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Minutes 02-25-20 MINUTES a PLANNING AND DEVELOPMENT BOARD »� INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 25, 2020, 6:30 P.M. PRESENT: STAFF: Dr. James DeVoursney, Chair Ed Breese, Principal & Zoning Administrator Trevor Rosecrans, Vice Chair Danielle Schwabe, Assistant City Attorney Darren Allen Eleanor Krusell, Marketing Director Butch Buoni Lisa Tayar, Prototype, Inc. Tim Litsch Susan Oyer GUESTS: Chris Simon Josh Long, Planner, Gunster Law Firm Jay Sobel, Alternate Lyman Phillips, Alternate Chair DeVoursney 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. Buoni, seconded by Mr. Rosecrans, to approve the agenda. In a voice vote, the agenda was unanimously approved (7-0). 4. Approval of Minutes —January 28, 2020 Motion made by Ms. Oyer, seconded by Mr. Litsch, to approve the January 28, 2020, minutes. In a voice vote, the minutes were unanimously approved (7-0). 5. Communications and Announcements: Report from Staff Mr. Breese gave an update on the items from the January Commission meeting: The IPUD Code Review was approved on first reading; second reading at the next meeting. Mr. Breese introduced Eleanor Krusell, from City Manager's Office to give a short presentation on the Centennial Celebration events to be held throughout the year (see attached handout). Not all of the events will occur as they are contingent on budget and volunteer force;the calendar with proposed events include: • Post Card Contest(held in January). • Centennial Logo Contest(February). Meeting Minutes Planning and Development Board Page 2 February 25, 2020 • Postmark for mail from Boynton Beach(March), design to feature logo. • Post Card Campaign with schools, teaching children how to write postcards. • Free Beach Access on March 12 to commemorate purchase of Beach 100 years ago. • Blarney Bash(March) • "Reflection"unveiling at New City Hall Town Square (March) • Website will be updated to include videos from residents, visitors, and businesses. • Egg-Stravaganza(April). • Fire Station Opening (April 15). • Earth Date Celebration at Sarah Sims, distributing seed packets that say "Come Grow with Us in Boynton Beach" as well as 100 palm, orange trees, or native plants. • Landmarks Tours (May). • Time Capsule to include letters written by students to students 100 years in the future. • Mother's Day Tea at newly renovated Women's Club (May). • Police Station Grand Opening (June). • Free Play Day at The Links (June). • Centennial Main Event(Fourth of July), largest show in Boynton Beach history. • City Hall Grand Opening with first City Commission Meeting (July 21). • Time Capsule placed in the wall at City Hall (July 21). • Heart of Boynton Blues or Jazz Block Party and Cook-off(August). • Opening Cultural Center(September). • Local Church Dinner with Music (October). • Pirate Fest(end of October). • Hundred Turkey Give-Away (November). • Tree Lighting at Town Square and 50'h Holiday & Centennial Parade (December). • Centennial Gala at Cultural Center (December). 6. Old Business —None 7. New Business 7.A. REQUEST: Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LOR) and Medium Density Residential (MOR) to Local Retail Commercial (LRC). REQUEST: Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two-Family Residential District to C-2 Neighborhood Commercial District. 7.B. Approve request for Conditional Use and Major Site Plan Modification(CODS 20- 002/MSPM 20-002) for Southland Corp Tax Dept 41039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6)pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Meeting Minutes Planning and Development Board Page 3 February 25, 2020 Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. The presentation will be on all three items, followed by three individual motions to approve. All members of public intending to speak were sworn in. Josh Long, Certified Land Use Planner with Gunster Law Firm and a representative for 7- Eleven, gave the presentation, beginning with a summary of the facts. The site has been an active convenience store for 60 years. Proposed is a new 7-Eleven convenience store with a six-pump gas station. The developer has met with the local neighborhood association on February 19 and has received written email support from them. Aerials of surrounding businesses were shown. The FLU map amendment and rezoning amendments were shown and the property survey reviewed. The two adjacent properties (rental duplexes) have been purchased to allow room for development. The proposed site plan was reviewed, addressing the fourteen parking spaces and six pumps (smaller than existing but large enough to serve neighborhood needs). Architecture/elevations/facades were shown; current frontage has a lack of traffic patterns, no pedestrian walkways, no enclosures around dumpsters,no facade treatment, lack of landscaping. Problem situations are the very bad ingress/egress patterns; entire length of Woolbright is practically one continuous driveway; solutions were explained. Future landscaping plans include 43 shade trees and palms, 2,000 shrubs with butterfly-attracting plants, and more. Background of 7- Eleven was given, with the goal to completely change the 7-Eleven image nation-wide to be a true convenience store/neighborhood market. Before and after illustrations were given of the intersection with emphasis on SW 14'h and architectural features on all four sides. Finally, a review of technical aspects was given, noting compliance with all standards and that Staff recommends approval. Chair DeVoursney opened the floor to public comment. • David Katz, 67 Midwood Lane, Boynton Beach doesn't need another gas station; 7-Eleven shouldn't bother with gas station,just redo the store. In reference to the "30-foot taking," this is actually a right-of-way. This is an encroachment into a residential neighborhood, the landscaping would be nice, but the gas station is not needed. The Board should deny the 7.A. requests. • Paul Murray, 118 SW 8 Avenue, feels the area has long been under construction. That said, would like to know how much longer this project would take, what will be done to Fourteenth, when will it start and stop? What about addressing security and the drug issues in the area? Wonders if this is the start to the County taking property away while turning the area into a commercial neighborhood. • Tom Kane, 141 S.W. 14 Avenue, has many concerns including rezoning to a multi-use environment, putting fuel takes in a residential neighborhood, traffic flow, drug issues, inadequate sound wall, safety of children in neighborhood, concern about code enforcement of maintenance of landscaping, graffiti, trash. There are other areas already rezoned rather than making this neighborhood multi- use. Meeting Minutes Planning and Development Board Page 4 February 25, 2020 • Michael Agnello, office complex at 115 W. Woolbright Road, adjacent to this site. (Letter handed out.) No long-term objections to rezoning of residential property abutting Seacrest; however, objects to a gas station on the corner of Woolbright and Seacrest with environmental issues such as gas odors, hazardous leaks, and trash blowing. Also would bring additional traffic. • Matthew Marziliano, 122 SW 14 Avenue, has house next to development and was at neighborhood meeting; 25 attendees were not representative of the whole area. The gas station mentioned almost as an afterthought. Concerns include volatile organic compounds, property value decline, traffic. May be a visual improvement,but not a benefit to the whole neighborhood;possible FHA mortgage problems for properties near gas station. Neighborhood does not need gas station. • Jay Sobel, full time resident, wondered how critical the gas station is to the plans of 7-Eleven for an updated store and food market. Also ingress/egress,traffic effect on residential area, hours of operation of gas pumps,traffic study, gas smells and/or spills. • Tom Kane, 141 S.W. 14 Avenue, added his concerns about hours of operation for gas station and impact on neighborhood quality of life. Chair DeVoursney closed the floor to public comment. Mr. Long addressed some of the concerns: • The "30-feet" is owned by developer and were required to be given to Palm Beach County for right-of-way and therefore consider it to be a taking. Mr. Simon asked if the right-of-way would prevent structures only, would it affect paving or parking in that space? Mr. Long said Palm Beach County would own that land and their road would operate on that space;new developments would have to give 30 feet as well, depending on County needs to expand the road (eminent domain can be used to take whatever land is needed). Only use would be a green area with very light landscaping. • Security: With new convenience stores come modern, high-tech surveillance systems which feed directly to local police departments. • Pedestrian entrance: Required by City, even though neighbors oppose it; will agree to a condition if necessary; it can be closed off and have a wall continue instead. • There is no recycled oil at this facility. • Responsibility for landscaping maintenance: 7-Eleven insists franchisees of the new stores assume responsibility for high standard maintenance inside and out. • Traffic studies were submitted as part of the application which complies with City and County standards and deemed sufficient. • Landscaping will be of a size to automatically screen adjacent property from day of installation. • Mr. Sobel asked again if the gas station is a critical element for 7-Eleven to proceed with this project. And what are the hours of gas station operation, 24/7? If so,what is the impact of the lighting on the homes? Mr. Long said the convenience store operates 24/7 as well as the gas station. Also, a lighting study was submitted, Meeting Minutes Planning and Development Board Page 5 February 25, 2020 modern LED directional lighting will be used(zero foot-candle spillage at property line), and it complies with all lighting requirements. Shane Laakso, Creighton Development, 120 N. Federal Highway, Lakeworth, addressed the environmental concerns (vapors, etc.) and the safety measures 7-Eleven takes in the modern stores. Tank system/vent caps are vacuums and prevent vapors into the air; they operate as a safety mechanism (Mr. Laakso was unsure of what those conditions would be). The point being it is not constantly emitting; it is vapor tight lines, tanks and piping are double-walled with sensors in second containers made of fiberglass with no corrosion. Mr. Buoni asked about stormwater. Mr. Laasko said stormwater is taken care of on-site, through exfiltration trenches in the driveway and swales where possible. Brandon Wolf, Senior Real Estate Representative for 7-Eleven, spoke of environmental concerns, specifically gas stations being highly regulated. Also, customers in the existing store have asked for an opportunity for gas over several years. Mr. Rosecrans cited ordinance on gas stations being located 200 feet from the boundary of a residential zoning district;this plan looks to be only 50 feet away. Why should the Board be entertaining this option? Mr. Breese said it moves from "allowed by right" to "conditional use" if it is within that distance, and then is up to buffering and other efforts to ameliorate any of those concerns or conditions that come with a gas station. Mr. Rosecrans voiced health concerns and safeguards from vapors. Mr. Kane agreed, also concerned that the canopy being only 50-feet away would add to light and noise pollution as well as the toxic chemicals. Ms. Oyer had several issues: • Sees no need for gas; many other stations in the neighborhood. • Objects to changing Code to LRC. • Encroachment of gasoline into single-family neighborhood. • No other commercial, why adding it to this location. • Agreed that duplexes are an eyesore, and drugs are a problem. • Maybe a better alternative is to have a bigger 7-Eleven; add a corporate partner like Dunkin; make a neighborhood market. • Objects to environmental impact. • Fine with the height, 20 feet 3 inches; appropriate for neighborhood. • Board does not need to approve this as is; can easily motion to take out gas portion. • Only one handicap parking space, should be at least two. • No electric car chargers; more high-speed car charger units are needed. • Objects to majority of trees being palm trees; Mr. Breese says not subject to the ordinance as the plan does not meet the 5,000 sq. ft. minimum threshold. • Objects to other plantings, such a fire bushes and excessive palm trees; suggests sweet almonds and more shade trees. • Objects to beige, which absorbs heat rather than reflects. Meeting Minutes Planning and Development Board Page 6 February 25, 2020 • Wonders if solar generators will be put on the flat roofs. • What about generators for when hurricanes come? Mr. Long said all new 7-Elevens come prewired for portable generators which are serviced by a vendor as needed. Mr. Litsch wondered about prior rezoning of LRC or C2 property immediately adjacent to RIA. Mr. Breese said WaWa was changed in close proximity to residential, but could not think of any that rezoned actual residential. Staff looks at this as a primary intersection within the City of areas that are going to redevelop over time. This may be the first step in that direction; typically these changes begin at corners of major intersections in urban areas. Mr. Litsch noted that the dumpster and loading platform locations are in practically in Mr. Marziliano's side yard and driveway; propane tanks are next to the wall that is supposed to keep him safe and silent. Is there any way to move the dumpsters somewhere else? Mr. Breese said this item is difficult to place on a site due to pickup by the trucks; dumpster must be 20 feet from property line and will be within an enclosure with an 8 foot tall wall at perimeter with landscaping above the wall as additional buffer. Staff had this concern on this and other properties across Fourteenth, for landscaping above and below wall to deaden sound as much as possible, and to shield light. Mr. Breese reiterated that the 30-foot taking will eventually occur all the way down to I-95; this is the way cities develop over time and is required for traffic in the area. Discussion ensued with various scenarios that could follow, of note was a comparison between this site and the RaceTrac. Mr. Buoni wondered what constitutes low intensity commercial and where does the gas station fit in along side a residential neighborhood. Mr. Breese corrected the language to local retail commercial rather than low intensity, which is C2 neighborhood zoning found such as driving down SW 23rd where some houses have been converted into doctor offices, CPAs, lawyers, etc. Mr. Buoni understands that and it does not include a 24-hour gas station. Mr. Breese said that is why buffer zones to mitigate what will inevitably happen, as it has along Federal Highway. Mr. Simon voiced mixed emotions, wondering about a study that indicates a need for a gas station in this area. Mr. Wolf said the need was expressed by customers that actually come into that specific store, not the franchisee. Southland Corporation (7- Eleven, Inc.) owns the vacant property where the parking lets out, and customers wondered if there was any way to add gas. From the real estate approach, the concept was put together with just what is already owned; when no plan could be found, the other properties were put under contract. Mr. Wolf explained their concept in depth and what resulted in the current site plan. Traffic patterns and customer requests for one-stop shopping in the morning hours was also explained. An extended discussion followed operating 24 hours, especially as a 7-Eleven company policy. Mr. Simon next wondered about future development, such as along Woolbright, and whether this was opening the door to rezoning on the east and west side of Seacrest. Mr. Breese said that Staff over the next couple of years will be doing a planning study on Woolbright Road. As to Seacrest, it has mostly multi-family zoning on both sides Meeting Minutes Planning and Development Board Page 7 February 25, 2020 of the road. The redevelopment of the City Hall site will bring development interest in the Seacrest corridor, which could be a mix, professional/office setting, or live/work developments that have limited clientele. In due time, it will become less desirable to have residential along major thoroughfares as traffic and development increases. Mr. Simon voiced concern that the illegal activities that take place in the area take place off-site as a result of a gas-station/convenience store and that upgrading this facility would change those activities,perhaps even increase it. He wondered if there had been an EPA study that had been submitted with the application. Mr. Breese said, no, that is something that is done during the permitting process. Finally, he commented that the design is non-descript, not necessarily an upgrade, and black olive trees are a nuisance; also, it was difficult to tell if views around the perimeter are left open to prevent certain illegal activities. Ms. Oyer wondered about the required artwork in a new development. Mr. Long said they are paying into the fund. Ms. Oyer suggested perhaps a neighborhood mural project on the blank walls, taking ownership and discouraging graffiti problems. Chair DeVoursney asked if the project would be viable without the pumps. Mr. Wolf said he did not have an answer; the site has been approved internally, based on their financial models with gas; they would have to go back to corporate to produce that alternative. Chair DeVoursney said that the CRA Comprehensive Plan on Boynton Beach Boulevard does show commercial expansion one block north and one block south, so that shows what is going to come. However, if the Board does approve the change from low density residential/medium density residential to local retail commercial and the rest of this does not get approved, do that make this an open-ended project for anybody else to develop that site. Mr. Breese said that developer would have to come in with a site plan for whatever else is proposed for that site. David Katz, resident, had procedural comment: The motion should be made to approve, with a second to approve, and if someone wants to vote against, that is when the nay vote is cast; the motion should not be made to deny. Motion made by Mr. Allen, seconded by Mr. Litsch, to approve request for 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LOR) and Medium Density Residential (MOR) to Local Retail Commercial (LRC). In a roll call vote, the motion failed (3-4) with Mr. Rosecrans, Mr. Simon, Mr. Litsch, and Ms. Oyer dissenting. Motion made by Mr. Simon, seconded by Mr. Litsch, to approve request for 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single-and Two- Family Residential District to C-2 Neighborhood Commercial District. In a roll call vote, the motion failed (3-4) with Mr. Rosecrans, Mr. Simon, Mr. Litsch, and Ms. Oyer dissenting. Motion made by Ms. Oyer, seconded by Mr. Litsch, to approve request for Conditional Use and Major Site Plan Modification (CODS 20-002 / MSPM 20-002) for Southland Corp Tax Dept Meeting Minutes Planning and Development Board Page 8 February 25, 2020 41039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six(6)pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). In a roll call vote, the motion failed (1-6) with Mr. Allen approving. 8. Other—None 9. Comments by Members —None 10. Adjournment Motion to adjourn was duly made and seconded. The meeting was adjourned at 8:30 p.m. Attachments: Handout Boynton Beach Centennial Celebration [Minutes prepared by M. Moore,Prototype,Inc.]