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Minutes 07-24-07 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA JULY 24, 2007 AT 6:30 P.M. PRESENT: Lee Wische, Chair Woodrow Hay, Vice Chair Jon Blehar Sergio Casaine Shirley Jaskiewicz Jeff Lis Roger Saberson Sharon Grcevic, Alternate Edward Hillery, Jr., Alternate Jacob Horowitz, Assistant City Attorney Mike Rumpf, Planning and Zoning Director 1. Pledge of Allegiance. Chair Wische called the meeting to order at 6:31 p.m. Vice Chair Hay led the Pledge of Allegiance. 2. Introduction of the Board. Chair Wische introduced the board members, and notably, Jacob G. Horowitz, Assistant City Attorney. 3. Agenda Approval. There were no changes to the agenda. Motion Ms. Jaskiewicz moved to approve the agenda. Vice Chair Hay seconded the motion that unanimously passed. 4. Approval of Minutes. There were no changes to the minutes. 1 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 Motion Mr. Lis moved to approve the minutes as presented. Ms. Jaskiewicz seconded the motion that unanimously passed. S. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the June 26, 2007 Planning and Development Board Meeting Agenda Items. Mike Rumpf, Planning and Development Director, reported from the July 17, 2007 meeting, the Lake Worth Christian School, height exception and major site plan modification/conditional use for the school expansion was approved. Also approved was the next deliverable for the LDR Rewrite item processed by staff, entitled "Zoning Districts and Overlays." 6. Old Business Ed Breese, Principal Planner, discussed the status of the Red Lobster. The master developer ran into issues with Palm Beach County regarding the access points on Congress Avenue. The issues had been resolved and permits were obtained. With regard to the status of the school expansion project, the old school was demolished and a new middle school was constructed. Mr. Breese believed subsequent phases included recreation areas in the front entranceway. He would confirm this, and report back to the board at the next meeting. The plan was to construct a new school while the old school was used. Thereafter, the old school would be demolished. The new school would be constructed in the back of the property near the track and recreation fields. The new fields would be positioned where the new school was currently situated. City Attorney Horowitz administered the oath to all who would be testifying. 7. New Business A. Boynton Bay Land Use Plan Amendment/Rezoning 1. PROJECT: AGENT: Boynton Bay (LUAR 07-002) Weiner & Aronson, P.A. i .... Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 DESCRIPTION: The Hamlet, LTD. West of Federal Highway and south of Gateway Boulevard Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential (HDR) to Special High Density Residential (SHDR): and OWNERS: LOCATION: Request to rezone from Multi-Family Residential (R-3) to Planned Unit Development (PUD) PROPOSED USE: Residential development consisting of 420 residential Units (240 existing for-rent units, 180 new for-sale Units) for an overall density of 19.93 dwelling units per acre (du/ac). Chair Wische read the request. Hanna Matras, Economic Planner, advised this was the first project utilizing the provisions of the workforce housing ordinance approved April 3, 2007. The project was a redevelopment of an existing project and was age-restrictive. The workforce housing ordinance did not provide any restrictions as to households with the traditional labor force age, as a large percentage of the population over the age of 55 still worked. The ordinance provided the developer would have to sell 25% of 45 units to low-income households. The remaining 75% would be sold to moderate-income households. She pointed out the development currently included 240 workforce housing rental units which were affordable. Financing of this project would ensure the units remained affordable. Gabriel Wuebben, Planner, discussed the request which was made by the applicant for a property that consisted of approximately 21.07 acres. As a result of the size of the property, the Florida Department of Community Affairs classified the amendment as a large scale amendment, and as such, was required to be transmitted to the Florida Department of Community Affairs (DCA) for review and comments prior to adoption. It was necessary for adoption to occur prior to the end of the 2007 calendar and was tentatively scheduled for late November or early December 2007. The proposed development would result in the construction of three structures in the center of the existing development, which consisted of 17 two-story rental buildings. The applicant had positioned the taller structures toward the center of the development, and the structures were a significant distance from the surrounding single-family residential neighborhoods. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 The residential structures would usurp a significant amount of green space, resulting in the loss of recreational amenities. The deve:oper would compensate for the loss with alternative facilities, including a second swimming pool and landscaping, and passive amenities, including a beauty salon/barber shop, a general store and a rooftop restaurant. This project would be brought back with a site plan for review and evaluation. Pursuant to the workforce ordinance, the developer was permitted to apply for waivers of development standards where compliance could preclude the construction of the project's workforce housing units. The applicant applied for a parking waiver to accommodate the reduction in the amount of required parking spaces associated with the additional units. The applicant also applied for a waiver to increase the maximum structure height from 45 feet to 63 feet, 3 inches. Staff evaluated the application, and careful consideration was given to the project's compatibility with the City's Comprehensive Plan. The project was compatible with the Comprehensive Plan's delineation of standards, and contributed to the overall economic development of the City by reducing the workforce housing shortage and generating tax revenue for the City. It was not anticipated this project would significantly impact the infrastructure not already accommodated. A potential issue was the request for an increase in the maximum height. However, the applicant had worked closely with staff to assuage whatever difficulties existed. Staff concluded the mitigation of the project's potential negative impacts, if any, was effective enough for its benefits to offset any remaining concerns. In consideration of the applicant's efforts to soften the effect of the increased height, staff was in support of the project. Staff therefore recommended the land use amendment and rezoning be approved for transmittal to the DCA for their review, and then final adoption of the land use amendment and rezoning be approved concurrent with the site plan submission. Chair Wische called for comments. Jason Mankoff, Weiner & Aronson, P.A., discussed the staff report and the merits of the proposed project. Chair Wishe opened the floor for public hearing. Ron Perella, 311 NE 1ih Avenue (the FOllr Sea Suns Condominium Association, which was the property directly to the south of Boynton Bay), advised he requested Tom Hinners 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 clean up the boundary separating the properties and attend to the condition of the fence, overgrowth of vegetation, and tall trees. Mr. Perella was assured of Mr. Hinners' plans to attend to these issues in April 2007. Survey stakes were observed on the Association's property. Thereafter, Mr. Hinners met with the Association's board members and outlined his plans for one building in the center of his property. The Association received notice of this hearing and presented letters from the residents in opposition to the project. Concerns also pertained to increased traffic, fire and police protection, safeguarding of the boundary line, parking and roadways. Mr. Mankoff believed the appli~ant would resolve any issues. The property had already been developed and the fac;ade would be improved. He advised the project was required to comply with traffic requirements and would include several amenities. Additional roadways were proposed. Tom Hinners, representing Boynton Bay, advised he had discussions with board members of the Four Sea Suns Condominium Association and was informed any development in the neighborhood would be welcomed. Landscaping of the boundary was anticipated in September 2007. Approximately $6M would be expended to improve the existing Boynton Bay development. Boynton Bay's surveyors determined the survey sticks were placed at the property line. There were no plans to utilize that land. As to the roadway, Mr. Hinners invited the residents of the Four Sea Suns Condominium Association to become part of the Boynton Bay community by fencing in their property, and allow them to utilize Boynton Bay's gatehouse entrance. Security guards were currently situated at the property's entrance from 8:00 p.m. until 2:00 a.m., and police officers reside within the community. The proposed development would allow for 24-hour security service. Chair Wische closed the public hearing. Mr. Mankoff addressed concerns of the board and advised the area to be developed consisted of a total of approximately 21 acres, with 2-1/2 acres in the center of the property. The 55-and-older age restriction applied to the parking waiver. The applicant had submitted a declaration of restrictive covenant in order to secure the continuation of the age-restrictive status. There were no plans to provide designated parking spaces. Cito Beguiristain, Vice President, Auburn Development, discussed affordable housing, and set forth the criteria established with respect thereto. A percentage of the units were required to be affordable for renters 62 and older, and a percentage for 55 and older. Dan Carter, 74 NE 5th Avenue, Delray Beach, landscape architect, currently had a permit from the City to re-Iandscape the entire perimeter area to re-establish the native scrub buffer, along with other materials to provide adequate buffers. He also met with Mr. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 Hinners in order to further finesse the plan. Steve Myott, 3012 Fernwood Drive, advised there currently was a sidewalk located on one side of 4th Street, and there would be significant sidewalks for pedestrian use within the new development as well. Mr. Casaine contended additional facts and data, including an analysis of low and moderate income units, and the subsidy element for low-income housing, was needed in order for the board to come to a decision with respect to the project. He believed the County's figures did not address the needs of Boynton Beach in terms of median income. Without the proper financial data, workforce housing could be defeated. He believed the project should be submitted to the DCA first and thereafter, the board could make an evaluation and recommendation to the City Commission. City Attorney Horowitz advised, procedurally, the State Statutes set out an order in which the process would go forward. The City's Code of Ordinances also provided an order of operations. The City Attorney's office was currently in the process of discussing a declaration of strict covenants on this property. Ms. Matras advised there was no data for the City with regard to workforce housing. Federal and State programs were based on County-wide incomes. The CRA programs were based on the County's income, as were all City programs. The American Community Survey had now included Boynton Beach in its survey. However, the survey was limited, and the income data indicated a high margin of error and was not sufficient for staff's use. Therefore, staff based the program on the County's income. Additionally, current data was required, as the most recent data for Boynton Beach was based on the 2000 Census. All subsidy programs were based on County incomes. The workforce housing ordinance provided for income qualifications relating to eligibility. All purchasers of the condominiums would be required to proceed through the City's Community Development Department, and staff would ensure the income requirements, as well as any other subsidies, were met. Mr. Mankoff pointed out, with regard to current and future applications involving major modifications of existing developments, the City could consider amending regulations to permit the disruption of proportionality under special circumstances. The applicant could also submit a waiver application requesting relief from the proportionality requirements of the workforce housing ordinance City Attorney Horowitz advised, from a procedural standpoint, there were currently two issues to be decided tonight. The first pertained to the Land Use Plan Amendment, and 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 the second to zoning. A separate motion would be required for each issue. Ms. Matras advised if the board were to renc.Jer a decision, the project would go before the City Commission in August 2007, and within ten days of the City Commission meeting, at the City Commission's discretion, the matter would be recommended for transmittal to the DCA. The City Commission was the local planning agency, and the Planning and Development board served as an advisory on this issue. Motion Mr. Casaine moved to table this issue until the next board meeting in order for staff to provide the additional information to the board so that the board could render a recommendation to the City Commission. Vice Chair Hay seconded the motion. Chair Wische opened the floor for discussion. The board discussed whether tabling the item would delay submission to the DCA, as well as eligibility criteria required for purchasers of the proposed units. The board suggested additional items to be provided by staff include formulas and analyses as to income; anticipated income or revenue from the formulas; and the actual figures to be presented by staff to the City Commission. Ms. Matras addressed the timeframe issue pertaining to submission of the item, adding it would have to be brought back in 2008, as staff would be submitting the EAR-based (Evaluation and Appraisal Report) Amendment to the Comprehensive Plan. Thus, the item would not be submitted until February or March 2008. City Attorney Horowitz contended the developer might favor an unfavorable recommendation, rather than a tabling, simply in the interest of timing. Mr. Mankoff advised there were many issues other than scheduling issues. He believed the board was provided with enough information to recommend approval or denial to the City Commission, but would request, as a result of the uncertainty of the timing, the board vote on this matter tonight. Ms. Matras advised staff could not provide information other than what was supplied, as the data on the income levels did not exist. The applicants, when purchasing the units, would go through the Community Development Department. The income would be verified and the applicants would either qualify or not. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 Motion Mr. Casaine wished to withdraw his previous motion, and moved to approve the request made by the petitioner with the following caveats: (1) a formal meeting be held with the residents present tonight, in order to assist them in the resolution of their issues; and (2) City staff provide the City Commission with numbers that reflected median incomes for Boynton Beach. Attorney Horowitz advised two separate motions were required, one addressing the density and one addressing the zoning. Thereafter, at the board's discretion, a third motion could be made directing City staff as to the provision of median income data. Motion Mr. Casaine moved the board accept the density proposed by the petitioner. Vice Chair Hay seconded the motion which passed 6-1, Mr. Blehar dissenting. Motion Mr. Casaine moved the board accept the zoning presented by the petitioner, with the understanding they would meet with the residents who expressed concerns regarding their property lines. Vice Chair Hay seconded the motion that passed 6-1, Mr. Blehar dissenting. Motion Mr. Casaine moved to request City staff present the numbers available regarding the median income of Boynton Beach. Chair Wische passed the gavel to Vice Chair Hay, and seconded the motion. Vice Chair Hay opened the floor for discussion. The board discussed staff's earlier contention that income data was not available, notwithstanding, at a meeting attended by various City boards, staff pointed out the income levels of Boynton Beach were well below the County median. Ms. Matras advised consistently, until the year 2002, the Boynton Beach median income was approximately $8,000 lower than that of the County. There would be no reason the situation would reverse in 2007. The American Community Survey had now included Boynton Beach, and provided both the median family and median household incomes. However, as the sampling was insignificant, the margin of error was extremely high. The income for Boynton Beach was $38,000, plus/minus $8,000. This was not a sufficient R Meeting Minutes Planning and Development Roard Boynton Beach, Florida July 24, 2007 estimate for staff to use and, as other figures were used in subsidy programs, it was impractical to have those programs be inconsistent. A plus/minus $8,000 margin of error was a huge margin of error. Staff would not be advised to use this for the programs that were otherwise subsidized. Thus, the formula utilized the County's income. Mr. Casaine withdrew his motion based on the comments of Ms. Matras. Chair Wische withdrew his second. The meeting recessed at 8:23 p.m. and reconvened at 8:30 p.m. B. Children's Services Council Heiaht ExceDtion DESCRIPTION: Children's Services Council (HTEX 07-003) Christopher H. Miller, Architect 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request for height exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. 1. PROJECT: AGENT: OWNER: LOCATION: Chair Wische read the request. Mr. Lis recused himself from the issues pertaining to Projects #1 and #2, as he was employed by the same company that employed the presenters. Christopher H. Miller, Architecture 6400, Inc., 300 SE 2nd Street, Fort Lauderdale, stepped forward to indicate he was present. Chair Wische opened the floor for public hearing. No one having come forward, public hearing was closed. Vice Chair Hay moved to approve the request for the height extension of 8 feet 6 inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. Ms. Jaskiewicz seconded the motion that passed 6-0. City Attorney advised the final vote would be 6-0, as there was one recusal. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 Children's Services Council Community Desic;m Plan ADDeal 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Chair Wische read the request. Children's Services Council (CDPA 07-002) Christopher Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request approval of a Community Design Plan for screening of rooftop equipment. Ed Breeze, Principal Planner, advised staff requested a conditional approval if the board accepted staff's recommendation that the equipment on the rooftop be continuously painted and cleaned so it maintained its new appearance. The applicant accepted the conditional approval. Chair Wische opened the floor for public hearing. No one having come forward, Chair Wische closed the public hearing. Chair Wische invited comments from the board. Hearing none, he entertained a motion. Motion Ms. Jaskiewicz moved to approve the request of the Community Design Plan for screening of the rooftop equipment, with the conditions of approval as noted. Vice Chair Hay seconded the motion that passed 6-0, Mr. Lis having recused himself. C. Open-air Structures Code Review 1. PROJECT: AGENTS: DESCRIPTION: Open-air Structures (CDRV 07-004) City-initiated Request to amend the Land Development Regulations Part III, Chapter 2. Zoning. Section 4.B by the addition of provisions and regulations for "Open-air structures" that will include pavilions, gazebos, and tiki/chickee huts, and corresponding setbacks and size criteria. 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 Chair Wische read the request. Mike Rumpf, Director of Planning and Zoning, advised staff proposed amendments to the Land Development Regulations to address a current deficiency in the regulations applicable to a certain type of structure which staff identified as open air structures. Examples would include pavilions, gazebos, tiki huts and, chickee huts. Mr. Rumpf provided a PowerPoint presentation with respect to the various open-air structures. Mr. Rumpf advised Florida Statutes exempted chickee huts from requirements of the Florida Building Code based on certain criteria: (1) the chickee huts were constructed for either the Miccosukee or Seminole Indian Tribes; (2) the improvement was an open-sided wooden hut; (3) the hut included a thatched roof of palm, palmetto or other traditional material; and the structure excluded electrical, plumbing or other non-wood features. The purpose of the Code amendment would be to establish a definition for this group of structures, to add these structures under "Other Structures" within the zoning regulations, provide for setback provisions, and establish a review procedure to ensure compliance with local and State law. Mr. Rumpf provided recommended changes. Proposed amendments included definitions for the open-air structures, permitting required with regard to the construction of the open-air structures, and setback requirements. Any time new or more restrictive code amendments were enacted, the potential existed for the creation of a non-conforming situation. In such an event, staff proposed regulations with respect thereto, which were reviewed by Mr. Rumpf. Ed Breese, Principal Planner, advised staff met with the Fire Department regarding fire protection requirements. The 25-foot distance requirement provided a comfort level with respect thereto. Board concerns were raised as to fire safety relating to barbeque grills, and hurricane hazards pertaining to the roofs of the structures. Mr. Rumpf explained State law allowed the huts to be constructed. Additionally, it was not known whether the Attorney General had made a determination as to whether the structures were restricted to Indian reservations. Therefore, in the absence of regulations, staff believed it would better to have something on the books to regulate the structures. City Attorney Horowitz concurred with Mr. Rumpf, adding as the State Statute allowed the structures to exist, the City could only impose certain regulations restricting setback 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 distances, which staff was attempting to do. The alternative to regulations would be no regulation, allowing the State Statute to prevail. This would provide for carte blanch in the construction of the structures. Mr. Rumpf suggested staff explore this matter further. Motion Mr. Casaine moved to table the item until the matter could be further explored, and to be brought back before the board when City staff believed it to be pertinent. Vice Chair Hay seconded the motion that passed unanimously. Mr. Rumpf suggested staff circulate the item to the CRA, and it would bring the item back before the board in August 2007. The board was in accord with Mr. Rumpf's suggestion. D. Mobile Vendors Code Review 1. PROJECT: AGENT: DESCRIPTION: Mobile Vendors (CDRV 07-005) City-initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, by the addition of a new section with provisions and regulations for mobile vendors including definitions, location restrictions, review and approval procedures and requirements, and operational rules. Mike Rumpf, Planning and Zoning Director, advised the City Commission directed staff to prepare for consideration, code amendments to review the potential for accommodating mobile vendors. The City currently accommodated mobile vendors through business licensing. Examples of mobile vendors were ice cream trucks and food vendors. However, the City had no provisions applicable to street vendors. He highlighted the proposed amendments. The majority of the definitions related to the handling and vending of food. Also included were the definitions for merchandise, mobile vending unit and services, which help define what is being provided in the regulations. Types of merchandise were limited to art, small 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 personal items, cell phones and other electronics, small appliances, medicines, books and magazines. Services were specifically to be limited to personal services. The definitions also defined commercial zoning districts to which the uses and vendors would be restricted. The application, process and rules called for the review by the Planning and Zoning and CRA Advisory Boards. Planning and Zoning Division staff would be the administrative body to process the applications. Appeals would be made directly to the City Commission. Mr. Rumpf discussed the application requirements, which would include an analysis of the proposed cart and equipment to be used by the applicant. In addition to the definitions, many of the regulatory provisions would come under design and location, and general restrictions. He reviewed the general restrictions which included maximum area to be occupied by a mobile vendor unit (MVU), maximum size of an MVU, display of merchandise and food and removal of MVUs. Mr. Rumpf advised, with regard to mobile vendors who currently were licensed, the City was diligent in looking into the mobile vendors not allowed to operate. The board addressed the issue of Rufus' Barbecue, which business did not appear to be accommodated by the amendments. Mr. Rumpf advised that Rufus' Barbecue had two separate units, the MVU and portable kitchen. This would be addressed and staff would ensure the City Commission was aware of differences. Chair Wische opened the floor for public hearing. Linda Davis, 2671 NE 1st Street, advised she and her husband owned a barbecue business, Troy's Barbecue, 1017 N. Federal Highway. Troy's had been in business for ten years and was required to be licensed by the State of Florida, Palm Beach County and the City of Boynton Beach. She believed the amendments were being considered to benefit Rufus' Barbecue. No one else having come forward, Chair Wische closed the public hearing. Chair Wische called for additional comments from their board. There were none. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 Motion Mr. Casaine moved to table the item until it appeared before the CRA for further evaluation, and to take into consideration those having established businesses. Ms. Jaskiewicz seconded the motion that passed unanimously. 10. Adjournment Motion There being no further business to discuss, the meeting properly adjourned at 9: 11 p.m. ~0- Stephanie D. Kahn Recording Secretary 14