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Agenda 05-27-14 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, May 27, 2014 TIME: 6:30 P.M. PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida ___________________________________________ __________________________ ___________ 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from April 22, 2014 meeting 5. Communications and Announcements: Report from Staff 6. New Business: Minimum Development Intensity for Transit Oriented Development District (CDRV 14- A. 001) - Approve amendment to the Land Development Regulations (LDR) modifying minimum floor area ratio (FAR) for projects zoned Mixed Use-High (MU-H). 500 Ocean (REZN 14-001) B.1. - Approve request for 500 Ocean (REZN 14-001) rezoning of subject property from Mixed Use High (MU-H) with expired Master Plan for 378 multi-family residential units plus retail to Mixed Use High (MU-H) with a new Master Plan for 341 multi- family residential units plus retail, located at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group. 500 Ocean (NWSP 14-002) B.2. - Approve request for New Site Plan approval to construct 341 dwelling units within five (5) and six (6) story buildings, retail space and associated recreational amenities and parking on a 4.69-acre parcel located at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group. 7. Other 8. Comments by members 9. Adjournment The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time 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 may not participate further even when purportedly acting in an informal capacity. 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. (SGYQIRX MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 22, 2014, AT 6:30 P.M. PRESENT: Roger Saberson, Chair Ed Breese, Principal Planner Ryan Wheeler, Vice Chair James Brake Sharon Grcevic Brian Miller Gregory Murphy Stephen Palermo, Alternate Aieshia Macon, Alternate 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Ms. Grcevic led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Mr. Katz moved to approve the agenda. Mr. Brake seconded the motion that passed unanimously. 4. Approval of Minutes – February 25, 2014 Mr. Katz moved to approve the minutes.Mr. Murphy seconded the motion that passed unanimously. 5. Communications and Announcements: Report from Staff Ed Breese, Planning and Zoning, Principal Planner , reported the two items discussed at the February 25, 2014 meeting; The IStorage Center (NWSP 14-001) and the Boynton Old School Commercial Center (LUAR 14-001), were both approved by the City Commission. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL. April 22, 2014 6. Election of Chair and Vice Chair Mr. Katz moved for unanimous consent to nominate Ryan Wheeler as Vice Chair and Roger Saberson as Chair of the Board.Ms. Grcevic seconded the motion that passed unanimously. 7. New Business Attorney Weinger administered an oath to all those intending to testify. A. Gateway Hotel (SPTE 14-001) – Approve request for Site Plan Time Extension approval for Gateway Hotel (NWSP 09-003) to construct a four (4) story, 77,744 square foot, 108 room hotel and related site improvements on 2.77 acres, located on the west side of the Lake Worth Drainage District (LWDD) E-4 Canal, between Gateway Boulevard and Quantum Boulevard. Applicant: John Vaughan, Art & Architecture, Inc. th John Vaughan, Art and Architecture, Inc., 1055 SW 15 Avenue, Delray Beach, Florida 33444 , began his presentation requesting an extension on the approved site plan for a hotel on Gateway Boulevard next to the Hampton Inn. The client planned on going forward but the economy prevented any progress. The hotel industry has since made a comeback and the project can move forward. The hotel would stay uniform with the Renaissance project to the south side of Gateway Boulevard in terms of design and color of the building. A timeline has been offered to the City to show intent so there are benchmarks to make sure the project stays on track. Mr. Brake inquired when the project would break ground. Mr. Vaughan responded getting the drawings done would take about seven to eight weeks with the Building Department and groundbreaking is anticipated for the beginning of October. Mr. Brake inquired what the completion date would be and Mr. Vaughan replied it would take about ten months to one year. Mr. Katz asked Mr. Breese to show the slide of the hotel’s intended location. Mr. Vaughan confirmed for Mr. Katz that the hotel sits back from Gateway Boulevard. There is a bank that used to be the original House of Pancakes and the primary road to the hotel would be behind that building. Mr. Katz inquired where signage would be located. Mr. Vaughan replied there would be a monument sign on Quantum Boulevard. If permitted, there would also be a sign on Gateway Boulevard. Since the bank is only one story, the hotel could be seen from Gateway Boulevard and the hotel would have a sign on it. Mr. Katz assumed the project now had financing that was not previously available because of the economy and Mr. Vaughan responded that was correct. Mr. Katz 2 Meeting Minutes Planning and Development Board Boynton Beach, FL. April 22, 2014 commented he was against time extensions. He expressed concerned the hotel is not directly on Gateway Boulevard and would someday no longer be a hotel. Mr. Vaughan commented the client has done a number of hotels and knows the climate of the area. Mr. Vaughan stated the project affiliation is between the Marriott and Hilton hotels, but would most likely be the Marriott. Mr. Murphy inquired if there would be another entrance from Gateway Boulevard where the bank and the other hotel are located. Mr. Vaughan responded there would be another entrance, but it would be more for fire trucks to get through. Mr. Wheeler inquired if there was a cross access agreement for the entrance to the south. Mr. Vaughan responded it was originally set up when the Hampton Inn was done by the same client. The bank near this project has received the attorney’s review and is aware of all plans. Mr. Katz questioned when the 18 month extension would begin. Mr. Breese commented it would begin as of the last approval date and would end August 17, 2015. Mr. Katz inquired why 18 months was needed. Mr. Breese stated there are various issues that can happen. There may be a delay with Plan Review or storms that delay the project. The client was asking for the maximum of 18 months to give him a buffer should an unforeseen circumstance arise. Chair Saberson opened the public hearing. Ms. Weinger administered an oath to someone who arrived after the first oath was administered. Michael Haysmer, 1475 Gateway Boulevard , inquired if the hotel was being approved for initial planning or had it already been approved for construction. Chair Saberson stated the approval was already granted. Construction was delayed because of the downturn of the economy. The applicant was requesting an extension of time in order to build the hotel. Mr. Haysmer was concerned because there was already a Holiday Inn at Leisureville and a Holiday Inn at Hypoluxo and wondered if the City needed another hotel. He questioned whether a better commercial development rather than a hotel could be built that would bring business to the area. Chair Saberson explained the City does not generally get involved with the marketing aspect and referred to Mr. Breese. Mr. Breese responded a hotel is allowed by right on that property and the applicant cannot be denied the opportunity to construct a hotel should he choose to do so. Mr. Katz indicated the only possibility the hotel would not be constructed at this point would be if the time extension had not been granted. Mr. Katz stated it is zoned properly for a hotel and someone cannot be denied to build one on it. Another option would be for City Commission to decide there are too many hotels and vote against the time extension. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL. April 22, 2014 Motion Mr. Miller moved to approve the request for the site plan time extension of 18 months for the Gateway Hotel (SPTE 14-001) subject to all conditions of approval stated in Exhibit “E” of the staff report.Ms. Grcevic seconded the motion. Mr. Katz stated he was voting against the 18 month extension and felt 12 months should be sufficient time. Vote The vote passed 6-1 with Mr. Katz dissenting. Chair Saberson indicated the following items have been postponed until the May 27, 2014 meeting. 500 Ocean (LUAR 14-001) B.1 – Approve request for 500 Ocean (LUAR 14- 001) rezoning of subject property from Mixed Use High (MU-H) with expired Master Plan for 378 multi-family residential units plus retail to Mixed Use High (MU-H) with a new Master Plan for 341 multi-family residential units plus retail, located at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group. 500 Ocean (NWSP 14-002) B.2 – Approve request for New Site Plan approval to construct 341 dwelling units within five (5) and six (6) story buildings, retail space and associated recreational amenities and parking on a 4.69- acre parcel located at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group. Mr. Brake requested an update on Items B.1 and B.2 prior to postponing. Mr. Breese stated as of last week revised drawings were submitted and were being reviewed. Comments are expected to go back by the beginning of next week and it is anticipated th the items will be on the May 27 Board meeting. Mr. Brake inquired if the project is proceeding according to the plans and Mr. Breese stated there have been some revisions. The applicant wanted to decrease retail space to allow more public space, but the CRA and Planning staff felt the need for retail space was critical. The plaza had to be redesigned to accommodate more retail space and additional office space that was not in the original plans. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL. April 22, 2014 Motion Mr. Katz moved to approve postponing Items B.1 and B.2 until the May 27, 2014 Board meeting. Mr. Brake seconded the motion. Vote The motion passed unanimously. Mr. Brake announced Commissioner Joe Casello was in the audience. 8. Adjournment There being no further business to discuss, Mr. Katz moved to adjourn the meeting and Mr. Wheeler seconded the motion. The meeting was adjourned at 6:49 p.m. Grace Morales Records Coordinator 4/23/14 5 NEW BUSINESS 6.A. Minimum Development Intensity for Transit Oriented Development District (CDRV 14-001) Code Review - t vriPARTMENT OF DEVELOPMENT PLANNING AND ZONING fop Memorandum PZ 13-029 TOO Chai and Members Plannin & • De Board M • i W Rumpf Plannin and Zonin D irector FROM: Hanna Matras, Sen Planner DATE: April 3� 2014 REG Minimum development intensit f or the Downtown Transit - Oriented Developmen - — Approve amendments to the Land Development Re (LDR) modif�in minimum floor area ratio (FAR) for projects with the Mixed Use -High - H) zonin des ignation . BACKGROUND Fo r the past eight years, the Cit p artici p ati n g T ransportation t service include new service on the FEC. The expanded "T Coastal ," would add a series of new passenger rail stations , Miam i-Dade Broward, and i , including a new Boynton Beach st ation of Bo Beach Boulevard. FDOT and It i ncludin g s Transportat s Palm Beach Metropolitan Planning Organizat imp rove (MPO), and Treasure Coast Re Plannin Council (TCRPC), have all pn"o "tized the need to t patterns in advance of station development. The TCRPC has been workin with municipalities on introducin Comprehensive ' Plan pol icies 1 t Dev elopment (TOD). The t significant features of TOD are (1) increased 1 intensit development (2) walkabilit and i t the area; and (3) mix of uses app ropri amendments ® , t V the - . t r crea prov i ntended the future Tri-Ra Coastal Link commuter service. The amendments included addit s tandards the mixed use zoni r i , includ -- intensity criteria for mixed use districts within the Transit Core and the Station Area, defined as a ¼ mile and ½ mile radius around the station, respectively. The new provisions established the minimum density of 40 units per acre and the FAR of 2.5 for projects with the Mixed Use-High (MU-H) zoning designation, in addition to the maximums of 80 units per acre and the FAR of 4.0 (note that the MU-H zoning designation is not applicable outside the Station Area). The minimum FAR of 2.5 was arrived at by staff through the analysis of existing projects. The subject request seeks to reduce the minimum floor area ratio from 2.5 to 2.0, consistent with the recommendations of the Florida Transit-Oriented Development Guidebook. EXPLANATION The Florida TOD Guidebook, published by the Florida Department of Transportation in December 2012, defines three station typologies for the state—Regional Center, Community Center, and Neighborhood Center. The corresponding target densities (measured by dwelling units per acre) and intensities (measured by FAR) are based on a transit modes ranging from Bus and Streetcar to Heavy Rail. The model for the Boynton Beach TOD is a Community Center. It includes site-specific densities and intensities and other station area- and site-level measures, as shown in the table below: A Framework for TOD in Florida - Community Center - 2 - Source: The Florida TOD Guidebook, Table 1-2, page 1-13. According to this framework for a Community Center, the recommended FAR range is between 2.0 and 4.0. Specific recommendations for minimum densities and intensities are also included in the Florida TOD Guidebook’s Chapter 4, Model TOD Comprehensive Plan Goals, Objectives and Policies and Land Development Regulations for Florida: TherecommendedminimumFARfortheTransitCoreis2.0.ThecurrentminimumFAR of2.5fortheMUHdistrictextends½milearoundtheplannedstation,andstaff recommendsthatthereducedmaximumof2.0belikewiseappliedwithintheentire stationarea,ratherthanbelimitedtotheTransitCoreonly.Notethatthemajorityof propertieswitheitherthecurrentorproposedMUHzoningdistrictarelocatedwithin theTransitCore,¼milearoundthefuturestation(alargeareanortheastoftheTransit CoreisclassifiedontheFutureLandUseMapasaConservationOverlay,naturally limitingthedevelopmentpotentialontheaffectedproperties). Pleasealsonotethat,pertheCityComprehensivePlanandLandDevelopment Regulations,thecalculationofthefloorarearatioforallmixedusestructuresinurban mixedusedistrictsincludesbothresidentialandcommercialuses.TheFloridaTOD Guidebookemphasizesthat͞ƚŚĞmixedusedevelopmentisstronglyencouraged,witha horizontaland/orverticalarrangement,andsaiddevelopmentmaycomplywitheither ƐƚĂŶĚĂƌĚ͟(minimumdensityorintensity). - 3 - The proposed amendments apply to the MU-H zoning district only. At this time, staff does not recommend changes to the minimum densities and intensities of Mixed Use- Low 1, Mixed Use-Low 2 and Mixed Use-Low 3 districts. However, being new and thus untested, these standards may be revised in the future. PROPOSED CHANGES C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-21). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 12 Lot Frontage, Minimum (feet): 100 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 1453, 14355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ 141415 Arterial: 45 20 1.0 30/40 2.0/2.5 4080 4.0 333,15 125 1001003.5 Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 4 Local Street: 45 20 1.0 45 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 11 Build-to-line (feet): 10101010 Front abutting a public right-of-way 0 0 0 0 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 : (feet) 12 Rear abutting: 78777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 25 0 0 12 Side abutting: 77, 8777 Residential single family: 25/ 0 25 25 25 Usable Open Space, Minimum 13 2% (square feet): 1.May be reduced if frontage extends from right-of-way to right-of-way. 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway. 4.Must also have frontage on local collector or higher roadway classification. 5.Max. height on any street frontage is 45 feet. Max. ht. on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6.Max. height reduced to 125 feet for entire project where property abuts any MU-L or residential zoning district not separated by a right-of- way . 7.Plus one additional foot for each foot of height over 35 feet. 8.Where there is an intervening right-of-way of at least 40 feet. - 4 - 9.Subject to permitting agency approval. 10.Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2 below for additional relief provisions from build-to-line requirements. 11.Listed eligible Historic structures are not required to meet these standards. 12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below. 13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Ch. 4, Art. III, Sect. 8. for additional regulations. 14.Projects within the Transit Core shall have minimum densities as follows: MU-1 – 11; MU-2 – 20; MU-3 – 30 and MU-H – 40 dwellings per acre (except that minimum density for the MU-H District applies to projects located within the entire Station Area). 15.Projects within the Transit Core shall have a minimum F.A.R. as follows: MU-L3 – 1.75 and MU-H – 2.5 2.0(except that minimum F.A.R. for the MU-H District applies to projects to be located within the entire Station Area). The above Table 3-21 (attached as Exhibit A) is also replicated in the overview section (E. Mixed Use Urban Building and Site Regulations) as Table 3-4. However, the TOD amendments adopted in June 2013, which included changes to Table3-21 (adjusting parameters of mixed use zoning districts based on classification of project frontage and adding notes 14 and 15 regarding minimum densities and intensities), inadvertently did not add same to Table 3-4, an omission staff proposes to rectify in subject request (see Table 3-4, Exhibit B). - 5 - Exhibit A C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-21). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 11 12 100 100 150 200 Lot Frontage, Minimum (feet): Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 1453, 14355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ 141415 Arterial: 45 20 1.0 30/40 2.0/2.5 4080 4.0 333,15 1001003.5125 Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 4 Local Street:45 20 1.0 45 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 11 Build-to-line (feet): 10101010 Front abutting a public right-of-way 0 0 0 0 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 (feet): 12 Rear abutting: 78777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25250 0 12 Side abutting: 77, 8777 Residential single family: 25/ 0 25 25 25 Usable Open Space, Minimum 13 2% (square feet): 1.May be reduced if frontage extends from right-of-way to right-of-way. 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway. 4.Must also have frontage on local collector or higher roadway classification. 5.Max. height on any street frontage is 45 feet. Max. ht. on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6.Max. height reduced to 125 feet for entire project where property abuts any MU-L or residential zoning district not separated by a right-of- way . 7.Plus one additional foot for each foot of height over 35 feet. 8.Where there is an intervening right-of-way of at least 40 feet. 9.Subject to permitting agency approval. 10.Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2 below for additional relief provisions from build-to-line requirements. 11.Listed eligible Historic structures are not required to meet these standards. 12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below. 13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Ch. 4, Art. III, Sect. 8. for additional regulations. 14.Projects within the Transit Core shall have minimum densities as follows: MU-1 – 11; MU-2 – 20; MU-3 – 30 and MU-H – 40 dwellings per acre (except that minimum density for the MU-H District applies to projects located within the entire Station Area). 15.Projects within the Transit Core shall have a minimum F.A.R. as follows: MU-L3 – 1.75 and MU-H – 2.5 2.0(except that minimum F.A.R. for the MU-H District applies to projects to be located within the entire Station Area). Exhibit B E.Mixed Use Urban Building and Site Regulations (Table 3-4). ` MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 11 12 100 100 150 200 Lot Frontage, Minimum (feet): Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 1453,14355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ 141415 30/40 2.0/2.5 40 Arterial: 45 20 1.0 804.0 333,15 1001003.5125 Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 30 3.0 55 60 3.5 4 Local Street:45 20 1.0 45 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 11 Build-to-line (feet): 10101010 Front abutting a public right-of-way 0 0 0 0 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 (feet): 12 Rear abutting: 78777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25250 0 12 Side abutting: 77, 8777 Residential single family: 25/ 0 25 25 25 Usable Open Space, Minimum 13 2% (square feet): 1.May be reduced if frontage extends from right-of-way to right-of-way. 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway. 4.Must also have frontage on local collector or higher roadway classification. 5.Max. ht on any street frontage is 4045 feet. Max. ht. on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6.Max. ht. reduced to 125 feet for entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way . 7.Plus one additional foot for each foot of height over 35 feet. 8.Where there is an intervening right-of-way of at least 40 feet. 9.Subject to permitting agency approval. 10.Buildings and structures shall be located no father than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2 below for additional relief provisions from build-to-line requirements. 11.Listed eligible Historic structures are not required to meet these standards. 12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below. 13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Ch. 4, Art. III, Sect. 8. for additional regulations. 14.Projects within the Transit Core shall have minimum densities as follows: MU-1 – 11; MU-2 – 20; MU-3 – 30 and MU-H – 40 dwellings per acre (except that minimum density for the MU-H District applies to projects located within the entire Station Area). 15.Projects within the Transit Core shall have a minimum F.A.R. as follows: MU-L3 – 1.75 and MU-H – 2.0 (except that minimum F.A.R. for the MU-H District applies to projects to be located within the entire Station Area). NEW BUSINESS 6.B.1 500 Ocean (REZN 14-001) Rezoning Page 2 500 Ocean REZN 14-001 Adjacent Uses: North: Right-of-way of East Ocean Avenue then developed commercial uses classified MX Mixed Use and zoned CBD (Central Business District); nd South: Right-of-way of SE 2 Avenue then developed commercial designated LRC Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway then developed commercial designated MX Mixed Use and zoned CBD Central Business District; th West: Right-of-way of SE 4 Street then developed commercial designated MX Mixed Use and zoned CBD Central Business District. BACKGROUND The property is classified Mixed Use Core, the City’s future land use classification that allows development of the highest density (80 units per acre) and intensity (Floor Area Ratio of 4.0). The proposed Mixed Use-High (MU-H) district is the only zoning district that corresponds to this classification. Since MU-H is a planned zoning district, a master plan/site plan for the subject property must be submitted concurrenly with a rezoning application. A master plan is therefore an integral component of the rezoning application for a planned zoning district. Consequently, upon expiration of a master plan, a request for a new master plan requires a concurrent application for rezoning, even though the property’s formal zoning designation will remain the same. A mixed-use project known as The Arches was first approved for the subject property in 2003. Subsequently, a Major Site Plan Modification was requested by new owners and approved in 2005. The project as approved included 378 multi-family dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant uses). The site plan expired in 2009. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map 2 Page 3 500 Ocean REZN 14-001 (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. In terms of density and intensity, the new Master Plan represents relatively little change from the Master Plan that expired. However, the need for high density and intensity projects downtown has recently been amplified as the City continues its planning efforts leading to the establishment of the Downtown Transit-Oriented Development (TOD) District within a ½ mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor. This intersection is the anticipated location of the station for the future commuter Tri-Rail Coastal Link service on the FEC Corridor. The City’s planning actions aimed at guiding future development and redevelopment within the District include amendments to the Land Development Regulations, approved in 2013, and the Comprehensive Plan amendments, currently in processing. Both implement the Transit-Oriented Development (TOD) approach as described in the 2012 Florida Department of Transportation’s TOD Guidebook. The approach includes increased density and intensity of development, walkability and interconnectivity throughout the area, and a mix of uses assuring a balance between housing and jobs. b. Consistency. Whether the proposedFuture Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning with a new Master Plan is consistent with all applicable policies of the Comprehensive Plan, Redevelopment Plans, and Land Development Regulations (see also response to {a}). All plans and regulations applicable support and promote high density and intensity projects in the downtown area. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. N/A: As noted in the Backgroundsection of this report, the proposed Mixed Use-High (MU-H) district is the only zoning district corresponding to the existing Mixed Use-Core future land use classification. As the Official Zoning Map shows, the property retained 3 Page 4 500 Ocean REZN 14-001 the MU-H zoning after expiration of the last Master Plan (although no permits can be issued for the property). Approval of the proposed rezoning would represent approval of a new Master Plan. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning with a new Master Plan for a mixed use, transit-supportive project is promotes Smart Gowth initiatives. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Long-term capacity availability for potable water, sewer and solid waste was reviewed as a part of annexation and the FLUM amendment for the property in 2005. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. The traffic and school concurrency reviews will will be processed as part of the site plan. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the 4 Page 5 500 Ocean REZN 14-001 economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City’s tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed rezoning involves a change from the expired master Plan/Site Plan for a mixed use project to a new Master Plan for a mixed use project of similar density and intensity. Although the Arches project was not reviewed for direct economic benefits as specified above, the proposed project clearly generates economic development benefits as it presents an opportunity to become a catalyst for development in the Downtown Transit-Oriented Development District. The only way to increase demand for commercial uses downtown is to increase the number of downtown residents. Both the number of jobs and the number of housing units are below threshold set for a Community Transit Center station by the 2012 Florida Department of Transportation’s TOD Guidebook. The Community Transit Center station is a model for the Boynton Beach Downtown TOD District. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The subject property is already classified Mixed Use-Core. The proposed rezoning does not change the type of land uses allowed on the property. 5 Page 6 500 Ocean REZN 14-001 i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. See the response to criterion “a.” j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with the requirements of the MU-H zoning district and the site development standards of Part III (LDR), Chapter 4 prior to the issuance of any permits or certificate of occupancy. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it consistent with the Comprehensive Plan objectives and policies and with the Economic Development goals. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\500 Ocean\REZN 14-001\Staff Report.doc 6 EXHIBIT "A" - SITE LOCATION MAP 500 OCEAN (REZN 14-001) CBD C-2 E OCEAN AVE CBD SITE SE 1ST AVE MU-H CBD R-1A R-3 5 C-3 02550100150200 Feet NEW BUSINESS 6.B.2 500 Ocean (NWSP 14-002) New Site Plan DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14=006 STAFF REP TO: Chair and Members Plannin and.Develop n Board f THRU: Michael W. Rumpf Director of Plannin and Zonin FROM: Ed Breese X6 Principal Planner DATE: April 13, 2014 PROJECT NAME: 500 Ocean (NWSP 14-002 REQUEST: New Site Plan for multi-famil residential (rental apartments consistin of 341 dwellin units within five ( 5 ) and six ( 6 ) -stor y buildin retail space, and associated recreational amenities and parkin on 4.69 acres. PROJECT DESCRIPTION Prope",-Owner: Capstone Resdev LLC Applicant: Mor Bo Beach LLC A John Wohifarth, 181 Group Location: 101 S. Federal Hi - SW corner of. Federal Hi and Ocean Avenue (see Exhibit "A" - Site Location Map) Existin Land Use: 'MXC (Mixed Use Core) Existin Zonin MU-H (Mixed Use Hi Proposed Land Use: No chan to land use proposed Proposed Zonin No chan to zonin proposed Proposed Use: 341 multi-famil residential units (rental apartments) within five ( 5 ) and six (6)-stor buildin retail space, and associated recreational amenities an,d parkin Acrea 4.69 acres (204,208 s feet) Ad Uses: Staff Report (NWSP 14-002) 500 Ocean Memorandum No PZ 14-006 Page 2 North:Right-of-way for Ocean Avenue and farther north are developed properties zoned CBD (Central Business District); nd South:Right-of-way for Southeast 2 Avenue and farther south is a developed commercial plaza zoned C-3 (Community Commercial); East:Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD (Central Business District); and th West:Right-of-way for Southeast 4 Street and farther west is developed commercial properties zoned CBD (Central Business District). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. John Wohlfarth, agent for Morgan Boynton Beach LLC, is requesting to construct 341 multi-family residential units (rental apartments) within five (5) and six (6)-story buildings, retail space, and associated recreational amenities and parking. The two (2) block site in the heart of downtown is currently vacant and has previously been approved for mixed use development. A previous project called The Arches was approved in 2003, and was subsequently awarded two (2) site plan time extensions. In 2005, a Major Site Plan Modification application was approved as filed by new owners of the property. According to the site plan staff report, The Arches was approved to include a total of 378 dwelling units and 40,596 square feet of retail space (consisting of retail, office, and restaurant uses). A height exception request was also approved for certain rooftop elements that concealed mechanical equipment (elevator shafts and stairwells) at a height of 167 feet, or 17 feet above the maximum height threshold of 150 feet. An alley and the sidewalks on three sides of the property were also abandoned as part of the project approval. The project subsequently received Site Plan Time Extensions in 2006 and 2007. A third Site Plan Time Extension was denied in 2008 due to lack of any action on the part of the developer, the absence of a timeline to begin and complete the project, and demonstration of project financing. ANALYSIS Concurrency: Staff Report (NWSP 14-002) 500 Ocean Memorandum No PZ 14-006 Page 3 Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study indicates the project would generate a total of 196 AM Peak Hour trips and 330 PM Peak Hour trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. The project is located within Concurrency Service Area 19. Utilities: The City’s water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and 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. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. The developer will provide a drainage easement for conveyance of storm water through the drainage system located on their property and enter into an agreement to ensure future and perpetual maintenance/repair of the proposed relocated drainage system (see Exhibit “C” – Conditions of Approval). Access: Two (2) major points of ingress/egress are proposed for the project, which th are both located on SE 4 Street. The first is located near the northwest corner of the property and provides direct access to the surface parking lot immediately behind the retail buildings fronting Ocean Avenue. This access point also provides access into the parking garage. The second major ingress/egress point provides direct entry into the parking garage and is th located approximately mid-block on SE 4 Street. A minor driveway entrance/exit is provided mid-block on Federal Highway and serves as a drop-off location for the building’s main lobby/leasing center under a porte cochere. Lastly, an emergency egress path is provided at the east terminus of the surface parking lot located immediately behind the retail buildings fronting Ocean Avenue. Staff Report (NWSP 14-002) 500 Ocean Memorandum No PZ 14-006 Page 4 Sidewalks, ranging in width from 6 to 14 feet, are provided completely around the site, with the vast majority of the sidewalk proposed to be minimum of 8 feet in width. Segments of the sidewalk along Ocean Avenue will be covered by an arcade. There are also three (3) separate plazas proposed to encourage pedestrian interaction, with the first located at the NE corner of the site. This plaza is also intended to incorporate the art feature for the project. A second plaza is proposed between the retail buildings along Ocean Avenue and designed to be lined with an arcade around the edge and a large specimen tree located in a planter with a seat wall, in the center of the plaza. The third plaza is proposed at the NW corner of the site, along the west edge of the retail space. This plaza is intended to interact with the future rail stop across the street. Parking: Off-street parking for the MU-H zoning district requires 1.33 parking spaces for one-bedroom units and 1.66 parking spaces two (2) or more bedroom units. The project proposes 341 units (a mixture of one, two, and three bedrooms), which would require 515 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 51 parking spaces to the total. The commercial space, which would allow a mix of retail and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 13,330 square feet of retail, thereby requiring an additional 67 parking spaces. The site plan also depicts the provision of 6,613 square feet of leasable office space, which would require 23 more parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 656 parking spaces would be required. The site plan proposes 703 parking spaces, or an excess of 47 spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 degree parking. Handicap spaces would be dimensioned 12 feet by 18 feet. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 664 vehicles, including 14 handicap spaces. The first floor of the structure would accommodate retail, office, and guest parking. The second level would also allow for guest parking up to the point of the security gates, then all other spaces on the second floor and up through the seventh floor would be designated for resident parking. The developer will be required to comply with the City’s residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents, so that there is no reason for residents to utilize guest and retail parking spaces. This requirement shall be monitored and enforced by the developer (see Exhibit “C” – Conditions of Approval). A surface parking lot is located immediately behind (south of) the commercial building proposed along Ocean Avenue. This parking area is designed to accommodate 34 parking spaces, including three (3) handicap accessible spaces. There are also five (5) surface parking spaces within the circular drive off of Federal Highway, at the lobby/leasing center entrance, including one (1) handicap accessible space. Staff Report (NWSP 14-002) 500 Ocean Memorandum No PZ 14-006 Page 5 Lastly, the proposed site plan depicts the provision of four (4) parallel parking spaces along Ocean Avenue and ten (10) parallel spaces along Federal Highway, which are in excess of the total available parking (704 spaces) noted above. Staff notes that the parking and any landscaping proposed in the Federal Highway right-of-way is subject to FDOT approval (see Exhibit “C” – Conditions of Approval), and that the provision of on-street parking is strongly promoted by staff, which will support the applicant’s efforts with FDOT. Landscaping: The Plant List (Sheet LA-13) indicates that the project would add a total of 185 canopy and palm trees, 4,273 shrubs, and 2,359 groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having “low” or “medium” watering needs in the South Florida Water Management’s “Waterwise” publication. The proposed tree species would include the following: Silver Buttonwood, Tabebuia and Yellow Elder trees. Palm species would include Royal, Foxtail, Alexandra, Bismark, Sabal, and Fishtail palms. Projects proposed in the Mixed Use High (MU-H) zoning district are subject to the “Streetscape Design” portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose of the “Streetscape Design” concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed mostly back, along the building foundation, in an effort to provide maximum clear pedestrian pathways. The applicant has worked with staff to provide the street trees and covered walkways necessary to meet the required 50% shaded sidewalk along all building frontages. The west building elevation is where the parking garage is located. Staff worked with the applicant to design this façade to incorporate as many of the architectural treatments from the remainder of the building to disguise its true purpose and integrate it in to the overall building design to the maximum extent feasible. While the applicant has done a commendable job in the design, staff requested a slightly denser planting scheme along this portion of the west elevation to better screen/buffer the parking structure. The landscape plan proposes 16 trees/palms within this approximately 200 foot segment, utilizing landscape material such as Silver Buttonwood and Tabebuia trees and Alexandra and Bismark palms. The two internal courtyard amenities are heavily planted with a variety of tropical landscape materials such as an assortment of palm trees, Staff Report (NWSP 14-002) 500 Ocean Memorandum No PZ 14-006 Page 6 bromeliads, peace and crinum lilies, crotons, ti plants, schefflera and xanadu. Building and Site: The proposed building site totals 204,208.48 square feet or 4.69 acres, encompassing two (2) city blocks downtown, with street rights-of-way on each side of the property. The applicant is proposing 341 units, with the majority of the units located within the main six (6)-story building, and the balance of the units on floors three (3) through five (5) above the retail/office building fronting on Ocean Avenue and the residential bridge over the surface parking, connecting back to the six (6)-story building and parking structure. The retail/office portion of the project totals 19,943 square feet and fronts on Ocean Avenue, with a portion of the retail space wrapping the corner of Ocean Avenue and Federal Highway, bordering the public plaza at the corner. The parking garage, as noted previously, has seven (7) levels of parking, with dedicated resident parking beginning, in part, on the second level, behind gate access and continuing to the top. Of the 341 residential units, 156 are one (1) bedroom, 162 are two (2) bedroom, and 23 are three (3) bedroom units. The units range in size from 747 square feet to 1,306 square feet under air. Each unit also has a balcony that either faces out towards the street or in towards the courtyards, ranging in size from 60 square feet to 235 square feet in size. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use High (MU-H) zoning district has a maximum FAR of 4.0. Last year, the code was amended (Ordinance 13-013) to also require a minimum FAR within the new Transit Oriented Development (TOD) regulations associated with the proposed passenger rail station location on the FEC Railway. The 500 Ocean project is located adjacent to the proposed train station, placing it within the “Transit Core” (1/4 mile radius of the station), which requires that new development have a minimum 40 dwelling units per acre (72.7 du/ac proposed) and a minumum FAR of 2.5, not including parking garage. The project as proposed has a FAR of 3.25 including the 221,100 square foot garage allocation. Once the garage is subtracted from the total project square footage, the FAR is 2.17. During the drafting of Ordinance 13-013, staff reviewed other mixed use projects constructed within the City to analyze and determine the appropriate minimum floor area ratio (FAR), in an effort to ensure the necessary density and intensity of any new development around the proposed rail station would support the mass transit initiatives and improve the vitality of downtown. Since the adoption of that ordinance, staff, in their continued collaboration with the Treasure Coast Regional Planning Council (TCRPC) and Florida Department of Transportation (FDOT), has reviewed a copy of the “Florida TOD Guidebook”, which establishes a framework for site specific densities and intensities based upon various transit modes. Based upon the different station types outlined within the guidebook, the proposed Boynton Beach train station would be classified as a Community Center, as opposed to a Regional Center or Neighborhood Center. As such, the guidebook indicates establishment of a minimum FAR of 2.0 for development around the commuter rail station. With this additional information, staff is proposing to amend the code (CDRV 14- Staff Report (NWSP 14-002) 500 Ocean Memorandum No PZ 14-006 Page 7 001) to adopt a new minimum FAR of 2.0 simultaneously with the action on this site plan. The proposed FAR of 2.17 associated with the new site plan would then meet this amended regulation. Staff’s review of this plan has reinforced it’s belief that the proposed FAR is in keeping with the vision for downtown development, as any project designed with similar density and FAR characteristics as the 500 Ocean project would have sufficient density and intensity to assist with the revitalization of the City core and support mass transit initiatives. Building Height: The maximum building height allowed in the Mixed Use High (MU-H) zoning district is 150 feet. The proposed building elevations depict the typical roof nd deck height of the residential building fronting on Federal Highway, SE 2 th Avenue and SE 4 Street ranging between 59’ and 59’-6”, with typical parapet walls at approximately 65’ and tower elements reaching to approximately 75’. On the Ocean Avenue side of the project, the typical roof deck is proposed at a height of 52’-4”, with typical parapet walls at approximately 57’ and tower elements reaching to approximately 66’. The th garage structure on the SE 4 street elevation is depicted with staggered and repeating parapet wall heights varying between 62’, 66’ and 69’. Setbacks: The MU-H zoning district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades because the building fronts on four (4) streets. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback varies along the length of the project, with a nine (9) foot setback from the retail building arcade at the NE corner of the site, to a staggered setback for the terraces ranging between 15 and 24 feet, and finally, a 14 foot setback to the porte cochere at the building lobby entry. nd Along SE 2 Avenue, the building and balcony/terraces range in setback from 6 feet to nearly 15 feet, with a few small building pockets without balcony/terraces, extending to a 24 foot setback. On the Ocean Avenue side of the building, the setback varies from nearly one (1) foot at one (1) of the arcades to slightly over 15 feet at certain points along the storefront windows th and nearly 42 feet to the arcade within the center plaza. Along NE 4 Street, the portion of the building containing residential units at the SW corner, ranges in setback from four (4) feet to eight (8) feet in the area of balcony/terraces, to a distance of approximately 18 feet where there are no balcony/terraces, and 24 feet along the length of the westernmost plaza area. Along the garage structure, the setback to the face of the wall is approximately 18 feet, with awnings attached to a majority of the façade, creating the impression of a setback of approximately 13 feet. As previously noted, the MU-H zoning district has zero (0) build-to line. The code provides for an allowance of up to a 15 foot deviation to provide the developer the opportunity to 1) enhance public spaces such as sidewalks, Staff Report (NWSP 14-002) 500 Ocean Memorandum No PZ 14-006 Page 8 plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. Site plan submittals that exceed the allowed deviation require Community Design Appeal approval. A thorough review of the setbacks and site design was conducted by staff, who concluded that the vast majority of each building elevation met the requirement and where deviation are proposed, the underlying reason for the small deviations met other urban design criteria promoted by staff. These include 1) providing adequate distance from the street trees planted along the curb on Federal Highway to the face of the building, in order to allow for a full crown/canopy of the trees and to discourage harsh tree trimming to keep the trees off of the building; 2) providing for three (3) plazas along the perimeter of the retail component of the project, rather than one (1) larger plaza at the corner of Federal Highway and Ocean Avenue. The dispersion of plaza space allows for more intimate spaces and allows for a plaza area facing the proposed rail station to the west, and was requested by staff; and 3) providing a wider planting area along the west side of the garage structure to allow for a denser planting scheme against the façade to better screen this operation from off site, as requested by staff. Amenities: As noted above, the site has been designed with three (3) plazas along Ocean Avenue, the first of which is located at the NE corner of the site, at Federal Highway, and consists of 2,418 square feet, a seating wall, benches, trees and the proposed art feature. A second plaza is proposed mid-block on Ocean Avenue, between the two retail buildings and is 1,492 square feet in size. The third plaza is located at the NW corner of the site, at th SE 4 Street, adjacent from the future rail station, and consists of 2,236 square feet and is lined with palm trees. The project has also been designed with two (2) large interior courtyards for resident use. The southerly courtyard contains the community pool, covered pavillion, summer kitchen, hammocks and lush tropical landscaping. The northerly courtyard is designed as a large paver patio area with a covered pavillion, summer kitchen, outdoor seating, fire pit and lush tropical landscaping. The amenities located within the building include a club room, theater, fitness center, business center, cyber café, game room and interior bike storage. The developer will also be working with Palm Tran of Palm Beach County to determine if transit shelter is needed at this property. If it is determined one is needed, the shelter will be designed utilizing some of the architectural characteristics of the mixed use project. Design: The proposed building has a contemporary design with some Mediterrean architectural embellishments, featuring a smooth stucco finish, parapet roof, barrel tile mansard roof and tower features, decorative cornices and banding, modulation of the facades, balconies with decorative aluminum railing, building score lines, some arched windows and openings, decorative medallions, stone veneers and trims, decorative brackets, decorative trellises, canvas awnings, decorative grilles, arcades and an earthtone color palette. Lighting: The photometric plan (Sheet LG-1) includes 54 freestanding pole light Staff Report (NWSP 14-002) 500 Ocean Memorandum No PZ 14-006 Page 9 fixtures, all of which would be 15 feet in height and designed to match the poles and light fixture design the City has already adopted along the Casa Costa and Boynton Promenade projects, a block away from this site. The poles and fixtures would be constructed of cast aluminum, black in color and the light fixtures would have a flat lens to ensure the on-site illumination would not “spill over” onto adjacent properties and rights-of-way as required by code. There are spot readings in excess of the maximum 5.9 foot-candles allowed, however these locations are fully contained within the internal courtyards, with no external impact. Signage: Site and building signage has not been finalized and a Sign Program will need to be approved for the site prior to requesting any sign permits for the site (see Exhibit “C” – Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location is depicted in the plaza at the corner of Federal Highway and Ocean Boulevard. According to the proposed construction estimates, the project would have an art budget of approximately $416,000. RECOMMENDATION Staff has reviewed this request for a new site plan and recommends APPROVAL, subject to satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\500 Ocean\NWSP 14-002\Staff Report.doc EXHIBIT "A" - SITE LOCATION MAP 500 OCEAN (NWSP 14-002) CBD C-2 E OCEAN AVE CBD SITE SE 1ST AVE MU-H CBD R-1A R-3 5 C-3 02550100150200 Feet OCEAN AVE. 9'-1" OF BLDG. ENCL. STBK. TO FACE 65'-2" OF BLDG. ENCL. STBK. TO FACE 63'-7" 13'-7" 175'-3" OF BLDG. ENCL. STBK. TO FACE 62'-8" OF BLDG. ENCL. STBK. TO FACE 29'-4" S.E. 2nd AVE. IBI GROUP (FLORIDA) INC. EXHIBIT “C” Conditions of Approval Project Name: 500 Ocean File number: NWSP 14-002 rd Reference: 3review plans identified as a New Site Plan with a April 15, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTSINCLUDEREJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Prior to TCO, CO , and/or acceptance of any offsite improvements the required five (5) foot minimum unobstructed sidewalk easement for public access adjacent to NE 4th Street, SE 2nd Avenue, and Ocean Avenue must be recorded and dedicated to the City. Also provide a written acknowledgement that all sidewalks located within the dedicated easements will be maintained by the developer and/or property owner. 2. A Developer’s Agreement will be required to ensure future and perpetual maintenance of street lighting used to illuminate public thnd right of way by developer. (Ocean Avenue, SE 4 Street, SE 2 Avenue, and Federal Highway). 3. Please provide decorative and removable bollards on Fire Department access area to prevent motorists from driving over the curb at entrance to plaza from surface parking. 4. Please provide an updated traffic study with current data from recent submittal. (i.e. – additional square footage of Retail and Office space). 5. Please clarify the proposed and required number of handicap parking spaces associated with commercial/retail on sheet A0.1. 6. Sheet A1.1 indicates a 10 foot high trellis at the leasing center handicap parking. Please increase trellis clearance to allow for van accessible handicap parking. 7. Please clarify location of unobstructed sidewalk easement at Plaza #3; i.e. – at grade landscape planters. 8. Section D-D on sheet C5.0 does not appear to match plans regarding location of property line. Please correct. nd 9. Proposed easement along SE 2 Avenue adjacent to ROW shall be extended to property line to include all improvements up to and including 5 feet of sidewalk. 10. Please depict location of 5’ sidewalk easement on all cross sections on sheet C5.0. 11. On sheet C4.0, the location of proposed fire hydrant is obstructed by text at Plaza #2. Please correct. 500 Ocean (NWSP 14-002) Conditions of Approval Page 2 of 9 DEPARTMENTSINCLUDEREJECT 12. On sheet A1.1, please clarify limits of raised covered terrace in between Retail #2 and Plaza #1. Plans do not clearly depict the clear pedestrian access along Ocean Avenue. 13. Proposed landscape planter would be located within 12 foot utility easement for 12 inch water main east of Retail #3 and Plaza #1. Please correct. 14. Based on the traffic study and peak hour traffic patterns the Developer is responsible for modifying the intersection of Ocean th Avenue and SE 4 Street from a four way stop condition to allow for free flow of traffic along Ocean Avenue to prevent vehicles from stacking at railroad crossing. 15. Please provide narrative with the intentions on how staging and storage will be handled during the construction process. 16. No TCO and/or CO will be issued until at least 50% of the retail space has received a Certificate of Completion as a vanilla shell box. 17. Please provide typical cross section for retail parking and typical ndth cross sections at property lines located on SE 2 Avenue, NE 4 Street, and Ocean Avenue. 18. Please provide a cross section detailing how drainage adjacent to buildings will be protected and access provided for future maintenance. 19. Please provide drainage easement for conveyance of storm water through drainage system located on private property. Also an agreement in a form acceptable to the City will be required to ensure developer’s future and perpetual maintenance/repair of relocated drainage system located on private property for conveyance of storm water. 20. Please provide written consent from all utility owners from the abandoned rights-of-way if the utility infrastructure is to remain. Please be sure to include language that allows buildings to be located on top of any utility infrastructure. 21. Please provide fire flow calculations demonstrating a minimum fire flow of 1,500 gpm at 20 psi. 22. The fee for water quantity will be calculated by multiplying the total square footage of impervious area for the site by $0.18/sf. Per the Code, this fee must be paid prior to the issuance of the building permit for new construction and/or redevelopment in the Downtown Watershed. 23. Capital facilities charge credits will be available for the pipelines that are oversized in accordance with the provisions of Chapter 26 of the City’s Code of Ordinances. 500 Ocean (NWSP 14-002) Conditions of Approval Page 3 of 9 DEPARTMENTSINCLUDEREJECT 24. There are a total of 48 existing trees on the site. The Landscape Architect should create a Tree Management Plan sheet depicting existing trees and whether they are to be preserved in place, relocated or removed. 25. The 29 existing Coconut Palm, 4 Royal Palms, 4 Foxtail Palms, 2 Washington Palms, 1 European Fan Palm and 1 Pygmy Date Palm should be relocated to green spaces on the site or coordinated with the City to be relocated offsite to a public property. The 2 existing Ligustrum trees, 2 Pink Tabebuia trees, 1 Black Olive tree, 1 Gumbo Limbo tree, and 1 Tropical Almond tree should be relocated to green spaces on the site or coordinated with the City to be relocated offsite to a public property. 26. Please indicate the total diameter inches of existing trees on the site to be removed and replaced (if applicable) on the site. The replacement trees should be shown by separate symbol on the formal landscape plan sheet. 27. There should be created a “Height and Spread” column showing the sizes of all of the shrubs and shrub areas plantings. Additionally, there should be a landscape notes & details sheet that includes a shrub and shrub areas planting detail indicating where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 28. As discussed during the previous DART meeting, staff expressed concern over tree roots creating future issues with the sidewalks and pavers. Staff continues to recommend the use of planting cells (i.e. Silva Cells) to allow for the planting of trees in tight spaces, while preserving the longevity of the infrastructure placed above and within close proximity of the trees. This will also assist in the health and longevity of the trees themselves. FIRE Comments: 29. All previous items addressed. POLICE Comments: 30. All previous items addressed. BUILDING DIVISION Comments: 500 Ocean (NWSP 14-002) Conditions of Approval Page 4 of 9 DEPARTMENTSINCLUDEREJECT 31. 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 not ensure that additional comments may not be generated by the commission and at permit review. 32. At time of permit review, please submit signed and sealed working drawings of the proposed construction. 33. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 34. At time of permit review, submit separate surveys of each lot, parcel, or tract. 35. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 36. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411-2741(Sean McDonald – 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard – 561-734-0872) 37. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 170 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7 and the provisions of 2010 FBC, Section 1609 (Wind Loads). 38. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application and shall comply with Chapter 9 of the FBC. 39. A minimum of 2% of the total parking spaces provided for the dwelling units covered under the FFHA shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 500 Ocean (NWSP 14-002) Conditions of Approval Page 5 of 9 DEPARTMENTSINCLUDEREJECT 40. Compliance with regulations specified in the FFHA, Design and Construction Requirements, Title 24 CFR, Part 100.205, is required. 41. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 42. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2010 FBC, Sections 110.3.7.1 through 110.3.7.6. The following information must be submitted at the time of permit application: A The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. B All shoring and re-shoring procedures, plans and details shall be submitted. C All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 43. All dwelling units in the building shall comply with the requirements of the Federal and Florida Fair Housing Acts. 44. On Sheet A-0.3, Detail #10, Site Plan Enlargement, please show the handicap accessible route from the handicap parking space to the front entrance at the porte cochere. 45. On Sheet A-1.1, the accessible route from the sidewalk on the east side of the main entrance to the residential building appears to contain a set of steps located by the accessible parking space. Please clarify. 46. Sheet A-0.3 and A-1.1, one handicap parking space is required for the retail structured parking, per 2010 FBC, Accessibility, Section 208.2 and Table 208.2. 47. A total of three accessible van parking spaces are required per the 2010 Florida Accessibility Code Section 208.2.4, 502.2. 48. Sheet A-1.1, passenger loading zones shall comply with Section 209 of the 2010 FBC, Accessibility. 49. Storage areas in the garage and the residential building shall be separated from adjacent spaces by fire rated construction, per Table 508.4 of the 2010 FBC. 50. Please submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2010 FBC, Table 705.8. 500 Ocean (NWSP 14-002) Conditions of Approval Page 6 of 9 DEPARTMENTSINCLUDEREJECT 51. Please show the building setback distances from the leading edge of the buildings to the centerline of each roadway. The required fire rating of all exterior walls shall comply with Table 602 of the 2010 FBC, based on fire separation distance. 52. The building wall on the north side of Plaza #1 shall be of 1 hour fire rated construction due to the setback dimension of 26’-2” and the type of construction, per the 2010 FBC Table 602. 53. Please provide the building setback dimension from the center line of Ocean Avenue to the face of the exterior wall of Retail #2. The exterior wall of Retail #2 may be required to be fire rated construction, in accordance with Table 602 of the 2010 FBC. 54. The exterior wall of the residential building on the southwest corner shall be of 1 hour fire rated construction due to the setback dimension of 29’-4” and the type of construction, per the 2010 FBC Table 602. 55. The exterior wall of the residential building on the south side shall be of 1 hour fire rated construction due to the setback dimension of 25’-8” and the type of construction, per the 2010 FBC Table 602. 56. The corridors in the residential area shall be fire rated per the 2010 FBC, Section 1018.1, Table 1018.1 and Section 709. 57. Sheet HS-6, the cabana and covered pavilion shall comply with the Federal and Florida Fair Housing Act. 58. All exterior amenities (fire pit, summer kitchen, corn hole lawn, pool, etc.) shall comply with the Federal and Florida Fair Housing Act. PARKS AND RECREATION Comments: 59. The Recreation Impact Fee for the project is $220,150, based upon 370 multi-family dwelling units multiplied by $595 per unit, and shall be paid at time of permit application. PLANNING AND ZONING Comments: 60. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk, including posting signs on the property. 500 Ocean (NWSP 14-002) Conditions of Approval Page 7 of 9 DEPARTMENTSINCLUDEREJECT 61. Please provide Podocarpus hedge landscaping along the FPL nd transformer box on SE 2 Avenue to screen it from the r-o-w, th similar to the planting scheme for the transformer along SE 4 Street. 62. At time of permitting, please provide a design detail of the benches and trash receptacles for staff review and approval. The design should coordinate with building design and materials. 63. A Sign Program will ultimately be required for all building signage prior to issuance of building permits. 64. The subject site is located along Palm Tran Bus Route 1. Staff recommends installation of an upgraded transit shelter, designed to match the architecture of the building, and located in the immediate vicinity of the ingress/egress driveon Federal Highway for the office/amenity portion of the building. Should Palm Tran provide a letter indicating their desire not to have a transit stop at your property, this requirement will be waived. 65. The developer will be required to comply with the City’s residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents, so that there is not a need for residents to utilize guest and retail parking spaces. This requirement shall be monitored and enforced by the developer. 66. Please know that on-street parking is supported by this Division, and that parking and any landscaping proposed in the Federal Highway right-of-way is subject to FDOT approval. 67. The proposed landscape planter in the sidewalk along Federal Highway and in front of Retail #3, should not bisect the sidewalk into two (2), four (4) foot wide segments. Please consider moving the trees westerly, close to the end wall caps between each set of stairs leading to the plaza, and placing tree grate around the base of each tree, to maximize the pedestrian pathway. 68. Please eliminate the landscaping proposed along the curb in front of Retail #2 and extending easterly to the plaza, in order to provide a wider pedestrian walk. The landscape plan depicts a second layer of landscape material along a majority of this distance, which makes the plantings along the curb unnecessary. 69. Please eliminate the foundation landscaping proposed along the storefront of Retail #1 and replace it with a large potted plant container on either side of each storefront entry, in order to provide a wider pedestrian walk and to remove any separation between the pedestrian and the storefront windows. 70. At time of permitting, ensure the light fixture detail indicate the use of a flat lens and not a sag lens. 500 Ocean (NWSP 14-002) Conditions of Approval Page 8 of 9 DEPARTMENTSINCLUDEREJECT 71. The Retail #3 building appears disproportionate and slightly out of scale with the balance of the buildings, as well as lacking some of the architectural enhancements. Staff recommends providing further enhancements to the roof of this structure, such as the placement of the aluminum picket railing and columns on the top of the parapet wall on the three (3) outward facing sides. 72. The redesign of the NE corner of the site does not appear to have established a “focal point” for the project, as indicated in the applicant’s responses to previous staff comments submitted with the revised drawings. Consider a more pronounced architectural design beginning at the base and extending along the facades up to the roof, with accentuated (i.e. raised and unique geometric shaped) roof design or features that attract attention and create identity. Staff continues to support the idea of possibly tying together the plaza art feature with the building elements. 73. The color elevations indicate “Accent Color B” as “Copper Wire” and the building elevations themselves appear to portray the color as three (3) different shades. It is unclear whether this is due to shadowing, the color printer, or is intentional and the other colors simply were not listed in the color schedule. As part of the review, staff actually prefers the slightly softer color depicted at the porte cochere. Our color wheel is slightly older, but we would suggest colors in the range of SW6353 “Chivalry Copper”, SW6360 “Folksy Gold”, or SW6361 “Autumnal”, which match up well with the color depicted for the porte cochere. COMMUNITY REDEVELOPMENT AGENCY Comments: 74. Existing overhead utility lines along the rights-of-way should be buried to improve the appearance of the development. 75. On the plan submittal cover sheet and elevation sheet there appears to be two different shades of accent color “B” shown either intentionally or unintentionally. Our preference would be the lighter of these shades as we feel the visual impact would less objectionable to the CRA Board but understand the architect’s intention for accent. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS 500 Ocean (NWSP 14-002) Conditions of Approval Page 9 of 9 DEPARTMENTSINCLUDEREJECT Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\500 Ocean\ NWSP 14-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 500 Ocean (NWSP 14-002) APPLICANT: Thomas Hayden, Morgan Boynton Beach LLC APPLICANT’S ADDRESS: 650 S. Northlake, Suite 450, Altamonte Springs, FL 32701 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 1, 2014 APPROVAL SOUGHT: New site plan approval for a mixed use project consisting of 341 dwelling units within five (5) and six (6)-story buildings, retail space, and associated recreational amenities and parking, zoned MU-H (Mixed Use High). LOCATION OF PROPERTY: 101 S. Federal Highway, SW corner of Federal Highway and Ocean Avenue. DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\500 Ocean\NWSP 14-002\DO.doc MINOR SITE PLAN MODIFICATION SUBMITTALS MAY 2014 DATE PROJECT ADDRESS SITE MODIFICATION 05 -13 -14 Las Palmas Park 660 Las Palmas Park entry gate installation for small cul -de -sac subdivision. 05 -13 -14 Leisureville Lake N Condos 1802 W. Ocean Drive back patio installations for condo units. 05 -13 -14 Auto Service Center 1106 SE 1st Street site modifications, including revised parking layout, additional paving, & landscaping. 05 -27 -14 Peninsula 2670/2674 N. Federal Hwy. fence installations at rear patio areas of townhouse units. 05 -27 -14 Sterling Village 500. S. Federal. Hwy. pavilion installation in recreation area. 05 -27 -14 City Mattress 1601 W. Boynton Beach Blvd. building /site modifications, including revisions to Phase II retail building and facades located on previously approved building pad next to TD Bank, parking layout and landscape modifications. • • MINOR SITE PLAN MODIFICATION SUBMITTALS APRIL 2014 DATE PROJECT ADDRESS SITE MODIFICATION 04 -02 -14 Learning Place Preschool 1400 SW 3 Street fence /gate installation 04 -02 -14 Regal Park Assisted Living 1708 NE 4 Street fence /gate installation 04 -03 -14 Boynton Lakes No. Clubhouse 100 Redford Drive paint modifications 04 -07 -14 Boynton Lakes No. Clubhouse 100 Redford Drive fence installation 04 -07 -14 Regal Park Assisted Living 1708 NE 4 Street facade modifications 04 -17 -14 iStorage 3008 S. Congress Avenue entry drive /gate 04 -22 -14 Public Storage 400 Industrial Avenue facades /signage modification 04 -22 -14 Public Storage 3400 Old Boynton Road facades / signage modification 04 -23 -14 Secret Garden Cafe 410 E. Boynton Beach Blvd. outdoor seating 04 -23 -14 Steak N Shake Restaurant 3000 Old Boynton Road murals 04 -23 -14 Gateway Center 706 W. Boynton Beach Blvd. fence installation 04 -23 -14 Anything Wet Pools 1550 SW 8 Street chlorine dispenser 04 -24 -14 Sunoco Gas Station 2403 S. Federal Hwy. building & site modifications 04 -24 -14 Cross Creek Centre 1301 W. Boynton Beach Blvd. facade modifications 04 -28 -14 Publix Distribution Center 5500 Park Ridge Blvd. generator installation 04 -29 -14 Imagine Charter School 3333 High Ridge Road site modifications 04- 29 -14. Vapor & Tobacco World 700 W. Boynton Beach Blvd. sign modifications 04 -30 -14 Waterside PUD 2900 Waterside Circle facade modifications 04 -30 -14 Burger King Restaurant 1490 SW 8 Street facades /signage modification 04 -30 -14 Brass Tap Restaurant 800 N. Congress Avenue outdoor seating