Local Planning Agency (2024-11-12)

TOWN OF HILLSBORO BEACH LOCAL PLANNING AGENCY MEETING NOVEMBER 12, 2024 9:00 A.M.

**CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE**

Mayor Dawn Miller called the meeting to order at 9:00 A.M. Roll was called with the Commission members and staff present as listed below.

**Town Commission:** Mayor Dawn Miller Vice Mayor Barbara Baldasarre Commissioner Jane Reiser Commissioner Vinnie Andreano Commissioner David A. Ravanesi

**Town Staff:** Town Manager William “Mac” Serda, ICMA-CM Donald J. Doody, Town Attorney, Esq. Town Clerk Sherry D. Henderson, CMC

The Proposed Amendment Will Be Considered During a Meeting by the Local Planning Agency November 12, 2024 @ 9:00 A.M.

**I. QUASI-JUDICIAL PUBLIC HEARING**

A. The Local Planning Agency to consider the Proposed Rezoning of Parcels A and B of the Enclave of Hillsboro Plat from the RM-16 Zoning District to the CD Zoning District. Property is Located at 1174-1185 Hillsboro Mile, Hillsboro Beach, Florida 33062.

Property Owner: Hillsboro Mile Property Owner, LLC Address: 1174-1185 Hillsboro Mile, Hillsboro Beach, Florida 33062 Staff: Jim Hickey, Planning Dept Director, CG&A Solutions

Town Attorney D.J. Doody reviewed the responsibility of the Local Planning Agency (LPA) under Florida Statutes and swore in all individuals giving testimony during the meeting.

Planning Consultant Jim Hickey explained that when a Comprehensive Plan Amendment or Rezoning is considered by a municipality, the LPA must meet to ensure that the goals, objectives, and policies of the Town’s Comprehensive Plan are met. They are also asked to ensure that the Land Development Code is consistent with those changes. He characterized this as the first step in the rezoning process.

Mr. Hickey reviewed the Staff Report for the LPA members, noting that the Applicant for this Item is Hillsboro Mile Property Owner, LLC. The Applicant wishes to rezone 10.998 gross acres of the property located at 1174-1185 Hillsboro Mile from Multiple Dwelling-Residential (RM-16), which has a three-story maximum height, to Coastal Dune Conservation (CD). The parcels are described as Parcels A and B of the Enclave at Hillsboro Beach.

To consider the proposed rezoning, the LPA is asked to look at the Town’s regulations as well as State Statutes. This includes determining whether the proposed rezoning is consistent with the goals, objectives, and policies of the Town’s Comprehensive Plan. The rezoning and proposed Site Plan must be consistent with the Town’s Land Development Code. The site’s previous plat, which includes 12 parcels, is replaced by the proposed plat.

The property’s future land use designation is Residential Medium, which allows a maximum density of 16 dwelling units per acre. The Comprehensive Plan does not establish a maximum height within the Town; the actual height of buildings is instead regulated by the Land Development Code. The project proposes a density of fewer than 10 units per acre, which is less intense than the maximum density allowed under RM-16 zoning.

Staff have conducted an analysis of the Town’s Comprehensive Plan, including all elements, objectives, goals, and policies, to determine whether the proposal is consistent with that Plan. Mr. Hickey reviewed the following items: * Objective 2.1: using current and updated land development regulations, continues to coordinate development approvals and future land use planning with the appropriate topography, soil conditions, facilities, and services currently with the impacts of development; * Policy 2.1.1: requires a development review process to identify the cumulative impacts of development, review all proposals for development or redevelopment, base approval of same on the continuing maintenance of all Levels of Service (LOS) standards, and ensure that municipal services are available concurrently with the impacts of development * Housing Goal 3.0: ensures that structurally safe and adequate residential shelter is available to all residents and visitors of the Town * Policy 3.1.2: ensures through development review practices that all new and redevelopment construction activities conform to Building Code; recreation and open space: provides for individual lot access to the beach or Intracoastal Waterway for beach renourishment and emergency access * Policy 4.2.1: requires future multi-family development to include on-site private recreational amenities * Policy 4.4.1: enforces the recreation and open space provisions of the Town’s Comprehensive Plan and continues to enforce land development regulations that designate the beach area east of the Town’s easterly building line for open space and conservation * Transportation: ensures that traffic studies are completed and right-of-way access maintained or reviewed and approved through the Florida Department of Transportation (FDOT) * Goal 6.0: develops, redevelops, and maintains a coastal resort residential community in a manner which minimizes potential natural and financial impacts to develop upland properties while preserving beach, shoreline, and tidal water resources while enhancing resilience to sea level rise and impacts * Policy 6.1.1: uses land development regulations from all applicable coastal regulation activities of the Environmental Protection Agency (EPA); the Florida Departments of Transportation, Environmental Regulations, and the South Florida Water Management District; and the County’s Environmental Quality Control Board and Water Management Division * Policy 6.3.1: prohibits the destruction of the remaining undeveloped dune communities east of the Town’s setback line * Policy 6.3.2: uses best management techniques for the maintenance of the dune system on developed properties * Objective 6.9: redevelopment and post-disaster redevelopment shall be implemented to minimize public and private vulnerabilities to future disasters and sea level rise * Policy 7.3.6: preserve environmentally sensitive lands which are local areas of particular concern, and use the land development regulation procedure for protection and preservation, which involves notification and protection of private property owner rights

Mr. Hickey noted that land use implementation is included in the Town’s Comprehensive Plan to guide the Land Development Code’s interaction with that Plan. Town zoning, with respect to permitted uses and densities, must be in compliance with or more restrictive than the requirements of the Land Use Plan. In this case, “more restrictive” means zoning which permits fewer uses than permitted by the Land Use Plan on a parcel of land, or, for a parcel of land designated as residential on the Land Use Plan, a lower residential density than permitted by the Land Use Plan. The Town can be more restrictive, but not less restrictive, in the land use regulations in comparison to the Comprehensive Plan.

Staff reviewed all criteria in the CD zoning district to identify whether or not the Application and Site Plan meet those criteria. These include: * Density is designated as Residential-Medium * Includes a local area of particular concern, identified as the 10.998 acre site * No less than five gross acres or more * Uses permitted are those allowed within RM-16 zoning * Accessory uses reviewed * Height regulations are consistent; the maximum height of the proposed building is 130 ft. from the average dune height of the property on parcel B, which is on the east side of A1A and has a maximum height of 10 stories; height is consistent with RM-16 zoning on the west side of A1A, which allows up to 35 ft. in height for a maximum of three stories * Decorative features would be an additional 15 ft. above the maximum height on each parcel, which would be 145 ft. on Parcel B and not more than 25% of the roof or any other amenities; for Parcel A, the maximum height is 50 ft. with decorative features * Shade features and landscaping: as identified on the Site Plan * Project meets all parking regulations and provides more parking than is required for the development * Front yard setbacks for the actual building are 105 ft. 2 in. for any structure above 15 ft. above grade; for structures below that height, the setback is 45 ft.; the west parcel is set back more than 170 ft. from the roadway * Side yard setbacks: these are roughly 107 ft. each on the north and south sides of Parcel B and 35 ft. for structures less than 15 ft. in height; for Parcel A, the north side setback is 30 ft. 11 in. and 27 ft. 10 in. on the south side * Rear yard setback: this is 45 ft. on the east side and 29 ft. on the west side * Lot size: acreage for Parcel B is 5.609 and 5.379 for Parcel A * Lot density: 10 units per acre are proposed for a total of 92 units; lots have a minimum of 55% open area, with 11.54% of paved recreation area * Project is compliant with floor area regulations, emergency power, storage, and sanitary requirements

Mr. Hickey advised that Site Plan approval includes consideration of what is submitted during the public hearing on the Item. The Site Plan complies with the requirements set forth in the Town’s Land Development Code.

Written findings of fact under Chapter 166.0331 of Florida Statutes include: * Proposed rezoning conforms to the requirements of the Town’s Comprehensive Plan regarding density, intensity, and permitted uses of the previously approved Site Plan * Proposed rezoning is consistent with the goals, objectives, and policies set forth in the land use, housing, recreation, open space, transportation, coastal management, conservation, and capital improvement elements, as well as the implementation section of the land use element * The maximum height of any structure is regulated by zoning district within the Town’s Land Development Code, and the height of the proposed development meets requirements set forth in the CD zoning district * Rezoning of the subject property and Site Plan meet all regulations set forth within the CD zoning district, including qualified developments, uses permitted, height, parking, yard area, density, emergency, power, storage, employee sanitation, and Site Plan approval * Town Clerk verifies that all notices and advertisings have been satisfied for Florida Statutes and the Town’s Code of Ordinances

Based on these analyses and findings of fact within the Agenda memorandum, there is a basis on which the LPA can consider recommending the Application to move forward. The rezoning is consistent with the goals, objectives, and policies of the Comprehensive Plan, as well as with the Land Development Code requirements set forth in the Town’s Land Development Code.

Jeffrey Bass, representing the Applicant, requested that a copy of the record of today’s LPA meeting be incorporated into the record of the Town Commission meeting which will follow. He thanked Staff for their review of the Application, emphasizing that the Town’s Comprehensive Plan does not regulate height. The CD district includes a height limit with which the Application complies. It also encourages an increase in the amount of open space, enforces open space and vegetation open space provisions with respect to beach and dune preservation, and is consistent with conservation and coastal management elements within the Comprehensive Plan.

Ray Fort, 2900 Oak Avenue, Miami, architect representing the Applicant, reviewed the design of the proposed Rosewood Residences, which includes energy efficiency, climate resiliency, and passive sustainable design. It incorporates state-of-the-art building techniques and materials and emphasizes the movement of light and air through use of setbacks and landscaping.

The site consists of two five-acre parcels on the east and west sides of Hillsboro Mile. Parcel B includes a dense coastal dune which serves as a buffer between the ocean and the cleared portion of the lot. The proposed height is intended to maximize setbacks and minimize the buildings’ footprints while respecting the context of existing building heights. Mr. Fort asserted that there is nothing novel about the height of the proposed project.

Landscaping was prioritized along Hillsboro Mile, with generous use of berms and open space. The project uses sustainable building techniques to provide more light and air in buildings that are reflective of contemporary architecture. It includes deep balconies, glass, and landscaping that is integrated into the adjacent coastal dunes. All parking is internalized beneath the building, so it is not visible from the street. This helps to elevate the project’s habitable space out of the flood zone.

Mr. Fort showed views of the site including its setbacks, noting that they provide access points to the beach, specifically for purposes of beach renourishment. They also conceal the project’s loading and operational services by moving them within the building.

While RM-16 zoning requires 15% open space, the CD district requires 55% open area, which is an increase of approximately 23,931 sq. ft. This translates to roughly half an acre. Although the existing RM-16 density would permit the construction of 188 units, the CD district would allow 109 units; however, the project as currently proposed will have only 92 units.

Mr. Fort concluded that the project proposes multiple scales of development which are tied together by its landscaping and design.

At this time Mayor Miller opened the public hearing.

Ruth D’Agostino, 1021 Hillsboro Mile, requested clarification of whether or not the project will employ Leadership in Energy and Environmental Design (LEED) certifications or sustainability. These features can improve the site’s carbon footprint and the use of asphalt in particular.

Joseph Polka, 1187 Hillsboro Mile, noted that as excavation occurs near an access road on the north side of the property, the landscaping barrier is becoming thinner. He requested clarification of the width of the landscaping proposed by the Applicant.

Deb Raphael, 1172 Hillsboro Mile, stated expressed concern with privacy and loss of access to the beach, and requested clarification of the Applicant’s provisions for the south side of the project.

Deb Tarrant, 1083 Hillsboro Mile, speaking via Zoom, advised that the landscape plan along A1A, which includes palm trees, would require power lines to be buried before it can be accomplished.

Richard Crusco, 1194 Hillsboro Mile, speaking via Zoom, stated his opposition to rezoning the property via Ordinance 2024-06. He noted that a lawsuit has been filed in Broward County Circuit Court in opposition to the rezoning. He felt the height variance granted by the Ordinance would be excessive. The Ordinance would allow three other Hillsboro Mile properties to undertake similar development to the Application before the LPA today.

Mr. Crusco continued that it is not in the Town’s best interests to allow multiple buildings of up to 130 ft. in height within less than one mile of one another. He concluded that Ordinance 2024-06 constitutes spot zoning and advocated for unity rather than divisiveness going forward.

Tim Rowe, 1200 Hillsboro Mile, requested clarification of plans to bury power lines in the subject area, including when that step would be taken as part of the project.

Andrew Burnstein, 1238 Hillsboro Mile, asked if the Applicant is confident that they can move forward on the project within the new year with the incoming Federal administration.

At this time Mayor Miller closed the public hearing.

Mr. Bass advised that he would address questions raised during the public hearing at the Town Commission meeting which would follow today’s LPA meeting.

Commissioner Reiser asked if the Applicant’s team could provide a rendering that identified the local area of particular concern. Mr. Fort clarified that this rendering showed the dune situated to the right of the building.

Commissioner Reiser pointed out that the rendering in question showed that the dune and its vegetation could not be touched by the developer and requested clarification of the height of the trees at that location. Mr. Fort estimated that these are 19 ft. tall from grade elevation, or approximately two stories. He pointed out that because parking will be placed beneath the building, the first floor of the building can be elevated above the dune.