PALM BEACH COUNTY LAND DEVELOPMENT REGULATION ADVISORY BOARD (LDRAB) LAND DEVELOPMENT REGULATION COMMISSION (LDRC) Minutes of May 26, 2010 Meeting On Wednesday, May 26, 2010 at 2:00 p.m. the Palm Beach County Land Development Regulation Advisory Board (LDRAB), met in the First Floor Conference Room (VC-1W-47), at 2300 North Jog Road, West Palm Beach, Florida. A. Call to Order/Convene as LDRAB. 1. Roll Call Chair Wes Blackman called the meeting to order at 2:00 p.m. Ann DeVeaux, Code Revision Zoning Technician, called the roll. Members Present: 10 Members Absent: 3 Wesley Blackman, Chair (PBC Planning Congress) Gary Rayman (Fl. Soc. of Prof. Land Surveyors) David Carpenter, Vice Chair (District 2) Rosa Durando (Environmental Organization) Raymond Puzzitiello (Gold Coast Build. Assoc.) Joanne Davis (District 1) Michael Cantwell (PBC Board of Realtors) Vacancies Maurice Jacobson (Condominium Assoc.) Vacant (League of Cities) Barbara Katz (District 3) Vacant (Florida Engineering Society) Jim Knight (District 4) Vacant (A.I.A.) Lori Vinikoor (District 5) Vacant (Assoc. Gen. Cont. of Am.) Mike Zimmerman (District 6) Vacant (Mem. At Large, Alternate) Martin Klein (District 7) Vacant (Mem. At Large, Alternate) County Staff Present: Lenny Berger, Assistant County Attorney Jon MacGillis, ASLA, Zoning Director Maryann Kwok, Chief Planner, Zoning Barbara Pinkston-Nau, Principal Site Planner, Zoning William J Cross, Principal Site Planner, Zoning Monica Cantor, Senior Site Planner, Zoning Bryan Davis, Principal Planner, Planning John Rupertus, Senior Planner, Planning Ann DeVeaux, Zoning Technician, Zoning 2. Additions, Substitutions, and Deletions An Amendments to the Agenda sheet was presented, which included: Part #1: Exhibit B, Civic Pods was deleted for further review; Part #2: corrects a scrivener s error in the PDD Use Matrix for Place of Worship; Parts #3-6: pertain to the URAO, and deletes repetitive language and acronyms; relocates the Standard District language from Art. 3.C.1.H.3. to Art. 3.B.17.B.4.b; and reorganizes Outdoor Uses related to drive thru uses and gasoline facilities. 3. Motion to Adopt Agenda Motion to adopt as amended by Martin Klein, seconded by Raymond Puzzitiello. The motion passed unanimously (9-0). 4. Adoption of April 28, 2010 Minutes (Exhibit A) Motion to adopt by Maurice Jacobson, seconded by Martin Klein. The motion passed unanimously (9-0). B. ULDC Amendments 1. Exhibit B: Article 3 Overlays and Zoning Districts Exhibit B was deleted as item #1 on the Amendments to the Agenda sheet. 2. Exhibit C: Article 7 - Landscaping Ms. Nau stated that the amendment authorizes the Zoning and Land Development Divisions to approve a maximum five foot overlap of detention/retention areas, swales, and drainage easements into required landscape buffers as long as the overlap area is not more than one foot below grade. Motion to adopt by Martin Klein, seconded by Maurice Jacobson. The motion passed unanimously (9-0). 3. Exhibit D: Urban Redevelopment Area Overlay (URAO)
Mr. Cross provided a summary of the URAO and the Priority Redevelopment Area (PRA), which: clarified the boundaries of the URA as it was approved by the Board of County Commissioners (BCC) when the Comprehensive Plan was amended; highlighted the affected Priority Redevelopment Area (PRA) corridors which focus on commercial revitalization and clarified that Future Land Use changes to Urban Center (UC) and Urban Infill (UI) that took place within those corridors; noted that the public has been notified thru news releases, information meetings charettes, and BCC public hearings at time of approval of Comprehensive Plan amendments; mentioned that rezoning and code amendments are occurring concurrently, and the Zoning Division scheduled two additional public information meetings; outlined rezoning dates, future land use changes to the Comprehensive Plan (Plan) related to this issue such as drainage, and; stated that the infill subcommittee held several meetings without a final recommendation to LDRAB due to a lack of LDRAB members attendance as it is required for quorum. Summary of Amendments Parts 1, 7 & 8: Deletes the Lake Worth Commercial Corridor Overlay (LWCCO) from the ULDC as it was deleted from the Comp Plan in Round 2009-02. Part 2: Corrects a scrivener s error to non-conforming uses. Discussion resulted in allowing a 50 percent limit for maintenance renovation and disaster damage repair. Expansion would have to be in compliance with the Code for the PRAs. Part 3: Adds new PRA definitions and acronyms. On page 13, as included in the Amendments to the Agenda item #3, the definition for Specialized Development district was deleted. Part 4: Expands the Pre-Application Conference to accommodate standards for the URAO, details the transect zones and allows rezoning to IR, UC or UI to use a Preliminary Master Plan. Part 5: Scrivener s error; cites of all previous ordinances used in the amendments. Part 6: Clarifies that an application may require a master plan, site plan or subdivision plan. Discussion ensued regarding whether the language should state adverse testimony versus testimony be it from the agent or applicant from Public Hearing. The language remains unchanged. Part 9: Establishes the URAO; key points summarized as follows: the purpose and intent is similar to what was presented for the IRO. it has been calibrated to address the specific Plan policies and the Treasure Coast Regional Planning Council Corridor Study and Master Plan applies only to those areas that have a UC or UF future land use designation. Mr. Cross explained the zoning district requirements. The County is initiating the rezoning to expedite the process. Since the land use is already in place, each parcel will not need to be rezoned on a case by case basis. Most projects can comply with the ULDC and go through the DRO approval process. However, the Specialized Development District is a district that allows for some deviations from the requirement of the Code, specifically to the building types and the building placement which would be approved by the BCC. Conditional uses and a SD rezoning would require BCC approval. Amendment to the Agenda sheet on page 2, item #4 relocates language from the Specialized Development Districts of the URAO. Mr. Cross pointed out that only projects that are subject to the requirements of the PRA Traffic Concurrency Exemption Area (TCEA), which allow for more intense development, may be required to develop as mixed use. The TCEA is within the Traffic Element of the Comprehensive Plan. If successful, the TCEA policy will be updated by the Planning Division. Waivers may be granted in some instances where the Zoning Director has the authority to waive a percentage of a standard provided the criterion is met. Appeals may be heard by the Zoning Commission. He stated that the design principles follow a form-based code where buildings must be placed up to the street and all parking must be placed behind the building. The URAO focuses on creating walkable streetscapes and pedestrian sidewalk amenity zones. Discussion ensued regarding the areas designated as slip streets and road dedication. Page 18, lines 29-35, Mr. Cross will revisit the language to make it less ambiguous. Mr. Davis agreed and explained the relationship of slip streets to the Treasure Coast Master Plan Document. These slip street areas are also designated on a map. On page 18, line 30, the word are required was changed to may be permitted. Bryan Davis further clarified the use of slip streets.
Page 19 illustrates typical examples of primary and secondary street frontage. Page 20-21 details PRA transects zones and subareas which are the range range of development between urban centers and nature. Page 21, line 18 which states, Maximum Percentage of Overall Parcel, Mr. Blackman expressed his concern regarding the parcel standard indicated in Table 3.B.17.E PRA Sub-area Transect Standards. Mr. Cross and Ms. Kwok suggested that the second layer of restrictions should be deleted. Mr. Cross highlighted additional building types such as mixed use, block liner, civic buildings and row house and apartment building. Page 22-27 addresses parking, streetscape and usable open spaces and General Uses Permitted by Building Type or Floor, interconnectivity standards, building standards, and building property development regulations. Additional discussion ensued regarding: Drainage and paving; Mr. Carpenter and Mr. Blackman commented that the drainage is a major issue for slip streets should be addressed if lots are covered in paving. Transect zones creates three subareas for the urban center and two for the urban infill. parking behind buildings. interconnectivity. *Barbara Katz arrives Public art; On page 22, line 10, public art is being removed and replaced with accommodations for art. Page 28-29 addresses maximum building height which 15 feet per floor for 3- story buildings and was regulated by prior subcommittee meetings. It was clarified that buildings adjacent to residential parcels will be limited to 3 floors and will have additional setback restrictions. It also addresses green building certification. Mr. Puzzitiello questioned who approves the certification and Mr. MacGillis answered LEEDS or Florida Green Building and any other approved process may be permitted subject to approval from Planning and Zoning. Page 30-31 address architectural design standards such as screening and drive through gasoline service facilities. Item #5 on the Amendments to the Agenda sheet reorganizes the outdoor uses portion on page 31, Exhibit D, part 9 lines 10-22. Page 32-33 outlines the PRA Permitted Use Schedule. Mr. Cross mentioned that this table is driven by the subzones to have the most intense uses along the most important roads in order to mitigate impact to adjacent uses. It was suggested that the key notes be indicated on every page and add the letter P for permitted. Page 34 addresses streetscape components, planting amenity zones, and pedestrian circulation zones. Mr. Blackman questioned line 14 on page 34, art being placed in the pedestrian part of the public realm. On line 12, public realm, and line 14, part of the public realm will be deleted and replaced with the word area. Page 35-37 addresses parking. Page 38-39 details criteria for PRA waivers. Page 40-42 outlines the standards to implement the UC, UI and SD districts required by the Plan. Item #6 on the Amendments to the Agenda sheet adds a general definition of the Urban Redevelopment Area zoning districts and deletes/relocates additional Specialized Development district requirements. These standards were moved into the overlay. Page 43-45 addresses the required Workforce Housing Program, the MGTS Tier Requirements, and Zoning Commission authority. **Michael Zimmerman leaves Public Comments Mr. Whiteford stated some of his concerns regarding the URAO are the creation of excessive nonconformities, the impact on owners to maintain businesses, and protection the property owner s rights. Other concerns included: listing items such as dumpsters as Master Plan related which is not; DRO approval process requirement for all projects wherein the matrix shows a P for permitted; Slip Roads which are not required as is indicated on page 18; Civic buildings such as a church to be made to look like a two-story building;
Compliance with LEEDS; Insufficient time to study the impact of the regulations; and Allowance for more time to put economic plan and drainage plan in place. Chris Hansen, owner of a property on Lake Worth Road, stated that he opted for the URA because it upgrades his property to commercial. He was concerned with whether he would take a loss if the property is sold due to nonconformities in the PRA. Joni Brinkman, Council Member of Palm Springs, Treasure Coast Regional Planning Council and an infill subcommittee member. She participated in the development of the initial master plan for the URA. She gave an overview of how the URA works within the City of Palm Springs and stated that majority of Palm Springs land area is in the PRA area. She stated that PRA properties in the village will not be required to implement this type of form based development unless it utilizes the TCEA. She stated that even though there was not a quorum at the URA subcommittee meetings, the general consensus was that the subcommittee was in overall agreement to move forward with the implementation. She commended the Zoning Division undertaking of a difficult plan of implementation that was originally created by Planning. Before the motion, Mr. MacGillis requested clarification on the URAO renovation percentage. Mr. Klein asked Mr. MacGillis for Staff s recommendation on 30-50 percent renovation to non-conformities. Mr. MacGillis responded that Zoning Staff would recommend 50 percent consistent with IRO standards and not 30 percent. Motion to adopt as amended by Martin Klein, seconded by Maury Jacobson. The motion passed unanimously (9-0**). 4. Exhibit E: Traffic Performance Standards Reordered under Item B.4. Reconvene as LDRAB Adjourned as LDRAB. C. Convene as LDRC 1. Proof of Publication Motion to approve, by Martin Klein, seconded by Maurice Jacobson. The motion passed unanimously (9-0**). 2. Consistency Determinations John Rupertus, Senior Planner stated that the proposed amendments B.2 thru B.3 were consistent with the Comprehensive Plan. Motion to approve consistency determination by Martin Klein, seconded by Maurice Jacobson. The motion passed unanimously (9-0**). Adjourned as LDRC. D. Reconvene as LDRAB ULDC Amendments Continuation of item B.4. of the agenda and Places of Worship as included in part 2 of the Amendments to the Agenda. Exhibit E: Traffic Performance Standards Mr. Berger stated that the amendment provides a definitive basis for evaluating link and intersection improvements proposed by applicants to meet TPS standards. The language is also being revised to maintain consistency with Section 2.B.2. Motion to approve, by Martin Klein, seconded by Maurice Jacobson. The motion passed unanimously (9-0**). Amendment to the Agenda Place of Worship Mr. MacGillis stated that item #2 on the Amendments to the Agenda sheet corrects a scrivener s error made by Staff for Place of Worship in the PDD Use Matrix under Public and Civic Uses to be a Requested Use approval which was contained in the Amendments to the Agenda portion of the December 8, 2009, BCC Zoning Meeting. Motion to approve as amended, by Martin Klein, seconded by Ray Puzzitiello. The motion passed unanimously (9-0**). Maurice Jacobson leaves (Loss of quorum)