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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 �\(`+ City of Boynton Beach c k Workshop Meeting L �P 4 ON 0 Date: Saturday,June 25,2022 Time: 10:00 AM Place:City Hall Commission Chambers 1. Agenda Items A. Call to Order-Mayor Ty Penserga Roll Call Invocation Pledge of Allegiance to the Flag led by Mayor Ty Penserga Agenda Approval: 1. Additions, Deletions,Corrections 2. Adoption 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 height comparison, factors for consideration when changing height standards and examples of possible changes for discussion. 2. Adjourn Notice Notice if a person decides to appeal any decision made by the city commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and for such purpose, he/she may need to ensure that a verbatim record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is to be based. (F.S.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Information regarding items added to the agenda after it is published on the city's web site can be obtained from the Office of the City Clerk. Page 1 of 43 r CA•"*"./ 6/24/2022 Workshop Agenda 1. Factors that Shape a City 3. Height Comparison • General Factors • Delray Beach •SPalm Beach Gardens J • Dimensional Standards • Boca Raton W • TOD • Town of Jupiter m • Boynton Beach ( 2. Boynton Beach 4. Considerations � 2,k • Geographic Organization Op ete" • History of Revision to Height 5. Legal Considerations r" • Current Height Regulations • Height Structure&Distribution 6. Examples for Discussion City Commission Height Workshop June 25, 2022 Factors that Shape a City Factors that Shape a City IPA ill ii.• Size • Redevelopment Visions&Goals m" km • Population • Longevity of redevelopment efforts • History,Age&Original MI 4P4i. • Downtown or TOD vision 11111 Ian 10.11 Ai Development Pattern 16 • Existing'fabric' Mali IANEconomic Development Goals till ill' "ii • Socio-Economic Factors • Business viability • Income levels c, 7L----' _ • Attract new business,industry,or illii ilk alli ill • Employments116 office • Education r e • Creation of destinations • Access to Amenities -F' 11i • Housing affordabilitylen lilt nit -0111 (transportation,parks) i AS lila iik M r-. A 6/24/2022 Factors that Shape a City Factors that Shape a City n MIDimensional Standards Work Together: �1: :1_,..1 "" Transit Oriented Development(TOD): " ' • Height 1Drea _ (� Developed in the early 1990's by Peter Calthorpe • • FAR(Floor Area Ratio) FAR d1%t� 1\ V ") �a • Environmental sustainability movement • Uses ,�,^, • Goal is to reduce dependence of cars and creates low carbon lifestyles • Organize growth on a regional level to be compact and transit-supportive non • Density •Stodes ;..... • Place commercial,housing,jobs parks,and civic uses within walking distance • Setbacks&Stepbacks �1 �. of transit stops • Create pedestrian-friendly street networks that directly connect local r...t.^m HOLot urea destinations Height,Step backs, • Provide a mix of housing types,densities,and costs Setbacks............ •-•-• ..--_.—.4— • Preserve sensitive habitat,riparian zones,and high-quality open space • Make public spaces the focus of building orientation and neighborhood activity 'annerships �' Density `� mpr.ne mnrs and Improved Builr TOD P..•Irxn thn Pu,, he TOP A •-•-•-.,-- _ r Al near Me Ratan 0 Amenmes •olstrxts ' ,Hijilliii ti , .. rpu.as Oman Ave aq•n, • �,� "rat/ # 1• Factors that Shape a City Workshop Agenda Principals of a successful TOD—RTA Regional Transportation Authority 1. Factors that Shape a City 3. Height Comparison • i) • V t f General Factors • Defray Beach P • Palm Beach Gardens ' Dimensional Standards • Boca Raton 1111 his '1 _•.,_.g /� _� g « TOD • Town of Jupiter i�G{/M'�- ` Boynton Beach r 2. Boynton Beach 4. Considerations 2 A m.«land ose,. 4 acne defined Public leadersolo • Geographic Organization r............r., r<ernen........r..rm •- �•� r � ter• 1163•66.66•66,..• History of Revision to Height 5. Legal Considerations 1 ..:•�.�... 3 • Current Height Regulations r.ee.,m-mruon- -••--• compote l.on qua''' •�'+•^e-Z ii 6. Examples for Discussion ,....r..+........ l.lmtrea.manaved r.""•"•Dow...". • Height Structure&Distribution p density devebrxnenr ..�.rw......n PedestrlanonenRtl n................* o r66...66461=66606 +k,n4 ..��..r...r. g w.,raw.. •.....r•. ••••* 00. ww.-.rr.b:..w mro ..ww.N+•q..�.... '••••••••••••.••••••••^Own rN . .+.v..sew..w+— e• —sew...... •...»,..f, ..w.. ,...b..w.w. .fir•......, ......wh....•+ ...........m+.-..b ..nwaN.n...r.. .s"'......r.... naw.+ nw..r.wM rr ....r. RTA 1 1 6/24/2022 b95/e ;,,,,: . ' , i^5f sv Geographic Organization ) Geographic Organization 24. x Geographic Organization: , Geographic Organization: ,. c 1-95,CSX,FEC railroad,Federal Hwy. 1-95,CSX,FEC railroad,Federal Hwy. 11"0/1 -1-95 access from Boynton Beach Blvd 1-95 access from Boynton Beach Blvd b' © 1Direct access to beach from Ocean Ave. _ Direct access to beach from Ocean Ave. �tirnBe�i'Blvd:I - nom��Avv .RA Defines: Defines: ?'- • Activity nodes ry des :� Activi no• Unique corridors • Unique corridors• Distinct districts i • Distinct districts 2tY olbri[htRd ,�/r ltd o� 4 1. Industrial Craft District j A • ° 2. Boynton Beach Blvd District - e 3. Downtown District ¢ 4. cultural District . 4 5. Federal District(North&South) 6. Heart of Boynton District i /rx f 1 Geographic Organization % ) Redevelopment Planning :w 2000:Maximum height was 100'&maximum density was 40 i Jai i r I , 2000:Public Workshops held for Federal Hwy Redevelopment Plan VI illi ,. . t r 1111 i = vnB.'n B• 2001:Federal Hwy Corridor Community Redevelopment Plan Adopted -'II I ,1 I- 2002:LDR Update-Original MU-H and MU-L were adopted.First `F C' adoption of heights to 150'per recommendations of FHCRP II i l — A 2004:LDR Update-SMU(Suburban Mixed Use)was adopted and �� - colichtnd included heights from 55'to 75'. l 2006:Boynton Beach Blvd Corridor Plan expands Mixed Uses to ~u'i (. II —t Boynton Beach Blvd. , '42% ., 1. z 6/24/2022 Redevelopment Planning Current Height Regulations: Land by Height 11 i 2005:Public Workshop for Federal Hwy Plan Update "usaaa - _ �,..� . IIIIV '` 2006:Update to the Federal Hwy Corridor Community r. T'� ' I 55'and below Redevelopment Plan adopts � �••� .^^ sa i 7I !. G Gateway Blvd. 2006:LDR Update-Split Mixed Use Zoning Districts into four . ir— ■ f— " Districts(MUL-1,MUL-2,MUL-3,MUH),per recommendations of Mkt — g FHCRP �_ �; 1 ; eom.r•••~mx _ Boynton Beach Blvd. 2016:Public Workshops for CRA Consolidated Plan "+Willt�7' �" iIPPII _ _ � ` wonibright Rd. 2016:Consolidated CRA Plan is adopted.Consolidates all CRA rig•21. ('. lidPlan Recommendations into a single document. = - I ` ; '_ 2016&2017:LDR Update to further breakdown of zoning districts --( (adds MU-4)for distribution of density and height,per consolidated C � - ❑■„� CRA Plan recommendations. — I Current Height Regulations: Land by Height Current Height Regulations: Land by Height '1=i 55'and below11114.:1=rr ‘ejTagejlioliii nffile._ e/f� a=rise ak Boynto Beach Blvd. 11 Boynton Beach Blvd. �iIirr d_ ' __ 1■ :1�tl rt - lamsonlyi A 'II 111:44 1 ill un mminsommi /.. - Woolbright Rd. i '••� Woolbright Rd. s .. •.\' ) Atlf . -- A 6/24/2022 Current Regulations Workshop Agenda 1. Factors that Shape a City 3. Height Comparison Height Limitations By Zoning District • General Factors • Delray Beach • Palm Beach Gardens ZONING DISTRICT MAXIMUM CODE PROVISION • Dimensional Standards • Boca Raton HEIGHT • TOD • Town of Jupiter SMU !Suburban Mixed Use 55• Chap3.Art III.Sec 1.D Table3-3 -- - - --- • Boynton Beach MU-1 Urban Mixed Use 55 Chap3.Art Ill.Sec 1.E Table3-4 MU-2 Urban Mixed Use 65 _ 2. Boynton Beach 4. Considerations MU-3 Urban Mixed Use 75 • MU-4 Urban Mixed Use 100 Geographic Organization MU-Core Urban Mixed Use 150 _ • History of Revision to Height 5. Legal Considerations • Current Height Regulations • Height Structure&Distribution 6. Examples for Discussion Height Comparison Delray Beach Size 0.11 Population TOD/Downtown 85'TOD/MROC (Mixed R, O,C) (Chp 4.Art 4.4.Sec 4.4.29.G.2.f) Jupiter 23.12 61,000 60' Preserve Village Intel l -• _ Defray Beach 16.52 67,000 85' Conserve'historic'Atlantic Aver 60' Linton Commercial Boynton Beach 16.57 80,000 150' Create a destination/Downtown/TOD I'I" --_. (Chp 4.Art 4.4.Sec 4.4.9.F.3.e) Palm Beach Gardens 59.34 59,000 150' - �'s• • f 54' 'Hist"411oric 38- City Main St. Boca Raton 31.59 96,000 160' 38'Atlantic Ave for fronting parcels Pompano Beach 24.69 110,000 210' Increase housing/Attract Industrial Business - - - - (Chp 4.Art4.4.Sec 4.4.13.Dial Deerfield Beach 16.22 80,000 '-_ - West Palm Beach 57.98 117,000 308' Emphasize an urban core w/transit .- - t -mk\' .- _ "- Height exceptions—architectural features,rooftop ii I E eQ apparatuses,parapets... 6/24/2022 1 Palm Beach Gardens Boca Raton 150'within employment • 4 '1 140'downtown of habitable overlay �t sic 78-157.h.3) OMNI, "`.71 plus 20'non habitable Most other districts max IS l Most No.54ne Downtown Deve oilmen orae. �'_ 1 Section 2.5.4.11 e)) ,,i,,;` Z -+� below 60' f 1./,', I 85'PID&Planned Mobility t' —,�L ■ ♦ ----- .----.......----- I ' '�' �l} i�'+„y (Art XIII.Div1 Section 28-1723) �'-'� •..�-..r+-.__ y._ (M XIII Dn7.Section 28-1251.5) 4 e City Council Height Waivers J • g . for Planned Developments r� f�Jr 72'Village Center I' L�:` (Ni XIII,DIv7.Section 28-1244) JupiterBoynton Beach _ ,IM. ;_ ��, Indiantown Overlay I 100'- 150' MU-C&MU-4 i Yv` 60'+ 15' I!li (Downtown/TOD) ii,.' /J ; - e; rt �• . (Chp 27.M VIII.Div 1.Subdiv D.Sec.27.1641) —I _t _ -, 55'SMU(+20'CU if approved) Planned Districts a—= ,� , 60'+ 15' — Boynton Beach Mall '` 40 •P::-,. (Chp 27.M VII Sec.27.1527) --_ _ _ 1 Congress Ave. District ll ` ri (Chp 27.M VIII.Div 1Subeiv D.Sec.27.1641) h_ . _ Y • E •�� 50'-85'Medical Center - _.•-A,; gt District t = — �.� is nc _ - 1BEA, ,. „4„,_ 6e"a<'- `k- (Chp27.MVI.Div15.Section 27-954) r r .1J l��{��; a e. 0 IZ. tea. — g 6/24/2022 Height Comparison Workshop Agenda 1. Factors that Shape a City 3. Height Comparison • General Factors • Delray Beach Deerfield Planned Districts &TODs have no set dimensional Dimensional Standards • Palm Beach Gardens • standards. • Boca Raton • TOD • Town of Jupiter • Boynton Beach Downtown WPB 10 -25 stories (125'-308') 2. Boynton Beach 4. Considerations • Geographic Organization Pompano Beach 105'or 210'slenderness provision • History of Revision to Height 5. Legal Considerations • Current Height Regulations • Height Structure&Distribution 6. Examples for Discussion Considerations Considerations • Economic Development Considerations (TOD) Is a TOD and a rail station site desired? • Rooftops needed to make business viable Walk Cycle Connect Transit • Rooftops&Jobs needed to establish commuter rail station ^^ ..., P Station area goal is 3,000 to 5,000 total • Land Value ° residential units within TOD ,Iii �i - • Tax Base R :;; .r• .. .M J,a • Operational Value _ _ ••••• T'r Station area employment goal:12,000-18,000 ® �"*�!�A A • Construction costs s::i n ii (FOOT TOD Study 8 SFECC( 4,,,,..„.,,®�^�" A ' l-1 A0+ • Impacts on Housing Affordability � Compactness ,-.-1A0+_14,�# • Supply and Demand Higher units/height/FAR in small area OR0 ., . rt. 4t spread out along larger area �t.`. ,d S 'IN t t�A tttri'r4�� Mix Density Compact Shift wwrr• nwp•• ....w., 7 6/24/2022 Workshop Agenda Legal Considerations 1. Factors that Shape a City 3. Height Comparison • General Factors • Delray Beach • By ordinance,two public hearings by City Commission • • Dimensional Standards Palm Beach Gardens • Requires review by Local Planning Agency—Sec 27-89 • Boca Raton code designates the City Commission as the City's local • TOD • Town of Jupiter planning agency • Boynton Beach 2. Boynton Beach Amending a • Notice requirements for hearings as set forth in this statute 4. Considerations Comprehensive Plan • Geographic Organization p First Public Hearing: Transmittal Hearing • History of Revision to Height 5. Legal Considerations §163.3184 • Amendment transmitted to reviewing agencies(County, state) • Current Height Regulations • Once review complete returns to City • Height Structure&Distribution 6. Examples for Discussion • Second public hearing: Adoption Hearing • Small Scale Land Use Amendment,generally less than 50 ac.and no text amendment adoption process differs(only requires one public hearing) 30 Legal Considerations Legal Considerations • Unless a change in zoning code is pending at the time of application,the applicant can rely on the code in existence at Intended to implement the adopted Comprehensive Plan: the time of the application. Development "Local land development regulations shall contain specific • If a zoning code is pending at the time of application,the City and detailed provisions necessary or desirable to can require the applicant to comply with the new code. Regulations implement the adopted comprehensive plan[.]" Zoning in Progress Smith v.City of Clearwater, • Pending does not require City Commission discussion or §163.3202 Must be consistent with Comprehensive Plan 383 So.2d 681 (Fla. 1980) action,but rather active documented steps by city staff authorized to do the work that would result in the zoning change. Adopted pursuant to ordinance after review by local planning agency. Section 27-89 designates the City • City Code provides a formal process for Notice of Intent to Commission as the City's local planning agency change the land development regulations Chapter 1,Article IX,City's Land Development Regulations • Zoning in progress does not apply to proposed changes 31 to Comprehensive Plans. 32 6/24/2022 • Legal Considerations Legal Considerations Property Rights • developing nawo l tc res rve status quo while 1 r Moratorium Bert J. Harris Jr Private Property Rights Protection Act WCI Communities v. City • No emergency required §70.001,F.S. of Coral Springs, 885 • Mu t be of limited duration,limited to time needed to study andsadoptchanges When a specific action of a governmental entity has So.2d 912 (Fla. 4th DCA inordinately burdened an existing use of real property or a • Must be for prQper pour�os�' "coriern about the effect of vested right to a specific use of real property,the property . �file 2004) t e ro sed tl8ve o non tra ic,on cDngestion,Pan owner of that real roe is entitled to relief, which may �" t sur ourlcj roppe v es,once a cc�f for pdy services, property rtY u_ anon otheraspec o tke general welfare. include compensation for the actual loss to the fair market value of the real property caused by the action of government. 8 • M st be adopted u inq the more formal ordinance adoption processor tvr/o public heanngs. Each bolded term is specifically defined in the statute • 'im eac5°�'g„nty,n` sPoId aggrga. Bekyi ben v 33 34 Legal Considerations Workshop Agenda 1. Factors that Shape a City 3. Height Comparison Examples of potential Bert J Harris claims ▪ General Factors • Palm Beach Gardens • Dimensional Standards • Boca Raton Altering zoning to eliminate a permitted use • TOD • Town of Jupiter Ocean Concrete,Inc.v.Indian River County,241 So.3d 181(Fla.4"`DCA 2018) • Boynton Beach 2. Boynton Beach 4. Considerations Comprehensive Plan Amendments that by their terms apply to • Geographic Organization specific properties • History of Revision to Height 5. Legal Considerations Hussey v Collier County,158 So.2d 661(Fla.2n°DCA 2014) • Current Height Regulations • Height Structure&Distribution 6. Examples for Discussion Government inaction, such as a failure to rezone properties, held not to provide a BJS claim. Boca Center at Military,LLC v City of Boca Raton,312 So.3d 920(Fla.4'DCA 2021). 35 Q 6/24/2022 Examples for Discussion Examples for Discussion Example A Example B Lower height maximum of MU-C from 150'to 85 Lower height maximum of MU-C from 150'to 110'-149' Lower height maximum of MU-4 from 100'to 80 -- - -- ----- ZONING DISTRICT T MAXIMUM ZONING DISTRICT MAXIMUM Examnle A HEIGHT HEIGHT ---— - - -- ----- SMU 'Suburban Mixed Use-T 55 55 SMU Suburban Mixed Use 55 55 MU-1 Urban Mixed Use 55 __ 55 MU-1 Urban Mixed Use 55 55 ___- MU-2 Urban Mixed Use 65 65 MU-2 Urban Mixed Use 65 _86 MU-3 Urban Mixed Use 75 75 MU-3 Urban Mixed Use 75 75 MU-4 Urban Mixed Use 100 100 MU-4 Urban Mixed Use 100_ 80 MU-Core Urban Mixed Use 150 110-149 MU-Core Urban Mixed Use 150 85 --- �------ Considerations — Considerations 1. Most projects have been built/approved considerable lower then the permitted 150' 1. Most projects have been built/approved considerable lower then the permitted 150' 2. Minimal impact as much of land area is developed and/or has approved plans/vested projects 2. Minimal impact as much of land area is developed and/or has approved plans/vested projects 3. Property owners within MU-C and MU-4 may consider the reduction a taking. 3. Projects within MU-C may consider the reduction a taking. 4. Approved and built projects(Casa Costa.Villages at East Ocean,Manna,Ocean One,Riverwalk) 4. Approved and built projects(Casa Costa.Villages at East Ocean,Manna,Ocean One)may be may be construed as legally non-conforming.This may lead to lending problems,issues rebuilding construed as legally non-conforming.This may lead to lending problems,issues rebuilding after after damage,and may be perceived as a taking. damage,and may be perceived as a taking. 5. Language can be crafted to counter some of these effects. 5. Language can be crafted to counter some of these effects. 6. Can be done via LDR amendment/Ordinance 6. Can be done via LDR amendment/Ordinance Examples for Discussion Examples for Discussion Example C ample D ru.W.e, Ex • Make no changes to LDRs; .ii--IT _ Make no changes. a,.�I;PaI� ,.,=-�re � • Amend Downtown District portion of the CRA Plan; .- - ;'-.5 r • ' • Reduce proposed intensity on select parcels; ZONING DISTRICT MAXIMUM Example C ,V m:�rn r, • MXH(150')to MXM(75')or MXL(55'). ` _ - HEIGHT -� r " 1 1 -• _SMU Suburban Mixed •I 55 - i f- MU-1 • Urban Mixed Use 55 "''.. 1°x —__ _, Considerations MU 2 Urban Mixed Use 65 65 M I.:,t1. Most projects have been built/approved considerable 1 - MU 3 Urban Mixed Use 75 75 ', '� '. : lower then150'. il ._ r 100 " L'T,71 ! j 2. Full block assembly of 115 Federal is proposed to be r • _ d I 150 , nzu r r rlwIra MU-C and at a height lower than 150' - ep Val r _ 11 3. MU-C is a compact area located within downtown and • 1 _ """' Considerations � rr S 1 the TOD I ms's ' i 1. Most projects have been built/approved considerable lower then the dl a r• •� tsar 4 e NBAt'1 : , ! ' -.0 4. MU-4 is a compact area located at the secondary Ali i ° _�, permitted 150'. ,W.141014? o I kit node intersection and limited to four blocks. ,w f � 't5 2 MU-C is a compact area located within downtown and the TOD 5. Amending the proposed FLU removes potential r , I ' 3 MU-4 is a compact area located at the secondary node intersection and r it1 MX 111 ,r", density&height limited to four blocks. i2 ,,..ry ` I:,,,..r.7.', y� I r sr .._ r . • 1n 6/24/2022 'A( Frit a W Q1 Z O BO Questions? 11 De Jesus, Maylee From: Mark Meyer <markmeyer192@gmail.com> Sent: Saturday,June 25, 2022 11:22 AM To: Matos, Kathryn Subject: RE: Public Comment - Building Height Workshop Please read into the record: Good Morning Board. My name is Mark Meyer, I am the President of INCA. I would be there this morning but unfortunately, I am under the weather. Thank you for opening this topic to the public for discussion. Members of INCA have discussed the concept of restricting heights and we are in support of the height restrictions. We think it is in our best interest to limit the height. Many members are looking for a maximum structure height of three to five stories. We have factored in safety considerations (EX; average fire truck ladder heights), traffic, density and intensity, FAR, flooding proneness of the CRA, public infrastructure, and environmental factors (EX: impacts of migratory birds and heat island effects). We understand that 3-5 stories may not be able to be accommodated; however, INCA members support the general reduction of building height allowance for development within the city. Also, members of INCA would like an impervious surface area requirement for developers to have some onsite drainage capacity (perhaps via bioswales, rain gardens, etc). Thank you for the presentation and the discussion opportunity. Please feel free to contact me with any inquiries. 1 De Jesus, Maylee From: Ace Ratcliff <ace@stayweirdbekind.com> Sent: Saturday, June 25, 2022 11:37 AM To: Matos, Kathryn Subject: Re: Height workshop Thank you so much for the quick response. I was trying desperately to find that link and I could not figure it out! This is a great presentation and I am so grateful to see TOD leading the presentation with a focus on environmental effect. My question/comment for the record: Ace Tilton Ratcliff PO Box 696 Boynton Beach, FL 33425 In this excellent presentation, I don't see anything discussed about the way the height of buildings affects the local bird population. Of course,this conversation centers Boynton Beach residents, but part of what makes our city wonderful is the diversity of our wildlife.South Florida provides home to an incredible number of migratory and local birds. Every year in the US, nearly one billion birds collide with glass,and most of the fatalities happen in buildings well under the height we're discussing. In New York City, lawmakers recently passed a bill to update building code with design and construction requirements to make buildings safer for birds using avian-friendly materials. In conversations like this, it's necessary that we think about our influence on the birds and other animals that live with us.What will Boynton Beach be doing to ensure that our code, especially for tall buildings, minimizes impact on our wildlife as well as our residents? (And just in case it can be passed on, here's an article about that:https://www.bloomberg.com/news/articles/2019-12-13/nyc-is- making-its-buildings-bird-friendly) Warmly, Ace Tilton Ratcliff I they/them Stay Weird, Be Kind Twitter I Instagram 561-376-3640 Access is a human right for all, regardless of disability status. To facilitate open communication, I am happy to: limit e-mail to specific times of day; use subject line keywords; use (or not use) bold, italics, or other styles for legibility; use specific quoting patterns (above, below, point by point); reformat for screen readers, or anything else you may find helpful. 1 On Jun 25, 2022, at 11:07 AM, Matos, Kathryn<MatosK@bbfl.us>wrote: No problem! Here's a link to the agenda,the presentation is included: https://bovntonbeach.novusagenda.com/ARendaPublic/MeetingView.aspx?MeetingID=514& MinutesMeetingID=-1&doctvpe=Agenda Click on Item B, and then click on "other" on the bottom of the screen Thanks! Kathryn Matos Assistant City Manager City Manager's Office Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-742-6012 I 561-742-6011 Y MatosK@bbfl.us ( boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject tc communication and your e-mail address may be subject to public disclosure. From:Ace Ratcliff<ace@stavweirdbekind.com> Sent:Saturday,June 25, 2022 11:04 AM To: Matos, Kathryn <MatosK@ibbfl.us> Subject: Height workshop Hello, Ms. Matos, I am so sorry; due to medical issues, I was unable to attend the first hour of today's workshop. Is there any way I can access the presentation that was made during the first hour to view it as I listen to the commission and public comments?Or do I have to wait until after to watch the recording? Thank you. Warmly, Ace Tilton Ratcliff I they/them 2 • Stay Weird, Be Kind Twitter I Instagram 561-376-3640 Access is a human right for all, regardless of disability status. To facilitate open communication, I am happy to: limit e-mail to specific times of day; use subject line keywords; use (or not use) bold, italics,or other styles for legibility; use specific quoting patterns(above, below, point by point); reformat for screen readers, or anything else you may find helpful. 3 De Jesus, Maylee From: Ramona Alleyne Young <jrsygrl129@gmail.com> Sent: Saturday, June 25, 2022 11:46 AM To: Matos, Kathryn Subject: Future vision The commission appears to be limiting the growth of the city. There are 80,000 people here and growing. Limiting growth will prohibit taxable income. Broad-spectrum feasibility studies need to be done to incorporate the concerns of all.