Minutes 05-27-14 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON
BEACH, FL. ON TUESDAY, MAY 27, 2014 AT 6:30 P.M.
PRESENT:
Roger Saberson, Chair Mike Rumpf, Planning & Zoning Director
Ryan Wheeler, Vice Chair Ed Breese, Principal Planner
James Brake Stacey Weinger, Assistant City Attorney
Sharon Grcevic
David Katz
Brian Miller
Gregory Murphy
Stephen Palermo, Alternate
Aieshia Macon, Alternate
1. Pledge of Allegiance
Chair Saberson called the meeting to order at 6:33 p.m. Ms. Grcevic led the Pledge of
Allegiance to the Flag.
2. Introduction of the Board
Chair Saberson introduced the members of the Board.
3. Agenda Approval
Mr. Murphy moved to approve the agenda. Mr. Katz seconded the motion that passed
unanimously.
4. Approval of Minutes —April 22, 2014
Mr. Katz requested the following change to the April 22, 2014 minutes:
• Mr. Katz was present at the last meeting; however, the minutes do not reflect his
presence.
Mr. Katz moved to approve the minutes with the amended changes. Mr. Miller seconded the
motion that passed unanimously.
6. Communications and Announcements: Report from Staff
Mike Rumpf, Planning and Zoning Director, stated there was one item for discussion from
the May 20, 2014 City Commission agenda. The time extension request for the Gateway Hotel
project was approved by the Commission for 12 months instead of the 18 month extension
requested.
Mr. Rumpf stated there would be a short presentation by staff added to the agenda
under Item #7 regarding the minor modification list distributed to the members.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
OYNTON BEACH, FL. MAY 27, 2014
Chair Saberson acknowledged Commissioner Merker in the audience.
6. New Business
Attorney Weinger administered an oath to all those intending to testify.
A. Minimum Development Intensity for Transit Oriented Development District (CDRV
14 -001). Approve amendment to the Land Development Regulations (LDR)
modifying minimum F.A.R. (Floor Area Ratio) for projects zoned Mixed Use -High
(MU -H).
Hanna Matras, Planning and Zoning Senior Planner, reported the City has been working with
Treasure Coastal Regional Planning Council on both Code and Comprehensive Plan
amendments to improve land development patterns around the future downtown rail station at
Ocean Avenue and FEC tracks.
In June 2013, the City Commission approved amendments to the Land Development
Regulations to create Transit - Oriented Development (TOD) provisions intended to guide
development around the planned downtown train station for the future Tri -Rail Coastal Link
commuter service. The amendments added standards for the mixed use zoning regulations, the
minimum density and intensity criteria for mixed use districts within the Transit Core and the
Station Area, defined as a % mile and Y2 mile radius around the station. The most significant
features of TOD are increased density and intensity.
The minimum F.A.R. noted in the amendment for the MU -H zoning designation was 2.5. The
minimum of 2.5 was arrived at by staff through the analysis of existing projects. However, the
Florida Transit - Oriented Development Guidebook (FTODG) recommends reducing the F.A.R.
from 2.5 to 2.0. There are three types of transit stations; regional, community and
neighborhood. The Boynton station falls into the category of a community station and the
request is to be consistent with the FTODG which reduces the F.A.R. from 2.5 to 2.0.
When Mr. Brake inquired if the intention was to make it less intense than originally planned, Ms.
Matras explained reducing the F.A.R. to 2.0 would ensure that developers would not build below
what was needed.
Motion
Mr. Katz moved to approve decreasing the F.A.R. from 2.5 to 2.0. Mr. Brake seconded the
motion that passed unanimously.
B.1. 500 Ocean (REZN 14 -001) — Approve request for 500 Ocean (REZN 14 -001)
rezoning of subject property from Mixed Use High (MU -H) with expired Master
Plan for 378 multi - family residential units plus retail to Mixed Use High (MU -H)
with a new Master Plan for 341 multi - family residential units plus retail, located at
101 South Federal Highway. Applicant: John Wohlfarth, IBI Group.
Bonnie Miskel, 14 SE 4 th Street, Boca Raton, was present on behalf of the applicant and
explained she was present eleven years ago when the first project for this location began. The
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
OYNTON BEACH, FL. MAY 27, 2014
original plan was similar to the current project. Mixed use residential was the principal
component. The original developer was inexperienced and flipped the project within a few
years after receiving approval. The second developer was interested, but nervous about the
economy and flipped it to another developer who unfortunately could not get it off the ground in
time before the market fell. It went back to the lender who still has it today. The original
approval was zoned for the Mixed Use High (MU -H) which was consistent to the Mixed Use
Core land use. Even though the master plan expired, Ms. Miskel explained it was a requirement
to go forward with a rezoning even though the rezoning was from Mixed Use High to Mixed Use
High. There was a new site plan (master plan) which would be presented following the rezoning
request.
M otion
Mr. Katz moved to approve the request for 500 Ocean (REZN 14 -001) rezoning. Mr. Brake
seconded the motion that passed unanimously.
B.2. 500 Ocean (NWSP 14 -002) — Approve request for New Site Plan approval to
construct 341 dwelling units within five (5) and six (6) story buildings, retail space
and associated recreational amenities and parking on a 4.69 -acre parcel located
at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group.
Ms. Miskel said the project was called 500 Ocean and is located at the southwest corner of
Ocean Avenue and Federal Highway. This was the companion item previously presented for
rezoning. The developers would present the full site plan.
Beatrice Hernandez, MSA Architects, 7695 SW 204 Street, Miami, thanked staff for their
help and expressed her excitement about moving this project forward.
This mixed use project was comprised of 341 residential, market rate luxury apartments with
just under 20,000 square feet of retail and office space. The residential units wrap around the
entire block of the project. Ms. Hernandez referred to the PowerPoint presentation to describe
where the residential apartments versus the retail and office properties would be located in the
project.
Some amenities and public space would consist of two private garden -style courtyards for the
residents. One would have a pool and outdoor amenity space and the other courtyard would be
in the center of the site. The amenity space for the residents faces Federal Highway with an
urban court drop -off area that spills over both sides and connects to the courtyard. The north
side would consist of the retail component with additional residential space which bridges and
connects to the south side of the project. The retail element contains a series of public plazas.
One would be located on the corner of Ocean Avenue and Federal Highway which would have
an art sculpture for the community as a gateway to downtown Boynton Beach. There would be
another series of smaller plazas to the west consisting of arcades with more retail space.
There would be two types of parking conditions; surface parking for easy access to the retail
spaces and a central breezeway in the middle of the block to access retail space along Ocean
Avenue. Additional retail parking would be provided in the parking garage which would be an
enclosed five story structure with rooftop parking as well. There would be excess parking to
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PLANNING AND DEVELOPMENT BOARD
OYNTON BEACH, FL. MAY 27, 2014
accommodate the retail, office and residents. In addition, there would be street parking on
Federal Highway and Ocean Avenue. The remainder of the block where the residential units
are located would have enclosed porches. Units at the street level would have direct access to
the sidewalk through private porches. People would be able to come out of their unit, step out
onto their porch and down to the sidewalk. This brings an urban feel to this type of project.
Mr. Brake inquired if any of the current parking spaces on Ocean Avenue would be lost to the
new frontage. Ms. Hernandez responded one of the parallel spaces was converted into a fire
lane as requested by the Fire Department. Parking spaces would actually be added to Ocean
Avenue and there is preliminary approval from the Department of Traffic.
In summary, Ms. Hernandez stated the entire four sides of the block would be activated. There
would be wide sidewalks, landscaping, canopy trees, services such as loading areas and trash
would be hidden. The ground floor of the garage would be enclosed with signage capabilities
for retail so people can see the names of the shops. There would be canvas awnings to provide
shading and protection from the elements. The architecture is an elegant Spanish style with
clean lines and a simple color palette, barrel tile on the roof and decorative brackets.
Mr. Brake inquired about a pedestrian bridge connecting the Ocean Avenue side to the other
buildings. Ms. Hernandez explained the units on Floors 3 to 5 would have a bridge over the top.
It would be open on the first two floors to provide clearance for Fire to access under the
building.
Mr. Miller questioned if there would be one main entrance. Ms. Hernandez responded the main
entrance for residents would actually be in the parking garage. The main entry would be off of
Federal Highway where the drop -off and pick -up area would be located. There are no plans at
this time for a full -time concierge, but the leasing center would be open seven days a week from
9:00 a.m. until 5:00 or 6:00 p.m. In addition, one or more staff members would reside onsite.
Tom Hayden, 810 East Central Blvd., Orlando, stated there would always be staff onsite to
handle any situation that might arise.
Mr. Miller inquired about pedestrian accessibility to the retail space from the parking garage.
Ms. Hernandez stated there would be a door on the ground floor that would connect to the retail
space as well as crosswalks that lead to the sidewalk and a crossover either on the west side or
down through the middle where there is a breezeway that connects to the retail space. A
sidewalk along the back side of the retail space would also be created where pedestrians could
walk through as well.
Mr. Palermo inquired if there were any elevators. Ms. Hernandez confirmed there are multiple
elevators noted on the site plan on the southwest, southeast, northwest and inside the parking
garage. Code requires the building have elevators.
Mr. Palermo questioned if the square footage of the one and two - bedroom apartments reflected
the 2.0 F.A.R. or the 2.5 F.A.R. Ms. Hernandez explained the square footage described
corresponds to the actual net leasable square footage for each of the unit types and was
represented in the F.A.R. depicted. In addition, F.A.R. also takes into consideration the
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PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FL. MAY 27, 2014
corridors, elevators, stairs, amenity space, retail space and the office space. It is in addition to
the net leasable area.
Mr. Palermo inquired about Condition #59 of the Conditions of Approval which stated there was
a Recreation and Parks fee of $220,150 which is based on the following calculation - 370 multi-
family dwelling units multiplied by $595 per unit. This fee shall be paid at time of permit
application and he questioned who would pay that fee. Ms. Miskel explained the Recreation
Impact Fee is paid at the time of permitting by the developer. However, the number should be
based on 341 units.
Mr. Wheeler inquired if the applicant reviewed the Conditions of Approval. Ms. Hernandez
stated they reviewed all of the items in the Conditions of Approval and were in agreement with
all except #59. Item #59 needed to be revised to reflect 341 multi - family units instead of 370.
Mr. Wheeler inquired about Palm Tran and if the intent was to have the architecture match the
building. He also asked about the location of the stop. Ms. Hernandez stated it has been
difficult to communicate with Palm Tran. Ms. Hernandez commented they received Palm Tran's
standards and would work with staff to provide what the City needs in terms of a transit stop at
the location. Palm Tran has its own design standards as to size and look. If a bus stop is
required along the property, it would be provided.
Mr. Brake commented he appreciated the care that had gone into the project and inquired who
would be responsible for maintaining the medians on Federal Highway. Ms. Hernandez said
Federal Highway is under the Florida Department of Traffic and maintenance would be the
responsibility of the City.
Mr. Katz inquired why the developer decided not to go to the allowable height limit. Ms.
Hernandez responded part of it had to do with development needs and construction costs.
Anything over six stories or 75 feet would have put the project into a high -rise category which
would have increased the cost of construction. Mr. Hayden commented another consideration
was the number of units. The developer felt 341 units was an optimal size to better service the
residents.
Mr. Katz asked for clarification of the discrepancy between the square footage of 11,300 in Item
6A and 13,330 square feet in Item 6B. Ms. Hernandez was not sure if this was an oversight, but
indicated the total square footage for both retail and office space is 19,943. There is 6,613
square feet of office space and the balance would be in retail.
Mr. Katz indicated the original project had 40,596 square feet of retail, office and restaurant
space and inquired why the current project was half of that amount. Ms. Miskel stated market
conditions are dramatically different 10 years later. The 40,596 number was not one that could
be satisfied as the two original projects went under. There was a concern the non - residential
market was still extremely soft. The number incorporated into the report as requested by the
CRA and staff is a number that may not be the correct number either.
Mr. Katz commented about the Art in Public Places fee of $416,000 and suggested making
donations to certain schools for their students to create pieces of art. Ms. Hernandez thought
this was a good suggestion.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FL. MAY 27, 2014
Mr. Katz inquired of CRA Director, Vivian Brooks if the developer of the project supplied her with
a pro forma.
Vivian Brooks, CRA Director, responded she was given one which had been requested. She
also added the developers have done a great job. Mr. Breese also commented the applicant
was very good to work with. There was a lot of give and take to get the plans to this point.
Mr. Brake questioned if it could be a condition of approval to request the maintenance of the
median in front of their building. Mr. Breese responded the FDOT would not enter into an
agreement with a third party. Even if the City entered into an agreement with the developer the
City would still be responsible should they not maintain the medians to the FDOT's standards.
Coordinated efforts would be made to maintain the landscaping so that it is uniform throughout.
Chair Saberson reiterated Condition #59 of the Conditions of Approval had to be revised to
indicate 341 multi - family units instead of 370. Mr. Breese confirmed staff would make this
correction before it moved forward to the City Commission.
Chair Saberson requested Ms. Miskel verify her acceptance of the revisions to Items 16 and 23
of the Conditions of Approval. Ms. Miskel responded they were in agreement with the revisions.
Chair Saberson asked for clarification that all Conditions of Approval with the revision of
Condition #59 based on 341 units and the revisions of Conditions #16 and #23 handed out by
staff were acceptable. Ms. Miskel responded affirmatively.
Chair Saberson opened the floor for public comments.
Dr. Piotr Blass, 113 W. Tara Lake Drive, stated he welcomes the project and it would make
the area beautiful. Dr. Blass mentioned the possibility of a University opening in the Boynton
Beach area and this would be a good place for students to live. He also mentioned there is
hope of getting energy from the Gulf Stream that could help with lighting. Dr. Blass commented
he mentioned to the developers to make the buildings hurricane and flood proof. Dr. Blass
inquired about the approximate cost to rent an apartment would be and was advised by Mr.
Hayden the rental range would be from $1,200 to $2,000 per month depending on the size of
the apartment.
Motion
Mr. Katz moved to approve the new site plan for multi - family residential (rental apartments)
consisting of 341 dwelling units within five and six story buildings, retail space, associated
recreational amenities and parking on 4.69 acres subject to all staff comments. Mr. Miller
seconded the motion that passed unanimously.
Chair Saberson referred back to Items 6 B.1 and B.2 and announced the public hearing. There
was no one present who wished to speak on these items.
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MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FL. MAY 27, 2014
7. Other
A. Major Site Plan Modifications versus Minor Site Plan Modifications
Mr. Breese explained how site plans are modified and how it is determined whether they are
major or minor site plan modifications.
Major site plan modifications are those that would go through the full development review
process of staff, Board and City Commission. Minor modifications are those that are
administrative type of reviews. For over a year reports indicating the projects staff has reviewed
administratively along with their address and a brief description of the modification being made
have been distributed monthly.
Mr. Breese read and explained the different criteria staff uses to determine whether the
proposed site plan modification is major and should go before the Board and City Commission
or whether it is minor and remains at the administrative level.
A major site plan process can take four months before it goes before the Board and on to the
City Commission for approval. The minor site plan modifications can be one week or less. It
can take longer if there are issues that go back and forth for resolution.
8. Comments by Members
There were no comments by the members.
9. Adjournment
Motion
There being no further business to discuss, Mr. Katz moved to adjourn. Mr. Brake seconded
the motion and the meeting adjourned at 7:34 p.m.
Grace Morales
Records Coordinator
070214
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