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The abandonment proposed by staff and conjoined with a private party was withdrawn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.
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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.
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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.
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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
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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
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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..
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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
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