Agenda 08-22-23 The City of
Boynton Beach
Planning and
Development Board
Agenda
Tuesday, August 22, 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
David Tolces, Interim City Attorney
Maylee De Jesus, City Clerk
*Mission*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
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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. 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.
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. AMP Warehouse Storage Building (CDPA 23-010)
Approve request for a Community Design Appeal (CDPA 23-010) of Part III, Chapter
4, Article III, Section 3.A. "Architectural Enhancements" requirement to provide
architectural enhancements to the north and south fagades; relief of Part III, Chapter
4, Article III, Section 3.B. "Exterior Treatment and Finishes", requiring buildings to be
finished in brick or brick veneer, stone or stone veneer, stucco, and split face (accent
only), pre-formed, or textured masonry block; relief of Part III, Chapter 4, Article III,
Section 3.H. "Downspouts", requiring external downspouts to be enclosed within the
building structure.
D. Wireless Communication Facility Annual Registration (CDRV 23-007 )
Approve modifications (CDRV 23-007) amending Part III. Land Development
Regulations, Chapter 3, Article V, Section 13. Wireless Communication Facilities, to
allow for an annual registration process and fee.
8. Other
2
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 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
08/22/2023
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 08/22/2023
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
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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
08/22/2023
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 08/22/2023
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
11
Attachments:
Staff Report
Exhibit A- Location Map
Exhibit B - Drawings
Exhibit C - Justification Statement
12
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
13
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
14
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
15
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
16
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urban
BAYWALK dylo n
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 36
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.
37
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
38
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;
39
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
40
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.
41
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
42
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
43
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 (Ibis.iillll it udsflloirida„ccm) and Ailish Villalobos (Boni.11lll. ,llolbo „ udsflloirida„com) who
can be reached at 561-366-1100.
44
1
II
Boynton Beach Community
Redevelopment Plan
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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 45
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.
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..................................................................................................................................................................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
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Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area
60 46
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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
67 47
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
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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..
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Pub is art a1b,ng Avenue
• CurbN,ess lostival'slr et s,eclion
wl
• Material and! pattern enhancements
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Figure 28: Ocean Ave. Streetscape Recommendations Figure 29: Seacrest Blvd. Streetscape Recommendations
71 48
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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
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Figure 35: Ocean Ave. Streetwall Design
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Figure 36: Ocean Ave. Design Diagram
49
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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.
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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 50
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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.
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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 51
,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 52
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.
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..................................................................................................................................................................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 53
7.13
New Business
08/22/2023
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 08/22/2023
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
54
Exhibit A- Location Map
Exhibit B - Drawings
Exhibit C - Conditions of Approval
Exhibit D - Justification Statement
55
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);
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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
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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
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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:
1) 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) residential buildings, with one (1) building having five (5)
townhome units (Type A) and five (5) buildings having four (4) townhome units each
(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
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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
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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 4
structures are not required per code: structures such as
-
6
61
Page 7
Bay Walk
MSPM 23-004 & MPMD 23-003
wenings, screens, ouvers or other architectural devices
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 APPROVAL, 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.
S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Bay Walk IPUD- 3103 N Federal Highway-
Copy\Bay Walk- MSPM 23-004 and MPMD 23-003\Staff Report\Staff Report- Bay Walk (MSPM 23-004 and MPMD
7
62
Page 8
Bay Walk
MSPM 23-004 & MPMD 23-003
23-003).doc
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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,
83
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.
84
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
85
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.
86
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
87
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 88
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.
89
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
90
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;
91
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
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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
92
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.
93
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
94
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
95
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.
96
1
II
Boynton Beach Community
Redevelopment Plan
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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 97
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.
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..................................................................................................................................................................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
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Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area
60 98
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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 99
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
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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..
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Pub is art a1b,ng Avenue
• CurbN,ess lostival'slr et s,eclion
wl
• Material and! pattern enhancements
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Figure 28: Ocean Ave. Streetscape Recommendations Figure 29: Seacrest Blvd. Streetscape Recommendations
71 100
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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
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Figure 35: Ocean Ave. Streetwall Design
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Figure 36: Ocean Ave. Design Diagram
101
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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.
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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.
85 102
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.
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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
99 103
,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.
02 104
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.
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..................................................................................................................................................................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
0 105
7.0
New Business
08/22/2023
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 08/22/2023
AMP Warehouse Storage Building (CDPA 23-010)
Requested Action by Commission: Approve request for a Community Design Appeal
(CDPA 23-010) of Part III, Chapter 4, Article III, Section 3.A. "Architectural Enhancements"
requirement to provide architectural enhancements to the north and south fagades; relief of
Part III, Chapter 4, Article III, Section 3.B. "Exterior Treatment and Finishes", requiring
buildings to be finished in brick or brick veneer, stone or stone veneer, stucco, and split face
(accent only), pre-formed, or textured masonry block; relief of Part III, Chapter 4, Article III,
Section 3.H. "Downspouts", requiring external downspouts to be enclosed within the building
structure.
Explanation of Request: The application submitted for Community Design Appeal (CDPA
23-010) is pursuant to Part III. Land Development Regulations (LDR), Chapter 4, Article III,
Section 3.A. "architectural enhancements" requiring architectural enhancements to avoid the
appearance of a blank wall, and Chapter 4, Article III, Section 3.B. "exterior treatment and
finishes" requiring buildings to be finished in brick or brick veneer; stone or stone veneer;
stucco; and split face (accent only), pre-formed, or textured masonry block. Additionally, the
application requests relief from LDR Chapter 4, Article III, Section 3.H. "downspouts", requiring
external downspouts to be enclosed within the building structure. Any deviation from the
exterior building and site design standards is subject to review and approval by the City
Commission.
The strict application for a proposed development, in this instance, would prohibit the
allowance of the pre-fabricated metal building as the exterior finish material which is non-
compliant with the allowable materials set forth in the aforementioned LDR section. In addition,
due to the nature of the pre-fabricated building, the applicant is unable to enclose the
downspouts within the building structure, and architectural enhancements, alternations, and
modifications to the building design would not be approved by the manufacturer and could
potentially pose a risk to the structural integrity of the building.
In lieu of providing an exterior finish that complies with the requirements outlined within the
LDR, the applicant proposes alternative architectural facade treatments and site
improvements to ensure that the design meets the intent of the LDRs.
106
How will this affect city programs or services? N/A
Fiscal Impact: N/A
Attachments:
Staff Report
Exhibit A- Location Map
Exhibit B - Justification Statement.pdf
Exhibit C - Site Plan
Exhibit D - Architectural Plans
Exhibit E - Landscape Plan
Exhibit F - Conditions of Approval
107
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 23-026
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Amanda Radigan, AICP, LEED AP
Planning and Zoning Director
FROM: Craig Pinder, Planner II
DATE: August 22, 2023
PROJECT: AMP Warehouse Expansion
CDPA 23-010
REQUEST: Approve request for a Community Design Appeal (CDPA 23-010) of Part
III, Chapter 4, Article III, Section 3.A. "Architectural Enhancements"
requirement to provide architectural enhancements to the north and
south fagades; relief of Part III, Chapter 4, Article III, Section 3.B.
"Exterior Treatment and Finishes", requiring buildings to be finished in
brick or brick veneer, stone or stone veneer, stucco, and split face
(accent only), pre-formed, or textured masonry block; relief of Part III,
Chapter 4, Article III, Section 3.H. "Downspouts", requiring external
downspouts to be enclosed within the building structure.
Property Owner: AMP II Holdings LLC
Applicant: Chris Angelo, AMP II Holdings, LLC
Agent: Fernando Nunez, Architectural Consulting & Design, Inc.
Location: 870 W. Industrial Avenue (Exhibit A)
Site Details: The applicant has submitted development applications for a Minor Site
Plan Modification and Community Design Appeal to construct an 8,250
square foot one-story prefabricated metal building for use as a storage and
other site related improvements, to support the business operations within
the existing 16,436 square foot one-story warehouse building. The
proposed site plan depicts the placement of the proposed building in the
rear of the property, partially behind the existing building.
108
AMP Warehouse Expansion (CDPA 23-010)
Memorandum No PZ 23-026
Page 2
BACKGROUND AND ANALYSIS
The application submitted for Community Design Appeal (CDPA 23-010) is pursuant to Part III.
Land Development Regulations (LDR), Chapter 4, Article III, Section 3.A. "architectural
enhancements" requiring architectural enhancements to avoid the appearance of a blank wall,
and Chapter 4, Article III, Section 3.13. "exterior treatment and finishes" requiring buildings to
be finished in brick or brick veneer; stone or stone veneer; stucco; and split face (accent only),
pre-formed, or textured masonry block. Additionally, the application requests relief from LDR
Chapter 4, Article III, Section 3.H. "downspouts", requiring external downspouts to be enclosed
within the building structure. Any deviation from the exterior building and site design standards
is subject to review and approval by the City Commission. As depicted on the site plan (Exhibit
"C"), the pre-fabricated metal building is proposed toward the rear of the site, and is partially
obstructed from view by the existing warehouse building. The applicant has submitted a
Justification Statement (Exhibit "B") dated July 10, 2023 addressing each of the following
review criteria for such applications:
a) Whether the proposed request will demonstrate consistency with the Comprehensive
Plan;
b) Whether the proposed request will not significantly detract from the livability or
appearance of the city and will be consistent with the established or desired character of
the area, or with the redevelopment plan, where applicable;
c) On balance, whether the proposed request will be consistent with the purpose of the
standard for which a deviation is requested. Granting the request will equally or better
meet the purpose of the standard to be appealed,
d) Whether the proposed request is intended to save or preserve existing trees or desired
flora;
e) Whether the proposed request will have adverse environmental impacts that cannot be
prevented by the imposition of conditions;
1J Whether the proposed request will have an adverse impact on property values of abutting
or adjacent land;
g) Whether the proposed request will seriously reduce the quality or quantity of light and air
available to adjacent properties;
h) Whether the proposed request is necessary to further the objectives of the City to assist
with economic development and business promotion; and
i) Whether the proposed request meets the purpose and intent of these regulations but
conflicts with another site development standard or requirement, including sustainable
development and green initiatives.
The building site totals approximately 62,683 square feet (1.439 acres) with developed
industrial properties to the north, W. Industrial Avenue to the west, then developed single-family
residential properties farther to the west, developed industrial properties to the south, the CSX
railroad to the east, then the right-of-way for 1-95 farther to the east.
The proposed pre-fabricated metal building is a one-story structure that will be utilized for the
storage of manufactured products relating to the operation of the existing warehouse and will
not contain any offices, restrooms, or any other accessory spaces. As shown on the
architectural elevations, the proposed exteriors of the building will have a metal finish on all
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109
AMP Warehouse Expansion (CDPA 23-010)
Memorandum No PZ 23-026
Page 3
elevations, with the west elevation visible from W. Industrial Avenue and the north and south
elevations visible from the adjacent developed industrial properties.
The strict application for a proposed development, in this instance, would prohibit the allowance
of the pre-fabricated metal building as the exterior finish material which is non-compliant with
the allowable materials set forth in the aforementioned LDR section. In addition, due to the
nature of the pre-fabricated building, the applicant is unable to enclose the downspouts within
the building structure, and architectural enhancements, alternations, and modifications to the
building design would not be approved by the manufacturer and could potentially pose a risk
to the structural integrity of the building.
In lieu of providing an exterior finish that complies with the requirements outlined within the
LDR, the applicant proposes alternative architectural fagade treatments and site improvements
to ensure that the design meets the intent of the LDRs. The applicant proposes the following
treatments:
Architectural Treatments: The proposed building will include decorative bahama style shutters
on the west and east elevations; a decorative louver, decorative 48-inch high stucco veneer,
and decorative pre-finished metal banding facing W. Industrial Avenue; and the building will be
painted with a total of four (4) colors that complement the existing warehouse. (Exhibit "D")
Site Improvements: The applicant proposes 1) landscaping comprised of trees, shrubs, and
groundcover on both sides of the project entrance, 2) additional trees and a continuous hedge
along the south property line where feasible, and 3) trees and a continuous hedge along the
east and north property line in an effort to further screen the building from view and to bring the
landscaping into compliance with the LDR landscape requirements. (Exhibit "E")
The proposed architectural fagade treatments and landscape material will allow for the pre-
fabricated metal building to meet the intent of the community design standards outlined within
the LDR. In addition, the proposed building, set back to the rear of the property, is not visually
a departure from the surrounding developments and will be further screened by the existing
warehouse and proposed landscaping.
RECOMMENDATION
Staff has reviewed this request for Community Design Appeal and recommends APPROVAL
based on the analysis contained herein. Staff does not have any conditions for the requested
relief, however, any conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval in Exhibit "F".
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22-0616 American Molding&Plastics -Minor Site Plan Modification-Justification Statement 041123 Exhibit B
Boynton Beach,Florida
ARCHITECTURAL CONSULTING&DESIGN, INC.
ARCHITECTURE INTERIORS
PLANNING OWNER REPRESENTATION
July 10, 2023
City of Boynton Beach Planning&Zoning
100 East Ocean Avenue
Boynton Beach, FL 33435
Phone: 561-742-6000
Applicant:
American Molding& Plastics, LLC
Attn: Chris Angelo
870 W Industrial Ave, Unit 11
Boynton Beach, FL 33426
Email: cangelo@americanmoldingandplastics.com
Re: Community Design Appeal-Justification Statement
Minor Site Plan Modification—American Molding& Plastics -Application Number : MMSP 22-017
Attn: Mr. Craig Pinder, City Planner II
Our office has been retained by American Molding& Plastics, Inc.(AM&P), applicant,for the purpose of
applying for city approval to modify an existing site plan for a property identified by PCN: 08-43-45-20-
20-000-0020. The proposed modification consists primarily of the addition of an 8,250 SF pre-
engineered single story metal building in the back of the property as shown in the submitted plans.
The basis for our appeal request is regarding two(2) City of Boynton Beach Ordinances.
1. Part III, Chapter 4,Article III, Section 3, B states:
B. Exterior Treatment and Finishes. Exterior building finishes shall be limited to:
1. Brick or brick veneer,
2. Stone or stone veneer,
3. Stucco,and
4. Split face(accent only),pre formed, or textured masonry block.
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22-0616 American Molding&Plastics -Minor Site Plan Modification-Justification Statement 041123
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2. Part III, Chapter 4,Article III, Section 3, H states:
H. Downspouts. External downspouts shall be enclosed within the building structure on any
building elevation visible from areas within the property accessible by the public,from adjoining
properties within the some master development(including drive aisles and parking facilities),
and from public rights-of-way. Downspout enclosures shall be incorporated into the design of
the building and be complimentary to architecture. For example, downspouts may be enclosed
in columns or pilasters if such features are used elsewhere on the building, or are consistent with
the building's architectural style.
3. Part III, Chapter 4, Article III, Section 3,A states:
A.Architectural Enhancements. Facade articulation adds architectural interest and variety to the
massing of a building and prevents a plain, monotonous facades. A variety of features must be
incorporated into the design of the buildings to provide sufficient articulation of the facades.
This may be achieved by incorporating the use of vertical and/or horizontal reveals, stepbacks,
modulation, projections, roof detailing, and three dimensional details between surface planes to
create shadow lines and break up flat surface areas.
A minimum of three (3) of the following architectural enhancements or other similar
treatments shall be integrated into all applicable building facades to avoid the appearance of a
blank wall:
1. Columns or pilasters;
2. Decorative cornices;
3. Horizontal banding;
4. Arches;
5. Decorative vents or louvers;
6. Moldings and trims;
7. Decorative shutters;
8. Bay windows;
9. Faux windows;
10. Art elements; and
11. Canopies, balconies, overhangs, and other horizontal projections. In addition, multi-
story buildings shall incorporate these design features in conjunction with the architectural
enhancements listed above within this subsection.
The city code does not list metal cladding or siding as an approved exterior treatment and finish. It is
our understanding that the site is zoned M1- Light Industrial and the proposed project is being used as a
manufacturing and storage facility which will remain as its primary use. The proposed metal building is
intended to store manufactured products relating to the operation of the existing facility and is located
in the rear of the property. Please refer to site plan in figure 1.1 regarding the placement of the
buildings.
The applicant is also requesting relief in regards to architectural enhancements on 3 of the 4 facades of
the new building. The three (3) sides for which relief is being sought is for those not visible from the
right-of-way. The intent of the code can be better met through the implementation of new
landscaping, site lighting, and other more beneficial items as presented in this justification letter.
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22-0616 American Molding&Plastics Minor Site Plan Modification-Justification Statement 041123
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Fig 1.1
e
pyppqq r�
4 II
EXISTING BUILDING PROPOSED BUILDING
The proposed structure will be used only for storage. It will not contain any offices, restroom, or any
other accessory spaces. It is not used for display or gathering or any other function that will be
accessible to the public.
This request for relief precludes the implementation of interior gutters. The metal building
manufacturer will only warranty assemblies that are comprised of their proprietary kit of parts. Any
modifications or alterations would void the warranty and subject anyone who requires and/or performs
these modification to be liable for any failure resulting from the modification. Per the manufacturer,
alterations to the manufacturer approved design would compromise the building envelope and likely
result in water intrusion into the building. By definition, pre-manufactured metal buildings are designed
by the manufacturer and it is not common practice for those who purchase them to modify or alter the
integrity of the building envelope.
In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's MRS, Petitioner
will demonstrate below that the Community Design Appeal: (a) is consistent with the Comprehensive
Plan; (b) will not significantly detract from the livability or appearance of the City and will be consistent
with the established or desired character of the area, or with the redevelopment plan, where applicable;
(c) is consistent with the purpose of the standard for which a deviation is requested and will equally or
better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired
flora (e)will not have an adverse environmental impact that cannot be prevented by the imposition of
conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will
not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is
necessary to further the objectives of the City to assist with economic development and business
promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site
development standard or requirement, including sustainable development and green initiatives. In
support we offer the following:
a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan.
The future land use map denotes that the subject property is designated for light-industrial use. The
proposed project is consistent with this zoning district designation. The existing building is being
utilized for manufacturing and warehouse use and the proposed building is simply an extension of the
warehouse component.
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22-0616 American Molding&Plastics -Minor Site Plan Modification-Justification Statement 041123
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Objective 1.3—Future development and redevelopment within the City shall continue to be regulated
through administration of the Land Development Regulations specified within the City's Zoning Code,
Community Redevelopment Plans, Florida Building Code and subdivision regulations.—The requested
Community Design Appeal is consistent with the LDRs, Florida Building Code, and subdivision
regulations.
Policy 1.3.1.c—Industrial category shall allow industrial uses that provide opportunities for the retention
and expansion of economic activities associated with manufacturing, processing or assembly plants and
their support enterprises for warehouse, storage, distribution, research and development. Development
within this designation shall have a maximum Floor Area Ratio (FAR) of 0.50. Uses allowed in this land
use category will be limited to, but not necessary include, the following:
Manufacturing,fabrication, and processing uses;
Research and Development;
Wholesale, distribution,warehousing and storage;
Business and repair services;
Transportation, communications, and utility facilities;
Limited retail sales and office uses;
Fitness clubs and athletic instruction;
Trade and industrial schools;
Indoor entertainment; and
Adult entertainment.
The relief being sought will allow for the use of storage relating to an existing manufacturing building.
This is consistent with the comprehensive plan.
Objective 1.17 The City shall pursue economic development opportunities to support a competitive and
diversified economy, and a good quality of life for residents. Measurability: Number of actions taken in
accordance with the objective. The requested relief will allow the applicant to grow it's business and
assist other businesses in the area by increasing the amount of consumer products available to serve the
community.
Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval
processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs,
contribute to the tax base, and accommodate market trends. The proposed building is necessary in
order to allow the applicant to create jobs, contribute more the tax base, and accommodate market
trends in terms of growth.
b. Whether the proposed request will not significantly detract from the livability or appearance
of the city and will be consistent with the established or desired character of the area, or
with the redevelopment plan, where applicable.
The proposed project is located along West Industrial Avenue in Boynton Beach. The properties having
access to this roadway are currently zoned and identified in the FLU map as light-industrial. As such, all
the buildings along this street have an architectural vocabulary and character consistent with the
proposed metal building. The proposed metal building will not be a departure nor significantly different
than established character of the area.
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22-0616 American Molding&Plastics -Minor Site Plan Modification-Justification Statement 041123
Boynton Beach,Florida
The established character of the area is defined by metal buildings, awnings, banding, louvers, and many
other components which are consistent with the zoning designation of light industrial use. We have
incorporated many of these elements into the proposed project. The proposed metal building will have
Bahama style shutters over the main entry doors facing the roadway. There is a horizontal banding at
approx. 42" above finish floor along the front of the building. Although the building has functioning
intake and exhaust louvers for air circulation, we have provided a decorative louver facing West
Industrial Avenue to enhance the appearance of the project. As for the existing site,the proposed
project will provide additional landscaping throughout the site which will reduce the existing non-
conformity with the current land development code. Site lighting will now be brought up to meet
existing code throughout the entire site which is a major improvement to increase safety and security to
this and all adjacent properties.
Another reason why the building will not detract from the appearance of the city is because the new
building will be located in the rear of the property, as previously mentioned. The facade of the
proposed metal building which is closest to the street is approx.480 feet away and is partially tucked
behind the existing building and a fully slatted security fence which is closed at all times and
opens/closes mechanically.
Also,the subject property is 105' wide and 597'deep with the narrow dimension fronting West Industrial
Avenue. As mentioned previously, the location of the proposed metal building is on the opposite side of
the lot from West Industrial Avenue. It is screened from view by a newly installed slatted fence screen
to detract attention from the proposed metal building at the rear of the property. Refer to Figure 1.3a.
Furthermore,the proposed landscape plan demonstrates all the new hedges, trees, and ground cover
being provided along the West property line along West Industrial Avenue as shown in Figure 1.3b.
Figure 1.3a
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22-0616 American Molding&Plastics Minor Site Plan Modification-Justification Statement 041123
Boynton Beach,Florida
Figure 1.3b
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c. On balance,whether the proposed request will be consistent with the purpose of the
standard for which a deviation is requested. Granting the request will equally or better meet
the purpose of the standard to be appealed.
It would appear that the standard being appealed was implemented to promote a particular aesthetic
with the intent to increase the attractiveness of new development. The applicant is aware of this
criteria and has taken steps to ensure that granting relief to allow for metal buildings would be
consistent with the intent of the standard for which a deviation is requested. The proposed project
consists of a metal building equipped with Bahama-style shutters, decorative louvers, decorate banding,
decorative trim, sustainable landscaping throughout the site, and new light poles and light fixtures on
the existing and proposed buildings. See elevation rendering Figure 1.4
Figure 1.4
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22-0616 American Molding&Plastics Minor Site Plan Modification-Justification Statement 041123
Boynton Beach,Florida
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Applicant believes the request for relief to use a material that is not only enviro-friendly, it is a material
commonly used in award winning architecture. A metal building can be as exciting and desirable as a
stucco, block, or brick building. And the opposite is also true. Therefore,the proposed request to
deviate from the standard is not a request to lower the existing standard. It is merely a request to allow
for the use of a material that is frequently used and celebrated in award winning architecture.
d. Whether the proposed request is intended to save or preserve existing trees or desired flora.
Approval of the requested community design appeal will not have an impact of existing trees or desired
flora. The project for which the requested relief via a waiver is intended includes landscape and
irrigation plans which will enhance the existing property not only in the back of the property where the
proposed building but also along the front of the property which will result in the proposed project
being a welcomed enhancement to the city and the neighboring properties. Refer to Landscape Plan
Figure 1.5.
Figure 1.5
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22-0616 American Molding&Plastics Minor Site Plan Modification-Justification Statement 041123
Boynton Beach,Florida
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e. Whether the proposed request will have adverse environmental impacts that cannot be
prevented by the imposition of conditions.
Approval of the requested community design appeal will not have an adverse environmental impact.
The requested relief relates to the aesthetics of the proposed new building and is unrelated to any
development that may have adverse environmental impacts.
f. Whether the proposed request will have an adverse impact on property values of abutting or
adjacent land.
The approval of the requested community design appeal will not have an adverse impact on the
property values of abutting or adjacent land. The abutting and adjacent land are also zoned M-1 light
industrial. The proposed project is consistent with the currently zoned use and in alignment with the
city's future land use plan. In fact,the proposed project will bring the city's vision for future
development into an area that can benefit from it greatly. The new building, site lighting, and
landscaping will be well received and viewed as an asset to the area in which it will be built.
Additionally,the request for relief will not result in the granting of any special waiver or preferential
treatment to the applicant. The immediate and surrounding area of the proposed project currently
consists of many metal buildings of similar character and use along West Industrial Drive.
g. Whether the proposed request will seriously reduce the quality or quantity of light and air
available to adjacent properties.
The requested relief via a waiver is to allow the use of a material that is similar in opacity than the
currently approved materials. Approval of the requested community design appeal will not have any
impact on the quality or quantity of light and air available to adjacent properties.
h. Whether the proposed request is necessary to further the objectives of the city to assist with
economic development and business promotion.
The granting of relief to allow for the erection of a metal building within the M-1 (light industrial) zoning
district will result in the implementation of many of the new design standards . The applicant will be
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22-0616 American Molding&Plastics -Minor Site Plan Modification-Justification Statement 041123
Boynton Beach,Florida
able to relocate product which is currently stored in the existing building into the proposed new storage
building which will allow for more manufacturing equipment and employees in the main building. The
cumulative effect of granting the waiver for the approval of a metal building will undoubtedly result in
company growth, more jobs, more products for other businesses to sell, and more tax revenue for the
City of Boynton Beach.
i. Whether the proposed request meets the purpose and intent of these regulations but
conflicts with another site development standard or requirement, including sustainable
development and green initiatives.
Approval of the requested community design appeal will not generate a conflict with another site
development standard or requirement, including sustainable development and green initiatives.
The requested relief to allow for a metal building will be also be complimentary to the other eco-friendly
elements of the project required by the City's land development code. In addition to literally being
the most recycled material in the world, steel is also one of the easiest materials to repurpose which
means the building itself contains over 70% recycled materials. And after its useful lifespan, it can be
recycled and used elsewhere. The proposed metal building for which relief is being sought is in
complete alignment with forward thinking and green initiatives. The proposed project and existing
building follows suit with a long list of elements which adhere to the sustainable development standards
such as: energy star qualified air conditioners, cool roofs with high solar reflectance indexes, cool
building colors, awnings over glazed openings, skylights for low energy consumption, LED lighting,
Energy Star appliances, Efficient Water Heating, and a recycling station.
It is our understanding that granting of the requested waiver will allow the applicant to best provide for
the needs of its business, the neighboring community, and the manufacturing community while serving
in the best interest of the city's comprehensive plan.
Please advise if further clarification is needed. We look forward to your continued consideration and
pending approval.
Sincerely,
Architectural Consulting& Design, Inc.
Fernando Nunez,Architect
c.c. Job File
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WEST INDUSTRIAL AVE
EXHIBIT "F"
Conditions of Approval
Project Name: AMP Warehouse Expansion Community Design Appeal
File number: CDPA 23-010
Reference: 31d review of plans identified as a Minor Site Plan Modification submitted on July 18,
2023.
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: No Comments.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
126
7.D
New Business
08/22/2023
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 08/22/2023
Wireless Communication Facility Annual Registration (CDRV 23-007 )
Requested Action by Commission:
Approve modifications (CDRV 23-007) amending Part III. Land Development Regulations,
Chapter 3, Article V, Section 13. Wireless Communication Facilities, to allow for an annual
registration process and fee.
Explanation of Request:
The City's current Land Development Regulations (LDRs) require an annual registration and
certification; however, it does not outline or regulate the registration standards and/or
necessary information. Staff is proposing to amend Section 13. "Wireless Communication
Facilities (WCF)" to define the requirements and associated fees required for an annual
registration provided by a tower owner and service operator/provider of a wireless
communication facility. Furthermore, staff proposes to amend the standards of an unused
facility and WCF on a publicly-owned property.
How will this affect city programs or services? Not Applicable
Fiscal Impact: Not Applicable
Attachments:
CDRV-23-007 WCF Staff Report
CDRV 23-007 WCF Annual Registration
127
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 23-027
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Amanda Radigan, AICP, LEED AP�a�
Planning and Zoning Director
FROM: Jae Eun Kim, Principal Planner
DATE: August 22, 2023
REQUEST: Approve modifications (CDRV 23-007) amending Part III. Land
Development Regulations, Chapter 3, Article V, Section 13. Wireless
Communication Facilities, to allow for an annual registration process and
fee.
OVERVIEW
The City's current Land Development Regulations (LDRs) require an annual registration and
certification; however, it does not outline or regulate the registration standards and/or necessary
information. Staff is proposing to amend Section 13. "Wireless Communication Facilities (WCF)"
to define the requirements and associated fees required for an annual registration provided by a
tower owner and service operator/provider of a wireless communication facility. Furthermore, staff
proposes to amend the standards of an unused facility and WCF on a publicly-owned property.
PROPOSED AMENDMENTS
• Annual Registration and Associate Fee
Currently, the City's Land Development Regulations (LDRs) lack standards that allow Staff to
require necessary information including documents and plans to review and process the
required annual registration, pursuant to Part III, Chapter 3, Article V, Section 13. Wireless
Communication Facilities (WCF). The proposed amendment will guide tower owners and
service providers of WCFs to provide such information in order for staff to enable to keep
accurate and up-to-date records of placement of wireless communication facilities within the
city limits.
An associated annual registration fee will be set forth in the Planning and Zoning Division Fee
Schedule, which will be reviewed and approved by the City Commission by resolution. The
required information and fee payment of the annual registration shall be submitted to the
Director of Planning and Zoning or designee no later than October 1 of each year.
• WCF on a Publicly-Owned Property
The current LDRs contain the process and requirements for the owner and/or operator of
WCFs on a city-owned property (Part III, Chapter 3, Article V, Section 13.G. Publicly-Owned
Property). Staff proposes to amend this subsection to omit such process and requirements
and require to a written agreement to be executed between the City and a WCF owner and/or
operator. Staff believes that necessary and imperative information and material of the WCF
shall be implied in an agreement which shall be acceptable by the City Attorney and approved
by the City collectively rather than being codified in the LDRs.
128
Page 2
WCF Annual Registration
CDRV 23-007
• Clean-up Regulation of an Unused WCF
The current LDRs contains the detailed process and requirements of removal of abandoned,
unused, or unsafe WCFs (Part III, Chapter 3, Article V, Section 13.J. Removal of Abandoned,
Unused, or Unsafe WCF). Staff proposes to clean-up this subsection to be directive for a WCF
owner and/or operator to follow the procedure established in Chapter 10,Article 11.Abandoned
Property of Part 11. Code of Ordinances.
CONCLUSION/RECOMMENDATION
Staff recommends approval of the subject amendments to the Land Development Regulations to
establish an annual registration and associated fee.
Attachments
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 23-007 WCF Annual Registration\CDRV_23-007 Staff_Report-
abr.docx 2
129
PART III LAND DEVELOPMENT REGULATIONS
CHAPTER 3. ZONING
ARTICLE V. SUPPLEMENTAL REGULATIONS
Sec. 13. Wireless Communication Facilities (WCF).
WCF means any manned or unmanned location for the transmission and/or reception
of radio frequency signals, or other wireless communications, or wireless data
transmission/reception, and usually consisting of an antenna or group of antennas,
transmission cables, and equipment cabinets, and may include an antenna support
structure. WCF include developments containing new, mitigated, pre-existing antenna
support structures, or co-location on existing antenna support structures, and include
attached WCF, concealed WCF, and non-concealed WCF.
; . Zoning Districts and Affiliated Process (Table 3-29).
.... . Maximum Heights of WCF (Table 3-30).
9' . Setbacks and Separation Between WCF (Table 3-31).
G. Publicly-Owned Property.
1. A-r . If an applicant requests to locate a WCF on „ i city-owned
property, the .'.wIII shall not become effective until the
applicant and the jurisdiction executed a written agreement or lease in a form
acceptable to the City Attorney
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Of the ;UF;Gd;G4;9Rfor d-&Wery Of teIeGGFF1FnURiGa4'�.._ se. vi-es or any other purpose.
He Or
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130
H. Interference with Public Safety WCF. Whenever the city has encountered radio
frequency interference with its public safety communications equipment, and it believes
that such interference has been or is being caused by one (1) or more WCF, the
following steps shall be taken:
1. Notification. The city shall provide notification to all WCF service providers
operating in the jurisdiction of possible interference with the public safety
communications equipment. Upon such notification, the owners shall use their best
efforts to cooperate and coordinate with the city and among themselves to investigate
and mitigate the interference if the WCF owner is operating outside of its FCC
frequencies.
2. Reimbursement. If any WCF owner is operating outside of its assigned FCC
frequencies, or if the FCC makes a determination that the WCF is operating outside of
its frequencies and causing radio frequency interference with the city public safety
communications equipment, the owner who fails to cooperate and/or the owner of the
WCF which caused the interference due to operating outside of its licensed frequencies
shall be responsible, upon FCC determination of radio frequency interference, for
reimbursing the city for all costs associated with ascertaining and resolving the
interference, including but not limited to any engineering studies obtained by the
jurisdiction to determine the source of the interference.
I. Annual Registration nnd r®�.
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q..u�uaIIIIIIy, shall mean that WCF is deemed to be abandoned, unused, or
unsafe, thus subject to removal .u.wujIl[!l)SS 1111ie owigeir .wuml ll .Il' l u 1."r,u tggll. ,] l'QE REpy� ' ....a
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W CF areJs
promptly disassembled, dismantled, and removed once they are no longer used.
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K. Inspection. The city reserves the right to require additional inspections if there is
evidence that the tower has a safety problem or is exposed to extraordinary conditions.
Inspections shall be conducted by a registered engineer. Based upon the results of an
inspection, the Building Official may require repair or removal of the WCF. Should the
city have reason to believe WCF is not in compliance with applicable building and
electrical codes, the city may conduct periodic inspections of the site to ensure
structural and electrical integrity.
133