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Minutes 05-28-19MINUTES PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA TUESDAY, MAY 28, 2019, 6:30 P.M. PRESENT: David Katz, Chair Trevor Rosecrans, Vice Chair Butch Buoni Will Hatcher Chris Simon Floyd Zonenstein Golene Gordon, Alternate ABSENT: Malcolm Gropper Lucas Vogel, Alternate STAFF: Mike Rumpf, Director of Development James Cherof, City Attorney Rebecca Harvey, Sustainability Coordinator Christopher Roschek, Engineering Div. Manager Amanda Bassiely, Planner II Luis Bencosme, Planner I Lisa Tayar, Prototype, Inc. Chair Katz called the meeting to order at 6:32 p.m. 1. 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. 4. Approval of Minutes — None 5. Communications and Announcements: Report from Staff Ms. Bassiely stated the City Commission approved the Harbor Cay set of applications (site plan, master plan, rezoning, future land use) and the Taco Bell site plan and conditional use. City was contacted by Palm Beach County Code of Ethics Training; Board needs to submit acknowledgement forms. Chair Katz noted on the Taco Bell approval that this Board approved the project but not the conditional use. Then at the City Commission meeting City Attorney was asked by the Commissioners about the legality of conditional use, and answered that the City does not have "unbridled" conditional use. The question was, did the PDB do something wrong, or was the Board within their purview to deny conditional use. Mr. Cherof was not sure of the motivation of the Commissioners; the standard of the PRB is to conduct quasi-judicial hearings and make Meeting Minutes Planning and Development Board Page 2 May 28, 2019 recommendations. Chair Katz felt Mr. Cherof's comments steered the Commissioners toward worry of litigation because of the use of the phrase "unbridled discretion." Mr. Cherof said the Commission had already had their discussion at the time of his comments and were ready to vote; the PDB should listen for applicant's meeting of the Code criteria to have a project approved or not, then others can point out why there may be a deviation from the code. Right or wrong, specific conditions are up to the discretion of this Board. 6. Old Business — None 7. New Business A. Approve request for Conditional Use and Major Site Plan Modification (CODS 19-001 / MSPM 19-006) for 7 -Eleven, Inc., to allow redevelopment for a new 2,540 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements, on a 0.84 acre parcel located at 4798 N. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Grant Distel, 7 -Eleven, Inc. Josh Long, Gunster Law Firm Project Planner, gave a presentation, along with representatives of 7-11 and Keith & Associates, Engineers. An overview of 7-11's campaign to change business model and image world-wide was given. Highlights included an aerial view, site plan, existing conditions, proposed site plan, and elevations. Removing the existing car wash will improve the circulation, ingress and egress, eliminate parking area conflicts, stacking. These plans meet all architectural regulations and the applicant has agreed with Staff recommendations and conditions of approval. Mr. Simon asked if the station will remain Mobil gas; the answer was yes, 7-11 teams with Mobil and 7-11 owns the property. Mr. Rosecrans wondered if the fuel tanks would be moved; Shane Laakso, Certified Planner with Keith & Associates, said the tanks are being moved further north and out of the way so when the tanks are refueled it is out of the way of traffic. Mr. Zonenstein asked about the capacity of the tanks; Roger Posey, Creighton Development, said there will be two 20,000 gallon underground storage tanks. Chair Katz wondered about environmental mediation from demolishing/moving the tanks; Mr. Posey said their environmental company follows 7-11's policies which are more strict than the State's processes, an assessment is done and submitted to the State for closure. Mr. Rumpf added that there are certain aspects that are permitted locally, in conjunction with outside agency reviews. Chair Katz asked about the access off Hypoluxo which is often used as an entrance to the shopping center. Mr. Long said the City had identified that as a conflict and that access will be closed; the southern entrance will remain, but with the carwash removed, it will be an easier ingress. There were no comments from the floor. Meeting Minutes Planning and Development Board Page 3 May 28, 2019 Motion made by Mr. Rosecrans, seconded by Ms. Gordon, to approve request for Conditional Use and Major Site Plan Modification (CODS 19-001 / MSPM 19-006) for 7 -Eleven, Inc., to allow redevelopment for a new 2,540 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements, on a 0.84 acre parcel located at 4798 N. Congress Avenue, in the C-3 (Community Commercial) zoning district, subject to conditions of approval as laid out by the City. In a roll vote, the motion passed unanimously (7-0). Discussion: Chair Katz asked for clarification of conditional use; Mr. Bencosme said that gas stations require conditional use for a C-3 zoning, even if it is an existing gas station. B. Review the proposed Sustainable Development Standards Ms. Bassiely and Ms. Harvey gave an overview of the draft form of the standards, followed by a PowerPoint presentation by Ms. Harvey. This has been a collaboration between the Planning and Sustainability Departments, with the following highlights: • The City has been considering sustainability in planning since 2010 with the first Climate Action Plan. • Revision of Land Development Regulations (LDRs) as needed for policy and short-term land development decision making. • Govern the City by green or sustainable LDRs with different tiers of design criteria. • Reviewed other Florida cities' LDRs for framework. • Climate Action Plan integrates with other plans in the City (CRA's Community Redevelopment Plan). • Implementation Guide includes recommendation to review and amend the LDR. • Greenhouse Gas Emissions are inventoried and reported annually (data from 2017 was given). Currently revising the Climate Action Plan and setting new Greenhouse Gas Emissions targets. • Review of current standards: o Comparing Boynton Beach codes on sustainability to other cities. o Categorized current sustainable standards. o Green Building Program provides incentives to developers. o Establishes a green building fund to give back to community in form of rebates. • Tiered point system ranges from 15-25 points, setting threshold for development. • Certain City Projects are exempt (see presentation attached). • Initial four items required of all developers: o White roofs for flat designs. o Warm white LED outdoor lighting. o Landscape plan with minimum 5% butterfly -attracting shrubs and trees. o Level 2 charging station for electric vehicles servicing two parking spaces for every 50 dwelling units; one per every fifty feet non-residential development. • Required sustainability items, design options that can be chosen to utilize in specific projects to add up to point totals: o Energy. Meeting Minutes Planning and Development Board Page 4 May 28, 2019 o Recycling and waste reduction. o Water conservation and management. o Urban nature. o Transportation. Ms. Harvey closed stating it is felt this is the right approach for Boynton Beach with the broad array of sustainable options which can be made more stringent in the future as needed. Ms. Gordon asked if the incentives come from the City or State. The Green Building Program is separate; the requirements described above are required for all developments to meet these standards. Green Building Program over and above the City incentives. There is a fee already established for all construction permits with the money going into a community sustainability funds for rebates and grants. Mr. Simon needed further clarification. The best way to clarify City versus State is that the programs are separate, not built one upon another, specifically for certifying buildings. If the developer does not want to build green, there is still a small percentage fee (0.05% since 2011) of the total construction value paid into the fund; however, the energy efficiency program and other grants encourage builders to want to certify their buildings, hence the point thresholds being discussed tonight. Ms. Bassiely added that the Green Building Program is already in place, that there is a current fee on all permits which funds the Green Building Program. It is an optional program, but what is being discussed is not that. Sustainable Development Standards are required of all develops except those that are expressly exempt. Based on the type of development, it is required to hit a certain number of points within the menu items of points. • Mr. Simon had several additional questions and suggestions: o There was no mention of native plant material in the menu. Ms. Bassieley said it is already within the Codes, an attempt was made to specify items not already required by Code, which says "native or water -wise plants." o Re: renewable energy, with solar panels, is the excess returned to power grid? By default, any property owner who builds a system larger than needed, the excess goes back to the grid per FPL/State policy. o Day lighting, such as sky lights. May be in draft, Ms. Harvey will check on it. o Suggested solar panels on parking garages. o Would like to see a larger green wall square footage on certain buildings. Ms. Bassiely said it is hard when creating menu options, which is why there is a tier system for features such as this which would garner extra points. Discussion of scenarios followed. Cost effectiveness is an issue as such walls require irrigation and care, so are often treated as an artful feature. Smaller walls were considered. • Mr. Rosecrans wondered if it might be a little too easy to obtain 15-25 points. Ms. Bassiely related that several iterations of previous projects were studied and none of the met the minimums, so the points systems was gauged to start low, making it possible to revisit the criteria and revise upwards as needed (add options with different points or up the required Meeting Minutes Planning and Development Board Page 5 May 28, 2019 points necessary). The system appears to be flexible and will work for the needs to the different developers, so repetitive design should not be an issue. Many things are already required by code (bike facilities, etc.), so things like canopy trees or something not in the code are on the menu. There are no green roofs in Boynton Beach; some in South Florida, perhaps, but there is the hurricane issues to consider. Discussion followed of local examples of green roofs. Finally, if developers were consulted during the drafting of these Standards; Ms. Bassiely said no, not proactively, but there have been discussions since the draft was written. • Mr. Simon wondered if there were recent developers who opted not to participate. Ms. Bassiely said not recently, when looking at past -approved projects the current point system was applied to them to get an idea where developments were coming based on this point system. The methods used were then discussed. As to the associated costs for these menu items, are the more expense features awarded higher valued points; Ms. Bassiely said items vary drastically in costs, so different tiers of costs can be figured in. Also, to be considered could be requiring lower-cost items and have options for higher cost items. • Chair Katz had several points to make: o Would like to see equal treatment of vehicles charging stations to handicap parking spots. While it has nothing to do with sustainability, would like to see that both receive appropriate consideration. o Once codified, will these Standard affect projects already in progress? Ms. Bassiely said no, once approved the standards would be applied going forward with new projects. Chair Katz clarified that all the construction going on, Town Square included, would not be affected and that would be a mistake to not hold the City's construction to these standards. Ms. Bassiely said there is a requirement in the Green Building Program that City buildings be built to the standards of the National or Statewide green building rating system, and certification of the City -owned properties and Town Square will be Green Grown Certified (a slightly different standard, but still accountable). o Would like to know more about skylights, where they would come into play and why. Ms. Bassiely said this is more for commercial projects, such as malls, larger buildings that can be offset by natural daylight. o Recycling requirements for restaurants (straws and plastic items) are in effect, but why not require restaurants to recycle other items like beer cans. Ms. Harvey said there is another program, Green Business Recognition Program, for restaurants which requires participation via a menu of items that can be chosen to suit the particular business. Rewards are good press, marketing, press releases, window decals, etc. However, these are more operational standards, not really geared towards development. o Regarding plants and trees, could the City initiate some kind of program with HOAs and others to plant shade trees in wide open areas like meadows and large swale areas? Ms. Harvey said the issue is being addressed through multiple programs, this being one of them, to include canopy trees in new developments. The Green Business Program will plant trees on private property to get qualifying points. Partnering is encouraged to give away free plantings and trees to private residents. The Climate Action Plan is being revised, and one of those sections is Urban Meeting Minutes Planning and Development Board Page 6 May 28, 2019 Forestry, strategies and priority actions for addressing tree canopies are being considered. Ms. Harvey will look into the role of trees in swales, there is room for education on that issue, and it is being considered. As far as unplanted public areas like existing parking lots, Ms. Harvey is looking to develop a full, City-wide assessment of the urban tree canopy to identify those areas, map them, and target priorities. o Wondered why the sustainability fee less than the Art in Public Places fee? Suggestion was that perhaps there is something to be done to encourage elected officials to look at the sustainability fee and at least make it equal to the art fee. Chair Katz opened the meeting for public comments. • Susan Oyer, 140 SE 27th Way, who sits on the Sustainability Action Team, had several comments: o How to address small business owners, do they have to do the same things as corporate giants, do they have to hire landscape architects as some requirements could be cost prohibitive. Could it be do-it-yourself? Ms. Bassiely said the applicability section states that this does not apply to anything under 5,000 square feet; if above that, there are lower thresholds depending on the size of the lot, so a tier system has been built in to address affordability with landscaping. Some discussion followed on requirements for landscape approval. o Perhaps a slightly higher point value could be assigned for some items, such as the green wall feature, giving more points if the size of the wall is increased in some way. Discussion followed on how the point system works and that there is always room for improvement. o Will re -roofs count in these standards, as new insurance codes demand re -roofing every 15 years, houses every 20 years. Ms. Bassiely said in the applicability section, re -roofs are not included. o The CRA used to help pay for paint jobs, do they still? Ms. Bassiely said there are grants that help with that. To which Ms. Oyer suggested perhaps CRA should be in on this because of the white roofs, buildings, highly reflective paints, to incorporate into their grants. The floor was closed to public comments. • Mr. Simon stated that water and electric conservation are large items to consider, and it would be beneficial to up the points on those menu items to encourage conservation. Based on cost, consumption of electricity and water really must be taken into consideration. Ms. Bassiely said it could be revised before going to City Commission for more emphasis on that section. • Mr. Rosecrans wondered what the timeline is going forward to implementation. Ms. Bassiely said it is ready to go before City Commission once suggestions are incorporated and returned to this Board for a motion to approve, or the draft can be brought back next month. Meeting Minutes Planning and Development Board Page 7 May 28, 2019 Consensus of this Board is to see a final draft before going to the City Commission. Ms. Bassiely will go over the comments and take any additional suggestions to revise the draft for the next meeting. Chair Katz said it is acceptable to have a special meeting to go over the new draft in order to get these Standards before the Commission sooner. C. Standards, Article I, Environmental Protection Standards, Section 4, Standards, to create regulations requiring proper application of fertilizer to protect water bodies, and amendments to Chapter 1, Article II, Definitions, to add corresponding definitions. Applicant: City -initiated. Chris Roschek gave a PowerPoint presentation and led discussion on over -fertilizing and ways to maximize efficiency of fertilizers being used. • There are regulatory drivers for adopting the ordinance, the Clean Water Act, the Florida Impaired Waters Rule, EPA, Florida Statutes requiring local governments located within watersheds of impaired bodies to adopt the Florida Friendly Fertilizer Ordinance. • Background was given on the procedures in use and changes to be made to the Ordinance. • Suggested amendments include prohibitions, fertilizer -free zones, and licensing of commercial applications. (This would apply to commercial applicators and not impair or affect any of the existing contracts the City has.) • Exemptions under the Ordinance would be any properties that are bona fide farm operations. Other properties would include pastures used for grazing livestock and lands used for scientific research. • Enforcement will be difficult, especially for private homeowners. The primary driver would be education, including door hangers, inserts in utility bills, public meetings and other outreach opportunities. • Informative website: stormwaterandme.org • Education of contractors. • Provision of ordinance will be a means of enforcement through the Community Standards Board. • The EDP is driving this program; it is fine if the City does not adopt the ordinance, but it is County- and State-wide. • Nonetheless, there is a stiff fine if not adopted, so Staff recommends adoption. Mr. Buoni noted that the Ordinance actually says, "any applicator," which means every person that falls under any of the categories near the water. Enforcement will be a problem and could become a quagmire. Mr. Roschek agreed, it is difficult to enforce as most of the residential work is done over the weekends when Code Enforcement is not available. The education side is being stressed more than the enforcement side at this time. Mr. Simon addressed the use of organic/natural fertilizer and wondered if the City is prepared to partner with local large -box stores to incentivize the sale of organic/natural fertilizers. Contractors also buy from the large -box stores, using the chemicals that are otherwise banned to commercial contractors. How can the State regulate and are the City grounds crews not covered? Mr. Roschek Meeting Minutes Planning and Development Board Page 8 May 28, 2019 said the parks grounds and different facilities will be brought into compliance when contracts are renewed. Chair Katz asked about the "drop dead date" for adoption of the Ordinance. Mr. Roschek said the end of the fiscal year, or September 30'h. Chair Katz suggested it is best to educate rather than enforce. Motion made by Mr. Simon, seconded by Mr. Zonenstein, to approve the Standards, Article I, Environmental Protection Standards, Section 4, Standards, to create regulations requiring proper application of fertilizer to protect water bodies, and amendments to Chapter 1, Article II, Definitions, to add corresponding definitions. In a voice vote, the motion passed unanimously (7-0). D. Approve proposed code language implementing CRA Plan -Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article IL Definitions, Article III. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays. Applicant: City -initiated. Ms. Bassiely explained the scope of the amendments are five -fold, the first two are to create overlay districts over Boynton Beach Blvd. and the Cultural District; the third is to update the MLK overlay (which already exists); the fourth and fifth are clean-up items, adding some definitions used in the overlays that currently do not exist in the Code, and to be consistent with the CRA plan. The overlay districts and proposed standards were described on the zoning map and discussed. Mr. Simon wondered about the reduction of setbacks. Ms. Bassiely said there is not actually a reduction in setbacks; these are the build -to lines in mixed used districts, and described using the diagram. A pedestrian zone will have to be factored into the plans, which will create an image of a larger set -back. Mr. Simon asked about the overlay for the Cultural District boundary areas, the district encompasses quite a lot of residential properties; is there an intent to eventually develop that. Ms. Bassiely said yes, the District is quite small and more than two-thirds is already under development; only the center parcels are left for redevelopment. Mr. Rosecrans asked about usable open space definition. Ms. Bassiely read from the proposed regulation and the language is on one of the slides (see attachment), explaining active uses: Active or passive spaces designed as public spaces or purposes for gatherings, socialization such as plazas, public plazas, gardens, dining, and/or private spaces for the primary use of residents, occupants of the property. This would include private amenity space that is usable open space, open green areas, plazas on urban corners, etc. Some districts have specific requirements; some of the space could be used for sustainable points, but will have to do both. Permeable requirements are already in the Code, but only in certain zoning districts (not in mixed-use). Meeting Minutes Planning and Development Board Page 9 May 28, 2019 Motion made by Ms. Gordon, seconded by Mr. Zonenstein, to approve proposed code language implementing CRA Plan -Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article IL Definitions, Article III. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays. In a voice vote, the motion passed unanimously (7-0). 8. Other — none. 9. Comments by Members Chair Katz thanked the press for attending (Sun Sentinel reporter). Also, Chair Katz has attended three of the planning seminars and found a glossary of planning related terms; a copy of the 15 - page glossary can be made through requests to Staff. 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 8:15 p.m. Attachments: PowerPoint Presentation 7 -Eleven, Inc., PowerPoint Presentation PowerPoint Presentation PowerPoint Presentation Group 4 [Minutes prepared by M. Moore, Prototype, Inc.] Conditional Use and Major Site Plan Modification for Proposed Sustainable Development Standards Environmental Protection Standards (Fertilizers) Proposed code language implementing CRA Plan -