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Minutes 03-22-11 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, MARCH 23 22, 2011, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Mike Rumpf, Planning and Zoning Director Matthew Barnes, Vice Chair Kathy Zeitler, Planning and Development Leah Foertsch James Cherof, City Attorney Sharon Grcevic Cory Kravit Warren Timm Brian Miller, Alt Chair Saberson called the meeting to order at 6:28 P.M. 1. Pledge of Allegiance Mr. Timm led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board and introduced Cory Kravit as a new member. 3. Agenda Approval Motion A motion was made to approve the agenda and was passed unanimously. 4. Approval of Minutes from January 25, 2011 meeting Motion Ms. Grcevic moved to approve the minutes as presented. Ms. Foertsch seconded the motion that unanimously passed. 5. Communications and Announcements: Report from Planning and Zoning Director Michael Rumpf , Planning and Zoning Director, explained to the audience he is responsible for providing basic communications and general announcements dealing Meeting Minutes Planning and Development Board Boynton Beach, FL March 23 22, 2011 with meetings, schedules on holidays, among other things. He also provides a summary of the outcome of the items that the Board reviewed and follows the path to the City Commission and reports the outcome of their review. Because the past meeting was cancelled, Mr. Rumpf presented a brief report having only one item to report that was presented to the City Commission for review. The item was a Code amendment called the Ocean Avenue Overlay. Ocean Avenue Overlay  Creating an overlay over the Ocean Avenue area and surrounding blocks, implementing the redevelopment plan and some initiatives by the Community Redevelopment Agency (CRA) and most notably creating an Arts Campus with provisions to accommodate a host of arts type uses in that vicinity despite the current zoning being mixed, combining public use, residential and commercial. Attorney Cherof administered the oath to all who would be testifying. 6. Old Business st Alley Abandonment Between Ocean Ave. and SW 1 Ave. A.1 (ABAN 11-002) Kathleen Zeitler , Planning and Zoning, advised the Board that this item is presented again from January 25, 2011 due to a revision, as explained in the staff report. This st topic is the abandonment between Ocean Avenue and SW 1 Avenue and between nd Seacrest Boulevard and SW 2 Street. The property is an 18.2 foot wide alley that was platted as a right-of-way and never improved. It will be dedicated as a utility easement. th The reason this is being presented again is because at the January 25 meeting, some neighbors voiced concern over liability and maintenance issues relating to a proposed access easement that would pass over a portion of the alley to be abandoned on the west by about 200 feet. Ms. Zeitler provided a presentation which was viewed by the Board showing different views and photographs of the alley and the surrounding area. Previously, the decision was made to table this item prior to it being sent to the City Commission to allow time to address the concerns of the residents, as they were still unresolved. After a meeting took place with the different property owners that abut the alley which is used for access, the residents voiced concerns over the access easements. There were different options that were discussed with the residents. There was a condition that was presented previously that the property have both a utility easement and an access easement. One of the options discussed was to exclude the portion of the alley where there is access and leave the alley drive as is, but exclude that segment of the alley from the abandonment. Option two was to abandon the entire alley and make the full width a utility easement with no access easement at all. Option three was to abandon the entire alley with a utility easement and an access easement, which is what was proposed before. The last option was to abandon the entire alley, with an 18 foot utility easement and an access easement just on the north portion. The consensus of the neighbors was option two. Everyone except the property owners that 2 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23 22, 2011 own the rental accessory unit were at the meeting and all wanted no access easement. They were very opposed to the access easement going over their property and since there is alternative access, which is the primary access from Ocean Avenue, Staff revised the recommendation as approval with one condition, but the condition is revised to only propose a utility easement and no access easement. That is the only change before the Board and since it changed prior to it going to the City Commission, it should come back to the Board for another vote. Dave Kelley, City Engineer and representing the City was present to clarify any issues if necessary. Chair Saberson inquired of Ms. Zeitler if she spoke to the property owner that has the unit in back that accesses off the alley and whether they received another notice. Ms. Zeitler indicated she believed Mr. Breese spoke with the owner on the phone very early on, prior to the January 25th meeting and further advised the owner received a certified letter inviting him to the meeting but there was no response. There was in-depth discussion regarding all the options presented and which would benefit both the City and the property owners. Ms. Zeitler indicated the property owner attending the meeting that lives on the north corner voiced opposition to the access easement, as it would be going over their property. She further advised a letter was received from the property owner on the other corner to the south. She could not attend this meeting, but attended the Staff meeting and voiced her opposition to the access easement. Because that property owner could not attend tonight, she provided a letter voicing her opinion. A copy was provided and is attached to the minutes. It was the consensus that option two was most universally accepted as all the property owners were opposed to the access easement. The City agrees with this option and has revised their recommendations to require only the utility easement, requiring individual property owners to be responsible for maintaining the easement. Mr. Kelley stated with regard to the original application submitted to Planning and Zoning Division, option two was in the application request and the City no longer wishes to have that easement, as a City owned property. The property has not been maintained, but there are four utilities in that easement at the present time. Three of these utilities are aerial and one is underground. The City is converting the entire alley into a utility easement, which is normal, when there are heavy utilities in the back. The City wishes to abandon the entire alley because keeping a piece of it is not conducive and/or economically possible to maintain. The City has met with the concerned residents in the west end of number 12, the western block, and they are in agreement to what is in the best interest for them and the neighborhood, which was part of the original application submitted in October. Mr. Kelley explains this is a two alley abandonment procedure. The City’s Department of Public Works is not capable of maintaining and/or improving all the alleys that were originally created under the original town of Boynton. Most have not been maintained, except for the utility companies going in and taking care of their own individual systems in their franchised lines. The City is recommending that the entire alley be abandoned 3 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23 22, 2011 for the two blocks, therefore eliminating it from the City’s public right-of-ways inventory and put it into the individual property owner’s names by dividing equally. All have been notified by mail, at least twice, of the City’s intentions, beginning in August. Motion Mr. Barnes moved to approve Item 6. A.1, Abandonment of an 18.2 foot.wide alley, st located between W. Ocean Avenue and SW 1 Avenue, and extending to Seacrest Blvd nd from SW 2 Street, subject to all staff conditions. Mr. Miller seconded and motion passed unanimously. 7. New Business Green Building Program A.1 Nancy Byrne , Assistant Development Director and Sustainable Development Coordinator for the Sustainability Team was pleased to present a very innovative program. The City created a staff-based Green Task Force in February 2008. At that point, recommendations were brought to the City Commission to move forward with bringing in a community alliance to help vet some of the best practices that the initial team had put together. During the time the Commission was establishing the community alliance, an internal staff team was created, which is referred to as the Sustainability Team. This is a voluntary participation team that contains staff members from all departments of the City. There are approximately 20-35 participants, so it is a City-wide effort. In June 2009, the community alliance was established by the Commission and Board Member Barnes was an honored member. He participated in vetting those ideas. Recommendations were presented to the Commission and an energy efficiency and conservation block grant allocation was awarded. In August 2009, recommendations were brought to the Commission on how that funding could be used. A portion was used to create both the Greenhouse Gas Emissions inventory for the City and a Climate Action Plan. This plan contains a condensed form of the recommendations from the initial Green Team, the community alliance and other items that were presented by the consultant that helped put the program together. Within the Climate Action Plan, there is an implementation schedule, part of which contains the Green Building Program that is being presented. Staff evaluated various forms of green building programs throughout the country, looking at all types of pending litigation against communities that had undertaken green building programs. It was decided to go with a voluntary program. The State of Florida has its own building code, and the intention is not to circumvent that. The directive to the Sustainability Team was to help the City reach its overall greenhouse gas reduction goal. The best way to accomplish that is through energy efficiency and water conversation, those being the biggest target areas that can be reduced. Ms. Byrne continued that rather than picking one certification agency, like the US Green Building Coalition or The Florida Green Building Council, it was determined that anyone 4 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23 22, 2011 who wanted to do green that was going to meet the intent of the City’s reduction in energy and water conservation, should be rewarded for their efforts. The voluntary program is modeled after the International Code Council’s Green Building Code. The International Code Council is the basis on which the Florida Building Code is derived. It is one of the most popularly used building code coalitions that develops codes for municipalities not only in the country, but internationally as well. A review of the ICC’s program led to the finding of a whole section dedicated to municipal jurisdiction requirements. Even though the program is voluntary, a section of points can be determined that will give incentives for volunteering to participate in the program. The concentration was on the jurisdiction’s incentives, obviously on energy and water conservation, which are two areas that were included. The Art in Public Places is a participant in this incentive program. The Board has elected to allow contractors and developers to use a 70% portion of their Art in Public Places 1% fee that they pay on a permit toward Eco-art. Eco-art incorporates the actual physical systems of the building in a very educational and artistic way. For example, if someone were to put in a cistern that would capture water on the outside of the building, it would be used as a public education point and it will allow the use of the art money to make that a focal point. If systems are open to public exposure as in the art, a participant would be allowed to take that credit. Permit fees can be a substantial amount of money, so it is a good incentive. Earlier on, when the Sustainability Team was working with the community alliance, an expedited permitting ordinance, which the Commission had already passed, was introduced. It has been very successful. PNC Bank, at Boynton Center, came through the Boynton review process in an expedited manner and had two sites under review, one in Delray and one in Boynton. The one in Delray was scheduled to break ground ahead of the one in Boynton. However, due to the permit being issued nearly six and a half weeks earlier than Delray Beach, Boynton was built first. Two LEED certified projects have come through the City without incentive. This program currently for review is for commercial properties only. Another phase will be introduced fairly quickly that will incorporate residential properties. The third phase, once this is underway and successful, would be to offer a phase that goes into renewable energy. This program was recommended to the Commission. At the workshop on October 18th, staff was given a mandate to bring forth a green building program that allowed us to propose a fee. It was promised it would not be a prohibitive fee and would not be punitive to developers and people coming through so as not to be th discouraged. The number that was picked was1/10,000 of a penny and that is what would be put on the value of a permit. For example, if the value of a permit is $91.00, one penny would be paid to the green building fund. A commercial interior renovation with a value of $11,000 would pay $257.50 to the green building fund. What the fund will support is up to the Commission. A recommendation was made that would ensure the expedited permitting review is ongoing, allowing it to pay a portion of the staff costs. At present, the goal is to have the fund build far enough so that the first participant through the program can be rebated part of their permit fees. One of the requirements to receive the rebate is to come forth with the certification from whoever is under the code, including independent engineers. That saves developers a lot of money by not forcing 5 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23 22, 2011 them to go through the Florida Building Coalition or the USGVC and pay that commissioning fee. It allows them to have an independent engineer certify that with the approval of the building official. Mr. Timm inquired as to what the benefits would be to the business that elects to go with this program. Ms. Byrne stated one of the things it does for the businesses is it gives staff guidance on the location of the best energy efficiencies in the building. There may be slightly higher upfront costs, but as FPL prices continue to climb, there will be savings in the long run. On the City’s part, energy conservation, especially through water conservation is going to prevent the City from having to pay out the capital cost of putting in more water facilities. From the energy perspective for a business, they will gain from our expertise. The staff review is almost at the level of a LEED. It follows those certification programs. Mr. Timm further inquired what it would cost a businessman and what would the return be. While the fee is low, can it be altered by municipal commissioners or anyone. Ms. Byrne stated the Commission will determine the appropriate fee. There may be people who would elect to go through this without having any rebate and may want to voluntarily go through it. There are several LEED sites that have come into the City. LEED has a cost, maybe not a substantial one, but there is a cost to certifying a building through LEED. There were a couple of contractors that came through stating they want to build a green building, but did not want to pay the extra money to the organization to get the certificate. This program would make them do that. This is not mandatory, The Florida Building Code is the only mandatory building code. Ms. Byrne confirmed this is an independent program, so that it is not burdensome. As some of the developers come in and there is increasingly more awareness that the energy efficiency in the building saves money, especially over time. The developers want long term payback. There are tools available through the Department of Energy that can show the developers these savings and help them along. In addition, there are many Energy Star rating systems, where numbers can be run through the system. Mr. Miller expressed the need to locate the businesses that are looking to relocate to South County. This may be the way to accomplish it. This municipality will be the second municipality in the country to adopt this ordinance, and the Palm Beach County Coalition is watching closely as everyone is racing to do similar ordinances. The possibility of incentives and the necessity of them were discussed. Ms Byrne indicated that density incentives were discussed, but it is not in the program because we took baby steps. At the workshop with the Commission, it was decided to take a more cautious approach. If density ultimately is a big “carrot” for some, it will be brought and added. Ms. Byrne advised there was extensive discussion about the fear of density. Once you give it, you cannot get it back. Mr. Kravit inquired what the cost would be to the City to implement this program. Ms. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL March ~ 22, 2011 Byrne advised the program is self sufficient right now. The staff in place will administer it. All the inspectors are licensed to be State Building Inspectors in addition to being ICC certified. Chair Saberson opened the floor to the public. No one coming forward, the Public Hearing was closed. Vice Chair Barnes wanted to make it known that he agrees this is a good use of the money to try to give it back as an incentive. Motion Ms. Grcevic moved to approve the implementation of the voluntary Green Building Program, including procedures and incentives intended to promote Green Building practices into development projects including application to the City buildings and facilitating the monitoring and reporting of municipal performances recommended by the Community Action Plan (CAP). Applicant - City initiated. Vice Chair Barnes seconded the motion. The motion passed 7-1 (Mr. Kravit dissenting). 8. Other None. 9. Comments by members None. 10. Adjournment Motion Mr. Timm moved to adjourn. Ms Foertsch seconded the motion that unanimously passed. The meeting adjourned at 7:06 p.m. tJiu CC^-('0U' L' Ellie Caruso Recording Secretary 7