A Text Amendment: Case No. 09-08

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Planning Board

January 19, 2010 Meeting Minutes


Commission Chambers

MEMBERS PRESENT:

Todd Bonlarron, Chairperson Angela Usher, Vice Chairperson Caroline Forrest, Member Bernard Jones, Member Steven Mayans, Member Gregg Weiss, Member Keith Williams, Member Keith Spina, Alternate None Charles Wu, Planning Director Ana Maria Aponte, City Urban Designer Samuel Thomas, Senior Assistant City Attorney Laura Aral, Board Secretary

MEMBERS ABSENT: STAFF PRESENT:

I. CALL TO ORDER/ ROLL CALL

The regular meeting of the Planning Board (PB) was called to order at 6:03 p.m., by Mr. Todd Bonlarron, Chairperson, in the Commission Chambers on the first floor, 401 Clematis Street, West Palm Beach, Florida. Laura Aral, Board Secretary, called the roll and it was determined that a quorum was present.
II. APPROVAL OF THE MINUTES Ms. Caroline Forrest made a motion to APPROVE the December 15, 2009 minutes. Seconded by Mr. Keith Williams. Approved 7-0.

No opposition.
III. REPORT FROM THE PLANNING STAFF

Mr. Charles Wu, Planning Director, welcomed Mr. Keith Spina as an alternate member of the Planning Board. The Board had several questions regarding previous cases: Mr. Greg Weiss asked about the status of Code Revision Case No. 09-08, a text amendment in regard to parking at the Convention Center.

Mr. Wu stated that the case has not been withdrawn, but Staff is trying to come up with an acceptable solution. He said it is important to have the right guidelines, as the amendment will apply City-wide. Mr. Keith Williams asked about Code Revision Case 09-06, regarding temporary parking lots. He said he has driven by the site, and the landscaping in place does not appear to be what the Board intended or approved. He said the conditions are unsettling. He wondered if Staff has investigated the situation. He said: the landscape buffers do not meet the criteria in the Code; the plant materials are unhealthy; and the trees appear to be dead. Mr. Wu stated that he will look into it. Ms. Forrest said work on the lot seems to have begun before the case was finalized. Mr. Wu said the work was not begun before approval by the City Commission. Mr. Bonlarron stated that the Board would like an update at the next Planning Board meeting. IV. REMARKS BY THE CHAIRPERSON Mr. Todd Bonlarron, Chairperson, explained the rules and procedures of the meeting. V. DECLARATION OF EX-PARTE COMMUNICATION
None.

VI. PUBLIC HEARING A. SWEARING IN OF THE SPEAKERS Mr. Todd Bonlarron stated that a swearing in of the speakers is not required for the case on the agenda. B. CONTINUED CASES C. PLANNING BOARD CASES D. CODE REVISION CASES Text Amendment, Storage and Distribution As A Primary Use Code Revision Case No. 09 10 A request by Lynda Harris and Joseph Verdone of Carlton Fields, on behalf of Burlington Self Storage of West Palm Beach, LLC for an amendment to the Zoning and Land Development Regulations to allow limited storage uses on certain districts within the Downtown Master Plan area.
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Location: The amendment would apply to the Downtown Master Plan boundaries, which includes Commission District No. 1 Commissioner Molly Douglas; Commission District No. 2 Commissioner Isaac "Ike" Robinson Jr.; and Commission District No. 3 Commissioner Kimberly Mitchell Ms. Aponte stated that the Applicant is the owner of two (2) storage facilities located along 7th Street, west of Dixie Highway within the Downtown. She said the sites are configured to have office uses along the street, with storage and parking in the rear of the property. She noted that in 2005, the Applicant submitted a proposal for a 5,600 square foot addition at the north end property, but was denied by the Downtown Action Committee due to inadequate parking. She said the new Master Plan, approved in June of 2009, has lowered the parking requirement for storage uses, but prohibits storage as a primary use in the Downtown. Ms. Aponte said the Applicant is proposing a text amendment to allow warehousing and selfstorage as a primary use within the Industrial Chic 5 and the Brelsford Park 5 sub-districts, with specific requirements to minimize the negative impact of the use, as follows: 1) a minimum of eighty (80) percent of active uses shall be provided along the first floor frontage; 2) a minimum of eighty (80) percent of active uses shall be provided along the first and second floor frontage for buildings of more than two (2) stories; 3) active uses shall be a minimum depth of 20-25 feet; 4) no storage shall be permitted within the active uses. Ms. Aponte said based on the findings that the provision of active uses along the frontage complies with the intent of the Downtown Master Plan, and that the petition meets all of the standards found in Section 94-36(e), Staff is recommending APPROVAL of Code Revision Case No. 09-10, with the additional recommendations that: the increased active use requirements shall pertain to all street-type designations; and storage facilities shall be limited to parcels less than 1.5 acres in area. Ms. Aponte stated that the application was reviewed by the Downtown Action Committee (DAC) on January 13, 2010, and the DAC recommended approval with one (1) additional recommendation that the maximum height of storage facilities shall be limited to three (3) stories, or forty (40) feet. She said the Applicant is agreeable to the added restriction. See the Staff report for detailed history, background and analysis information pertaining to this case. Board Questions to Staff Ms. Usher asked about the difference between Industrial Chic 5 and Industrial Chic 3 subdistricts. Ms. Aponte said the difference is in the allowable height and density for each sub-district. She said IC-5 has a height of five (5) stories. Ms. Usher said the amendment is proposed for small businesses and family use. She asked how that will be regulated. Ms. Aponte said storage for small businesses and families is a separate category in the Code from large storage facilities that have a higher impact. 3

Mr. Todd Bonlarron, Chairperson, asked if the Applicant would like to make a presentation. Ms. Lynn Harris and Mr. Joe Verdone, of Carton Fields, represented the Applicant. Ms. Harris confirmed that the Applicant is agreeable to all of the conditions recommended by Staff. Mr. Verdone stated that the storage use is needed in the Downtown given that the urban lifestyle comes with group garages, lack of storage space, and small units.

Ms. Usher asked what kind of active uses would be compatible with a storage facility. Ms. Harris said the existing uses on the subject property include a florist, a studio, and a chiropractor. Mr. Verdone said the active uses are storefronts that serve as a buffer to the storage use they are not intermingled with the storage itself; he said they are small spaces for individual and professional businesses, arts and studios, tailors, etc. Ms. Usher asked what change was made to the previous parking requirement of two (2) spaces per 1,000 square feet. Ms. Aponte said the new Master Plan makes reference to the parking requirement in the General Code; for families and small businesses, the requirement is one (1) parking space for every 2,000 square feet, up to 10,000 square feet, and one (1) parking space for each additional 4,000 square feet thereafter.

Mr. Weiss asked how parking is calculated when active uses share parking with a storage use. Ms. Aponte said in mixed-use projects, the parking is calculated independently for each use type.

Mr. Weiss asked if Staff is comfortable that there will be adequate parking for each use. Ms. Aponte said yes. Ms. Harris stated that the subject property is a self-storage facility where people are usually in and out within ten (10) minutes. She said the existing parking is probably more than will ever be used. Mr. Williams noted that this proposal is an amendment; it is not site specific.

Mr. Weiss said he is more concerned about potential projects on roads such as Dixie Highway, where parking is not as readily available on the street. Ms. Aponte said parking is calculated as the requirement for the active use plus the requirement for the storage facility. In the case of Dixie Highway, where on-street parking is not available, all the parking would have to be provided either on-site, or off-site with the permission of the Downtown Action Committee.

Public Comment

None.
Executive Session
Ms. Angela Usher made a motion to APPROVE Code Revision Case No. 09-10, a request for

an amendment to the Zoning and Land Development Regulations to allow limited storage uses on certain districts within the Downtown Master Plan area, with the conditions as listed in the
Staff Report dated January 19, 2010, and an additional condition as recommended by the Downtown Action Committee on January 13, 2010. Seconded by Mr. Steven Mayans.

Mr. Steven Mayans stated that this is a good use, deserving of the Board's support.
Approved 7-0.

No opposition.
E. OTHER BUSINESS VII. UNFINISHED BUSINESS

VIII. NEW BUSINESS IX. ADJOURNMENT

The meeting was adjourned at 6:28 p.m. Please be advised the minutes are not verbatim. An audio taped copy of the meeting may be requested through the City of West Palm Beach City Clerk's office at 822-1210. There is a fee.

This signature is to attest that the undersigned is the Chairperson, or designee, of the Planning Board and that the information provided herein is the true and correct Minutes for the January 19, 2010 meeting of the Planning Board, dated this day of S , 2010. c4"ki

(1A,,
Chairperson, Todd o`fildrron (or designee)

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