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Minutes 05-22-18 a a. 4, MINUTES PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA TUESDAY, MAY 22, 2018, 6:30 P.M. PRESENT: STAFF: David Katz, Chair Mike Rumpf, Planning& Zoning Director Susan Oyer Ed Breese, Principal Planner Ryan Wheeler Ryan Abrams, City Attorney Floyd Zonenstein Lisa Tayar, Recorder, Prototype, Inc. Lucas Vogel, Alternate Malcolm Gropper, Alternate ABSENT: Kevin Fischer, Vice Chair Stephen Palenno Trevor Rosecrans 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 detennined a quorum was present. 3. Agenda Approval Motion duly made and seconded to approve the agenda. In a voice vote, the motion passed unanimously(6-0). 4. Approval of Minutes from Planning and Development Board Meeting Minutes A. Approval of the April 24, 2018 Minutes The minutes for the April 24, 2018 meeting were not available. 5. Communications and Announcements: Report from Staff Mr. Rumpf reported the Commission's agendas: Meeting Minutes Planning and Development Board Page 2 May 22, 2018 • May 15 City Commission Meeting included approval of Quantum Lakes Villas West Major Site Plan Modifications, Boynton Village & Town Center Master Plan, and corresponding site plan referred to as Cortina III. 6. Old Business—None Chair Katz swore in any Staff or public who may wish to testify with respect to the following items. 7. New Business Chair Katz disclosed he had met with Staff on the agenda items and with the representative from Wawa. A. Approve Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.13, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. Mr. Rumpf noted this item is a continuation of a 2015 study on gas station regulations. At that time, approximately half of 18 stations were non-conforming. No new stations have been constructed since then, and various areas void of gas stations were identified. One area was south of Woolbright on Congress to Delray, about a three and a half mile segment. Review of current analysis include: • Should additional stations be accommodated in the City; • What is the basis for detennination; • What are the impacts on the community from changes in land development regulations; and • Built-out condition of intersections. Benefits from additional stations include: • Considering aftermath of recent Hurricane Irma, impact of major stonn event; • Proliferation and lowering of community image, unlikely now given design standards and modern land development regulations; • Would amend land development regulations potentially lower the design standards and quality of a site and/or reduce safety, unlikely modern standards would allow it. Conclusions: • Minimal amendments could be made to land development regulations to accommodate a Wawa station with minimal impacts on City; • Open up door for future stations, but not without amending existing sites and going through site plan review; Meeting Minutes Planning and Development Board Page 3 May 22, 2018 • Minimal changes include increasing the existing two per section intersection standard to three gas stations per intersection standard, but limited to certain intersections. Mr. Rumpf showed and explained a map of Functional Classification of Roads (county- wide typology) and how the proposed change would require an urban principle arterial intersecting with a collector or another arterial roadway; • Eliminate minimum frontage currently unique to gas stations (225 ft. per side at a corner). Different zoning districts have minimum site standards, so would rely upon a standard applicable to that district (property could exceed the minimum on one side and short of the minimum on the other); • Omit minimum driveway distance separation between a driveway and a property line. • Control City-wide impact: such changes do not allow such uses to go unchecked, proliferating through the City; • Increasing gas stations use at future possible siting locations: must go through Site Plan Review. Mr. Vogel wondered about limiting maximum amount to three. Mr. Rumpf cited a conservative approach; limiting to higher intensity intersections; honors American business model/inarket system. Mr. Rumpf also explained the reasoning behind the ft-ontage changes coming down to minimum site standards within the zoning district as opposed to per-use standards. Mr. Vogel asked about the Strategic Plan and Climate Action, if there is any supporting documentation on these. Mr. Rumpf explained the recent electronic agenda system has been tailored and used for the advisory boards; it was initially just for the Commission; also, if a project should come before this Board that would require consideration of either of those items, this would change. In most cases these are not applicable. Chair Katz wondered if there is an existing or proposed regulation to provide a generator good enough to run the pumps when power is lost due to disasters. Mr. Rumpf stated the City has nothing more stringent than State statutes which requires if the station is within a certain proximity of an evacuation route, the station must be generator-ready(on-demand hookup). Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve Gas Station Regulations (CDRV 18-002)) -Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.1), Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. In a voice vote, motion passed unanimously(6-0). Mr. Wheeler recused himself on the next two items as the firm he works for provided the survey work for them. Chair Katz stated the next two items would be read together and then motions would be made separately. B. Approve Wawa Future Land Use Map Amendment & Rezoning (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC) and Rezone from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. Meeting Minutes Planning and Development Board Page 4 May 22, 2018 C. Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (CODS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine(9)pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP / Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. Ms. Miskel showed aerial view of the properties at the northeast corner of Woolbright and Congress,which is a commercial use intersection. Applicant is requesting an amendment of future Land Use Plan from office/commercial to local retail commercial. A concurrent application was also filed to rezone from CI to C3; the current intersections are already overwhelmingly C3. Asking for conditional use approval for a gas station within 200 feet of a residential zoning district. Ms. Miskel gave history and ownership of the Wawa company, and all the features that make this more than just a gas station." The site is long and narrow and the design has been adapted to fit. Design of the store interior was shown. Staff has recommended approval. Applicant has met with Leisureville Community on three occasions; eight letters of support from the Leisureville Community were submitted. Public benefits include employee partial ownership, many awards from diverse groups as a best place to work, community charities, and national/ community participation. Regarding generator hookup in time of emergency disaster relief, Wawa has a contract with a provider to bring a generator and hook it up within 12 hours after a storm has passed. Mr. Zonenstein wondered how many of the approximately 50 parking spaces are handicapped. The minimum is two spaces and those have been provided; however, there is room for two more as a condition of approval. Ms. Oyer had several points: • Reflective white be used instead of brown for the roof. The color scheme is part of the corporate image; have not looked into the use of reflective paint. Chair Katz reminded the Board that paint schemes are not within the purview of this Board, even considering environmental impacts. • Electric car charger spaces. Mark Hamilton of Wawa stated the current site has no charging spaces; however, Tesla picks sites in conjunction with a Wawa team, and some of the stores have them. • Elevation approaching canal, green space or cypress trees. Chris Rogers of Bohler Engineering commented the landscape at the back has a wall and landscape buffer which exceeds code requirements, one side has landscaped trees, the other just a wall and hedge; no cypress. • Art work: no art work, will be paying fee. • Solar panels: none. • Cool or wann lighting, as this affects nearby residents: Applicants did not know, will find out prior to City Commission meeting. Meeting Minutes Planning and Development Board Page 5 May 22, 2018 Mr. Vogel returned to the emergency impact of gas shortages with hurricanes, noting a two blocks footprint with 18 pumps and a large parking space. Ms. Miskel noted the Code requires parking sufficient for all of the uses of the building, which includes the restaurant, the convenience store, as well as employee parking. The minimum requirement is 46 plus the four handicapped spaces just agreed upon. Because it is not just a gas station, each of the uses must be addressed. Ms. Miskel added that 18 pumps is on the high end, their highest being 20 and lowest 6, and is more than the other two corners. Mr. Vogel expressed personal desire to see more pumps to serve community after a hurricane, and that Boynton Beach is not taking this matter seriously by making this parking a requirement. Mr. Gropper asked for clarification on ingress/egress which do not appear to be on the property. Ms. Miskel explained the challenge of the narrow site; Palm Beach County wanted the turn lane expanded and driveway pushed north, so much so that an easement from Lakeworth Drainage District has to be acquired, which meant the canal had to have a culvert. Also described was the connection to neighbors to the east for ingress. Chair Katz had a question for Staff about lighting, if the lighting type is in the City Code. Mr. Rumpf said no, not at this time. Motion made by Ms. Oyer, seconded by Mr. Gropper,to approve Wawa Future Land Use Map Amendment & Rezoning (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC) and Rezone from C-1 Office Professional to C-3, Community Commercial. In a voice vote, motion passed (4-1) with Mr. Vogel dissenting and Mr. Wheeler abstaining due to conflict. Motion made by Mr. Wheeler, seconded by Ms. Oyer, subject to all conditions of approval for two additional handicapped parking spaces to which applicant agrees, to approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (CODS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. In a voice vote, motion passed (4-1) with Mr. Vogel dissenting and Mr. Wheeler abstaining due to conflict. D. Approve Dog Activity World Group Conditional Use request (CODS 18-002) for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space,located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah Wickins. Mr. Wheeler disclosed that his firm did a survey two years ago,but not for the applicant. Ms. Wickins gave a PowerPoint presentation, stating her family background, education, and history of company, detailing the business plan, target of the market, and services to be offered. Pet care industry is one of the most stable growth industries. Essentially trying to create a Disney World for dogs, unique in entertaining dogs rather than a daycare facility of dogs just standing Meeting Minutes Planning and Development Board Page 6 May 22,2018 around, doing nothing. Focus on daily assessment of health and well-being of dogs in Boynton Beach. Ms. Oyer had several items to address: • Artwork or the art fee. Keith Chambers, architect, stated artwork inspired by local students is planned. • Hurricanes and power outages, specifically will pets be boarded at that time. Ms.Wickens stated the building is unique with the 7.5 inch concrete tilt walls and overhead shutter in front, safe environments for a shelter, working with landlord for generator to be available. • Length of dog run. Keith Chambers, architect,4800 N. Federal Highway, Ste. 205B, Boca Raton, replied the length of run has been revised to 160 feet. Motion made by Mr. Wheeler, seconded by Ms. Oyer, to approve Dog Activity World Group Conditional Use request (COUS 18-002) for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space,located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. In a voice vote, motion passed unanimously(6-0). E. Approve Zoning Use Amendments (CDRV 18-003) Amending the Land Development Regulations, Chapter 1,Article II. Definitions, and Chapter 3,Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. Mr. Rumpf made a review of the Staff analysis to accommodate known business activities or needs via business inquiries or independent findings by Staff. Intended to support growth in certain business sector, maintain logical code integrity, specifically supporting the Town Square Project. • Camping equipment,RVs,and boats to clarify zoning use category, add zoning district, allow storage of such larger merchandise items. Maintain separation and buffering, require site plan review. Staff has been working closely with the owners of the 88,000 sq. ft., long vacant building since Home Depot vacated, allow larger monument sign with art component to support the leasing of spaces to accommodate numerous business ideas. Outdoor World has closed on the property and will be one of the components for this space. • Civic, Fraternal Clubs, and Organizations (clean-up): clustered with several uses removed from industrial or commercial zoning districts and limited to certain zoning districts in the City, made use in the City legal non-conforming. Removed from PID zoning, currently non-conforming in PID would becoming a conforming use for dedicated parcels for office (Masonic Lodge would be principally an office use). • Contractors (clean-up): Code currently does not distinguish a contractor office from an operational location, such as a workshop. Creates an office-only contractor's use, placed in corresponding zoning districts as well as the PID and Ml. • Crematorium/Funeral Home: Changes allowance for stand-alone use rather than Meeting Minutes Planning and Development Board Page 7 May 22, 2018 restricted to accessories to funeral homes or cemeteries. Also adds pet services in conjunction with use as a crematorium service. • Essential Services and Infrastructure: Expands definition to include uses which are geographic-specific in the City, such as a district energy plant allowed in all zoning districts. • Rental of moving trucks and equipment: Want to support the industry in the City, would be added as an accessory use, indicating the uses to be accessory to. • Diet and Nutrition Center (clean-up): The only business under office category in the zoning matrix which doesn't allow the use in an office zoning district (Cl), should be under the Office/Health Care group. • Sale of Motor Vehicles: Expands current zoning provisions to allow sales as accessory to on-site assembly, customizing, or manufacturing of such uses. Currently allowed in conjunction with repair, but not heavier, more industrial uses. Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve Zoning Use Amendments (CDRV 18-003) Amending the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices,offices for civic/fraternal organizations,the sale of recreational boats and vehicles,diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. In a voice vote, motion passed unanimously(6-0). F. Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article II. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. Mr. Rumpf summarized brain-storming to help fix problems with Town Square Master Planning, specifically the relocation, construction of fire-station in combination with the district energy plant. It exempts such facilities from listed site standards. City reviews its own City Project and will uphold requirements and standards against same land development regulations. Mr. Vogel wondered about specifics on what the Town Square and police station need to get around whatever the encumbrances are. Mr. Rumpf deferred to the project leader, Assistant City Manager Colin Groff, who was not present, but summarized and gave examples of previous options. The cite now proposed is the best found to date. Mr. Vogel understands the City wants to spend $200+ million on revitalizing government buildings but doesn't want the encumbrances imposed on other, so the City will get special waivers so there is more flexibility to get around said encumbrances. Mr. Rumpf said that is worst case, could very well process variances that the Commission would be reviewing variance applications for relief on setbacks, etc., however, there aren't any optional properties available that would not require variances because the project is being held to higher standards than what other zoning districts are being held to. Meeting Minutes Planning and Development Board Page 8 May 22, 2018 Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article Il. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. In a voice vote, motion passed (5-1) with Mr. Vogel dissenting. 8. Other—None g. Comments by Members —None 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:54 p.m. [Minutes prepared by M.Moore,ProtoType-Inc.]