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Minutes 01-28-14 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JANUARY 28, 2014, IN THE CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BE FL ORIDA PRESENT: Roger Saberson, Chair Mike Rumpf, Planning Director Ryan Wheeler, Vice Chair Ed Breese, Principal Planner James Brake Stacey Weinger, Assistant City Attorney Sharon Grcevic David Katz Brian Miller Aieshia Macon, Alternate Stephen Palermo, Alternate 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:31 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. Miller moved to approve the agenda. Mr. Katz seconded the motion for discussion and requested an update be given on the abandonment approved at the last meeting. This would be included under Communications and Announcements. The motion unanimously passed. 4. Approval of Minutes from October 22, 2013, meeting Mr. Brake requested a change on Page 7, fifth paragraph to include a legal term as follows: "Mr. Brake asked Mr. Evans if Bill's Automotive is a going concern ... " Motion Mr. Miller moved to approve the minutes with the addition. Mr. Katz seconded the motion that unanimously passed. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FL JANUARY 2, 2014 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, welcomed the new Board Alternate, Aieshia Macon, to the meeting and wished all Happy New Year. He reported on November 19, 2013, the Land Development Regulation (LDR) Amendment regarding Showroom/Warehouses was approved on Second Reading. This accommodated a new type of use in Industrial Parks, and permitted retail showrooms and other items. On December 3, 2013, the City Commission approved reasonable accommodation provisions in the LDRs in accordance with federal requirements. Staff was in the process of creating an application for the process if one appealed. The abandonment proposed by staff and conjoined with a private party was withdrawn by staff and would proceed no further. Mr. Katz commented at the meeting when the item was approved, he felt the Board was not given all the information. The owner of Cuthill's owned the other two buildings on both sides of the abandonment, which was not made known. He would not have voted to support the item had he had that information at the meeting. 6. New Business: A. CP Test Amendments, ED, TOD, HP (CPTA 14 -001) — approve amendments to the Comprehensive Plan Future Land Use, Transportation, Housing, Coastal Management, Intergovernmental Coordination, and Public Schools Facilities Element that 1) support economic development through preservation /expansion of industrial /commercial land; 2) guide development in the future Downtown Transit Oriented Development District; 3) incorporate Historic Preservation Program; and 4) address legal requirements, unnecessary restrictions, omissions and inconsistencies in the Plan and LDR. Applicant: City - initiated. Hanna Matras, Senior Planner, commented staff has not had a Comprehensive Plan Text Amendment for some time so there were several. She noted this is the first time staff would be processing the Comprehensive Plan Amendments with the new rules implemented by the Florida Legislature in 2011. If the amendments are approved by the City Commission, staff will forward the proposed amendments to the State Planning Agency and reviewing Agency, which is now the Florida Department of Economic Opportunity. Staff will receive a response to comments the State may make, and the City will hold an adoption hearing. The process is much shorter than the prior process. One major change was the viewing agency is limited, in the scope of their comments, to adverse impacts or undefined State and regional resources and facilities. The second major change was there was now no limit to the number of amendments the City could submit each year. 2 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FL JANUARY 28, 2014 The three major components are policy changes in support of Economic Development, Transit Oriented Development (TOD) and Historic Preservation. In these three areas, the LDR were already amended and these further amendments will follow, but because of new projects and the schedule, it was more convenient to handle them this way. The three items were essentially codified. The main objective of the Economic Development amendments were to include an additional level of analysis to the land use amendment rezoning actions as part of staff's review of their potential impacts on the availability of commercially and industrially developable land. It will look at the balance between housing and City jobs. The LDRs was already amended to include the economic development benefit criteria. When land use amendments are made through zoning, there are additional questions staff uses to evaluate the application to see if it would further economic development goals. Staff was already reviewing locations for industrial and heavy commercial districts, and later this year, as staff develops an economic development plan for the City, staff will incorporate it in the Comprehensive Plan as an additional element. Ms. Matras explained staff was reviewing Transit Oriented Developments (TODs) and introduced Kim Delaney, Strategic Development Coordinator from the Treasure Coast Regional Planning Council. If there were questions, Ms. Delaney could answer them as she has piloted the program for several years. She has been very helpful in assisting staff with changes to the LDR, Comprehensive Plan language and map of the TOD in Boynton. As part of the LDR amendment for the TOD, staff adopted minimum densities and this amendment included a 25% density increase for higher density land use classifications The third major element was Historic Preservation. The City now has a Historic Preservation Planner and program which was already codified; however, these policies will further support the Plan. There are seven more amendments. Three of them address inconsistencies between the Comprehensive Plan and the LDR. Staff recalled some amendments to the LDRs and Comprehensive Plan were made via Evaluation and Appraisal Reports and when inconsistencies were discovered, staff addressed them. These inconsistencies were the applicability of the special high density residential use classification; the maximum floor area ratio for the mixed -use land use classification, and annexation. There was lack of coordination between the Code and the Comprehensive Plan. Amendments would address internal inconsistencies in the plan when there is language that describes the allowable permitted uses in each classification and staff added language to reflect the uses would be limited, but not necessarily included to give staff more flexibility in a few existing classifications. 3 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FL JANUARY 2, 2014 Two proposed amendments deal with compliance with State and Federal laws. One pertained to mental and physical disabilities in the Housing Element in terms of priorities of funding. The other dealt with group home location language, which staff worked with the Legal Department on to ensure the provisions met federal requirements. After Ms. Matras' presentation, Mr. Katz commented he was glad to see language added to Policy 1.173 and noted later in the document, it mentioned there are only about 50 acres of industrial land in the City. He recalled a few years ago under a different City Commission, the City decimated Quantum Park and allowed housing there. He did not know why it was done and he hoped staff would be a strong arm with officials to preserve what is left. It was his opinion, had the land been available, that Scripps may have located to the area Ms. Matras recalled the issue. Staff had looked at several parcels. There were two large parcels in Quantum. One was in the City that did not have an industrial designation, but may have in the future, and the other was in the County that hopefully would remain industrial. Mr. Katz spoke about Policy 1.18 pertaining to transit supportive land development patterns and inquired if Boynton Beach would have a train stop Ms. Delaney explained the City has always had several stations identified for future rail service on the corridor, but they were narrowed down to downtown stations having the highest ridership and being the most central for the City. The station was in the current plan being reviewed through the Florida Department of Transportation (FDOT), the South Florida Regional Transportation Authority ( SFRTA) which operates Tri -Rail, and the Palm Beach County Metropolitan Planning Organization (MPO) which is the City's representative to advance the project. The finances were being worked on and over the next 18 months, the City will learn more about the costs in terms of capital outlay and longer term operational and maintenance costs. Mr. Katz inquired if a station would be constructed before a major development occurred or if it would happen in the reverse order. Ms. Delaney explained the corridor will be under construction this year or next. The All- Aboard Florida service, which is introducing passenger rail and express service, will double track the corridor. As part of that project, the FDOT and SFRTA were moving quickly to identify stations so any infrastructure in the right -of -way can be installed at the same time. The platform will be in the right -of -way and whatever improvements the City and CRA were considering will not have a point of conflict. The driver for the success of that station is the pedestrian access and mix of uses at sufficient densities to yield a real benefit in terms of an economic return and ridership. They correspond to one another, but they can happen independently. As long as the pieces are laid out to complement each other, both can exist harmoniously in the long term. 4 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FL JANUARY 28, 2014 The double track proposed by FEC Industries, which controls All Aboard Florida, is the same track needed for commuter rail service. It is a benefit to the region to secure payment for its construction and it advances the project faster. The City would be a dues paying tenant and once there is an outlay of capital, there is motivation to enable capacity to be used at a profit. Mr. Katz asked about Policy 2.4.17 which states "The City shall strive to adapt its transportation network ... ". He commented the City does not have a transportation network as they eliminated the Shopper Hopper. Ms. Delaney commented the City does have a transportation network. It does not have a trolley, but it has roads and a network. Mr. Katz commented that page seven of the staff report seemed to be a total redo of the downtown. Ms. Delaney explained it was a pleasure to work with staff and noted Boynton Beach was progressive in putting their amendments in place early as it increases the viability of the entire corridor if better regulations are in place. The language was from the model language that is the basis of the Florida TOD guide book published by the Florida Department of Transportation and authored, primarily, by the TCRPC. The notion of having streets with pedestrian connections, sidewalks, landscaping, shorter blocks and other amenities is a long -term plan to implement over time. The City currently has a good inventory of those components and the report will provide future direction for the City to allow blocks to have those connections through them as new development occurs. The more connections, the better the pedestrian feel. Ms. Delaney expressed her opinion that downtown Boynton Beach already has those characteristics. Policy 8.6.6 discussed the City helping coordinate and r obtain a station. Mr. Katz inquired what type of help the City needed besides political support and if financing was involved. Ms. Delaney responded yes to both. Positioning the Comprehensive Plan policy was helpful because the City was setting the foundation for a more successful train station in the long term by considering land use patterns, densities and intensities, and mix of uses and connectivity which makes transit more successful. Vice Mayor Hay is on the Palm Beach MPO and the City is represented on all MPO advisory and technical committees. There is an expectation there would have to be some type of financial responsibility on the part of the municipalities where stations are located. In a best case scenario, there would be 50% funding through Federal New Start grants, 25% at the State level and 25% on the local level. The financial projections are being reviewed and will come back to the MPO in June for presentation and review by elect officials. On the operational and maintenance side, there is an expectation that municipalities having stations will have some form of carrying costs that may be elevated to the 5 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FL JANUARY 28, 2014 County level and disaggregated or it may be individual local contributions. Boynton Beach is well positioned because the station is within the CRA District. It would fulfill the CRA plan and allow for the expenditure of CRA funds for it. There are also other appropriate forms of local government financing that will be decided on at the City Commission level. Mr. Katz requested an example of a Special High Density Residential Development and a question was posed what the difference was between. Special High Density Residential and High Density Residential. The Peninsula was high density residential and has 11 dwelling units (dus) per acre. Special High Density Residential allows for 20 dus. Height is not governed by land use specifications. It is governed by zoning district and the designation will not allow 20 stories. Mr. Katz inquired how the project would affect water and potable water usage. Ms. Matras explained when land use amendments are processed for a project, they forward the request to Utilities and they issue a formal response. A detailed analysis of the capacity for utilities is conducted and the City can provide the service for this project. Staff evaluates the availability of all services, not just water, each time there is a project. Mr. Katz inquired about the Coastal High Hazard area and intensification of development. He noted there was an overlay and asked why development would be allowed. Ms. Matras explained the City does not permit it. The Coastal High Hazard area mainly has a Conservation overlay which does not permit development on those properties. What is covered in the Coastal High Hazard area is already either developed or undeveloped. Mr. Brake inquired how the Transportation Concurrency Exception Area (TCEA) was designated. Ms. Matras explained around 2005, the City hired a consultant who completed a TCEA Justification Report and analysis and developed a threshold for all types of development that encompassed housing units, commercial and industrial development, and number of hotel rooms that cannot be exceeded. Each year, the City sends a report to the County about new development stating whether they exceeded the threshold and answering other questions about infrastructure, the CRA and Affordable Housing. Mr. Miller wished all a Happy New Year. He inquired how involved the Planning and Development Board will be in the development of the train station. Ms. Matras did not believe issues such as financing would come before the Board, but the public infrastructure and the train station building would. Mr. Miller inquired about the status of 500 Ocean. Mr. Rumpf explained the project known as 500 Ocean and formerly known as the Arches had submitted plans to staff for review. The project is scheduled to come before the Board in March and the City 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FL JANUARY 28, 2014 Commission in April. There would be a full site plan review and the project is a Planned District Mixed -Use project involving an Ordinance for the Mixed Use zoning, a Master Plan and corresponding Site Plan. The project varies in height and has predominately residential zoning. Staff was requesting more commercial frontage along US 1. It is proposed for 12K square feet of single family and commercial space including almost 400 dwelling units in a multi - family style. The review was in the site plan stage and the developer had submitted all the elements, architectural drawings and the basics. The project will meet the minimum thresholds. A text amendment would be coming before the Board at the next meeting which would adjust the minimum thresholds for floor area ratios. In terms of the train station, staff was working to increase the dwelling units to increase demand for the station. Mr. Miller inquired if Planning and Development was involved with the widening of the beach and Mr. Rumpf 'responded they were not, nor did he know how much the beach would be widened. Mr. Palermo inquired about how the train station would be funded. Ms. Delaney responded she had referenced the funding model used to fund other projects including Sun Rail in Orlando. The project was unanimously recommended to move forward in December on a time - limited, two -year study phase which begins in March. Federal Code allows this region to spend no more than two years to commence an analysis and submit the project for funding consideration to the Federal Transit Administration. The submission would include a thorough review of the finances. The financial models are being reviewed and presented to the Metropolitan Planning Council and they would continue to be presented to them as well as each local government that will have financial responsibility. The City will be completely engaged. Financial commitments would occur about 18 months after the project begins in 2016 and in order for the TCRPC to submit a request to the Federal Government, the commitments need to be documented. Mr. Palermo asked if there is an increase in high density homes or population in the area. Ms. Matras explained there would be. The TOD guide recommends, in the City's circumstances, there be 7,000 people living in the area. Presently, there are about 4,300 living in the area. The increase would effectively promote the station and those residents will pay taxes. Mr. Katz noted the staff report does not address a population cap, only a unit cap. The City was already halfway to its goal. Chair Saberson opened public comments. No one came forward. Motion Mr. Miller moved to approve. Mr. Katz seconded the motion that unanimously passed.. 7 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FL JANUARY 28, 2014 7. Other 8. Comments by members Mr. Miller asked what would be on the next agenda. Ed Breese, Principal Planner, responded a retail project on S. Congress called I Storage and possibly a Code Review of the floor area ratio would be on the next agenda. Mr. Miller further inquired why there was a slowdown of projects and Mr. Breese explained it was due to economic times, but activity was increasing. A list of minor site plan modifications was provided to the members. 9. Adjournment Motion There being no further business to discuss, Mr. Miller moved to adjourn. Vice Chair Wheeler seconded the motion that unanimously passed. The meeting was adjourned at 7:18 p.m. x Catherine Cherry Minutes Specialist 140219 8