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Minutes 04-25-23 MINUTES � a PLANNING AND DEVELOPMENT BOARD 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, APRIL 25, 2023, 6:30 P.M. PRESENT: STAFF: Trevor Rosecrans, Chair Amanda Radigan, Planner and Zoning Director Chris Simon Craig Pinder, Planner Tim Litsch City Attorney Sean Schwartz William Harper Carla Blair, Prototype, Inc. Courtlandt McQuire Joe Sobel Thomas Ramiccio, Alternate ABSENT: Butch Buoni, Vice Chair William Cwyner, Alternate GUESTS: None. The meeting was called 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. Ramiccio, and seconded by Mr. Sobel, to approve the agenda. In a voice vote, the agenda was unanimously approved (8-0). 4. Approval of Minutes 4.A. Board minutes from the February 6, 2023, February 28, 2023, and March 28, 2023 Planning & Development Board meetings. Motion made by Mr. Sobel, and seconded by Mr. Simon, to approve the February 6, 2023 meeting minutes. In a voice vote, the minutes were unanimously approved (7-0). Motion made by Mr. Sobel, and seconded by Mr. Simon, to approve the February 28, 2023 meeting minutes. In a voice vote, the minutes were unanimously approved (7-0). Meeting Minutes Planning and Development Board Page 2 April 25, 2023 Motion made by Mr. Sobel, and seconded by Mr. Simon,to approve the March 28, 2023 meeting minutes. In a voice vote, the minutes were unanimously approved (7-0). 5. Communications and Announcements: Report from Staff Amanda Radigan, Planning and Zoning Director, reported that a series of applications were heard regarding the Ocean One project, which were approved at the last City Commission meeting. Carwash amendments were mentioned. Memberships for Trevor Rosecrans, Chair, and Butch Buoni, Vice Chair, have expired and termed out; however, the Board continues to operate until told differently. Chair Rosecrans questioned if they should reapply. Director Radigan stated that her understanding is that they are not eligible to reapply. She suggested reaching out to the Clerk's office. Mr. Sobel commented that he has served two terms and cannot reapply. He asked what happens if no one applies. Director Radigan did not have an answer, but stated applications are coming in for vacancies. Chair Rosecrans stated he was appointed in 2014. He asked if there are new requirements. Director Radigan replied there is nothing new, but there are some amendments to this section that are not recent. Mr. Simon questioned when his last meeting is. Director Radigan indicated that the sheet she has shows Mr. Simon's membership until 2023,but the seats have not yet been reappointed, so it is unclear. City Attorney Sean Schwartz advised that members serve until they are told otherwise. Mr. McQuire questioned why consideration is not given to alternates for applications on file. Director Radigan thought that was a great question for the Clerk's office. Mr. Sobel commented that when he inquired, he was told he had to apply for a regular membership. Director Radigan advised the City Commission has recently requested some recommendations from their management team regarding Chapter 27, which are all the Advisory Boards. Chair Rosecrans asked if priority is still given to landscaping. Director Radigan replied yes. Meeting Minutes Planning and Development Board Page 3 April 25, 2023 6. Old Business: None. 6A. Separated from CDRV 23-004 and tabled at the March 28, 2023 Planning & Development Board Meetings: Approve modifications to existing uses amending the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article IV, Section 3.D. Use Matrix to establish indoor athletic instruction/training uses as an accessory use (CDRB 23- 006) within the REC (Recreation) zoning district. Craig Pinder provided a brief overview as follows. During the last meeting, this item was tabled. As a reminder, this is a Code Amendment to establish the Indoor Athletic Instruction/Training Facilities as an accessory use within the REC zoning district. This use will only be allowed on City operated and owned park facilities. Other accessory uses currently permitted within the REC zoning district were shown. Some are subject to footnote 421, as that footnote is already established within the use regulations. Chair Rosecrans opened discussion to the general public. Barbara Ready, was present. She researched this deal and according to the contract, Resolution 22-160 and Resolution 23-019, the City represents and warrants to the developer that the City has full power and authority to enter into this agreement. She questioned why they are doing retroactive housekeeping if they have the full power and authority to enter into this agreement. She believes this is being done in a rush and she has concerns that this could turn into Town Square 2.0. Director Radigan commented that at the last meeting, it was requested that the Parks and Recreation Director attend this meeting. Unfortunately, he could not attend, but he sent an email, which she read into the record. Chair Rosecrans indicated there are a lot of questions that can relate to the code without the project. Mr. Sobel asked if there are any negative aspects in adopting this Resolution. Director Radigan replied that staff is recommending approval of this amendment. They do believe and agree with the Parks and Recreation Department that this opens programming for City parks, it increases revenue, and allows these programs to grow in a way they could not otherwise. As shown on the screen, they are already doing this is in the Land Development Regulations; other uses are included as accessory to REC zoning districts, and this would be in addition to the list of what is already working. Chair Rosecrans questioned if there is a requirement for parking because this indoor facility could potentially remove some of the parking that is for overflow. Meeting Minutes Planning and Development Board Page 4 April 25, 2023 Director Radigan stated all the standards in the LDRs will remain in effect, so there will be parking requirements for any new structures. Chair Rosecrans commented that the project itself takes away parking. Director Radigan advised the project is not approved,Planning and Zoning has not reviewed it for parking yet. The schematics she saw had parking to the Site Plan, but nothing has been formally submitted. Chair Rosecrans asked if any plans that come up in these parks and facilities will pass through this Board or just through the department. Director Radigan indicated that the rest of the LDRs will remain in effect, so it depends on the scale of the project. City Attorney Schwartz stated as it is contemplated under the agreement, it will pass, and Site Plan approval will have to come to this Board. Mr. McQuire would like clarity on the lease agreement between the two parties being the City and whatever it is called. He asked if the Board could know some basic terms of this lease agreement. Director Radigan stated she did not know the terms, so she could not share them. Mr. McQuire commented that he has witnessed the City get into lease agreements recently and a long time ago, and they were very structured and controlled. He questioned if the agreement was already executed. Director Radigan believed the agreement was already executed and there was a recent amendment as well. Chair Rosecrans stated that he is ready to move on this if the Board is. Mr. Simon asked if the contract has already been signed. Director Radigan believed the lease agreement had already gone to City Commission. City Attorney Schwartz advised this amendment would have to go through in order for the Site Plan to be approved. If this does not get approved by the City Commission, then the Site Plan would not pass. Mr. Ramiccio questioned if there was any thought, debate, or consideration for allowing a commercial endeavor to do the same type of project. With this situation, they have to partner with the City because it is on City land and it would have to be a public private partnership. He asked if there is any consideration in the Land Development Regulations for an Indoor Training Facility but not partner with the City on City land or in the REC zoning district. Director Radigan advised that already exists. They are not creating this use;they are adding it to the REC zoning district. The use is already permitted through their commercial properties. Meeting Minutes Planning and Development Board Page 5 April 25, 2023 Mr. Ramiccio mentioned accessory uses and noted that a brew pub and restaurants pop out as commercial uses. He asked how they fit into as an accessory use. Director Radigan stated they would fit as an accessory use for concession stands in a ball field and those types of uses. Mr. Simon commented that there will be new signage, new turf, and a few other items. He questioned if the cost of those items is covered by the lease. Director Radigan replied yes, that is her understanding. Mr. Simon questioned if a private entity can look at the site layout of an existing park and have free reign of where they want to construct a facility or if there are designated areas where they are only able to develop. Director Radigan thinks that is up to the negotiations between the City and the private entity as it might vary largely from park to park or site to site. Mr. Simon stated if there are existing ball fields it seems like they could say they want a certain amount of dollars into the project and get rid of all the fields, etc., and put their facility in the area leaving the City to figure out what to do with the rest of the property. Director Radigan indicated the City would have to agree to that and the uses that are currently permitted in the REC are only permitted as accessory uses, which means it does have to be subordinate to a public recreational use. It would never take over the majority of the park. She noted the Land Development Regulations would not govern that, it would be a lease agreement that the City enters into that creates limitations of what they will and not allow on their property. Once that is done,when it comes to Planning and Zoning, they will be tasked with identifying that use as accessory. There are Parks Master Plans they need to abide by, there is a level of standards for parks, and acreage that needs to be maintained. It is not by any means a free for all. Mr. Simon questioned if there is enough verbiage in code and Development Regulations in place that would help prevent that from happening. Director Radigan believed so. Not only in the LDRs but in the City's Comprehensive Plan. Mr. Simon questioned if there is any consideration for not for profit versus for profit. Director Radigan did not believe so within the LDRs. She believes the Little League Park has two separate agreements, one with a for-profit entity and one for a non-profit entity. She thinks both would be eligible. The code does not say one way or another, but because this project has two lease agreements with one of each of those entities, it will be dependent on the City's willingness to negotiate with that entity. Meeting Minutes Planning and Development Board Page 6 April 25, 2023 Mr. Simon mentioned opportunities for not-for profit organizations to have a facility and it would be an educational experience, not necessarily training, for local schools, camps, etc. Director Radigan stated that staff discussed something like that for Mangrove Park with some kind of educational component. This would not exclude that from happening. Mr. Simon asked if Education Facility falls under the term Indoor Training Facility. Director Radigan thinks the way this use is defined is more in the sports realm. They even list things like batting, etc. They can continue to look at this category of uses and include things that are on here if an opportunity arose. Mr. Simon commented that the last piece is because the verbiage is pertaining to an existing contract with a private entity, and they are housekeeping and considering this retroactively. He asked why bring it to the Board and how they get the City from having that type of authority to be able to enter a contract with a private entity without other checks and balances. Director Radigan stated these are two different schools of authority. The authority for negotiations of a contract is fully within the City Commission's rights. The reason they are doing this amendment is to prepare for a Site Plan submittal, which has not been approved by any entity yet. It is totally separate than negotiating a contract; this Board does not have the authority to review those contracts. This Board is specific to the Land Development Regulations and Development applications. Mr. Simon mentioned that typically the verbiage comes to the Board as an agenda item that coincides with a Site Plan approval that is requested. Director Radigan stated they will run it concurrently. Generally, from the Planning and Zoning Director's perspective, it is bad practice to bring concurrent LDR amendments that are specific to a project because those two things are not supposed to be linked. Decisions are made based on code for the betterment of the City, so they can approve in multiple locations. Code changes are City initiated and not applicant initiated. The City wants to be proactive and make sure the LDRs can accommodate certain things especially things they see coming from the City Commission. Carwashes is another thing they have seen problems within the way it has been used and the City brings forward amendments. There have been instances where they do run concurrently,which is usually based on running out of time to get them ahead of time. Mr. Sobel stated that based on what he is hearing, there is no objection. The concern is more focused on the terms of the agreement, which is not their purview. Motion by Mr. Sobel, seconded by Mr. McQuire, to accept the Change in Land Use Regulations as stated and recommended by staff. The motion passed on the following roll call vote: (6-1) Ayes: Simon, Litsch, Harper, McQuire, Sobel, Rosecrans Nays: Ramiccio Meeting Minutes Planning and Development Board Page 7 April 25, 2023 6B. Discussion regarding the Annual Advisory Board Report content and date. Chair Rosecrans questioned when the last volunteer dinner was that the City provided to all the Board members and volunteers. Director Radigan had no recollection. She did not think a dinner had been provided since she has been with the City and she did not know that used to do that. Mr. Ramiccio stated the last dinner was in 2017. Chair Rosecrans commented that members have been volunteering all their time over the years since 2017, and now they have homework. He noted that this will be an open conversation. Mr. Simon questioned if members who are terming out are eligible to assist with the presentation. Mr. Ramiccio indicated they are Board members tonight and this item is before them tonight for discussion. Chair Rosecrans stated he would not volunteer for them to present. Mr. Ramiccio commented that their years of service combined is very important as to how the presentation is presented to the Commission and what is presented to the Commission. He thinks it is important that they both participate. Chair Rosecrans concurred. Mr. Sobel questioned if anyone has seen a prior report, he has not. Director Radigan advised that this is a new request of the City Commission to have all the Advisory Boards, once a year, do an annual report on what they are doing with any content they would like to include. The Arts Board was the first Board to present, and they went in March. There are three different things to talk about and she will preface this by saying since there will be some turnover in Board members in the coming months, she is foreseeing this discussion happening more than once. The first thing they should do is pick a month in which they would like to present. Next, they need to talk about content, and she would preface that into two categories, data and what they would like to see happen in terms of planning. Last, will be the technical component, who is creating the presentation and who is presenting the presentation. Mr. Simon questioned if staff could provide a bullet point or a list of items that came before them. Director Radigan would be happy to do that. Chair Rosecrans asked if Director Radigan would be willing to make a list of the items the Board voted down that went to the Commission and got voted up. Meeting Minutes Planning and Development Board Page 8 April 25, 2023 Director Radigan stated that would take some staff time. She can bring what was before the Board and their actions. City Attorney Schwartz suggested ping pong bullets of what they think, and Director Radigan can curate them, put them on the next agenda item, and the Board can clean it up. Mr. McQuire mentioned the date and asked if May is available. Director Radigan stated it is not,the next dates would be June, October, November, and December. Mr. Ramiccio asked if they could start with Director Radigan's original idea to have an open conversation. They are losing two key members, so one thought is they want to do the presentation really soon if those members are going to be part of the presentation. The other thing is that maybe the presentation should be pushed later in the year to allow the new Board members to get settled. He had a few thoughts on items to be presented to the Commission. First is process. He hopes in the future as the Board develops, that more of that authority will lye as a Quasi-Judicial Board instead of the ultimate authority with the Commission because when looking at their recommendations and how they voted, there is not the communication, relationships, or the understanding of where they all need to go as a City in growing in the same direction. The second after process is future planning as they are looking at amending the CRA Plan, Citywide Master Plan, the LDR Comp Plan Amendments, etc. He thinks they need to engage this Board and the Commission in a Workshop setting, so they can all talk together about the vision for the City and then create the zoning, LDRs and the Land Use Regulations. In looking at how Palm Beach County is growing and what is happening with infrastructure and building in the AG reserve, and so many different things. He mentioned the Comp Plan and noted that they need to determine what they want as a City. Chair Rosecrans thinks this Board is a specialty. Mr. Ramiccio would like to see the City build things on their own,not just driven by developers. He would like that part of the presentation be that the Commission somehow allows that to happen. Mr. McQuire thinks this would not be a productive forum, he thinks they should give their information to Director Radigan and bring it down to the next 10 or 20 things at the next meeting as a team. Chair Rosecrans commented that he would lobby for a late-year presentation. Mr. Sobel mentioned the Sunshine Law and noted that members are not allowed to exchange information. He stated that any Board member can send information to the Chair. Director Radigan stated that is true. Mr. Sobel commented that they have to trust their staff. The City Commission and staff are making the decisions. He thinks the Board can make suggestions and noted that the presentation has to be succinct. Meeting Minutes Planning and Development Board Page 9 April 25, 2023 Chair Rosecrans asked if Director Radigan could send them a copy of the presentation given in March. Director Radigan replied yes. She would suggest a five-minute presentation with 12 slides. Chair Rosecrans recommended that the presentation be late in the year. He stated October would be no problem. Director Radigan advised she would need time to get it on the agenda and their lead times are about three weeks, so for October, they would need the information sometime in September. She noted October is budgeting. Chair Rosecrans requested they be penciled in for October. Director Radigan stated this item has been tabled twice to her knowledge and she thinks part of that decision was based around possible amendments to the Advisory Board Chapter. It is very unclear if they want the appointments to wait until the Advisory Board Chapter is updated or if they will decide to appointment. Once someone is appointed, she will contact them personally. Mr. Ramiccio asked if any consideration would be made for him to be a regular Board member since they are losing two members. Director Radigan indicated that he needs to apply to the Clerk. City Attorney Schwartz advised that it says, "Upon completion of the maximum allowable two full terms of membership,no member shall be eligible for reappointment to the same Advisory Board and Committee for a period of one year unless otherwise approved by the Commission". Mr. McQuire asked if he is allowed to talk about appointments and what can be done and how members can remain and keep their seat or if it is a Sunshine issue. City Attorney Schwartz replied yes. Chair Rosecrans is always for fresh ideas. Director Radigan commented that if Chair Rosecrans was interested in serving, to please reapply because they have challenging times finding specialty professional backgrounds. Mr. Ramiccio stated that could be part of the future plan; the outcomes of these meetings and how they are communicated to the Commissioners and what conduit they can create to better inform them of their thoughts. Chair Rosecrans stated he would advocate for members of the public to ask the Commissioners if they read the minutes from the Planning Development Board. Meeting Minutes Planning and Development Board Page 10 April 25, 2023 Mr. Simon thinks that as a Board, they need to be able to show to the Commission the depth that they really pay attention to the projects when they come to them. The diversity of knowledge they provide in all different aspects and that needs to be made clear. Why overlook our involvement if we are providing this level of knowledge and input. Director Radigan questioned if she has a consensus in the process and she will email each of the members a little more of a structured form with time to get it prepared for the agenda. Mr. McQuire stated that one member of the Art Board delivered the presentation, he did not think they all needed to be there. Director Radigan indicated that if Mr. Simon would commit some of his thoughts to paper to her, she will memorialize them, and commit to moving them forward. She did not think there would be any opposition of him coming as a member of the public to add to the conversation of this item. As this carries forward, she can keep it on the next agenda if she gets everything on time. There is always the ability to table it and move it depending on how this Board is changing. Mr. Sobel questioned if there is any restriction on who can present the report to the Commission. Director Radigan did not have an exact answer. Mr. Simon mentioned the assembling of the presentation itself and asked if they can choose to request images of renderings of projects. Director Radigan stated they can supply those,just let them know what you need. 7. New Business: None. 8. Other Chair Rosecrans commented that this is a great Board with lots of knowledge. 9. Comments by Members None. 10. Adjournment Upon Motion duly made and seconded, the meeting at was adjourned at 7:32 p.m. [Minutes prepared by C. Guifarro,Prototype,Inc.]