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Minutes 09-22-20 MINUTES a PLANNING AND DEVELOPMENT BOARD ZOOM ONLINE MEETING 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, SEPTEMBER 22, 2020, 6:30 P.M. PRESENT: STAFF: Dr. James DeVoursney, Chair Ed Breese, Principal & Zoning Administrator Trevor Rosecrans, Vice Chair Mike Rumpf, Director of Development Darren Allen Danielle Schwabe, City Attorney Butch Buoni James Cherof, Assistant City Attorney Tim Litsch Hanna Matras, Planner Susan Oyer Amanda Radigan, Planner II Chris Simon Lisa Tayar, Prototype, Inc. Jay Sobel, Alternate Lyman Phillips, Alternate GUESTS: Evan Vlaeminck, GCI Acquisitions Brian Seymour, Counsel, GCI Mark Rickards, Certified Planner, Kimley-Horn Joshua Horning, Project Manager, Kimley-Horn Adam Kerr, Traffic Engineer, Kimley-Horn Keith Spina and Joe Gomes, Spina O'Rourke Architects Chair DeVoursney 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 Motion made by Ms. Oyer, seconded by Mr. Litsch, to approve the agenda. In a voice vote, the agenda was unanimously approved (7-0). 4. Approval of Minutes —August 25, 2020 Motion made by Mr. Litsch, seconded by Mr. Buoni, to approve the August 25, 2020, minutes. In a voice vote, the minutes were unanimously approved (7-0). Meeting Minutes Planning and Development Board Page 2 September 22, 2020 5. Communications and Announcements: Report from Staff Mr. Breese gave an update on the items from the August Commission meeting: The Exotic Motor Works Conditional Use Request was approved by the City Commission. The Cantanzaro Land Use and Rezoning was approved on first reading and is scheduled for next City Commission meeting for second reading. 6. Old Business —None 7. New Business Then following three items will be heard as one with motions taken at the end of the presentation. 7.A. Approve Legacy at Boynton Beach(REZN 20-001)rezoning subject property from CBD (Central Business District)to MU-C(Mixed-Use Core)with a master plan for 274 multi-family residential units and 13,873 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. 7.B. Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1 st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. 7.C. Approval of Legacy at Boynton Beach (NWSP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. Before the presentation got underway, applicant's counsel, Bryan Seymour, swore in all consultants and those wishing to speak in this quasi-judicial proceeding. Applicant Evan Vlaeminck, GCI Residential, LLC, gave a brief company history, stressing that this developer holds its properties after development rather than flipping them as many developers do. Mark Rickards, Kimley-Horn, gave the PowerPoint presentation for the tentatively titled Legacy Boynton Beach development. Highlights included: • Downtown Vision and Master Plan, published 2009 • Creation of transit-oriented development district; focus on cultural and civic campus; rebranding of Ocean Avenue as The Avenue of the Arts. • Rectangular area of focus creating synergy of options for pedestrian presence to support local retail. Meeting Minutes Planning and Development Board Page 3 September 22, 2020 • Community Redevelopment Plan updated, including subject property within the Downtown District. • Aerial of subject property; future land use map changes; Mixed Use High land use category corresponds to Mixed Use Core. • Showing 20 year plan development. • Context of framing the project. • Roadway parameters of project. • Primary entry is off of SE 2nd Avenue; self-contained garage with 510 spaces. • Not asking for variances or waivers; wrapped the garage on ground floor with just over 12,000 square feet of commercial space. • Amenity area abuts SE 2nd Avenue, an important design feature; elevations shown from different directions. • Opportunity on north side of the building for some outdoor seating with a restaurant user. • Aerial view of proposed buildings in context with existing buildings. Three requests from this Board: • Rezoning from the Central Business District to Mixed Use Core; request is consistent with existing land use of Mixed Use High. • Abandonment of a portion of SE 1st Avenue at Federal Highway. • Major site plan package which includes 274 units and 12,422 square feet of commercial users on ground floor. Criteria for this Board regarding the rezoning aspect: • Mixed Use Core is the appropriate zoning designation for the land use category that exists. • Abandonment criteria shows three-point turnaround for firetrucks on SE I",- drainage/utility s;drainage/utility impacts with no interruption of service. • Pedestrian improvements: street trees, 10 foot sidewalk, 8 foot sidewalk in some areas, frontage on Federal will be 18 feet, parking area building access, breezeway connection to front of house. • Portion of garage visible from SE 1st Avenue, features frame system with vines; condition to work with Staff on this before taking to City Commission. • Taking care that 100% of parking will be internal to project, including residential, guests, and customers; no variances or waivers needed, parking self-contained. • A 15-foot buffer on the east side did not make it to the packet; the condition is to add a wall to that buffer on the east side transition to the condominium. Chair DeVoursney opened the floor to public comment. • Phil Garfinkle, Anchors Away Travel, 112 North Federal, stated their business location will have to change based on this project. However, he has spoken with attorneys and developer and is supportive of the project and that it will ultimately be good for their business and the community at large. • Tony&Michael Mauro, own property at 618 East Ocean, spoke in favor of the project. Concerns for jumping over SE 1st, changes the way the block works, Meeting Minutes Planning and Development Board Page 4 September 22, 2020 critical to their business, affects their tenants' access. Thinks it odd that not much time was spent on the north elevation; higher buildings affect surrounding buildings. The SE I" Avenue issue is their main objection to an otherwise great project. Chair DeVoursney asked how someone traveling westbound towards Federal Highway would get to the Mauro property; Mr. Mauro described the traffic patterns;the proposed traffic would change the flow, dynamics, and use. However, Mr. Mauro generally approved the building proposal, but abandoning SE 1st negatively impacts businesses on his block. Ms. Oyer asked what businesses were on the Mauro property;Mr. Mauro said there is a salon and paint company. • Christine De Haseth, Florida Coalition 4 Preservation, feels the project is not ready for consideration or approval and should be postponed. Cited 38 conditions of approval not met for minimum compliance with LDR and codes. Feels the Board's obligation is to consider the long range, overall growth and development of the area and not review each project in a vacuum. o No need to rush a decision in summer when residents are away; o Pandemic suppresses public dialog; o Update from 2009 Master Plan for four corners of busy intersection? o Has a neighborhood workshop been considered? o Analysis of total development at maximum density? Results may shock and cripple the area. o Coastal Link commuter service station(basis for 25% density bonus)? Why higher density to service the station? o What impact would be on emergency response vehicles due to increased traffic at intersection? o Inadequate parking will exacerbate traffic flow. o Not compatible with nearby properties. Requesting that the Board take their time; consider long range impact of project; require more stringent LEED standards; do not accept inadequate parking of location at Two Georges; make sure ingress/egress support sustainable traffic pattern; do not improve changes resulting in increased density. • Virginia Foot, Residents of Coastal Towers, stated concern for traffic. SE 1st is the entrance to their community and reasons for opposition were given for closing it off, increased traffic would require at least a light on Ocean Avenue. Also concerned about trash containers. Their Board requests that this decision should be held up during the off season until there can be more participation from locals. Ms. Oyer asked if there is a way to contact the 50% of residents gone off-season; Ms. Foot said it is not feasible for their population, even the Canadians who may not be able to enter the US this fall, most of the Board is currently out of town. The Meeting Minutes Planning and Development Board Page 5 September 22, 2020 notice for this meeting was first seen in the paper and the mailed notice was late, arriving only a week before the meeting. Forwarded mail would never have been received in time. • Robert Nebb, owner 640 East Ocean Avenue a.k.a. Ocean Plaza shopping center, stated a problem with closing SE I" Avenue; all deliveries by large trucks enter through I" Avenue, as well as garbage trucks. Sterling Village and Coastal Towers elderly residents rely on ambulance services on SE I" Avenue. Ocean Avenue regularly goes under water with only access from I"Avenue. This affects not just the shopping center but all the Mom & Pops along Ocean Avenue. No problem with the project as long as it stays south of 1st Avenue if they eliminate 1st Avenue, perhaps with a pass-through instead. Ms. Oyer asked when notification was received; Mr. Nebb said last week, usually notice is received and posted several months in advance. Mr. Allen asked the Applicant if there would still be an alternative access for SE 6th south to SE 2nd, and if heading west there would be the alternative of turning onto Ocean Boulevard. Mr. Vlaeminck said yes to both. • Michael Wilson, 1224 Isle Court, asked to confirm if the current MUH rezoning request is capped at 80 units, but this project generates 98 units. The only way around that would be workforce housing adding 25%. How many united will be workforce housing. Second concern is to discuss the 20 parking spaces allowed for Two Georges. Comments are that the density is higher than desired and echoing the other comments on ways to keep SE 1st Avenue open. Chair DeVoursney closed the floor to public comment. Mr. Seymour asked for an opportunity to respond to comments. One legal issue was that notice was entirely proper,the property was posted,the advertisements made, and mailings sent to addresses as tax bills, trim notices sent in August; no late notices, all legal requirements were met. Waiting until January when people return from out of town is not something they could do; the developers believe this is consistent with the vision of the City Commission and CRA plan as adopted. Mr. Rickards and Mr. Kerr gave additional information on traffic and parking requirements being met, but more specifically on the SE I" Avenue issues, access, and traffic patterns (see diagram). Access is focused on Federal Highway; reduced 6th Street and 2nd Avenue access. Mr. Seymour concluded that the team is happy to continue discussion approaching City Commission; all issues were dealt with in detail, Staff comments were reviewed with some minor items to tweak. Mr. Vlaeminck thanked those attended in the neighborhood meeting the week previous and who participated at this meeting. Meeting Minutes Planning and Development Board Page 6 September 22, 2020 Board Comments: Mr. Buoni was surprised and disappointed that the project is being done so quickly. Of particular concern were the traffic proposals considering that there is currently a$1 million renovation to the traffic flow affecting Sterling Village, among others. Also, the notification process to 840 units within 500 feet of the project during the Covid situation was done much too quickly. Finally, concerned about density — 80 is preferred over 98; DTOD plans are known, but is so far in the future no discussion is currently going on. Ms. Oyer apologized to Mr. Seymour for statement misunderstandings; also disclosure than her brother had previously worked for Dunn Street and is not considered a conflict. Ms. Oyer had several questions: • 7.A. discrepancy in retail square footage. Ms. Radigan noted the correct number is 12,422 square feet. • Will gray and black be used on flat rooftop pieces versus white or reflective color? Mr. Spina answered the roof will be white TPO, but the window frames will be black. • Location of four (4) car chargers? Mr. Gomes noted they are in the first level of parking in the garage; suggested some will be for public, others for residents. Ms. Radigan notes this is a condition of approval regarding location. More chargers can be added to accommodate future needs. • Why are there 20 parking spaces at Two Georges? Mr. Vlaeminck said Two Georges owns one of the lots that fronts the parking lot and this is a function of the purchase of the lot to provide 20 spots. Ms. Radigan added that this was part of the approval for Two Georges to meet their parking requirement. • Regarding the double height first floor, are the corners double height on the top floor? Mr. Spina said this helps hide the garage wrap-around; corner units have higher ceiling heights architecturally. • Noting 100 trees, 57 shade, 43 palms; Boynton Beach is looking to get rid of palm trees, so should consider putting in regular shad trees to combat global warming. • Comments on the flooding concerns on Ocean Boulevard. • Art Feature, mural and/or fountain? Mr. Vlaeminck said The Art in Public Places portion of the project is still in progress. Comments followed regarding kinetic art and other desirable features of public art. • Comments on height compatibility and density;also that the City doesn't need more apartments but rather purchased homes/condos. Mr. Simon had several points to discuss: • Concerns about abandonment of 1st Avenue, specifically where longer trucks with trailers are entering and having to turn around. Mr. Horning said such trucks would need to back out the way they came in; in other words, Mr. Simon said, a second person on the truck would be needed to help flag or handle traffic; however traffic on 6th will increase if 1st Avenue is abandoned. Meeting Minutes Planning and Development Board Page 7 September 22, 2020 • Not enough room for a three-point turn. Mr. Horning said they are working with the City on just this concept, these larger trucks will be able to make a three-point turn; an access driveway would be provided. Further particulars were discussed. • Is there a way for this project to eliminate the 1st Avenue abandonment, keep retail a separate building on the north plot(strictly commercial with some units above). Or could there be a way into the parking area to create a pass-through. Mr. Vlaeminck doesn't understand the question but would be happy to speak off-line to discuss at length. But leaving 1st Avenue as is and having traffic flow under the building is not part of the proposal. • Image on 2009 Master Plan, not knowing what will be on properties to north of intersections, is 8 feet sufficient for active area; is City considering increasing. Ms. Radigan said the Code reads 8 feet, but is in coordination with a 10 feet sidewalk and another 2.5 feet for a canopy tree allowance; in theory could be a surplus for overflow. Perhaps there could be a grade change; current scheme is to maximize the sidewalk. Additional alternatives were discussed, including effects on retail spaces. • Additional points such as retail units, commercial amenities, signage, traffic patterns, ceiling heights, utility costs, charging stations, parking spaces, and more were discussed with Staff and developers. • Ample green space concepts and providing a decent tree canopy (species of oaks) were discussed with Ms. Radigan, citing most recent updates to Code in 2016 as absorbed into the current CRA Plan. Mr. Simon asked to go on record that the City should reconsider increasing and providing a decent amount of greenspace within this and other zoning districts which is being overlooked. Mr. Breese stated that the powerlines are being buried around the site so there are no issues with trees. Also clarified about EV charging stations, the four more are being provided than what is required by Code (i.e., 4 + 1 per 50 units = 10). Mr. Litsch had little to add: Conditions of approval were significantly more than would normally be seen at this stage of the process, which makes it look like the project is being pushed through too quickly. Also voiced disapproval of the closure of 1st Avenue. Final comment: eight stories are not needed to park more cars. Mr. Allen had no additional questions. Mr. Rosecrans stated it was a nice looking project;however, echoing other Board members, it feels rushed; conditions of approval are too numerous; agrees that density is too high. Pervious versus impervious, Mr. Rosecrans would like to see more interest given to this item. Questions included: • Workforce housing as a credit or pay-in-lieu-of. Mr. Vlaeminck said in-lieu of is the method being contemplated. Mr. Rosecrans said that a requirement per LDR is that the site plan contain the workforce housing units, labeled, and tabulated as part of the presentation. Meeting Minutes Planning and Development Board Page 8 September 22, 2020 • Regarding traffic trips, Levels of Service C and D, will this impede development further, pushing it to an F? Mr. Kerr said that future development would need to do the same analysis. The threshold is low and there is still room at both intersections for future growth. The traffic study was prepared, submitted, and approved by Palm Beach County and by City Staff as well. Mr. Kerr met with FDOT (Federal Highway jurisdiction) and signals were not requested due to low traffic volumes. • Regarding site drainage containment, is it sufficient with the exfiltration trench,no retention pond needed? Mr. Horning said the City has a master system for discharge after pretreating stormwater. There is a fee in-lieu for that, so other options are being considered, including onsite drainage wells (not fully vetted yet). Storm water vaults would be considered last due to lack of viable space. As to the impact of King Tides on tying into the City system, Mr. Horning said it would have impact and that the systems are monitored and would need consultation regarding peak time capacity. Chair DeVoursney stated he lives off of Federal Highway and noted there are no right- hand turning lanes on Federal Highway on any of the east/west streets; it is maddening waiting for traffic to pass to make right-hand turns. A brief discussion of navigating traffic patterns followed. Biggest issue was reaching for higher density to bring in workforce housing into the market to accommodate City workers. Ms. Oyer attempted a motion to table all three proposals until developers can come back with all information and all neighbors being impacted have a chance to present their sides. Mr. Cherof stated this Board cannot table a matter; only the City Commission can do so; therefore, such a motion is out of order. Motion made by Ms. Oyer, seconded by Mr. Simon, to approve Legacy at Boynton Beach(REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. In a roll call vote, the motion failed (3-4), with Mr. Rosecrans, Mr. Litsch, and Mr. Allen assenting; Mr. Buoni, Mr. Simon, Ms. Oyer, and Chair DeVoursney dissenting. Motion made by Ms. Oyer, seconded by Mr. Litsch,to approve Legacy at Boynton Beach(ABAN 20-009)abandoning a portion of the improved 45 foot wide right-of-way of SE 1 st Avenue running east from Federal Highway for a distance of approximately 175 feet. In a roll call vote,the motion failed (1-6), with Mr. Allen assenting; Mr. Rosecrans, Mr. Litsch, Mr. Buoni, Mr. Simon, Ms. Oyer, and Chair DeVoursney dissenting. Motion made by Ms. Oyer, seconded by Mr. Litsch,to approve Legacy at Boynton Beach(NWSP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. In a roll call vote, the motion failed (1-6), Meeting Minutes Planning and Development Board Page 9 September 22, 2020 with Mr. Allen assenting; Mr. Rosecrans, Mr. Litsch, Mr. Buoni, Mr. Simon, Ms. Oyer, and Chair DeVoursney dissenting. Mr. Simon affirmed that this Board is in an advisory capacity, the City Commission has the final say; however, everyone is encouraged to present their stance to the City Commission. 8. Other—None 9. Comments by Members Ms. Oyer reminded everyone that the deadline to complete the census is September 30; only 69% have responded and everyone is encouraged to do the census to keep funding coming to City's programs and services. 10. Adjournment Motion to adjourn was duly made and seconded. The meeting was adjourned at 9:01 p.m. Attachments: PowerPoint Presentation for Legacy at Boynton Beach [Minutes prepared by M. Moore,Prototype,Inc.]