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Agenda 07-26-16CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE Tuesday, July 26, 2016 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes from May 24, 2016 meeting 5. Communications and Announcements: Report from Staff 6. Old Business: 7. New Business: A.1. 211 E. Ocean Avenue (MSPM 16 -005) — Approve request for Major Site Plan Modification approval to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi - Family Residential) zoning district, within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co. B.1. Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16 -001) — Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention /mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. City initiated. 8. Other 9. Comments by members — Discussion by Board of proposed training session from American Planning Assoc. 10. Adjournment The Board 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. Document6 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 24, 2016, AT 6:30 P.M. PRESENT: David Katz, Chair Ryan Wheeler, Vice Chair Brian Miller Trevor Rosecrans Stephen Palermo Kevin Fischer Nicholas Skarecki Floyd Zonenstein, Alternate (non- voting) Mike Rumpf, Planning & Zoning Director Ed Breese, Principal Planner Andrew Mack, Director of Development City Engineer Farah Nerette, Assistant City Attorney ABSENT: Jewyl Stevens, Alternate Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance. 2. Roll Call Roll was called and it was determined a quorum was present. Mr. Rumpf, Planning and Zoning Director, pointed out there is a text amendment (Item D.1) which pertains to site plan approvals on the agenda. The Board requested to keep Item D.1 in its original place. 3. Agenda Approval Motion made by Mr. Miller, seconded by Mr. Palermo, to approve the agenda as presented. In a voice vote, the motion passed unanimously (7 -0). 4. Approval of Minutes, April 26, 2016 meeting Motion made by Mr. Fischer, seconded by Mr. Palermo, to approve the minutes of the April 26, 2016, meeting as corrected. In a voice vote, the motion passed unanimously (7 -0). Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 The following corrections were noted: • p. 1, under those present: Mike Rumpf was not present, but Ed Breese, Principal Planner, was present • p. 1, under #5, "The Store-All" project should be "The Stor -All" • p. 3, under Item #8, 2 nd line, "Mr. Rumpf" should be "Mr. Breese" 5. Communications and Announcements: Report from Staff Mr. Rumpf said the following items from the May 17 City Commission agenda were approved: • Women's Circle Site Plan time extension • Conditional Use approval and major site plan modification approval for KLA Day Care • Request for Community Design plan appeal and site plan for Stor -All RV Boat storage project Mr. Rumpf advised that the City Manager requested an unofficial pin ceremony for the Board volunteers at the end of the meeting. 6. Old Business Chair Katz explained the nature of the proceedings. He announced that those wishing to testify for or against any item were asked to raise their right hand and be sworn in. A.1 601 S. Federal Mixed Use (LUAR 16 -002) — Approve Future Land Use Map amendment request from Local Retail Commercial (LRC) to Mixed Use (MX), and rezoning from C -3 (Community Commercial) to MU -1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical /professional office. Applicant: Mike Bertino, 601 SE 4 th Street LLC & 601 S. Federal LLC. Bradley Miller of Miller Land Planning, 508 E. Boynton Beach Boulevard, introduced the applicant Mike Bertino and his partner Mike Dubois, his attorney Ken Kaleel, Civil and Traffic Engineer Kyle Duncan, Jim Williams and Rudy Acevedo from the architectural firm, and Kurt Dubberly from Miller Land Planning. Mr. Miller asked and received approval to give his presentation on all four matters in sequence. Mr. Miller then began a PowerPoint presentation, covering the following items: • Location and history of property • Overview of the four requests • Land Use Map amendment • Corridor map for Federal Highway Corridor plan • Zoning changes — within the square footage and residential density E Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 maximums o Site Plan features • Community Design Appeal • They cannot build property line to property line as required by Code • Request 30 -foot setback to provide for plaza and entry feature • On southeastern side, request 19 -foot setback due to utility easement and bus shelter requirement, and covered parking for bikes and scooters • On southwest corner, have amenities such as cabana building, landscaping, and fencing • Height Exception • Apartment building is at 65 feet height, with a 5 -foot parapet (allowed by code) • A section in the middle goes up to 10 feet for architectural finish and screening of elevator shaft and mechanical equipment • Site Plan for multi - family units Jim Williams, AW Architects, 7700 Congress, Boca Raton, discussed the elevations, which focus on a Mediterranean design. Mr. (Bradley) Miller listed the sustainable and green methods they will use as part of the construction: • Cool roof with single -ply membrane roof • Low heat - island effect parking lot o Trees at maturity will provide 45% shade of parking area • LED lighting in public areas (ceiling lighting) • Energy -star appliances • Pool heater with heat pump for natural gas • Low flow toilets and showers • Electric car charging stations • Gray water landscape irrigation • Bus shelter • Cleanable walk -off mats at all building entrances Mr. (Bradley) Miller continued, addressing the four conditions of approval: 1. Engineering and Public Works — request for street lighting a. Change the wording to "that the developer will coordinate with the City and FPL for providing FPL street lighting on adjacent right -of -way along SE 4 and SE 5 Avenue as part of this project." 2. Engineering and Public Works — replacement of water main on Federal Highway a. It is a City of Boynton Beach water line — do not feel it is the developer's responsibility to replace 3. Fire Hydrants — new style a. They are fine with providing one new fire hydrant that is required, but do not want to replace the working hydrant already there 4. Planning and Zoning #15 —design standards for development in urban areas 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 a. They believe they meet criteria b. Architectural elements on apartment building along 4 Street i. Is an apartment, not condo — they want security for occupants c. #15B (Federal Highway side) i. Condition requests moving trees into right -of -way (would necessitate short trees) ii. Showed diagram of the landscaping iii. Landscaping up against building keeps it away from overhead power lines and breaks up facade of building iv. Shade and shelter are already provided Chair Katz then read the following agenda items into the record: A.2. 601 S. Federal Mixed Use (CDPA 16 -001) — Approve request for a Community Design Plan Appeal of Chapter 2, Article III, Section 5.C., "Build -to- line", which requires buildings to be constructed with a build -to -line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. A.3. 601 S. Federal Mixed Use (HTEX 16 -001) — Approve request for Height Exception to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4 th Street LLC & 601 S. Federal LLC. A. 4. 601 S. Federal Mixed Use (NWSP 16 -002) — Approve request for New Site Plan for 28 multifamily units (rental apartments) and 11,000 square feet of medical /professional office on a 1.2 -acre parcel located at the southwest corner of Federal Highway and SE 5 th Avenue in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4 th Street LLC & 601 S. Federal LLC. Chair Katz opened the floor to public comment on any one of the four items, A.1, A.2, A.3, and A.4. Tom McClure, 2004 S Federal Highway, applauded Mike Bertino for reaching out to him as a member of BIG (Boynton Inland Group) and Boynton Coalition for Responsible Development. Harry Woodworth, 685 NE 15 Place, representing Inland Cove Community Association (INCA), also thanked Mr. Bertino for reaching out to him. Mr. Woodworth wondered what was on the opposite side of the seven -story apartment building and if it would be compatible with that. He commented that he would like to have had earlier access to look at the materials so they could be better informed. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 Linda Cross, 65 Casa Loma Boulevard, Unit 601, wondered if a six -story apartment building would have been better than seven. She also asked what type of multi - family project it would be in terms of affordability. Hearing no further comments, Chair Katz closed the floor to public comment on the four items. Mr. (Bradley) Miller showed that Pence Park is to the west of the apartment building. He said the 28 units need to fit into seven stories, and it works from a market standpoint. The height exception is only five feet of the decorative feature, which they think improves the building's appearance and screens the elevator shaft. He stated that the apartments are intended to be market -rate units. Bradley Miller addressed the following matters in response to questions from the Board: surface parking, visibility of the decorative roof feature, use of the tandem parking spaces, fire hydrant locations, FDC locations, and the accessibility route from finished sidewalk to the floor of the plaza. Mr. Skarecki wondered about the volume of parking around the park and asked if City parking would be used for the project. Mr. Rumpf replied that there are pull -in parking spaces at the west side of the park, but not designated paved spaces. He said repeat violations would trigger discussion of using the tandem parking spaces. Other items discussed were the classification of SE 4 Street as a collector; landscaping plans for the island; EV charging station designation on the plan; seven stories versus six stories; shared parking between two buildings; possible parking issues in the future versus anticipation of walkability; parking not open to public within the development unless doing business in the office building; parking sticker /permit system; origin of grey water; 45 feet in height allowed in Community Commercial C3 zoning; and the current legal owner of property is 515 Marlin LLC. Chair Katz questioned staff's responses to the applicant's conditions. Mr. Rumpf stated they agree with the first condition (street lighting). Staff agreed that the utility departments would be responsible (second condition). Staff wants the developer to replace the old fire hydrant with the new one. Regarding 15A and B, Mr. Rumpf said that staff wants to put the landscaping further away from the building in order to prioritize pedestrians being able to be close to the building. He showed a slide of the implementation of shade and shelter requirements per Chapter 4 and addressed security issues. In response to a question about Condition #7, Andrew Mack, Director of Development, City Engineer, commented that the applicant would be responsible for replacing the pipe along their frontage on Federal Highway (151 feet). He added that an alternative source would be service on SE 4 Street, which would require 350 feet of pipe. Mr. Williams commented on the "shade and shelter," saying they increased the size of 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 the windows facing the fagade along Federal Highway. He said they do not favor awnings as they do not last long, and he felt they are not desirable over office buildings. He said the awnings would be 12.5 feet up from the sidewalk due to the height of the windows, and three feet wide, and would be useless. Additional items discussed were the relationship of sidewalk heights to flood zones, and appearance of replacement of landscaped island with parking. Assistant City Attorney Nerette, stated that the Conditions of Approval only relate to A4. Mr. Kaleel noted that the correct owner of the property is Hidden Brook Corp. Chair Katz re- opened the floor to public comment due to the volume of information given. Butch Buoni, 450 Horizons East, directly across the street from the project, stated he is the President of Sterling Village Association and is representing 840 people. He said he had spoken to Mr. Miller on the phone, but had no idea how complex the project was. Mr. Buoni reported they already have problems with vagrants and vandalism. He expressed concern about the safety of the park area at night, overcrowding, parking at Pence Park, and apartment dwellers preferring to park on the street. Mr. Buoni commented he would have liked to see the drawings ahead of time; he did not realize the building would be that high. The agenda was not on the City website as of noon yesterday. Mary Nagle, 2006 S Federal Highway, said she lives down the street in Seagate. She thought there was too much room devoted to parking. Ms. Nagle was upset by a staff comment about downplaying the landscaping. She said the building looks plain and thought the awnings would add to the interest. Hearing no further comments, Chair Katz closed to floor to public comment. Chair Katz stated that if they pass Item A.1, they would allow the building to go to 65 feet and possibly the additional five feet. The zoning would stay the same if there is no amendment request that is passed — they could only go to 45 feet. He said he would vote against that item because he believed the buildings are not a "matching pair," and he wanted to see the zoning remain C -3. Motion made by Mr. Palermo, seconded by Mr. (Brian) Miller, to approve LUAR 16 -002 (Item 6.A.1). In a roll call vote, the motion passed 4 -3, with Chair Katz, Mr. Skarecki, and Mr. Rosecrans opposed. Motion made by Vice Chair Wheeler, seconded by Mr. Rosecrans, to approve CDPA 16 -001 (Item 6.A.2). Chair Katz stated he would vote against this item also, to remain consistent. 0 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 In a roll call vote, the motion passed 5 -2, with Chair Katz and Mr. Skarecki opposed. Motion made by Mr. Fischer, seconded by Vice Chair Wheeler, to approve HTEX 16- 001 (Item 6.A.3). In a roll call vote, the motion passed 4 -3, with Chair Katz, Mr. Skarecki, and Mr. Rosecrans opposed. Motion made by Vice Chair Wheeler, seconded by Mr. Palermo, to approve NWSP 16- 002 (Item 6.A.4), with the change of the language for the engineering condition #1 and leaving #7, #9, #15A and B for discussion with the Commission. In a roll call vote, the motion passed 6 -1, with Chair Katz opposed. Chair Katz called for a short recess at 8:02 p.m. Chair Katz called the meeting back to order at 8:10 p.m. 7. New Business A.1. 480 E. Ocean Avenue (MSPM 16 -004) — Approve request for Major Site Plan Modification approval to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building and related site improvements, located at the southwest corner of Ocean Avenue and SE 4 Street, in the CBD (Central Business District) zoning district. Applicant: Jim Williams, A &W Architects. Jim Williams, A &W Architects, said the restaurant has a new owner and a new operator. They will be extending the front porch out, and enclosing it. The building will be glazed all the way around, and there will be windows that can open up in good weather. They do not want to change the character of the cottage. The parking lot will not be changed, and landscaping changes will be minimal. He described a new sidewalk. Most of the seating will be inside, whereas before, most was outside. Mr. Williams showed the elevations, noting they will be installing a seven -foot hood since they will be cooking onsite. The existing color of the cottage will not change. Mr. Williams said he did not have a Google map -type view of the property. They will expand towards SE 4 Street, not towards Ocean Avenue. The original sidewalk will stay the same. Regarding handicap parking, he said there is no room to add a second spot, and they have no intention of changing the existing parking. Mr. Breese, Principal Planner, stated they would have to eliminate two regular spaces in order to add another handicap space. Chair Katz then opened and closed the public hearing as there was no one wishing to speak on this item. It was noted that the applicant agrees with all conditions. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 Motion made by Mr. Rosecrans, seconded by Mr. Palermo, to approve 480 E. Ocean Avenue, Item 7.A.1, (MSPM 16 -004). In a voice vote, the motion passed unanimously (7 -0). B.1. Sale of Used Merchandise - Consignment Shops (CDRV 16 -001) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell used merchandise. City initiated. Mr. Rumpf presented the staff report, noting the change focuses on one aspect of used merchandise terms and definitions, consignment shops. He reported that a consignment shop in the area wished to locate in the City in a vacant bay, which is 20,000 square feet. He pointed out that consignment shops generally sell a higher quality merchandise than secondhand shops. Other cities commonly have regulations similar to the proposed amendments. Mr. Rumpf reviewed the current regulations, and summarized the proposed amendments, as presented in the staff report. He showed a matrix of uses in various zones. Mr. (Brian) Miller wondered why they would increase the number of such stores, citing the lack of support for one on the east side of Federal Highway. Mr. Rumpf replied that they do not want to base their regulations on factors that may influence a business, such as location, weakness in the business plan, etc. The business that wants to come in has been in business for 20 years. He did not anticipate a proliferation of the type of use. Upon further questions by Mr. (Brian) Miller, Mr. Rumpf stated they have not done a survey of retailers in the City to find out what type of impact that might have, but he pointed out there are distance separation requirements outlined in the amendment. Mr. (Brian) Miller did not see the justification for the change. Mr. Palermo wondered if the sprinkler system and other safety features would be increased with the larger size. Mr. Rumpf explained that the fire standards do not depend on the type of business, but on the building design, etc. Mr. Rumpf said they are reluctant to enforce distance requirements to antique stores, because they often cluster. Chair Katz wondered if the amendment would allow for an overpopulation of pawn shops, but Mr. Rumpf said the distance separation does not change applicable to pawn shops. Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 Chair Katz then opened and closed the public hearing as there was no one wishing to speak on this item. Motion made by Vice Chair Wheeler, seconded by Mr. Rosecrans, to approve Item B.1 Sale of Used Merchandise — Consignment Shops (CDRV 16 -001). In a voice vote, the motion passed (6 -1) with Mr. Miller opposed. C.1. Sale and Repair of Motor Vehicles and Boats (CDRV 16 -002) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C -3, C -4, PCD, M -1, and PID Zoning Districts. City initiated. Mr. Rumpf said that staff considers there to be multiple benefits of a Code review, including furthering economic development. The City itself is service industry- based, rather than industry- based. Since the City also has a marina, it should accommodate related services. Mr. Rumpf said that the main changes will affect auto repair and sales — where a repair shop ends up with a vehicle when the owner does not pay the bill. The shop would then be allowed to sell the vehicle. Mr. Rumpf described the existing regulations pertaining to the sale and repair of vehicles and then summarized the proposed changes. He commented that if a vehicle is for sale, it would have to be inside the shop or showroom, so the shops do not become dealerships. Mr. Rumpf reviewed the proposed regulations pertaining to the sale and repair of boats in various Zoning Districts, noting that large buildings such as the Sports Authority store, could be used for boat sales. He commented they are giving wider opportunities to boat sales /repairs since Boynton Beach is a waterfront community, but the visual impact will be controlled. Mr. Rumpf presented a use matrix for boats, and one for motor vehicles. In response to a question, Mr. Rumpf commented that the proposed amendments would not affect existing covenants between property owners and the City not to do repairs of vehicles or boats on property. Mr. Skarecki asked if some businesses would be required to add screening, and Mr. Rumpf answered in the affirmative. He noted that the M1 District has the most lenient screening requirements, so they are introducing it through this change. Chair Katz feared that the changes would encourage additional motor vehicle repair shops, citing pollution /run -off. Mr. Rumpf said it might encourage more business. He 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 stated, however, that building inspections are very sensitive to the pollution standards. Chair Katz did not want to approve an item that would expand auto repair, since they do tend to be messy and not well kept. Mr. Rumpf stated that auto repair would not be allowed on arterial roadways, Boynton Beach Boulevard, or US1. The ones that are there now were grandfathered in. The amendments were initiated by the Planning and Zoning Department receiving repeated contacts from repair shops wanting to sell one or two cars a year. It would allow a small niche sales component of existing or new auto repair shops, and expand provisions for water - dependent, water - related land uses — boat sales and boat repairs. Chair Katz opened the public hearing on the item. Michael Weiner, 10 SE 1 St Avenue, stated he was appearing on behalf of George Rodriguez, an owner of a warehouse that is over 10,000 square feet in the PID Zoning District, not on an arterial roadway. He said large, industrial development has not occurred in the area, and there are many vacancies in the area. Mr. Weiner said he is asking for indoor storage inside warehouses with appropriate signage, not demonstrating to the general public that they are a car dealer. They do not want any outdoor storage, balloons, etc. He credited the internet with a new approach to auto sales and said they want to use the warehouse space for these types of auto sales. He said it would not affect the aesthetics of the area, nor increase the usage beyond what the present parking categories require. Mr. Weiner emphasized the increase in e- commerce, and how they could put the industrial buildings back to use. He wanted to see acknowledgement that it would be a good idea for them to have PID occupied by people and tenants. Chair Katz verified that the Mr. Weiner's client had sold exotic vehicles in the past, and at this point, needs to store vehicles. Mr. Weiner said the client does not want to repair the vehicles, only store them. He added they have been waiting for the Code to be revised. Carol Mahoney, 737 SW 1 St Avenue, spoke about Stor -All. She felt it was a danger to the community. She wondered if the amendment would allow unregulated sales, including RVs and boat repairs at the Stor -All. Chair Katz responded that staff had said it is not a "work- around" to bypass that use of condition for the Stor -All project; they will not be able to do repairs or sales. A brief discussion ensued about the sign at the Stor -All facility, whether it was legal or not. Steven Grant (Mayor of Boynton Beach), 136 NE 3 Avenue, speaking as an attorney, stated he represented mechanics in the County. He said they are allowed to sell cars in their lots, and it is regulated by the Division of Corporations. All mechanics are regulated by the Department of Agriculture. He recognized the emergence of internet commerce as a viable business. Mr. Grant noted they need to recognize the 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 importance of the auto industry, and hoped perhaps a local facility would build electrical vehicles. Hearing no further comments, Chair Katz closed the public hearing. Chair Katz wondered what the effect would be if they approved only the PID zoning. Mr. Rumpf replied it would have very little effect. He added that Code Enforcement would be the enforcing entity. He felt the regulations would be easy to enforce because they are very straightforward. During the Conditional Use process, they will be inspecting older properties and bringing them up to Code. Mr. Skarecki wondered if Code Enforcement would enforce the new rules, and Mr. Rumpf replied affirmatively. In response to a question about comparisons with other cities, Mr. Rumpf stated that most cities allow dealerships in open -field settings (traditional vehicle sales). His research had shown a variety of situations. There could be special landscaping requirements, lot, and showroom space requirements. Mr. Palermo wondered if the new restrictions would encourage new business, and Mr. Rumpf replied they would be a benefit to those types of business. Motion made by Vice Chair Wheeler, seconded by Mr. Palermo, to approve Item C.1, Sale and Repair of Motor Vehicles and Boats (CDRV 16 -002). In a voice vote, the motion passed unanimously (7 -0). D.1. Sustainable Parking (Heat Island Effect) and On- Street Parking (CDRV 16 -003 ) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article V. Minimum Off - Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off - Street Parking to allow, in limited circumstances, for parking spaces on both sides of the street to count toward project parking requirements. City initiated. Mr. Rumpf stated that this amendment was initiated through the review of a project; it is the second opportunity to apply the Smart Growth initiative for sustainable parking regulations for the City, created in 2014 for a large rental project. The green space requirement of the standard was not equally applied throughout the City, paving the way for retrofitting the sustainable parking requirements for the urban setting. Mr. Rumpf reviewed the basis for the amendments: increasing the effectiveness of sustainable development regulations. They meet the objectives in place in the City's Green Building System. 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 Mr. Rumpf described his research on the "heat island effect," and reported other cities are using a targeted standard of 50% for coverage of the tree canopy, as opposed to a 45% mentioned earlier. Other elements include light colored roofs, maximizing tree type for coverage, lighter surfaces for parking areas, etc. The current provisions are less restrictive. Mr. Rumpf described the "heat- island" effect and reviewed the proposed amendments. Mr. Rumpf mentioned what other cities have done. Chair Katz then opened and closed the public hearing as there was no one wishing to speak on this item. Mr. Rosecrans wondered if there was a way to provide concessions that would increase the sustainability and green building initiatives in order to use public parking spaces (in reference to the 601 S Federal project). Mr. Rumpf said that was a possibility. Motion made by Mr. Palermo, seconded by Mr. Fischer, to approve Sustainable Parking (Heat Island Effect) and On- Street Parking (CDRV 16 -003). In a voice vote, the motion passed unanimously (7 -0). E.1 Storage Tanks, Silos & Hoppers (CDRV 16 -004) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article V. Supplemental Regulations, Section 3.T. Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro - brewery industry. City initiated. Mr. Rumpf showed pictures, illustrating how breweries have gone into different environments. It is a growing industry in Boynton Beach, and one such business has grown so much that it would benefit by purchasing bulk grain. The proposed regulations would add standards and limits to storage bins and silos. He said the silos would not be allowed in front or side corner setbacks, unless they were very short. Mr. Skarecki said that Palmdale has outdoor tanks, and wondered why the City would want to control these silos. Mr. Rumpf said those were for fuel distribution, and were probably a non - conforming use. He said the only regulations now pertaining to those were on the generators in the fuel tanks. The proposed regulations are not tailored to a tall (30 -40 foot) high tank. Mr. Palermo asked if the silos /tanks would be subject to regulations regarding hurricane force winds. Mr. Rumpf replied they would have to meet the same requirements that all permitted building structures do, such as wind loads, etc. He added that if the manufacturer does not come forward with the required specifications, they would have to provide engineered certification that the structure meets all the standards, including wind load. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 24, 2016 Chair Katz then opened and closed the public hearing as there was no one wishing to speak on this item. Motion made by Mr. Fischer, seconded by Mr. Skarecki, to approve Storage Tanks, Silos & Hoppers (CDRV 16 -004). In a voice vote, the motion passed unanimously (7 -0). 8. Other Vice Chair Wheeler requested a status update on the new FEMA flood maps. Mr. Mack responded that the City is on track. As soon as the appeal period expires, they will have six months, and then the maps will be adopted (codified). Chair Katz requested that staff put large attachments on a jump drive for the future. 9. Comments by members — Discussion by Board of proposed training session from American Planning Association Chair Katz mentioned there might be funding for two members to attend (normally a cost of $50 -$60), and Mr. Rumpf said the amount is an estimated cost. The tentative date is July 15. Vice Chair Wheeler volunteered to go if it worked with his schedule, and had no issue paying for it if more than two others go. Mr. Rosecrans, Mr. Fischer, Mr. Miller (Section 2 and 3), and Mr. Palermo also expressed interest in attending. Chair Katz asked staff to advise him of the budget. Mr. Rumpf distributed City pins to all members of the Board, as directed by the City Manager's office. 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 9:00 p.m. [Minutes prepared by J. Rubin, Prototype, Inc.] 13 NEW BUSINESS 7.A.1 211 E. Ocean Avenue (MSPM 16 -005) Major Site Plan Modification DEVELOP' E EPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-030 STAFF REPORT DATE July 1, 2016 PROJECT NAME/NO' 211 E. Ocean Avenue / MSPM 16-005 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner* Community Redevelopment Agency (CPA} / Ocean Avenue Pride, LLC (contract purchaser) Applicant: Tom Probes, Probes A Co. Agent: Jim Williams, AW Architects Location: 211 E. Ocean Avenue (see Exhibit "A" — Location Map) Existing Land Use: Local Retail Commercial (LRC) Proposed Zoning* No change proposed -- Y-roposed Use: Request for Major Site Plan Modification approval to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi- Family Residential) zoning district, within the Ocean Avenue Overlay Zone, W= North: Right-of-way for a 20 foot wide alley, then further north multi-family residential units with a High Density Residential (FICA) future land use classification, and zoned Multi-Family Residential (R3) within the Ocean Avenue Overlay Zone; Staff Report— 211 E. Ocean Avenue (MSPM 16 -005) Memorandum No PZ 16 -030 Page 2 Multi - Family Residential (R3) within the Ocean Avenue Overlay Zone; South: Right -of -way for East Ocean Avenue, then further south developed commercial property (Kenny's Market), with a Local Retail Commercial (LRC) future land use classification, and zoned Multi - Family Residential (R3) within the Ocean Avenue Overlay Zone; East: Right -of -way for NE 2 nd Street, then further east developed condominium parcel, with a Local Retail Commercial (LRC) future land use classification, and zoned Multi - Family Residential (R3) within the Ocean Avenue Overlay Zone; and West: Vacant parcel with a Local Retail Commercial (LRC) future land use classification, and zoned Multi - Family Residential (R3) within the Ocean Avenue Overlay Zone, and further west right -of -way for NE 1st Street. Site Details: The subject site is approximately 110 feet wide by 126 feet deep and contains the historically- designated Magnuson House, built in 1919. The property is located within the Ocean Avenue Overlay Zone, which is bounded on the east by the FEC Railroad, on the west by Seacrest Boulevard, on the south by SE 1 st Avenue and on the north by NE 15t Avenue. The purpose of the overlay zone is to provide a mix of selected commercial, residential, office and entertainment activities, with an emphasis on arts and cultural ventures that will encourage the adaptive re -use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian and historic scale of the area. BACKGROUND Proposal: The Community Redevelopment Agency (CRA) is the current owner of the property (former Magnuson House) and Ocean Avenue Pride, LLC is the contract purchaser, who is proposing the conversion of the historic house into a restaurant with 183 seats, including rear building additions and outside amenities. It should be noted that this project represents the implementation of the vision recommended by the Comprehensive Plan dating back to 1989, when Ocean Avenue was first prepared for the adaptive reuse of old residential buildings for local shops and restaurant uses governed by tailored regulations (i.e. an "overlay" district) to maximize compatibility between residential and commercial uses, and parking provisions allowing the use of public parking along the street and at the municipal campus. Concurrency: ANALYSIS Traffic: The project is located within the Boynton Beach Traffic Concurrency Exception Area (TCEA) and consists of the conversion of the historic house into a restaurant with 183 seats. Since the project is located with the concurrency exception area, the development proposal meets the requirements of the Countywide Traffic Performance Standards. The City will require an official letter of approval from Palm Beach County Traffic Division prior to issuance of any building permits. The Traffic Statement submitted by the applicant's consultant, Pinder Troutman Staff Report— 211 E. Ocean Avenue (MSPM 16 -005) Memorandum No PZ 16 -030 Page 3 Consulting Inc., indicates the project will generate 35 new AM Peak Hour trips and 32 PM Peak Hour trips daily. Required parking for the new restaurant will be located off -site, one block to the north, in the new CRA parking lot at the corner of NE 1 St Avenue and NE 1 St Street. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to 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. Solid Waste disposal capacity has been evidenced through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. 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. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. Vehicular Access: The site contains an existing circular driveway in front (south side) of the house. The circular driveway will be removed as part of the redevelopment of the site, a front porch will be re- established on the structure and outdoor dining will be placed between the structure and the street. Additionally, the easternmost curb cut on East Ocean Avenue will be demolished and reconstructed as a continuation of the paver sidewalk along the right -of -way. The westernmost curb cut will remain and a new paver driveway, typically 12 feet in width, will be constructed along the west side of the structure to provide access for deliveries and waste removal operations. As noted above, required parking for the new restaurant will be located off -site, one block to the north, in the new CRA parking lot at the corner of NE 1 st Avenue and NE 1st Street. Circulation: Vehicular circulation for deliveries and waste removal on -site would include a one - way southbound circulation pattern for the drive aisle on the west side of the structure, with access from the alley along NE 1S Street, easterly to the delivery and dumpster area at the northwest corner of the building, then exiting southerly to the curb cut on East Ocean Avenue. This will entail improvements in the alley by the applicant, "Do Not Enter" and "One Way" signage, a stop bar and directional arrow, to inform the motoring public. Again, as noted above, patron and employee parking for the restaurant will be located off -site, one block to the north, in the new CRA parking lot at the corner of NE 1st Avenue and NE 1st Street. A sign will be required along the property frontage indicating where the parking for the business is located. Pedestrian connectivity would be provided on site via paver connections to the East Ocean Avenue sidewalk at two (2) locations, and a continuous paver walk that accesses the building entries and amenities on the property. Additionally, the CRA created a pedestrian walk along the east side of the property within the landscaped right -of -way for NE 2 d Street that leads north to the CRA parking lot and designated parking for the business. Staff Report— 211 E. Ocean Avenue (MSPM 16 -005) Memorandum No PZ 16 -030 Page 4 Parking: Parking for patrons and employees will be accommodated at the CRA parking lot at the NE corner of NE 1st Avenue and NE 1st Street, as was envisioned when the CRA relocated the former Ruth Jones Cottage from the site and developed a public parking lot to serve anticipated new business establishments within the Ocean Avenue Overlay Zone, and created the walkway connection between the parking lot and East Ocean Avenue for ease of use by business patrons. The Ocean Avenue Overlay Zone was created to encourage the adaptive re -use of existing buildings and restoration of historic structures, and as such created reduced parking regulations to stimulate interest in the corridor. The applicant is proposing 183 seats associated with the restaurant use, with 76 seats indoors /covered and 107 outdoors /uncovered. Parking for restaurants is calculated at one (1) space per 2.5 seats, which in this instance would equal 74 parking spaces. However the overlay zone allows for a 50% reduction in required parking, revising the total required parking to 37 spaces. As noted above, satisfaction of the 37 parking spaces is being met through agreement with the CRA to utilize the CRA public parking lot, which is within the 500 foot distance allowed under the parking regulations. The CRA parking lot is designed with 58 parking spaces, so there are 21 parking spaces in excess of the code requirement for the intended use. This parking scenario is also consistent with the parking strategy considered when the overlay was established, given characteristics of the urban setting and evolution of redevelopment at such scale, and existence of parking resources on the street and at the nearby municipal campus. Landscaping: The Tree Survey (Sheet TS -1) indicates there are 27 existing trees on -site, and only one canopy tree, a Mango tree, and one palm tree, a diseased Coconut tree, are to be removed and mitigated. The remaining trees, mostly palms (Royal, Coconut, Triangle, Christmas, Sabal and Areca), will either remain in place or be relocated to places on the property outside the footprint of proposed improvements. Of the new landscape material, typical canopy trees proposed include Live Oak, Dahoon Holly and Cassia (a City signature tree), along with small tree specimen Spicy Jatropha. New palms to be added to the site include more Christmas, Coconut, and Sabal palms, as well as Winin palms. Typical shrub material proposed includes Red Tip and Horizontal Cocoplum, Green and Silver Buttonwood, Ligustrum, Podocarpus and Firebush. Irrigation will be required to conform to Florida Friendly — Waterwise principles and be from a non - potable water source. Staff is also recommending placement of a buffer wall on the east and north sides to assist with mitigation of noise between the incompatible uses (outdoor dining and activities versus residential units). The proposed landscaping, in conjunction with a solid wall, should help mitigate the sound, and ensure new uses of this nature are welcomed by existing and new residents within the overlay zone as good neighbors. Building and Site: The existing structure is a two -story wood frame house built in 1919, that is listed on the City register of Historic Properties. The applicant proposes to make changes to the building and site and filed for a Certificate of Appropriateness and appeared before the Historic Resources Preservation Board on July 11, 2016 to discuss the proposed modifications. The Board approved the application with conditions regarding the use of materials, such as: • All necessary repairs and patching to the historic structure must be Staff Report— 211 E. Ocean Avenue (MSPM 16 -005) Memorandum No PZ 16 -030 Page 5 undertaken using appropriate materials and methods. If any original windows on the historic structure are to be replaced, justification for their replacement must be provided. Specifications and drawings for the proposed new windows must be submitted for review. • Specifications for all new doors on the historic structure must be submitted for review. • Specifications and drawings for all new doors, windows, and movable glazed panels on the proposed additions must be provided for review. The applicant agreed with the conditions of approval and indicated a desire to retain the historic character of the building and property. Some of the modifications proposed include re- establishing a front porch, demolition of a rear building addition (added circa 1950's), proposed rear building addition for kitchen, restrooms, bar and cooler, addition of exterior stair on the west side, addition of a covered patio /outdoor dining area on the east side, addition of a freestanding trellised dining area on the east side, bocce ball court on the north side, addition of fire pits on the north and east sides, addition of light fixtures, and change of building paint colors (utilizing colors from the Benjamin Moore Historic Palette: Body — Shelburne Buff HC -28; Trim — Great Barrington Green HC -122; and Accent: Plymouth Brown HC -73). The portion of the existing structure to remain after demolition of the rear addition will be a first floor of 750 square feet and a second floor of 750 square feet. The first floor is proposed to be dining area with 34 seats and the second floor will be the office and storage area for the restaurant operation. A one -story, 1,266 square foot addition is proposed to connect to the rear of the first level and house the kitchen, restrooms and a portion of the bar. The remainder of the bar will be under a covered porch extended off the rear addition to the east, which will also provide table dining for 16. This open -air porch will have a standing seam metal roof, that will match that proposed on the re- established front porch. A trellis dining area is also proposed on the east side of the existing structure, immediately forward of the covered dining area. Additional outdoor seating is proposed on the new front porch (8 seats), on the paver area in front of the structure (28 seats) and at the two (2) fire pits (a total of 15 seats). A covered bicycle rack has been provided, as well as a waste receptacle near the front dining area. Design: The elevation drawings (Sheets A51 & A52) shows that the existing building would retain its appearance from the street, other than the re- establishment of the front porch discussed earlier and the addition of the new stair to the second floor on the west building fagade. The applicant has confirmed that the existing wood siding, trim, and gable vents will be retained, and any necessary repairs to the siding, trim, and vents would be undertaken using appropriate materials and methods. The drawings indicate that the roof of the existing historic structure is to remain. Any necessary repairs to the roof would be undertaken using appropriate materials and methods. The applicant notes that the original windows will be retained and appropriately repaired where possible. The applicant also proposes to remove the existing concrete block chimney. A recent inspection of the structure and discussions with a previous occupant suggest that the chimney is a later addition Staff Report— 211 E. Ocean Avenue (MSPM 16 -005) Memorandum No PZ 16 -030 Page 6 and not significant to the history of the property. As noted above, the applicant proposes to demolish the one -story addition to the rear of the historic structure, estimated to have been built in the 1950s. It's construction is of wood frame with wood siding and a shed roof and the condition is poor. Once removed, the applicant proposes to construct a 1,266 rear addition for the new kitchen, restrooms and a portion of the bar area, constructed of concrete block with a painted stucco finish and a standing seam metal mansard roof. A substantial portion of the east elevation will be comprised of movable glazed panels to open to the outdoor dining area. Mechanical equipment will be installed on the flat section of the addition's roof and will be screened from view by the sloping mansard roof. The proposed covered porch addition is one story in height and is designed to accommodate outdoor dining and bar area. It projects beyond the east elevation of the historic structure but is set back from the front elevation by approximately twenty feet. This addition will be visible from East Ocean Avenue, although it will be partially obscured by the proposed wood trellis and landscaping. As this addition is essentially a canopy (wood and metal seam roof construction), its impact on the historic structure will be less than that of a solid walled addition in this location. The proposed work complies with The Secretary of the Interior's Standards for Rehabilitation in that, the new additions, exterior alterations, and related new construction will not destroy historic materials that characterize the property. The new work will be differentiated from the old and be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. The new additions and adjacent or related new construction will be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Public Art: The applicant has indicated the proposed work is expected to cost $325,000, which would equate to an art expenditure of $2,275 under the Art in Public Places program guidelines. The applicant has not finalized how the expenditure will be utilized on site, but understands that any proposal is subject to the Arts Commission review and approval. Site Lighting: The applicant has proposed site lighting compatible with the scale of the project and area, and the historic nature of the building and site. In an effort to be compatible with the surrounding properties, the light fixtures will be mounted no higher than eight (8) feet, whether placed on poles or on the building, other than the wall mounted fixture on the west elevation at the 2n floor stair landing, which will be at 17 feet. The types of lighting fixtures include pole mounted, wall mounted, and bollard, with the bollard fixtures proposed at a 3.5 foot mounting height. The applicant has chosen lighting fixtures with a period look (Scirocco by Luminis) for all the pole lights and lantern style wall mount fixture with clear seed glass (Bridgewater by Phillips) for installation on the building. The pole light fixture is designed to mimic those existing fixtures within the Ocean Avenue streetscape improvements. The fixture color is proposed to be a dark bronze with dark bronze poles. The proposed lighting levels meet City code for foot - candle spot readings, and the lighting is designed to have no light spillage onto adjacent properties. Staff Report— 211 E. Ocean Avenue (MSPM 16 -005) Memorandum No PZ 16 -030 Page 7 Signage: Staff requested the applicant consider signage of appropriate scale and character for this property in particular, and other potential historic properties along Ocean Avenue. The applicant responded with an appropriately scaled 24 square foot wooden sign at 5 feet in height, painted to match the building, with 14 inch tall backlit lettering, designed to provide a soft glow on the wood background, surrounded by landscaping. The proposed sign would appear appropriate for the property and the overlay zone. Additionally, the applicant has agreed to relocate the grant- funded Heritage Trail sign from the front of the property to the right -of -way for NE 2n Street immediately to the east, where the CRA created the landscaped pedestrian connection to their public parking lot. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S: \Planning \SHARED \WP \PROJECTS \211 E. Ocean Avenue \MSPM 16- 005 \Staff Report.doc EXHIBIT A 50 100 150 200 Feet LOCATION MAP ... ... ... ... ... ... ... ... ... ... ... ... -------- — ---------------------------------------- --------------------- 7 ------ 7 ------------------------------ - r. 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Specification Sheet -------- — ------------------------------------------ SESCO Lightin DescriPtio- 8RM830-42-CWL-WW-360-UNV-*** 0 ProjecD 211 OCEAN BOYNTON It 16-2949 Notes: I ADVISE FINISH Example: GARDCO 2 W o!�tion '0 b� 7 �. nn ... . . .... ... drj:i a--c iieve lop louver LED bo"ards provide unifcrm 10 bolic vand resistwif e Rup uded a ,eed extF nd c—.-s I L,. oFF5 u r Uor I w ith ie w&a t s a nd ir ., assure year s Li i J u rabA tiry, Our adviirced ED T y opD " San ,T.rx SPRH U- !1,, 34 Tirp;t M LED LED Lighted Ptah. i Height Cmr V selecVox Coverage VQhaee r^,-,;sh ---------- — ---------------- PAR ---- — -------- --------- Cie ------- 3ExD 347' ----------- ELP 1 Vi Wo Wnee His BRE13T 4 sc ca, 1 180 ERP r k " y u ive 5°c-nzc Pa NP aRM8338 oc LA' !j pht 0,apft - ORM33G No'e'W'. SC c n—eh ba w LW ORM814 ORMS37 hl to- , ,,ih MOM £ 0 ^as( BRMS37B 2 W o!�tion '0 b� 7 �. nn ... . . .... ... drj:i a--c iieve lop louver LED bo"ards provide unifcrm 10 bolic vand resistwif e Rup uded a ,eed extF nd c—.-s I L,. oFF5 u r Uor I w ith ie w&a t s a nd ir ., assure year s Li i J u rabA tiry, Our adviirced ED T y opD " San ,T.rx SPRH U- !1,, 34 Tirp;t M EXHIBIT "C" Conditions of Approval Project Name: 211 E. Ocean Avenue File number: MSPM 16 -005 Reference: 3 rd review plans identified as a Maior Site Plan Modification with a June 24, 2016 _ Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Please remove existing eastern most concrete curb cut to property along Ocean Avenue and repair to match existing sidewalk. 2. Please provide a minimum turning radius of 55 ft. to approach dumpsters. Provide a minimum backing clearance of 60 ft. (measured from the front edge of the dumpster pad). 3. Please note all storm water runoff shall be retained on -site up to the 3 day 25 year storm event. Also all historical drainage patterns shall be accounted for in design of the drainage system. 4. The proposed one -way driveway along western property line shall be properly signed and marked with egress only to Ocean Avenue. 5. The applicant will be required to make necessary improvements to the existing alley to provide one -way access to site. 6. Please note there is currently an FPL guy wire preventing ingress from NE 1st Street via the existing right of way. Applicant will be required to relocate the FPL guy wire or obtain an access easement across adjacent property for location of existing ingress prior to permits being issued. 7. Please note any change in meter size will require payment of CAP fees, per Code of Ordinances, Chapter 26, Section 26 -34. FIRE Comments: 8. Please provide the nearest Fire Hydrant on the water and sewer plans within the required 200 feet per city ordinance. POLICE Comments: 9. All previous comments addressed. 211 E. Ocean Avenue (MSPM 16 -005) Conditions of Approval Paqe 2 of 3 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 10. All previous comments addressed. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 11. Please submit a copy of the Traffic Performance Concurrency approval letter or letter stating concurrency approval is not required from PBC Traffic Engineering. 12. Should the applicant propose any outdoor speakers, a Live Entertainment permit will be required, detailing the measures proposed to mitigate sound impact on surrounding neighbors. 13. On Sheet A11, please add decorative buffer walls to the north and east sides, in compliance with the Urban Landscape Buffer requirements of the code between incompatible uses. Wall should not encroach forward of the front covered porch, and the columns of the decorative wall should mimic the design and form of either the columns along the Ocean Avenue streetscape or columns of the front porch. 14. Per the City's Exterior Lighting Standards, the use of any bare bulb light fixtures on the proposed trellis or covered dining area shall be of low intensity and not draw more attention to the structures at night than during the day. COMMUNITY REDEVELOPMENT AGENCY Comments: 15. All previous comments addressed. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. 211 E. Ocean Avenue (MSPM 16 -005) Conditions of Approval Paqe 3 of 3 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \211 E. Ocean Avenue \MSPM 16- 005 \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 211 E. Ocean Avenue (MSPM 16 -005) AGENT: Jim Williams, AW Architects AGENT'S ADDRESS: 7700 Congress Avenue, Suite 1114, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 16, 2016 APPROVAL SOUGHT: Major Site Plan Modification approval to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi - Family Residential) zoning district, within the Ocean Avenue Overlay Zone. LOCATION OF PROPERTY: 211 E. 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 \211 E. Ocean Avenue \MSPM 16- 005 \DO.doc NEW BUSINESS 7.6.1 Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16 -001) Comprehensive Plan Text Amendment STAFF REPORT Im PROJECT NAME/NO: Comprehensive Plan's Coastal Management Element Text Amendments (CPT A 16-001) based on the Evaluation and Appraisal Review (EAR) PROCEDURE The proposed amendments must be transmitted within one year of the notifi cation date. Page 2 File Number CPTA 16 -001 Coastal Management Element updates per provisions of Section 163.3184 (4), F.S.. At the "proposed" phase, the process involves a public transmittal hearing held by a local planning agency —in Boynton Beach, the City Commission —and a subsequent transmittal of the amendments to the state planning agency (DEO) and other reviewing agencies as required. DEO receives all agency review comments and issues its Objection, Recommendation and Comments Report to the local government. The second (adoption) public hearing must be held within 180 days after receipt of that report, or the amendments are considered withdrawn. BACKGROUND/ INTRODUCTION On August 1, 2015, the City notified DEO that it would amend its Comprehensive Plan to reflect changes in state requirements as well as some changes in local conditions and the city's vision and priorities. (Since the adoption of 2008 EAR -based amendments, the City also adopted extensive amendments to the Future Land Use, Transportation, Housing, and Intergovernmental Coordination elements in 2014.) The proposed amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the main focus placed on the response to the new language required in that element ensuing enanctment of bill CS /CS /CS SB 1094 (2015 Session of the Florida Legislature). On July 1, 2015 section 163.3178(2)(f), F.S. was amended to require that the Coastal Management element includes: (0 A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component must: 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood- resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. Page 3 File Number CPTA 16 -001 Coastal Management Element updates Additionnaly, the proposed amendments include changes to the layout of the element and update the existing objectives and policies to account for completions and changes in City's programs. A Flood Hazard Map Series will be added to the CM Element Support Document. The secod public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. PROPOSED TEXT See Exhibit A for the proposed changes, and Exhibit B for the Flood Hazard Map Series. Except for the Coastal High Hazard Area map, which is already included in the existing map series for the Coastal Management Element, all others are new. The maps include: • MAP 1A: Storm Surge Categories for CM Area North • MAP 1 B: Storm Surge Categories for CM Area South • MAP 2: Coastal High Hazard Area • MAP 3: FEMA Special Flood Hazard Area (SFHA) • MAP 4: Historical Flood Insurance Claims • MAP 5A: Sea Level Rise Impact: Projected Inundation, • MAP 513: Sea Level Rise Impact: Projected Inundation, South ANOI YSIS 1 and 2 Feet, CM Area North 1 and 2 Feet, CM Area The new policies addressing the requirements listed above draw on several of the City's actions and programs, either recent or not yet incorporated into the CM Element. FLOOD MITIGATION PROGRAMS • Land Development Regulations: City Flood Prevention Code Included the Land Development Regulations is Article X. Flood Prevention Requirements (Chapter 4. Site Development Standards), also referred to as the City Flood Prevention Code. The purpose of this ordinance is to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: o Minimize unnecessary disruption of commerce, access and public service Page 4 File Number CPTA 16 -001 Coastal Management Element updates during times of flooding; • Require the use of appropriate construction practices in order to prevent or minimize future flood damage; • Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; • Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; • Minimize damage to public and private facilities and utilities; • Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; • Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and • Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. The City is in the process of reviewing and updating Article X. The goal of the update is make the requirements consistent with the 5 edition of the Florida Building Code, which now contains all the laws and rules that pertain to and govern the design and construction of buildings, including those in flood hazard areas. The update will be completed in 2017. • National Flood Insurance Program's Community Rating System (CRS) The City qualified for the CRS in 1991. CRS is a voluntary program that provides reductions to flood insurance premiums in communities willing to implement policies and programs that go beyond the minimum NFIP requirements. Local governments apply for a CRS classification and are given credit points that reflect the impact of their activities on the three goals of the CRS: (1) Reduce flood losses; (2) Facilitate accurate insurance; and (3) Promote the awareness of flood insurance. To obtain the necessary credit points to achieve lower CRS class ratings, they implement a broad range of programs aimed at addressing the three goals of the CRS program. There are eighteen activities by which communities can accumulate points toward their class ratings. Boynton Beach has achieved a respectable Class 7 rating, resulting in a 15% reduction in flood insurance premiums for residents that purchase flood insurance in Special FEMA- defined Flood Hazard Areas (SFHA), and a 5% premium reduction in non - SFHAs in the City. Boynton has recently gone through a recertification process, hoping to lower the rating (the results have not yet been anounced). The City has set as a goal the achievement of a Class 5, which would increase savings to 25 %. • Flood Mitigation Plan Page 5 File Number CPTA 16 -001 Coastal Management Element updates In July 2013 the City adopted a Flood Mitigation Plan. It was developed to qualify as a "floodplain management plan" under the CRS and also to meet requirements of the Flood Mitigation Assistance Planning Grant and the Disaster Mitigation Act of 2000. The plan enables the City to quickly respond to state and federal funding opportunities for flood mitigation - related projects. The plan defines, justifies, and prioritizes flood mitigation initiatives that have been formulated through a flood hazard analysis and vulnerability assessment process. It also contains an extensive Program for Public Information (PPI) —an outreach program to educate the community on matters pertaining to floodplain management. The Plan will be updated in 2018, with the progress reports compiled on an annual basis (the last one was completed in October of 2015). Climate Action Plan In 2010, the City identified climate change and its long -term effects as the defining challenge for the 21st century, projecting the direct impact that sea level rise would have on the City's water supply, the ability of stormwater drainage infrastructure to function properly and the livability of real estate along the ocean and Intracoastal Waterway. Committing to a strategic plan that would actively move the community toward sustainability was the approach that began in 2008 and ultimately became a reality when the City Commission adopted the City Boynton Beach Climate Action Plan (CAP) in October of 2010. Also in 2010, Monroe, Miami -Dade, Broward and Palm Beach counties signed the Southeast Florida Regional Climate Change Compact (Compact) supporting the development of a Regional Collaborative Climate Action Plan. In December 2012, the City Commission endorsed the Mayors' Climate Action Pledge, affirming support for the Compact and agreeing to consider integrating the Regional Climate Action Plan framework in whole or in part, into existing and future municipal sustainability action plans. Specific accomplishments of the Compact included the development of regionally - consistent methodologies for mapping sea -level rise impacts, assessing vulnerability, and understanding the sources of regional greenhouse gas emissions. Collectively, these provided the foundation for the Regional Climate Action Plan (RCAP). The Compact recommendations have been incorporated into the City of Boynton Beach Climate Action Plan (CAP 2.0), with the revisions adopted in December of 2015. With the adoption of the CAP 2.0, the City committed to initiating, by 2018, a study which would evaluate opportunities to establish the Adaptation Action Area(s) and related policies pursuant Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. Currently, the statutes maintain that the establishment of the Adaptation Page 6 File Number CPTA 16 -001 Coastal Management Element updates Action Areas is "the option of the local government." As the analysis of optimal locations for Adaptation Action designation is likely to incur significant costs, the City will rely —at least partly —on grants, potential partnership and regional efforts carried by Compact. • Local Mitigation Strategy Plan (LMS) The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard - specific mitigation options and for developing and executing sound, cost effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. Boynton Beach adopted the revised LMS in November of 2014 by resolution R14 -109 (the LMS is updated every five years). SUPPORT DATA Flood Hazard Map Series • The Coastal High Hazard Area (CHHA) Since the definition of the designation has not changed, neither has the boundary of CHHA in the City's coastal area. Please note that, out of about 73 acres of land with the CHHA designation, approximately 32 acres are mangrove areas under the City's conservation overlay, and an additional 21 acres are city parks /private recreation or green areas (some overgrown with mangroves).Therefore, some 73% of the CHHA area can be considered undevelopable land. The remaining 27% is developed; any redevelopment activities will be subject to limitations pursuant to Policies 7.6.5 to 7.6.9. • FEMA Map The FEMA's Special Flood Hazard Area map for the City (see the map series) is based on the 1982 data. New flood insurance maps for Palm Beach County remain on hold, with the Federal officials continuing to review appeals claiming that flood risks for many of properties in the county were overestimated. The appeals, by Palm Beach County, West Palm Beach and other cities, were based largely on revised land and water elevation estimates in a study completed by the South Florida Water Management District (Boynton Beach did not file the appeal). The new map will become effective within the first half of 2017; however, as compared to the 1982 map, no major changes are expected for the City. Within the CM area, FEMA Special Flood Hazard Area covers approximately 320 acres, with about 50 acres of City parks and green spaces. The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area (SFHA) on NFIP maps. Page 7 File Number CPTA 16 -001 Coastal Management Element updates The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, Al -30, AE, A99, AR, AR /A1 -30, AR/AE, AR /AO, AR /AH, AR/A, VO, V1 -30, VE, and V. The City's SFHA within the coastal area includes zones A5, A7 and V8. • Kin__ Tides During September and October 2015 king tide events (the highest tide events occurring as a factor of the alignment of and distance between the Earth, Sun and Moon), tide predictions along Florida southeast coast were exceeded by 8 -12 inches. Several areas in the City were affected with short term water ponding due to drainage system backflow and seawall breaching. The City is addressing the higher- than - normal king tides by extra elevation in all new projects and installation of back flow prevention valves on outlets. Addressing the issues through rebuilding of the existing public roads to raise elevation is very expensive; no current funding source exists. Sea Level Rise The source of the sea level rise maps and the underlying assumptions is the National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management and the October 2015 Unified Sea Level Rise Projection report, compiled by the Sea Level Rise Work Group of the Southeast Florida Regional Climate Change Compact (Compact). Compact considered three planning horizons: (1) short, by 2030; (2) medium, by 2060; and (3) long, by 2100. The Figure 1 below illustrates the projections: FIGURE 1 Figure 1: Unified Sea Level Rise Projection. These projections are referenced to mean sea level at the Key West tide gauge. The projection includes three global curves adapted for regional application: the median of the IPCC AR5 RCP8.5 scenario as the lowest boundary (blue dashed curve), the USACE High curve as the upper boundary for the short term Page 8 File Number CPTA 16 -001 Coastal Management Element updates for use until 2060 (solid blue line), and the NOAA High curve as the uppermost boundary for medium and long term use (orange solid curve). The incorporated table lists the projection values at years 2030, 2060 and 2100. The USACE Intermediate or NOAA Intermediate Low curve is displayed on the figure for reference (green dashed curve). This scenario would require significant reductions in greenhouse gas emissions in order to be plausible and does not reflect current emissions trends." For the sea level rise maps included in the Flood Hazard Map Series, a medium planning horizon is assumed; the two maps (for the northern and southern Coastal Management Area) show projected inundation at the 1 foot and 2 foot sea level rise. According to the report, medium and long term projections involve a significant range of variations due to uncertainty in future greenhouse gas emissions and their geophysical effects, the incomplete quantitative understanding of all geophysical processes affecting the rate of sea level rise in climate models and current limitations of climate models to predict the future. The NOAA's Office for Coastal Management allows for an online review of sea level through its Sea Level Rise Viewer. The Viewer's map also depicts levels of confidence. In this application, 80% is considered a high degree of confidence: some areas are correctly mapped as 'inundated' more than 8 out of 10 times while areas with a high degree of uncertainty represent locations that may be mapped correctly (either as inundated or dry) less than 8 out of 10 times. The Viewer's confidence map (not included in the attached map series) shows that the projected inundation impact of a 2- foot sea level rise in the Boynton Beach coastal area is associated with a high degree of uncertainly. RECOMMENDATION The proposed text amendments to the Coastal Management Element and the accompanying map series would be transmitted in continuation of the Evaluation and Appraisal Review process for the City's Comprehensive Plan. Therefore, staff recommends that: 1. The Planning and Development Board recommend approval of the proposed amendments, and 2. The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS S: \Planning \SHARED \WP \SPECPROJ \Comp Plan Text Amendments \CPTA 16 -001 EAR \Report CPTA 16- 001.docx City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies Goal 7 To develop and maintain the Coastal Management area in a manner which protects human life, limits public expenditures in areas subject to destruction by natural disasters while preserving beach, shoreline, marine, wildlife, and recreational resources. Objective 7.1 The City shall continue to enforce all applicable local, state, and federal coastal environmental regulations while providing for the development and redevelopment of vaean waterfront re Measurability: Number of special permits issued for waterfront residential development. Policy 7.1.1 The City shall continue to participate in and, where appropriate, locally enforce all existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Department of Environmental Protection, South Florida Water Management District, Palm Beach County Environmental Resource Management, -& and Palm Beach County Health Department. Policy 7.1.2 The City shall continue to regularly review and, where necessary, modify local development regulations to ensure that development projects utilize best management construction techniques for natural resource protection. Objective 7.2 The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental City of Boynton Beach 7 -1 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Resources Management, and other affected parties in meeting the requirements of the Florida Total maximum Daily Load Program for the Lake Worth Lagoon. Measurability: Actions initiated in order to meet the Florida TMDL requirements for the Lake Worth Lagoon. Policy 7.2.1 The City shall continue to implement the local water quality improvement program for the City's portion of the Intracoastal Waterway using current stormwater data. Policy 7.2.3 The City will continue to maintain a program of street sweeping roadways and parking areas that drain into the Intracoastal Waterway. Policy 7.2.4 The City, in cooperation with the South Florida Water Management District will continue to enforce the local building construction threshold criteria such that major modifications to existing uses conform to local and regional stormwater pre- treatment standards. Policy 7.2.5 The City shall continue to enforce the land development regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook -ups. Policy 7.2.6 The City shall continue to support the consolidated efforts of the Lake Worth Lagoon Management Plan and Committee and any efforts of Intergovernmental Plan Amendment Review Committee with regard to this important ecosystem. Policy 7.2.7 The City shall continue to seek support and funding from County, State, and Federal agencies relative to establishing a long -term water quality improvement program for Lake Worth Lagoon and the Intracoastal Waterway. Measfc-rabrl' ' . City of Boynton Beach 7 -2 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Objective 7.43 Subsequent to Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards to minimize the beach and dune impacts of man -made structures. Measurability: Amount of coastal dune system and beaches restored and protected. Policy 7.43.1 The City shall continue to coordinate with the Coastal Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. Policy 7.43.3 The City shall continue to provide resolutions to support and maintain areawide beach renourishment efforts, if determined to have no significant negative impact on reefs and other living marine resources. Policy 7.43.4 The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. ■ r P Objective 7.43 Subsequent to Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards to minimize the beach and dune impacts of man -made structures. Measurability: Amount of coastal dune system and beaches restored and protected. Policy 7.43.1 The City shall continue to coordinate with the Coastal Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. Policy 7.43.3 The City shall continue to provide resolutions to support and maintain areawide beach renourishment efforts, if determined to have no significant negative impact on reefs and other living marine resources. Policy 7.43.4 The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. City of Boynton Beach 7 -3 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 r City of Boynton Beach 7 -3 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 1 2 04ey 7.5.2 The City shall eenfintie to adopt and maintain pfEwedtifes stieh tha4 €ttufe— eapital shall be efiented to maintaining adopted Level of Ser-viee standafds fef planned uses or- to impr-e Pokey 7.8.3 The City shall afi „ demens#fate hur-Fieane sheltef spaee availability fef at least 20% of the pepulation inefease within the City of Boynton Beach 7 -4 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Objective 7.1-04 The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Measurability: Number of acres of liabitat protected. Policy 7.404.1 The City shall continue to discourage site clear - cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach 7 -5 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 "N01111. N"111 - mil Objective 7.1-04 The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Measurability: Number of acres of liabitat protected. Policy 7.404.1 The City shall continue to discourage site clear - cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach 7 -5 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 "N01111. N"111 Objective 7.1-04 The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Measurability: Number of acres of liabitat protected. Policy 7.404.1 The City shall continue to discourage site clear - cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach 7 -5 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Policy 7.404.2 The City shall continue to encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. Policy 7.404.3 The City shall continue to assist with the mitigation strategy programs of transplanting seedlings of red mangrove and marsh grass into the intertidal mangrove areas. Policy 7.484.4 The City shall continue to cooperate with the appropriate agencies on the installation of channel markers to protect sea grasses from prop dredging. Policy 7.484.5 The City shall continue to develop and support educational programs, enhancements, and proper maintenance of the Mangrove Nature Trail and Nature Center in the mangrove hammock adjacent to the eastern terminus of Boynton Beach Boulevard. Policy 7.484.6 The City shall continue to enforce the use of native vegetation species in meeting local landscaping requirements. Policy 7.484.7 The City shall continue to enforce the establishment of buffer areas adjacent to natural areas and mangrove sites, open space provisions, tree protection, storm drainage, and best management practices, and amend to comply with policies in this Element. Policy 7.484.8 The City shall continue to enforce the permitting and mitigation requirements of County, State, and Federal agencies in developing in natural, wetland, and mangrove areas. Policy 7.484.9 The City shall continue to support and cooperate in efforts to preserve and encourage turtle nesting along the City's beach area. Policy 7.404.10 The City shall continue to consider the specific and cumulative impacts of development or redevelopment on wetlands, estuaries, water quality, water quantity, wildlife habitats, living marine resources and beach and dune systems. Policy 7.484.11 The City shall abide by the 2007 Palm Beach County Manatee Protection Plan herein adopted by reference and shall support the County's efforts to protect manatees and their habitats. City of Boynton Beach 7 -6 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Objective 7.5 The City shall continue to searEhf seek opportunities to increase the ametin t number of water - dependent and water - related uses and strive to ensure public access to beach and waterfron areas. shoreline facilities by prioritizing shoreline uses with priority given to water dependent uses. Measurability: Increase in the number of water dependent and water related uses during the planning period. Policy 7.5.1 The City shall evaluate Land Development Regulations to ensure accommodation of and expand provisions for water - dependent and water - related uses to enhance its brand of a coastal community and to increase business and recreational opportunities for both residents and visitors. Policy 7.5.2 The City shall ensure that redevelopment projects on waterfront properties provide waterfront access to the eng eral public while encouraging developers to include waterfront uses and amenities fostering pedestrian traffic. Policy 7.44543 The City shall continue support, through resolutions, area -wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. Pokey 741.2 The City ShA eentiffqi4e to provide, contingent 44pen as;s;isA_;44_Ar_-e I support from Coianty and/of the Gomnnmianity Redevelopme a- -✓% ashu tt le sef ------ r------- of --- h-- - r- --- --• FOR WOMEN 111 r City of Boynton Beach 7 -7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Policy 7.445.64 The City and the Boynton Beach Community Redevelopment Agency shall continue to seek rp ovide funding for -,-and-4e maintenance and improvements, as needed to pr for the City's two existing public waterfronts: Boynton Harbor Marina and the Be Cb Harvey E. Oyer Jr. Park. The water fet= beating and fishing and impr ameni Policy 7.445.75 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The Q shall establish land develo xegulatiens Fegar-ding mar-i Policy 7.45.86 The City shall only allow for location of marinas, boat ramps and other water - dependent uses in a manner which protects seagrass and manatees. Upon the siting of such water - dependent uses, the City shall continue to implement adequate provisions to protect seagrass and manatees such as, but not limited to, minimizing dredging, marking navigation channels, supporting boat speed restrictions, speed zone enforcement, information and restrictive signage, and construction standards so as to not entrap manatees or damage seagrass. To further this goal, new marinas shall only be permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach County Manatee Protection Plan. Obiective 7.6 The Citv shall continue to assess the current and future risks to human life and property from floods and other natural hazards in the coastal areas and implement development and redevelopment strategies that reduce c»rh rick,_ Measurability: Map updates, vulnerability assessments Policy 7.6.1 The City shall maintain and update as needed all maps -- including FEMA flood zones and repetitive claim maps, storm surge/ Coastal High Hazard Area maps and sea level rise impact maps — identifing current and potential future areas subject to high flood hazard. City of Boynton Beach 7 -8 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Policv 7.6.2 The Citv shall continue to document and maintain maps of extreme high tides ( "king tides "), more frequent severe rainfall events and newly revealed areas at risk of flooding to efficiently target mitigation efforts. Policy 7.6.3 The City shall continue to provide flood relief and cleaning overations to lessen the resident's hardship after a maior rainstorm and document the City's after - the -storm efforts to evaluate and recommend implementation of minor improvements and projects to be included in the Capital Improvements Plan. Policv 7.6.4 The Citv shall continue to utilize the Future Land Use Map and the recommendations of the Community Redevelopment Area Consolidated Plan as the basis for development and redevelopment. The siting, design and construction of structures shall be consistent with regulations contained in the the 5th Edition of the Florida Building, Code and the City Flood Prevention Code as amended from time to time. Policy 7.6.5 The City shall manage its Planning, regulatory and utility services to steer future Population concentrations away from the Coastal High Hazard Areas (CHHA), which is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Policv 7.6.6 The Citv shall not atinrove anv increases in hotel /motel beds and residential densities in the Coastal High- Hazard Area that would increase evacuation times above the 16 hours level of service for out -of- county hurricane evacuation for a category 5 storm event as measured on the Saffir - Simpson scale as provided in Section 163.3148 (9) (a), F. S.. Policy 7.6.7 By 2017, the City shall amend Land Development Regulations to prohibit hospitals, congregate living facilities for persons with special needs, nursing homes, and the like from locating within Coastal High- Hazard Area and FEMA- defined Special Flood Hazard Area, and also encourage such existing facilities to relocate to safer locations within the City. Policy 7.6.8 Redevelopment of existing dwelling units located in the Coastal High- Hazard area is prohibited unless an engineering study supports that the redevelopment can occur in a safe manner when City of Boynton Beach 7 -9 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 considering building construction, design, siting and future storm events. Policy 7.6.9 The City shall limit Public expenditures in the Coastal High Hazard Area or flood -prone areas by restricting expansion/ improvement of the existing utilities except for improvements necessar to correct current deficiencies; (2 ) serve planned redevelopment pursuant to the CRA Community Redevelopment Plan; or (3) improve environmental quality. ^ Policy 7.6.10 The City shall require that any construction activites seaward of the coastal construction control lines established pursuant to Chapter 161.058, F.S. be consistent with the statutory provisions. Policy 7.6.11 The city shall continue to revise building codes and land development regulations to enhance flood mitigation measures in vulnerable areas to reduce future risks associated with high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. In these areas, the City shall require vulnerability reduction measures for all new construction, redevelopment and infrastructure such as additional hardening higher floor elevations or incorporation of natural infrastructure for increased resilience. Policy 7.6.12 The City shall consider, whenever feasible, purchasing properties in areas most vulnerable to destructive storm surges for recreational uses and open space. Policy 7.6.13 Rise in sea level projected by the federal government (National Oceanic and Atmospheric Administration) shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the potentially affected areas. Objective 7.7 The City shall continue to apply the best planning and engineering practices in development to attenuate and mitigate future flood events and modify the Land Development Regulations and other relevant re ug latory documents as needed. Measurability: Update of the Flood Prevention Code, number of new stormwater projects funded City of Boynton Beach 7 -10 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Policy 7.7.1 By the end of 2017, the City shall further update its 2010 floodplain ordinance (Flood Prevention Code) for consistency with the 5th edition of the Florida Building Code and also ensure that all future modifications of the flood- resistant construction requirements in the Flood Prevention Code continue to be consistent with, or more stringent than, requirements of the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. Policy 7.7.2 The City shall continue to upgrade its stormwater infrastructure through drainage improvements, installation of tidal backflow preventers, and seawall repair in addition to sustainable flood management actions such as installation of bioswales, recharge through drainage wells, use of pervious pavement, maintenance of natural preserves areas and protection of tidal beaches that will stand the test of time and be adaptable to future climate chances. Policy 7.7.3 The floodplain administrator /building official shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding. If a proposed development site is in a flood hazard area, all site development activities, (including _ rg ading, filling, utility installation and drainage modification), all new construction and substantial improvements shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the city Flood Prevention Code. Policy 7.7.4 The City shall continue to participate in the National Flood Insurance Program's Community Rating System (CRS) administered by the Federal Emergency Management Agency (FEMA) to reduce flood losses and achieve flood insurance premium discounts for their residents. Objective 7.68 The City shall continue to provide for the local implementation of the County Emergency Preparedness Plan with respect to residential notification, evacuation and City management techniques, with particular emphasis towards the City's multi- family and mobile home areas through an interlocal agreement, and to encourage public participation in the planning process. Measurability: Ongoing coordination with the Palm Beach County Division of Emergency Management. City of Boynton Beach 7 -11 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Policy 7.68.1 The City shall establish and maintain procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan- Policy 7.178.2 The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. d-efkienc-ies as i th u„ f ka Coastal Manage Element, every thiree— yeas, and 4 appropriate, initiate afnendments of the Regional Plan to Palm Beaek County Emer-gefley Management personnel. Policy 7.78.4 The City shall provide input to the County's informational program which identifies the location and magnitude of the coastal area population requiring assistance in evacuation. Policy 7. 8.4 The City shall continue to participate in the Palm Beach County Hazard Mitigation Working Group (HMWG) and to adopt the HMWG pertinent recommendations on hazard mitigation. Policy 7.8.5 The City shall participate in a long -term, count comprehensive shelter program coordinated with public, private, City of Boynton Beach 7 -12 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 - - - -: 111011.41 W-1111 =1 - -:- . Policy 7.178.2 The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. d-efkienc-ies as i th u„ f ka Coastal Manage Element, every thiree— yeas, and 4 appropriate, initiate afnendments of the Regional Plan to Palm Beaek County Emer-gefley Management personnel. Policy 7.78.4 The City shall provide input to the County's informational program which identifies the location and magnitude of the coastal area population requiring assistance in evacuation. Policy 7. 8.4 The City shall continue to participate in the Palm Beach County Hazard Mitigation Working Group (HMWG) and to adopt the HMWG pertinent recommendations on hazard mitigation. Policy 7.8.5 The City shall participate in a long -term, count comprehensive shelter program coordinated with public, private, City of Boynton Beach 7 -12 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 non - profit organizations to ensure adequate shelter space is available for the long -term needs of the City and the County. Objective 7.9 The City shall continue the implementation of its Climate Action Plan, revised in December 2015, which will include a study aimed at exploring options for establishment of Adavtation Action Area(s). Measurability: Adaptation Action Area Study funded and initiated by end of 2018. AA areas established by 2020. Policy 7.9.1 By the year 2018, the City shall intiate a study to evaluate options to establish Adaptation Action Area() pursuant to Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and that are vulnerable to rising sea level. The study will identify portions of the City where the need to improve resilience is the highest and Prioritize those areas for adaptation measures and funding of infrastructure improvements. The studv shall consider the areas that: 1. Are below, at, or near the average water level; 2. Have a hvdroloaical connection to coastal waters 3. Are designated as evacuation zones for storm surge 4. Are otherwise impacted by climate - related drainaee /flood control. Policy 7.9.2 The City shall collaborate/ coordinate with its partners from the Southeast Florida Regional Climate Change Compact on adaptation activities and access to technical assistance and sunnort. Policv 7.9.3 By the end of 2017. the Citv shall inteLrate its Climate Action Plan into elements of the Comprehensive Plan as appropriate. Po1_r; -rcy 7 . 1 Th City Shall __rtifltfe te titilize the Community R e d eN4e l,.,..,V en 4 Are Pl th FtA fe Tan Ma a n ,l f , the adepted redevelopment planning studies as basis for- a pest- E 1. City of Boynton Beach 7 -13 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 Measurability. NiiwbeF of 0 City of Boynton Beach 7 -14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 . ...... . . ........... - -- -- - - -- 1 111 -- - -- - - - - -- -- - -- - -- - ■ I ■ r r r - -- - - -- - -- - - - - - -- - -- --- -- r - -- - -- - - - - - - ------ - - - - Measurability. NiiwbeF of 0 City of Boynton Beach 7 -14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 . ...... . . ........... - -- -- - - -- 1 111 -- - -- - - - - -- -- - -- - -- - ■ I ■ r r W. WIN Measurability. NiiwbeF of 0 City of Boynton Beach 7 -14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 - -- -- - - -- 1 111 -- - -- - - - - -- -- - -- - -- - r - -- - -- - - - - - - ------ - - - - r Measurability. NiiwbeF of 0 City of Boynton Beach 7 -14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 12 6 1j Ey 7 The City shall implement by 2013, the post disasteir Fedevelopm r„i lk ser-v awi th post ai sas t ef „ea,,., ent. activities. City of Boynton Beach 7 -15 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08 -01 EAR Ordinance: 08 -007 EXHIBIT B FLOOD HAZARD MAP SERIES MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 1A: Storm Surge Categories Legend ®® ® ®® City Boundary 0 500 1,000 1,500 2,000 Feet MAP SERIES: FLOOD HAZARD Coastal Management Area South MAP 113: Storm Surge Categories Legend Storm Surge Zones ®® ® ®® City Boundary 0 620 1,240 1,860 2,480 Feet E7 SE E N T MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 2: Coastal Flood Hazard Areas Legend Coastal High Hazard Area (CHHA) ®® ® ®® City Boundary 0 n m 875 1,750 2,625 3,500 Feet MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 3: FEMA Special Flood Hazard Areas (SFHA) Legend SFHA FLOOD ZONES iK .. A5 A7 V8 ®® ®® City Boundary Source: FEMA 1982 Note: New FEMA maps awaiting approval O n m 0 875 1,750 2,625 3,500 Feet MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 4: Historical Flood Insurance Claims Legend Claims by Decade * 1970's (10) * 1980's (9) * 1990's (27) -- I 2000's (25) A 2010-2015 (14) Special Flood Hazard Areas (SFHA) 2MMM 0 1,000 2,000 3,000 4,000 Feet MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 5A: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot SLR at 2 feet ®® ®° City Boundary Source: NOAH Office for Coastal Management 0 500 1,000 1,500 2,000 Feet MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 513: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot SLR at 2 feet ®® ®° City Boundary Source: NOAH Office for Coastal Management 0 625 1,250 1,875 2,500 Feet MINOR SITE PLAN MODIFICATION SUBMITTALS MAY - JUNE 2016 DATE PROJECT ADDRESS SITE MODIFICATION 05-16-16 511-533 E. Ocean Avenue 511-533 E. Ocean Avenue Modification of building paint colors. 05-18-16 Home Depot 1500 SW 8th Street Modification of parking lot, curbing and striping. 05-26-16 Inlet Inn Motel 1900 N. Federal Highway Modification of building paint colors. 05-27-16 Rainbow Foods 1919 N. Seacrest Boulevard Addition of standby generator. 06-03-16 Chickpea Restaurant 970 N. Congress Avenue Addition of outdoor seating. 06-07-16 Meadows Square Day Care 4791 N. Congress Avenue Modification of building and site signage. 06-07-16 Meadows Square Plaza 4701 N. Congress Avenue Modification of building facades for major tenant entrances and corners of the plaza. 06-15-16 Copperpoint Brewery 151 Commerce Road Modification of building facades, addition of signage and awnings. 06-20-16 FPL Substation in Quantum 1525 High Ridge Road Expansion of substation equipment Park and landscaping improvements. 06-21-16 Hunters Run 12B Stratford Drive Addition of handicap lift. 06-22-16 Sterling Records Phase 2b 1200 SW 35th Avenue J Modification of building floor area, paint colors and landscaping. 06-23-16 CSN Medical Office 505 SE 6th Avenue Modification of facades from a multi- tenant building to a single tenant and parking lot modifications.