRV 15-003) with the recommendation that staff look into Vice Mayor Casello’s suggestion about checking into the gas stations within a certain area as far as installing generators, and the additional language in the PID section suggested by Mr. Fischer. In a voice vote, the motion passed unanimously (6-0). 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 22, 2015 7. Other - none 8. Comments by members - none 9. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:58 p.m. [Minutes prepared by J. Rubin, Prototype, Inc.] 9