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Minutes 09-25-18 MINUTES PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA TUESDAY, SEPTEMBER 25, 2018, 6:30 P.M. PRESENT: STAFF: David Katz, Chair Mike Rumpf, Director of Development Malcolm Gropper Ed Breese, Principal & Zoning Administrator Susan Oyer Mike Simon, CRA Trevor Rosecrans Ryan Abrams, Asst. City Attorney Floyd Zonenstein Amanda Bassiely, Planner Butch Buoni, Alternate Lisa Tayar, Prototype, Inc. Lucas Vogel, Alternate ABSENT: Kevin Fischer, Vice Chair Stephen Palermo APPLICANTS/SPEAKERS: Craig McDonald Bradley Miller Christina Belt Wayne Bertino Dave Bodker 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 Upon motion duly made and seconded, the agenda was approved. 4. Approval of Minutes - n/a 5. Communications and Announcements: Report from Staff Chair Katz reported that he and Mr. Vogel had attended a training symposium. Of interest was that other planning officials took questions so the presentations felt very relevant. Craig Fugate, former FEMA director under President Obama was the keynote speaker. At last meeting, Chair Katz asked members to submit to Staff any sustainability items and is reminding members to email most important ideas. Meeting Minutes Planning and Development Board Page 2 September 25, 2018 Mr. Breese reported that Goodstone Townhomes has been tabled at the request of the applicant, so it was not heard by the Commission at the last meeting. The Commission did approve the 125 East Boynton Beach Blvd. recommendation 6. Old Business 6.A Approve Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15-foot wide alley running east / west from Seacrest stthth Boulevard to NE 1 Street, between NE 4 Avenue and NE 5 Avenue. Applicant: Michael Simon, CRA Executive Director. Ms. Oyer was recused due to conflict. General consensus was that no one on the Board needed a presentation on this minor abandonment. Chair Katz opened floor for public comment but hearing none closed the floor and called for a motion. Motion made by Mr. Gropper, seconded by Mr. Rosecrans, to approve Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15-foot wide alley stthth running east / west from Seacrest Boulevard to NE 1 Street, between NE 4 Avenue and NE 5 Avenue. In a voice vote, the motion passed 6-1 (with Ms. Oyer abstaining). 7. New Business st 7.A. Approve NE 1 Avenue Abandonment (ABAN 18-003) abandoning the improved 45 st foot wide right-of-way running east / west from NE 1 Street, for a distance of approximately 447.09 feet, towards Seacrest Boulevard. Applicant: City of Boynton Beach Ms. Bassiely noted the item is about a 450-foot stretch tied to the Town Square Project; this is the road in front of City Hall and where employee parking was. Employee parking will be underground in the parking garage, so City wishes to abandon the right of way. Part of the road near Seacrest will provide access to the parking structure. Chair Katz then opened the meeting for public comment, seeing none, returned to Board for motion. st Motion made by Ms. Oyer, seconded by Mr. Rosecrans, to approve NE 1 Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/west from NE st 1 Street, for a distance of approximately 447.09 feet, towards Seacrest Boulevard. In a voice vote, the motion passed unanimously (7-1). 7.B. Approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18-006 / MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Edward Ploski, Corporate Property Services, Inc. Meeting Minutes Planning and Development Board Page 3 September 25, 2018 Craig McDonald gave a presentation for the Applicant, requesting site plan approval for a McDonald’s restaurant. Conditional use is consistent with criteria found at LDR Section 3 Article 4. Access to the site and adjoining properties, parking, installation of a bus shelter, pedestrian ADA connection, signage, elevations, lighting, recycling, and trash handling were all discussed. Chair Katz opened the floor for public comment.  Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, asked for clarification of the actual site, which was explained. Chair Katz closed the floor to public comment. Mr. Vogel expressed disappointment with City allowing shortage of infrastructure for emergency preparedness such as gas stations rather than yet another restaurant. It was noted by Staff that there are gas stations on the other three corners of this intersection. Mr. Gropper asked about the ingress/egress fiscal impact on city services. Mr. McDonald explained the site map, especially Congress Avenue. Mr. Breese stated the services are limited, waste pickup, calls for services like any other retail, which would include fire/emergency and police. Ms. Oyer noted:  The lighting is cool white lights, and would prefer warm white lights for health concerns and landscaping; Mr. McDonald said that can be changed and this will be a condition to approval.  Four handicap parking spaces and the lack of electric car charger stations; Mr. McDonald said that because this is a fast food restaurant, not enough time would be spent there for someone to charge.  On the landscaping on the west side of the drive through, perhaps sweet almond could be substituted in places to attract butterflies; Mr. McDonald said could be done, and will be made a condition of approval. Discussion followed on other fine points of the landscaping plans. Mr. Rosecrans asked about the drainage. Christina Belt, Engineer with Kimley-Horn, explained the existing on-site drainage will be used, with some additional trenches to accommodate the extra treatment and storage that is needed. Chair Katz said Staff has noted the lack of desire for office space, yet another project to be discussed later will be office space. It seems the highest and best use for the property has not been met for this property; nor does Boynton Beach need another fast food restaurant; and does not intend to vote for this. To Staff, Chair Katz asked if this is something under the City Code would be required to approve. Staff replied that because this is conditional use, it would not be required. Finally, Chair Katz suggested the City wait to have a better use on this piece of property. Mr. McDonald interjected that this will be an employment opportunity for residents, it has been vacant Meeting Minutes Planning and Development Board Page 4 September 25, 2018 for many years, and if offices were going to come they would have by now, also, that the market drives the decision to develop as proposed. Ms. Oyer asked about the existing McDonald’s across the street; Mr. McDonald noted when the new gas station goes in, it will be closed and relocated to this site; the new McDonald’s will be larger with more employment opportunities. Mr. Breese stated an understanding of the Code is that, yes, it is a conditional use (not requiring Board approval); however, if it meets the criteria of all of the conditions necessary for reviewing conditional use, it should be approved. This project meets the criteria. Motion made by Mr. Rosecrans, seconded by Mr. Gropper, to approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18-006 / MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district, with additional conditions noted. In a roll call vote, the motion failed 2-5 (with Mr. Rosecrans and Mr. Gropper voting yes). In further discussion, Mr. Gropper asked about the motivation for the existing McDonald’s to move from across the street. Mr. McDonald noted the site will be a larger, freestanding restaurant with a double drive-through. The kitchen is a larger operation, requiring more employees than those who will transfer from the existing restaurant. Mr. Katz ascertained that the next three items can be heard at the same time and voted upon individually: 7.C. Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18- 001) from Office Commercial (OC) to Mixed Use Low (MXL). Applicant: Exsorro One, Inc. Approve 1320 S. Federal Highway Rezoning (LUAR 18-001) from C-1, Office Professional to MU-1, Mixed Use 1. Applicant: Exsorro One, Inc. 7.D. Approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements. Applicant: Exsorro One, Inc. 7.E. Approve 1320 S. Federal Hwy. Office Building Height Exception (HTEX 18-001) to construct an office building in a MU-1 (Mixed Use 1) zoning district with architectural features up to 54’-10” in height, 9’-10” above the maximum allowable height. Applicant: Exsorro One, Inc. Bradley Miller, Miller Land Planning, gave a presentation on the three items, showing aerial of surrounding properties and noting the change of zoning to Mixed Use Low to follow the Master Plan. The land use plan and zoning maps were also shown. Height exceptions are similar to others the Board has seen and allowed for. Plans allow for medical office space, mixed use, retail, and even an art museum (personal art collection of local dermatologist made available to public during Meeting Minutes Planning and Development Board Page 5 September 25, 2018 business hours, but can be viewed from the street through the windows). Total 45 parking spaces, above 43 required, are provided. Parallel spaces along Riviera Drive creates more of an urban feel. Riviera Drive will be regraded and redesigned to help with drainage issues. The landscape plan featuring native plants, elevations, floor plan were all discussed, as well as the trellis and open space area on the roof. Height exception is to add architectural features for the open stairwells and elevator shaft. Second and third floors will have cantilevered, covered pedestrian areas. A narrated video presentation of proposed site was given. Finally, fire and emergency access were discussed. Chair Katz opened the floor for public comment.  Linda Warden, 641 Riviera Drive, spoke in opposition. Concerned about flooding issues, canal drainage, environmental impact on canal. Questions need for more retail in area. Concerned about the number and type of employees for office spaces affecting nearby parking, as well as the resulting traffic issues.  Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, wondered about interaction with Snug Harbor residents (Staff claimed there has been none), suggested it might be a good idea. Concerned that this is a residential street, and wonders if a daily traffic count has been done. Questioned need for height exception, concerns about parallel parking and “urban feel.”  Dr. Cathy Appleton, office at 1200 S. Federal Highway, spoke in opposition. Concerns included flooding, rising tides, and drainage, parking issues, height of nearby buildings, parking flow, excess of unrented office space in area, setback requirements with zoning changes, locations of fiber optics and gas lines.  Kathleen Henderson, 654 Riviera Drive, spoke in opposition. Has hard time with road visibility, traffic flow and safety. This project as planned is too big for neighborhood.  Ray Henderson, 654 Riviera Drive, spoke in opposition. Building is larger than it needs to be for a doctor’s office; parking on street is not needed, instead could make building smaller and have parking fit within the building project.  Capt. Jeffrey Hoffberger, 643 Riviera Drive, opposed to project. New to area, has put $1.35 million in renovating his home, neighborhood has chased three sober homes off Riviera Drive, already have a flooding problem, as well as problems moving boat trailers on the street, and do not want extra traffic. A gate was suggested. Chair Katz closed the floor to public comment. Mr. Miller responded to concerns from public comments:  Drainage: current road is old; property has no drainage system at all; development will improve drainage by providing a system. Mr. Rumpf was asked about the drainage problem, but was not familiar with it at this time; Mr. Miller described the area of road improvement.  Traffic/parking: zoning code gives parking options for number of spaces; sustainable parking methods such as heat-absorbing covering, trees that will mature into a canopy over it; LED lighting. Parallel spaces positively experienced elsewhere, “urban feel” as in downtown Ft. Lauderdale, wider areas of pedestrian space, alternate transportation of bicycles and scooters and buses. Meeting Minutes Planning and Development Board Page 6 September 25, 2018  Turnaround: explained scenarios would be in parking lots, not in front of closest space.  Retail skin care products on ground floor will be part of doctor’s operations; high end stores and office, 10-15 employees are highly skilled.  Height exception: height of the building is below code level with exception of the corners to accommodate stairwells and elevator equipment, to just under 55 feet.  Trees and trellis on roof deck: point taken about safety of such items during 150 mph winds. It will be to code, complying during permitting process.  Traffic study done; reviewed by County staff; and is an area to promote development. Traffic would be less than a restaurant in the same place.  Will reach out to residents of Snug Harbor.  Mr. Breese stated 422 notifications were sent out within 400 foot radius of site, including the HOAs. Mr. Rosecrans wondered if pretreating storm water was required before being released. Mr. Miller said yes, and this should address the concern about drainage into the canal via the exfiltration system under parking lot. Also, the roof is not “green” from a sustainable standpoint, but water will go into stormwater system. There is no existing drainage that has yet been discovered. Mr. Vogel commented as to one of the nicer buildings he has seen, but out of respect to the public comments, began a discussion about rezoning on Federal Hwy., higher density, and long term vision for the corridor with bike lanes, etc. This project, even with no changes in height would probably be one of the smaller developments up and down this corridor; however, suggested less stories (cut by 1/3 to 1/2). Ms. Oyer had several points:  Expressed thanks for all the proposed landscaping and environmental concerns.  Discussed artificial turf versus green grass. Wayne Bertino, partner in development, and one of the architects explained the roof top patio vision was for a mixture of different textures, grass, rocks, furniture, art, to accent walking spaces, seating, and yoga areas. Ms. Oyer suggested real grass to aid water drainage as turf gets very hot, and puddles during rain. Mr. Bertino assured there would be a white roof and light-colored building paint as well to reflect sun.  Bio-barrier explained by Dave Bodker, Landscape Architect, as protection for surrounding paving or underground utilities, to keep roots from getting to these places.  Wondered about art; Mr. Miller said the Art Commission has not been approached yet, but intent is to utilize the museum space on ground floor, open to public during business hours and visible 24/7 from the outside. Mr. Gropper clarified if the building was basically a single-user building. Mr. Miller said the doctor would be the principal user, but there is space for other practices/doctors. The retail component will be related to the dermatology practice. Other concerns were the drainage needs, which will be handled by an exfiltration system under parking lot, not an open drainage area, and will not compound the existing drainage problems. Meeting Minutes Planning and Development Board Page 7 September 25, 2018 Mr. Gropper asked Mr. Breese concerning the 13 proposed off-site parking spaces, whether they can have time-restrictions for business hours only, no parking on weekends and evenings; Mr. Breese will bring this up to the City Engineer and Public Works Director. Chair Katz clarified with Mr. Breese about the usual height of a building floor, which would be about 15 feet per floor. Also noted was that the applicant’s business plan is not in the purview of this Board. Mr. Katz felt this project was in the highest and best use for this particular spot on Federal Highway. Suggested changes to the plan, not conditions of approval, included more shade trees rather than grass; electric car charger; and adding handicap spot, not necessarily van accessible. Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-001) from Office Commercial (OC) to Mixed Use Low (MXL). Approve 1320 S. Federal Highway Rezoning (LUAR 18-001) from C-1, Office Professional to MU-1, Mixed Use 1. In a voice vote, the motion passed 6-1 (with Mr. Vogel dissenting). Motion made by Ms. Oyer, seconded by Mr. Buoni, to approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements, with all conditions of approval. In a voice vote, the motion passed 6-1 (with Mr. Vogel dissenting). Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve 1320 S. Federal Hwy. Office Building Height Exception (HTEX 18-001) to construct an office building in a MU-1 (Mixed Use 1) zoning district with architectural features up to 54’-10” in height, 9’-10” above the maximum allowable height. In a roll call vote, the motion passed 4-3 (with Mr. Buoni, Mr. Rosecrans, and Mr. Vogel dissenting). Chair Katz added to the residents, in regards the drainage issue, the City is getting over $3 million a year through the Penny Sales Tax, and recommends contacting Colin Groff, Assistant City Manager, to talk about improving drainage under Riviera Drive. 8. Other - none. 9. Comments by Members - none. 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 8:18 p.m. \[Minutes prepared by M. Moore, Prototype, Inc.\]