601 S Federal (CDPA 16-001)DEVELOPMENT ORDER OF THE CITY COMMISSiON OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME
APPLICANT:
APPLICANT'S ADDRESS
601 S. Federal Mixed Use (CDPA 16 -001)
Michael Bertino, 601 S. Federal LLC & 601 SE 4 th Street LLC
PO Box 945, Boynton Beach, FL 33425
Development
P&z
Bull 'Ing
Engineering
Occ. License
Deputy City Clerk
I -
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016
APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 2, Article III,
Section 5.C., "Build -to- line ", which requires buildings be constructed with a
build -to -line of 0 to 10 feet, for three (3) locations on the site.
LOCATION OF PROPERTY: 601 S. Federal Highway
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:
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
CHAS
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 Applica is request is hereby
RANTED 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: 7 l
City Clerk
S: \Planning \SHARED \WP \PROJECTS \601 S. Federal Mixed Use \CDPA 16- 01 \D0.doc
EXHIBIT A
SITE LOCATION MAP
601 S. Federal Highway
A
0 15 30 60 90 120
EXHIBIT "D"
CONDITIONS OF APPROVAL
Project Name: 601 S. Federal Mixed Use
File number: CDPA 16 -001
Reference: 2nd review plans identified as a New Site Plan with a March 15, 2016 Planning and
Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None.
X
FIRE
Comments: None.
X
POLICE
Comments: None.
X
BUILDING DIVISION
Comments: None.
X
PARKS AND RECREATION
Comments: None.
X
PLANNING AND ZONING
Comments:
1. Approval is subject to approval of the concurrent applications for
Land Use & Rezoning and New Site Plan.
X
COMMUNITY REDEVELOPMENT AGENCY
P comments: None.
X
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None.
X
601 S. Federal Mixed Use (CDPA 16 -001)
Conditions of Approval
Paoe 2 of 2
DEPARTMENTS
INCLUDE
I REJECT
CITY COMMISSION CONDITIONS
Comments: To be determined.
S: \Planning \SHARED \WP \PROJECTS \601 S. Federal Mixed Use \CDPA 16- 001 \COA after P&D.doc
Eli
Ll VAA MILLER
LAND
PLANNING, INC.
601 S. FEDERAL HIGHWAY
IE
508 E, Boynton Beach Boulevard
Boynton Beach, FL 33435
Phone ■ (561)736.8838
Fax ■ (561)736.8079
Email ■ mlllerlandplanning.com
Original: March 15, 2016
Appeal to Community Design Standard
Justification Statement
This application requests approval of a community design appeal for specific build to line
requirements found in Chapter 3, Article III, for the proposed 601 S. Federal mixed use project,
Code Section 11 requires that buildings be constructed along the roadway frontages with a
build to line of 0 to 10 feet. However, as described below, there are three locations in this
project that requires the building to be located outside of the build to line and accordingly are
the subject of this appeal.
Building B I North Facade - Building B is setback 29.7 feet from the north property line.
Within this area there is a loading zone along SE 5Th Avenue as well as a public plaza area
that provides a transition from the hard corner of Federal Highway and SE 5Th Avenue to
the building main entrance from the plaza. Given the property grades in this area, the
plaza area will also incorporate a ramp system for handicap accessibility, signage for the
project, benches and landscape areas which are requirements form other provisions of
the code. There is also site clear zones at this intersection that are required by both the
City and FDOT so visibility is not restricted for vehicles traveling from SE 51h Avenue to
Federal Highway. If the building were located to comply with the maximum 10 foot
build to line, it would encroach the site clear zones, creating an unsafe condition, plus
this area can be used for the other improvements within the plaza area. Accordingly,
we request the appeal approval for this area on the north facade of Building B.
Building B I South Facade - Building B is setback 18.7 feet from the south property line
at its nearest point. Within this area, there is a 7 foot wide utility easement and a 12 foot
wide bus shelter, The bus shelter cannot interfere with the water and sewer lines located
in the utility easement, therefore this is the closest the Building B can be located from the
south property line. Although the primarily building is not within the build to line, the bus
shelter does meet this requirement and will be constructed in a consistent architectural
theme as the main building, providing for the street scope and intent of the build to line.
Accordingly, we request the appeal approval for this area on the south facade of
Building B,
Building C I South Facade - Building C is a multi use building to support the residential
building and pool and it is located 14.8' from the south property line. Building C was
originally a larger building and located within the build to line, however to address staff
comments regarding existing trees in this area of the site and adjoining site, the building
was reduced in size to allow the trees to remain. There will be a fence and landscape to
extend from Building C to the south property line that will continue the street scope
LJ
•
601 S, Federal Highway 2
Appeal to Community Design Standard
March 15, 2016
intended by this code section. Accordingly, we request the appeal approval for this
area on the south facade of Building C.
Article X, Section B.1,3 of the Code states that In granting relief to any community design
standard of Chapter 4, the City Commission must find that the subject appeal meets the intent
of the affected standard, does not diminish its practical application, and that an acceptable
development product and /or design will result. The following provides the review criteria and
response justify this application for appeal.
a. Whether the proposed request will demonstrate consistency with the
Comprehensive Plan.
The proposed project and community design appeal continues to be consistent with the
intent of the Comprehensive Plan by providing other amenities along the roadway
frontage that compliment the primary buildings.
b. Whether the proposed request will not significantly detract from the livability or
appearance of the city and will be consistent with the established or desired
character of the area, or with the redevelopment plan, where applicable.
The design of the buildings and the appeal will be an enhancement to the livability and
appearance of this property and provide a high quality office and residential project.
C. On balance, whether the proposed request will be consistent with the purpose of
the standard for which a deviation is requested. Granting the request will equally
or better meet the purpose of the standard to be appealed.
A description of each of the deviations requested is provided above and how they
cannot meet the code section that is being appealed.
d. Whether the proposed request is intended to save or preserve existing trees or
desired flora.
(1) Whether the applicant is unable to design or locate proposed buildings,
structures, or improvements and preserve the tree(s) and comply with all
provisions of these community design standards without causing the
applicant undue hardship; and
(2) Whether it is not feasible to transplant the trees to another location on the
subject site considering the following: 1) shape and dimensions of the real
property; 2) location of existing structures and infrastructure
improvements; and 3) size, age, health, and species of trees sought to be
protected.
Building C was reduced in size and located outside of the build to line to accommodate
existing trees pursuant to meetings with the City Landscape Inspector and an arborist.
e. Whether the proposed request will have adverse environmental impacts that
cannot be prevented by the imposition of conditions.
E-0
601 S. Federal Highway
Appeal to Community Design Standard
March 15, 2016
There will not be any averse environmental impacts created by the proposed deviations,
In fact, for Building C, the purpose is to better accommodate for landscape.
f. Whether the proposed request will have an adverse impact on property values of
abutting or adjacent land.
There will be no adverse impact on abutting or adjacent lands. Building B is located in
line with the approved assisted living facility building to the south and will continue the
street scope for this section of the roadway frontage. Buildings A and C will be the first of
these buildings to be located and start a street scope along SE 4Th Street. The
development of this property is likely to enhance the values of properties in the area,
g. Whether the proposed request will seriously reduce the quality or quantity of light
and air available to adjacent properties.
This project is bounded by roads to the east, north and south and the buildings located
on the site are separated to allow for light and air on site as well as adjacent properties.
The deviation for the south side of Building B will actually provide separation, thus light
and air, from the assisted living facility building to the south.
h. Whether the proposed request is necessary to further the objectives of the city to
assist with economic development and business promotion.
This project furthers the objectives of the Federal Highway Corridor Plan for mixed uses to
be developed along the Federal Highway corridor. Approval of he proposed appeal
will allow for the development of an office building with employment opportunities and a
residential building for more housing opportunities. The two uses will hopefully share in
employment opportunities of the businesses with potential employees within the
residential building.
Whether the proposed request meets the purpose and intent of these regulations
but conflicts with another site development standard or requirement, including
sustainable development and green initiatives.
The proposed appeal for both the north and south facades of Building B are necessary due to
conflicts of other development requirements as described in the summary above, The proposed
appeal for the south facade of Building C is necessary to support the potential of saving existing
trees.
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