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Minutes 07-12-16 MINUTES OF THE COMMUNTY REDEVELOPMENT AGENCY BOARD MEETING HELD IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 12, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Chair Vivian Brooks, Executive Director Mack McCray, Vice Chair Tara Duhy, Board Counsel Justin Katz Christina Romelus Joe Casello I. Call to Order Chair Grant called the meeting to order at 6:33 p.m. Ill. Invocation Chair Grant gave the invocation. III. Roll Call Roll call revealed a quorum was present. IV. Legal None. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Mr. Casello moved to approve. Ms. Romelus seconded the motion that unanimously passed. VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Mr. Katz disclosed he had met with Harry Woodworth about the CRA District and would be meeting with representatives from Isram Realty regarding the Riverwalk project. Vice Chair McCray met with Bradley Miller and would meet with Isram Realty the next day. He also attended the Police Department Awards at Intracoastal Park. He mentioned the Dallas shooting and the Dallas Police Chief this morning wished he had continued the Community Policing program. Vice Chair McCray was glad it was instituted in Boynton Beach. Ms. Romelus had met with Isram Realty. Mr. Casello met with Arthur and Francis D'Almeida and Miller Land Planning about the Villages of E. Ocean. He noted the D'Almeida's own the Andrews home on 306 SE 1St Avenue, built in 1901. He thought it was like a time capsule and it will be a centerpiece of the development. He reviewed the budget with City staff, attended the Strategic Plan Workshop and attended the State Attorney Sober Home /Recovery Residence Task Force. It was an informative meeting with experts. By January, they will send recommendations to Tallahassee. . Chair Grant had a phone conversation with Isram Realty and their attorney and phone conversations with Preston Guliano Capital Partners, Epoch Properties and Edens Properties. He met with Harry Woodworth and Tom McClure and on Thursday attended a judicial forum in Sterling Village. Ms. Brooks announced Community Police Officers Henry Diehl and Terrence Paramore were present. Officer Diehl explained, January to the end of March was an abridged quarter as they just started the program. He was typing the second quarter report and working with Vivian Brooks, Executive Director, CRA, and Mike Simon, Assistant Director CRA, to have a report ready for the next meeting. He advised the program has had a lot of success over the last three months. They held a Diversity Academy and kicked off the Next Door phone app for Heart of Boynton (HOB) residents. They were working with the Boy Scouts, training with them for the mentoring program next week and on a job fair with the Boynton Beach Coalition of Clergy to take place in August. Mr. Casello asked if they had a lot of interaction with the community and learned they do and they have lots of meetings with Habitat for Humanity as Habitat for Humanity is also trying to build communities. A meeting to be held earlier in the day was postponed to July 19 but he has received positive feedback from both the youth and adults who attended prior meetings. Mr. Casello noted computers were approved to be installed in the sub - station and learned they were not yet installed. Vice Chair McCray asked how often the Officers ride the Segway's and Officer Diehl responded not as much during the summer as it is hot and raining. They had travelled about six miles a day up until the last two or three weeks. Vice Chair McCray noted the 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 loitering by the Bells store and asked how receptive the owners are of the Officers and learned they were not receptive of their presence at all. The owner feels the program is over policing. A youth from a day care program was present with Officers Diehl and Paramore. Officer Paramore was mentoring him and he has been coming into the office for the last two months. He is 11 years old and attends Odyssey Middle School. Ms. Brooks announced new employee Mercedes Copan was hired after July 4 th replacing Renee Roberts. She handles marketing and events, and the website and social media, working with Christopher Burdick and Tracey Smith - Coffey.. B. Informational Announcements VII. Announcements & Awards: None VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting June 8, 2016 B. Approval of Period Ended June 30, 2016 Financial Report C. Monthly Purchase Orders D. Approval of Commercial Facade Grant to Jamerican Cuisine, LLC in the Amount of $2,725 E. Approval of Commercial Rent Reimbursement Grant to Jamerican Cuisine, LLC in the Amount of $9,972 F. Approval of Commercial Interior Build -Out Grant to Jamerican Cuisine, LLC in the Amount of $6,875 G. Approval of Commercial Facade Grant to 508 E BBB, LLC in the Amount of $5,000 H. Approval of Commercial Rent Reimbursement Grant to Service First Processing, Inc. in the Amount of $10,800 I. Approval of Commercial Interior Build -Out Grant to Service First Processing, Inc. in the Amount of $25,000 J. Approval of Commercial Interior Build -Out Grant to Del Sol Bakery, LLC in an amount not to exceed $1,100 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 IX. Pulled Consent Agenda Items: Motion Ms. Romelus commented she wanted to pull Item C and so moved. Mr. Casello seconded the motion that unanimously passed. Ms. Romelus noted on page 2 of the June Minutes, she met with Mike Deboos. Motion Vice Chair McCray moved to approve as amended. Mr. Casello seconded the motion that unanimously passed. X. Information Only: A. Public Comment Log - None B. Marketing and Business Development Campaign C. CRA Advisory Board Agenda XI. Public Comments: (Note: comments are limited to three minutes in duration) Chair Grant opened Public Comment. No one came forward. XII. Public Hearing: None XIII. Old Business: A. Selection of Contractor for Marina Open Space Project Mr. Simon explained this item was the final phase of the Marina Master Plan. An aerial of the Marina and completed entry tower, slip renovation, and Harbor Master Building was viewed. Staff issued a Request for Proposal (RFP) with a submission deadline of June 23 There was a mandatory pre - submission meeting at the project site and three responses were received. The full responses in the meeting backup were from West Construction, Collage Construction, and Lunacon Construction. The responses were reviewed by an evaluation team comprised of CRA and City staff, Marina management and VHB Engineering and Design firm. The ranking sheet was included along with a legal analysis. The RFP has categories for points scored in addition to the price such as the qualifications and related experience of the firm and staff, and a professional approach to construction for the project. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Collage was ranked first, followed by West Construction and Lunacon Construction. Chair Grant learned VHB Engineering and Design handled the architectural work for the entire project Master Plan which cost about $638,000 for all three phases. They handle the construction services administration and they helped with the bid document and with the review of the responses. The next phase will be a review of product submittals for approval, responding to issues from the contractor, and providing construction management services. Mr. Simon explained the CRA already paid 30% of the permit fees associated with the project and there will be more fees based on the total price. Mr. Casello asked how much was paid to demolish the old dive shop and learned it was about $24,000. Mr. Katz asked about the handout and what the preference was. Ms. Brooks explained the CRA has property they own at the Marina except where the fuel pumps were located. All the slips and open space have a deed restriction under the Waterfront Bond program the County had years ago. The CRA approached the County three times for the project, which was finally approved in 2015. Staff made many attempts to change the use to be more publically accessible. Mr. Katz thought the restrictive covenants specified nothing could replace the torn down building. Mr. Simon explained the covenant pertained to an easement protecting marina - related uses and there is a County approved Master Plan. The covenant does not restrict it to being a structure or a non - structure. Whatever use the Board wants in that location must be marina related and approved by the County. Mr. Simon explained marinas were being sold to condominium developers and the County issued a bond to protect marinas. Vice Chair McCray received confirmation County Commissioner Priscilla Taylor worked with the City on the project. Chair Grant learned any sort of structure that would change the Master Plan would need County approval. Ms. Romelus asked what the time frame would be and learned it would depend on what was wanted. Mr. Katz commented the CRA invested a great deal of money at the Marina, but it has not fulfilled its potential. There are vacant storefronts and land that should be used as an attraction. People he spoke with did not feel open space was a draw and the building that had been demolished had economic value. He expressed the CRA should take a more proactive approach to make it a destination and the open space was on the wrong side of the dock. He thought it would be an attraction if it were on the Intracoastal, but the current location was near the fish cleaning station and where debris collects in the water. Mathew West, Vice President for West Construction, advised the company has been operating in Palm Beach County for 47 years and they did half a billion dollars in business in the last 10 years in South Florida. They have about a $100 million backlog and have a bonding capacity of $50 million for individual projects and $150 million in the aggregate. Mr. West noted West Construction was $135,000 below the number one ranked firm, and they did not know why West Construction or Lunacon Construction 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 were not selected. A few years back, West was the low bidder and was not selected for the Harbor Master's Building and the same firm that was ranked number one was also ranked as number one then. Mr. West advised he does not feel comfortable about the process and encouraged the Board to research the matter before voting. He thought there appeared to be something going on and they will no longer participate in procurement opportunities for the CRA if the Board moves forward with the bid given the history that occurred with procurement with CRA projects. Mr. Katz requested Mr. West elaborate on the concern. Mr. West thought if looking at the disparity in cost and the qualifications of the firm, West Construction had a 20% price benefit to Collage, and Lunacon, a Miami based firm, was 42% cheaper than the first ranked firm. It did not make sense to Mr. West a few years ago when they were $80,000 cheaper and the same thing happened. He feels, as a Board, they have an obligation to ensure that what is being done and recommended by staff is in the best interest of their constituents. Chair Grant noted the meeting backup contained the rankings. Mr. Simon explained the evaluation was done in four categories. On the price proposal, Collage was not ranked first as Lunacon was ranked first. All of the firms ranked closely. It is a close evaluation. The Evaluation Team consisted of Ms. Brooks, Chris Brown, Kenneth Ray, Andrew Mack and Brian Smith. Licensed engineers and landscaped architects reviewed the plans and the responses. The CRA Legal Department reviewed the plans as did Brian Smith, having 25 years in the Marine industry, Andrew Mack, City Engineer and former Building Official. Mr. Simon explained the rankings are based on the criteria and it is not a low bid release as it allows for other aspects to be analyzed. Tara Duhy, CRA Counsel explained they conduct a review for compliance based on the criteria in the proposal. A memo was included that analyzed each firm as a responsible or responsive bidder. She pointed out legal staff does not make recommendations, only conducts an analysis which is provided to staff to be used in their selection. Vice Chair McCray asked if there was anything going on. Mr. Simon responded nothing was going on. Chair Grant opened the public comment. Linda Cross, 625 Casa Loma Boulevard, Unit 601, explained she was involved with the Marina for eight years and had spoken to the County Commission. She respectfully disagreed with Mr. Katz's thoughts about open space. The problem is there was nothing that flowed all the way around to get to the Marina. There is a connector that goes from the entrance to the Harbor Master's building. It opens up and attracts jet skiers, boaters and fishing rentals to the Marina. It finishes off the area and brings in the public. The area has a very small concrete pad and the effort was ongoing for at least eight years. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 She commented the CRA needs to finish the Marina. She is Chair of CRA Advisory Board and they reviewed the contracts and recommended the CRA Board accept the recommendations of staff. The CRA Advisory Board challenged the price and learned the technical aspects of how the area and the open space, would be developed. She thought it would be a waste of time and money to go back and change the plan. Vice Chair McCray asked Ms. Cross if the CRA Advisory Board recommended approval of the item as presented and learned they did. Mark Karageorge, 240 A Main Boulevard, explained when the County approved the bond for marinas the emphasis was on public access because at the time, many marinas in the County were being redeveloped into condominiums. The Boynton Harbor Marina received the lowest amount of county funds given to any marina and the CRA leveraged the funds better than any other municipality. He commented Chapter 163 notes if an activity is not in the Plan, it could not be implemented. The Master Plan has been in place for more than nine years, and was voted on six times. The majority always called for green space and this was the final phase of the Marina project. He requested the Board stick to the Plan. Mr. Karageorge served on the CRA Board when the Board decided to address the Harbor Master building, landscaping, and the fuel pump and Collage did an excellent job. West Construction was not selected because at the time, they had litigation with a municipality that scored them a little lower. He explained West Construction is a great company and does a great job, as does Collage. He was unfamiliar with Lunacon, but noted Collage used local subcontractors. The landscape company they use is from Loxahatchee and the contractor is on site. When the Harbor Master building was under construction, there were no complaints. If there was an issue, it was resolved that day and they finished the project on time and under budget. He thought the Board should follow the advice of the advisory board, staff and legal He noted when West was not selected, West filed suit against the CRA and Collage, which was dismissed Buck Buchanan, 807 Ocean Inlet Drive, commented he was also on the CRA Board at the time West Construction protested the bid. He explained the dive shop building that was torn down was way out of Code and there was no functional way to put something there. Open space enhanced the potential for retail and other activities on the ground floor of Marina Village. There are places for people to sit. He noted people in Florida like to sit outside noting there are restaurants with outside seating on Federal Highway. He thought it would be an enhancement and agreed with Ms. Cross' comments. It was in the Master Plan and he could not come up with a single use that would be more of an attraction and not a detriment to the Marina. He hoped all would follow the Master Plan and complete the project. Mr. Casello commented he was the only one who wanted to save the building that was demolished. He agreed the building had Code violations, but thought the Board did not do enough or explore enough what they could have made of the building. He thought 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 the Plan was expensive and vanilla and he agreed with Mr. Katz. The CRA will install sod, benches and Palm trees. He noted the fish cleaning tables are on that end and he was not in favor of the green space. He thought the Plan had no imagination. Vice Chair McCray explained when the Board wanted to give the CRA Advisory Board something to do, they assigned them the review, and they brought back a recommendation. Motion Vice Chair McCray moved to award the bid to Collage Company. Chair Grant inquired if Mr. West could bond his company, if the CRA could renegotiate the contract. Attorney Duhy explained a contract could only be negotiated after the bid award. Chair Grant noted the two issues are lawsuits and cost overruns. He asked if West Construction sued the CRA. Mr. West explained they had a bid protest on the prior award, which was worked out with the CRA. The issue was the language in the bid document. The language did not give the contractor the opportunity to explain the litigation history. It indicates the bidder would be considered non - responsive if the firm had any legal matters with public entities. The language was restrictive and penalized the firm as it pertained to their judicial rights in a process. The firm and CRA legal staff agreed to change the language and West Construction agreed to withdraw. Mr. West explained any cost overruns the company had were owner - initiated changes. With the City of Parkland, West Construction finished a large multi - million dollar park. The City was happy with their performance and gave a change order for the next phase. The owner - initiated change was $1.4 million. It looked like there was a large cost overrun when there was not. Ms. Romelus explained Collage indicated the same thing but West Construction did not respond to it when Collage did. She asked why they did not respond then. Mr. West was unsure as he did not prepare the bid response. Chair Grant passed the gavel and seconded the motion to award to Collage. Chair Grant likened the Marina to the Boardwalk on Federal Highway. He commented if the fish cleaning station was being used, it meant fish were caught. He thought the only thing to do was to continue the Boardwalk at the Marina and it could be a showpiece. He was aware Freedom Boat Club would become a new tenant and CRA staff was proposing increasing the dock fees during the budget. He thought it would make it a tourist destination. The footprint of the dive shop was about 1,200 square feet. Chair Grant thought not much could be developed due to setbacks and Codes. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Attorney Duhy asked if the motion should include direction to staff to enter into contract negotiations and approve an executed contract and learned it did. Vote Vice Chair McCray announced the motion passed 3 -2 (Messrs. Katz and Case /lo dissenting.) Ms. Romelus advised she did not vote and asked about the timeframe if they redid the plans and how long the land would be vacant. Mr. Simon explained the current project is a four -month project. If she wanted to do something else compared to what already exists, it would be about 18 months. Mr. Brooks explained the CRA approached the County in 2012 for this piece. The tower was completed 2011 and was ready to go on the current project in January 2011, but had to delay it due to the easement and getting an outside entity's approval over the CRA Board. Ms. Romelus recorded her vote affirmatively. The motion passed 3 -2. XIV.. New Business: A. PowerPoint Presentation and Discussion of Proposed CRA Consolidated Plan Ms. Brooks explained the purpose of the Plan is to merge and consolidate the various CRA plans into one document. The CRA would not be approving the Consolidated Plan at the meeting, rather, staff needed the Board's feedback if the changes they are proposing from the adopted plans were wanted. The City and CRA got together and based on population growth projections, determined where growth should occur. The presentation was to obtain further direction. Mr. Katz had heard there was a request from the CRA Advisory Board for additional time to review. Ms. Brooks explained staff was presenting Cliff Notes and they will do another Cliff Notes for the Advisory Board. Staff was trying to obtain a quorum for a July 21 special meeting and Ms. Brooks noted the Advisory Board is not familiar with land use and planning and zoning. At the last meeting, the Advisory Board had stayed until 11:30 p.m. Mr. Katz thought if they wanted additional time, it should be granted since the Board would not vote on it. Ms. Brooks pointed out staff has timelines to meet such as writing a draft plan that will come before the Commission. There will be public hearings and the goal is to have a plan for the CRA Board to review on August 9 , and for the City Commission to review on August 16 and September 6 th Mr. Casello explained he sat in on the meeting at the Library which was well attended, but there was not much public input as questions had to wait until the end of the presentation. He thought it was too long and too in -depth and suggested breaking it 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 down into sections. Ms. Brooks explained they included comments and questions taken from the minutes and the audio. Staff did not just include the clicker information. Ms. Brooks reviewed staff had organized the CRA plans based on transit; how people get around; how they go in and out of the CRA, and they looked at arterial roads. Organized growth would occur around those nodes and she advised it was a time proven methodology. Boynton Beach Boulevard and Woolbright Road connect to 1 -95 and offer easy access. She noted there is a bigger picture to consider because the CRA is part of the City and the City's Economic Development Plan will look to redevelop outside the CRA where they connect at the major nodes because the City has nowhere else to grow. Ms. Brooks outlined the districts were the Industrial /Craft, Boynton Beach Boulevard, Downtown, Cultural, Federal Highway north and south, and the Heart of Boynton. Connectivity and complete streets are important to attract people to live in the downtown. Streets should be walkable with wide sidewalks and shade trees for pedestrians and cyclists, and transit opportunities would be available at some point. She pointed out complete streets were planned for Federal Highway, Boynton Beach Boulevard, Ocean Avenue, Seacrest Boulevard, Woolbright Road, and Gateway Boulevard. Greenways, eco- trails and bikeways were also planned. The existing and proposed Future Land Use map was viewed. Ms. Brooks noted residential land uses there were low and moderate with 2.5 units between the two classifications, and a medium and high density with one unit between them. A special high density land use classification permitted 20 dwelling units to the acre. Ms. Brooks proposed to change low and moderate to 7.5 units per acre and medium and high density to 11 units per acre. High density would be a new land use category at 15 units per acre and Special High Density would remain at 20 units per acre. The 2006 Federal Highway Corridor Plan only had mixed -use at 40 and 80. Staff sought to create a new land use category that had a lower density. Currently, North and South Federal Highway has special high density residential which precludes commercial. Someone could have a mixed -use project limited by 45 feet in height. Staff proposed the new category, which was supported by the public on North and South Federal. There are not many parcels of land so they will be infill projects. Ms. Brooks explained how land use related to zoning and a chart was viewed. The residential zoning had no change in height and density for mixed uses one through four and core. Zoning pertains to height, form, and setbacks. Land use is what the land could be used for. It was possible mixed -use could only be commercial. The current Code allows for a height exception for appurtenances such as elevator shafts, HVAC systems or cooking hoods. Chair Grant asked if the Code had to allow height exceptions and learned they could. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 The only proposed change regarding Future Land Use relationship to zoning was mixed -use medium was split into MU -2 and MU -3. Staff sought to stagger the density as it ranged from 40 to 80 dwelling units and the height ranged from 60 to 150 feet by creating MU -3 at 50 density and 75 feet in height and MU -4, which would allow density at 60 units per acre and 100 -foot height. The purpose was to have a graduated development scale. Mr. Katz inquired about the benefit to having MU -2 and MU -3 as opposed to having MU -3 as a maximum and learned it was for flexibility. Ms. Brooks explained the Board could set a cap without the height exception. Ms. Brooks explained the Boynton Beach Boulevard Corridor did not thrive because of its zoning. A land use workshop was held and the public favored going two blocks deep on the south side for mixed use to make it viable, but it was never incorporated into the plan as staff was working on the Boynton Beach Beautification. The reason Boynton Beach Boulevard looks the way it does is there is only a half block of commercial. The existing land use is Local Retail Commercial (LRC) and is only located in two small areas. There are 1930's to 1970 homes that were converted into commercial which is not a sustainable economic model. To have sustainable commercial or mixed -use, one block of depth is needed. There are homes that back up to gas stations; many do not have buffers and their property values are suffering. Staff proposed to use the depth that makes the most sense to have a viable and sustainable project that will bring financial success to a developer and the City. Coming from 1 -95, there would be MU- Low, MU- Medium at the Seacrest Boulevard intersection and MU -High near the FEC Rail Station. Vice Chair McCray left the dais at 7:45 p.m. Ms. Brooks explained the CRA proposed a buffer on Boynton Beach Boulevard. Chair Grant asked if anyone spoke to the two churches on the west side of Seacrest. Ms. Brooks explained the churches are not being asked to leave. Vice Chair McCray returned 7:48 p.m. Mr. Casello left the dais at 7.49 p.m. Mr. Katz commented an unattractive area will not lure potential businesses. He thought the proposed plan was a precursor and they had to fix the roadway. Ms. Brooks agreed. Mr. Case /lo returned at 7:50 p.m. Ms. Brooks explained the Cultural District is very small at only 28 acres. The District extended from SE 2" Avenue to NE 1 St Avenue and Seacrest Boulevard to Ocean Avenue. This would be the center for events and public gatherings. Ms. Brooks thought 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 it should be planned for appropriately with gateways and entry features. The height along Ocean Avenue would be lower and then increase. She explained they want to hold a festival on a curbless street. Vendors could be located anywhere and they would mark the entryway. Staff sought to improve the area by the Library and create a roundabout or paver design so people are aware they are in a different area. The existing and proposed land uses for the Cultural District were reviewed. There are seven condominium buildings in the 28 -acre district which was a challenge. Staff proposed to incorporate MU- Medium because of them. She reminded all a plan is for 20 years and they must look into the future. Staff proposed the Ocean Avenue Overlay to control design. Ms. Brooks clarified developers still have to build to urban guidelines up to the street and the design rules would be part of it. A guide how to implement what was approved was included in the back of the plan. The CRA Advisory Board could review the Plan, but it is geared to developers. Chair Grant was concerned if the CRA geared everything to developers, they would forget about residents and he thought they should meet in the middle. A visual of the proposed Cultural District included shade trees. Mr. Casello asked what architectural design was wanted on Ocean Avenue, and it was more of a contemporary modern design. Ms. Brooks explained the CRA has design guidelines that determine setbacks and items such as the glazing area of the windows by floor. Some cities require a certain style or color of buildings, but staff has not had any direction indicating what style was wanted. Mr. Casello advised City staff informed him they wanted something more contemporary and he thought there should be some type of standards, rather than a piece -meal approach. Ms. Brooks understood, but she commented some may not want all the buildings to look the same. Different cities are liked for different architecture. Staff will review if the style works for the pedestrian or if it is too much massing for the width of the road, roof style, and others. The Downtown area was reviewed. Staff was connecting Woolbright Road to Boynton Beach Boulevard. Ms. Brooks noted not every piece of the Downtown has the same land use and zoning, and it would not. She explained the existing future land use in the Federal Highway Corridor Plan had mixed -use. Chair Grant noted the CRA was changing the MU- Medium to MU -High on the southeast corner of Ocean Avenue. He asked if a developer could build to 150 feet next to a two story building, and learned they could build to 100 feet and the building next to it could build to 150 feet. Chair Grant asked if he could make a recommendation regarding zoning. Attorney Duhy recommended giving staff direction. Mr. Casello thought recommendations should be made as they review the plan. Chair Grant wanted the southeast corner to stay at MU- Medium with a maximum height of 75 feet, not 100 feet, because there are two stories next to it. The height of 500 Ocean was 100 feet and Chair Grant wanted the buildings to be even. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 The Federal Highway Corridor Plan is MU -High because it is in the core. The parcel is already proposed for MU -High and it is not changing in the existing land use map. Amanda Bassiely, Planner II, explained when a developer comes in with a proposal; they look at the existing ground map. The existing plan was from the 1950s to the 1980s. What staff uses to determine what would be approved was the redevelopment plan they want to consolidate. When a project is reviewed and there are inconsistencies, they look at what they want in the future and use the most recent Future Land Use plan. This item was consolidating the plan now and staff was showing the Board the recommendations that were approved and the differences, if they vary, in the new consolidated plan. Chair Grant wanted MU- Medium for a maximum height of 75. The southeast corner of Ocean and Federal was discussed and she commented one of the corners may or may not be consistent with the other corners. Chair Grant noted one corner will be 75 feet high and he asked if he could change it. Ms. Bassiely explained this was contingent on when development occurs as there are regulations in place for protecting lower density development in the Code. Mr. Katz inquired what the public input was regarding height on Federal Highway. Ms. Bassiely explained it varied because the Federal and Downtown Plans needed the most height. Mr. Casello asked about the Federal and Woolbright nodes. Ms. Bassiely explained half thought the proposed height was appropriate and half did not. It was noted Marina Village and Casa Costa was on the corner of Boynton Beach and Federal Highway. A before and after image was viewed, showing a project on the Boardwalk. Mr. Casello commented a property owner submitted a plan for across the street and learned the project was eight stories. It was 107 feet high. Mr. Katz noted the second phase would include a hotel. The owner submitted a Master Site Plan with a 15 -story condo and hotel. Chair Grant indicated he wanted the southeast corner of Ocean Avenue to remain MU- Medium for the surrounding parcels. He wanted 500 Ocean to be MU- Medium so the north side will be congruent with the downtown south. Ms. Brooks explained 500 Ocean could not be changed under the Bert J. Harris Law. Chair Grant commented this was a future land use. If they increased height they could not reduce the height again. Ms. Bassiely explained MU -High was on the ground with 500 Ocean. Chair Grant asked if they would suffer any consequences if they instituted MU- High and in the future, changed it to MU- Medium. Attorney Duhy clarified there could be an issue if there is an existing building constructed under the existing Future Land Use, zoning and CRA Plan, that is turned into a non - conforming use. Changing a future land use that is higher than what is currently constructed on the ground does not always create a problem. It could, but they are not changing something constructed under the limits of the law and they would not want to downzone an existing building. If they permit higher than what is on the ground and then later reduce it, and are not creating any non - conforming uses, the 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Board could do so, but they could still be sued, just it is not as bad. Attorney Duhy agreed there could be legal consequences. Chair Grant asked, if they could not permit an owner to develop to the fullest height under the Code and not suffer legal consequences. Attorney Duhy explained in addition to having to meet density, Future Land Use and CRA plan criteria, there are other provisions in the Code that deal with compatibility that are valid reasons to say approve or deny a project. Development has to comply with all of the regulations including compatibility. Ms. Bassiely emphasized the Board is considering land use. Height is included under zoning. Chair Grant asked if they changed the land use. It changed the zoning and did not want anything over 100 or 150 feet in the zoning node. Ms. Bassiely explained it is location specific and Chair Grant was talking about land development. She commented land development and land use is disjointed. Chair Grant thought if they did not approve the land use; they would not have to approve it in the future. Ms. Bassiely explained residential compatibility is always there when there is residential or lower density. No matter what it is, there are standards to protect residential development. Chair Grant asked if the CRA was confusing developers thinking they could build to a certain height under the land use, but not under development regulations. Ms. Bassiely explained residential compatibility provisions are fairly standard and the implementation guide breaks it down. One of the first recommendations would be to conduct an LDR audit to ensure the Land Development Regulations are consistent with the Plan. If there are changes needed in the LDRs, they will be driven by the Plan they are adopting. He asked if Sterling Village was to the south of the property and if they could build 100 feet next to a two -story development and learned there are protections in place. Ms. Brooks reviewed Local Retail Commercial on Federal Highway. Staff recommended MU- Medium and could see garden -style assemblage. Staff sought to connect people walking and have a nice streetscape from Boynton Beach Boulevard down. Mr. Casello asked about the Woo l brig ht /Federal Highway Corridor where Las Ventanas is located and all four corners were proposed as an activity /development node. Staff proposed to institute MU -Low to be consistent with density and in one area change from MU- Medium to MU -High. Chair Grant asked if there was any MU -Low along the corridor and learned there was none. Ms. Bassiely explained the existing Federal Corridor Highway Plan proposed zoning and not land use and staff transitioned zoning to land use. She commented at the beginning of the Plan, it was indicated they wanted to add MU -Low as a land use. If only discussing land use in the existing corridor plan, it would propose the equivalent to MU -Med. The proposal in the plan would change to MU -High. Chair Grant commented the Board did not know what they were changing in the zoning, they were only proposing changes in the land use. The land use determines what can be. Chair Grant noted zoning could as well. Ms. Bassiely explained staff indicates where they would want the MU -High districts. The four corners at Woolbright and Federal was proposed for MU -High at 60 du per acre in MH -4. They were not proposing 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 a zoning map only when discussing MU -High. The idea is the Downtown is the primary node and this becomes a secondary node, which translated into zoning districts. There are two areas under MU -High which would be Downtown and the second is at Woolbright. Ms. Brooks explained they wanted people to walk in between, and the residents of Las Ventanas to be able to walk and not leave them hanging there. Mr. Casello commented every meeting he attended speaks about the height. He commented if Riverwalk comes to him tomorrow and they adopt a plan, what is the maximum height and learned he could build to 100 feet. He asked if they did not adopt the plan, what the maximum height would be and learned it would be 40 du /acre and 75 -feet high. Ms. Bassiely explained height review and compatibility fall under the land use regulations which is a separate process called a Site Plan and Master Plan. Although it affects their development rights, it does not say the parcel can build to 150 feet because of the other levels of regulations. It is not a guarantee. Chair Grant commented developers want guarantees. Ms. Brooks explained planners and architects know how to read the Code. Chair Grant pointed out the residents do not understand it. He thought the plans would change the land development regulations. Ms. Brooks explained it would implement the Plan. Chair Grant asked if zoning was changed, if land development regulations would change. Ms. Brooks explained they are not creating a whole new set of plans. They make recommendations to change the Land Development Regulations. Chair Grant asked if the Board approves the CRA plan and the City Commission does not approve it, what would happen to the CRA plan and learned it would send a message of unpredictability to developers. The Board needs to set the general guidelines; it does not specify landscaping or irrigation issues. Chair Grant explained the main land development regulation was height and Ms. Brooks explained it is contained under zoning. Attorney Duhy clarified the State requires local governments to have a Comprehensive Plan which establishes land uses. The Comprehensive Plan is a broad conceptual document that usually allows flexibility in terms of the type of development. With a CRA in a jurisdiction, there is a CRA Plan that is part of the Comprehensive Plan. It establishes maximum densities and intensities. It is not usually concerned with height or setbacks. It can address height and she noted the CRA plan does address density and height. That is what was discussed. Staff is advising and what is legally required is when the Comprehensive Plan and CRA Plan are in effect, the Land Development Code and the Zoning Code can be more restrictive and specific than what is in the general plan, but they must be consistent because the CRA is required to follow the Comprehensive Plan. Being consistent does not mean, if there is a high density land use that all of the zoning within has to permit the highest density. The Zoning Code and Land Development Regulations has a myriad of different considerations for a project to 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 move forward. When a project is received from a zoning level, the setbacks, height, architecture and others are provided. Attorney Duhy spoke to zoning maps and commented the CRA was not recommending changes to it. A property owner or a developer can come in and ask for a zoning change to be consistent with the Comprehensive Plan and they would show how they are consistent with the rest of the zoning code. Staff does not universally change the zoning map. Property owners usually do that. She explained the Board can still create regulations for land use categories. Attorney Duhy understood the Board was discussing land use changes, and staff would come back with recommendations on changes to the Code Ms. Brooks explained there were not many recommended changes on Federal Highway North. She showed an area for high density residential and added mixed uses by Gateway Boulevard as they wanted a little bit of commercial. They had added special high density residential buildings and noted older condo projects along Federal Highway, such as Sterling Village are constructed above density and they are inconsistent. Staff sought to change the land use and wanted to provide infill. Chair Grant requested receiving maps that only depict the changes when the Plan returns to the Board and Ms. Brooks agreed. Ms. Brooks explained there were no major parcels to propose anything on. She explained the area was primarily a single family built -out area. There were some condos and parks and it was consistent with what is already there. High density residential was 14 du /ac had a maximum height of 45 feet. On North and South Federal Highway, the height is primarily 45 feet which did not change from the existing Federal Highway Corridor plan. Mixed -use Low was 20 du per acre and many projects constructed under the Federal Highway Corridor were built under the 45 feet height. Staff sought flexibility to have an optional commercial use. Staff was not proposing any changes to the Heart of Boynton plan; they were just including it in the Consolidated Plan. There would be high- density residential to connect two commercial areas. Chair Grant asked for a legend. Ms. Brooks explained she will send a synopsis to the Board members that will be bulleted, showing just what is changing. She will try to include at least the major street names. The HOB was reviewed for townhomes or garden apartments and Ms. Brooks explained redeveloping Public Works was in the original HOB Plan and the recommendation was to have residential development there. Some rezoning had already occurred. An example of the commercial project on the northeast corner of MLK Jr. and Seacrest Boulevards was viewed. Chair Grant asked if certain parts of MILK would remain commercial and have CRA parcels be residential. He asked if east of the Bells store was residential. Ms. Brooks explained it was a lower density residential area and staff 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 sought to have higher density and a grocer. Chair Grant asked what the downside of MU -Low was so commercial and residential uses could be there. Ms. Brooks responded there was no downside unless there was a true mixed use as a grocer will not permit apartments above it. Some areas can have light commercial and in high density residential, developers could be given an option of MU -Low to have commercial or residential and no change in the height. Ms. Brooks explained if trying to attract retail anchored by a grocery store, high density residential supports it. Mixed -use would not. Ms. Brooks explained there was not enough land to have a mix of uses. Chair Grant wanted to change High Density - Residential to MU —Low. Ms. Bassiely explained mixed -use districts have a flexibility of uses and they do not always require commercial and residential. Some developments planned as mixed uses are coming in as pure residential. It was important to attract service uses like a grocery store. The purpose of using conventional zoning along MLK instead of the mixed use districts is to ensure they receive services and residential. Both ends of MLK have general commercial zoning to the east and Local Retail Commercial to the west to be anchor points for services uses /commercial development. The high. density residential is to ensure they have the population to support it. Chair Grant favored MU - 1 and asked if there were homes east of the Quik Stop or if it was commercial and learned it was always commercial in the past. Chair Grant thought they should be given the option for higher density at 45 feet compared to 15 units at 45 feet. Ms. Bassiely explained they want commercial and residential. Ms. Brooks explained the High Density Residential could be changed to mixed -use and the corners would be required to be commercial. The middle can be residential as MU -L. The recommendation was to increase density to 20 du per acre. Ms. Brooks advised there were no recommended changes for land use for the Industrial Craft District. Staff sought to improve the area as there is an emerging art district there. And staff wanted to consider expanding the type of uses that can go there. She noted the breweries were able to be accommodated through Code changes. She suggested contemplating the same to provide flexibility for artists. They could increase visibility and beautify the area, install sidewalks and help accommodate parking. Mr. Casello liked putting time and effort into the Arts District. Ms. Brooks explained only one section was for the art. Chair Grant thought it improved the area and asked if other areas have art districts. Ms. Brooks responded the Wynwood area in Miami was pushed out. Chair Grant noted there is also a small industrial zone in the HOB by 1 St Avenue. He thought calling the area an Arts District as opposed to Craft would give more value to the area. Ms. Brooks explained they did not want to exclude anyone and they included everyone. Artist Rolando Barrero subleases several warehouses to artists. She cautioned if they made the area all art, there would be no buildings to accommodate food and the Code would have to be changed because food is not allowed in industrial areas. That is why breweries do not have food. Chair Grant asked if food trucks are allowed, and learned they were, but it is hard to park them and there is 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 nowhere for people to park and walk except in the road. She commented they have to change one condition to where people can walk and park and provide separation from single - family neighborhood districts. Chair Grant asked if the CRA could purchase property for a parking lot. Ms. Brooks explained they could put one in the middle for parking and food trucks, which was also done in Wynwood. Ms. Brooks explained the aforementioned items were a few of the implementation steps and a much more comprehensive list would be provided that would be more project oriented. She explained they would conduct a full audit of the Land Development Regulations, submit Comprehensive Plan amendments, create an R -4 zoning district if the Board approved. They could create a mixed use node zoning district and if the Board approved create an Ocean Avenue Promenade Overlay. Staff would create a Transit Oriented Development Height incentivized bonus within the Downtown area. She explained if workforce housing is wanted, they could try to create an incentive to make it happen and see what other cities have done. Staff would create a public parking Plan, which would require a consultant, but in order to pay for it, it must be in the plan. The Board would have to adopt Complete Street Guidelines which would be done by the City, but it would be added to the Plan in the event the City needed assistance. The FLU Map is not consistent with what the Plan says. Staff was seeking to initiate the land use and zoning for target redevelopment sites so redevelopment could be expedited. Ms. Brooks explained the City could initiate land use and zoning on any parcel as far as up- zoning and the City has downzoned on the west side of the HOB plan, but the CRA purchased the land and because there was a partnership, there was no lawsuit. The CRA will be handling projects and hire a consultant to do a parking study. Someone would be hired to institute complete streets and likely pay for someone to handle the Ocean Avenue Promenade. The CRA will pay for the items and oversee them with City staff. Most of what is occurring is economic development, community policing, marketing events and additional projects. They would create incentive programs for developers to provide amenities that are needed such as office space and a hotel. Ms. Brooks advised the Downtown Vision and Master Plan has a long implementation list. The CRA accomplished much of it, but there was only so much money. Chair Grant opened public comment. Motion Ms. Romelus moved to take a short five - minute break. Vice Chair McCray seconded the motion that unanimously passed. Chair Grant recessed the meeting at 9:12 p.m. and reconvened at the meeting at 9:21 p.m. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Chair Grant announced he would permit eight minute public comments Linda Cross, Chair of CRA Advisory Board, explained the CRA Advisory Board meeting went until after 11 p.m. and she does not yet have a recommendation to proffer regarding the CRA Consolidated Plan. She thanked the CRA and City staff and explained there are multiple variables and thoughtful consideration had been given to the Plan which has been reviewed for over a year. She explained the Advisory Board expects to be able to provide a recommendation on adoption or if changes should be considered as they will address it at the August 4 th meeting. The Board hoped for an additional meeting on July 21 There was one motion offered to maintain the current height and density at Woolbright and Federal Highway as MU -3 which permitted 75 feet height and 40 du per acre density, but it did not pass, only because the Board did not feel they were ready to vote on the issue. Since first meeting in February, each Advisory Board Meeting had speakers, presentations and educational sessions. The members are committed to the Board and will do all they could to make a recommendation. Ms. Cross noted the CRA had several workshops regarding the Plan and in all cases there was overwhelming support for most in the Plan, but with density and height there is a 50 /50 split from the public. She explained there is no clear guidance and they must evaluate the information they get from City staff, the CRA and professionals regarding what is best for Boynton Beach. There were only a few changes from the existing height and density and the Advisory Board requested a summary of just the changes. She commented when looking at the changes, there is a step approach as they do not want to put 150 -foot buildings next to two -story buildings and a gradual increase in height and density was desired. The demographics of the area was the CRA District will grow and a 50% increase was anticipated over the next 20 years. The Advisory Board noted a majority of the block groups had median incomes below $33,000. She thought it was important for the CRA to act accordingly to provide for growth and to provide homes and opportunities for residents to work and earn higher incomes while maintaining an attractive, cultural, financial and ecologically sustainable community. She thought a thriving community would not be in conflict with the height and density. There is also very little vacant land. Instead there are aging properties, businesses, small shopping areas, single - family residences and small condos that need redevelopment. She questioned as they become available for redevelopment what would replace them. She commented the CRA Advisory Board was unanimous it is important for the City to get its act together to have one consistent Consolidated Plan with zoning, parking and all the other ordinances so residents and developers will know what the rules are. Whatever is adopted as a result of the Plan should be adhered too and not let every developer get variances. Maximums are the maximum and minimums are minimums. She noted the project at 601 allowed parking and height to be ignored. Lulu DeCamera, 836 East Drive, requested the CRA Advisory Board receive all the documentation relative to the Strategic Plan and all current and future development 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 projects for all the areas in the CRA District so it could review them. She commented the higher the building, the more concrete is used. The height changes the wind patterns and blocks light and air. She recognized economic development and job creation is important, but she did not think developers will guarantee they will employ local workers. The Palm Beach County Commission tried to include this in development contracts, but she was unsure of its outcome. She thought developers regularly receive a reduction in the parking per the Code. She hoped it would require the City to build a parking garage as occurred in Delray Beach. She noted the plan recognized residents would walk and bike, but she thought with 90 degree weather, cars were still needed. Harry Woodworth, 685 NE 15 Place was speaking for INCA and commented there was no doubt the CRA Advisory Board has value. He noted eight weeks before final approval on the Plan without a summary of the changes was an issue. He questioned how a Board could make a decision on something they could not quantify or review. The citizens do not have a clue and he has wanted this for a long time. He thought the citizens would likely agree with 80% of what is in the Plan. He commented people went to the workshops, and many attendees did not know what they were voting on. He thought this was the most important thing going on in Boynton Beach today as it forms the City for the next 20 years. He wanted the CRA to get the job done right even if it took a little longer and thought the citizens have to be heard and reducing development was a big element during the election. He commented there were only six roads that had issues. Chair Grant suggested Mr. Woodworth send an email of what he did not like. Tom McClure, Boynton Intracoastal Group President, requested a summary of the Consolidated Plan changes. He commented Riverwalk is a beautiful project, but it appeared to be outside what the citizens are looking for as citizens want 45 feet. The CRA advises the height is already at 75 feet, but it may be a proposed 75 feet. He commented the CRA would request the building be 100 to 150 feet. He explained BIG had a meeting in March at Sterling Village that had over 200 people. The developer, Mr. Rikman and his staff came and made a presentation. He recorded everyone's name and address and it was indicated they wanted to get back to those individuals, but those attendees have not heard anything and the developers have been speaking to the City Commission. He announced the citizens received nothing and they want a voice in the community. Mr. McClure noted Seagate is next to Riverwalk and Seagate is a 55 and over community. He referenced the Plan is for residents to walk and bike in the community, but Seagate residents usually drive from the front of the property to the back and they drive to Prime Catch. He explained there are 360 units and there are six bicycles. He asserted the concept does not fit the community and he requested receiving the summary so they could work in unison. Barbara Ready, 329 SW 13 Avenue, explained she does not live in the CRA District, but she always participated in CRA activities and was part of the Downtown Steering Committee. She recalled the residents voted for a four -story height limitation and that 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 was the community's statement for low density and smart growth and public input was lumped together with parts of the Plan attendees liked and did not. She suggested the Board take their time to study each component of the Plan. Attendees had to vote for the entire Plan and were not allowed to ask questions. A definite no answer was when Butch Buoni announced the project would be 150 -feet by Sterling Village. She believed if attendees could have asked questions, the CRA would have received more accurate input from the public and expressed the citizens are the stakeholders, not the developers. Richard Tufano, Director of Section 4, High Point, was present on behalf of Sections 1, 2, 3, and 4. He did not want to apologize to residents of High Point if Riverwalk is constructed to 75 feet when no one wants that height and density. The same was true for 601 South Federal Highway. He thought height increased towards the high density core and the residents love Boynton's small town flavor. He requested the Board listen to the citizens as that was what the last election was all about. Christine DeHaseth, Executive Director of Florida Coalition for Preservation, 4600 N. Ocean Boulevard, explained their mission is to promote responsible development and help ensure citizens have a voice in the future growth of their cities and help cities make sound and sustainable land use and zoning changes that are good for the citizens, not just the developers. Ms. DeHaseth explained the Board was presented a convoluted Plan of staff's vision of future growth in the CRA and the issues are complicated. She noted the MU -4 zoning designation and land use change of Woolbright and Federal Highway to MU -H. She noted Mr. McClure spoke about a meeting in March, and corrected there were over 300 people that attended at Sterling Village. She believed Board members were present and advised the two most pressing issues were height and traffic. The proposed Riverwalk project at 100 feet was deemed incompatible with the surrounding 45 -foot buildings and commented she did not hear the word "compatible" throughout the presentations. She asserted the increased traffic will worsen already bad traffic and create unsafe entry and exits to the project which are not to the current engineering requirements and would require a variance and a waiver. Traffic congestion will create potential delays for emergency vehicles. Ms. DeHaseth commented the CRA and staff proposed the four corners of Woolbright and Federal land use be changed to MU —High and created MU -4. She explained the designation will not affect the other three corners. It is for the Riverwalk Plaza and she asserted the CRA was spot planning. With MU -4, Riverwalk could be built to 100 or more feet, and would allow for 60 units per acre which would be 586 residential units. Ms. DeHaseth asserted the Plan was an example of infill outcomes of zoning changes. She commented the Board could not separate land use as zoning changes go hand -in- hand. She cautioned the Board be clear what the zoning changes will allow and stated development rights can and will be sold. She inquired where the traffic study and housing study to support the need was and asserted it was a plan for the next 20 years that favors developers and their current projects today. 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Sal Rikman, general partner of the entity that owns Riverwalk Plaza, 3630 Yachtclub Drive, Aventura, understood citizens' concerns, but advised the last speaker provided 80% false information. He commented there were less than 300 people at Sterling Village as it was a Fire Code and attendees were counted. The adjacent property is not where Tom McClure lives and it is about 10 acres of wetland. Shadow studies were made including traffic and the project complies with all that was said. He asserted the comment was totally unfounded and fear mongering. He advised the project started two years ago, and the MU -3 zoning that was allowed under the proposed zoning is currently 75 feet. They came in with a 75 -foot project. Because of the circumstances, they have with the Walgreen lease, which was 42 years out, they will not come on board, so they scaled back the project. Instead of having 400 units, which was 10 units per acre, they went down to 326 which is on record, not 580 units which had less density allowed under the present Code; however, instead of building over Walgreens they had to scale the project back. A 400 -foot setback will make the building seem smaller than what it really is. He disputed the comments that were made as untrue. He commented they submitted a seven -story project and the City and the CRA said they cannot build to seven stories. Financially, he needs 10 stories to get the 326 units, which was his break even mark. He was advised the plans were already being changed and the nodes were going to change to a future height. He advised the project will be passed or rejected. He asserted if this was going to drag on he would withdraw his application. It will be the Board's decision to keep it as a retail center and lease it to whoever they want. They have been invested with the project for two years and bought out the Winn Dixie lease. He reiterated they approached the City a year and a half ago and were asked to hold off. He commented he would not wait any longer. Mr. Casello explained 75 feet is the current standard and he questioned why anyone would have indicated the 75 feet could be exceeded. Mr. Rikman explained they did not give an indication, only that there was a plan in the works for a node for 100 feet which was planned a year and a half ago. Ms. Rosa, 17 Pepperwood Court, lives next to where high density was instituted on High Ridge Road. She owns three condos on Ocean Avenue she rents to a teacher who pays her $650 a month, another teacher that pays $800 a month, and a third teacher who pays $750. . On the one hand, she thought she could make money if developers come in. She did not know what to think, looking at the railroad. She explained to her, the condos were affordable housing and High Ridge rents start at $1,100 a month with one car. She questioned if people could afford rents of $1,100 to $1,500 and commented it was not possible to purchase a home for under $200,000. Mr. Casello commented he voted against the project as he thought it was too dense. She did not understand how they could build something without subsidy that people could afford. She advised things were moving fast, but sometimes it helps to slow down. Buck Buchanan, 807 Ocean Inlet Drive, explained he loves most of the Plan, and commented it was not a Consolidated Plan; it was a comprehensive plan and many 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 things were added. The majority of citizens who attended the workshops agreed with the points. He thought the Plan affects the entire City and a height limit should be the height limit. He did not like adding any 100 -foot height classifications to the CRA District as they have small streets and residences and he did not agree with 150 feet in the core and thought if citizen input would have been on those specific items, the majority would agree with him. He thought whatever they decide or the City Commission passes, it should be clear if there is a 75 height limit outside the core and 45 feet on Ocean Avenue. He disagreed with indicating this is only land use and controlled by land regulations, and there are compatibility issues. He agreed those things are needed, but height is a big issue and it should be indicated nothing will be built higher in the CRA district than 75 feet. Tony Mauro, 2611 Lake Drive North, advised he works in Boynton Beach and applauded the work the CRA staff and the Board are doing. He commented his sons go to college outside of Florida and he hoped they would return to Boynton Beach. There was much excitement in Boynton Beach over the last year and when his sons were visiting, they liked the energy and were thinking of returning to Boynton Beach. He did not want to create an environment that is comfortable with not much change and be laid back. He thought the CRA should create an environment for everyone and that people would not say they are not from Boynton Beach; they would say they live in Boynton Beach. If the Board is scared of height and growth, there would be one building in the town, no bridge over the Intracoastal and they would be moving backwards. He thanked the Board for what they are doing and thought there was great momentum. No one else coming forward, Chair Grant closed public comment. Mr. Casello preferred to wait until an opinion from the Advisory Board was received and wanted a simple summary regarding zoning and height. Ms. Romelus agreed with Mr. Casello as it is a complicated issue. She wanted more respect and decorum for the presentation. The Board was trying to figure it out and do what was best for the City. She thanked Mr. Mauro for his comments as it was good to hear all sides of the issue. Chair Grant asked about spot zoning, and Ms. Brooks responded the CRA is not spot zoning or instituting spot land use as they are not legal. Attorney Duhy explained what was proposed could not be characterized legally as spot land use because they were instituting many changes. He noted the public hearing dates do not include the CRA budget hearing on August 18 and learned the item would not be discussed under the budget. He asked if the CRA plan had to be approved before the budget and learned it did not. Chair Grant agreed a maximum height should be a maximum height. Ms. Romelus agreed all should be included in the number. Mr. Casello explained the Code allows it. Chair Grant explained the Board could make a recommendation. 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Ms. Bassiely suggested the implementation guide include this item under the Land Development Regulation audit, and look at the Code and revise the height exception process they have. It will be inside the Plan as an implementation step in the CRA area. Attorney Duhy explained the Board cannot give direction regarding the Land Development Regulations, and this would be the proper method to implement Mr. Casello's recommendation. Ms. Brooks explained the Plan does not control height. The recommendation is to include it in the implementation guide so staff will review it. Ms. Romelus asked if it would affect prior approvals and learned it would be legally non- conforming because it was approved under a different Code. These are proposed land use changes. Nothing was changed on the ground. Vice Chair McCray wanted the CRA Advisory Board to bring back a recommendation, and appreciated Mr. Mauro's comments. He responded he was not scared and would do what was right. Mr. Katz commented the message he received was the Board needed to change in a positive direction and not be scared of those who oppose change. He advised they have to compromise. Just because speakers discuss an issue with a representative does not mean it is the entire City's view. He thought the key is compromise, meeting somewhere in the middle and it should not be objectionable to either party. He understood the desire to set strict maximum height limits, but it is up to the Commission to adhere to them, noting they have the right to approve or deny a request. He understood the idea of etching in stone unchangeable height limits at 75 feet, and understood an applicant may need five feet to screen an appurtenance. He commented it was different from additional stories or livable space, but he did not favor setting a hard maximum. He thought it was reasonable for someone to ask for an accommodation for non- livable space. Ms. Brooks asked Attorney Duhy if it was a normal practice to ask for this type of exception and Attorney Duhy replied variances and waivers are fairly common in jurisdictions and they are usually at the discretion of the governing body to determine if they are appropriate in a given circumstance. She explained there is criteria that has to be met. The Code already has accommodations for certain types of structures that exceed the height limit in certain situations. She advised it was not uncommon and it was a policy question. Andrew Mack, Development Director, explained one reason the process is being expedited is because they are in a current development cycle. The issue is not just Riverwalk as there are other projects, and most of the development is occurring in the CRA. He commented the need to expedite the Code was suggested at a Riverwalk meeting. From the development community perspective, they wanted to get the project in front of the Board. Staff would have loved to go district by district, height by height, project by project for the review. It is up to the Board to make the decision whether to miss the cycle. 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Mr. Mack emphasized the Code is written to the maximum habitable height to the roofline of the habitable space. Maximum height is the maximum of habitable space. If saying 65 feet, an applicant cannot have any living space higher than 65, but they can have parapets at another five feet. There are height exceptions for appurtenances already in the Code, which was used for the 601 Federal Highway project. The Board can make some changes to height in the CRA District as an implementation step. The Federal Highway Corridor Plan has a few tweaks as there are just a few parcels in question. He thought if they can get past these areas, there will be plans in place. He would not want to see a lengthy delay as they will miss the cycle and there are several projects forthcoming. Ms. Romelus commented the City was in a down cycle for the last few years and this had nothing to do with Riverwalk. She believed the City was at a precipice to move forward and change the City's future image for the better. She mentioned if they delay the process because they want to make sure they do not let fear put them into a bubble, it will hurt other changes such as the Town Square development and all developments in the future. There is a development cycle in place they do not want to lose and if they do not have clear direction, the process will repeat, which they were trying to fix. She hoped the Advisory Board could give a recommendation. Chair Grant disagreed and noted they are not building more in Boynton Beach. There is one project in the CRA District. He asked if there was over $300 million in development. Mr. Mack responded there is one project under development in the CRA, two that were submitted and another on the horizon. 500 Ocean was a $60 million project adding 320 residents. He asked why they were rushing the development when there would be an extra 2,000 people in the City. If they continue building at this pace, they will lose their small town feel. Chair Grant announced he does not want Boynton Beach to turn into Delray Beach as they are over developed and that was why Atlantic Crossing would not be developed. He indicated the Board did not get the broader picture to see what was changing and there are many missing pieces. Mr. Mack explained there were suggestions at the CRA Advisory Board meeting how to present the information as it was difficult to delineate the land uses. Most of the items pertained to the Federal High Corridor plan and if the Board was in agreement with the Plan, they are talking one or two parcels. Chair Grant disagreed referencing adding an activity node that was not approved. Mr. Mack explained some are for development and some are not. There is a happy medium. He emphasized they are currently getting feedback from the CRA Advisory Board and the Board and staff is drafting the Plan to come back to the CRA Advisory Board on August 4 If another step is added, they may delay it a few months. Chair Grant understood the CRA Board would receive the Advisory Board's recommendation in September. He thought the final adoption would be in October and noted tourist season starts in November. He did not understand how a one month delay would hurt. 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Mr. Mack explained Mr. Rikman had already advised he could not wait and there are other projects waiting for the Plan to be approved. Mayor Grant thought there were other opportunities for other projects. Mr. Mack explained staff brought the Plan to the Advisory Board and to the CRA Board. On August 4 th they are presenting a Plan, and even if staff presented a draft, the Board could still make changes at that meeting. This is just a presentation; it is not the actual plan. On August 4 the Advisory Board will have made a recommendation. If not approved, the Plan would return to the old Plan. Ms. Brooks clarified staff was asking for comments on what was being changed. Vice Chair McCray agreed with Ms. Romelus last statement. XV. CRA Advisory Board A. Reports —None B. Pending Items: 1. Research on the Feasibility of a Regular Art Walk Event on Ocean Avenue September 2. City Services Survey for the CRA Chair Grant noted there was no CRA pending item for the executive summary.. Motion Mr. Casello so moved to add an executive summary as a pending item. Mr. Katz seconded the motion. Mr. Mack inquired if there was a time limit and learned an executive summary would be due August 4 Ms. Brooks noted they were trying to hold a special meeting on July 21 The motion passed unanimously. C. New Assignments — None XVI. Future Agenda Items: A. Consideration of Issuance of Request for Proposal for the Cottage District — September 2016 Chair Grant noted the AmeriGas tank was gone and the property already looked better. 26 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 XVII. Adjournment Motion Vice Chair McCray moved to adjourn. Mr. Casello seconded the motion that unanimously passed. The meeting was adjourned at 10:39 p.m. A Catherine Cherry Minutes Specialist 071516 27