Minutes 07-26-16
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
ON TUESDAY, JULY 26, 2016, AT 6:30 P.M.
PRESENT:
David Katz, Chair Mike Rumpf, Planning & Zoning Director
Ryan Wheeler, Vice Chair Ed Breese, Principal Planner
Kevin Fischer Hannah Matras, Senior Planner
Trevor Rosecrans David Tolces, City Attorney
Nicholas Skarecki
Floyd Zonenstein, Alternate
ABSENT:
Brian Miller
Stephen Palermo
Chair Katz called the meeting to order at 6:30 p.m.
1. Pledge of Allegiance
The members recited the Pledge of Allegiance, led by Vice Chair Ryan Wheeler.
2. Roll Call
Roll was called and it was determined a quorum was present.
3. Agenda Approval
Chair Katz asked to move up Item 9 to right after Item 5.
Motion
made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the agenda
as amended. The motion passed unanimously (6-0).
4. Approval of Minutes, April 26, 2016 meeting
Chair Katz commented that verbatim minutes are not needed, but if a Board member
asks a cogent question, he would like to see it in the minutes, who asked the question
along with the answer, rather than “discussion ensued.”
Motion
made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the
minutes of the May 24, 2016. In a voice vote, the motion passed unanimously (6-0).
Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
5. Communications and Announcements: Report from Staff
Mr. Rumpf, Planning and Zoning Director, said the following items from the July 5 City
Commission agenda were approved:
All text amendment items involving used merchandise, sale and repair of motor
vehicles and boats, the silos and storage containers, sustainable parking items.
All items Title 601 S. Federal Highway, which is a mixed-use project combining
an office building and a residential building. Each item included land use and
rezoning items, Community Design plan appeal, site plan, and height exception.
Chair Katz asked about the decision to let True Treasures come into the space that was
Home Depot or the grocery store, but now that they have withdrawn, if it would open up
doors to other questionable parts of the city, like consignment shops. Mr. Rumpf stated
he did not think so as he had this in mind when he made his recommendations.
6. Comments by Members – Discussion by Board of proposed training
session from American Planning Association
Chair Katz reported that he, Vice Chair Wheeler, and Mr. Fischer had gone to a training
session put on by American Planning Association. The following items were discussed:
Whether giving notice of 400 feet for public notice is governed by City ordinances
or by State Statute. Although it’s a local ordinance, Mr. Rumpf said it could be
determined by a sliding scale based on relevant information such as noise
ordinances. Mr. Rosecrans said increased traffic counts could also be a trigger.
The sign code was rewritten as part of the Land Development Regulations (LDR)
in 2010.
Some boards in this county get their backups sooner than this Board. A request
was made to get the packets sooner. Citing presentation made by Sue
Trevarthen, land planner and attorney from Broward County, an overview of the
Board as a quasi-judicial body was discussed with Mr. Tolces.
Another part of Ms. Trevarthen’s presentation concerned a board avoiding being
arbitrary or discriminatory in making decisions. Mr. Tolces and Mr. Rumpf
confirmed this position, stating the LDRs provide objective standards, most of
them measurable.
An overview of ex parte communications cited Resolution 95.99. Various
examples were reviewed, stressing transparency and compliance with the
Sunshine law concerning public records
7. Old Business
Chair Katz stated there was no old business.
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Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
8. New Business
211 E. Ocean Avenue (MSPM 16-005)
A.1. – Approve request for Major Site
Plan Modification approval to add 1,266 square feet to an existing 1,500 square
foot building for the conversion of the structure to a restaurant use, and related
site improvements, located in the R3 (Multi-Family Residential) zoning district,
within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co.
James Williams, A&W Architects, gave a brief slide presentation, including the following
points:
The historic Magnuson House is intended to be a casual neighborhood
restaurant, with outdoor seating.
The CRA provided Historical Society’s 1920s photographs so the front
o
porch, which is not there now, could be duplicated.
Applicant proposes a trellised area for an indoor/outdoor beer garden.
o
The 750 sq. ft. on each floor of the main house will be retained. There will
o
be an addition to the rear of approximately 1,300 sq. ft., as well as the
covered porch in front and back.
The site will be kept as lushly landscaped as possible.
o
With the roof plan, the air conditioning equipment, as well at the kitchen
o
exhaust hood, are hidden from view behind the structure and behind the 4
to 5 foot high mansard roof.
A stair will be added on the west side to access storage and office functions for
management, allowing for no public access. The existing inside stairs will be
coming outside to make room for seating, which has been approved by the
Historic Board.
Working from the historic pallet of colors, the color scheme for roof, wood trim,
and walls were chosen.
Regarding parking, Mr. Williams explained the agreement with the CRA for the parking
lot in the next block, as well as the parking lot at the City Park several blocks away, both
in addition to on-street parking. Transit and transit-oriented developments are needed
for this to be considered a CRA urban-style site.
The Engineers have determined that 1) the existing fire hydrant located 200 feet from
the front of the property, and 2) the existing water main are both sufficient. Eventually
the water will be upgraded (five-ten years), but the Engineers have assured that the
only concession on the plumbing is that they can’t use flush valve toilets.
Vice Chair Wheeler asked if Mr. Williams and his client are okay with the conditions of
approval set forth at the last meeting. Mr. Williams admitted that for the most part, yes,
but Item 13 regarding the buffer walls is an issue that requires discussion. The applicant
knows he has to comply with noise ordinances, but he would prefer not to build walls
around his site; he’d like to have good access. The CRA may participate in the building
of this wall, but they didn’t seem to be in favor of it either. However, it is written in the
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Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
ordinance. One mitigating feature is the project is not immediately adjacent to any
incompatible use.
Chair Katz asked if a landscaped “wall” would be better. Mr. Williams said there is
heavy landscaping on the north and east sides. A solid masonry wall is best for stopping
sound, but cost study on this wall is approximately $55,000. A PVC/vinyl wall is also
being considered.
Chair Katz called upon Mike Simon, Assistant Director for CRA, as to how the CRA
feels about Item 2. After some clarification of responsibility for the paving, Mr. Simon
said the CRA supports the applicant’s efforts to mitigate that condition and appreciates
Mr. Mack’s ability to see past the drawing.
Mr. Skarecki asked Mr. Simon how the CRA feels about the wall. Mr. Simon replied that
despite the regulations within the LDRs, the CRA would like to see acceptable
alternatives to PVC fencing. They would not like to see walled off sites as screening
them off defeats the purpose. The CRA is already into the project for $336,000 worth of
grant monies.
Mr. Skarecki next asked staff if the wall is just to contain sound. Mr. Breese replied, yes,
the wall is for sound purposes and is in conjunction with the landscaping, which is
above the wall as well.
Mr. Fischer wondered if, in this district, there has been any evaluation for the potential
for shared storm water facilities. Mr. Breese replied that most of the heart of the
downtown, east of the railroad tracks, has that concept. West of the tracks, however,
does not have that at this time.
Chair Katz opened the floor for public comment; there was none.
Motion
made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve 211 E.
Ocean Avenue, Item 7.A.1 (MSPM 16-005). Chair Katz asked that the motion be
amended to give the Applicant relief from the buffer wall in Condition #13 in favor of
adding additional landscaping. Vice Chair Wheeler moved to approve the motion as
amended, Mr. Skarecki seconded. In a voice vote, the motion passed unanimously (6-
0).
Comprehensive Plan’s Coastal Management Element Text Amend-
B.1.
ments (CPTA 16-001)
– Approve amendments to the Comprehensive Plan’s
Coastal Management Element that 1) address new statutory requirements
pertaining to prevention/mitigation of flood hazards in the coastal areas
(Chapter 163.3178, F.S.); and 2) update the remaining objectives and policies
to account for completions and changes in the City’s programs. City initiated.
Chair Katz introduced Hanna Matras, Senior Planner, who reported on the history and
drafting of new statutory requirements to be placed on review. The new code now calls
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Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
for the Comprehensive Plan to be amended for changes in the State requirements only.
It is recommended that the City at the same time also reviews all the elements of the
Comprehensive Plan. There are incoming amendments for the land use and several
other elements that stem: 1) from the Coastal Consolidated Plan which requires
extensive amendments to the land use; and 2) major changes to the public school
facilities because of public school concurrency (now called Capacity Determination).
Palm Beach County is doing a template for all municipalities to amend the Plan to
reflect these new regulations. This amendment is due now for the codification of the
several new requirements for that element.
There are six (6) new requirements. The last three are not an issue because they can
be verbatim incorporated into the Comp Plan. However, the first three need immediate
attention as the language is vague and general. Prior to 2011, Rule 935 was used to
interpret and clarify the statutory requirements and has been eliminated. The
Department of Economic Opportunity/Community Planning staff have considered
acceptable language.
The new requirements for the Coastal Management Area mainly pertain to coastal
st
flooding and were approved in the last year’s legislation and codified on July 1. The
st
letter of determination is due August 1. Two other governments that submitted
language are still working with the Department of Economic Opportunity as there still is
no example of what language will be acceptable.
Besides responding with some policies, the entire element is being withheld. Two items
needing attention are: 1) sea level rise, and 2) tide-prone areas and other flood-type
areas.
Mr. Rosecrans asked about King Tide areas impacted now, with significant sea level
rise predictions. Michael Lowe, Utilities Manager, Technical Service, said there is not a
lot that can be done. They are investigating various types of storm systems. Storm
systems along US 1 fall under FDOT’s jurisdiction, but Boynton Beach Utilities (BBU) is
putting others in, and looking at different types of control structures.
Mr. Rosecrans next asked about sea walls. Mr. Lowe said BBU is not looking at sea
walls; that would fall under planning. There are a number of areas that already get badly
flooded. In one particular area, BBU put in a storm water system and storm water
ponds in that area with pumping stations, but once the sea comes over the wall, there’s
not much that can be done. Mr. Rosecrans wanted to know if that was at high tides now
or only King tides. Mr. Lowe said they don’t pump at high tide, only when there is storm
water that needs to be removed.
Chair Katz opened the floor for public comment; there was none.
Motion
made by Mr. Rosecrans, seconded by Mr. Fischer, to approve Comprehensive
Plan’s Coastal Management Element Text Amendments (CPTA 16-001). In a voice
vote, the motion passed unanimously (6-0).
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Meeting Minutes Planning and Development Board
Boynton Beach, Florida July 26, 2016
9. Other
There was no other business.
10. Comments by members
– Additional
Chair Katz asked Mr. Rumpf if the DART Review Board is what used to be the
Technical Review Board, and is it open to the public. Mr. Rumpf answered, yes, it is the
old Technical Review Board; and no, it is not open to the public. It is for administrative
staff only. There are other opportunities for public hearings and intervention, and
information is made available to the public on the website.
Mr. Rumpf had an informational item: This Thursday (July 28) at 5:30 at the Inn at
Boynton Beach, the FDOT is holding a public workshop to go through alternatives for
potential improvements to the I-95 interchanges with Gateway and Boynton Beach
Boulevards.
10. Adjournment
Upon motion duly made and seconded, the meeting was adjourned at 7:30 p.m.
[Minutes prepared by M. Moore, Prototype, Inc.]
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