Loading...
Minutes 06-25-22 Minutes of the City Commission Workshop Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Saturday, June 25, 2022, at 10:00 A.M. Present: Mayor Ty Penserga Andrew Mack, Assistant City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Thomas Turkin Maylee De Jesus, City Clerk Commissioner Aimee Kelley 1. Agenda Items A. Call to Order- Mayor Ty Penserga Mayor Penserga called the meeting to order at 10:08 A.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Mayor Penserga The Invocation was given by Mayor Penserga. Pledge of Allegiance to the Flag led by Mayor Penserga Mayor Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga added Public Comment after Item B. 2. Adoption Motion Commissioner Turkin moved to approve the agenda as amended. Vice Mayor Cruz seconded the motion. The motion passed unanimously. B. As requested by the City Commission, staff has prepared a presentation to review relevant information regarding building height. The presentation includes a review of the history of height regulations and redevelopment planning efforts within the City, the City's current height regulations, a Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 height comparison, factors for consideration when changing height standards and examples of possible changes for discussion. Amanda Radigan, Planning and Zoning Director, introduced the topic of building height, and the workshop agenda. She spoke about the factors that shape a City: size, population, history, existing "fabric", and socio-economic factors; redevelopment visions and goals; economic development goals; dimensional standards; transit-oriented development (TOD); and principals of a successful TOD-Regional Transportation Authority (RTA). She explained the Geographic Organization of Boynton Beach and showed a map with the main arteries of the City. She spoke about the redevelopment planning since 2000, including the Public Workshops and updates that were given regarding the LDR's and the CRA Plan. She explained the current height regulations: land by height. She showed maps in regard to buildings and communities that are 55 feet and below, and the ones that are up to 150 feet. She explained the current regulations: height limitations by zoning district. She talked about height comparison with municipalities that are within Palm Beach County. She further explained each of the following municipalities' height limitations: Jupiter; Delray Beach; Palm Beach Gardens; Boca Raton; and Boynton Beach. She spoke about the height comparisons of Deerfield; Downtown West Palm Beach; and Pompano Beach. She explained the considerations for the Commission: Economic Development Considerations (TOD); impacts on housing affordability; is a TOD and a rail station site desired; station area goals and employment goals; and the compactness. Michael Cirullo, City Attorney, explained the legal considerations for the Commission. He spoke about the following: amending a comprehensive plan, Florida Statute 163.3184; Development Regulations, Florida Statute 163.3202; zoning in Progress - Smith v. City of Clearwater, 383 So.2d (Fla 1980); Moratorium WCI Communities v. City of Coral Springs, 885 So.2d 912 (Fla. 4th DCA 2004); property rights; Bert J. Harris Jr. Private Rights Protection Act, Florida Statute 70.001; and examples of potential Bert J. Harris claims. Ms. Radigan went over examples for discussion: Example A- Lower height maximum of MU-C from 150 feet to 85, and from 100 feet to 80. She explained the considerations for Example A. She spoke about Example B- lower height maximum of MU—C from 150 feet to 110-149 feet. She explained the considerations for Example B. She spoke about Example C- make no changes to LDR's; Amend downtown District portion of the CRA Plan; Reduce proposed intensity on select parcels; MXH (150 feet) to MXM (75 feet) or MXL (55 feet). She explained the considerations for Example C. She spoke about Example D- Make no changes. She explained the considerations for Example D. Kathryn Matos, Assistant City Manager, explained that there are technical difficulties happening, and that there are issues with comments by virtual guests. She provided her 2 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 email to the remote audience and invited them to send their comments so she can read them into the record. Commissioner Turkin thanked Ms. Radigan for the presentation. He asked if the dwelling units near the TOD includes existing structures. Ms. Radigan responded yes and outlined the additional units, if all the planned projects are constructed and built as planned. Commissioner Turkin asked if Boynton Beach is competing with Delray Beach for a TOD station. Ms. Radigan responded that she wouldn't say that we are competing but cannot speak on whether the RTA would put a station in both Boynton Beach and Delray Beach. Commissioner Turkin asked if there can be language crafted to allow for site plans to continue. City Attorney Cirullo explained how the City could continue to allow for site plans. He explained development standards and tradeoffs, to offset height differences. Commissioner Turkin said that he preferred Example A as a resolution. Commissioner Kelley commented that she feels like there are few vacant parcels left, and that she likes the idea of restricting individual parcels without having to go through a complete height restriction. She thanked Ms. Radigan for her presentation. Vice Mayor Cruz mentioned that she would still like to speak to Ms. Radigan in regard to this. She stated that she is concerned with traffic, and legal takings of properties. She stated that she would potentially be in favor of amending the CRA Plan but would like to educate herself further before deciding. Mayor Penserga stated that this is a fascinating topic and more complicated than he thought. He explained that in regard to competing, we are going against all other downtowns. He said that there are concerns of traffic, and when you live close to a restaurant, it is walkable and easier to get to. He asked why some places are not taking advantage of the full height allowed right now. Ms. Radigan explained why it might not be advantageous for a business to go to the full height allowed. Mayor Penserga asked how Floor Area Ratio (FAR) is calculated. Ms. Radigan explained how FAR is calculated and the minimums. She further explained the setbacks and step backs, and everything that is included. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Mayor Penserga gave an example and asked about property rights. He summarized what their options are: tall and skinny or short and fat structures. Vice Mayor Cruz stated that she would like to find a way to find green space without taking someone's property. Mayor Penserga asked for clarification on the term "taking." City Attorney Cirullo explained what it would mean by the City taking a property. He explained that they also have to go through steps, and everything is really fact specific. He spoke about what the best and right steps are, instead of speculating. Vice Mayor Cruz spoke about moratoriums. She asked if the City wanted to establish one, what would be the steps and how long would it be. City Attorney Cirullo explained what the process is, identifying what the goal is, getting recommendations from the Planning and Zoning board, it would go as a public hearing at two Commission meetings, and then figuring out how long the moratorium should be, while reviews are being done. He stated that a moratorium is usually 3-6 months. Vice Mayor Cruz asked if it would pause any projects being approved. City Attorney Cirullo responded that it depends on where they are in the process. He stated that it depends on what the Commission would like to do. Commissioner Turkin stated that the City has options, and he explained what people in his district would like to see in the downtown area. He said that we don't need height to be successful and offered that this is a way to be proactive, not reactive. Commissioner Kelley commented that it seems like we are asking for updates on where the City is in regard to drainage, infrastructure, road maintenance, utilities projects, and what's upcoming for our downtown. Mayor Penserga asked staff what the role of development projects in infrastructure is. Ms. Radigan explained concurrency and existing issues that the City has. She stated that any development that is approved has to be mitigated by that property, such as utilities, and traffic. She explained the Transportation Concurrency Exception Area (TCEA), and that it is generally in the downtown areas. She spoke about the Transportation Mobility Plan, and how we can move people in different ways and not just cars. C. Public Comments 4 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Susan Oyer, 140 SE 27th Way, Boynton Beach, explained the voting history of the City in the 1980's. She spoke about keeping the height low. She spoke about drainage. Evangeline Ward stated that economic development means more Police, more schooling, and not being able to get around easily. She said that the City residents needs to be able to feel safe. She said that we need to be practical about what we're thinking about doing. Thomas Ampliss stated that he came to Boynton Beach to get away from all of the traffic in Boca, and that we are turning into Boca. He stated that we need to look at the long- term goals. Mark Karageorge explained that there was a plan that was passed a long time ago because of Al DeMarco. He said that there has been good and bad growth, but we need to get back to smart growth. He stated that we have great staff that looks at everything before it moves forward, and he commended staff. Christy Ward spoke about housing affordability, and how cost of living has gone higher. She said that we need to fix what we have now. She stated that we need to count the cost of this, how it will affect us, and who are we trying to attract. Michael Weiner, spoke about traffic, building volume, canyonization, compatibility, other municipalities and their cost. He said that it is not going to wreck Boynton. Courtlandt McQuire, 506 Whispering Pines, Boynton Beach, spoke about wanting a vibrant downtown and what it looks like. He commented on projects that are upcoming, greenspace, and rail stations. He suggested hosting another workshop. Mike DeBose spoke about trying to meet the needs for a train station. He commented that he has sent listings of properties to developers, and nobody is interested because of the red tape that Boynton already has. Tyler Knight stated that he understands why having a 4-story building would exacerbate the downtown. Jim Knight explained that a long time ago people were against Walmart, but it was built and is great for the community. He spoke about limiting ourselves to rental products. He said that Delray is better for TOD. Bill Morris commended staff for the presentation. He commented about density in Delray, and smart growth. He stated that this City is looked upon favorably and to think about not doing a moratorium. He thanked the Commissioners for their service. He discussed historical points about Boynton Beach. He spoke about the Fire Department. Virtual comments were read by Assistant City Manager Kathryn Matos. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Mayor Penserga closed public comments. Commissioner Turkin asked about the LDR and if it was a change to the CRA Plan. Ms. Radigan explained the consolidated plan. She said that the original plan went up to 150 feet. She explained the changes that have been made over 20 years. Commissioner Turkin stated that we need to consider what we are voting on and mentioned that him and his neighbors do not want a train station in their backyard. He said that they have a lot to discuss and maybe another workshop meeting is needed, so they can go over their options. Commissioner Kelley thanked the residents that attended and staff. Vice Mayor Cruz stated that she wishes we would have had more residents. She stated that she will continue to speak with staff to see how we could best move forward, Mayor Penserga thanked everyone. 2. Adjournment The meeting was adjourned at 12:22 P.M. t4 ATT ';ORA i ml�V -T&- Mayle D esus, MM �' City Cl r FLC , 6