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Agenda 01-25-11 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, January 25, 2011 TIME: 6:30 P.M. PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ___________________________________________ __________________________ _____________ 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from December 28, 2010 meeting 5. Communications and Announcements: Report from Planning and Zoning Director 6. Old Business: None 7. New Business: st Alley Abandonment Between Ocean Ave. and SW 1 Ave. (ABAN 11-002) – A.1. Approve abandonment of 18.2-foot wide alley (ABAN 11-002) located between Ocean stnd Avenue and SW 1 Avenue, extending to Seacrest Boulevard from SW 2 Street. Applicant: City initiated. Ocean Avenue Zoning Overlay (CDRV 11-001) B.1 – Approve the creation of a zoning overlay (CDRV 11-001) for the general vicinity of Ocean Avenue, between the FEC Railroad and Seacrest Boulevard, modifying the Land Development Regulations by establishing revised development standards and uses consistent with, and implementing the vision contained within the Downtown Master Plan. Applicant: City initiated. 8. Other 9. Comments by members 10. Adjournment C:\Documents and Settings\pylej\Local Settings\Temporary Internet Files\OLK5\01-25-11.doc MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, DECEMBER 28, 2010, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Matthew Barnes, Vice Chair Sharon Grcevic Shirley Jaskiewicz Candace Killian Warren Timm Michael Rumpf, Planning and Zoning Director Jamila Alexander, Assistant City Attorney ABSENT: Leah Foertsch, Alternate 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. The Pledge of Allegiance was led by Ms. Killian. 2. Introduction of the Board Chair Saberson introduced the Board members. 3. Agenda Approval Motion Ms. Jaskiewicz moved approval. Ms. Killian seconded the motion that passed unanimously. 4. Approval of Minutes from November 23, 2010 meeting Motion Mr. Barnes so moved. Ms. Killian seconded the motion that passed unanimously. 5. Communications and Announcements: Report from Planning and Zoning Director Michael Rumpf, Planning and Zoning Director, reported on the outcome of the items reviewed by the City Commission subsequent to the Board's review. 1 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 28, 2010 on site in a Suburban Mixed Use (sMU), as well as in the other mixed-use zoning districts. Prior to the Code amendment, dry cleaners were only permitted to serve as drop-off facilities in the mixed-use zoning districts. The proposed lessee would occupy existing space in a 1,500 square foot bay in the Boynton Town Center along Main Street. The subject property would be surrounded by Suburban Mixed Use (sMU) zoning. Ingress and egress would remain unchanged as would the loading areas and off-street parking. The applicant had asserted that any external noise generated from the building would be similar to other permitted uses allowed in the zoning district. He also indicated the expected external noise would be limited to "the sound of a roof-mounted compressor and exhaust fans typical of those found on many retail stores, restaurants, etc." All necessary equipment would be placed on top of the roof and screened by the existing parapets. No landscaping or buffering would be affected or changed as a result of the proposed dry cleaning use. Staff reviewed the request against all the criteria contained in the Code for evaluating the standards for conditional uses as outlined in the staff report and found no issues with the proposed use. Staff is recommending approval of the request for a conditional use for an on-premise dry cleaning and laundering capability with two conditions of approval. The first cited Chapter 4, Article III, Section 3.A.9, requiring all rooftop equipment, including fans which may be required because of the dry cleaner, to be completely screened from view at a minimum distance of 600 feet. The second recommended a one-year time period be allowed to obtain a Business Tax Receipt. Andy Carlson, on behalf of the sembler Company, noted staffs report was correct. He believed the large parapet wall on the building should be sufficient to screen any rooftop equipment. If not, additional screening would be added. He advised of the sembler Company's self-imposed restrictions which did not allow dry cleaning plants that utilized perchlorothylene (PERC) in its shopping centers. The proposed lessee is considered a green dry cleaner, and the product to be used is a CO-2 based product, which carbonates soda and is delivered by the same truck that delivers the CO-2 to restaurants. Once the product is used, it is recaptured, put back into a tank and recycled. No pollutants would be released onto the property. The applicant advised he was in agreement with the conditions of approval. Chair saberson opened the public hearing. No one came forward and the public hearing was closed. Mr. Barnes noted the Code had been changed to allow the conditional use requested, and as all the necessary criteria had been met, he supported the request. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 28, 2010 10. Adjournment Motion Mr. Barnes moved to adjourn. There was no objection to the motion. The meeting adjourned at 6:47 p.m. ': Q' ~, I L ~. Stephanie D. Kahn Recording Secretary 12/19/10 5 NEW BUSINESS 7.A.1 ALLEY ABANDONMENT BETWEEN OCEAN AVENUE AND SW 1ST AVENUE (ABAN 11-002) ABANDONMENT TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11.{l01 Chair and Members Planning and DeveloPJ~BOard I}y, .- Michael W. Rumpf Planning and Zoning Director Kathleen Zeitler if '21' Planner II '\ January 13, 2011 Abandonment of 18.2 foot wide alley (ABAN 11-002) located between West Ocean Avenue and SW 1 sl Avenue, and extending to Seacrest Boulevard from SW 2nd Street. City initiated. NATURE OF REQUEST Mr. H. David Kelley, Jr., PE/PSM, City Engineer, as agent for the property owner (City of Boynton Beach), is requesting abandonment of an alley right-of-way located between West Ocean Avenue and SW 1 st Avenue, and extending westward from Seacrest Boulevard to SW 2nd Street (see Exhibit "A" - Location Map). The subject property is described as an unimproved alley located south of lots fronting on West Ocean Avenue and north of lots fronting on SW 1 st Avenue (see Exhibit "B", Blocks 11-12, Boynton Heights), less a 50 foot segment abandoned in 1999 (Ord 99-04). This alley is represented by an 18.2-foot wide strip of land to the rear of 22 residential lots. The 18.2-foot wide strip was intended to be an alley right-of-way but was never improved or used as an alley. Utilities exist upon the subject property which, in conjunction with the abandonment, VIIOuld become a dedicated utility easement. The following is a description of the zoning districts of the properties that surround the subject property to be abandoned: North - South - East West - Single-family residential lots zoned Single-family Residential (R1-A), and farther north is West Ocean Avenue right-of-way; Single- and Two-family residential lots zoned Duplex Residential (R-2), and farther south is SW 1 sl Avenue right-of-way; South Seacrest Boulevard right-of-way; and farther east is the City Library zoned Recreation (REC); and, SW 2nd Street right-of-way, and farther west are single-family residential lots zoned R1-A. BACKGROUND In November of 1924 the plat of Boynton Heights was recorded (see Exhibit "C"). The plat included several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion whenever abandoned by the public or discontinued by law. The subject property is indicated on the plat as an open public area, separate from the adjacent lots. Although the subject property was never used or improved as an alley as intended by the recorded plat, the property was dedicated to the public as a right-of-way and is under the control and jurisdiction of the City Commission. Page 2 Memorandum No. PZ 11-001 ABAN 11-002 The city-initiated application states the following grounds and reasons for the requested abandonment: (1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way; (2) continued City ownership suggests continued responsibility and associated liability; and, (3) staff believes this area will best serve adjacent residents through private ownership. Staff recommends that the City designate the property as a utility easement and continue to provide utility services to the rear of these lots. If abandoned, the subject property will be equally divided and reverted to each adjacent property owner as land to be added to their lot. A utility easement equivalent in width to the existing alley is proposed on the subject property. In addition, an ingress/egress easement equivalent in width to the existing alley is proposed from SW 2nd Street to an existing residence located to the rear of 222 W Ocean Avenue (Block 11, Lot 32 as shown on Exhibit "B"). ANAL YSIS Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection with easement No objection with easement No objection with easement PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Comcast) No objection with easement No response No objection with easement No objection with easement RECOMMENDATION Staff recommends that the request to abandon the alley as described above be approved based on the finding that the alley provides no public purpose, and all existing utilities within the subject property would remain within a dedicated utility easement. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "0" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Ocean Ave & SW 151 St ABAN (City Initiated)\Staff Report.doc EXHIBIT ..A.. - SITE LOCATION MAP OCEAN AVE & SW 1ST AVE (ABAN 11-002) Boynton Beach Blvd 1 I I C-2 :---1 i I I - -'I , 11 i ' I ,--I I !' 1 1 I I , , I I '-__J------'-_~_ ___ NW 1stAve . _ .-'. --- I. I IT--~I' . : 1 ! I 1____~___J_~ i__ W Ocean Ave -r- .----:' I ~~~l-_1 I i~ I 100 --1- ! 1.--1 , I I iR~i2 I i II~ ': , -----~--..--~------__~__L___._J_______ __/ ---..--------..------- -. ' R-1A I ~_._----_._-.._-._.. - --._-- .. ---!.,..... ----!..-----I~,--- I I i I ' I I I ----__L--.J~ 11 ur -1- -.-i_.1 en 1____L_ ~ ~I SW 1st Ave SW 2nd Ave 150 75 0 ~-- 150 N 600 A 'Feet W'VE S 300 450 EXHIBIT "B" 80YNTON 9EACi-1 80ULEV AR[~ , i BLcjJC~; 3 BOYNTON EIGHTS, \ (REV P T' P8,~OP; BlOCr( 4 BQlYNTON i-IIEIGH~~ : (REV P~AT " Df] Pq 5" ;----. r---i ! I ~..::::==}rQ.fttB=WESf"f$l=~.Yti\jQ!O=::. .. I I i111l3J I ! 131 ~ ~ WJ01~i ,.91 I I i _-J-J----+--~1Q.O~! _r~q__PY'-!_-~Q.T1E.I~~TI9~-------- B~OCKJEY.... .... r~ i I BLoCK'~ i ! ' BLOCK 8 tlUY N UI".loft: l:iH I ~ I:3UYN I UN HEI HT~' BOYNTON HEIGHTS IIKI::)'. I-'L~,I) I \ I I [REVI. PLAlf. i 1 ' ! (RE'.V p. ~ATI Ii ~,10 PG.$4 \' 1 ! I PEub PG a~ - . : PE 10 fJd f'~ Ii / :' i' I " i I [1]1/1 1111 BJ \ ~ \ II?] I [i] \ [ill i ~ I ~ I [?] I 1231 ~J I i26 .f ..........---~..._......~...... / WEST OCEAN A VENUE J 'I-- ---~-.------.-,.---.~..,-------- ~ ~ \1 128, I 1291 \301 ~ 131 ~ I 1331 11341 11351 lei ,! BOCK 1 0 ~, BOY~t~Cf~~~T~ "I = H BOY - GHTS~' P8~~PG6A ,(/) I IREV. P~) l- I, \ \i PB.10 PG. r ~ \- _ '1 - . t"I: "" ~ 1451 . ~ I!:: 1471 \ I '~ L. ..... --~ ---.- ~...v.~ ~.. -..-- -- -- . .. .. ..- -- i601 ,I I 161, - \ I-- \ "- Ble K 1 BOY ON F'I~IG T8 ( EV. 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'/ 'f " '" " ZZ ,~ Z4Z..f ZG 27 Ze :r, ... ..,f-. -- -i- i- --l.!:L ''''-'' ..;- if. 1- '~:1. - - .. - .. - , - , .. .. .. .. .. " '-' .. .. ~rt IT'.'''',!I'-''t - -1- - f.,. -..-; ./- .~ L. " 's , I L " ... .< . 7 .. 9 '" " '. \> '4 !fk I ". ~ Zo ~ , ., I,. , 4 ~ so - .. u. .. ,. M ~ . z~ ~h ,... " ,2, .J. ./ '1 " '4 !J,5 36 '7 -'. >. .. "".42' 4} I '" '- I- __ u G~!.~ cSL I-~~-- ~ 2< ~ ,::: .. .. .. .. .. - .. .. .. .. .. ~...u 'J..'9I:.:iI7 DADE $c' STRE.ET .'* ,;' 2cl EXHIBIT "0" Conditions of AQ.Proval Project name: Ocean Ave and SW 15t Ave Abandonment File number: ABAN 11-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None PUBLIC WORKS - Forestry & Grounds Comments: None PUBLIC WORKS- Traffic Comments: None FIRE ------ Comments: None POLICE ------- Comments: None ENGINEERING DIVISION Comments: -- - ---- ..__.!_--~- 1. Alley abandonment is contingent upon retaining the full width (18.2 i feet) as a utility easement for all land area abandoned, and as an \ ingress/egress easement only from SW 2nd Street to an existing I residence to the rear of 222 W Ocean Avenue. I I ----- BUILDING DIVISION RECREATION AND PARKS i i I i I ,\ , 'I --~--- -! -- -I~ --j Comments: None Comments: None FORESTER/ENVIRONMENTALIST Comments: None Conditions of Approval Ocean Ave & SW 1 sl Ave ABAN I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean Ave & SW 1st Ave ABAN (City Initiated)\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean Ave & SW 1st Ave Alley Abandonment between Seacrest Blvd and SW 2nd St (ABAN 11-002) (City Initiated) APPLICANT'S AGENT: Mr. H. David Kelley, Jr., PE/PSM, City Engineer APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2011 (1st Reading) and March 1, 2011 (2nd Reading) TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as a utility easement, and dedicate a small portion as an ingress/egress easement. LOCATION OF PROPERTY: Alley Between W Ocean Ave and SW 1st Avenue and between Seacrest Ave and SW 2nd Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief 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 relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Ocean Ave and SW 15t Ave ABAN 11-002\DO.doc 7.8.1 OCEAN AVENUE ZONING OVERLAY (CDRV 11-001) CODE REVIEW DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 10-073 TO: Mayor and City Commission Ed Breese ~ Principal Planner FROM: THROUGH: Michael Rumpf Planning and Zoning Director DATE: January 11,2010 RE: Ocean Avenue Overlay (CDRV 11-001) NATURE OF REQUEST Staff is proposing amendments to the Land Development Regulations (LDR) involving the creation of a zoning overlay zone for Ocean A venue to further the vision contained within the Downtown Master Plan and support current CRA initiatives. BACKGROUND A staff team, including CRA staff, collaborated on a list of appropriate uses and development regulations to implement the vision contained within the Downtown Master Plan to create a Public Art and Cultural Corridor between the marina/waterfront attractions to the east and the cultural/civic activities to the west on Ocean Avenue. The plan envisions the adaptive reuse of existing buildings and the relocation of historic structures to vacant parcels along Ocean A venue, in order to create a mix of uses which create a sense of place with small shops and restaurants, arts related businesses and residential uses, all at a pedestrian scale, and contributing to a pedestrian friendly atmosphere. The meetings with CRA staff has resulted in the creation of a defined area to be subject to the overlay zone, which is defined as the area bounded on the east by the F.E.C. Railroad, on the west by Seacrest Boulevard, on the south by SE 1 st A venue and the north by NE 1 st Avenue, except between NE 1 st Street and NE 3rd Street, the north boundary shall be the alley between NE 1 st Avenue and Boynton Beach Boulevard. Development regulations were then created to support the enhancement of the pedestrian and historic scale of the area, and a list of uses proposed that further the arts and cultural concept envisioned in the Downtown Master Plan. Staff was careful to ensure that no existing building or structure would be deemed to be non- conforming under these new regulations involving setbacks, lot coverage and building height and that no existing use would be deemed non-conforming. These regulations are also sensitive to any existing historic structures located within the overlay zone and any others that may be relocated into the zone in the future. Lastly staff proposes a waiver provision to the development and design standards to provide flexibility and relief and allow the applicant to submit a superior Ocean Avenue Overlay CDRV 11-001 Page 2 design that furthers the purpose and intent of the overlay zone without any detrimental impact on surrounding properties. PROPOSED AMENDMENTS Existing regulations: The area within the proposed overlay zone consists of Neighborhood Commercial (C-2) and Multi-Family (R-3) zoning on primarily small and moderate size lots. Proposed regulations: As part of its analysis, staff reviewed the existing zoning of the properties and concluded that the zoning in place would likely not encourage the type of development envisioned in the Downtown Master Plan. The vast majority of the area is zoned Multi-family (R-3) which does not allow for the mixture of uses being promoted in the Plan. Additionally, the long range vision for the area, Mixed Use Low 1 (MU-Ll), did not appear to accommodate the existing small parcels well, catering more to the assembly of lots for a larger project. Also, the MU-Ll regulations were not very compatible with the existing, smaller scale development already in place and promoted to remain under the Downtown Master Plan. As a result, staff recommends the creation of the Ocean Avenue Overlay Zone and the following amendments to the Land Development Regulations: . Chapter 1, Article II Definitions; . Chapter 2, Article II Planning & Zoning Division Services; . Chapter 3, Article III Zoning Districts and Overlay Zones; . Chapter 3, Article IV Use Regulations; . Chapter 4, Article II Landscape Design and Buffering Standards; and . Chapter 4, Article V Minimum Off-Street Parking Requirements, in order to add provisions for selected uses and development regulations for the Ocean A venue Overlay Zone, as detailed in "Exhibit A" attached hereto. RECOMMENDATION Staff recommends that the proposed amendments to Land Development Regulations to create the Ocean Avenue Overlay Zone and further the goals of the Downtown Master Plan be approved. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 11-00] Ocean Avenue Overlay.doc EXHIBIT A OCEAN AVENUE OVERLAY ZONE Purpose and Intent 1. Provide for a mix of selected commercial, residential, office and entertainment activities, with an emphasis on arts and cultural ventures that will encourage the adaptive reuse of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian and historic scale of the area. 2. Encourage the location of specialty retail, artist related uses and entertainment establishments in concentrations that will enable and encourage pedestrian movements between businesses, and between the marina/waterfront attractions to the east and the cultural/civic activities to the west. 3. Initiate implementation of various recommendations contained within approved redevelopment plans. 4. Stimulate greater awareness and pride in the City's architectural, historical and cultural heritage. 5. Improve overall livability of the general area and stabilize and improve property values, Overlay Zone Boundaries The Ocean Avenue Overlay Zone shall be bounded on the east by the F.E.C. Railroad tracks, on the west by Seacrest Boulevard, on the south by SE 1 sl Avenue and the north by NE 1 sl Avenue, except between NE 1st Street and NE 3rd Street, the north boundary shall be the alley between NE I SI Avenue and Boynton Beach Boulevard. Permitted Principal Uses On Lots fronting on Ocean Avenue: Antique Shops Art and Craft Shops Art Studios/Galleries Arts Campus (only between Seacrest Boulevard & NE I sl Street) Bed & Breakfast Book Stores Clothing Stores Day Spa Florist Shops Gift Boutiques Government/Civic (only between Seacrest Boulevard & NE I sl Street) Health and Personal Care Shops Hobby Shops Home Goods/Fumiture/BathlKitchen accessories Interior Decorator Studios Jewelry Stores Museums Performance Theaters Personal Care Salons Photography Studios Public Parking Facilities Restaurants (without drive-through) Specialty Food/Gourmet Stores On Lots fronting on NE 1 st Avenue or SE 1 st A venue and upper floors only on Ocean A venue: Insurance Agencies Mortgage Brokers Professional Offices Public Parking Facilities Public Relations Offices Real Estate Offices Residential Dwelling Units (single-family detached through multi-family) T ax Consultants Travel Agencies Conditional Uses Any proposed non-residential use which will immediately abut a side property line of a residential use on NE 1 st Avenue or SE 1 st A venue. Development Standards For new projects on properties with single lot depth: Minimum Lot Area Minimum Lot Frontage Build-to-lines: Front 5.000 square feet. 50 feet. Side Corner 5-15 feet. Buildings setback in excess of 5 feet shall provide a paver plaza space from the edge of the sidewalk to the edge of the building. 5 feet for lots between 50 and 74 feet of frontage. 7.5 feet for lots with 75 feet of frontage and greater. 10 feet for lots abutting a historic structure. 5-15 feet. Buildings setback in excess of 5 feet shall provide a paver plaza space from the edge of the sidewalk to the edge of the building. 20 feet for lots abutting residential. 10 feet for lots abutting a public right-of-way or other uses. 65%. 35 feet, not to exceed 3 stories. 10 dwelling units per acre. Side Interior Rear Setback Maximum Lot Coverage Maximum Structure Height Density ') For new projects on lots with double lot depth creating a through lot between two streets: Utilize the Mixed Use Low 1 (MU-LI) regulations, with the exception of Maximum Height, which shall not exceed 35 feet or 3 stories. Density under MU-LI allows up to 20 dwelling units per acre. For expansions or additions to existing structures: Same requirements listed under new projects on properties with single lot depth. * Within the Ocean A venue Overlay Zone, no existing building or structure shall be deemed non- conforming with respect to setbacks, lot coverage or building height. Additionally, no existing uses shall be deemed non-conforming. Supplemental Development Standards Parking: For those parcels fronting on Ocean Avenue and those lots or parcels assembled by unity of title that front on Ocean A venue, no additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding 100% of the gross floor area; or (2) The capacity of the structure is increased by adding dwelling units, floor area, or seats; or (3) The use of the structure is changed. * Multi-family residential uses and structures, theaters, auditoriums, and other places of assembly are not eligible for the above parking waiver. For new projects: The total quantity of required parking for wholly new projects, as outlined in Chapter 4, Article 5, Section 2, may be reduced up to 50%, with the exception of residential dwelling units, which shall provide 100% of the requirement. Location of parking spaces: Existing parking spaces associated with existing buildings may remain if the spaces are unaltered as part of the building renovation/expansion, For new projects and those projects in which the parking is altered to accommodate a building renovation/expansion, parking shall be required to be in the rear yard and/or non-side corner yard, A waiver may be granted during the site plan review process when it is determined that compliance with this regulation is not feasible and the character of the area will be maintained. If such a waiver is approved, the parking shall be substantially screened from off-premises view by a hedge or decorative fencing and hedge combination, 3 Parking underneath buildings shall only be permitted when the parking spaces are screened from view from any adjacent rights-of-way by occupied building space. If} 00% of the required parking cannot be provided on-site. off-site parking spaces may be provided within 500 feet of the building to be served, provided the site of the remote parking is owned or leased by the business owner. In the instance of a lease. said lease must be approved by the City Commission. The 500 foot distance is measured by a straight line from a point on the boundary ofthe property to the closest boundary line of the property to be leased. The parent business property shall be posted with signage indicating to patrons the location of the leased parking. All spaces provided by the property/business owner on and off-site shall be maintained as unreserved. unrestricted parking available to the public. except designated handicap spaces required by la\\ When two or more adjacent properties combine their on-site parking and construct a shared parking facility with common access drives, the number of required parking spaces shall be reduced by an additional} 0%. Building Design: New Structures: All new buildings used for non-residential purposes shall be designed to be residential in character. The building design is encouraged to utilize sloped roofs, gables, porches, residential style windows and other elements normally associated with the typical frame vernacular buildings found in the City and throughout South Florida, and those of historic structures anticipated to be relocated to the area. New structures shall be constructed with the building entry oriented towards the street and shall be sensitive to the scale, massing and design envisioned in the Downtown Master Plan. Additions to Existing Structures: All building additions shall be sensitive to the original building design relative to the architectural style, building materials/components and treatments, and proportions. Original materials and details, as well as distinctive form and scale features, which contribute to the character of the building and/or surroundings, shall be preserved to the maximum extent feasible. Rehabilitation work shall not destroy the distinguishing quality or character of the property or its environment. For historic structures, any new additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the structure. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic structure and its environment would be unimpaired. 4 Landscape Design Requirements: Any property requesting a change of use under the Overlay regulations will be required to meet the minimum landscape requirements to the extent feasible. Where deficiencies occur, other methods oflandscaping, such as landscape cut-outs, planter pots, hanging baskets, etc., shall be incorporated into the design. Window boxes and entry walk plantings shall be incorporated into the overall landscape design theme. All parking, mechanical equipment, trash containers and miscellaneous equipment shall be landscaped to be screened from view. Fences along the front of the property are discouraged. Should a fence be required by the applicant, any fence forward of the front building face, or visible from any right-of-way shall be decorative in nature, opaque and not exceed three (3) feet in height. Chain link, board on board, shadowbox and similar type fences, as well as walls, are expressly prohibited, Signage and Lighting Design Requirements: Signs allowed within the Ocean Avenue Overlay Zone shall be externally illuminated only, and consist of the prototypical monument sign designed for the area, wall mounted, and/or a projecting sign. The size of wall mounted signs shall be calculated at one-half (0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed six (6) square feet in size. General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed 15 feet, be decorative in nature and compatible with the color and architecture of the building. Development and Design Standards Waivers: Staff may grant waivers to development and design standards contained herein, when conducting administrative review and approval of a project provided, in staff s opinion, the applicant has presented a superior design that furthers the purpose and intent of the overlay zone, and has no detrimental impact on surrounding properties or the general welfare of the area. When a project is subject to Board and City Commission approval, only the Commission may grant such waivers, 5 Definitions: Arts Campus: Various principal and accessory components of the art creation process, including art production, education, residences for the artists and/or students and display space, concentrated within two or more buildings within a single geographic area. 6 , . (.... (' ,,-... t CITY OF BOYNTON BEACH OCEAN AVENUE OVERLAY ZONE "f ",' ~:, ".j -i- ";..:;;:;;: , ':' ", ~"~' ~.\' .~ n "rtl- . ~ ". ;.-':1 , . "1 ., OJ ;~ '.. \' '., .~ 0;: J "., ; -,it .... '~. .:?- w '~. "~I l~ ~'l "I,M:>: 'l~}. ~J.~:'\~ '~:k ~ ::~... J~ Vlt~~ ~~",,~'it.:__ 'Jt*~',;~..-l~~~~ 180 90 0 I N 720A ''f~E s 180 360 540