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Minutes 07-25-17MINUTES OF THE PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, ON TUESDAY, JULY 25, 2017, AT 6:30 P.M. PRESENT: David Katz, Chair Kevin Fischer, Vice Chair Susan Oyer, Alternate Andrew Podray Trevor Rosecrans Ryan Wheeler Floyd Zonenstein ABSENT: Stephen Palermo Nicholas Skarecki, Alternate STAFF: MEETING FLORIDA Mike Rumpf, Planning & Zoning Director Hannah Matras, Senior Planner Andrew Mack, Director of Development James Cherof, City Attorney Lisa Edmondson, Prototype, Recorder 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 Upon Motion duly made and seconded, the Agenda was approved. In a voice vote, the motion passed unanimously (7-0). 4. Approval of Minutes from June 27, 2017, meeting Motion made by Mr. Wheeler, seconded by Mr. Zonenstein, to approve the June 27, 2017, minutes. In a voice vote, the motion passed unanimously (7-0). 5. Communications and Announcements: Report from Staff Mr. Rumpf reported that there was only one City Commission meeting in July, and Boynton Village and Town Center Master Plan and Site Plan were approved with Board conditions. Group Homes and Parking Amendment items were approved on second reading and are now in effect. Also, for amendments to the Conference Plan and Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 Future Land Use Elements, text amendments were processed for goals, objectives, and policies, mostly updating per the CRA Plan. Other items of business: • Promotion of public meetings scheduled for the Town Square project (Item 7.A.1. below), the City is engaging in a public/private partnership development team as part of the process of the design stage. (Flyer handed out for public workshops.) • Every three years the City is required to undergo ethics training; package was provided for online training. 6. Old Business Ms. Oyer had additional information on LED streetlights as mentioned in the last meeting; CNN article printouts given to Board. 7. New Business A.1. Town Square (LUAR 17-005) — Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. Applicant: City -initiated. Ms. Matras presented the location map for the project, which includes the entire civic campus plus one private property occupied by a condominium. The action was initiated by City Staff, in preparation for development of the civic campus, proposed as a partnership between City CRA and a private development team. There is no formal Master Plan application for the project that usually accompanies private zoning applications. As the site exceeds ten acres, once approved by the City Commission, it must go for State review, which may take six weeks. The proposed classification is Mixed -Use Medium, which is the new future land use category. Actions require completion of amendments to the Comprehensive Plan, and also amendments to the Land Development Regulations. The site is split between two CRA districts, the cultural district and the Boynton Beach Blvd. district. Ms. Matras explained the current and proposed zoning designations. The regulatory framework for the requested classification for the zoning district has not yet been updated, as it goes to the State for completion of the review, after which it will require 31 days before the amendment is in effect. Land development regulations are being drafted, and approval is anticipated September 19tH Chair Katz opened the floor for public comments: • Mike Fitzpatrick had several questions - 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 o Is mixed use maximum 50 units per acre? Ms. Matras stated maximum zoning density is 50 units per acre, but because this is in the transitory and development districts an additional 25% is allowed, or 63 units per acre. o What about greenspace/park standards? Mr. Rumpf explained the park impact fee is based upon type of unit, total units, and then implemented into park services or facilities in the City, not as an isolated piece; however, it could be taken into consideration later. This is done at construction stage, as part of the permit process. o Regarding the Bert Harris Law, rezoning upward is a gift to the owner, but if downzoning, the owner must be compensated for the loss. Mr. Rumpf said that is a simplified view, that the law is based on taking all useful value of the property into consideration, and went on to explain the law. o Discussion followed on future interpretations of the Master Plan, returning to the fact that this is a CRA plan, which can be amended, and a part of a partnership program. The Master Plan will be open to public review as part of a workshop series. • Barbara Ready wondered what MPO had to say about the train station that is supposed to handle the increase in density? Mr. Rumpf commented that Boynton Beach is building for a future that will support an eastern commute along the southeast Florida coast, and this is the proper way to plan for growth, even up to 15 years ahead. Discussion followed regarding planning for the inevitable growth of the area, as well has building height limits along Ocean Avenue and greenspace ratio in the comprehensive plan. Ms. Ready registered opposition to any increase in density. Chair Katz closed the floor to public comments, and asked for Board input. Ms. Oyer had several issues to address: • Presented information from Tri -Rail Coastal Link MPO (December 2016), along with information from emails from former Commissioner Fitzpatrick to Palm Beach County MPO answering questions about timeline, expressing concerns over the 25 -year timeline and the cost in light of other budgetary demands such as pensions, etc. • Questions about traffic and roundabouts to handle expected density. Chair Katz stated that is a Master Plan issue, not ready to address that issue yet. • Land use pattern states it is part of the public welfare, yet public doesn't seem to want it; why is it being done before public input meetings? o Mr. Rumpf stated this is an implementation of a CRA plan, more detail is needed, and additional steps will be taken for public involvement, in addition to workshops. • Availability of public services and infrastructure, in particular traffic and schools. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 o Ms. Matras stated this is part of the Master Plan, and the Palm Beach County School District will address the issue at that time. • Two stories on Ocean Avenue can potentially be higher, had many questions on this right next to the Children's Museum. o Mr. Rumpf explained the stages of addressing the Master Plan changes, including overlay regulations; Staff currently working to maintain development scheme as consistently as possible. • Protection of historic buildings such as Old High School and Children's Museum. o Mr. Rumpf said the intention is to preserve the buildings, national and local registries are in place, as well as other criteria. Provisions are in writing. • Commercial and industrial land supply. o Ms. Matras said mixed-use zoning includes commercial uses where none were before. Mr. Fischer had issues with incorporating historical buildings (such as the Old High School) into Future Land Use map to assure another level of protection for these buildings. Ms. Matras said there is a map for historically designated properties. Mr. Wheeler wondered what happens if the Land Use Change goes through and then the Town Square Project agreements can't be made. Mr. Rumpf said it will lay the groundwork for some future partnership and the City is still interested in implementing this aspect of the CRA Plan, realizing the value of the land and efficient development. Chair Katz addressed several issues: • Buildings to be saved — Old High School, Children's Museum, Library, Kids Kingdom, Amphitheater — some will be saved in place, others may be relocated to a Civic Square Plaza/public space as shown on the conceptual plan. Wants to make sure these parcels are not torn down, carved up, and rezoned. • Process for school concurrency, Ms. Matras stated the school concurrency process has been changed, now called School Capacity Determination, and a developer has to apply in order for the School District to voice an opinion. • Two stories on Ocean Avenue, when was this agreed to? Mr. Rumpf explained the design standards, general maximum height at street (build -to line/pedestrian zone) is 35 feet; set back farther can go up higher with remainder of building. Two stories equal about 35 feet. Mr. Rumpf explained the project by looking at it as not under public ownership, but as a privately -owned endeavor, in terms of density (gross density minus public roads), varying land uses combined into a whole, to determine development thresholds. Then it is no different than City being the developer. Master Plan process will address conservation of the historic buildings, which is a common tool to set groundwork in place for property to be developed in future, consistent with Master Plan and CRA plan, joining adjacent properties to avoid being used inconsistently with the vision/plan. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 Chair Katz reopened floor to public comments: • Dana Kaufman asked for assistance reading the map, wanting to know where her personal property is in relation to the subject amendment. Mr. Rumpf said NW Seacrest and NW 1St are due west of the Town Square Project, and that the radius as given was for public notification purposes. There is no current plan to convert NW 1St, and Ms. Kaufman was encouraged to learn more about the Boynton Beach Blvd. District and CRA's plans for that corridor. Chair Katz closed floor to public comments and asked for motion on Item A.1. Motion made by Mr. Podray, seconded by Mr. Zonenstein, to approve LUAR 17-005 as is. In a roll call vote, the motion failed (2-5) with Chair Katz, Mr. Fischer, Ms. Oyer, Mr. Rosecrans, and Mr. Wheeler dissenting. Discussion: Chair Katz stated he would vote no because of discomfort over the items mentioned above. B.1. Workforce Housing (CDRV 17-004) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to modify definitions that regulate the Workforce Housing Program, and Chapter 1, Article V, Section 2, Workforce Housing Program, to convert mandatory inclusionary zoning program to a voluntary density and height bonus program. Applicant: City -initiated. Mr. Mack gave background on the amendments to the Land Development Regulations. Staff has addressed the matter at a public workshop on April 19th and the June 6th City Commission meeting for draft changes. A combination of those changes is now before this Board, with an additional height bonus previously not included. A presentation on short term and long term (future) objectives followed, updating data from 2007, to encourage workforce housing. Key changes are conversion from mandatory to voluntary program, incentives, utilizing density bonus (DTODD), height bonus, adjusting set-aside percentages, adding in lieu fee option for rental projections, and adjustment to duration of restrictive covenants. Chair Katz opened the floor to public comments: • Mike Fitzpatrick wondered what the parameters are for workforce housing. Mr. Mack said it is based on income levels, anything 80% or below average median income is low income, 80%-120% of average median income is workforce which would qualify for this program. Examples and explanations of calculations for this program followed. Palm Beach County's average median income is $68,000, so compared to neighboring communities, there is a $19,000 to $20,000 difference between Boynton Beach's average median income and the County's. Averaging out resales with condos, there is quite a bit of product still Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 available that would qualify for workforce housing. Ms. Matras explained that there isn't data for how many housing units are available for sale at any time for workforce housing, and sales data is also limited; however, rental market rates are high for what an average city resident can afford. When asked how the Boynton Beach program would compare with other communities in the county, Mr. Mack said one size does not fit all; the County program is geared toward mandatory compliance, Boynton's will be voluntary with a narrow target area. Chair Katz closed the floor to public comments, and asked for Board input. Mr. Fischer wondered about the existing 25% density bonus. Mr. Mack said if the density bonus is requested, it would be mandated to require that workforce housing be put in at 10% of the total units. Ms. Oyer had several issues: • With the story increase, especially when adjacent to historical buildings, such as the Children's Museum. Mr. Mack explained that the change does not mandate where the buildings have to go, it allows the additional two stories in the height and would be dealt with in the Master Plan process. Mr. Mack further stated that the Commission approved the contract based on the concept drawing, which is the Master Plan currently before the public. Public workshops are vetting that plan, as well as more public input before this Board and two readings at the Commission. Staff is still working with developer to make changes to better the plan. • Compatibility issues are not concerning the whole City, just the area in question. In future, there may be other density bonuses City-wide. • Not charging enough for payment in lieu, should be promoting workforce housing and it should not be so cheap to get out of doing it. Mr. Mack stated there is a balance; if it is too high, interest could be lost, as it is a voluntary program. • Keep in mind many older condos are age restricted and would not be available to younger people. Mr. Podray recommended that this Board not think of the workforce housing mandate as only a feel -good concept, and explained the workforce housing concept in adjoining cities. Speaking as a developer, Mr. Podray contended that offering cheap housing product penalizes the people it is supposed to help, and gave several examples to support that position. A suggested message to the Commission should be this does not benefit the poor, this does not benefit the City from a tax base, and does not help the developer. If this item is passed, a secondary option is on pages 32 and 39, to go over the bypass, that is, where developers can pay the City a fine to develop these units and not provide workforce housing, that the fine be reduced to nothing so the workforce housing can be kept, but with the zero fine developers can still make money, the "right" people are attracted to the downtown core, and property values are raised across the City. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 Chair Katz apologized to Staff for the Board tearing their hard work to shreds, as Staff got direction from the City Commission for this project and have worked hard on it, but this is part of the process. Chair Katz has felt it is onerous for a governmental agency to put upon the developer the need for workforce housing. However, this item is for the change from mandatory to voluntary. In considering going from a 30- to 15 -year covenant, it could be a lot shorter, perhaps five years. Chair Katz agreed with Mr. Podray's assessment for the most part. Mr. Mack said one developer is doing micro- units that are targeted to millennials, reducing the value/cost by way of smaller units, which makes incentives attractive to developers to still meet profit margins. This project is somewhere in the middle, and it works; Mr. Mack would recommend it to the Commission. Ms. Matras added that with inclusionary zoning programs in other cities, some worked better than others. Thirty years is standard for workforce housing, and five years doesn't make sense to have housing stock that is renewable and stays affordable. Mr. Mack explained deed restrictions, that typically an owner stays in a residence for seven years, so 15 years would be two generations of a housing cycle. An alternative could be looking at surety or other ways without putting a deed restriction. Mr. Podray suggested that a five-year mandate would cause a frenzy of people trying to buy units at, say, $150,000 to wait out the five years and flip them for $400,000; the best way to approach this would be to take the payment in lieu and reduce it by 90%. The City would pick up extra tax dollars, the developers would not build affordable housing, ultimately increasing the value of the current affordable housing, for a win across the board. Motion made by Mr. Fischer, seconded by Mr. Rosecrans, to approve CDRV 17-004 with condition that Footnote 16, Chapter 3, Article 3, Table E be amended to reflect that the density bonus is contingent upon the Workforce Housing Program. In a roll call vote, the motion passed (5-2) with Mr. Podray and Mr. Wheeler dissenting. Discussion: Chair Katz stated he would vote for this because Staff did a lot of work and there would be further discussions by others who will take this Board's concerns into consideration. 8. Other — None 9. Comments by Members — None 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 8:03 p.m. Attachments: Flyer for public workshops on Town Square Project CNN Article re: LED Streetlights 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 Tri -Rail Coastal Link MPO (December 2016) Emails from former Commissioner Fitzpatrick to Palm Beach County MPO [Minutes prepared by M. Moore, Prototype, Inc.] 0