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Minutes 11-28-17 MINUTES PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA TUESDAY,NOVEMBER 28, 2017, 6:30 P.M. PRESENT: STAFF: David Katz, Chair Mike Rumpf, Planning&Zoning Director Kevin Fischer, Vice Chair Ed Breese, Principal Planner Susan Oyer Hannah Matras, Senior Planner Stephen Palermo Farah Nerette, Assistant City Attorney Trevor Rosecrans Lisa Edmondson, Prototype, Inc. Ryan Wheeler Floyd Zonenstein David Sholl, Alternate ABSENT: Nicholas Skarecki, Alternate Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance 2. Roll Call Roll was called, and it was determined a quorum was present. 3. Agenda Approval Motion made by Mr. Zonenstein, seconded by Mr. Fischer, 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 October 24, 2017, minutes Motion made by Mr. Wheeler, seconded by Mr. Fischer, to approve the minutes of the October 24, 2017, meeting. In a voice vote, the motion passed unanimously (7-0). Meeting Minutes Planning and Development Board November 28, 2017 Page 2 5. Communications and Announcements: Report from Staff Mr. Rumpf reported that the following items brought before the City Commission on November 7, 2017: • Abandonment of unimproved alleyway behind 711 N ,orth Federal Hwy approved on second reading. • Text amendment to LDR amendments, zoning regulations, provisions for medical marijuana dispensaries approved on second reading. At the November 21, 2017,meeting, the following were approved: • Exeter/Sterling Records Phase III Project, major site plan modification. • Aldi Grocery Store Land Use Amendment and Rezoning items, ordinances approved on first reading. • Site plan and corresponding items were tabled to final review at the meeting with the ordinances. Mr. Rumpf further noted that the December meeting will be canceled. 6. Old Business-None 7. New Business Assistant City Attorney Nerette swore in those wishing to testify on the following items. A. Approve Eden Ridge Rezoning (REZN 18-001) from R-1-AA Single-Family Residential District to R-1-A Single-Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. Brandley Miller, Miller Land Planning, representing applicant, gave a PowerPoint presentation of the property in the southern part of the City, at the east side of Seacrest,with Gulfstream Blvd. as the southern boundary. A brief history of the zoning was given along with reasoning to rezone the eight parcels in question to R-1-A, which is more consistent with the area, and Staff concurs. Application does not include a site plan; this is a rezoning only, to go to the City Commission for two readings by Ordinance. From there this will go directly to platting and permitting process. Ms. Oyer had a disclosure having spoken with the south side property owner the day before, but this item was not discussed except to state that she would not discuss the matter. Chair Katz opened the public hearing. • Michael Fitzpatrick, 175 SW 2nd Street,wondered about the reason for changing from R- 1-AA to R-1-A, other than for smaller lot sizes to squeeze in one more unit, and if this is what is best for the City. Also discussed adjacent properties and felt this "spot zoning" sets a bad precedent with no real justification for downgrading the zoning. Chair Katz and Mr. Fitzpatrick had a discussion about the history of the zoning of this former scrub area and the development possibilities versus nature preserves. Meeting Minutes Planning and Development Board November 28,2017 Page 3 Mr. Fischer had questions about environmental studies to see what is on-site, and if the bottom left "chunk" not shown on the map could be considered for purchase by the City or County to extend the scrub area. Mr. Miller said there was an environmental study for gopher tortoise as well as plant species; there will need to be a relocation permit from Fish & Wildlife Commission taken out for the gopher tortoise, but the plant material was nothing that is protected. Mr. Rumpf was unable to speak for the County, but is familiar with the property purchased by City/County partnership through some grant dollars. • Mary Law, 3481 S. Seacrest Blvd., owner of property adjacent to the south of this item, spoke about quality of life disappearing, citing the gopher tortoises, foxes, raccoons, that live on this property. Approximately 30 gopher tortoises will have to be relocated, stating the difference between one house caring for the wildlife versus a small subdivision of eight houses. The developer should take responsibility to care for the animals and plants that feed them. Also mentioned was traffic safety and needed signage; the missing environmental study from the Board packet; fire engine access; storm drainage. Hearing no further comments, Chari Chair Katz closed the public hearing. Mr. W heeler wondered what actions are allowed on the site until Fish&Wildlife makes decisions re: relocating animals. Mr. Miller believes the permit must be issued before any groundwork can take place. Ms. Oyer wondered if the tortoises and indigo snakes will actually be relocated or if they will just be killed. Mr. Miller does believe a protected species such as the gopher tortoise will be relocated, and no other species were on the environmental study. Mr. Miller answered additional questions on incorporating the scrub as part of the development, like at Lake Eden Estates; the size of lots and types of houses to be more consistent with general area; school districting and traffic studies (not required for this number of lots). Mr. Palermo inquired as to the lot sizes, to which Mr. Miller replied the acreage for this project is 2.43. The County land is just over 53 acres. The aerial photo is based on the property appraiser's aerial view within the last year; and the there is only one single-family home with some outbuildings on the property at this time. Mr. Rosecrans wondered about migration of the gopher tortoises from one property to another. Mr. Miller said there will be a fence and the permit may require additional protections. Also, if this parcel were not developed as proposed, it could still be developed under the R-1-AA zoning district,which would be one less lot that could result in larger houses (inega-mansions),which are not consistent with the area. Chair Katz summarized by stating that the property is 2.4 acres, deducting 25% for roads, public dedications,and drainage gives about 1.8 buildable acres;traffic won't be affected by eight homes; protecting scrub has already been decided with current zoning(R-1-AA). City cannot legally deny development; however, it is not the City's job to increase value of land or aid the developer by allowing one or two more homes to be built on the site. Meeting Minutes Planning and Development Board November 28,2017 Page 4 Motion made by Mr. Wheeler to approve Eden Ridge Rezoning (REZN 18-001) from R-1-AA Single-Family Residential District to R-I-A Single-Family Residential District. Hearing no second,the motion died,item goes with no recommendation from Planning&Development Board to the City Commission. B. Approve Ocean Breeze East Rezoning (REZN 18-002) from MU-L2 (Mixed Use— Low Intensity 2 District)to MU-2(Mixed Use 2 District)to support the conveyance of CRA-owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City-initiated. Ms. Matras presented the background on the City-initiated rezoning item, which represents a house-cleaning task following major changes of the City's land use and zoning structure as part of the CRA Plan.This request is the first of six City-initiated rezoning actions for classified properties which presently carry the old, phased-out, mixed use zoning designations, and must be replaced with new or modified designations per CRA recommendations. Zoning of the subject property is being expedited as a developer interested in the property is applying for the low-income housing tax credit program and must meet an end of month deadline. Motion made by Ms. Oyer, seconded by Mr. Palermo, to approve Ocean Breeze East Rezoning (REZN 18-002) from MU-L2 (Mixed Use—Low Intensity 2 District) to MU-2 (Mixed Use 2 District) to support the conveyance of CRA-owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. In a voice vote, the motion passed unanimously(7-0). C. Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C-1 (Office Professional) zoning district. Applicant Cristine Thibodeau. Cristine Thibodeau gave a history and the demands of running a successful home day care facility. Francis DiGiovanni, Designer, presented a history of the property as a day care center, that it complies with Building Code, Boynton Beach Amendments, and Planning Code per Staff's approval. Ms. Oyer wondered if any of the plants were poisonous. Ms.Thibodeau stated the plant in question will be moved to the front of the building, if necessary, but does not believe it is poisonous. Mr. Rosecrans noted that the current chain link fence will be replaced with a vinyl one, and wondered if it is compliant with Health Department regulations. Mr. DiGiovanni stated it is a six- foot fence, and the gate will be locked. Chair Katz opened the public hearing. Gina Brynildsen, 178 Lake Monterey Circle, spoke in favor of quality childcare as provided by Ms. Thibodeau over past two years. Meeting Minutes Planning and Development Board November 28, 2017 Page 5 • Meagan White, 1013 SW 25d' Place, spoke in favor as a current client of applicant. Hearing no further comments, Chair Katz closed the public hearing. Motion made by Ms. Oyer, seconded by Mr. Wheeler, to approve Soleil Early Learning Academy Conditional Use and:Major Site Plan Modification(COUS 18-001 /MSPM 18-001) for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C-1 (Office Professional) zoning district. In a voice vote, the motion passed unanimously (7-0). D. Approve High Ridge Country Club Major Site Plan Modification (MSPM 17- 009) to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements,located at 2400 Hypoluxo Road in the Recreation(REQ zoning district. Applicant: Donaldson Hearing, Cotleur& Hearing. Mr. Wheeler disclosed that his firm did a survey for this project, but is not under any current or future contract for the project. Nicole Plunkett gave a presentation for the project, which is to be a major site plan modification to include replacement of existing clubhouse, and adding a new gate entry feature. An aerial of existing site and adjacent properties,along with proposed site plan,was shown. This is a members' club, limited to 265 members, there are no residential units, nobody lives in High Ridge Country Club. It is an 18-hole gold course along with several other amenities on site besides the club house, and are looking to upgrade the site to be consistent with the rest of the community. Details of landscaping and mitigation/relocation of existing canopy trees, etc., were discussed. Chair Katz truncated the presentation as the country club membership has already approved the replacement of the clubhouse, and then opened the public hearing. • Karen Thompson, 7120 Thompson Road, lives across canal from golf course. Previously could not see the property from backyard, but the property was recently reclaimed by drainage district who cleared it, so now there is a direct view of the current maintenance area. While not against the renovation, wonders if landscaping for the fenced area and storage is planned. Chair Katz asked about a condition of approval to buffer the area with mature landscaping. Ryan Artim, General Manager of High Ridge, stated that hurricane damage caused damage of 300 trees, with one tree taking out power line directly across from resident's house. Five trees were removed and replanted, along with some hibiscus hedges; however, some time is needed to grow back in. Chair Katz stated that a condition for approval will be to mitigate homeowner landscape issue within a year. Ms. Oyer stated it was impressive that the applicant was doing the right thing for the neighbors without before forced to. Also asked about electric car chargers for the future. Larry Zabik,Proj ect Meeting Minutes Planning and Development Board November 28,2017 Page 6 Manager said yes, the electrical conduit is already being run to parking lot and will add to it as membership needs occur. Motion made by Mr. Wheeler, seconded by Mr. Zonenstein,to approve High Ridge Country Club Major Site Plan Modification (MSPM 17-009) to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REQ zoning district, with condition to mitigate homeowner landscape issue within a year. In a voice vote, the motion passed unanimously(7-0). E. Approve Front Porch Setbacks (CDRV 17-008) — Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to increase the magnitude of encroachment of front porches into the building setbacks. Mr. Rumpf gave an overview of current regulations for front porches. Examples shown (which prompted this amendment) were of homes in Leisureville. Staff wants to resolve inconsistencies in applying standards, thereby creating a more livable home with a covered front porch. Discussion and history of existing ordinances ensued. Chair Katz opened the public hearing. • Michael Fitzpatrick, 175 SW 2nd Street, understands that this is to be applied to the whole City. (Mr. Rumpf confirmed that it is City-wide.) Explained history of such implementation, usually ends up looking tacky, and may be okay for Leisureville, but not for the rest of the City. Hearing no further comments, Chari Katz closed the public hearing. Ms. Oyer wondered if this is for front porches only, or will it apply to wrap-around porches. Mr. Rumpf said it would not apply to wrap-around porches as there is typically less set-back on the side. Staff will look into this when finalizing exact final language, and could not be retrofitted. Mr. Palermo wondered if this was a request from a builder. Mr. Rumpf said the problem had been communicated to Staff over the recent past by the community of Palm Beach Leisureville, which prompted examination of the Code, and Staff identified a City-wide benefit. The same standards and building codes will apply. Ms. Oyer asked about screenings and other materials as suggested by Mr. Fitzpatrick. Mr. Rumpf stated that the terms indicate "open," not enclosed either by screen or solid wall, which would create an inhabitable space. Discussion followed concerning materials (which look okay on the back of the house, but not the front),building codes, wind-loads, etc. Mr. Wheeler wondered if perhaps it could be in the Code that this would only be within a PLD R- 1-AA zoning designation. Mr. Rumpf stated Staff does not have a strong justification for that, citing that zoning regulations do not address architectural character of single-family homes. Meeting Minutes Planning and Development Board November 28, 2017 Page 7 Discussion followed regarding application City-wide versus just one area(Leisureville), and Staff does not recall this being an issue throughout the City. Chair Katz ascertained that there aren't many homes that will require this in Leisureville, as there are HOA rules to consider as well as building codes,personally feels this should be City-wide, and would like to see more front porches in the City. Motion made by Mr. Fischer, seconded by Mr. Zonenstein, to approve Front Porch Setbacks (CDRV 17-008)—Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to increase the magnitude of encroachment of front porches into the building setbacks. In a voice vote, the motion passed unanimously(7-0). 8. Other -None 9. Comments by Members Mr. Wheeler, while unable to attend the Planning Seminar,thanked the City for funding it, as well as setting up the tour of the historic high schools. 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 8:02 pm. [Minutes transcribed by M.Moore,Prototype,Inc.]