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Minutes 12-27-16MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, DECEMBER 27, 2016, AT 6:30 P.M. PRESENT: David Katz, Chair Ryan Wheeler, Vice Chair Kevin Fischer Trevor Rosecrans Andrew Podray Stephen Palermo, Alternate Floyd Zonenstein ABSENT: Nicholas Skarecki, Alternate James Brake Mike Rumpf, Planning & Zoning Director James Cherof, City Attorney Steven Grant, Mayor Joe Casello, City Commissioner Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance. 2. Roll Call Roll was called and it was determined a quorum was present. 3. Agenda Approval Motion made by Mr. Wheeler, seconded by Mr. Rosecrans, to approve the agenda. In a voice vote, the motion passed unanimously (7-0). 4. Approval of Minutes from October 25 and November 22, 2016, meetings Motion made by Mr. Wheeler, seconded by Mr. Zonenstein, to approve the October 25 and November 22, 2016, minutes. In a voice vote, the motion passed unanimously (7- 0) . 70). 5. Communications and Announcements: Report from Staff Mr. Rumpf, Planning & Zoning Director, said the following items were approved by the City Commission: Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 • Amendments to the Comprehensive Plan, second reading, specifically Coastal Management Element • City Initiated Mixed Use 4 Zoning District, first reading • City Initiated Infill Plan Development, first reading. 6. Old Business – None 7. New Business Chair Katz proposed all the items associated with Riverwalk Plaza be consolidated. With the consent of the applicant, Mr. Cherof said the items could be consolidated. The first item is legislative in nature and the next three are quasi-judicial. There can then be one presentation and one round of public questioning on any of them. At the conclusion, there will be a separate motion on each item. Steven Wherry, Greenspoon Marder, attorney for applicant, agreed. Chair Katz disclosed that he and Mr. Wherry had a 14 -minute phone call prior to this meeting. Mr. Rosecrans disclosed a 6 -minute conversation. Mr. Zonenstein disclosed a phone call in which he told Mr. Wherry there was nothing to discuss. Mr. Podray disclosed a 5 -minute conversation. Mr. Wherry gave a presentation, beginning with the history of the property under consideration and the vision of the CRA to redevelop the entire site as a mixed -used project. Of note was the accommodation of the remaining tenants in the remodeling project. However, Walgreen's was not receptive to the proposal due to a long-term lease (40 years remaining), which gave undisturbed access to surface parking areas. Walgreen's was not receptive to the idea of demolishing and moving the store to a new location within the site. Also, Wendy's has a long-term lease (20 years remaining), and were also reluctant to cooperate with demolition and moving within the site. Designing around these elements on the south and north sides, focus was given to the east side. The site plan was submitted in December 2015, and the later generations—which include applications to change the future land use map, to rezone, for height exceptions, and community design appeal—are now before the Board. Mr. Wherry gave an overview of the lengthy process leading up to going before the CRA and the approval of that consolidated plan by the Commission. Elements of the consolidated plan included creation of some new zoning districts and rethinking how those zoning districts related to land use. The aspect of those changes in the Riverwalk Plaza plan resulted in an idea to create an activity node at the intersection of Woolbright and Federal Highway, creating the new MU -4 zoning district. Mr, Wherry stated that the plan before the Board is in conformity with the requirements of the zoning district. One element which bears consideration is a height limitation of 100 feet, which is reflected in item A.2., asking for an additional five (5) feet of height beyond what is called for in the MU -4 zoning district. The plans call for a finished roof 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 deck of 95 feet, and allows the building of a parapet around the roof to shield the roof equipment from sight, and a better, finished look for the roof. Additionally, some mechanical elements are non -occupiable spaces necessary for the functioning of the building (elevator shaft and architectural element at the front of building). All of these do not exceed 105 feet. Mr. Wherry presented illustrations of the core elements. The third application is for a community design appeal to accommodate a larger setback than what is required by the MU -4 zoning district. In consideration of neighbors Prime Catch and Wells Fargo Bank, as well as the existing Wendy's on the site property, applicant has worked with staff to come up with a design that is supportable. Another aspect is the creation of a public promenade along the intercoastal waterway for a wide variety of uses. The applicant was asked to assure that the area is dedicated in perpetuity to that kind of use. A public access easement will be provided into that area. Mr. Wherry showed illustrations of the proposed property and promenade. The last application requests approval for a major site plan modification. Backup materials before the Board goes through all of the elements of adequacy that relate to the plan which, as found by Staff, meets the Code in all respects. Chair Katz asked for questions from the Board. • Mr. Fischer asked about the building placement setback. First reading before the Board had a 25 foot setback from the intercoastal waterway, plus an additional foot for every foot of building height above 35 feet, which would be a 90 foot setback for this project. Mr. Wherry said the build -to line/setback issue was discussed with Staff, who have determined that the buffer is in keeping with the design standard of the Code. Mr. Rumpf spoke about the review process as approaching the Commission, pointing out some flaws in the table, which have been corrected. Additional flaws identified were regarding whether the project is a build -to or a setback, but the intercoastal waterway is not subject to those requirements. Mr. Fischer had a concern about the un -built out downtown where the mixed use core has always been maintained for future land use, though the height change is an issue, but did not think that changing the future land -use designation of this node makes sense to go to mixed use core at this point. • Mr. Palermo wondered, in regards to existing tenants, if there were any issues as far as parking and if it had been documented. Mr. Wherry explained Walgreen's concerns and, though not formally documented, how it was assured through significant face-to-face meetings in Chicago that the project had Walgreen's buy -in before plans went ahead. • Mr. Wheeler had questions about the finished floor elevations as compared to the finished floor of the Winn Dixie, the future FEMA flood path elevations, and the existing exfiltration trench. Mr. Wherry said he would have their civil engineer look into these before going to the City Commission. • Mr. Wheeler asked about guest parking, how it is enforced, and separated from Prime Catch and the existing retail. Mr. Wherry explained that Prime 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 Catch owns the property where the restaurant stands and where their current parking exists, and have had extensive discussions about doing a land swap which would have to be completed prior to permitting. Prime Catch would like to see their existing parking areas consolidated in front of their business, to which signage for Prime Catch Parking Only will be made, the rest will go for open parking. Stickers will be issued for resident parking. Mr. Wherry also explained the reasoning behind the current positioning of Prime Catch's dumpster and the plans for future use. • Mr. Palermo asked about designated spaces for guest parking of the residential complex among the approximately 778 parking spaces in the two level garage. Mr. Wherry said there weren't designated spaces for guests, but the general open area could be used by guests or individual shoppers, just not supposed to be used by residents. Also, plans meet the minimum number of handicap spaces and may possibly be able to slightly increase that. The rest of the parking is a mix of compact spaces, standard size spaces, and also 8 or 10 electrical vehicle charging stations. • Mr. Zonenstein wondered about the impact to local traffic due to the new 326 apartments. Mr. Wherry explained that mixed use sees an overall reduction in total daily trips, with an increase in the peak morning trips and a reduction in the peak evening trips. Bryan Kelly, Traffic Engineer with Simons & White, stated the approval letter from Palm Beach County had been received as part of the application, and proceeded to explain how the traffic study is conducted. • Mr. Rosecrans asked, looking at the plans, if the fire department was okay with no fire truck access to the southeast corner of the building. Mr. Wherry said while there is no access for the truck itself, there are high pressure fire connections throughout the site on the intercoastal side. • Mr. Rosecrans asked about the ratio of impervious versus pervious surfacing when finished. Mr. Wherry said there are currently 22,000 square feet of pervious area over the ten acre site, and plans are to double that—in consequence of landscaping plans—to almost 50,000 square feet of pervious. • Mr. Rosecrans wondered how many retail stores are planned for the first floor. Mr. Wherry said there will be a waterfront retail on the northwest corner of the building, but rather than another retail it would better serve as an amenity area for the residents. As to discouraging residential parking in the small area by the lobby and elevators, Mr. Wherry said all residential cars will have stickers and will be closely monitored. The parking scheme has been developed under the sustainable parking regulations. Mr. Wherry explained the two-stage process parking contingency plan, and the likelihood of either of those being invoked is slim. Mr. Rumpf discussed the existing Tables 3-4 and 3-21 on the intercoastal setback issue, and the error made in the calculations. When originally presented, the intent was to minimally affect the existing zonings to create the MU -4 district, and it will be studied more thoroughly in the coming year with the LDR audit against all the recommendations 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 from the CRA plan. For the second reading it has been changed back to zero, the low three and high, and drafted mixed use for the same. Mixed use districts are intended to provide flexibility, not like a conventional zoning district. Chair Katz stated he believed there is more need for handicap spots than what is allowed for in the statutes, and asked if the developer would be willing to add one more handicap spot by the two already by the Joanne's store, one more across from Joanne's, and two more across from Walgreen's, as those places would be the most likely to need additional spaces. Mr. Wherry said they would try to add as many handicap spaces as possible, but that currently there isn't but one space as surplus parking in the plans. Chair Katz next addressed the wetlands and mangroves directly south, and the two platted parcels further to the east, asking what would be the disposition of the one that the developer owns. Mr. Wherry explained the situation is complicated and a number of meetings with members of the community have already taken place. The developer does not have any intention of developing that piece of property, now or in the future. Mr. Rumpf stated that there are two proposed changes to the conditions of approval: Condition 23 is to clarify when two conditions need to be satisfied, and Condition 36 is to insert the property wording indicating that it will be complied with at time of permitting, explaining the history behind those two conditions. The applicant is fine with these conditions. Chair Katz opened the floor to public comment. • Mary Fallon, part-time resident, gave her history in working with various economic development agencies. Ms. Fallon stated she disapproves of the land use change to mixed use, that it negatively impacts the entire community. The 325 units on that property plus the height requirement up to 10 stories is unacceptable for the area. There is currently a traffic problem when the bridge is up on Woolbright. Also, this project has no real secure access for a fire truck is a fire hazard. Chair Katz ascertained that, as a condition of approval, the fire department had gone over everything and signed off on it. • Kristine de Haseth, Executive Director of Florida Coalition for Preservation, gave a prepared speech stating "none of us should be here," that the scheduling of the meeting is unacceptable for a community that claims to desire citizen input and transparency, as well as disrespectful, and that she hopes for stronger leadership and wiser decision making in the new year. • Harry Woodworth, President of INCA, spoke about building a massive building by any standards, that the density was barely achievable on the property before it was rezoned, and is puzzled by how this all came to pass. He had attended all of the CRA meetings and spoke against the development, stating that hundreds are against it in the surveys and at the 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 meetings. Only the CRA and the Commission seem to like it, and puzzled that the original plans didn't go through. Also that the amenity space is small for public events besides just walking along what with access and the parking problems. Mr. Woodworth also addressed traffic, suggesting that the studies include the bridge and the new railroad train coming through frequently in another year or so, and talking to the people who actually live there and use "the worst intersection in Boynton by far." Mr. Woodworth wondered if there are other exceptions to the engineering practices in Boynton Beach, and will this go forward knowing what the increased traffic will be. Chair Katz asked about the public promenade area, and Mr. Wherry showed where it is on the plans and that is primarily for the use of the residents, but would work with Parks & Recreation for suitable programming, such as small art shows. The original intent was to keep it as a private amenity for the residents. • Joan Gooley, local resident, spoke about her experiences with the bridge— that it goes up every 10 minutes, backing up the traffic so that people in her building can't get out. Ms. Gooley feels this building will bring more traffic to an already congested intersection, and when the bridge is up it will be impossible. Also, that the building is much too tall and much too big for that property, it should be kept commercial. • Mary Nagle, President Boynton Intercoastal Group, representing 2,500 residents and six communities of ages 55+, all living within a mile of the Riverwalk Project. Ms. Nagle gave background of the complexes her group represents, and their main issue is the height as well as the density. They thought this issue was over with a year ago. Now finding it is not yet over, Ms. Nagel is making a last ditch effort to hold the new build at 75 feet. Chair Katz clarified with Mr. Cherof that there is no voting on ordinances scheduled for this meeting. • Richard Difano, Director of High Pointe Condo Association, representing all five sections of High Pointe, is amazed that the Staff and this Board would devote as much time to a proposal where there is not a unity of title in the developer, or that there are any assurances that there will be. Mr. Difano stated that looking at the site plan it really is not a mixed use development, but a residential subdivision superimposed on a retail site. He also cited the traffic problem with the bridge and difficulties making left turns, and he agrees that this is not compatible with this area, unless kept at 75 feet. Chair Katz clarified that the City is not paying for the public promenade, that there is public access, but it would not be a public park. • Ed Bresnahan, resident, suggested the Board might ask how the morning traffic pattern would be affected, keeping in mind rising sea levels when the bridge is open even more than now, and what the projection is for 5 and 10 years; how Walgreen's lease will be impacted with the proposed parking on their roof, and who would be responsible; if the promenade is measured from the existing seawall; who will maintain the existing seawall. Mr. Bresnahan then went through his prepared remarks, which included ecological compatibility along with other comments already made by others. A request R Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 was made that the City initiate a study which identifies the fragile parts of the local environments and develop necessary compatibility and protection plans for all phases of the project. • Dr. Dan Decker, resident, PhD. Psychology, raised three specific concerns: regarding the mangrove parcel, would Isram be willing to place a conservation easement on that parcel that there would be no further development on that parcel; regarding driveway connections to Federal Highway, one of the two connections listed is an alley behind Walgreens that is 16 feet wide at its narrowest point, too narrow for two cars to pass safely, and often used by delivery trucks and garbage truck drivers leave dumpsters sticking out in the alley; regarding parking, the plan reduces the current number of parking spaces, and while that may not be an issue in the summer, Dr. Decker does not think there will be enough parking in the winter as it is already full on a Saturday night. • Edmund Cooprider, resident Sterling Village, agreed with everything already said. One of Sterling Village's big concerns is parking, everyone has a parking space and still has 5% overflow. The plans allow a single parking space for residents, but 30% of Sterling Village residents have two vehicles. Mr. Cooprider feels that an increase of 300+ cars cannot get out on Woolbright or Federal as easily as the traffic study claims. • Ron Sheldon, resident, related the number of boards he has served on, and currently is on the Board of Directors for Snug Harbor Gardens Condo Association. Speaking for himself, he stated that 300+ apartments will bring children to the school district, and he wonders how that increase will be handled. He also wonders why the height is 105 when it had been 75 feet for over a year, citing the 10% vacancy across the street at Las Ventanas and they have 500 units. The impact on the intercoastal waterway will be a problem, as well as traffic. His experience with land trusts is that it is a good for tax incentives. He agreed with most things said tonight and recommends not going forward with the project. • Margo Stalgamon, sworn in as arrived late, resident, commended the Board for really listening to the speakers. As a local resident who goes over the bridge several times a day, she is not against development and improvement of an area, but is concerned with the density and height and further effect on Woolbright traffic, in particular, the ability to vacate the barrier island during an emergency. The majority of the people in her condominium she has spoken to feels the same way. Chair Katz closed the floor to further public comments and called Mr. Wherry to respond. He grouped his comments by topic rather than individually, acknowledging and responding—at times in detail—to: • Concerns about traffic on the bridge and in general • Compatibility • Concerns about the environment • Traffic impacted by sea level rise 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 • A desire to see the height limit at 75 feet • Questions about the composition of the site in terms of ownership • Concerns that the project is not truly mixed use • Walgreen's position on sustainable parking contingency plan • The seawall and whose responsibility it is to maintain it. Chair Katz brought up the question about schools concurrency. Mr. Wherry stated the project was reviewed for school concurrency by Palm Beach County Schools, and a concurrency certificate was received that there is adequate school capacity to service the anticipated number of children that might come from this number of units. As to the question of how many cars per unit, the ratio used was 1.33 or 1.66 based on the number of bedrooms in the unit. Mr. Rosecrans asked about retail, if it was being removed and going straight residential with only one retail in the back. Mr. Wherry said there would be some retail in that building, the bakery may relocate to the east side of the Joanne's building. There have been discussions with all of those tenants, and the sushi and Thai restaurants are relocating nearby. Bond and Smolders will hopefully be accommodated. Mr. Palermo wondered about the construction phase, what timeline is estimated, and at any given time how many workers would be looking for parking places for their commercial and private vehicles. Mr. Wherry believes it will be a two-year project, and the applicant has had conversations with actual contractors. While no agreements have been entered into yet, they are sensitive to staging as it relates to construction disruption of any Walgreen's business. Some discussion followed regarding staging of materials and personnel. Chair Katz asked about the concern of the alleyway's width. Mr. Rumpf stated it is a one-way direction on the south side, so would not accommodate two vehicle lanes, it is a point of egress. Mr. Kelly clarified that the drive aisle is one-way, at the driveway point it can accommodate two lanes. Where people would be leaving is not from east going west, but there is a directional Walgreen's drive-through right there that exits right onto US1, and at that point is legitimately two-way right in/right out. However, it is one- way traffic east of there, where the drive aisle being referenced is. Chair Katz wondered about the question of the project in fact being mixed use, and if Staff was comfortable calling it so. Mr. Rumpf stated that there are two different kinds, vertical and horizontal, and the code does not say that it must be 100% pure vertical mixed use, it does allow for it, acknowledging that it may be a phase of this ultimate site. Additional discussion with Chair Katz, Mr. Rumpf and Mr. Cherof ensued regarding the height exemption and also the rights of the developer. Mr. Fischer and Mr. Rosecrans also added discussion about the FAR and mixed use. Chair Katz called for votes on the following items: Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 A.1. Riverwalk Plaza (LUAR 16-003) — Approve request for Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use Core (MX -C), and rezoning from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments, 51,220 square feet of commercial space and related improvements. Applicant: Shaul Rikman / Isram Riverwalk, LLC. Motion made by Mr. Wheeler, seconded by Mr. Podray, to approve LUAR 16-003. In a roll call vote, the motion passed 4-3, with Mr. Fischer, Mr. Palermo, and Mr. Zonenstein dissenting. A.2. Riverwalk Plaza (HTEX 16-002) — Approve request for Height Exception to allow the stair towers and decorative architectural features of the Riverwalk mixed use project to be constructed at 105 feet, 5 feet above the maximum allowable height of 100 feet in the MU -4 (Mixed Use -4) zoning district. Applicant: Shaul Rikman / Isram Riverwalk, LLC. Motion made by Mr. Wheeler, seconded by Mr. Podray, to approve HTEX 16-002. In a roll call vote, the motion passed 5-2, with Mr. Palermo and Mr. Zonenstein dissenting. A.3. Riverwalk Plaza (CDPA 16-002) — Approve request for Community Design Appeal of Chapter 2, Article II, Section 4.6.3 "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a building setback of 139 feet from Woolbright Road. Applicant: Shaul Rikman / Isram Riverwalk, LLC. Motion made by Mr. Rosecrans, seconded by Mr. Podray, to approve CDPA 16-002. In a roll call vote, the motion passed unanimously 7-0. A.4. Riverwalk Plaza (MSPM 16-006) — Approve request for Major Site Plan Modification of the Riverwalk Plaza shopping center to a mixed use development consisting of 326 apartments and 51,220 square feet of commercial space. Applicant: Shaul Rikman / Isram Riverwalk, LLC Motion made by Mr. Wheeler, seconded by Mr. Podray, to approve MSPM 16-006, with modified conditions. In a roll call vote, the motion passed 5-2, with Mr. Palermo and Mr. Zonenstein dissenting. Chair Katz called a five-minute recess, calling the meeting back to order with the next item on the Agenda. B.1. Moratorium on the processing of new applications for group homes within the City — Approve the establishment of a Moratorium for a period from December 6, 2016 to June 4, 2017 on the processing, approval, or issuance of any new certificates of use, business tax receipts, development orders or permits for group homes in the City. City initiated. 0 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 27, 2016 Mr. Rumpf presented the item, namely group homes within single-family home neighborhoods. There has been a high volume of applications for such homes within Boynton Beach, some of them concentrated with increased traffic on streets with limited access, such as cul de sacs, making matters more intense than with single-family homes. A recent report regulates uses eligible for protection of the FHA and ADA, reminding local governments of some of the things that can be done in terms of zoning integrity and regulating such uses which may have an exorbitant or excess impact upon services. This will require extra effort, study, and evaluation, thus the moratorium is being processed. The process starts with a Notice of Intent, conjoined with the term "zoning in progress." This in effect freezes or puts on hold regulations while they are being studied and evaluated. As a moratorium, an ordinance is adopted, it is announced to the public, note to public what standards or regulations or chapters of the LDR will receive attention, indicating possible outcomes, and in the process is brought before this Board as it may affect land development regulations. Some discussion followed regarding appropriate length of study time, certification process. A shift has occurred in the frequency of applications from substance abuse -related homes to senior homes. What is going before the Board now should minimize, if not eliminate, risk for legal fees. The group homes are single-family dwellings and are restricted to a maximum of six persons. These are not Type 3 or Type 4, larger group homes which are not residential in nature. Mr. Rumpf said, while not done often, this moratorium is a good opportunity to experience using this tool in reviewing zoning regulations. Motion made by Mr. Wheeler, seconded by Mr. Rosecrans, to approve. In a voice vote, the motion passed unanimously (7-0). 8. Other 8.A. Due to three fairly new members of the Board, Chair Katz called for nominations for Chair and Vice Chair for the upcoming year. • Mr. Podray nominated Mr. Katz for Chair and Ryan Wheeler for Vice Chair as they have the most experience on the Board. • Mr. Rosecrans nominated Mr. Katz for Chair and Kevin Fischer for Vice Chair in the interest of allowing others to gain leadership experience. • Mr. Wheeler nominated Mr. Katz for Chair and Kevin Fischer for Vice Chair. Motion made by Mr. Katz for the second nomination group for Mr. Katz as Chair and Mr. Fischer as Vice Chair. In a voice vote, the motion passed unanimously (7-0). 9. Comments by members — None 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 9:13 p.m. 10 Meeting Minutes Planning and Development Board Boynton each, Florida December 2, 2016 [Minutes prepared by M. Moore, Prototype, Inc.] 11