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Minutes 03-16-13 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD O TUESDAY, MARCH 26, 2013, IN THE CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Mike Rumpf, Planning Director Sharon Grcevic, Vice Chair Ed Breese, Principal Planner James Brake Stacey Weinger, Board Attorney David Katz Ryan Wheeler Shirley Cassa, Alternate Stephen Palermo, Alternate ABSENT: Cory Kravit Brian Miller 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Mr. Katz led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Motion Mr. Katz moved to approve the agenda. Mr. Brake seconded the motion that unanimously passed. 4. Approval of Minutes from February 26, 2013 meeting Motion Vice Chair Grcevic moved to approve the minutes. The motion was duly seconded and unanimously passed. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL March 26, 2013 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning Director, reported the City Commission, at the March 5, 2013, meeting, approved the abandonment at Galaxy Way; and on March 19, 2013, the City Towing New Site Plan was approved. The Manatee Seaview apartment project Rezoning and Land Use Amendment was approved on first reading. 6. New Business: Attorney Weinger administered an oath to all those intending to testify. A.1. Seabourn Cove — Phase II, Utility Easement Abandonment (ARAN 13 -002) — Approve the Abandonment of a three (3) foot wide Utility Easement (ABAN 13 -002) running in an east -west direction for a distance of 918 feet located on the original Killian's Park plat and currently being developed as Seabourn Cove — Phase II, zoned PUD (Planned Unit Development) Applicant: Bradley M. Miller, Miller Land Planning Inc. Ed Breese, Principal Planner, presented the abandonment request as noted above and located the project area on a map. The easement is being vacated because there are no utilities in it, nor will there be in the future. Since it no longer served a public purpose, staff added a condition that the applicant make a formal application for an abandonment. All utility companies were notified and no objections were received. Staff recommended approval of the request. Bradley Miller, the applicant, explained this was a housecleaning item as it was an item left over from the site plan. He stated on record he had no relationship with anyone on the Board. Chair Saberson opened the public hearing. No one coming forward, the public hearing was closed. Motion Mr. Katz moved to approve. Mr. Brake seconded the motion that unanimously passed. Mr. Katz inquired if there was anything that could be amended or done administratively to avoid having to go through the abandonment process. Mr. Breese commented he would speak with the Legal Department and noted if the procedure could overcome the Ordinance Readings, staff would be pleased with the change. Typically, abandonments are done at the same time as the Site Plan, but sometimes, for reasons beyond their control, the abandonment lags behind. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL March 26, 2013 B.1 Economic Development and Interim LDR Amendments (CDRV 13 -001) — Approve Amendments to the Land Development Regulations (LDR) to 1) Create Transit Oriented Development provisions and standards; 2) revise applicability of Flood Elevations and . Freeboard Standards; and 3) further amend parking requirements in support of adaptive reuse projects. Applicant: City Initiated. Mr. Rumpf presented the above request. Kim Delaney from the Treasure Coast Regional Planning Council would discuss Transit Oriented Developments and compact developments. She plays a lead role in the corridor studies and implementing passenger service on the Florida East Coast (FEC) railway. She has been assisting the City in formulating regulations and introducing standards into the Code. Andrew Mack, from Building and Engineering, would make a presentation on flood zones, and the parking zone changes would be presented by Mr. Breese. Kim Delaney, Treasure Coast Regional Planning Council, explained they were following the State's leadership and guidance on Transit Oriented Developments (TODs), which are applied to existing land development patterns that are pedestrian - friendly and well connected. In working with staff and the State, she tried to assist the City in creating a TOD pattern of land use, in advance of a commuter rail station, for Boynton Beach and about 35 communities along the FEC Corridor. Ms. Delaney explained there were inefficient relationships between transportation infrastructure and land development patterns, which are evidenced in Palm Beach County from the amount of travel delay time and the congestion costs to the region. The Texas Transportation Institute has generated national data on the matter. As lanes are added, there is a diminishing return. The State also anticipates the population would substantially increase in the future. The challenge is the impact it will have on the State's roadway network. Some corridors were at capacity and there is not enough land to expand the roadway network or the funds to purchase additional rights -of -way to accommodate the population increase. The population, over the last 20 years, grew by 53 %, but the amount of driving increased by twice that amount. The population forecast for the next 20 years was 82% and the roadway network will grow by 40 %. Transportation conditions, such as the price of gasoline and "green" practices are considered. It was noted transit investments have the most direct correlation with an increase in land values and economic sustainability. The South East Florida Region has competitors, and a comparison with them showed successful and sustainable regions have existing and expanding transit networks. Many other countries make significant investments in transportation. The basis of a TOD is a walkable environment with mixed uses and interconnectivity that relates to pedestrian access. Another component is those factors must exist at a high enough density or intensity to make the transit investment make sense. There 3 Meeting Minutes Planning and Development Board Boynton Beach, FL March 26, 2013 should demographic suitability, a system of streets and blocks, a good mix of building and uses, building design and placement. The State has already advised this was a priority and they would like to see higher densities appropriately located and in the nodes that are served by transit service. Transit Adjacent Developments (TADS) do not take advantage of the transportation investment. While there may be a lot of development near a rail station, it did not guarantee an increase in ridership. Proper parking placement and tying in with other transportation modes were other components of successful TODs. Examples of TODs and TADS in Florida were viewed. Ms. Delaney explained TODs were not one size fits all. Commuter rail service is provided by Tri -Rail. Faster service or high speed rail is available and InterCity Rail is provided by Amtrak. Slower speed services are provided by local bus, bus rapid- transit or light rail as well as trolley and street car service all of which have a relationship with land use. Those land use patterns would vary according to the type of service that is running. The State is planning premium passenger rail and transit service across the State. Amtrak, in this region, transports about one million passengers. An Amtrak expansion is planned for the FEC corridor. Tri -Rail, which runs on the CSX tracks, in the long term, planned to add a Tri -Rail Coastal Service to run on FEC tracks, and the FEC will add an All Aboard Florida service, which will be operational by 2015. It will start with four stations planned for downtown Miami, Ft. Lauderdale, West Palm and Orlando International Airport. It will be a three -hour run from Miami to Orlando and an hour and 45 minutes from West Palm to Orlando. This opens the door to get commuter service quicker. Amtrak will also run on the same corridor and have eight new stations and a new cross over station constructed in West Palm Beach. The eight new stations will start in Stuart, and travel up the coast to Jacksonville. This may happen in conjunction with the All Aboard Florida service. Amtrak operates 18 stations on 72 miles, and Boynton Beach has a station on Gateway Boulevard. The service that has the most opportunity for the City is the Coastal Link Service. It will have 30 new stations along the FEC tracks including one in Boynton Beach near the Ocean Avenue intersection. This service is currently under study. Using a best case scenario, the service will be available in five or six years and it was important to start planning for it now. Staff asked the Planning Council to assist with planning for it before it is implemented. When focusing on TOD's, the immediate focus is on the first quarter mile radius. The 125 acres around a station is the transit core and this concept was the subject of the LDR amendments. The City's future is to move forward with some type of rail. Chair Saberson thanked Ms. Delaney for the presentation and indicated he had worked with her in the past. She is a leading expert in community development. Brief questions and answers followed. The property identified by the City and FEC for a station was undeveloped and would extend onto private land. A station would only 4 Meeting Minutes Planning and Development Board Boynton Beach, FL March 26, 2013 need a depth of about 20 feet, but it could be integrated into something else. All cities along the corridor were being approached to participate in the project. Many cities want a station, but there is a size requirement needed' to move the project forward. There is a concerted effort to narrow down the number of stations so the corridor would have enough stations to be functional, but not so many it would be cost prohibitive to get the service started. All of the agencies involved were trying to advance the planning study into a construction study and the list was narrowed down to 32 station locations. To the north would be Lake Worth and West Palm Beach. Boca Raton would have a station to the south. Lantana may not come online at the same time due to its lower population and it is the subject of continuing discussion. The proposed station in Boynton Beach would be at an existing grade crossing and the station platform would, ideally, abut Ocean Avenue to avoid expensive infrastructure. The maintenance responsibility would be from several parties. A Steering Committee, composed of the Palm Beach County Metropolitan Planning Council, the Florida Department of Transportation, the Regional Planning Councils and RTA, would address those issues. There would likely be a blend of funds directed to operations and maintenance. The City would take on some of cost, but would receive a direct benefit. Participation by Palm Beach County was also anticipated, but it was still unknown what funds would be needed for operation and maintenance as the State indicated they did not want to fund those components. Usually connecting bus services would bring individuals to the corridor. There would be a focused effort to have connecting transit and other mechanisms to bring riders to the service. The Metropolitan Planning Council, on the county level, is focusing on pedestrian connections from the FEC corridor to the CSX corridor that does not involve buses. They were looking to improve those connections and help get them funded. Ms. Delaney pointed out anything done in addition to that by the City would be great. There would be rail connections between the two tracks. One would be in West Palm Beach. Mr. Rumpf explained the City has a good base already. The redevelopment districts and plans, adopted years ago, generated the mixed -use districts that exist today. Currently, there is a four- district system in place and two of the districts were utilized. One example was the large towers in the downtown area constructed under the current mixed -use high regulations, and three district regulations for mixed -use low were used in constructing the Las Ventanas project. Staff was 'tweaking the regulations, including words and definitions. Supportive language was needed before items would be heard by the Board. One of the key components of the amendments were the minimum requirements. When evaluating where trains would stop and the infrastructure place, the priorities would be based on density and need. Staff sought to establish the framework to promote these. Minimum densities are limited to the core area and would prevent the taking of land zoned for 5 Meeting Minutes Planning and Development Board Boynton Beach, FL March 26, 2013 mixed -use high and develop it according to the downtown vision. There was more benefit to the amendments than just the rail service. It promoted the downtown as an activity center, which is enhanced by the water front area. It supports infill and urban sprawl initiatives and supports the redevelopment mission of the Community Redevelopment Agency. The mixed -use districts are established. The land is vacant. Developers come to staff for a rezoning, and development thresholds and standards are known upfront. Mr. Rumpf would review the table which was being amended and advised they consolidated the local collector street system scheme and eliminated duplication. Staff also proposed to eliminate the section of the Code entitled Sky Exposure Plain. When the mixed -use high regulations and standards were introduced, the height restrictions were extended to 150 feet. Staff wanted them to be implemented with sensitivity to shadowing adjacent land uses and hoped they would reinforce creativity and step backing in architecture. He thought there should be more flexibility given to the architects to address the issues that should be prioritized, which were streetscapes, traditional architecture and uniqueness. The text narrative of architectural terms was included in the amendment. Andrew Mack, Chief Building Official, City Engineer, explained the amendments cleaned up the Code. Staff was seeking to move some of the regulations that exist in the administrative amendments to the Florida Building Code into the LDRs. These govern Freeboard, which was the finished floor elevation of a structure above the base flood elevation. The second component deals with the City's participation in the National Flood Insurance Program. As part of that, the City requires a freeboard, which is 12 inches above the base flood elevation. By doing so, the City receives credit points, which affords City residents a discount on their flood insurance. After reviewing the matter, staff saw this as onerous and expensive for those adding building additions because the freeboard results in having two different floor elevations. Staff received many complaints about it and many projects were abandoned because of it. Staff proposed to implement the requirement for new construction. In order to keep with the program, staff sought to reduce, when the applicant requests a building addition, the freeboard requirement to the base flood elevation, so the applicant would not have to elevate the structure 12 inches above the finished floor requirement. It also fostered economic development. It was noted the base flood elevation was at the 100 - year flood level. Chair Saberson commented his home was constructed in 1984 to the 100 -year flood level. Homes on either side of his were constructed with a base flood level higher than his. He commented if a home is constructed behind his to the higher base flood level, should there be.a storm, his home would flood. He noted this has happened in other areas and to Bethesda Hospital West. They waived the elevation of the land, and the packing farms next door flooded. He thought the City should do something to protect existing property owners from the effects of new construction. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL March 26, 2013 Mr. Mack explained part of new development requires that post- development drainage has to be no more than pre - development. Drainage should be retained on -site. The provision was contained in the Engineering and Design Handbook and Manual, not in the Code. When there is an infill property, drainage requirements have to account for the historical flow of drainage through property. Mr. Wheeler explained some of the provisions. Steve Palermo, Board Alternate, inquired if there were additional anchoring and piling requirements. Mr. Mack responded there were some changes in the coastal zone area, but not in this amendment. Mr. Breese presented parking modification changes for adaptive reuses. Staff evaluates existing buildings that are vacant or underutilized and what could be done with them in the interim before the redevelopment envisioned in the plan occurred. A few years ago, the Ocean Avenue Overlay was created which reduced parking requirements for properties that abutted Ocean Avenue between the railroad tracks and Seacrest Boulevard. Staff believed it would lead to development opportunities there, but the economy declined. The Historic Jones Cottage was moved into the district, The Community Redevelopment Agency staff was working on a tenant for the Magnuson House and was in the process of developing plans for a new public parking lot off of Ocean Avenue to meet the parking needs of the area as it redevelops. Staff was contemplating extending those incentives to other areas along Federal Highway that are zoned C -4 and CBD, areas on the Boynton Beach corridor between Seacrest and the railroad tracks which are zoned C -3, and areas west of Seacrest to I- 95, which are zoned C -2. Staff sought to implement a reduction of a percentage of the required parking, up to a maximum of 10 parking spaces, for building enlargements and change of uses in the structures. Parking could be leased within 300 feet of the business. Currently, the parking area has to be owned by the business owner and if off- site parking was wanted, the owner had to own the off -site parking parcel. Staff suggested long -term parking leases would be acceptable and to extend the payment in lieu,of parking provisions beyond the CBD. Presently, the owner can pay into a fund not to provide parking in the CBD. Staff also recommended increasing the percentage in the number of parking spaces eligible for the payment for in lieu of parking provision, from 10% to 25% of the required parking. An inquiry was made about how many cars would be parked downtown in the future. Mr. Breese explained part of the incentive is to create additional parking areas. The Community Redevelopment Agency purchased parking spaces within developments along Federal Highway, and they seek to create parking spaces to help businesses along Federal Highway thrive until such time as the mixed -use projects occur and redevelopment occurs. This is to create an opportunity to share parking with neighbors, find parking within 300 feet through a lease, pay in lieu of providing the parking and increase the parking either in new developments or on properties that are not being utilized. This was an interim measure and it is only designed for adaptive reuses, not for 7 Meeting Minutes Planning and Development Board Boynton. Beach, FL March 26, 2013 someone to demolish a property and build new. Mr. Breese explained there were no immediate plans for a parking garage and the Community Redevelopment Agency is looking to incentivize projects and requiring parking spaces rather than the Agency constructing a parking lot. They are in the process of developing a property for a parking lot, which in the future could become a parking structure. Motion Mr. Brake moved to approve. The motion was duly seconded. The motion passed 6 -1 (Chair Saberson dissenting on the basis of his drainage comments). 7. Other None. 8. Comments by members Mr. Palermo noted the utility abandonment for Seabourn Cove and inquired what the building and minor site plan modification plans were for the project. Mr. Breese responded the applicant was slightly shifting the parking, increasing the areas that had covered parking and the size of the recreational amenity. 9. Adjournment Motion There being no further business to come before the Board, Mr. Brake moved to adjourn. Mr. Katz seconded the motion that unanimously passed. The meeting was adjourned at 7:40 p.m. a Catherine Cherry Recording Secretary 042313 8