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.
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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.
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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
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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
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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
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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.
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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
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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
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