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Minutes 10-24-17DRAFT MINUTES PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA TUESDAY, OCTOBER 24, 2017, 6:30 P.M. PRESENT: David Katz, Chair Kevin Fischer, Vice Chair Trevor Rosecrans Floyd Zonenstein Ryan Wheeler Susan Oyer Stephen Palermo ABSENT: Nicholas Skarecki, Alternate David Sholl, Alternate Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance 2. Roll Call STAFF: Mike Rumpf, Planning & Zoning Director Ed Breese, Principal Planner James Cherof, City Attorney Lisa Edmondson, Prototype, Inc. Roll was called and it was determined a quorum was present. 3. Agenda Approval Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve the agenda. In a voice vote, the motion passed unanimously (7-0). 4. Approval of Minutes from Planning and Development Board Meeting Minutes A. Approval of the August 22, 2017 minutes Motion made by Ms. Oyer, seconded by Mr. Fischer, to approve the minutes of the August 22, 2017 meeting. In a voice vote, the motion passed unanimously (6-0). B. Approval of the September 26, 2017 minutes Meeting Minutes Planning and Development Board October 24, 2017 Page 2 Motion made by Mr. Fischer, seconded by Mr. Wheeler, to approve the minutes of the September 26, 2017 meeting. In a voice vote, the motion passed unanimously (6-0). 5. Communications and Announcements: Report from Staff Mr. Rumpf reported that all of the following items brought before the City Commission on October 17, 2017 were approved: • Courtyard Gardens major site plan modification for the Memory Care/Adult Living Facility (included three additional conditions - two charging stations, backup power generator to supply power to the entire facility; local hiring) • LDR amendments (First reading of Code amendment regarding medical marijuana) 6. Old Business - None 7. New Business Attorney Cherof swore in those wishing to testify on the following items. A. Approve Exeter / Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield & Wheeler, Inc. Mr. Wheeler recused himself due to a conflict of interest. Allan Hendricks, Caulfield & Wheeler, Inc., described the site and said they just finished building out Phase 1 and Phase 11. They did a lot split with Yellow Freight; they are taking all Yellow Freight's drainage, and the building will look about the same as the existing building. Ms. Oyer inquired about the percent of shade trees to palm trees, types of trees, roof color/reflectivity, solar, and reason for paying the art fee. In response to other questions, Mr. Hendricks said he did not know what would be warehoused there and asked Mr. Wheeler to comment on water retention. Ryan Wheeler, 7900 Glade Road, Boca Raton, explained that the site is six feet above control water elevation. They are taking on some of the drainage from the Yellow Freight site and have approval from the South Florida Water Management District and Lake Worth Drainage District. The site is not in the new FEMA flood zone. Mr. Hendricks stated they were fine with the conditions of approval. Chair Katz then opened the hearing for public comment. James Chichetti, 93 Nottingham Place, Carriage Point Townhomes, said he lives directly across the street from Phase I and II. He spoke about the negative effects of recent construction including noise and vibration due to machinery, and damage to swales, sidewalks, ruts, and vegetation from Meeting Minutes Planning and Development Board October 24, 2017 Page 3 heavy vehicles. He said the landscape work by the building was good, but that was the only area that was restored after construction. He also noted electrical failures, plumbing leaks, exacerbated drainage problems on SW 35 Avenue, unsafe volume of water on roadway, and deterioration of roadway surface. He said the drainage needs attention, and the road needs to be made passable. Mr. Hendricks said his site was behind the current project and does not abut the neighborhood. It is about 500 feet away. He asked Mr. Chichetti about the origin of the sound, and Mr. Chichetti said the noise started with the heavy machinery brought in for compacting the dirt. David Del Sesto, 106 Nottingham Place, spoke about the vibrations in his house. He called someone at the construction company, who came to his house, and he could feel the vibrations. He took a photo of the entry to the project earlier in the day where water was almost meeting at the middle of the road. The water went all the way to Caloosa Park. He said he did not have a problem with the project, per se, only with the construction. Hearing no further comments, Chair Katz closed the public hearing. Discussion ensued on water retention on the site, construction complaints (contractor can make any improvements or repairs from damage caused by construction equipment), storm water removal (grates) for flooding on SW 35 Avenue, access to the property, alleyway, ownership of the first property/project, and plans for the vacant building. Chair Katz suggested that the residents contact Jeff Livergood, City Engineer, and the Assistant City Manager Colin Groff in charge of utilities. Motion made by Ms. Oyer, seconded by Mr. Palermo, to approve Exeter / Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield & Wheeler, Inc., including all conditions of approval. In a voice vote, the motion passed unanimously (6-0), with Mr. Wheeler recusing himself. Dwayne Dickerson, attorney with Miskel & Backman, 14 SE 4 Street, Boca Raton, on behalf of the applicant, agreed to hear Items 7B, 7C, 7D, and 7E together. B. Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. 1. Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). Meeting Minutes Planning and Development Board October 24, 2017 Page 4 C. Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP D. Approve Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article I1I, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. E. Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP Dwayne Dickerson provided a history and corporate information for Aldi Grocery. He described the subject site and showed adjacent and nearby properties. Mr. Dickerson showed the current building on the property (which they will demolish), site plan rendering, parking requirements, loading dock, landscaping, water retention, and elevations. Mr. Dickerson stated that in the review for the future Land Use amendment and rezoning, the board would want to consider consistency and conformity with adjacent properties and current Land Use categories. They believe the requested amendment will bring the property into alignment with the surrounding area. He showed zoning maps and land use maps. Regarding the variance request, Mr. Dickerson explained there is only a very small portion of the building in the red area, and they satisfy the rear yard setback for a substantial part of the building. The strategic bump -out area to the right of the east side is to allow for additional screening of the loading dock area to residents on the east side. The dock reduces in grade so that when the truck pulls in, there will be additional screening. Landscaping also contributes to the screening. Mr. Dickerson then addressed the four Community Design Appeals: overhead bay door locations and color; parapet return design features; covered walkways (compromised with three hardwood trellises and additional walkways); and off-street parking (landscaped curb areas to reduce appearance of a parking field,). Mr. Dickerson stated that they met with the adjacent Homeowners Association, who seemed to welcome the addition to the neighborhood. He also mentioned that they agree with all the 17 conditions of approval, except for Number 14 - the requirement to build the bus shelter. They have talked to Palm Trans, who has not requested a bus shelter to be built there. However, Palm Tran wants the easement for future, and Aldi will provide the easement. Meeting Minutes Planning and Development Board October 24, 2017 Page 5 Ed Breese, Principal Planner, stated that staff requires a bus shelter for the residents in any new development with a pre-existing bus stop. The Code indicates that the shelter should mimic the building and materials, rather than the typical Palm Tran shelter. Chair Katz opened the public hearing. Andrew Meyer, 39 Vista Del Rio, expressed support for the bus shelter, especially for employees who may not have their own transportation. Cindy Falco -Di Corrado, 316 NW 1 Avenue, felt the store would be an asset to the community. She wondered if there could be a partnership for the bus shelter if that appeared to be a "deal - breaker." Hearing no further comments, Chari Katz closed the public hearing. Discussion occurred on the quarter system for shopping carts; size of women's vs. men's restrooms; unisex (universal) changing station; number of registers; paint colors (use more energy- efficient colors); number of palm trees versus shade trees; and LED lighting (have all warm white lights instead of half and half). Mr. Dickerson stated that the lights met all the Code requirements and photometrics. Ms. Oyer wanted to have 100% warm white lights as an amendment because it is better for everybody's health. Regarding potential flooding problems on the loading dock, Mr. Dickerson said their engineer worked closely with the City engineer and said the site meets all the drainage calculation requirements and all engineering requirements, and he was confident they could withstand all the Code requirements for drainage. Other items discussed including possible pedestrian access to surrounding parcels, replacing the east fence with a wall, and handicap parking locations. Chair Katz said he would request an additional condition to add two handicap parking spots to the front of the building. Mr. Dickerson said that adding two handicap spots would take away more than two regular spots, and they would go under the Code required parking. They now have 92 spaces. Chair Katz explained that there is a large population of seniors and people with physical disabilities in Boynton Beach. Discussion ensued on how the applicant could add the two spaces. Mr. Breese said if they go below the minimum Code for parking, they will be back for a variance. He suggested that they add as many as they can without going below the required parking. Regarding the variance (Item 7C), Mr. Breese advised that they have not met all the criteria, but staff suggested approval based on additional criteria. Discussion occurred on the eastern wall abutting one house, with it being noted that Stonehaven was probably built after the office building. Mr. Dickerson stated that Palm Tran asked for the easement in the application submitted to the County, but said they were not going to require a bus shelter at this time. They would defer to the Meeting Minutes Planning and Development Board October 24, 2017 Page 6 City. If the City decided in the future that the shelter was needed, Mr. Dickerson believed that Palm Tran would construct it. Also discussed were electric car charger spaces, roof solar panels, bicycle racks, the quarter system for carts versus locking carts, concrete wall versus non -concrete wall, and agreement on the wall with the HOA. Chair Katz stated he had met with the applicant and staff regarding the bus shelter. Mr. Wheeler suggested making the LED light condition something they would look into instead of making it a requirement. Mr. Dickerson did not want a condition where they did not have a photometric engineer, noting that different intensities are needed for different requirements such as parking versus indoors. He said they would agree to re-evaluating the matter. Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve 7B, Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP; including points 1 and 2. In a voice vote, the motion passed unanimously (7-0). Motion made by Mr. Palermo, seconded by Mr. Zonenstein, to approve 7C, Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. In a voice vote, the motion passed unanimously (7-0). Motion made by Mr. Fischer, seconded by Mr. Palermo, to approve 7D, Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article III, Section 7.J. L "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. In a voice vote, the motion passed unanimously (7-0). Motion made by Ms. Oyer, seconded by Mr. Palermo, to approve 7E, Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP with the following conditions: • Applicant to make an effort to add two additional handicap parking spots without going under the minimum on the parking • Applicant to make a concerted effort to see how lighting can be done as efficiently as possible, ending up as warm white lights • No bus shelter at this time • Ina voice vote, the motion passed (6-1), with Mr. Rosecrans opposed. 8. Other - None Meeting Minutes Planning and Development Board October 24, 2017 9. Comments by Members - None 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:48 pm. [Minutes transcribed by J. Rubin, Prototype, Inc.] UM