HomeMy WebLinkAboutThe Pierce NWSP (22-004 & MPMD 22-005) MODIFICATION TO DEVELOPMENT ORDER OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH,FLORIDA
PROJECT NAME: The Pierce (NWSP 22-004 & MPMD 22-005)
MODIFICATION FILE NO.: MTDO-2024.03.30856.6
APPLICANT: BB QOZ, LLC
APPLICANT'S ADDRESS: 613 NW 3rd Avenue, Suite 104, Fort Lauderdale, Florida
33311
ORIGINAL ORDER: Development Order of the City Commission dated March 9,
2023 (the "Original Development Order")
COMMISSION HEARING: October 6, 2026
MODIFICATION SOUGHT: Modification of Condition of Approval No. 3 (Engineering/
Public Works / Forestry / Utilities) of Exhibit "G" to the
Original Development Order, pursuant to LDR Chapter 2,
Article II, Section 7.D.
THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission, having considered the
modification sought and heard testimony from the Applicant,members of City administrative staff,
and the public, finds as follows:
1. Application for the modification sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the modification
requested under the criteria set forth in LDR Chapter 2,Article II, Section 7.D.
3. The Applicant's request is hereby
GRANTED
DENIED
4. If granted, Condition of Approval No. 3 of Exhibit "G" to the Original
Development Order is amended to read as follows:
"In addition to the site lighting requirements, the existing street
lights along Federal Hwy. shall be replaced with FPL 37' concrete
poles. Existing street lights along Ocean Ave., NE 4th St., and NE
1st St. shall be replaced with FPL 23' concrete poles."
5. The Amended Conditions of Approval incorporating the change set forth above are
attached hereto as Exhibit A. Except as expressly modified herein, the Original
Development Order and all conditions of approval set forth in Exhibit"G"thereto,
including the designation of each condition as included or rejected, remain
unmodified and in full force and effect.
6. This Modification is limited to Condition of Approval No. 3. It does not constitute
a new approval or reapproval of the master plan or site plan. It does not extend,toll,
restart, or otherwise affect any time limit, expiration period, or vesting period
applicable to the Original Development Order, all of which continue to run from
the date of the Original Development Order.
7. This Modification shall take effect immediately upon issuance by the City Clerk.
DATED: I 0/6/i 62
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Amended Conditions of Approval
Project Name: The Pierce Site Plan & Master Plan
File number: NWSP 22-004 & MPMD 22-005
Reference: 4th review of plans identified as a New Maior Site Plan and New Master Plan with a
January 10, 2023 Planning and Zoning Department date stamp marking.
•
•
•
DEPARTMENTS INCLUDE REJECT
• ENGINEERING / PUBLIC WORKS / FORESTRY I UTILITIES
Comments:
1. At the time of permitting, provide detailed engineering calculations •
for the wastewater flow for the project and proposed connection
points to the existing sanitary sewer system. The capacity in the X
sanitary sewer system and existing pipe sizes shall be considered
to determine if the project can be served by gravity sewer or if a •
•
lift station will be required.
•
2. For the alley on the north side of NE 1St Avenue, provide a 12-foot
easement for the portion of the sanitary main that will be in the X
abandonment.
13. In addition to the site lighting requirements, the existing
streetlights along Federal Hwy shall be replaced with FPL 37' X
concrete poles. Existing streetlights along Ocean Ave., NE 4th St.
and NE 1st St. shall be replaced with FPL 23' concrete poles
ii
4. The developer shall underground all existing overhead lines within
and adjacent to the subject project along Boynton Beach Blvd.,
• Federal Hwy., NE 4th St., NE 1St St. and the alleyways within the
• project area. 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. The developer shall be responsible for necessary X
• cost and other arrangements for such underground installations.
Should the undergrounding of overhead utilities prove to be
infeasible then, with the approval of the City Engineer, the
developer may opt to submit an Engineer's Estimate of Cost and
•
a bond for the site's pro-rata cost in lieu of undergrounding the ••
overhead lines.
5. Provide and maintain unobstructed safe-sight triangles at
intersections and driveways. X •
6. Minor driveways may be constructed as a drop curb. Intermediate
driveways shall provide minimum pavement return radii of 30 feet. X
7. Driveway north of parking garage servicing Hurricane Alley site
shall be used for service vehicles only; no parking. X
The Pierce (NWSP 22-004, MPMD 22-005)
Conditions of Approval
Page 2 of 7
•
DEPARTMENTS INCLUDE REJECT
8. Drop-off areas are not permitted to include valet use; any changes
•
to add valet parking shall require a Site Plan Modification. X
g.
•
Please clearly show and call out all existing and proposed
easements. Per LDR Ch.4; Art. VIII, easements, a minimum of
•
twelve (12) feet in width, shall be provided to accommodate all •
required utilities across lots with convenient access for
maintenance, and where possible shall be centered on lot lines.
Easements ten (10) feet in width shall be provided for X
underground utilities across that portion of a lot adjacent to a
street. Additional utility easements or larger utility easements may
be required by the city when, in the opinion of the City Engineer,
or his or her designee, and/or the Utilities Engineer, such
easements are necessary for continuity of utility service between
developments and where necessary for maintenance and service.
10. Parking garage columns shall not encroach into required drive •
aisles width. X
11. Any modifications to parking garage shall require administrative •
approval prior to permitting. X
12. Please note that changes or revisions to these plans may
generate additional comments. Acceptance of these plans during
the DART (Development Application Review Team) process does X
not ensure that additional comments may not be generated by the
commission and at permit review
FIRE
Comments: None. All previous comments acknowledged at DART
meeting.
POLICE •
Comments: None. All previous comments acknowledged at DART
meeting.
BUILDING
•
Comments: None. All previous comments acknowledged at DART
meeting.
The Pierce (NWSP 22-004, MPMD 22-005)
Conditions of Approval
Page 3 of 7
• DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None. All previous comments acknowledged at DART
meeting.
PUBLIC ART
Comments:
•
14. A minimum of $150,000 of the Art in Public Places art fees shall X
be spent on a sculpture at the northwest corner of East Ocean
Avenue and Federal Highway (i.e. the southeast corner of the
site).
15. Per the Art Advisory Board's direction increase the size of the
sculpture located at the corner of Ocean and Federal to be similar
in size and complementary to the Albert Paley sculpture at 500
Ocean. The Board gave a low priority to the use of Art in Public X
Places funds to be used for the mural facing Federal Highway on
the garage.
16. Provide adequate lighting for all proposed artwork. X
PLANNING AND ZONING
Comments:
17. An application for a variance (ZNCV 23-002) was submitted to
obtain relief from the required width and from the requirement to
•
provide a wall within the Urban Landscape Buffer Type 2. X
Approval of the New Major Site Plan and Master Plan applications •
are contingent upon the approval of the variance application.
• 18. Approval of the Major Master Plan and Site Plan applications are
contingent upon the approval of the Abandonment (ABAN 22-001,
22-002, 22-003), Rezoning (REZN 22-001), Community Design X
Appeal (CDPA 22-002, CDPA 23-006, CDPA 23-007, CDPA 23-
008), and Height Exception (HTEX 23-001) applications.
19. NE 4th Street is classified as a collector roadway according to the
Comprehensive Plan of the City of Boynton Beach. Approval of
the freestanding parking garage is contingent upon approval of all X
•
requested community design appeal (CDPA) relief applications,
as stated in comment#15.
20. Approval of the Major Master Plan and Site Plan applications are •
contingent upon the approval of the School Capacity Availability X
Determination (SCAD) application. At time of permit, please
submit a letter of approval for the SCAD application.
The Pierce (NWSP 22-004, MPMD 22-005)
Conditions of Approval
Page 4 of 7
• DEPARTMENTS INCLUDE REJECT
21. The project's approval is conditioned upon its participation in the
City's Workforce Housing Program. X
22. At time of permit, please submit a traffic statement from Palm
Beach County. X
23. The developer shall provide a perforated metal screen including a
mural design on the southwest elevation of the parking garage as
the scale and size is depicted on the referenced elevation X
drawings.
24. Per the Sustainable Development Standards, one Electric Vehicle
(EV) charging station is required per fifty thousand (50,000)
•
square feet of non-residential development. At time of permitting,
please identify one additional EV charging station for the
commercial component of the site plan. The total required number X
of EV charging stations required by the Sustainable Development
•
• Standards for the proposed site plan is seven (7) servicing a total
of fourteen (14) parking spaces.
25. The resident parking spaces shall be separated by a gate and/or
gate arm to restrict public access to resident parking. The
• developer shall comply with the City's residential parking
requirements to ensure that designated resident parking spaces X
are reserved for, and made available to the residents to minimize
the use of the retail parking spaces by residents. This requirement
shall be monitored and enforced by the developer.
26. At time of permit, depict all parking spaces that are proposed to
be metered and/or any surplus (above Code required) parking
within the property. Please note that if any parking spaces are X
• proposed to be metered, additional review of the site plan and
•
meter agreement may be required.
• 27. Per the Land Development Regulations, overhead doors shall not
be located on building facades visible from Federal Highway. At
time of permit, replace the overhead doors with sliding glass
doors or accordion doors on the east building elevation for the X
Ocean Avenue Restaurant, and provide the updated east
• elevation drawing.
28. At time of permit, please update the Ocean Avenue restaurant
'key plan' on sheet A2.7 to match the revised floor plan. The
drawings shall be consistent across all plan sets. Any unforeseen X
changes to the plan(s) will be subject to additional review.
The Pierce (NWSP 22-004, MPMD 22-005)
Conditions of Approval
Page 5 of 7
DEPARTMENTS INCLUDE REJECT
29. All buildings throughout the development shall have an
appropriate and fully integrated rooftop architectural treatment
which substantially screens all mechanical equipment, stairs, and •
elevator towers. All rooftop equipment must be completely X
screened from view at a minimum distance of 600 feet. At the time
of permitting, provide a line of sight drawing(s) showing
compliance with this requirement.
•
•
30. At the time of permit, provide a comprehensive management plan
that clearly illustrates how trash pickup will be handled on the site, X
and identifies the central trash pickup location.
31. At time of permit, revise the dimensions of the bike rack detail to
feet and inches. X
32. At time of permit, provide additional height for the variation in the
roof line. The proposed rhythm of the "breaks" in roofline is
adequate, however, a one-foot difference in height is insufficient.
Please increase the height of the roof line break at strategic X
locations, for e.g. consider including a two-foot variation at •
strategic locations.
33. At time of permit, replace the site plan shown on the Landscape
Plan with the updated site plan submitted on 12-29-22. Any
unforeseen changes to the plan(s) will be subject to additional X
review.
•
•
34. The Wax Myrtle Hedge proposed around the FPL transformer
adjacent to Ocean Avenue is spec'd as 36" O.C. on the ".
Landscape Plan (sheet L2.1), but the spacing provided in the
Planting Material/Specifications table states 24" O.C. At time of X
permitting, correct the specifications and ensure that the hedge is •
planted with tip-to-tip spacing.
35. At the time of permit, revise the spread of the Swiss Cheese plant
•
spread to either 36-inches or revise the spacing to 24-inches on X
center
36. Street trees are required to be spaced between twenty (20) —
twenty-five (25) feet on center. At time of permit, revise the
Perimeter Landscape Requirements table to state a minimum of
every 25 linear feet rather than 30 linear feet, and revise the
number of required trees. In addition, please include the trees X
required for the Urban Landscape Buffer Type 2 in this table to
show compliance. Please ensure that the proposed number of
canopy trees satisfies the selected Sustainable Development
option for "Urban Nature — Tree Canopy" as the project is required •
The Pierce (NWSP 22-004, MPMD 22-005)
Conditions of Approval
Page 6 of 7
DEPARTMENTS INCLUDE REJECT
to achieve a minimum of 25 sustainability points.
37. At time of permit, please remove the reference to Suburban
Landscape Buffer Type 1 from the Perimeter Landscape X
Requirements on sheet L2.3.
38. Permanent off-street lighting levels for all multiple-family
residential and non-residential uses shall not exceed five and
nine-tenths (5.9) foot-candles for any spot location reading. At X
time of permit, revise the photometric plan to ensure that spot
readings do not exceed five and nine-tenths (5.9) foot-candles. •
39. Please replace the site plan shown on the Photometric Plan with •
the updated site plan submitted on 12-29-22. Be advised that the
drawings shall be consistent across all plan sets. Any unforeseen X
changes to the plan(s) will be subject to additional review.
40. Any existing overhead utilities around the perimeter of the site and
all utilities required to service the site shall be placed below X
ground at the cost of the applicant.
41. A Sign Program is required to be submitted and approved prior to
the approval of any sign permits for the project. X
42. The applicant shall provide on-street parking on N Federal
Highway, Ocean Avenue, and NE 4th Street as depicted on the X
site plan submitted on 1-10-2023.
43. The applicant shall dedicate a 10' x 30' easement and place, at
their cost, a bus shelter designed utilizing architectural elements,
materials, and colors matching the proposed building along X
Federal Highway.
COMMUNITY REDEVELOPMENT AGENCY
Comments:
44. Pursuant to the Parking Lease Agreement executed by the City,
CRA, and Applicant on July 8, 2022, 150 spaces on the
• unrestricted side of the gate will count towards the Applicant's
required parking and will function as public parking operated by X
the CRA. The Applicant will submit, at the time of building permit,
a layout of the public parking spaces to be operated by the CRA,
along with a shared parking study that meets the City
methodology requirements showing a reduction in the need of
The Pierce (NWSP 22-004, MPMD 22-005)
Conditions of Approval
Page 7 of 7
DEPARTMENTS INCLUDE REJECT
residential parking by at least 19 spaces (or a reduction in density
resulting in at least 19 fewer required spaces), which shall be for
the purpose of allowing the CRA (or the Applicant on behalf of the
CRA) to install meters in 150 spaces for public parking.
•
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None.
CITY COMMISSION CONDITIONS
Comments: None.