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Minutes 08-22-23 ii 2nd DRAFT MINUTES " PLANNING AND DEVELOPMENT BOARD 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, AUGUST 22, 2023, 6:30 P.M. PRESENT: STAFF: Chris Simon, Acting Chair Shiloh Toler, Engineer William Harper Luis Bencosme, Senior Planner Courtlandt McQuire Jae Eun Kim, Principal Planner Tim Litsch Craig Pinder, Planner Jay Sobel Chanae Wood, Interim Assistant City Attorney Thomas Ramiccio Leslie Harmon, Prototype, Inc. William Cwynar, Alternate ABSENT: None. GUESTS: James Young The meeting was called to order at 6:32 P.M. 1. Pledge of Allegiance The Board recited the Pledge of Allegiance. 2. Roll Call Roll was called and it was determined a quorum was present. Motion made by Mr. Ramiccio, and seconded by Mr. Sobel, to appoint Mr. Simon as Acting Chair for the August 22, 2023, meeting. In a voice vote,the motion was unanimously approved (7-0). 3. Agenda Approval Motion made by Mr. McQuire, and seconded by Mr. Ramiccio, to add Public Comment to the Agenda as 4.5. and include a discussion on the FP&L situation as 6.5. In a voice vote, the motion was unanimously approved (6-0). Motion made by Mr. Litsch, and seconded by Mr. Ramiccio, to approve the agenda, as amended. In a voice vote, the motion was unanimously approved (6-0). 3.B. Public Comment Meeting Minutes Planning and Development Board Page 2 August 22, 2023 Heard out of order. Mr. James Young requested assistance from the Board for information on job opportunities for him and his wife. Mr. McQuire recommended that Mr. Young attend a Business over Brews event. He also encouraged Mr. Young to take his request to a City Commission meeting. 4. Approval of Minutes 4.A. Board minutes from the June 27, 2023, Planning & Development Board meeting Motion made by Mr. Ramiccio, and seconded by Mr. McQuire, to approve the June 27, 2023, meeting minutes. In a voice vote, the minutes were unanimously approved (7-0). 4.13. FP&L Discussion Heard out of order. Mr. McQuire described a situation wherein FP&L and Bowen are soliciting residents to place a transformer on an individual's property. He said that they have been doing it for the last 6-8 months and show up with a contract and mobile notary. He stated that they are asking individuals to sign and notarize on the spot an agreement for an underground easement to place the transformer. He added that the Commissioners are unaware of the details since it is an FP&L initiative. Mr. Litsch resides in Chapel Hill, and said that underground power is nice, but there has been no information about the telephone and cable lines. He expressed concern about the proposed location of the transformer box on his property. Mr. Sobel asked if FP&L has a right to still place the transformer on a property even if they do not sign the easement agreement. Mr. Ramiccio clarified his comment was that not everyone needs to agree to it since they can service 2-3 homes with one transformer box. Mr. McQuire described the process of easement conversions on private property, including franchise agreements. Acting Chair Simon said that he has worked with FP&L to identify ideal locations for transformer boxes on properties. 5. Communications and Announcements: Report from Staff. None. 6. Old Business Meeting Minutes Planning and Development Board Page 3 August 22, 2023 Jae Eun Kim, Principal Planner for the City introduced the item. She said that the City Commission approved the Comprehensive Plan amendments based on the EAR on July 18, 2023, and that the 2nd hearing will be in October for final adoption. She added that the tree preservation amendment was adopted August 1, 2023, and will be implemented immediately. 7. New Business: NOTE: Items 7A and 7B were heard in tandem and voted on separately. 7.A. Bay Walk Variance(ZNCV 23-003): Approve request for a Variance from Part III, Chapter 3, Article III, Section 8.13.6 of the Land Development Regulations (Building and Site Regulations) requiring an eight (8) foot wide Active Area along North Federal Highway, to allow a six (6) foot wide Active Area along North Federal Highway, a variance of two (2) feet, a property located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. 7.13. Bay Walk (MSPM 23-004 & MPMD 23-003): Modification (MPMD 23-003) of the Bay Walk development consisting of 25 dwelling units, associated recreational amenities, required parking and related site improvements on a 2.27-acre property, located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. No Board Members had ex-parte communications. Bradley Miller with Urban Design Studio, on behalf of the applicant, introduced himself to the Board and described the project. He noted his presentation incorporates both item 7.A. and 7.13. Mr. Miller summarized the variance request. He continued the presentation by displaying the project elevations; units; and renderings. Acting Chair Simon opened the floor to public comment. No one came forth to speak. Mr. Sobel asked about the setback in the smaller area on the south. Mr. Miller replied that it is part of the Code now and is intended to create a streetscape, as properties are developing. Mr. Sobel asked if the north and south are the same and whether it is negatively impacting neighbors. Mr. Miller said that it meets or exceeds the requirements. He confirmed that there is no negative impact to neighbors. Meeting Minutes Planning and Development Board Page 4 August 22, 2023 Mr. Sobel noted that Federal Highway does not have the same feel as Delray Beach and Boca Raton. He noted this would be a good improvement. Mr. Litsch stated that the City and CRA regulations don't mesh but the plan is a good idea. Mr. Harper agreed with everything that has been said. Mr. Ramiccio said that staff supports the variance. He noted that the points are well justified, and that the project looks good. Mr. McQuire agreed and said that it is welcoming to see new ownership properties being introduced. Mr. Cwynar agreed it is nice to see this type of development. Acting Chair Simon noted it was a great presentation and agreed with the rest of the Board. The buildings on the north and south ends are within the code. He asked about the requirement of a 5' buffer on the south side versus a 12' buffer. Mr. Miller said that they are adjacent to a similar use on that side. Motion made by Mr. Sobel, and seconded by Mr. Harper, to approve Item 7.A. Bay Walk Variance (ZNCV 23-003) as presented. In a roll call vote,the motion was unanimously approved (7-0). 7.13. Bay Walk (MSPM 23-004 & MPMD 23-003): Modification (MPMD 23-003) of the Bay Walk development consisting of 25 dwelling units, associated recreational amenities, required parking and related site improvements on a 2.27-acre property, located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. No Board Members had ex-parte communications. Acting Chair Simon confirmed that the previous presentation covered this item as well. Acting Chair Simon opened the floor to Public Comment. No one came forth to speak. Mr. Harper asked about the gate. Mr. Miller responded that it will be an electronic gate and will open automatically. No code needed. Mr. Harper inquired about the plan for the electric chargers. He expressed concern about a fire safety risk. Mr. Miller acknowledged that he does not have an answer, but noted the point is well taken. Mr. Litsch asked if the Electric Vehicle (EV) charging stations will be on level one or level two. Mr. Miller confirmed that they will be on Level 2. Mr. Litsch asked about the location of the mailboxes. Mr. Miller replied that they will be by the club house. Meeting Minutes Planning and Development Board Page 5 August 22, 2023 Mr. Cwynar inquired whether the green wall was living or artificial. Mr. Miller confirmed that it will be a living green wall and acknowledged that it is tricky to maintain. He suggested that the living wall may last 3-5 years. Mr. Sobel asked if the HOA would maintain the landscaping. Mr. Miller said yes. Acting Chair Simon inquired about the waste and recycling plan. Mr. Miller noted that there would be roll out bins. Motion made by Mr. Sobel, and seconded by Mr. Harper, to approve Item 7.B. Bay Walk Variance (MSPM 23-004 & MPMD 23-003) as presented. In a voice vote, the motion was unanimously approved (7-0). 7.C. AMP Warehouse Storage Building (CDPA 23-010): Approve request for a Community Design Appeal (CDPA 23-010) of Part III, Chapter 4, Article III, Section 3.A. "Architectural Enhancements" requirement to provide architectural enhancements to the north and south facades; relief of Part III, Chapter 4, Article III, Section 3.B. "Exterior Treatment and Finishes", requiring buildings to be finished in brick or brick veneer, stone or stone veneer, stucco, and split face(accent only),pre-formed, or textured masonry block; relief of Part III, Chapter 4, Article III, Section 3.H. "Downspouts", requiring external downspouts to be enclosed within the building structure. No Board Members had ex-parte communications. Fernando Nunez with Architectural Consulting&Design, on behalf of the applicant, described the project. Acting Chair Simon opened the floor to Public Comment. No one came forth to speak. Mr. Sobel asked what parcel Mr. Nunez considers south. Mr. Nunez indicated the industrial-zoned parcel. Chris Angelo, owner American Motor Classics, introduced himself to the Board. He said that the south side of the building is a storage facility and that the north side is a paver company. He confirmed that it is commercial on both sides and both have a landscape buffer. Mr. Litsch stated that it looks good. Mr. Harper agreed it looks good and he is happy to see new business in the area. Mr. Ramiccio expressed support, but noted that the Legislature recently amended the state statute to restrict the City's ability to rezone and restrict height and density for affordable housing. He said that they may see future residential projects in that district. Mr. McQuire asked if there were any staff recommendations. Meeting Minutes Planning and Development Board Page 6 August 22, 2023 Craig Pinder, Planner for the City, said that there were no recommendations. He confirmed they recommend approval of the project with no conditions. Mr. Cwynar noted that it was good to see improvements. Acting Chair Simon had no additional comments. Motion made by Mr. Sobel, and seconded by Mr. Harper,to approve Item 7.C. AMP Warehouse Storage Building Appeal (CDPA 23-010) as presented. In a voice vote, the motion was unanimously approved (7-0). 7.D. Wireless Communication Facility Annual Registration (CDRV 23-007):Approve modifications(CDRV 23-007)amending Part III. Land Development Regulations, Chapter 3, Article V, Section 13. Wireless Communication Facilities, to allow for an annual registration process and fee. Jae Eun Kim, Principal Planner for the City, reviewed the following proposed changes: • Annual Registration and Associate Fee Currently, the City's Land Development Regulations (LDRs) lack standards that allow Staff to require necessary information including documents and plans to review and process the required annual registration,pursuant to Part III, Chapter 3,Article V, Section 13. Wireless Communication Facilities (WCF). The proposed amendment will guide tower owners and service providers of WCFs to provide such information in order for staff to enable to keep accurate and up-to-date records of placement of wireless communication facilities within the city limits. An associated annual registration fee will be set forth in the Planning and Zoning Division Fee Schedule, which will be reviewed and approved by the City Commission by resolution. The required information and fee payment of the annual registration shall be submitted to the Director of Planning and Zoning or designee no later than October 1 of each year. • WCF on a Publicly-Owned Property The current LDRs contain the process and requirements for the owner and/or operator of WCFs on a city-owned property(Part III, Chapter 3, Article V, Section 13.G. Publicly-Owned Property). Staff proposes to amend this subsection to omit such process and requirements and require to a written agreement to be executed between the City and a WCF owner and/or operator. Staff believes that necessary and imperative information and material of the WCF shall be implied in an agreement which shall be acceptable by the City Attorney and approved by the City collectively rather than being codified in the LDRs. • Clean-up Regulation of an Unused WCF The current LDRs contains the detailed process and requirements of removal of abandoned, unused, or unsafe WCFs (Part III, Chapter 3, Article V, Section 13.J. Removal of Abandoned, Unused, or Unsafe WCF). Staff proposes to clean-up this subsection to be directive for a WCF owner and/or operator to follow the procedure established in Chapter 10, Article IL Abandoned Property of Part II. Code of Ordinances. Meeting Minutes Planning and Development Board Page 7 August 22, 2023 Mr. Harper asked if he needed to recuse himself because he is affiliated with a parcel that was featured in a picture included in the presentation. Interim Assistant City Attorney Wood replied that it is a legislative decision and not a policy decision. She asked Mr. Harper if he is directly affiliated. Ms. Kim confirmed that the proposed changes are not site specific and the pictures were examples of facilities. Interim Assistant City Attorney Wood stated that a Board Member can only recuse themselves if it directly affects you. She noted that the item is not specific to a certain property,rather, it is applicable for the entire City. No Public Comment required. Mr. Sobel said he's good and this is nuts and bolts. Mr. Litsch asked if there is any other type of equipment included. Ms. Kim replied yes, anything within the compound. Mr. Sobel inquired whether this applies to all towers within the City. Ms. Kim said yes. Mr. Ramiccio asked if this is applicable to enhancing the aesthetics of the towers. Ms. Kim noted that the current LDR has strong requirements for trees and hedges. Mr. McQuire reiterated his question about the towers. Ms. Kim replied that it is not connected to this amendment. She noted that the tower owner will need to register and provide updates on the area on the compound. The City will be able to monitor the locations. Motion made by Mr. Sobel, and seconded by Mr. McQuire, to approve Item 7.D. Wireless Communication Facility Annual Registration (CDRV 23-007) as presented. In a voice vote, the motion was unanimously approved (7-0). 7.E. The abandonment of 30' wide unimproved right-of-way for the Shalimar project: Approve the request for the abandonment of the thirty foot (30') wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. Applicant: Rene Gutierrez, TM Residential, LLC. David Milledge, Associate with Dunay, Miskel, Backman LLP, on behalf of the applicant, briefly described the request. No Board Members had ex-parte communications. Acting Chair Simon opened the floor to Public Comment. No one came forth to speak. Mr. Sobel asked who owns the property. Mr. Milledge said that, typically, it is split with the two side owners. Meeting Minutes Planning and Development Board Page 8 August 22, 2023 Mr. Sobel asked if there is compensation for the City. Mr. Milledge replied no. Mr. Sobel asked why the City would do this. Mr. Milledge noted that this is a remnant parcel and they are here as Condition of Approval. The City would avoid liability for any action or maintenance issues. Mr. Sobel asked if there are plans to landscape the property. Mr. Milledge said no. Shiloh Toler, Engineering Department for the City, confirmed the abandonment is a condition of approval for the parcel. She noted that the right-of-way would go completely to the south, which is Shalimar. Luis Bencosme, Senior Planner for the City, stated that there is an Ordinance that requires minimal landscaping. He added that the right-of-way does not serve a purpose, and added that is has to be maintained, but it up to the property owner about landscaping. Mr. Ramiccio said that there should be an easement or maintenance agreement. Mr. Milledge stated that the trees would remain the same, with the possible addition of sod. He confirmed it would be maintained per the Code. Acting Chair Simon asked about the City Commission's decision on the previous condition. Mr. Bencosme read the condition from the City Commission. Acting Chair Simon clarified that the City Commission's condition does not include a previous Board condition about planting more native trees. Discussion ensued about conditions and recommendations for approval. Motion made by Mr. McQuire, and seconded by Mr. Sobel, to approve Item 7.E. for the abandonment of a 30' unimproved right-of-way for the Shalimar project, with a recommendation that the buffer be repositioned and the area be sodded and irrigated. In a voice vote, the motion was approved (6-1). Mr. Litsch voted in opposition. For the record, Mr. Milledge stated that the applicant disagreed with the recommendation and would take it up with the City Commission. 8. Other None. 9. Comments by Members Mr. McQuire said that the Pierce parcel is on hold because of existing litigation. Mr. Ramiccio said that he recommended to staff and the Commission to meet with adjoining business owners. He does not think that it will go to court. Meeting Minutes Planning and Development Board Page 9 August 22, 2023 Acting Chair Simon said that perhaps what comes out of this conversation, is that staff could provide better communication to neighboring property owners. 10. Adjournment Upon Motion duly made and seconded, the meeting at was adjourned at 8:57 p.m. [Minutes prepared by T. Baclawski,Prototype,Inc.]