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Agenda 07-25-23 The July 25, 2023 Meeting of the Planning and Development Board did not take place due to lack of a quorum The City of Boynton Beach Planning and Development Board Agenda Tuesday, July 25, 2023, 6:30 PM City Commission Chambers 100 E. Ocean Avenue Boynton Beach, FL 33435 Boynton Beach Planning and Development Board Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. M r'rM'"'f�� Y✓i�+m" '"�f r:�" '� �r,.�+" top '41,,,,el del, In www.boynton-beach.org ..... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........._ 1. Pledge of Allegiance 2. Roll Call 1 3. Agenda Approval 4. Approval of Minutes A. Approval of Minutes Approve the minutes from the June 27, 2023 Planning and Development Board meeting. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business A. The abandonment of road right-of-way for Shalimar Approve the request for the abandonment of the thirty foot (30') wide road right-of- way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. Applicant: Rene Gutierrez, TM Residential, LLC B. Bay Walk (MSPM 23-004 & MPMD 23-003) Approve request for Major Site Plan Modification (MSPM 23-004) and Master Plan Modification (MPMD 23-003) of the Bay Walk development consisting of 25 dwelling units, associated recreational amenities, required parking and related site improvements on a 2.27-acre property, located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. C. Bay Walk Variance (ZNCV 23-003) Approve request for a Variance from Part III, Chapter 3, Article III, Section 8.13.6 of the Land Development Regulations (Building and Site Regulations) requiring an eight (8) foot wide Active Area along North Federal Highway, to allow a six (6) foot wide Active Area along North Federal Highway, a variance of two (2) feet, a property located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. 8. Other 9. Comments by Members 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within fifteen minutes of the noticed start tiem of the meeting, the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members my not participate further even when purportedly acting in a informal capacity. Decorum Any person who disrupts the meeting while addressing the Advisory Board may be ordered by 2 the presiding officer to cease further comment and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless overruled by the majority vote of the Advisory Board members present. 3 4.A Approval of Minutes 07/25/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/25/2023 Approval of Minutes Requested Action by Commission: Approve the minutes from the June 27, 2023 Planning and Development Board meeting. Explanation of Request: N/A How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: PDB Meeting Minutes—June 27, 2023.pdf 4 MINUTES PLANNING AND DEVELOPMENT BOARD A„ 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, JUNE 27, 2023, 6:30 P.M. PRESENT: STAFF: Chris Simon, Acting Chair Amanda Radigan, Planner and Zoning Director William Harper Andrew Meyer, Senior Planner Courtlandt McQuire Jae Eun Kim, Principal. Planner Thomas Ramiccio,Alternate Heather Needelman,Assistant City Attorney Leslie Hannon , Prototype, Inc. ABSENT: Butch Buoni, Vice Chair William Cwyner, Alternate Tim Litsch Jay Sobel GUESTS: None. Amanda Radigan, Planning and Zoning Director, noted that Trevor Rosencrans had resigned from the Board and the Vice Chair was absent. Motion made by Mr. McQuire, and seconded by Mr. Ramiccio,to appoint Mr. Simon as Acting Chair for the June 27, 2023,meeting. Motion passed unanimously(4-0.). The meeting was called to order at 6:30 P.M. 1. Pledge of Allegiance The Board recited the Pledge of Allegiance. 2. Roll Call Roll was called and it was determined that a quorum was present. 3. Agenda Approval Motion made by Mr. Ramiccio, and seconded by Mr. McQuire, to approve the agenda. The motion unanimously passed (4-0). 4. Approval of Minutes 4.A. Board minutes from the April 25, 2023,Planning&Development Board meeting 5 Meeting Minutes Planning and Development Board Page-2 Motion made by Mr.McQuire, and seconded by Mr. Harper,to the April 25, 2023,meeting minutes. The motion unanimously passed (4-0). 5. Communications and Announcements: Report from Staff Ms. Radigan reported that Mr. Rosencrans resignation was after 10 years of service and the City thanks him for his dedication. She said that the City Commission will be discussing the new Advisory Board ordinance on July 18, 2023, so it has been recommended to hold off assigning a new Chair or Vice Chair until the ordinance has passed. She also noted that City Commission heard and passed the items concerning the indoor training facility and the car wash. She welcomed new City Planner, Jae Eun Kim. 6. Old Business: None. 7. New Business: 7A. CPTA 23-001: Approve amendments to the Comprehensive Plan that implement the addition of a Property Rights element per new statutory requirements based on the Evaluation and Appraisal Review(EAR). Andrew Meyer, Senior Planner for the City, introduced the item. He noted that the EAR is required by State statute, and that every seven years the City must determine whether the need exists to amend the Comprehensive Plan, to reflect changes in State requirements since the last time it was updated. He explained the State requirements, the proposed amendments, and the phases for adoption. He said that staff recommends approval of the proposed Comprehensive Plan text amendments to transmittal to the Florida Department of Economic Opportunity(DEO). He described the next steps and timeline. Mr. McQuire asked for the proposed amendment to be put in layman's terms and provide an example of where it may be used in the future. ,. Mr. Meyer said that the language is based on the State Statute. He noted that they require municipalities to adopt language or"own"language. He added that the"own"language of property rights cannot conflict with the statement of property rights in the State Statute. Ms. Radigan added that this does not afford any additional rights and it is essentially a restatement of Constitutional rights within the United States. Mr. McQuire asked if this has do with the issue that was brought up at the last Commission meeting regarding leasing agreements. Mr. Meyer replied no. 6 Meeting Minutes Planning and Development Board �une-2.3—,2023 Mr. Ramiccio asked if there is anything currently in the Comprehensive Plan that provides for property rights. Ms. Radigan reported not directly. She explained that it was never required to reiterate those requirements in City's Comprehensive Plans until last year's legislative session. She noted that it is taken almost verbatim from the State Statute requirements. Acting Chair Simon clarified that this is taking State verbiage and applying it to the Boynton Beach Comprehensive Plan. Ms. Radigan provided a brief history. Mr. McQuire asked if it has anything to do with recent closures of parcels. Ms. Radigan said no. Acting Chair Simon opened the floor to public comment. No one came forth to speak. Motion made by Mr. McQuire, and seconded by Mr. Ramiccio,to approve the proposed amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. The motion passed unanimously(4-0). 7.B. Approve modifications (CDRV 23-005) amending Part III. Land Development Regulations, Chapter 2,Article Il, Section 5. Permit Applications and Chapter 4, Article I. Environmental Protection Standards, to create a landscape permit review and approval process and to modify preservation and mitigation regulations. Jae Eun Kim,Principal Planner for the City, introduced the item. She noted that the current LDRs do not outline or define a review criteria, or process,when it is necessary to remove tree,palms,or for land clearing. She said that the proposed amendment establishes a Landscape Permit in the LDRs to address such required or necessary removal, with respect to the preservation effort. She mentioned that the landscape permit includes three(3)notable points to direct applicants: 1. Exemption. The exemptions are currently defined to allow tree and palm removal without any replacement and are regulated under Chapter 4, Article 1. Environmental Protection Standards. The amendment proposes to relocate the exemptions under a new landscape permit procedure and further clarify them to be user-friendly. 2. Different events. The removal of trees or palms can be necessary to preserve a healthy environment and neighborhoods,and further public safety, such as tree clearance by a utility company,or removal of invasive species. Under the current regulations,replacement is not required for such removal. The proposed amendment will require replacement with respect to the approved landscape plan and consideration to the existing site conditions. 7 Meeting Minutes Planning and Development Board Page-4 June-23-,2023 3. Review criteria and approval process. A landscape permit establishes and emphasizes the review criteria that warrant the requested removal of trees or palms being consistent with the expiration, as it is a permitting tool for tree or palm removal. She said that the amendment proposes different mitigation options regarding replacement requirements for tree or palm removal,whereas,the current LDRs regulate the tree caliper replacement only. She stated that this amendment also proposes to remove subsection E, Exemptions, from Chapter 4, Article 1 and rewrite them under a Landscape Permit to provide a comprehensive and uniform review process for tree or palm removal while being consistent with other Articles in the LDRs. She commented that the amendment for Article 1. Environmental Protection Standards can be outlined with three notable points: 1. Review and Exemptions • Exemptions to the City approval requirements for a development application pertaining to the existing trees and palms are removed or rewritten under a Landscape Permit. • The subsection referencing invasive species is updated and rewritten for clarification, and the removal process of invasive species is recollected under a Landscape Permit procedure. 2. Mitigation. Three types of mitigations will direct the development of applications pertaining to the tree or palm removal. • Caliper Replacement: The cumulative caliper inches of existing trees to be removed is required to be replaced on-site with an equal or greater number of caliper inches of replacement canopy tree(s). • Canopy Replacement: If trees or palms are removed before obtaining approval of a landscape permit, the number of replacement trees or palms required is based on the removed canopy areas, in square feet. This is determined by using aerial photography, photos, or review of a tree survey. Replacement canopy area credit is required to equal the canopy area removed. • Payment in-lieu of Replacement: Upon determining that replacement of removed or to be removed trees or palms is not feasible, due to the lack of available planting space, an applicant will have an option to meet all or part of the replacement for the tree(s) or palm(s)by paying into the Tree Canopy Trust Fund an amount of money based on the payment schedule set by the City Commission by resolution. 3. Fertilizer Use Regulations/ Fertilize regulations are currently defined under both Chapter 4, Article 1, Section 5. Fertilizer Regulations and Chapter 4, Article XII. Fertilizer Use Regulations. This amendment proposes to remove the fertilizer regulations from Article 1 and refer it to Article XII. Fertilizer Use Regulations, as approved via Ordinance 11-019. Acting Chair Simon opened the floor to public comment. No one came forth to speak. Mr. Ramiccio asked for clarification of the separation of trees and palms. Ms. Kim said that they are referred to separately since they have different values and functions, to be consistent with today's landscape industry. 8 Meeting Minutes Planning and.Development Board. Page-5 lune 27,-202µi Mr. Ramiccio said that he understands the separation but wants to make sure palms are not devalued too much. He asked about other issues. He asked about removing invasive species and replacement. Ms. Radigan stated that currently,if an invasive species is removed,there is no requirement to replace it. She said that if the removal of the invasive species was required as part of an approved plan, it must be replaced on a one-for-one basis. Discussion ensued about invasive species and replacement. Ms. Radigan said that the payment in lieu of can only be used with the Planning and Zoning Director's approval. She stated that it is not to provide mitigation of trees and it is a tool only if a tree cannot physically be put back. She provided an example from an HOA and their three-year phase approach to meet the mitigation requirements. She noted that this gives options to provide greening whenever possible and, if infeasible, to mitigate what is required. Acting Chair Simon stated that he understands the concerns of staff and the plan of the City. He said that in his experience, instead of mitigation dollars going into a fund, developers were required to install material equal to the mitigation. He asked if this type of arrangement could be considered in addition to the Tree Canopy Fund. Ms. Radigan said that it is a very interesting idea and it would alleviate the pressure on the staff. She said she would be happy to research. Acting Chair Simon said that in his experience,it is typically caliper or canopy. He spoke about a canopy credit. Ms. Kim said that the first option is to replace the caliper, and only use the canopy if the trunk has been completely removed. Ms. Radigan noted that this is a tool to correct mistakes that were done without City approval. Acting Chair Simon said that they need to add more trees and vegetation to projects. He noted that he does not see any verbiage or credits for natives versus non-natives. Ms. Kim said that it will be addressed in a separate amendment. Acting Chair Simon asked about requiring sod. Ms. Kim said that the current Code would require mulch or seed for clearing cropping. She said that they are removing old language and replacing with sod. Acting Chair Simon responded good, and he agrees with the sodding. 9 Meeting Minutes Planning and Development Board Page-6 —June 27-,2,023 Motion made by Mr. Harper, and seconded by Mr. Ramiccio, to approve the subject amendments to the Land Development Regulations to establish a procedure for a Landscape Permit and mitigation options to be utilized for development applications pertaining to the removal of trees or palms. Motion passed unanimously(4-0). 9. Comments by Members The Board requested that Ms. Radigan send them a copy of the Live Local Presentation. Mr. McQuire asked Ms. Radigan if she could send updates on projects that are in process. Ms. Radigan agreed to copy the Board on future economic update emails. Acting Chair Simon asked about the Annual Report. Ms. Radigan noted that they are still in the process of receiving and reviewing comments. Mr. McQuire noted that he attended the grand opening of the Avalon, and it is a nice apartment building. 10. Adjournment Upon Motion duly made and seconded,the meeting at was adjourned at 7:50 P.M. [Minutes prepared by T.Baclawski,Prototype,Inc.] 10 7.A New Business 07/25/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/25/2023 The abandonment of road right-of-way for Shalimar Requested Action by Commission: Approve the request for the abandonment of the thirty foot (30') wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. Applicant: Rene Gutierrez, TM Residential, LLC Explanation of Request: Pursuant to Condition 10 of the approved Master Plan (MPMD 22-001) and Site Plan (NWSP 22-001) for the Shalimar Mixed Use Development, the petitioner is initiating a Vacation and Abandonment Application for the abandonment of the thirty foot (30') wide platted right-of-way that runs along the west side of the property prior to permitting. The platted road right-of-way has never been improved as a road and there is no evidence of existing utilities located within the road right-of-way. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Exhibit A- ROW Legal Description.pdf Exhibit B - Location Map.pdf Exhibit C - Survey - ROW Abandonment.pdf Exhibit D - Justification Statement - ROW Abandonment.pdf Exhibit E - Development Orders for Shalimar Abandonment and Vacation Staff Report Memo 23-011.pdf 11 EXHIBIT "A" - LEGAL DESCRIPTION LEGAL DESCRIPTION (30' ROADWAY) A PORTION OF A 30-FOOT-WIDE ROADWAY, AS SHOWN ON THE PALM BEACH FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00048'49"WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 0.672 ACRES (29,294 SQUARE FEET) MORE OR LESS. 12 EXHIBIT "B" - LOCATION MAP ■ . ■ . City Boundary Proposed Shalimar Development Proposed ROW Abandonment k , i 1 , 1 9� y I m V Nilas , ' � u �w6 uuuuuuYuuuuuuuuuuuuuuuuuuuuuuuu � vu �'r I�� '�iuuuuuuuuuuuuuuuuuuuuuuuuu„,,y,I,! t °!� °�! J�� ”; �j uuuuy��WuuuuuuuuVVVV��I �0 a, w tl s. 1:4,514 0 0.0375 0.075 0.15 mi y.....aa ...wa..�.... .... ....... ..._ „ ..n..... ._-J 13 MP- 00 N I O co co I �O I L z I I I 3nN3AV SS3&DN03 0 00 Q LU Q � LU (IMA Himi a > O Q w J Q J m z U U) pON 30V2Rtl31 O - O m AHJ38VNIH:D O ~ Q ~ °z Q O LU 0�1 .�3noo ,o.0 I--- z O m GVO�l 30N32JAAV� [)UNAY Gn„wir't^Iftcuuaay ddral:nI,q"1df°uraosu•n CIhnmWgooma Irfflw*nku Io11nIII im,11815keIt IIlIcfka a son D YId I I1114IM edge ScottlBackitran d..e Zachwiacdws kfffteSclhIwIdIm 11::o iic Cautt"Min Maltl eww Ilt Cott Saii a Thoicrpso n Shalimar at Boynton Beach Statement of Use and Justification for Abandonment of Right-of-Way Southwest Corner of Boynton Beach Boulevard and Knuth Road SBB 250 SPE LLC("Petitioner") is the owner of the 12.506-acre parcel ("Property') located at 3570 W Boynton Beach Boulevard, referenced by Parcel Control Number 08-43-45-30-24-000-0020, which is generally located at the southwest corner of Boynton Beach Boulevard and Knuth Road within the City of Boynton Beach ("City") in Palm Beach County("County"), Florida. The Property was originally designated LRC, Local Retail Commercial, on the City's Future Land Use Map ("FLUM") pursuant to Ordinance 89-38 and was located within the PCD, Planned Commercial Development, zoning district pursuant to Ordinance 02-013. On June 15, 2021 the City adopted Ordinance 21-014 to amend the Property's future land use designation from LRC to MXL, Mixed- Use Low, and Ordinance 21-015 to amend the Property's zoning from PCD to SMU, Suburban Mixed Use. Subsequently, on July 5, 2022,the City Commission approved a Master Plan and Site Plan to allow development of the Property as a mixed-use residential and commercial development inclusive of 250 residential units,two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and 514 off-street parking spaces ("Project"). Pursuant to the Planning and Zoning Condition 10 of the Project approval, Petitioner is required to initiate a Vacation and Abandonment Application for the abandonment of the platted right-of-way that runs along the west side of the Property prior to permitting. As such, Petitioner hereby submits a Vacation and Abandonment Application to abandon the thirty foot(30')wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. The platted road right-of-way has never been improved as a road and there are no existing utilities located within the road right-of-way. In accordance with the foregoing, Petitioner respectfully requests approval for the requested Vacation and Abandonment of the platted thirty-foot (30') right-of-way. 14 S E,4fir SO ect,LfltO 16, I:3cc w Raton,F:L 33432 11d l561 1405-3300 F;ax�f5611 4M2W www ,cdInlwb9.ama oIn 15 ,fhe 01)r of Boyrtt.on, Beach, Planning and Zwting Division 1.00 E Ocewi Ave Boyr¶tco'i Bead'i„ Flodda 33426 (IP); 561-242-6260 July 7,2022 Rene Gutierrez TM Residential,LLC 2601 South Bayshore Drive, Ste. 1460 Coconut Grove,FL 33133 RE: Shalimar at Boynton Beach File No.: MPMD 22-001&NWSP 22-001 Location: Southwest corner of W.Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive Dear Mr. Gutierrez: Enclosed is the Development Orders granted by the City Commission on July 5th,2022 for Major Master Plan Modification and New Major Site Plan approval(MPMD 22-001&NWSP 22-001)a mixed-use development consisting of 250 residential units,two (2)2,150 square foot retail buildings,a 9,850 square foot clubhouse,and associated site improvements.This approval is valid for an eighteen(18)month period from the above-noted date of approval. In order to maintain vested status,a building permit must be secured or an extension applied for before the eighteen(18)month period expires. To continue this project through the development process,please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of these Development Orders, including the conditions, must accompany the submission of the fully amended site plan set.The person managing your permit applications should be made aware of any additional documents and any third-party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions,the plans will be returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any DART member for additional clarification of comments. Irtant:If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,please contact our staff for a review before submitting a permit package to the Building Division. A copy of the complete Development Order and Amended Site Plans reflecting the"Conditions ofApproval"must be submitted to the Building Department along with the first permit request to avoid any delays in the processing of your permit Should you have any questions regarding this matter,please feel free to contact this office at(561)742-6260. Sincerely, w Mike Rumpf,Planning&Zoning Administrator Enc: DO w/COA S:\Plwming\SHARED\WP\PROJECTS\Knuth Rd(aka Shalamar)\Shalimar MPMD 22-001&NWSP 22-001\ApMval Letter for MPMD 22-001 NWSP 22-001.doc 16 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) APPLICANT: Rene Gutierrez, TM Residential, LLC APPLICANT'S ADDRESS: 2601 South Bayshore Drive, Ste. 1460, Coconut Grove, FL 33133 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2022 APPROVAL SOUGHT: Approve the Shalimar at Boynton Beach Master Plan Modification application (MPMD 22-001) to construct a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. LOCATION OF PROPERTY: Southwest corner of the intersection of W. Boynton Beach Boulevard and Knuth Road. DRAWING(S): SEE EXHIBIT"B"ATTACHED HERETO. __ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant /HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicnt's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: ... ...._..........._...m................. ...-...m.ww��w.x�. �.. A o w� w ____..._._ww.......................... ..................... DATED: 19 Cit � .... y lerk i 5:1Planning\SHARED\WP\PROJECTS\Knuth Rd(aka Shaiamar)\ShalimatlP D 22-001 &NWSP 22-001\MPMD 22-001 and X001 DO.doc 17 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) APPLICANT: Rene Gutierrez, TM Residential, LLC APPLICANT'S ADDRESS: 2601 South Bayshore Drive, Ste. 1460, Coconut Grove, FL 33133 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2022 APPROVAL SOUGHT: Approve the Shalimar at Boynton Beach New Major Site Plan application (NWSP 22-001) to construct a mixed-use development consisting of 250 residential units, two (2)2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. LOCATION OF PROPERTY: Southwest corner of the intersection of W. Boynton Beach Boulevard and Knuth Road. DRAWING(S): SEE EXHIBIT"B"ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appl' ant _HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The AppI' nt's request is hereby _GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order.. ' TO 7. Other: d' k 3 DATED: m ._.. :.._.._ :M.::.._ . City Jerk " O \ S:\Planning\SHARED\WP\PROJECTS\Knuth Rd(aka Shalamar)\Sha ar M 'MD 22-001 & PSP 22-001\NWSP 22-001 D 18 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan Planning and Zoning Director FROM: Luis Bencosme, Planner 11 DATE: June 20, 2022 PROJECT NAME: Shalimar at Boynton Beach (NWSP 20-004) REQUEST: Approve request for Master Plan Modification (MPMD 22-001) and New Major Site Plan (22-001) to Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) retail buildings totaling 4,300, a 9,850 square-foot clubhouse, and associated site improvements. PROJECT DESCRIPTION Property Owner: SBB 250 SPE LLC Applicant: Rene Gutierrez, TM Residential, LLC Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel & Backman, LLP Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive (see Exhibit"A:'—Site Location Map) Existing Land Use: MXL (Mixed Use Low) Proposed Land Use: MXL (Mixed Use Low) Existing Zoning: SMU (Suburban Mixed Use) Proposed Zoning: SMU (Suburban Mixed Use) Proposed Use: Mixed use development with 250 residential dwelling units, 4,300 square-foot of retail space,9,800 square-foot clubhouse,and associated parking and related site improvements. Acreage: 12.506 Acres 19 Shalimar at Boynton Beach( PM D 22-001&NSP 22-001) Memorandum No PZ 22-010 Page 2 Adjacent Uses: North: Right-of-way for West Boynton Beach Boulevard; further north, developed commercial property classified Local Retail Commercial (LRC)and zoned C3 (Community Commercial). South: City limits; further south, unincorporated Palm Beach County and the Quail Ridge residential If course. East: Commercial outparcelclassified Local Retail Commercial (LRC) and zoned PCD (Planned Commercial Development);further east, right-of- way of Knuth Road followed by a developed commercial property classified Local Retail Commercial (LRC) and zoned C3 (Community Commercial), as well as a developed commercial property classified Local Retail Commercial (LRC)and zoned C1 (Office Professional). West: Platted unimproved right-of-way; further west, city limits followed by unincorporated Palm Beach County and the Quail Ridge residential golf course. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates.The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The proposed Shalimar at Boynton Beach development is located at the southwest corner of W. Boynton Beach Boulevard and Knuth Road. The project site is vacant and totals 12.506 acres. The parcel abuts an existing 0.67-acre platted right-of-way that is required to be abandoned prior to permitting(See Exhibit"C"-Conditions of Approval).The subject property is one of the few remaining large vacant lots within the City limits that could accommodate a large-scale mixed-use development without the need for I and assemblage. The subject parcel was annexed to the City on December 18, 1990. Concurrent with approval of the annexation (Ordinance 090-61), the City Commission approved the associated Future Land Use Map Amendment and Rezoning application (Ordinances 090-69 and 090-70) to provide the parcel a Local Retail Commercial (LRC) future land use classification and Planned Commercial Development (PCD) zoning designation. The applications also included a Master Plan to construct a Planned Commercial Development consisting of 120,000 square feet of commercial space, associated parking and site improvements. However, the parcel has remained vacant. On June 15, 2021 the City Commission approved a Rezoning application (Ordinance 21-015) to amend the parcel's zoning designation from PCD (Planned Commercial Development) to SMU 2 20 Shalimar at Boynton Beach(MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 3 (Suburban Mixed Use),which was intended to encourage the construction of a well-planned mixed-use development in accordance with a relatively new mixed-use zoning district.A principal purpose of this district is to allow a mix of residential and commercial uses to complement the City's commercial core, provide interconnectivity and minimized travel distances,and contribute to the vision intended for the area. The applicant is requesting approval of a Master Plan Modification (MPMD 22-001)and New Major Site Plan (NWSP 22-001),to construct a mixed-use development comprising of 250 dwelling units,two(2)retail buildings totaling 4,300 square feet, a 9,850 square foot clubhouse, and associated site improvements. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. An approval letter from the Palm Beach County Traffic Division, date stamped February 8, 2022, was provided by the applicant. The letter requested that the applicant submit a FDOT conceptual pre-approval letter for the driveway connection onto Boynton Beach Boulevard,which was also provided by the applicant. The traffic study indicates that this project is expected to generate 1,528 net daily trips, 92 net A.M. peak hour trips and 124 net P.M. peak hour trips. School: The proposed development is required to submit an approved SCAD(School Capacity Availability Determination) application to ensure the area schools have adequate capacity to accommodate the potential public-school students who will reside at the project.An approval letter from the County is required prior to permit issuance (See Exhibit"C"-Conditions of Approval). Utilities: The Utility Department has reviewed the proposed Civil Engineering plans and agrees that the City's water capacity would meet the projected potable water demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design)standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The applicant has agreed to implement the necessary drainage solutions. The existing catch basins would be connected to the proposed off-site system. In addition, the proposed drainage manholes would be converted to catch basins, which 3 21 Shalimar at Boynton Beach(MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 4 would be based on their locations vis-a-vis to the existing catch basins. (See Exhibit"C"-Conditions of Approval).The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. Access: The development has two points of ingress/egress.The main vehicular point of access is located on the north side of the project site, connecting to Boynton Beach Boulevard; the secondary point of access is located on the east side, connecting to Knuth Road. These two points of access are interconnected by a two-way drive-isle to ensure safe,adequate and efficient vehicular circulation throughout the site. The project proposes a well-defined network of pedestrian walkways that provide safe and adequate access to the residential and commercial buildings, as well as the provided amenities and rights-of-way. The project proposes a pedestrian connection to the existing public sidewalk located on the south side of Boynton Beach Boulevard — an integral pedestrian connection that provides access to the existing nearby bus stops located on the south side of the boulevard. In order to provide additional pedestrian connectivity,the Engineering Department is requiring a sidewalk along Knuth Road and connection to the eastside parking area. Parking: The standard off-street parking spaces calculation methodology for the SMU (Suburban Mixed Use) zoning district requires 1.5 parking spaces for one- bedroom dwelling units, and two (2) parking spaces for two (2) or more bedroom dwelling units. The project proposes a total of 250 dwelling units comprised of 48 one (1)-bedroom apartments, 166 two (2)-bedroom apartments and 36 three (3)-bedroom apartments. This standard methodology would require a total of 476 parking spaces for the residential component. Additionally, the code requires the provision of guest parking spaces at a rate of 0.15 spaces per unit, adding 38 more required spaces. The retail buildings require one (1) parking space per 200 square feet of gross floor area,which computes to 22 additional parking spaces based on the aggregate gross floor area of the retail spaces.The parking data included in the Site Plan and Justification Statement does not take into consideration the required parking spaces for the proposed residential recreational/amenity areas, which would include the clubhouse and pool area. Therefore, the project is also required to provide five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of the clubhouse dedicated for leasing or management uses (See Exhibit"C" - Conditions of Approval). Under this standard methodology for calculating required off-street parking spaces, the project would be required to provide 541 parking spaces, as well as additional parking spaces needed for the clubhouse. The applicant has been required to submit floor plans for the clubhouse at time of permitting in order to determine the actual number of required parking spaces needed for the office and management office spaces. The applicant has elected to take advantage of the City's Parking Relief for Sustainability provisions,which includes reduced minimum parking ratios of 1.33 parking space per dwelling unit for one-bedroom apartments, and 1.66 4 22 Shalimar at Boynton Beach(MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 5 parking space per unit for two-bedroom apartments.The lower ratio results in a reduction of 76 parking spaces associated with the residential use,and the overall required minimum spaces for the project being 465. The additional parking spaces that may be needed for the clubhouse and pool area will be determined at time of permitting (See Exhibit"C" - Conditions of Approval); however, the projected surplus should be sufficient to support the minimum spaces required for the clubhouse.Also,the applicant is required to submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to construction,and/or provide operational rules, procedures or strategies needed to off-set the realized deficiency (See Exhibit "C" - Conditions of Approval). Therefore, staff has determined that the proposed number of parking spaces would be sufficient to meet code requirements. The site plan provides a total of 514 parking spaces, including ten (10) handicap parking spaces,six(6)parking spaces supplemented with electric charging stations and 49 compact parking spaces. Landscaping: The Plant List(Sheet L1) indicates that the project would add a total of 275 trees, 153 palm trees, 8,247 shrub specimens, and 15,229 small shrubs/groundcover plants. The plant material is proposed within the required perimeter landscape buffer,within landscape islands,and along the right-of-way. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low"or"medium"watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Verawood, Gumbo Limbo, Green Buttonwood, Bridalveil Tree, Japanese Fern Tree, East Palatka Holly,Queen's Crape Myrtle,Kapok Tree, Ligustrum Tree and Live Oak. At time of permitting, the Landscape Plan must include a minimum of 5 percent butterfly attracting shrub and trees,with a minimum of three(3)species of plant material (See Exhibit"C"-Conditions of Approval). Projects proposed in the Suburban Mixed Use (SMU) zoning district are subject to the front yard"Build-to-Line"provisions,which requires buildings to be located in close proximity to the right-of-way. However, buildings fronting a major arterial roadway(i.e. Boynton Beach Boulevard) may be setback a maximum of ninety(90)feet with the provision of a twenty-five(25)-foot wide landscape buffer,which must include a berm.The project proposes a 25-foot wide landscape buffer between the parking lot and the Boynton Beach Boulevard right-of-way, which includes the following features and plant material: 1. A 36-inch tall berm and continuous hedge positioned in the inside portion of the landscape buffer, as well as one (1) tree with a minimum spacing of thirty(30)feet on center; 2. Three (3) shrub species located on the outside portion of the landscape buffer, two (2)of which must be flowering species. Additionally,the project includes landscape buffers along the west,south and east property lines.The landscape buffers consist of canopy trees(i.e.Green Buttonwood, Live Oak,Japanese Fern Tree, Gumbo Limbo and Verawood) spaced approximately 20 feet on center, rows and staggered shrubs (i.e. 5 23 Shalimar at Boynton Beach(MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 6 Podocarpus, Dwarf Clusia and Nora Grant Ixora) and groundcover (i.e. Jasmine Summer Sunset and Green Island Ficus). The buffer along the south property line incorporates a six(6)-foot tall black vinyl coated chain link fence.The majority of the proposed landscape islands include Live Oak trees and clustered Horizontal Cocoplum shrubs,with several smaller landscape islands consisting of East Platka Holly trees and Horizontal Cocoplum. Lastly,the foundation of each residential and commercial building is softened with landcape primarily consisting of a mix of closely spaced palm trees (Solitaire Palm, Montgomery Palm), shrubs (Small leaf Clusia and Podocarpus) and groundcover(Green Island Ficus). Building and Site: The project site consist of a single undeveloped parcel—totaling 12.18 acres abutting W. Boynton Beach Boulevard to the north and Knuth Road to the east. The parcel is adjacent to an existing outpacel that is currently develeoped with a gas station. Also, the parcel is adjacent to an existing, unimproved 30-foot wide right-of-way extending along the entire western boundary of the project.Staff recommends that the unimproved right-of-way be abandoned and a Unity of Control be provided at time of permitting (See Exhibit"C"- Conditions of Approval). The residential component of the project includes ten (10) residential apartment buildings consisting of one (1), two (2) and three (3) bedroom apartments. The taller four (4)-story apartment buildings are located away from the west and south property lines. A lake is proposed at the center of the site, which will include a boardwalk. The commercial component of the mixed use project consists of a 9,850 square foot clubhouse and two (2), 2,150 square foot retail buildings fronting W. Boynton Beach Boulevard. Relative to the floor area ratio (FAR) standards within the code, the Suburban Mixed Use(SMU)zoning district has a maximum allowable FAR of 2.5; the project propoes 0.01. The District also has a maximum allowable density of 20 dwelling units per acre. This requirement limits the project to 250 dwelling units, which is precisely the proposed amount of units. Building Height: The maximum building height allowed in the SMU (Suburban Mixed Use) zoning district is 55 feet. The project propoes various types of residential and commercial buildings, with the tallest building proposed at 38 feet in height—which computes to 17 feet below the maximum allowable height. Setbacks: The SMU (Suburban Mixed Use)zoning district requires no building setbacks from the right-of-way, but rather a 0-90 foot build-to line.Therefore,the retail buildings are proposed at a distance of 90 feet from the W. Boynton Beach Boulevard right-of-way, which is needed to accommodate the required parking and landscape buffer.The buildings are also setback approximately 95 feet from the center line of the abutting right-of-way, 85.5 feet from the south side property line, 79 feet from the easternmost property line, and 77 feet from the eastern property line abutting the gas station out parcel. The proposed setbacks conform to the District's setback requirements. Amenities: The project proposes several amenities for the use of residents,visitors and 6 24 Shalimar at Boynton Beach(MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 7 patrons. A pathway — enhanced with seating, trash receptacles and landscape — is proposed around the lake. The pathway is connected to several amenities (i.e. dog walk, tot-lot, garden and other play areas). The project also includes a fenced dog park on the south side of the site, between Buildings No.6 and No.7.The clubhouse includes a pool area with several barbecue grills. Ten (10) Covered bike rack stations are proposed througout the site, near the building entrances. Lastly,public outdoor seating areas have been incorporated between the retail buildings and clubhouse. Design: The intended architectural style for the project is Floribbean, which is an interpretation of Old Florida Style architecture.This architectural style creates a sense of identity for the area as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical fagade articulation and cool, light colors. The residential and commercial buildings include an extensive use of complementary architectural treatments and finishes.The proposed facades are highly articulated with the use of vertically oriented windows and doors, which are decorated with light blue(SW 7601 —Dockside Blue)shutters and metal awnings.The building walls include horizontal siding(SW 6231—Rock Candy)and white smooth stucco (SW 7005 - Pure White).Additionally, the roof lines consist of multiple pitched, metal roofs with varying heights. Additionally, the balconies are enhanced with ornamental railings. Sustainability: Mixed use developments consisting of more than 50 dwelling units must provide the required sustainable options(outdoor lighting, butterfly attracting landscape material,electric charging stations and white roof),and achieve a minimum of 25 sustainability points. The development proposes to exceed the requirement by providing the following: ._._ ..w.ww..w.__.w... wM ......... _w�m. POI. N.TS SUSTAINABLE DEVELOPMENT ...... ......... ..........._ rt ., ENERGY _ Efficient Cooling - All air conditioners are Energy Star._....._..w ww2w... ._ . .ua.!!fed.....Minimum..S.E.E.R....1..6............................................................................................ __......w.._.... Efficient Water Heating - At least 75% of hot water on ...w_ premises is heated via Energy Star Certified water heaters or 2 ...solar water heaters. _.._ .._...... ._.......ww_w.wwwwwww......__._._._.........w .�..___-_—------ ._.._._. Cool Roof-Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25 for steep- 2 sloped roofs >2 12�for a minimum of 75%of the roof surface.~ Building Color—Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce 2 cooling costs. Accent and trim colors are not limited to these choices. Shade provisions of hces are norequped pe code: Stucturesuh asawnngssceens,N � YY 4 louvers, or other architectural devices shall cover a minimum of 50% of olazed o aeninq s. .....................m.......... ......_.w.w.....www... ..............._.._ ..........��.....�.._mwwww........... Lighting — Provide energy efficient lighting such as LED lihtin for building interiors for 100% of ro nosed lightlgq 1 7 25 Shalimar at Boynton Beach(MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page Energy r appliances —All appliance within a buildingr .._..Recycle . ..t ti n/ .�.�st r,.....nr__._...— ...._..Recycle chute(s) i ..ww mixed ea . 1 M.....,...._, cl t ti n. clu r. �.._.. ....usn districts n u �tw__r�._ww.__w_.is__w_!!�.�.M.,___www.w.wwww_..ww ......_._......................ww.w_.M. se At the . .w.w.www.wwwwwww.w..w. .._.....t....ru..... .— least o.ar .I.�w.wwww.... r from_..... roofs of sr r s...isc l .. f r l ca .�irri .. .�w.w._r .,_ i Nature r Trail—Public pedestrian and/or bicycle access tonatural I is is providedbike or pedestrian path or trail that is at least mile long and does not intrude on or unduly harm existingnatural features, 1 Public pedestrian and/or bicycle access ton tura)elements is provided i or pedestrian path or trail that is at least'/2 mile long n s not intrude n or unduly harm iin r i a _ - r ._,...._....... ------------- �.._.ww....,.._.,v..................._....... .._.......................................... .... Minimum c — Provision of usable common o space in excess of code requirements by up to %. The 4 designed spaceshall not have anydimension less than ..._�.-.-mv nm�-m.five.��.....�..f-..._.t�...._..._.�_�.. .._�.�_._.—._.....�.�_...._._._�.�_._._....�_._�.�....�.......w..�..........._................�.......�.�_.....nn.._w...... Electric Charging Stations—Provide four(4)over the required 4 number of electric,car c r in stations. - .....- _............._w ................................... T_.......l_...__ints. _...ww w.w_._..__29 ............... _...w.w.w..—. ........ ..w.w.w...w.w.w.wwwwwwwwwwwwwwwwwww.wwwww.w.w.w.w....k..k..k.-.w.w.w.w.w.w.w.wwww.w.w. ......w_w- .._ __ ........_ Lighting: photometric plan ( -1) includes 86 freestandingI light fixtures, with poleheight of 20 feet. I Is includes 4 light fixtures mounted to the building IIs. The City'sn to nt Regulations limits the lighting levels o a maximumf 5.9 foot-candies. The SitePhotometric Plan depicts lighting levels to the above-mentioned foot-candies limit. Signage: i it i signage not been finalized and a SignProgram s be approved prior to requesting sin permits for the site (see Exhibit"C" —Conditions of Approval). Public . The applicantis in communication with thePublic Arts Manager regarding the applicablePublic Arts requirements, which shall be met prior to permitting. RECOMMENDATION Staff has reviewed this request for a New SiteI r Plan Modification,and recommends APPROVAL, subject to approval of the accompanying lic tions and satisfyingall comments indicated in Exhibit" Conditions of Approval. Any additional conditions recommended Board r required iCommission shall be documentedcc r in l in the Conditions of Approval. 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U . oa w, 1 99 All I V l Aa� / , ;N Jt ITI z z y M f r� C3p .� z I_ U U Ld Ld Am 0 LJ y VI w M p p e 42 EXHIBIT "C" Conditions of Approval Project Name: Shalimar at Boynton Beach File number: MPMD 22-001 / NWSP 22-001 Reference: 3rd review plans identified as a Master Plan Modification and New Site Plan with a June 7, 2022 Planning and Zoning Department date stamp marking_ DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. At time of permitting, revise the plans to include the required sidewalk along Knuth Road and pedestrian connection to the X parking area. 2. The sizing of the off-site drainage system shall take into consideration the runoff from Knuth Road. The existing catch basins shall be connected to the proposed off-site system. Also, the proposed drainage manholes shall be converted to catch X basins, based on their locations vis-a-vis to the existing catch basins. 3. At time of permitting, an executed Developer's Agreement with the City shall be in place for the off-site improvements, which the City will share the cost, based on the upsizing of the storm pipe X on Knuth Road. FIRE Comments: 4. Provide turning radius of 25 feet inside and 55 feet outside on the plan for verification in accordance with our largest apparatus X 2018 edition of NFPA 1 18.2.3.5.3 turning radius. 5. Fire department access roads shall have a minimum 20 feet of unobstructed width. (NFPA 1:18.2.3.5.1.1) front entrance out is X 15 feet, existing access road. 6. Access box switches will be required at all gates 1:18.2.2.1. X POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. 43 Shalimar at Boynton Beach (MPMD 22-001 / NWSP 22-001) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 7. The applicable park impact fees ($148,750) is due at time of X permitting. PLANNING AND ZONING Comments: 8. Per the City's Land Development Regulations, residential recreational/ amenity areas require five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of office use for leasing or management purposes located in recreation buildings or separate structures X (Ch. 4, Art. V, Sec. 2.D.). At time of permitting, revise the parking calculations on the Site Plan (SP-1), Justification Statement and Reduced Parking Statement, to include the additional required parking spaces for the clubhouse. 9. An approved SCAD (School Capacity Availability Determination) application is required. Please submit a letter of approval from X Palm Beach County at time of permitting. 10. Prior to permitting, the applicant is required to initiate a Vacation and Abandonment Application for the abandonment of the platted right-of-way, within the City of Boynton Beach, running along the X west property line. 11. At time of permitting, provide a Unity of Control for abutting parcels under the same ownership. 12. At time of permitting, submit floor plans for the retail and club house buildings. Ensure, the floor plans for the clubhouse clearly depict the spaces dedicated to leasing and/ or management X activities. 13. The project includes a request for Parking Reduction for Sustainability. At time of permitting, revise the parking ratios on the documents and drawings to be consistent with the reduced parking ratios permitted for one (1) bedroom apartments (1.33 X space per D.U.) and two (2) bedroom apartments (1.66 space per D.U.), as indicated on the Parking Reduction for Sustainability code section (Ch. 4, Art. V, Sec. 3.G.). 14. Prior to permitting, submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to X construction, and/ or provide operational rules, procedures or strategies needed to off-set the realized deficiency. 44 Shalimar at Boynton Beach (MPMD 22-001 / NWSP 22-001) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 15. The parking deficiency indicated on the Reduced Parking Statement is inconsistent with the parking deficiency shown on the Site Plan (SP-1). At time of permitting, ensure the information X on both documents matches. 16. The Landscape Plan (L-7) shows that the walkway located on the east side of the northern entry drive would be obstructed by the proposed landscape strip running along the north property line. Correct the drawing to show the walkway connecting to the X sidewalk along Boynton Beach Boulevard and clear of obstructions. 17. An approved Sign Program will be required prior to issuance of any sign permits for the project. Submit a Sign Program application to the Planning and Zoning Division for review and X approval. 18. Two (2) percent of the parking shall consist of handicap accessible parking spaces. The Site Plan (SP-1) depicts a total of ten (10) accessible handicap spaces. At time of permitting, X provide an additional handicap parking space. 19. Per the Parking Reduction for Sustainability provisions, a maximum of 10 percent of the required parking spaces may consist of compact parking spaces. Provide revised parking X calculations and/or revised parking plan. 20. Replace the parking lot wheel stops with 2-foot wide overhangs. X 21. Provide a valid FDOT Pre-Application Letter and an updated traffic study. X 22. At time of permit, revise the plans to be consistent with the X Master Plan/Site Plan (SP-1) approved by the City Commission. 23. Submit a revised Parking Demand Statement. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: Comments: 24. Work with staff to increase the retail space along Boynton Beach Boulevard to the maximum extent possible to be approved by X staff. S:\Planning\SHARED\WP\PROJECTS\Knuth Rd(aka Shalamar)\Shalimar MPMD 22-001 &NWSP 22-001\Exhibits\Exhibit C-MPMD 22- 001 NWSP 22-001 COA-Post CC Meeting-Revised 7.22.22.doc 45 DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 23-011 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan Planning and Zoning Director FROM: Gary Dunmyer, P.E. City Engineer DATE: July 17, 2023 PROJECT: Right-of-Way Abandonment (Shalimar at Boynton Beach) REQUEST: Approve the request for the abandonment of the thirty foot (30') wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. (See Survey Sketch and Exhibit "A" — Legal Description) PROJECT DESCRIPTION Property Owner: SBB 250 SPE LLC Applicant: Rene Gutierrez, TM Residential, LLC Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel & Backman, LLP Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive (see Exhibit "B" — Site Location Map) Acreage: 0.672 acres 46 Page 2 Right-of-Way Abandonment(Shalimar at Boynton Beach) Memorandum No. 23-011 Adjacent Uses: North: Right-of-way for West Boynton Beach Boulevard (State Road 804); further north, developed commercial property classified as Local Retail Commercial (LRC) and zoned C3 (Community Commercial). South: City limits; further south, unincorporated Palm Beach County and the Quail Ridge residential golf course. East: Vacant parcel approved for a Mixed Use Development known as Shalimar (MPMD 22- 001) and Site Plan (NWSP 22-001). West: City limits followed by unincorporated Palm Beach County and the Quail Ridge residential golf course. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007 and 05-004. BACKGROUND The proposed Shalimar at Boynton Beach development is located at the southwest corner of W. Boynton Beach Boulevard and Knuth Road. The project site is vacant and totals 12.506 acres. The parcel abuts an existing 0.67-acre platted right-of way that is required to be abandoned prior to permitting. Pursuant to Condition 10 of the approved Master Plan (MPMD 22-001) and Site Plan (NWSP 22-001), the petitioner is initiating a Vacation and Abanonment Application for the abandonment of the thirty foot (30') wide platted right-of-way that runs along the west side of the property prior to permitting. The platted road right-of-way has never been improved as a road and there is no evidence of existing utilities located within the road right-of-way. ANALYSIS The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the 2 47 Page 3 Right-of-Way Abandonment(Shalimar at Boynton Beach) Memorandum No. 23-011 subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? The road right-of-way is unimproved with no existing access to lots, subdivisions or developments. The right-of-way abandonment does not encumber current or future access, nor does it restrict access to any adjacent lot(s). b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? There is no evidence of existing utilities within the unimproved right-of-way. Pending utility letters of no objection. Petitioner shall dedicate utility easements as required. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? There are no existing drainage or wastewater management facillities within the unimproved right-of-way. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? There is no conservation or preservation within the unimproved right-of-way. RECOMMENDATION Based on the information contained herein and compliance with the applicable development regulations and review criteria, staff recommends the abandonment of the existing thirty foot (30') right-of-way subject to obtaining utility letters of no objection. 3 48 7.13 New Business 07/25/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/25/2023 Bay Walk (MSPM 23-004 & MPMD 23-003) Requested Action by Commission: Approve request for Major Site Plan Modification (MSPM 23-004) and Master Plan Modification (MPMD 23-003) of the Bay Walk development consisting of 25 dwelling units, associated recreational amenities, required parking and related site improvements on a 2.27-acre property, located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. Explanation of Request: The subject 2.27-acre parcel is located south of Old Dixie Highway, abutting the west side Federal Highway. In 2008, an approval of a Planned Infill Development (IPUD) consisting of 40 dwelling units was granted for the subject site; however, the project was not constructed. The current applicant seeks approval of a completely redesigned townhome development with fewer dwelling units than originally approved in 2008. The proposed project includes a total of twenty-five (25) fee-simple dwelling units located within six (6) separate buildings. In addition to the required parking and related site improvements (i.e. landscape, lighting, drainage), the unit owners and visitors will have access to various amenities (fenced dog park, pool area, game room, indoor & outdoor recreational space). Approval of the proposed Major Master Plan Modification (MPMD 23-03) and Major Site Plan Modification (MSPM 23-004) is dependent upon the applicant securing approval of the associated Variance Application (ZNCV 23-003), which requests a reduction of the required active area from 8 feet to 6 feet. How will this affect city programs or services? N/A Fiscal Impact: Not Applicable Attachments: Staff Report 49 Exhibit A- Location Map Exhibit B - Drawings Exhibit C - Conditions of Approval Exhibit D - Justification Statement 50 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-024 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda B. Radigan, AICP Planning & Zoning Director FROM: Luis Bencosme, Senior Planner DATE: July 12, 2023 PROJECT: Bay Walk (MSPM 23-004 & MPMD 23-003) REQUEST: Approve request for Major Site Plan Modification (MSPM 23-004) and Master Plan Modification (MPMD 23-003) of the Bay Walk development consisting of 25 dwelling units, associated recreational amenities, required parking and related site improvements on a 2.27-acre property, located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. PROJECT DESCRIPTION Property Owner: Southern Homes of Palm Beach V Applicant: Felipe Vergara / 3103 Boynton Development, LLC Agent: Bradley Miller, AICP / Urban Design Studio Location: 3103 N Federal Highway (Exhibit "A") Existing FLU/Zoning: Special High Density Residential (SHDR), max density of twenty (20) du/ac/ Infill Planned Unit Development (IPUD) Proposed FLU/Zoning: Special High Density Residential (SHDR), max density of twenty (20) du/ac/ Infill Planned Unit Development (IPUD); Acreage: 2.27 acres Proposed Use: Townhomes Adjacent Uses: North: Developed commercial property (self-storage facility) zoned Community Commercial (C-3); 51 Page 2 Bay Walk MSPM 23-004 & MPMD 23-003 South: Developed multi-family residential property (Seabourn Cove) designated Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD); East: Right-of-way for Federal Highway, followed by developed multi-family residential property (Waterside Village) designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); West: Developed multi-family and single-family residential property located in unincorporated Palm Beach County. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND The subject 2.27-acre parcel is located south of Old Dixie Highway, abutting the west side Federal Highway. In 2008, an approval of a Planned Infill Development (IPUD) consisting of 40 dwelling units was granted for the subject site; however, the project was not constructed. The current applicant seeks approval of a completely redesigned townhome development with fewer dwelling units than originally approved in 2008. The proposed project includes a total of twenty-five (25) fee-simple dwelling units located within six (6) separate buildings. In addition to the required parking and related site improvements (i.e. landscape, lighting, drainage), the unit owners and visitors will have access to various amenities (fenced dog park, pool area, game room, indoor& outdoor recreational space). Approval of the proposed Major Master Plan Modification (MPMD 23-03) and Major Site Plan Modification (MSPM 23-004) is dependent upon the applicant securing approval of the associated Variance Application (ZNCV 23-003), which requests a reduction of the required active area from 8 feet to 6 feet. ANALYSIS Concurrency: a. Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review. The Division responded that the project does not have significant peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. 2 52 Page 3 Bay Walk MSPM 23-004 & MPMD 23-003 b. School: The School Capacity Availability Determination (SCAD) letter provided by the School District of Palm Beach County concluded that the proposed development will not have any negative impact on the public school system. The SCAD letter is valid until January 19, 2024. The project will be subject to school impact fees at the time of permitting. c. Utilities: The Utilities Department has reviewed the project and confirmed that the City's water capacity is sufficient to provide the projected potable water requirements for this project. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. d. Police/Fire: The Police Department reviewed the site plan, and confirmed that all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. e. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and deferred the evaluation of specific drainage solutions until the review of the required Land Development Permit. If. Access: The project proposes a single point of ingress/egress connecting to Federal Highway. It is important to note that this driveway would serve as the only point of access to the twenty-five (25) dwelling units. The Engineering Division found the proposed driveway to meet the City's Engineering Standards; however, the applicant is required to secure approval of the entry drive by the appropriate outside governing agency prior to permitting (see Exhibit "C" — Conditions of Approval). The design of the pedestrian facilities and circulation appears well-defined. The wide sidewalks, walkways, and crosswalks would provide free, easy and safe pedestrian movement. g. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for each unit containing at least two bedrooms, and an additional 0.15 parking spaces per unit for guest parking. The project proposes 25, three (3)-bedroom units, which would require 50 resident parking spaces and four (4) guest parking spaces. The site plan exceeds the code requirements as it proposes 56 parking spaces, of which 50 spaces would be located inside the garages (two per garage) and six (6) surface parking spaces assigned to guests. The guest parking includes one (1) accessible ADA parking space, as required 3 53 Page 4 Bay Walk MSPM 23-004 & MPMD 23-003 by code. The property owner association is required to ensure residents and guests are parking at the appropriate locations (see Exhibit "C"— Conditions of Approval). h. Landscaping: The property location and street frontage (i.e. Urban Area vs. Suburban Area) are the primary factors to consider when determining the applicable Landscape Code requirements. The project is zoned IPUD, therefore, the project is subject to the Urban Landscape and Streetscape Design requirements, in addition to the general City-Wide Standards (Chapter 4, Article II, Section 4.A). Staff reviewed the proposed Landscape Plan (LP1) and has determined that the proposed improvements would exceed the code requirements. The Tree Removal Plan (TR-1) indicates that the majority of the existing plant material on site consists of Sabal Palms and Australian Pines. The Plan proposes the removal of these trees in order to replace them with a mix of more appropriate and attractive plant material. Only one (1) Live Oak and four (4) Sabal Palms are to be preserved; however, the Landscape Plan includes an adequate amount of compatible, native and drought tolerant plant species (trees, palms, shrubs and groundcover) that would add natural, human and aesthetic value to the project, particularly when the plant material has fully matured. The landscape along the perimeter of the property is a crucial component of the development, as it abuts residential properties to the west and south and Federal Highway to the east. The Landscape Plan (LP-1) depicts an adequate mix of trees, shrubs and ground cover along the north, west and south property lines, which is sufficient to form the required landscape buffers and alleviate any negative impact to adjacent properties. The north and west landscape buffers include a 6-foot tall wall; The south landscape buffer would be supplemented with an existing metal fence. The required street trees consist of smaller shade trees (Simpson Stopper), which is an appropriate plant species compatible with the existing overhead wires along Federal Highway. The selected plant material includes 15 species of butterfly attracting plants, which have been clearly identified on the Landscape Plan (L-2). i. Site and Building: The 2.27-acre property is one of last undeveloped parcels within the city that is adjacent to Federal Highway. If the project is ultimately approved by the City Commission, the development will include six (6) buildings, each consisting of two dwelling units (Type A). Only one (1) of the building has been designed with three dwelling units (Type B). The proposed recreational spaces (dog park, game room, pool area and gym) meets the Usable Open Space requirements. j. Building Height: The maximum building height allowed in the IPUD (Infill Planned Unit Development) zoning district is 45 feet. The building elevations show a maximum building height of 29 feet for the townhome buildings and 18 feet for the active use buildings fronting Federal Highway. The proposed building heights meet maximum building height requirements and would be compatible and in harmony with the existing surrounding developments. 4 54 Page 5 Bay Walk MSPM 23-004 & MPMD 23-003 k. Setbacks: The building setback requirements for properties zoned IPUD (Infill Planned Unit Development) are flexible, as long as the proposed setbacks are compatible with the existing setbacks of surrounding developments. Building setbacks are measured from the exterior surface of the building or supporting columns to the lot line. According to the Site Plan (A101), the townhome buildings are setback at least 15 feet from the interior side (north and south) property lines and 20 feet from the rear (west) property line. The buildings fronting Federal Highway containing the development's active uses (i.e. gym and game room) are required to be located at the Build-to-Line, which is measured from the back of curb and based on the aggregate width of the applicable Pedestrian Zone components (street tree, sidewalk and active area). The applicant submitted a Variance application (ZNCV 23-003) requesting a reduction of the applicable 8-foot wide Active Area to six (6) feet. If the Variance request is approved by the City Commission, the Built-to-Line would be set at 18.5 feet instead of 20.5 feet (a reduction of two feet), as depicted on the Site Plan (Sheet A101). The Variance application has been reviewed concurrently, and the reduced Active Area is reflected on the plans provided with the Major Master Plan Modification (MPMD 23-003) and Major Site Plan Modification (MSPM 23-004). I. Amenities: The project proposes ample amenities, including a fenced dog park located on the west side of the property, and other recreational spaces (pool area, gym, outdoor workout area and game room) located on the east side of the property. The project also includes a covered bike rack and six electric vehicle charging stations. The installation of the electric vehicle charging stations is required prior to final inspection (see Exhibit "C" — Conditions of Approval). Additionally, the unit owners may choose to install a small splash pool, which would require Building Permit approval. m. Design: The contemporary architectural design of the proposed buildings is aesthetically pleasing and compatible with surrounding developments. The buildings feature smooth stucco finishes and scored stucco accent walls. The building architecture is articulated with large vertical windows and doors consisting of vision glass, modulation of the facades, balconies with decorative black aluminum railings, and an earth tone color palette (White, Beige and Brown). n. Lighting: The Photometric Plan (Sheet E100) includes ten (10) wall-mounted lighting fixtures with a mounting height of ten (10) feet, all of which with a black finish and designed to match the architecture of the building. Additional site lighting will be provided with ten (10) free- standing lighting fixtures, with a maximum mounting height of fifteen (15) feet. A condition of approval has been incorporated requiring the lighting levels for any spot reading to not exceed 5.9 foot-candles and 0.3 foot-candles along the property lines, in order to prevent conditions of glare onto abutting properties (see Exhibit "C" — Conditions of Approval). 5 55 Page 6 Bay Walk MSPM 23-004 & MPMD 23-003 o. Signage: The Site Plan (Sheet A101) depicts the location of one (1) community identification sign, located on the south side of the entry drive. The location of the sign is setback at least 10 feet from the right-of-way and would not be in conflict with the required sight visibility triangle depicted on the Site Plan (Sheet A101). Signage design has not been finalized at this time; the final design will be reviewed and approved at the time of permitting (see Exhibit "C"— Conditions of Approval). p. Public Art: The project is subject to the requirements of the Art in Public Places program. A unique feature of the project is the proposed art — a green wall to be designed by a local artist fronting Federal Highway. The applicant has been in discussions with the Public Art Manager regarding the proposed art piece. The public art is required to be reviewed and approved by the Public Arts Committee (see Exhibit "C" — Conditions of Approval). q. Sustainability: The project is subject to the City's Sustainable Regulations. According to the City's Sustainability Development Standards, new multi-family residential developments consisting of a minimum of three (3) dwelling units and up to 25 dwelling units shall achieve at least fifteen (15) points, in addition to providing the required Sustainable Development Standards. The project has been designed to meet the required Sustainable Development Standards, with the provision of LED outdoor lighting, butterfly attracting landscape material, electric charging stations and white roofs. Also, the Sustainable Development Chart on the Site Plan (A101) confirms that the project would achieve the required 18 points by incorporating the following sustainable development options: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy Efficient Cooling - All air conditioners are Energy Star 2 -qualified. Minimum SEER 16. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters 2 or solar water heaters. Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs for a 2 minimum of 75% of the roof surface. Building Color — Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and 2 reduce cooling costs. Accent and trim colors are not limited to these choices. Shade Structures for Buildings—Where provisions of shade structures are not required per code: structures such as 4 avenin s, screens, ouvers or other architectural devices 6 56 Page 7 Bay Walk MSPM 23-004 & MPMD 23-003 shall cover a minimum of 50% of glazed openings. Energy star appliances—All appliance with in a building are 2 100% energy star. Transportaion Charging Stations — Provide four (4) over the required 4 number of electric charing stations. Total Points 18 RECOMMENDATION Staff has reviewed the request for a Major Master Plan Modification (MPMD 23-003) and Major Site Plan Modification (MSPM 23-004), and recommends APPROVA32L, subject to approval of the accompanying Variance Application (ZNCV 23-003) and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval document. 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O 1:T LU LLI LU < U). a-' Q LL 0 LU m I a_ o LL co Cl- C LLj ------------------- L D uuM DCo V LLJ w 00 (D LU u) Lry a_ ID L C) 0- a ~ C) < < 0 z LU 9 z D U) 0 < o LU of LLj >- 0 _j j < Lu Ln L Lu < 0LL w LU cr� ED L) LU z :r b W =OO Zai 0�-j Lli of 2 �>- Lij < w _j 0 (f) c) IL N LL D LLJ 0 Q� z m LU C) LLJ 0 C-) -j < u) < a_ LL0 < [If C rr LU LU ry, z 0- N LL i I N r7 Lo Ln N M LO0 rn L O LL aQ J \ I up- C: N � Lj 10 co Z i /�y'► r ! w w� z 7 3 O Ln I 5 � s N ( In C3 6 \ `4,b o \ ,1, aIM 1 l \ O \ k o GF. � �o � Q cn w o W 00 x. g w / °! cava \ ` .............. .....� �1/. 0. 0. a \ o 2Uw \ o=on \ aioo40 \ �o \ O < \ o6 o � 0W66 � z -- \ 0: LU :20z � z � v PO� �O w Yw - F- LL � z � zLL M - aQN = �O CN U /O N o IL1,210N L EXHIBIT "C" Conditions of Approval Project Name: Bay Walk File number: MSPM 23-004 & MPMD 23-003 Reference: 3rd review of plans identified as a New Minor Site Plan with a July 14, 2023 Planning and Zoning Department approval date stamp marking_ INCLUDE REJECT DEPARTMENTS ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. The existing overhead lines shall be undergrounded. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms, or corporations furnishing utility service involved. Utilities shall be constructed in easements. (a) For the overhead lines along Federal Hwy, the developer will be required to provide a minimum 10' utility easement across the portion of the lot adjacent to a street and may opt to submit X an Engineer's Estimate of Cost along with a bond for the site's pro-rata cost in lieu of undergrounding the overhead lines. (b) The overhead lines along the south property line shall be relocated underground within an easement. Note: Easements shall be coordinated with requisite utility authorities and shall be provided for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. 2. Provide a letter of no objection from all utility providers. X 3. Replatting of the property shall be required in accordance with the 2010 LDR Ch. 2, Art. III, Sec. 2. No building permit shall be issued X and no city service may be rendered until a final plat has been approved by the city and properly recorded. 4. At the time of the Land Development Permit (LDP), the applicant shall submit S&S Civil Plans and any supporting calculations in compliance with the drainage requirements of the South Florida Water Management District and other external agencies, and the X respective standards described in the Engineering Design Handbook and Construction Standards, the City's Code of Ordinances, and Land Development Regulations. These plans shall include, but are not limited to the following: paving, drainage, 77 Bay Walk(MSPM 23-004 & MPMD 23-003) Conditions of Approval Page 2 of 5 INCLUDE REJECT DEPARTMENTS F_ curbing, site lighting, landscaping and irrigation. 5. Per the 2010 LDR Ch. 2. Art. III, Sec. 3, the review of the LDP application may occur concurrently with the review of a final plat; X however, the LDP shall not be issued until the final plat is approved and recorded. 6. Prior to the issuance of the LDP, the Engineering Division fees and surety, as adopted by resolution by the City Commission, shall X be paid based on the cost estimates provided by a duly licensed professional in the State of Florida. 7. The Land Development Permit (LDP) and all external agency permits shall be required prior to the commencement of any new construction (or modification) of site improvements, required X infrastructure, and activities of clearing, grubbing, excavation, and fill. 8. In order for final closeout and project completion of the required improvements, the engineer of record shall certify in writing that the required improvements were installed under his responsible direction; that all improvements conform with the approved civil engineering drawings, and all laws, regulations, codes, and ordinances. In addition, the applicant's engineer of record shall X submit tests and reports (concerning the work and materials used during construction of the required improvements), in addition to as-built drawings on a high-quality time stable reproducible material showing the original design as compared to the actual finished work. PLANNING AND ZONING Comments: 9. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinances 04-007 and 05-004. An affidavit with attachments (ownership list, X radius map, and copy of mailing labels) has been provided by the applicant. 10. Prior to permitting, provide a copy of the executed Maintenance Agreement between the Bay Walk COA and the adjacent property X owners for the maintenance of the perimeter wall running along the north property line. 78 Bay Walk(MSPM 23-004 & MPMD 23-003) Conditions of Approval Page 3 of 5 INCLUDE REJECT DEPARTMENTS 11. Provide a 10' by 30' bus shelter easement at time of platting and X prior to permit approval, as required by Palm Tram. 12. Provide the required bus shelter structure at time of permitting. The architectural design of the structure must be compatible with X the design of the proposed buildings fronting Federal Highway. 13. Prior to final inspection, the landscape located in the west landscape buffer must provide a dense barrier, restricting the view between the two properties to the maximum extent possible. Staff X may require additional plant material if deemed insufficient and in order to secure approval of the final inspection. 14. Secure approval of a Land Development Permit prior to removing the existing landscape, including exotic and invasive species, in X accordance with the procedures set forth in Chapter 2, Article III, Section 3. 15. The required 12-foot wide Type 2 landscape buffer running along the north property line must be tract at time of platting. Be advised that the entire landscape buffer must remain clear of obstructions (i.e. walls, fences, pavers, etc.). If permitted by the City Engineer, X the landscape buffer may be overlapped by the proposed easements (UE, DE and AE) a maximum of five (5) foot, in accordance with the Land Development Regulations (Chapter 4, Article II, Section 4.A.10). 16. If the associated Variance application (ZNCV 23-003)— requesting the reduction of the required 8-foot wide Active Area — is not approved by the City Commission, the project must adhere to the X applicable build-to-line and Pedestrian Zone requirements (Chapter 4, Article III, Section 8.13.). 17. The glazing of the proposed gym and game room buildings shall X consist of vision glass panels. 18. Provide construction details of the proposed green wall fronting Federal Highway at time of permitting. Ensure the plant selection X and irrigation system is appropriate and well maintained in perpetuity. 19. The design and surface material of the proposed tree pits must be reviewed and approved by the City's Engineering Division at time X of permitting. 20. The stablished Bay Walk Property Owner Association (POA) or X Condominium Association (COA) is required to enforce the below 79 Bay Walk(MSPM 23-004 & MPMD 23-003) Conditions of Approval Page 4 of 5 INCLUDE REJECT DEPARTMENTS resident and guest parking restrictions: (a) The vehicles owned and/ or operated by the unit owners shall be parked inside the garages. (b) Surface parking shall be assigned for guest parking. 21. Revise the west landscape buffer to meet the Urban Landscape Buffer (Type 2) requirements. The buffer must include a X continuous hedge of three (3) feet in height, which must be located along the west side of buffer wall. 22. The source for the irrigation water must conform to the applicable X code requirements (Chapter 4, Article II, Section 4.A.5). 23. The caliper of all trees, except for palms and those trees classified as the development's "signature trees" shall be a minimum of four X (4) inches at the time of planting (Chapter 4, Article II, Section 4.A.3.a). 24. Provide the required signature trees on both sides of the development's entrance. Be advised that the caliper of a development's signature tree shall be a minimum of one (1) inch at the time of planting. Signature trees, if sized with a caliper of less than four (4) inches, will not count toward the minimum required number of trees. In order for the proposed tree to meet the Signature Tree requirement, it must be selected from the below plant list: X (a) Yellow Elder(Tecoma stans); (b) Bougainvillea (Bougainvillea); (c) Glaucous Cassia; (Cassia surattensis); and (d) Orange or White Geiger (Cordia sebestena or boissieri). PUBLIC ART Comments: 25. Revise the elevations of the five green wall areas on the Federal Highway privacy wall to show only green walls without the smooth, X scored, brown stucco elements. 80 Bay Walk(MSPM 23-004 & MPMD 23-003) Conditions of Approval Page 5 of 5 INCLUDE REJECT DEPARTMENTS BUILDING Comments: None. All previous comments addressed at time of DART. X POLICE Comments: None. All previous comments addressed at time of DART. FIRE Comments: None. All previous comments addressed at time of DART. PARKS AND RECREATION Comments: None. All previous comments addressed at DART meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at time of DART. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: TBD CITY COMMISSION CONDITIONS Comments: TBD 81 urban BAYWALK dGy I PROJECT NARRATIVE stu Request(s): Major Master/Site Plan Modification & Variance Application No: MSPM 23-004/MPMD 23-003 urban Design Submitted: December 7, 2022 Land Planning Resubmitted: February 15, 2023/June 2, 2023 Landscape Architecture The property that is the subject of this application is 2.27-acres, located on the west side of Federal Highway, approximately 0.12 mile south of Old Dixie Highway and is undeveloped. On January 2, 2008, the City Commission approved the Baywalk project for 40 condominium units at 17.7 dwelling units per acre. Time extensions of the approvals have been granted since the original approval and therefore, the development order remains valid. The property is under the same ownership, however since those approvals, the property has a new Contract Purchaser who is proposing to redesign the project. On behalf of the Contract Purchaser, 3101 Boynton Development, LLC ("Applicant"), Urban Design Studio has prepared and hereby respectfully requests approval of this Major Master Plan Modification & Major Site Plan Modification to redesign the site with 25 townhouse units consisting of six (6) buildings, and related amenities along with a variance request to reduce the required 8' wide Active Area for 6' in width within the Pedestrian Zone (per Chapter 3 Article III Section 8.13.5). This site is located in the Infill Planned Unit Development (IPUD — 20 du/ac) zoning district and has a future land use designation of Special High Density Residential (SHDR — 20 du/ac). Pursuant to Chapter 2, Art.2, Section 2.D.6.f of the code and confirmed by Staff at a pre- application meeting held on October 5, 2022, the proposed modifications classify as a "major modification". The site plan must be consistent with the master plan; therefore, any request to modify a master plan may require the submittal of a concurrent request for site plan modification in accordance with Section 2.F.7. The following is a description of the project. PROJECT INFORMATION Applicant 3101 Boynton Development, LLC/ Felipe Vergara Owner Southern Homes of Palm Beach V, LLC Agent Urban Design Studio, Bradley Miller, AICP /Ailish Villalobos Site Location West side of Federal Highway, approximately 0.12 miles south of Old Dixie Hwy. PCN's 08-43-46-04-17-000-0620 Existing FLU Special High Density Residential (SHDR—20 du/ac) Existing Zoning Infill Planned Unit Development(IPUD—20 du/ac) Existing Use(s) Approved (unbuilt)40 condominium unit development (17.7 du/ac) Proposed Use(s) 25 townhouse unit development (11.01 du/ac) Site Area 2.27-acres 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 P: 561-366-1100 www.udsflorida.com LA0001739 82 Baywal k "' ;w g c 12 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 SURROUNDING PROPERTY North: Developed commercial property (self-storage facility) zoned Community Commercial (C-3); South: Developed multi-family residential property (Seabourn Cove) designated Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD); East: Right-of-way for Federal Highway, followed by developed multi-family residential property (Waterside Village) designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); West: Developed multi-family and single-family residential property located in unincorporated Palm Beach County designated Commercial High, 5 units per acre (CH/5) and zoned Residential Multi-family (RM). PROPOSED DEVELOPMENT DESCRIPTION The subject site is a 2.27-acre property located on the west side of Federal Highway, approximately 0.12 mile south of Old Dixie Highway with a physical address of 3101 N Federal Highway. The subject site is currently undeveloped. Under the SHDR land use classification and IPUD zoning district, the maximum allowable density is 20 units per acre, which would allow the Applicant a maximum of 45 dwelling units on the 2.27-acre subject site. The site is currently approved for 40 dwelling units (condominium), which equates to a density of 17.7 dwelling units per acre. This application proposes a decrease to 25 dwelling units (townhome)which equates to a density of 11.01 units per acre and below the maximum allowable density for the site. Townhouses are permitted uses in the IPUD zoning district. The intent of the proposed project is to provide a fee simple — for sale quality residential community. The project proposes one point of ingress/egress located on Federal Highway. The point of access is comprised of 2 lanes that total 24-feet in width and allow for right turn only. A gated entry feature is located 60-feet from the project entrance to provide for sufficient and safe vehicular stacking. A preliminary approval letter from FDOT for the driveway and gates is provided with this application and will ultimately be permitted through the City and FDOT. A turn-around space is also provided at the project entrance along with a handicap parking space and access to the resident recreational amenities, which includes a dog park, a swimming pool, a fitness center (gym) and a game room. The 25 dwelling units are intended to be sold as fee simple lots and are proposed within 6 separate buildings, with 3 buildings located on each side of the internal driveway and turnaround spaces provided at the terminus of the driveway. Building 1 contains 5 units and Buildings 2 through 6, contain 4 units each. All units will include 3 bedrooms, 3.5 bathrooms, an office/den area, a 2-car garage, covered patio and optional splash pool. 83 Baywal k "' ;w g c 13 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 The maximum building coverage in the IPUD zoning district is 50%, which equates to 49,342 for the 2.27-acre site. Provided is a total building coverage of 45.16% (44,566 square feet) which is below the allowable amount, along with 28.43% (28,058 square feet) of landscape area and 26.41% (26,061 square feet) of hardscape. A breakdown of the project building coverage is provided below: BUILDING COVERAGE BUILDING# BUILDING COVERAGE UNIT A-BUILDING#1 8,050 SF UNIT B-BUILDING#2 6,435 SF UNIT B-BUILDING#3 6,435 SF UNIT B-BUILDING#4 6,435 SF UNIT B-BUILDING#5 6,435 SF UNIT B-BUILDING#6 6,435 SF GAME ROOM BLDG. 2,480 SF GYM BLDG. 1,861 SF TOTAL 44,566 SF Each unit will be provided a city trash roll-out bin which will be individually stored within the unit garage and rolled out for pick up on designated days. Provided internal to the site is a covered mail kiosk and a fenced in dog park is designated in the southwest portion of the site. The recreational amenities provided meet and exceed the IPUD recreation and useable open space area requirements. While the IPUD zoning district is flexible on minimum building setback requirements, the proposed setbacks have been provided for compatibility purposes to mirror the surrounding uses. Additionally, the setbacks are provided to accommodate a buffer wall and required buffer landscaping. The maximum height of buildings in the IPUD zoning district is 45-feet, all proposed structures comply. Building elevations and floor plans, prepared by Randall Stofft Architects, are provided with this application for further detail. Based on the proposed 25-unit development and code parking requirement at 2 parking spaces per unit, along with 0.15 parking spaces per unit for guest parking, that would equate to a total of 54 parking spaces required. Each unit will have a 2-car garage and will be regulated by Property Owner Association documents to park their vehicles within the garage only. There are also 6 guest parking spaces provided throughout the site for a total parking count of 56 spaces, which meets and exceeds the 54-parking space requirement. Landscaping remains in compliance with the prior approval which includes a complimentary mix of trees and palms with ROW landscape strips, perimeter buffers, landscape islands in parking areas and foundation plantings around the buildings. For the frontage of Federal Highway, footnote #1 of Table 3-27 in the code requires a build to line which consists of a 5' street tree area, a 10' wide sidewalk measured from the center of the street tree area (net 7.5') and an 8' Active Area to create a Pedestrian Zone. In addition to the Pedestrian Zone, there is a requirement for the dedication of a 10' wide general utility easement for the future undergrounding of utilities. Due to the location of existing and future underground utilities, it 84 Baywal k "' ;w g c 14 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 may be necessary to reconfigure the Pedestrian Zone requirements during the permitting process when more detail is known as to specific utility line locations. This application proposes a variance to the Pedestrian Zone requirements to reduce the width of the required 8' Active Area to 6' in width measured from the western edge of the 10' wide sidewalk. As is permissible by the property's current land use and zoning district, the project exclusively offers residential buildings and recreational amenity structures located along the property frontage and Pedestrian Zone. In order to comply with the Pedestrian Zone requirements, the recreational amenities areas have been designed to provide building frontage, a green wall amenity to engage with the public sidewalk and access along the property frontage. The recreation buildings will have glass facades visible to Federal Highway and direct access to the public sidewalk area to be reconstructed along Federal Highway. In addition, there will be a section of the property frontage adjacent to the pool area where there will be a green wall constructed. The proposed 6' wide Active Area will be between the green wall and the 10' sidewalk which is measured from the center line of the 5' wide Street Tree Area, therefore in the areas where there are no trees, there will be 18.5' of paved pedestrian area along Federal Highway. The variance is further discussed and justified later in this statement. Through review and discussions with City staff, this proposed design of the Pedestrian Zone meets the intent of the Code and is consistent with the goals for a Complete Street design. The proposed development will meet all Concurrency requirements. Preliminary Engineering Plans, prepared by Caulfield & Wheeler, and a Traffic Study, prepared by JMD Traffic Consulting, are provided with this application for review and analysis. Also provided with this application is a Traffic Performance Standards (TPS) letter from Palm Beach County which confirms the proposed 25-unit development meets the TPS roadway standards and a School Capacity Determination letter from the School District of Palm Beach County confirming there is adequate school capacity to accommodate the resident population for the 25-unit development. The Applicant is proposing the green wall be designed and utilized as the required public art piece located along Federal Highway and will work directly with the Public Arts Administrator on further design details to be addressed at permitting CODE CRITERIA Master Plan - Pursuant to Chapter 2, Art.2, Section 2.D.6.f., changes to master plans are considered "minor" or "major" based on the following six (6) criteria. A pre-application conference with staff is a prerequisite to filing an application for modification. (1) The modification increases or decreases the building square footage (intensity) or number of dwelling units (density) by more than 5%; (2) The modification eliminates a point of ingress and egress; (3) The modification reduces the cumulative area of each of the required or provided open spaces, green spaces, and pedestrian plazas by more than 5%, changes the location of such spaces, or does not otherwise meet the intent of these regulations; 85 Baywal k I I" ;w g c 15 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 (4) The modification alters the project so that the modified master plan does not resemble the approved master plan; (5) The modification affects or does not comply with a condition of approval of the preceding development order; and (6) The modification is proposed to a city-owned or operated facility and does not adversely impact adjacent properties and/or public lands. As referenced prior, a pre-application meeting was held with Staff on October 5, 2022, and it was determined that the proposed modifications with this application are considered to be a Major Master Plan Modification and a concurrent Major Site Plan Modification would also be required per Code. As such, and pursuant to Chapter 2, Art.2, Section 2.D.6.g. and Section 2.F.2.b, the proposed Master Plan and Site Plan are in compliance with Chapter 3, IPUD zoning district regulations and Chapter 4 site development standards. It is also understood that at the time the City Commission approves this request for a Major Master Plan Modification, any previously approved Master Plan, including Conditions of Approval, shall be null and void, all future development shall be consistent with the Master Plan provided herein and approved by the City Commission. Variance - This application requests approval of a variance from Chapter 3 Article III Sect. 83.5 Urban Commercial District Overlay (Table 3-27), Footnote 1, to reduce the 8' wide Active Area requirement to 6' wide to create an 18.5' wide Pedestrian Zone along the frontage of Federal Highway. 5. Building and Site Regulations(Table 3-27).Development within this overlay shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: LT&i ILLYI:NG SITE LtL GLIL ATIONS Unit—,Ctynrmereial Iniorict Civeriny Buitd-tn 9irre:'L,Z Point(abutting any public righl-of-way): 0 ft. Rear: a ft. Interior side: 0 ft. Minimum yid w ilbacl- Rearr(abutting residential district): 30 feet Interior side(abutting residential district): 15 feet minds m onuoure height: ZoningT t %T Buildings and structures fiornting Federal Highway,or other roads described in the CRFs Plain,shall be located no father than zero(fo)feel from the property line,except in Lonjunclion with providing required visibility at intersections;.duveways;opera spares and public plazas;.or when additional setback is necessary to provide for required"Pedestrian Zane"(PZ).The rniaiinrurn ;PZ Is curnprised of three(3)components:1)a five(5)foot wide street tree area,nneasrned ficin the back of the curb,of future curb on roads requiring a right-of-way dedication;2p a ten(10) foam wide sidewalk,free froom utstfuctions,measured from the centeritne of street trees:and 3)an eight(B)foot wide active area,measured from the sidewalk,The PZ components may vary an placement ofyJer only urn sites with conflicting right-of-way regulations,.See Section 5.C.e2.below for additional relief provisions f'roar build-to line requ iremernis. 2 Uotwrmstandinflthe required build-foo line and geiwstdiav zone requirements,renaaPnportions of buildings sirgs dnd structures aulureW maybe dArat['rm;ted n exh3AwCt the dr�arce sP eufiwd aPscrwe,but not to exceed 15 feet when necessary to 1)opnnnice landscape design:2)maximize on-site drainage solutions',3)accommodate architeutural features and building entrancefnents:and(or 4)toi otherwise enhance public spaces suds as sidewalks,plazas,fountains,or outdoor seating areas in order to further die purpose and intent of the Overlay.Major deviations front the build-to line requirement above on excess of 15 feet)may be allowed,but only with sufficient justification and contingent upon life approval of a community Design Appeal application(see Chapter 2,Article il,.Sectiun 43). 3 Shall be defined by the applicable zoning district. As indicated in the footnote, the width of the entire Pedestrian Zone within the Urban Commercial Overlay District is 20.5' measured from the back of curb for Federal Highway and 86 Baywal k "' ;w g c 16 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 consists of three components including a 5' wide Street Tree Area with trees spaced between 20'-25' on center apart, a 10' wide Sidewalk measured from the centerline of the Street Tree Area and then an 8' wide active area. This application proposes to comply with the 5' wide street tree area and the 10' Sidewalk however requests a variance to reduce the width of the Active Area from 8' to 6' in width. In total, the proposed width of the Pedestrian Zone is 18.5' and will be improved completely with pavers except where there are the 6 required 5' x 5' street tree wells. In other words, 167'-4" of the 197'-4" frontage will be a paved area that is 18.5' wide and shaded by the street trees. In the remaining 30' where there are street trees, the Sidewalk and Active Area will be a paved width of 13.5 feet. (6' Active Area + 7.5' to the centerline of the Street Tree well). There will be a continuous unobstructed public pedestrian paver sidewalk area that is at least 13.5' in width along the entire frontage. Although it could be argued that the design meets the intent of the Pedestrian Zone, the variance is being requested to document the technical reduction of the Active Area from to 8' to 6' in width. In consideration of this variance request, it should be noted that there are discrepancies in City documents that regulate this area of Federal Highway. The CRA Community Redevelopment Plan (CRA Plan) that was adopted by City Commission in 2016/2017 recommends the frontages in the Federal Highway Corridor Area have a 5' wide street tree area, an 8' wide sidewalk with NO requirement for an 8' Active Area for a total of 13 feet. Whereas, the Urban Commercial Overlay District found in the City's Code that regulates this same Federal Highway frontage requires the Pedestrian Zone to include a 5' Street Tree Area, a 10' wide Sidewalk measured from the centerline of the street tree area and an 8' wide Active Area for a total of 20.5 feet. Therefore, these two City documents directly contradict each other. According to City staff, the intent was to have a larger Pedestrian Zone in the downtown area where there will be greater pedestrian activity than areas such as the subject site that are closer to the southern extent of Federal Highway in the City that have less pedestrian activity. The regulations in City Code have not been updated to correspond with the CRA plan. There is another anomaly for the Urban Commercial Overlay District versus other overlay districts identified in the City Code that should be considered. There are other overlay districts that make up the downtown area, which will have more pedestrian activity, where the current regulations require a total width of 18.5' for Pedestrian Zone. These areas include the Downtown Transit Overlay Development District (DTODD), Boynton Beach Boulevard Overlay District (BBBO) area and the Cultural District Overlay area (CDO) along Ocean Avenue. The sidewalk width requirement for the Pedestrian Zone in each of these other overlay districts is 8' versus the 10' required in the Urban Commercial Overlay District where there is less anticipated pedestrian activity. These overlay areas also require commercial uses along the street frontages which will utilize the Active Zone with uses such as outdoor dining and retail displays whereas the frontage of the subject property requires active areas along the street frontage, such as the proposed recreational amenities, but not commercial uses. In fact, according to the City Code's Use Matrix, commercial uses are not allowed in the IPUD zoning of this property. Therefore, the Active Area could be considered to be unnecessary in its entirety, however, the Applicant is proposing the minimum reduction to the width to continue to provide a more than functional Pedestrian Zone and accommodate City staff's recommendations. 87 Baywalk "' ;w g c 17 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 It is the understanding of the Applicant that City staff is aware of these discrepancies and are working on code amendments to address them, however for this application, the regulations exist and therefore a variance is required to deviate as proposed by this application. As a last general point related to the variance request, Baywalk is a proposed quality townhome development that will rely on being marketed as a secure and upscale community and the individual townhomes offered for sale. Contrary to the commercial uses (open to the public) required in other areas of the City, the proposed recreational areas will be for the sole use and enjoyment of the residents of the community and their guests. Although there will be points of ingress and egress from the recreational buildings to the public sidewalk, there must be a sense of security and privacy for the project to be marketable and for townhomes to sell. The recreation buildings are strategically placed with closest proximity to Federal Highway and directly adjacent to the Activity Zone so as to make the community's most active and interactive spaces visible to the public. The recreation buildings will have glass facades visible to Federal Highway and direct access to the public sidewalk area to be reconstructed along Federal Highway so residents can be seen utilizing these spaces and further integrating and engaging them to the adjacent activity zone via direct points of ingress and egress to Federal Highway. Reduction of the Active Area from 8' to 6' in width continues to provide the pedestrian space and visual intent of the Pedestrian Zone, yet with active and secured recreational amenities for the exclusive use of residents of the Baywalk community. Based on the general factors above, this application therefore requests approval of a variance to reduce the 8' Active Area to 6' in width for a total 18.5' wide Pedestrian Zone. Pursuant to Chapter 2. Article II. Section 4.D, in order for the City Commission to grant a variance, the following criteria must be demonstrated: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. Response: As indicated above, there are conditions and circumstances for this property which apply to this property that may not be applicable to other lands, structures or buildings in the same zoning district. The IPUD zoning of this land could be applied to other lands within the City that are not within the Urban Commercial Overlay District and therefore not required to provide the Pedestrian Zone. In addition, as indicated above, the total width of the Pedestrian Zone in other overlay areas in the downtown of the City is the same 18.5' as proposed by this application but those areas will have a greater amount of pedestrian activity where commercial uses are required along the street frontage. Even with the variance, Baywalk will still provide the total width of the 18.5' of Pedestrian Zone without having commercial uses. b) That special conditions and circumstances do not result from the actions of the Applicant for the variance. Response: the factors outlined above for consideration of this variance are all related to plans or regulations that have been adopted by the City. The proposed variance provides a Pedestrian Zone that is consistent with the CRA Recommendation Plan and 88 Baywal k "' ;w g c 18 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 other overlay areas where there will be greater need for pedestrian areas. The Applicant proposes to implement the 5' Street Tree Area and 10' wide Sidewalk but reduce the Active Area from 8' to 6' in width for a total Pedestrian Zone of 18.5' in width. This will allow for more efficient private recreational space for the residents of the community but continue to provide a Pedestrian Zone that is equal to the downtown areas. The inconsistencies of the plans and regulations are not the result of actions of the Applicant although the intent is continued to be provided. c) That granting the variance requested will not confer on the Applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. Response: This request is specific to this project and property., There are other areas and zoning districts within the City where the proposed total width of the Pedestrian Zone is a requirement and therefore does not confer a special privilege. d) That literal interpretations of the provisions of the ordinance would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the Applicant. Response: A literal interpretation will require a wider Pedestrian Zone than downtown areas of the City where there are no proposed commercial uses which typically utilize the Active Zone proposed for reduction and take away viable land that is intended for the sole use and enjoyment of the residents of Baywalk and their guests. With that said, the project continues to provide a Pedestrian Zone that is consistent with other areas and adopted plans of the City. e) That the variance granted is the minimum variance that will make possible reasonable use of the land, structure, or building. Response: The proposed variance is to reduce the 8' wide Active Area to be 6' in width to allow for a sufficient and consistent Pedestrian Zone but yet provide a recreational space suitable for marketing and use of the community. Although the Applicant would enjoy even more area for recreational amenities, the proposed reduction of 2 feet is the minimum variance for reasonable use of the land. f) That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Response: The intent of the Pedestrian Zone is to bring buildings closer to the roadway frontages and to engage public spaces with the pedestrian walkway. The proposed development plan meets this intent. Upon granting of the variance, the build-to line is 2' closer to Federal Highway and the proposed Pedestrian Zone will be the same total width as other areas in the City, which is consistent with the adopted CRA Plan. There will still be a minimum of 13.5' of paver area along the frontage of Federal Highway 89 Baywal k "' ;w g c 19 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 within the Active Area and Sidewalk where there are Street Trees and 18.5' in between the Street Tree areas. In comparison, the width of a sidewalk required by the American Disabilities Act is 44 inches and considered to not be injurious or detrimental to the public welfare. Thus, the proposed variance to reduce the Pedestrian Zone by 2' will NOT be injurious or detrimental to the public welfare. CONCLUSION We appreciate your consideration of this request for Major Modification to the Master Plan and Site Plan for the Baywalk project as well as the proposed variance to reduce the Pedestrian Zone. Should you need any additional information, the project managers at UDS are Bradley Miller, AICP (b! iillll it udsflloiriida„coirn and Ailish Villalobos aviillllallolbos udsflloiriida„coirm� who ................ ...... .............................................. .................................................................................. can be reached at 561-366-1100. 90 1 II Boynton Beach Community Redevelopment Plan I o0w,,.,.. pill BOYNT B E w i q CITY COMMISSION CRA BOARD Steven Ba Gant, Mayor Steven Ba Gant, Cham Mack dray, Vice Mayor Mack Mcray, Vice Chair Justin Katz, Commissioner Justin Katz, Board Member Joe Casello, Commissioner Joe Casello, Board Member Christina Ro elus, Commissioner Christina Ro elus, Board Member CRA ADVISORADVfSOR Y BOARD CITE'STAFF Linda Crass, Chair Dari L,aVerriere, City Manager Robert Pollock, Vice Chair Vivian Brooks, Executive Director Paula Melley, ward Member Michael Simon, Assistant Director Rick Maharajh, ward Member Andrew Mack, Development Director James DeVoursney, Board Member Michael Ru pf; Planning and Zoning Director Thomas Murphy, Jr®, Board Member Amanda Bassiely, Senior Planner/Urban Designer Allan Hendricks, Board Member Manna Matras, Senior Planner Adoption Date.- October 4, 2016 3 91 ui „iii.. .... The Boynton Beach Boulevard Districtis envisioned to serve as a welcoming and beautiful entry into the Downtown District. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and will be able to park their bikes at one of the local shops where they'll meet a friend for a cup of coffee. Visitors will be able to find their way to the marina, the Children's Schoolhouse Museum and the Public Library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. t TM°. ui murmuueuimdatliiouims Stireetsca ..................................................................................................................................................................IIIA....... Streetscape enhancements are recommended for the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program Minimum 8' wide active use area abutting the for Boynton Beach Boulevard including the building addition of: Decorative light poles at both the vehicular and • On-street parking pedestrian scales • Bike lanes Enhanced street furniture, bus shelters, bike • Enhanced median with mature tree canopy racks and receptacles (at time of planting) and landscape lighting Active uses along the first floor of development • Marking of major intersections with Create a greenway along the north side of NW 1 st materials such as pavers, paint, etc. Avenue per the Connectivity Plan • Narrowing of travel lanes to create space Create way finding signage to mark the entry into for landscaping and wider sidewalks and the City and brand the district to make the street safer for bicyclists and Pedestrians. Install public art in key locations • Create a Pedestrian Zone adjacent to the right- Provide additional pedestrian crossings where of-ways that is inviting, safe and includes: needed • Addition of canopy street trees Underground overhead utilities • Minimum 8' wide clear sidewalk Wflsx WYir�✓ � � � "�i,. pr '� �' G a r � Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area 60 92 I ecoui°ur°uuui nevi mdstliioui ms blur°°Lcui i 11 1 iii urm .... Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, uses, and overal character. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard.Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors. • Approximately 75%of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton Beach Blvd. • All buildings along Boynton Beach Blvd shall have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 22: Example Greenway Recommended on First Avenue 61 93 ii s01111 m The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. The concentration of public art and other cultural amenities will foster a sense of community. Public events such as the Kinetic Art Expo and the Haunted Pirate Fest are already anchored within the District and attract residents and visitors to experience Boynton Beach's unique character. Ocean Avenue will maintain its character through the creation of an overlay district ecrmui imus°ur°uuouimr:t Ilii °rums Stireetsca . Streetscape enhancements are recommended for both Ocean Avenue and Seacrest Boulevard. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: Ocean Avenue • Implement a Complete Streets program for Ocean Avenue to accommodate bike lanes and bike racks, safe pedestrian crossing at the FEC Railway and on-street parking where possible. • Create a curbless festival area between Seacrest Boulevard and S.E. 1st Street • Enhance the intersection of Ocean Avenue and Seacrest Boulevard with a vertical entry feature, with changes in surface materials such pavers and paints. • Add signage at the FEC Railway announcing entry into the Downtown area. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Minimum 8'wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales ® Streetscape Enh,anceiments Streetscape Enhancement • On-street parking • Ora-street parking) • Designated bike lanes &facilities Designated bike lanes Recllucs lane width • Landscaping/street tree improvements Enhance-crosswalks, • S dewalk expansions, and repair's.. G Pub is art a1b,ng Avenue • CurbN,ess lostival'slr et s,eclion wl • Material and! pattern enhancements t ^ a, /p � ��, l•�� f td i I N „�.� urvl r al r r N' r� z r , w, icy /�� r,r., ✓% i <, r .. ' �/ Figure 28: Ocean Ave. Streetscape Recommendations Figure 29: Seacrest Blvd. Streetscape Recommendations 71 94 l f?ecium ii ilii uu ui .; tui ui s uirlbain Illi t „ui ui . Create/ modify an overlay district for Ocean Avenue, which encompasses the entire Cultural District, to control height at street frontage, building setback, design, uses and overall character. • Ocean Ave will be designed to have a streetwall (building faces) abutting the pedestrian zone. • Active commercial uses shall be required on the street frontage of Ocean Ave.Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • Structures along Ocean Avenue shall be designed to the pedestrian scale and have a maximum height of 35', consistent for a depth of a minimum of 30'. • Maximize glazing on first floors • Require street canopy trees • Public spaces such as plazas or greens shall be created as part of each project. Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. treetwall Design • 35' rnax fronting Ocean Ave • Additional height must be stepped hack 3 ' • Commercial uses required along Ocean, • Public spaces such as plazas or green areas required along Ocean n • Maximize glazing on first flour • Pedestrian shade F n kyr w �y TI Figure 35: Ocean Ave. Streetwall Design XB, meroB�ea vm➢J p:m�`N'�'rca° 4'+IaB,,n IirS�09, .n. f Rx"u9emnam moor, V"�w hrr ad rhiwow rnu .. �� ' r 9 - rG cx m Figure 36: Ocean Ave. Design Diagram 95 eeui m Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. cc ' ui "uuurmuueui `�a':liiouis' S'tui ce'tscs e Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8'wide clear sidewalk • Minimum 8'wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 85 96 u oui m The Federal Highway Corridorshall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, improve and activate the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. IIII° oc��ui�°sur°m°ui�cuimtatliioui�s �tuicotscs o Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Decorative light poles at both the veh cular and pedestrian scales • Require installation of canopy trees t at provide immediate shading at time of construction • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Stree per the Connectivity Plan 99 97 ,iiirlbain Illl,;;tcsuigiq . The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on-street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, these uses must front Federal Highway and shall maximize glazing facades visible from rights-of-ways. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30' • Buildings fronting Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Curb cuts shall be permitted on Federal Highway only when access is not possible from the rear or side. • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. • Building roofs shall have vertical breaks to prevent long unbroken spans. • Building facades shall be articulated with plane changes at least one foot deep with changes in color texture and material. • All buildings along Federal,Highway must have pedestrian access from the right-of-way/sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. 02 98 The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. IIII°��c ��ui�i°mur°m°uuoui��'';�atliioui�s Stiuootsca c ..................................................................................................................................................................IIIA.......... Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings (including mid-block)along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8' wide clear sidewalk • Decorative light poles at b the vehicular and pedestrian scales • Require installation of can py trees that provide immediate shading at time of construction • Undergrounding of overhead tilities • Creation of a greenway to co nect the greenway proposed along NW 1st Avenue, Sara Sims Park, and Wilson Park per the Co nectivity Plan • Creation of an eco-trail to c nnect the existing scrub and linear parks per the Connectivity Plan 0 99 7.0 New Business 07/25/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 07/25/2023 Bay Walk Variance (ZNCV 23-003) Requested Action by Commission: Approve request for a Variance from Part III, Chapter 3, Article III, Section 8.13.6 of the Land Development Regulations (Building and Site Regulations) requiring an eight (8) foot wide Active Area along North Federal Highway, to allow a six (6) foot wide Active Area along North Federal Highway, a variance of two (2) feet, a property located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. Explanation of Request: The subject 2.27-acre parcel is located south of Old Dixie Highway, abutting the west side Federal Highway. In 2008, an approval of a Planned Infill Development (IPUD) consisting of 40 dwelling units was granted for the subject site; however, the project was not constructed and the approval expired. The current applicant seeks approval of a completely redesigned townhome development with fewer dwelling units than originally approved in 2008. The proposed project includes a total of twenty-five (25) fee-simple dwelling units located within six (6) separate buildings. In addition to the required parking and related site improvements (i.e. landscape, lighting, drainage), the unit owners and visitors will have access to various amenities (fenced dog park, pool area, game room, indoor & outdoor recreational space). Approval of the proposed Major Master Plan Modification (MSPM 23-004) and Major Site Plan Modification (MPMD 23-003) is dependent on the applicant's ability to secure approval of this Variance Application (ZNCV 23-003), which seeks to reduce the required Active Area along North Federal Highway from eight (8) feet to six (6) feet (a reduction of two (2) feet). The Variance application has been reviewed concurrently with the aforementioned Major Master Plan Modification and Major Site Plan Modification, and the reduced Active Area is reflected on the plans provided with these applications (Exhibit B). How will this affect city programs or services? N/A Fiscal Impact: N/A 100 Attachments: Staff Report Exhibit A- Location Map Exhibit B - Drawings Exhibit C - Justification Statement 101 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-024 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda B. Radigan, AICP Planning & Zoning Director FROM: Luis Bencosme, Senior Planner DATE: July 19, 2023 PROJECT: Bay Walk Variance (ZNCV 23-003) REQUEST: Approve request for a Variance from Part III, Chapter 3, Article III, Section 8.13.6 of the Land Development Regulations (Building and Site Regulations) requiring an eight (8) foot wide Active Area along North Federal Highway, to allow a six (6) foot wide Active Area along North Federal Highway, a variance of two (2) feet, a property located at 3103 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Felipe Vergara, 3103 Boynton Development, LLC. BACKGROUND The subject 2.27-acre parcel is located south of Old Dixie Highway, abutting the west side Federal Highway. In 2008, approval of a Planned Infill Development(IPUD) consisting of 40 dwelling units was granted for the subject site; however, the project was not constructed and the approval expired. The current applicant seeks approval of a completely redesigned townhome development with fewer dwelling units than originally approved in 2008. The proposed project includes a total of twenty-five (25) fee-simple dwelling units located within six (6) separate buildings. In addition to the required parking and related site improvements (i.e. landscape, lighting, drainage), the unit owners and visitors will have access to various amenities (fenced dog park, pool area, game room, indoor& outdoor recreational space). Approval of the proposed Major Master Plan Modification (MSPM 23-004) and Major Site Plan Modification (MPMD 23-003) is dependent on the applicant's ability to secure approval of this Variance Application (ZNCV 23-003), which seeks to reduce the required Active Area along North Federal Highway from eight (8) feet to six (6) feet (a reduction of two (2) feet). The Variance application has been reviewed concurrently with the aforementioned Major Master Plan 102 Page 2 Bay Walk Variance ZNCV 23-003 Modification and Major Site Plan Modification applications, and the reduced Active Area is reflected on the plans provided with these applications (Exhibit B). PROPOSAL The Variance application process is available to applicants requesting deviation from a quantifiable standard, measure or regulation of Chapter 3 and Chapter of the Land Development Regulations, when the applicant is able to demonstrate that a hardship specific to the property exists and the request is not intended to circumvent the applicable Land Development Regulations. The Bay Walk property is located within the Urban Commercial District Overlay, which includes all properties that abut the west and east sides of North Federal Highway. New developments are required to meet the Pedestrian Zone requirements, consisting of a five (5)- foot wide street tree area measured from the back of curb, followed by a ten (10)-foot wide sidewalk measured from the center of the street-tree area, and an eight(8)-foot wide Active Area. The outer edge of the Active Area stablishes the applicable build-to-line. The Variance application requests the reduction of the required eight (8)-foot wide Active Area by two (2) feet, resulting in a six (6)-foot wide active area. ANALYSIS The City Commission has the authority and duty to authorize, upon appeal, such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of an ordinance, the applicant must demonstrate that the request meets the following criteria (a-g). The applicant's justification and response to these criteria is attached (Exhibit C). a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The intent of the IPUD zoning district is to encourage the construction of unique, high quality and compatible multi-family residential developments that exceed the basic development standards of the Land Development Regulations in terms of site design, building architecture, construction materials, amenities and landscape design. The project proposes a townhome development containing large (3,297 SF) and modern townhome units with residential amenities, recreational spaces and high-quality landscaping. The applicant is requesting the reduction of the Active Area from eight (8) feet to six (6) feet in order to provide the recreational spaces and amenities in line with market trends. The existing Urban Commercial District Overlay code section requires the placement of active uses fronting North Federal Highway. Therefore, the project's recreational spaces (pool area, gym and game room) — which would meet the active use requirements — have been located at the front of the site, abutting North Federal Highway in order to meet the Overlay's Active Use requirements. b. That the special conditions and circumstances do not result from the actions of the applicant. According to the Urban Commercial Overlay regulations, all projects fronting North Federal Highway are subject to the Pedestrian Zone requirements regardless of the parcel's Page 2 Bay Walk MSPM 23-004 & MPMD 23-003 103 Page 3 Bay Walk Variance ZNCV 23-003 dimensions, size and zoning district designation. The proposed IPUD (Infill Planned Unit Development) project is subject to the pedestrian zone requirements because the property fronts North Federal Highway. The proposed dwelling units, narrow property frontage (197.33 LF) and required site improvements (i.e. drive entry, landscape buffers, foundation planting, and full pedestrian zone) would reduce the recreational spaces (pool area, gym and game room) considerably to the point of impracticality, thus prompting the submittal of this Variance application. The additional space gained with the approval of the Variance would allow the construction of more functional and practical code-required recreational spaces, which would ultimately be enjoyed by the future residents and visitors of the development. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The project meets the core intent of the Pedestrian Zone requirements. Staff believes that the requested reduction of the Active Area width is reasonable and appropriate based on the parcel's spatial restrictions, the parcel's location along a more residential part of North Federal Highway, and the existing pedestrian zones of similar developments adjacent to and nearby the subject parcel. The applicant is not requesting the complete elimination of the Active Area; the project would still provide a well-integrated Active Area supported by the proposed active uses (gym and game room). The Active Area will be improved with the use of colorful and flowering foundation plantings, compatible architectural design features and treatments (glazing, light building colors and canopies) and an artist-designed green wall. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the Pedestrian Zone requirements would deprive the applicant of rights that are currently being enjoyed by multiple existing townhome developments (Murano Bay, Manatee Bay and The Harbors)that front North Federal Highway and are zoned IPUD (Infill Planned Unit Development). These developments do not provide a Pedestrian Zone with an Active Area. Additionally, the literal interpretation and application of the Active Area requirements may cause undue hardship on the applicant and future residents as the benefits of providing slightly larger recreational spaces (pool area, gym and game room) outweigh the benefits of providing larger Active Area. Disapproving the Active Area width reduction would result in smaller and less functional recreational spaces and amenities. The reduced Active Area requested by this variance would still meet the general intent of the Urban Commercial District Overlay requirements and the vision of the Federal Highway Corridor, per the CRA Redevelopment Plan. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. As previously mentioned, the applicant has requested a variance to provide a six (6)-foot wide Active Area rather than the required eight (8)-foot wide Active Area. The overall width of the Pedestrian Zone (18.5 feet) would be compatible with the existing Pedestrian Zones of nearby developments fronting North Federal Highway. Per the applicant's Justification Page 3 Bay Walk MSPM 23-004 & MPMD 23-003 104 Page 4 Bay Walk Variance ZNCV 23-003 Statement (Exhibit C), the two (2)-foot reduction would allow the applicant to provide code- required practical recreational amenities for the benefit and enjoyment of the future residents and visitors. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter[ordinance]and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance would still allow the project to provide an appropriate Active Area that will be in harmony with the intent of the Pedestrian Zone. The project proposes a pedestrian- friendly environment that is cohesive, inviting and safe. The proposed building frontage and Pedestrian Zone would be in visual harmony with surrounding developments, consisting of colorful and flowering foundation plantings, an artist-designed green wall, a 10-foot wide sidewalk clear of obstructions and a 5-foot wide street tree area with shade trees. Additionally, the proposed building fenestration would allow the occupants of the active use buildings (gym and game room) to engage with the public, as the proposed windows and doors consist of large transparent glass panes. CONCLUSIONS/ RECOMMENDATION Staff has reviewed this variance application against the general intent of the Federal Highway Corridor Redevelopment Plan and corresponding Urban Commercial District Overlay Zone requirements. While the width of the proposed Active Area is 6 feet rather than 8 feet, the architecture of the proposed buildings and Pedestrian Zone would be in harmony with the surrounding developments. The buildings have been designed to allow the occupants to engage with the public, while maintaining a certain level of exclusivity, privacy and security. Staff recommends approval of the variance request, subject to any conditions of approval added by the Planning & Development Board or the City Commission. S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Bay Walk IPUD - 3103 N Federal Highway- Copy\Variance Application\Staff Report\Staff Report- Bay Walk Variance Request.docx Page 4 Bay Walk MSPM 23-004 & MPMD 23-003 105 r fr y y e • - i i p �,41 • a i Y i s v� • � 1 Ij n � • , I p i �% if � • �j�a �('• '„;,,,, � °j 1' ��/,�� /�� ,, r// ;� �' I�' Ngi��l �.I�°�'AN� � i4ii �I�I .. i F i 0 52:5 1.25„ 250 3'75 500 u. 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On January 2, 2008, the City Commission approved the Baywalk project for 40 condominium units at 17.7 dwelling units per acre. Time extensions of the approvals have been granted since the original approval and therefore, the development order remains valid. The property is under the same ownership, however since those approvals, the property has a new Contract Purchaser who is proposing to redesign the project. On behalf of the Contract Purchaser, 3101 Boynton Development, LLC ("Applicant"), Urban Design Studio has prepared and hereby respectfully requests approval of this Major Master Plan Modification & Major Site Plan Modification to redesign the site with 25 townhouse units consisting of six (6) buildings, and related amenities along with a variance request to reduce the required 8' wide Active Area for 6' in width within the Pedestrian Zone (per Chapter 3 Article III Section 8.13.5). This site is located in the Infill Planned Unit Development (IPUD — 20 du/ac) zoning district and has a future land use designation of Special High Density Residential (SHDR — 20 du/ac). Pursuant to Chapter 2, Art.2, Section 2.D.6.f of the code and confirmed by Staff at a pre- application meeting held on October 5, 2022, the proposed modifications classify as a "major modification". The site plan must be consistent with the master plan; therefore, any request to modify a master plan may require the submittal of a concurrent request for site plan modification in accordance with Section 2.F.7. The following is a description of the project. PROJECT INFORMATION Applicant 3101 Boynton Development, LLC/ Felipe Vergara Owner Southern Homes of Palm Beach V, LLC Agent Urban Design Studio, Bradley Miller, AICP /Ailish Villalobos Site Location West side of Federal Highway, approximately 0.12 miles south of Old Dixie Hwy. PCN's 08-43-46-04-17-000-0620 Existing FLU Special High Density Residential (SHDR—20 du/ac) Existing Zoning Infill Planned Unit Development(IPUD—20 du/ac) Existing Use(s) Approved (unbuilt)40 condominium unit development (17.7 du/ac) Proposed Use(s) 25 townhouse unit development (11.01 du/ac) Site Area 2.27-acres 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 P: 561-366-1100 www.udsflorida.com LA0001739 125 Baywal k "' ;w g c 12 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 SURROUNDING PROPERTY North: Developed commercial property (self-storage facility) zoned Community Commercial (C-3); South: Developed multi-family residential property (Seabourn Cove) designated Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD); East: Right-of-way for Federal Highway, followed by developed multi-family residential property (Waterside Village) designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); West: Developed multi-family and single-family residential property located in unincorporated Palm Beach County designated Commercial High, 5 units per acre (CH/5) and zoned Residential Multi-family (RM). PROPOSED DEVELOPMENT DESCRIPTION The subject site is a 2.27-acre property located on the west side of Federal Highway, approximately 0.12 mile south of Old Dixie Highway with a physical address of 3101 N Federal Highway. The subject site is currently undeveloped. Under the SHDR land use classification and IPUD zoning district, the maximum allowable density is 20 units per acre, which would allow the Applicant a maximum of 45 dwelling units on the 2.27-acre subject site. The site is currently approved for 40 dwelling units (condominium), which equates to a density of 17.7 dwelling units per acre. This application proposes a decrease to 25 dwelling units (townhome)which equates to a density of 11.01 units per acre and below the maximum allowable density for the site. Townhouses are permitted uses in the IPUD zoning district. The intent of the proposed project is to provide a fee simple — for sale quality residential community. The project proposes one point of ingress/egress located on Federal Highway. The point of access is comprised of 2 lanes that total 24-feet in width and allow for right turn only. A gated entry feature is located 60-feet from the project entrance to provide for sufficient and safe vehicular stacking. A preliminary approval letter from FDOT for the driveway and gates is provided with this application and will ultimately be permitted through the City and FDOT. A turn-around space is also provided at the project entrance along with a handicap parking space and access to the resident recreational amenities, which includes a dog park, a swimming pool, a fitness center (gym) and a game room. The 25 dwelling units are intended to be sold as fee simple lots and are proposed within 6 separate buildings, with 3 buildings located on each side of the internal driveway and turnaround spaces provided at the terminus of the driveway. Building 1 contains 5 units and Buildings 2 through 6, contain 4 units each. All units will include 3 bedrooms, 3.5 bathrooms, an office/den area, a 2-car garage, covered patio and optional splash pool. 126 Baywal k "' ;w g c 13 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 The maximum building coverage in the IPUD zoning district is 50%, which equates to 49,342 for the 2.27-acre site. Provided is a total building coverage of 45.16% (44,566 square feet) which is below the allowable amount, along with 28.43% (28,058 square feet) of landscape area and 26.41% (26,061 square feet) of hardscape. A breakdown of the project building coverage is provided below: BUILDING COVERAGE BUILDING# BUILDING COVERAGE UNIT A-BUILDING#1 8,050 SF UNIT B-BUILDING#2 6,435 SF UNIT B-BUILDING#3 6,435 SF UNIT B-BUILDING#4 6,435 SF UNIT B-BUILDING#5 6,435 SF UNIT B-BUILDING#6 6,435 SF GAME ROOM BLDG. 2,480 SF GYM BLDG. 1,861 SF TOTAL 44,566 SF Each unit will be provided a city trash roll-out bin which will be individually stored within the unit garage and rolled out for pick up on designated days. Provided internal to the site is a covered mail kiosk and a fenced in dog park is designated in the southwest portion of the site. The recreational amenities provided meet and exceed the IPUD recreation and useable open space area requirements. While the IPUD zoning district is flexible on minimum building setback requirements, the proposed setbacks have been provided for compatibility purposes to mirror the surrounding uses. Additionally, the setbacks are provided to accommodate a buffer wall and required buffer landscaping. The maximum height of buildings in the IPUD zoning district is 45-feet, all proposed structures comply. Building elevations and floor plans, prepared by Randall Stofft Architects, are provided with this application for further detail. Based on the proposed 25-unit development and code parking requirement at 2 parking spaces per unit, along with 0.15 parking spaces per unit for guest parking, that would equate to a total of 54 parking spaces required. Each unit will have a 2-car garage and will be regulated by Property Owner Association documents to park their vehicles within the garage only. There are also 6 guest parking spaces provided throughout the site for a total parking count of 56 spaces, which meets and exceeds the 54-parking space requirement. Landscaping remains in compliance with the prior approval which includes a complimentary mix of trees and palms with ROW landscape strips, perimeter buffers, landscape islands in parking areas and foundation plantings around the buildings. For the frontage of Federal Highway, footnote #1 of Table 3-27 in the code requires a build to line which consists of a 5' street tree area, a 10' wide sidewalk measured from the center of the street tree area (net 7.5') and an 8' Active Area to create a Pedestrian Zone. In addition to the Pedestrian Zone, there is a requirement for the dedication of a 10' wide general utility easement for the future undergrounding of utilities. Due to the location of existing and future underground utilities, it 127 Baywal k "' ;w g c 14 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 may be necessary to reconfigure the Pedestrian Zone requirements during the permitting process when more detail is known as to specific utility line locations. This application proposes a variance to the Pedestrian Zone requirements to reduce the width of the required 8' Active Area to 6' in width measured from the western edge of the 10' wide sidewalk. As is permissible by the property's current land use and zoning district, the project exclusively offers residential buildings and recreational amenity structures located along the property frontage and Pedestrian Zone. In order to comply with the Pedestrian Zone requirements, the recreational amenities areas have been designed to provide building frontage, a green wall amenity to engage with the public sidewalk and access along the property frontage. The recreation buildings will have glass facades visible to Federal Highway and direct access to the public sidewalk area to be reconstructed along Federal Highway. In addition, there will be a section of the property frontage adjacent to the pool area where there will be a green wall constructed. The proposed 6' wide Active Area will be between the green wall and the 10' sidewalk which is measured from the center line of the 5' wide Street Tree Area, therefore in the areas where there are no trees, there will be 18.5' of paved pedestrian area along Federal Highway. The variance is further discussed and justified later in this statement. Through review and discussions with City staff, this proposed design of the Pedestrian Zone meets the intent of the Code and is consistent with the goals for a Complete Street design. The proposed development will meet all Concurrency requirements. Preliminary Engineering Plans, prepared by Caulfield & Wheeler, and a Traffic Study, prepared by JMD Traffic Consulting, are provided with this application for review and analysis. Also provided with this application is a Traffic Performance Standards (TPS) letter from Palm Beach County which confirms the proposed 25-unit development meets the TPS roadway standards and a School Capacity Determination letter from the School District of Palm Beach County confirming there is adequate school capacity to accommodate the resident population for the 25-unit development. The Applicant is proposing the green wall be designed and utilized as the required public art piece located along Federal Highway and will work directly with the Public Arts Administrator on further design details to be addressed at permitting CODE CRITERIA Master Plan - Pursuant to Chapter 2, Art.2, Section 2.D.6.f., changes to master plans are considered "minor" or "major" based on the following six (6) criteria. A pre-application conference with staff is a prerequisite to filing an application for modification. (1) The modification increases or decreases the building square footage (intensity) or number of dwelling units (density) by more than 5%; (2) The modification eliminates a point of ingress and egress; (3) The modification reduces the cumulative area of each of the required or provided open spaces, green spaces, and pedestrian plazas by more than 5%, changes the location of such spaces, or does not otherwise meet the intent of these regulations; 128 Baywal k I I" ;w g c 15 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 (4) The modification alters the project so that the modified master plan does not resemble the approved master plan; (5) The modification affects or does not comply with a condition of approval of the preceding development order; and (6) The modification is proposed to a city-owned or operated facility and does not adversely impact adjacent properties and/or public lands. As referenced prior, a pre-application meeting was held with Staff on October 5, 2022, and it was determined that the proposed modifications with this application are considered to be a Major Master Plan Modification and a concurrent Major Site Plan Modification would also be required per Code. As such, and pursuant to Chapter 2, Art.2, Section 2.D.6.g. and Section 2.F.2.b, the proposed Master Plan and Site Plan are in compliance with Chapter 3, IPUD zoning district regulations and Chapter 4 site development standards. It is also understood that at the time the City Commission approves this request for a Major Master Plan Modification, any previously approved Master Plan, including Conditions of Approval, shall be null and void, all future development shall be consistent with the Master Plan provided herein and approved by the City Commission. Variance - This application requests approval of a variance from Chapter 3 Article III Sect. 83.5 Urban Commercial District Overlay (Table 3-27), Footnote 1, to reduce the 8' wide Active Area requirement to 6' wide to create an 18.5' wide Pedestrian Zone along the frontage of Federal Highway. 5. Building and Site Regulations(Table 3-27).Development within this overlay shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: LT&i ILLYI:NG SITE LtL GLIL ATIONS Unit—,Ctynrmereial Iniorict Civeriny Buitd-tn 9irre:'L,Z Point(abutting any public righl-of-way): 0 ft. Rear: a ft. Interior side: 0 ft. Minimum yid w ilbacl- Rearr(abutting residential district): 30 feet Interior side(abutting residential district): 15 feet minds m onuoure height: ZoningT t %T Buildings and structures fiornting Federal Highway,or other roads described in the CRFs Plain,shall be located no father than zero(fo)feel from the property line,except in Lonjunclion with providing required visibility at intersections;.duveways;opera spares and public plazas;.or when additional setback is necessary to provide for required"Pedestrian Zane"(PZ).The rniaiinrurn ;PZ Is curnprised of three(3)components:1)a five(5)foot wide street tree area,nneasrned ficin the back of the curb,of future curb on roads requiring a right-of-way dedication;2p a ten(10) foam wide sidewalk,free froom utstfuctions,measured from the centeritne of street trees:and 3)an eight(B)foot wide active area,measured from the sidewalk,The PZ components may vary an placement ofyJer only urn sites with conflicting right-of-way regulations,.See Section 5.C.e2.below for additional relief provisions f'roar build-to line requ iremernis. 2 Uotwrmstandinflthe required build-foo line and geiwstdiav zone requirements,renaaPnportions of buildings sirgs dnd structures aulureW maybe dArat['rm;ted n exh3AwCt the dr�arce sP eufiwd aPscrwe,but not to exceed 15 feet when necessary to 1)opnnnice landscape design:2)maximize on-site drainage solutions',3)accommodate architeutural features and building entrancefnents:and(or 4)toi otherwise enhance public spaces suds as sidewalks,plazas,fountains,or outdoor seating areas in order to further die purpose and intent of the Overlay.Major deviations front the build-to line requirement above on excess of 15 feet)may be allowed,but only with sufficient justification and contingent upon life approval of a community Design Appeal application(see Chapter 2,Article il,.Sectiun 43). 3 Shall be defined by the applicable zoning district. As indicated in the footnote, the width of the entire Pedestrian Zone within the Urban Commercial Overlay District is 20.5' measured from the back of curb for Federal Highway and 129 Baywal k "' ;w g c 16 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 consists of three components including a 5' wide Street Tree Area with trees spaced between 20'-25' on center apart, a 10' wide Sidewalk measured from the centerline of the Street Tree Area and then an 8' wide active area. This application proposes to comply with the 5' wide street tree area and the 10' Sidewalk however requests a variance to reduce the width of the Active Area from 8' to 6' in width. In total, the proposed width of the Pedestrian Zone is 18.5' and will be improved completely with pavers except where there are the 6 required 5' x 5' street tree wells. In other words, 167'-4" of the 197'-4" frontage will be a paved area that is 18.5' wide and shaded by the street trees. In the remaining 30' where there are street trees, the Sidewalk and Active Area will be a paved width of 13.5 feet. (6' Active Area + 7.5' to the centerline of the Street Tree well). There will be a continuous unobstructed public pedestrian paver sidewalk area that is at least 13.5' in width along the entire frontage. Although it could be argued that the design meets the intent of the Pedestrian Zone, the variance is being requested to document the technical reduction of the Active Area from to 8' to 6' in width. In consideration of this variance request, it should be noted that there are discrepancies in City documents that regulate this area of Federal Highway. The CRA Community Redevelopment Plan (CRA Plan) that was adopted by City Commission in 2016/2017 recommends the frontages in the Federal Highway Corridor Area have a 5' wide street tree area, an 8' wide sidewalk with NO requirement for an 8' Active Area for a total of 13 feet. Whereas, the Urban Commercial Overlay District found in the City's Code that regulates this same Federal Highway frontage requires the Pedestrian Zone to include a 5' Street Tree Area, a 10' wide Sidewalk measured from the centerline of the street tree area and an 8' wide Active Area for a total of 20.5 feet. Therefore, these two City documents directly contradict each other. According to City staff, the intent was to have a larger Pedestrian Zone in the downtown area where there will be greater pedestrian activity than areas such as the subject site that are closer to the southern extent of Federal Highway in the City that have less pedestrian activity. The regulations in City Code have not been updated to correspond with the CRA plan. There is another anomaly for the Urban Commercial Overlay District versus other overlay districts identified in the City Code that should be considered. There are other overlay districts that make up the downtown area, which will have more pedestrian activity, where the current regulations require a total width of 18.5' for Pedestrian Zone. These areas include the Downtown Transit Overlay Development District (DTODD), Boynton Beach Boulevard Overlay District (BBBO) area and the Cultural District Overlay area (CDO) along Ocean Avenue. The sidewalk width requirement for the Pedestrian Zone in each of these other overlay districts is 8' versus the 10' required in the Urban Commercial Overlay District where there is less anticipated pedestrian activity. These overlay areas also require commercial uses along the street frontages which will utilize the Active Zone with uses such as outdoor dining and retail displays whereas the frontage of the subject property requires active areas along the street frontage, such as the proposed recreational amenities, but not commercial uses. In fact, according to the City Code's Use Matrix, commercial uses are not allowed in the IPUD zoning of this property. Therefore, the Active Area could be considered to be unnecessary in its entirety, however, the Applicant is proposing the minimum reduction to the width to continue to provide a more than functional Pedestrian Zone and accommodate City staff's recommendations. 130 Baywalk "' ;w g c 17 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 It is the understanding of the Applicant that City staff is aware of these discrepancies and are working on code amendments to address them, however for this application, the regulations exist and therefore a variance is required to deviate as proposed by this application. As a last general point related to the variance request, Baywalk is a proposed quality townhome development that will rely on being marketed as a secure and upscale community and the individual townhomes offered for sale. Contrary to the commercial uses (open to the public) required in other areas of the City, the proposed recreational areas will be for the sole use and enjoyment of the residents of the community and their guests. Although there will be points of ingress and egress from the recreational buildings to the public sidewalk, there must be a sense of security and privacy for the project to be marketable and for townhomes to sell. The recreation buildings are strategically placed with closest proximity to Federal Highway and directly adjacent to the Activity Zone so as to make the community's most active and interactive spaces visible to the public. The recreation buildings will have glass facades visible to Federal Highway and direct access to the public sidewalk area to be reconstructed along Federal Highway so residents can be seen utilizing these spaces and further integrating and engaging them to the adjacent activity zone via direct points of ingress and egress to Federal Highway. Reduction of the Active Area from 8' to 6' in width continues to provide the pedestrian space and visual intent of the Pedestrian Zone, yet with active and secured recreational amenities for the exclusive use of residents of the Baywalk community. Based on the general factors above, this application therefore requests approval of a variance to reduce the 8' Active Area to 6' in width for a total 18.5' wide Pedestrian Zone. Pursuant to Chapter 2. Article II. Section 4.D, in order for the City Commission to grant a variance, the following criteria must be demonstrated: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. Response: As indicated above, there are conditions and circumstances for this property which apply to this property that may not be applicable to other lands, structures or buildings in the same zoning district. The IPUD zoning of this land could be applied to other lands within the City that are not within the Urban Commercial Overlay District and therefore not required to provide the Pedestrian Zone. In addition, as indicated above, the total width of the Pedestrian Zone in other overlay areas in the downtown of the City is the same 18.5' as proposed by this application but those areas will have a greater amount of pedestrian activity where commercial uses are required along the street frontage. Even with the variance, Baywalk will still provide the total width of the 18.5' of Pedestrian Zone without having commercial uses. b) That special conditions and circumstances do not result from the actions of the Applicant for the variance. Response: the factors outlined above for consideration of this variance are all related to plans or regulations that have been adopted by the City. The proposed variance provides a Pedestrian Zone that is consistent with the CRA Recommendation Plan and 131 Baywal k "' ;w g c 18 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 other overlay areas where there will be greater need for pedestrian areas. The Applicant proposes to implement the 5' Street Tree Area and 10' wide Sidewalk but reduce the Active Area from 8' to 6' in width for a total Pedestrian Zone of 18.5' in width. This will allow for more efficient private recreational space for the residents of the community but continue to provide a Pedestrian Zone that is equal to the downtown areas. The inconsistencies of the plans and regulations are not the result of actions of the Applicant although the intent is continued to be provided. c) That granting the variance requested will not confer on the Applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. Response: This request is specific to this project and property., There are other areas and zoning districts within the City where the proposed total width of the Pedestrian Zone is a requirement and therefore does not confer a special privilege. d) That literal interpretations of the provisions of the ordinance would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the Applicant. Response: A literal interpretation will require a wider Pedestrian Zone than downtown areas of the City where there are no proposed commercial uses which typically utilize the Active Zone proposed for reduction and take away viable land that is intended for the sole use and enjoyment of the residents of Baywalk and their guests. With that said, the project continues to provide a Pedestrian Zone that is consistent with other areas and adopted plans of the City. e) That the variance granted is the minimum variance that will make possible reasonable use of the land, structure, or building. Response: The proposed variance is to reduce the 8' wide Active Area to be 6' in width to allow for a sufficient and consistent Pedestrian Zone but yet provide a recreational space suitable for marketing and use of the community. Although the Applicant would enjoy even more area for recreational amenities, the proposed reduction of 2 feet is the minimum variance for reasonable use of the land. f) That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Response: The intent of the Pedestrian Zone is to bring buildings closer to the roadway frontages and to engage public spaces with the pedestrian walkway. The proposed development plan meets this intent. Upon granting of the variance, the build-to line is 2' closer to Federal Highway and the proposed Pedestrian Zone will be the same total width as other areas in the City, which is consistent with the adopted CRA Plan. There will still be a minimum of 13.5' of paver area along the frontage of Federal Highway 132 Baywal k "' ;w g c 19 Justification Statement Major Master& Site Plan Modification /Variance Rev. June 2, 2023 within the Active Area and Sidewalk where there are Street Trees and 18.5' in between the Street Tree areas. In comparison, the width of a sidewalk required by the American Disabilities Act is 44 inches and considered to not be injurious or detrimental to the public welfare. Thus, the proposed variance to reduce the Pedestrian Zone by 2' will NOT be injurious or detrimental to the public welfare. CONCLUSION We appreciate your consideration of this request for Major Modification to the Master Plan and Site Plan for the Baywalk project as well as the proposed variance to reduce the Pedestrian Zone. Should you need any additional information, the project managers at UDS are Bradley Miller, AICP (b! iillll it udsflloiriida„coirn and Ailish Villalobos aviillllallolbos udsflloiriida„coirm� who ................ ...... .............................................. .................................................................................. can be reached at 561-366-1100. 133 1 II Boynton Beach Community Redevelopment Plan I o0w,,.,.. pill BOYNT B E w i q CITY COMMISSION CRA BOARD Steven Ba Gant, Mayor Steven Ba Gant, Cham Mack dray, Vice Mayor Mack Mcray, Vice Chair Justin Katz, Commissioner Justin Katz, Board Member Joe Casello, Commissioner Joe Casello, Board Member Christina Ro elus, Commissioner Christina Ro elus, Board Member CRA ADVISORADVfSOR Y BOARD CITE'STAFF Linda Crass, Chair Dari L,aVerriere, City Manager Robert Pollock, Vice Chair Vivian Brooks, Executive Director Paula Melley, ward Member Michael Simon, Assistant Director Rick Maharajh, ward Member Andrew Mack, Development Director James DeVoursney, Board Member Michael Ru pf; Planning and Zoning Director Thomas Murphy, Jr®, Board Member Amanda Bassiely, Senior Planner/Urban Designer Allan Hendricks, Board Member Manna Matras, Senior Planner Adoption Date.- October 4, 2016 3 134 ui „iii.. .... The Boynton Beach Boulevard Districtis envisioned to serve as a welcoming and beautiful entry into the Downtown District. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and will be able to park their bikes at one of the local shops where they'll meet a friend for a cup of coffee. Visitors will be able to find their way to the marina, the Children's Schoolhouse Museum and the Public Library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. t TM°. ui murmuueuimdatliiouims Stireetsca ..................................................................................................................................................................IIIA....... Streetscape enhancements are recommended for the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program Minimum 8' wide active use area abutting the for Boynton Beach Boulevard including the building addition of: Decorative light poles at both the vehicular and • On-street parking pedestrian scales • Bike lanes Enhanced street furniture, bus shelters, bike • Enhanced median with mature tree canopy racks and receptacles (at time of planting) and landscape lighting Active uses along the first floor of development • Marking of major intersections with Create a greenway along the north side of NW 1 st materials such as pavers, paint, etc. Avenue per the Connectivity Plan • Narrowing of travel lanes to create space Create way finding signage to mark the entry into for landscaping and wider sidewalks and the City and brand the district to make the street safer for bicyclists and Pedestrians. Install public art in key locations • Create a Pedestrian Zone adjacent to the right- Provide additional pedestrian crossings where of-ways that is inviting, safe and includes: needed • Addition of canopy street trees Underground overhead utilities • Minimum 8' wide clear sidewalk Wflsx WYir�✓ � � � "�i,. pr '� �' G a r � Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area 60 135 I ecoui°ur°uuui nevi mdstliioui ms blur°°Lcui i 11 1 iii urm .... Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, uses, and overal character. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard.Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors. • Approximately 75%of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton Beach Blvd. • All buildings along Boynton Beach Blvd shall have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 22: Example Greenway Recommended on First Avenue 61 136 ii s01111 m The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. The concentration of public art and other cultural amenities will foster a sense of community. Public events such as the Kinetic Art Expo and the Haunted Pirate Fest are already anchored within the District and attract residents and visitors to experience Boynton Beach's unique character. Ocean Avenue will maintain its character through the creation of an overlay district ecrmui imus°ur°uuouimr:t Ilii °rums Stireetsca . Streetscape enhancements are recommended for both Ocean Avenue and Seacrest Boulevard. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: Ocean Avenue • Implement a Complete Streets program for Ocean Avenue to accommodate bike lanes and bike racks, safe pedestrian crossing at the FEC Railway and on-street parking where possible. • Create a curbless festival area between Seacrest Boulevard and S.E. 1st Street • Enhance the intersection of Ocean Avenue and Seacrest Boulevard with a vertical entry feature, with changes in surface materials such pavers and paints. • Add signage at the FEC Railway announcing entry into the Downtown area. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Minimum 8'wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales ® Streetscape Enh,anceiments Streetscape Enhancement • On-street parking • Ora-street parking) • Designated bike lanes &facilities Designated bike lanes Recllucs lane width • Landscaping/street tree improvements Enhance-crosswalks, • S dewalk expansions, and repair's.. G Pub is art a1b,ng Avenue • CurbN,ess lostival'slr et s,eclion wl • Material and! pattern enhancements t ^ a, /p � ��, l•�� f td i I N „�.� urvl r al r r N' r� z r , w, icy /�� r,r., ✓% i <, r .. ' �/ Figure 28: Ocean Ave. Streetscape Recommendations Figure 29: Seacrest Blvd. Streetscape Recommendations 71 137 l f?ecium ii ilii uu ui .; tui ui s uirlbain Illi t „ui ui . Create/ modify an overlay district for Ocean Avenue, which encompasses the entire Cultural District, to control height at street frontage, building setback, design, uses and overall character. • Ocean Ave will be designed to have a streetwall (building faces) abutting the pedestrian zone. • Active commercial uses shall be required on the street frontage of Ocean Ave.Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • Structures along Ocean Avenue shall be designed to the pedestrian scale and have a maximum height of 35', consistent for a depth of a minimum of 30'. • Maximize glazing on first floors • Require street canopy trees • Public spaces such as plazas or greens shall be created as part of each project. Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. treetwall Design • 35' rnax fronting Ocean Ave • Additional height must be stepped hack 3 ' • Commercial uses required along Ocean, • Public spaces such as plazas or green areas required along Ocean n • Maximize glazing on first flour • Pedestrian shade F n kyr w �y TI Figure 35: Ocean Ave. Streetwall Design XB, meroB�ea vm➢J p:m�`N'�'rca° 4'+IaB,,n IirS�09, .n. f Rx"u9emnam moor, V"�w hrr ad rhiwow rnu .. �� ' r 9 - rG cx m Figure 36: Ocean Ave. Design Diagram 138 eeui m Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. cc ' ui "uuurmuueui `�a':liiouis' S'tui ce'tscs e Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8'wide clear sidewalk • Minimum 8'wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 85 139 u oui m The Federal Highway Corridorshall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, improve and activate the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. IIII° oc��ui�°sur°m°ui�cuimtatliioui�s �tuicotscs o Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Decorative light poles at both the veh cular and pedestrian scales • Require installation of canopy trees t at provide immediate shading at time of construction • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Stree per the Connectivity Plan 99 140 ,iiirlbain Illl,;;tcsuigiq . The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on-street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, these uses must front Federal Highway and shall maximize glazing facades visible from rights-of-ways. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30' • Buildings fronting Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Curb cuts shall be permitted on Federal Highway only when access is not possible from the rear or side. • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. • Building roofs shall have vertical breaks to prevent long unbroken spans. • Building facades shall be articulated with plane changes at least one foot deep with changes in color texture and material. • All buildings along Federal,Highway must have pedestrian access from the right-of-way/sidewalks. • The main pedestrian entry; or front door, must be fronting Federal Highway. 02 141 The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Ifcc(wwini°mur°m°uucui '';�ctliicui c Stiu cctccc c ..................................................................................................................................................................IIIA.......... Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings (including mid-block)along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8' wide clear sidewalk • Decorative light poles at b the vehicular and pedestrian scales • Require installation of can py trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to co nect the greenway proposed along NW 1st Avenue, Sara Sims Park, and Wilson Park per the Co nectivity Plan • Creation of an eco-trail to c nnect the existing scrub and linear parks per the Connectivity Plan N .............. I 0 142 MP- 00 N I O co co I �O I L z I I I 3nN3AV SS3&DN03 0 00 Q LU Q � LU (IMA Himi a > O Q w J Q J m z U U) pON 30V2Rtl31 O - O m AHJ38VNIH:D O ~ Q ~ °z Q O LU 0�1 .�3noo ,o.0 I--- z O m GVO�l 30N32JAAV�