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Minutes 12-09-19 DRAFT MINUTES a PLANNING AND DEVELOPMENT BOARD »� COMMISSION CHAMBERS, CITY HALL INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA MONDAY, DECEMBER 9, 2019, 6:30 P.M. PRESENT: STAFF: Trevor Rosecrans, Acting Chair Ed Breese, Principal & Zoning Administrator Butch Buoni Ian Singer, City Attorney Dr. James DeVoursney Hanna Matras, Planner Tim Litsch Amanda Bassiely, Planner II Susan Oyer Lisa Tayar, Prototype, Inc. Jay Sobel, Alternate ABSENT: Darren Allen Chris Simon Lyman Phillips, Alternate Acting Chair Rosecrans 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 amended agenda was approved. Mr. Rosecrans and Ms. Oyer recognized Chair Katz for his years of service, having never seen better-run meetings and institutional knowledge by someone with the City's best interests truly at heart. Motion was made by Ms. Oyer and seconded by Mr. Buoni to add the election of the Chair and Vice Chair to the Agenda. In a voice vote,the motion passed unanimously (6-0). 4. Approval of Minutes —September 24, 2019 Motion was made by Ms. Oyer and seconded by Mr. Litsch to accept the September 24, 2019, minutes. In a voice vote, the motion passed unanimously (6-0). 5. Communications and Announcements: Report from Staff Mr. Breese gave an update on the items from the September meeting: City Commission approved the OFC office building as well as the Bird Land Use and Rezoning request. Mr.Breese introduced Meeting Minutes Planning and Development Board Page 2 December 9, 2019 the new Board Members, Dr. DeVoursney, Mr. Allen, Ms. Oyer, with Mr. Phillips and Mr. Sobel as alternates. Mr. Singer noted that as long as there is consensus from the Board to elect the Chair and Vice Chair at this meeting, the City Attorney's Office has no objection. 6. Old Business —None 7. New Business 7.A. Approve request for Boynton Beach Mall Rezoning from C-3, Community Commercial to SMU, Suburban Mixed Use. —Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP Ms. Miskel gave a combined presentation for the rezoning and master plan. The PowerPoint presentation (attached) included an aerial view of the adjacent properties and the principal uses. Over the years, the retail market as declined to a 30% vacancy in the mall. A rezoning to Suburban Mixed Use (SMU) is proposed in accordance with the Mixed Use Low approved earlier in the year. The Master Plan recommended is as follows: • Multi-family residential, a maximum of 1,420 units. One or two hotels, maximum 400 rooms. Shopping Center uses, plus or minus 628,622 square feet. • Existing church, 122,730 square feet. • Existing fitness center, 19,883 square feet. • High turn-over restaurants, mostly additional. • Fast food restaurant. General Office. • Medical Office. • Existing movie theater. Open space increased to 23.27 acres total, increased by 6.7 acres. As mentioned on April 16, 2019, the City Commission approved Ordinance 19-004 amending the mall's future land use designation from an expired DRI category to the Mixed Use Low category to allow vibrant redevelopment of the property. The City acknowledged in the Map Amendment Staff Report that the proposed SMU category is the sole zoning district appropriate for the Mixed Use Low category. Next discussed was the vehicular and pedestrian access which allows for a main street in the new grid property layout. There will be a better distribution of traffic throughout the site. The presentation closed with a proposed phasing plan and planned color palette and landscaping. Vice Chair Rosecrans opened the floor to public comment; hearing none, the floor was closed to public comment. Mr. Sobel asked if the parking spaces would be decreased by virtue of this project. Ms. Miskel was not sure if there will be a decreased, but it will be related to the specific uses in the Master Plan. Of concern was a lost of spaces related to the movie theater; the intent of the plan is that there will be both surface and structured parking garages throughout the site;parking requirements Meeting Minutes Planning and Development Board Page 3 December 9, 2019 for individual proposed projects will be med. Current theater parking will not be removed until there is other parking available. Dr. DeVoursney wondered about future height restrictions in Phase 2. The overall height meets the standards of SMU, ranging depending on the phase from 55 feet to 75 feet. As to Phase 2,that is up to 75 feet. Future variations were briefly discussed. Mr. Buoni asked, with the projected build out of the dwelling units, what impact there would be on the schools. Ms. Miskel said the process requires review by the school board, which is evaluated through concurrency application program. In some instances there will be some mitigation requirements,but preliminary analysis does not indicate a problem. Also,the City Staff will require that the developers meet radii and other standards for school bus traffic. Mr. Litsch had questions about the proposed pedestrian circulation. Ms. Miskel said there will be traditional sidewalks along with grassy areas; in some instances they will be oversized. Ms. Oyer had several questions on the following, answered by Ms. Miskel: • Dog park. There are a number of open spaces where it could be incorporated; residential elements can plan their own. As to specific future users, acreage can be provided for amenities options. A brief discussion on setting examples during the first phase followed. • Green spaces on west side, current nearby residents will appreciate the buffer, parks, or passive green space. There will be a preserve on the northwest corner; open spaces are flexible; and the goal is to create for the most flexibility. • Green code changes, pushing canopy trees over palm trees, and keeping royal poincianas. The royal poincianas will be supplemented. Ms. Oyer suggested wrapping the palm trees with lights at the entrance to draw attention. Ms. Miskel said there will be canopy trees throughout the site. • Solar or climate mitigation. Nothing has been decided at that level of planning. Mr. Rosecrans also had several questions on: • Traffic concurrency. Ms. Miskel replied that this has been submitted for Palm Beach County sign-off on the Master Plan, still awaiting response. It is realized that comments from the public will most likely be about traffic. • Clean up of pine woods in the northwest corner, possibly cleaned up and used as active open space. Ms. Miskel thought probably not as active open space as it has long been a preserve. Ms. Oyer thought it should be left in as natural a state as possible as so little is left in the City, especially to attract and accommodate nesting bald eagles. • Impervious area decrease applauded. Are there any plans for any of the lakes? Ms. Miskel said this can be taken into consideration when that phase comes. Motion made by Ms. Oyer, seconded by Mr. Buoni, to approve request for Boynton Beach Mall Rezoning from C-3, Community Commercial to SMU, Suburban Mixed Use. In a voice vote,the motion passed unanimously (6-0). Meeting Minutes Planning and Development Board Page 4 December 9, 2019 7.13. Approval of the Master Plan Modification(MPMD 19-004)for the Boynton Beach Mall allowing for the phased conversion to a mixed use or lifestyle center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. Motion made by Ms. Oyer, seconded by Mr. Buoni, to approve the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or lifestyle center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater,fitness center and church uses. In a voice vote,the motion passed unanimously (6-0). 7.C. Approve revisions to the Workforce Housing Program(CDRV 19-008)-Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administra- tion, Article IL Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant: City initiated. Ms. Oyer stated she had a conflict of interest on this item and asked to be recused. Mr. Singer stated Ms. Oyer's conflict paperwork will be submitted to the City Clerk and made a part of the public record for the meeting. Ms. Matras gave a presentation on the first set of revisions to the Workforce Housing ordinance. The current version was approved in September 2017 when the mandatory inclusion zoning ordinance was changed. Ms. Matras explained how this process has been handled to date. There has been limited interest in the program for a variety of reasons, mostly the workforce housing being limited to the downtown TOD district. Therefore it was decided to geographically expand it to other mixed use designations throughout the City. Other minor revisions include changing the source of income data, developer fees, number of units, median income and earnings. The last study was in 2006; now considered are 2019 second quarter sales and new construction data from 2016. In addition, the rental market reflecting the average rent in 2019 along with the vacancy rate, cost-burdened renters, and affordable unit shortages are being figured in. Proposed changes are extension of the program citywide; increase of fee in lieu; switch to HUD AMI to ACS data for eligibility. Dr. DeVoursney asked if the City currently builds affordable housing for qualified renters based on household median income. Ms. Matras said the CRA has been active in this and there have been a couple of projects approved, i.e., Ocean Breeze East and Ocean Breeze West. Dr. DeVoursney's concern is that the change of criteria to the AMI may affect folks from the Heart of Boynton workforce housing may not be able to afford it. Ms. Matras said that under HUD, household income is between $45,000-$90,000. Under Boynton Beach American Community Survey, current qualifying income goes to $60,000, rather than $90,000. The Board can recommend that these numbers be reviewed to address problems utilizing numbers from different programs. Mr. Sobel asked if the expectation is to increase the availability of affordable housing in Boynton Beach. Ms. Matras says this is a difficult question as developers are more likely to pay rather than Meeting Minutes Planning and Development Board Page 5 December 9, 2019 build. But passing this item will make affordable housing more available. Mr. Sobel also asked what the impact of this will be on the school system as to capacity. Ms. Matras said there is not enough concurrency for schools; rather, there is something called school capacity viability determination. It is difficult to determine the relationship of income and the number of children. A brief discussion on the taxable real estate base followed as related to apartment value does not have as much impact on tax revenue. Ms. Bassiely added that as projects are approved, they will still need to go through site plan and will require school approval; capacity will then be addressed on a project by project basis. There is an impact fee if it is determined the school has low capacity. Mr. Buoni ascertained that this item will not affect existing structures greatly. Also,to Mr. Singer, Mr. Buoni asked if should abstain voting as he is on the board of directors of a condominium building in the middle of the CRA. Mr. Singer gave reasoning that Mr. Buoni should abstain; also a conflict form should be filed with the City Clerk as part of the record. Motion made by Mr. Litsch, seconded by Dr. DeVoursney, to approve revisions to the Workforce Housing Program (CDRV 19-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article IL Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. In a voice vote, the motion passed unanimously (4-0) with Ms. Oyer and Mr. Buoni abstaining. Discussion: Dr. DeVoursney asked for additional information on people whose current household median income qualifies now for workforce housing as opposed to the county median income to qualify for workforce housing. Ms. Matras said the impact is difficult to calculate, but the Board may suggest to the Commission that the ordinance stay within the City of Boynton Beach income so eligibility starts at$30,000 rather than $45,000. Mr. Litsch asked if the existing program has ever been used, and doing nothing would be the same as what is being done now. Ms. Bassiely said that this language is specific to the Boynton Beach Program and that a lot of the programs in the CRA are State and Federal funded; programs can still be done through the State and start at a lower, 100% affordable product. This change would just be for incentives provided by the City and does not affect availability of other programs. Mr. Rosecrans stated this would be to change the qualifications a bit and cast a wider net, geographically, to see if other areas can take advantage of this program. 8. Other—Election of Chair Motion was made by Ms. Oyer to nominate Trevor Rosecrans as he has board seniority and institutional knowledge; nomination was seconded by Mr. Litsch. Mr. Rosecrans declined as he would prefer to remain the Vice Chair. Mr. Buoni offered a friendly amendment for Jim DeVoursney for Chair;Mr. Sobel seconded the motion. Ms. Oyer felt that institutional knowledge and experience should be a prerequisite for the position of Chair. Ms. Oyer withdrew the nomination. Meeting Minutes Planning and Development Board Page 6 December 9, 2019 Motion was made by Mr. Buoni to nominate James DeVoursney for Chair and Trevor Rosecrans for Vice Chair; nominations were seconded by Ms. Oyer. In a voice vote, the motion passed unanimously (6-0). 9. Comments by Members —None The next meeting will be the regularly scheduled January meeting, not the end of December. Mr. Buoni noted that David Katz did a fantastic job as Chair and has helped everyone on this Board and the City immensely. 10. Adjournment Motion to adjourn was duly made and seconded. The meeting was adjourned at 7:40 p.m. Attachments: PowerPoint presentation Boynton Beach Mall Rezoning PowerPoint presentation on Workforce Housing Amendment Conflict of Interest forms from Susan Oyer and Butch Buoni [Minutes prepared by M. Moore,Prototype,Inc.] -toR =rlilriltl tom f-l", Kol a ale] A A we] lloqq:gg .............. ...... 4 t InTr4=6ild 1,71 Fat FORM 8B REMORARDUM OF VOTINGCONFLICT FOR COUNTY, MUNICIPAL, AND:OTHER LOCAL. PUBLIC OFFICERS OMMITTEE s LAST NAFIRST NAME--M10 !'; NAME OF,BOARD,COUNCIL,COMMISSION,AUTHIORITY OR C 1 MAILINY ADDRESTHE BOARD,COUNCIL. ISSION,AUTHORITY OR COMMITTEE ON S! VO-i[CH I SERVE ISA UNIT OF: " 0 COUNTY El OTHER LOCALAGENCY lot CITY 77g'--c I- F CALSUBC0,%ASION: DATE ON WHICKYOTE OCCURRED MY POST WN I& (3 ELECTIVE �rliPPOINTTVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority.or committee.It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of Interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or dither local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss.Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the spec al gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent subsidiary,or sibling organization of a principal by which he or she Is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.commissioners of community redevelopment agencies(CRAs)under See, 163.356 or 163.357, F.S.,and officers of Independent special tax districts elected on a one-acre, one-Vote basis are not prohibited from voting in that capacity. For purposes of this law, a'relative" includes only the officer's father, mother, son,daughter, husband, wife, brother, sister, father4n-law, mother4n-law, son4n-law, and daughter-in-law.A"business associate" means any pdrson or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting In the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters.However,you must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY AT-TEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 85-EFF.1112013 PAGE I Adopted by reference in Rule 347.010(1)(f.),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 16 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. -, PI CLOSURE OF.LOCAL OFFICER'S INTEREST I, > il ,hereby disclose that onr 2019 (a)A measure carne or will come before my agency which(check one or more) Inured to my special private gain or toss; inured to the special gain or loss of my business associate, ; inured to the speciel gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of_ — ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: �. .. TM A r , . If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public ofcer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1 Hf),F.A.C.