Agenda 02-28-17
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, February 28, 2017 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 December 27, 2016 meeting
5. Communications and Announcements: Report from Staff
6. Old Business:
7. New Business:
A.1. Ocean One (REZN 16-001) – Approve Ocean One rezoning from Central Business
District (CBD) to Mixed Use High Intensity (MU-H) District with a proposed two-phase
master plan for a total of 358 multi-family rental units, 12,075 square feet of
commercial retail space and a 120-room hotel. Applicant: Davis Camalier / Ocean One
Boynton, LLC.
A.2. Ocean One (ABAN 17-001)– Approve request for abandonment of a portion of right-
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of-way of Boynton Beach Boulevard east of Federal Highway, and NE 6 Court
between Boynton Beach Boulevard and Ocean Avenue, in conjunction with request for
new site plan approval of Ocean One mixed use project. Applicant: Davis Camalier /
Ocean One Boynton, LLC.
A.3. Ocean One (CDPA 17-001 & 17-002) – Approve requests for a Community Design
Appeal of 1) Chapter 3, Article III, Section 5.C., “Build-to-line”, which requires buildings
to be constructed with a build-to-line of 0 to 15 feet, to allow a setback of approximately
19 feet; and 2) Chapter 4, Article III, Section 6.F., “Off-Street Parking Area Standards”,
which requires facades of parking garages that front on an arterial or collector
roadway to be wrapped with habitable space. Applicant: Davis Camalier / Ocean One
Boynton, LLC.
A.4. Ocean One (NWSP 16-002)– Approve request for a New Site Plan for multi-family
residential (rental apartments) consisting of 231 dwelling units within an eight (8)-story
building, retail space, and associated recreational amenities and parking on 1.93 acres.
Applicant: Davis Camalier / Ocean One Boynton, LLC.
8. Other
9. Comments by members
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.
Planning and Development Board Meeting Agenda Page 2
February 28, 2017
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.
NEW BUSINESS
7.A.1
Ocean One
(REZN 16-001)
Rezoning
Page 2
Ocean One
REZN 16-001
Adjacent Uses:
North: Right-of way for NE 2nd Avenue (eastward extension of Boynton Beach Blvd), and
farther north Casa Costa condominiums/mixed use project, classified Mixed Use
Core (MXC) future land use and zoned Mixed Use High Intensity (MU-H); to the
northeast, a City-owned property (drainage pond/park) classified Mixed Use Core
(MXC) future land use and zoned Central Business District (CBD);
South: Right-of-way for Ocean Avenue, and farther south the Ocean Plaza developed
commercial property classified Mixed Use (MX) future land use and zoned Central
Business District (CBD);
East:First Financial Plaza office commercial condominiums, classified Mixed Use Core
(MXC) and zoned Central Business District (CBD); further east, the mixed use
project Boynton Beach Marina Village classified Mixed Use Core (MXC) and zoned
Mixed Use High (MU-H).
West: Right-of-way for Federal Highway, and farther west, developed commercial
properties designated Mixed Use (MX) land use and zoned CBD Central Business
District.
BACKGROUND
The 3.63 acre property, currently vacant, consists of two parcels. The smaller, 0.47 acre
parcel on the northern side of the property is presently owned by the Community
Redevelopment Agency.
The applicant proposes to develop the property in two phases: phase I, to include 231
multifamily apartment units and 6,175 feet of retail space, and phase II, with 127
multifamily units, 3,500 square feet of retail space and a 120-room hotel. (A site plan for
phase I is being processed concurrently.)
The property has been classified Mix Use Core (MXC) since 2002. It was included in the
City-initiated Future Land Use amendment that reclassified 19.4 acres of land in the
downtown from Mixed Use (MX) to MXC. The action represented the ongoing
implementation of the 2001 Federal Highway Corridor Community Redevelopment Plan,
which divided the corridor into five planning areas and recommended the most intensive
land use category for Planning Area III, the Central Business District (CBD)-zoned
downtown. The intended zoning for MXC-classified properties was Mixed Use-High
(MX-H), to be requested by a developer and reviewed concurrently with the application
for a master plan or a site plan. Three projects have since availed themselves of the
MX-H zoning district: Marina Village, Casa Costa and 500 Ocean, with the latter being
currently under constuction.
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Ocean One
REZN 16-001
The subject property (together with the adjoining First Financial Plaza) was already the
subject of an application for a MX-H zoning once, in 2006. The proposed project,
consisting of a hotel, multi-family residential and commercial uses, was withdrawn, likely
because of the already looming housing market collapse.
The property is under three transportation-related designations: the Downtown Transit-
Oriented Development (DTOD) District, Transportation Concurrency Exception Area
(TCEA) and Coastal Residential Exception. The DTOD district covers a ½ mile radius
around the station (to be located just south of Boynton Beach Boulevard) of the planned
Tri-Rail Coastal Link commuter service on the FEC Rail line; the district’s regulations
support increased intensity of development through a 25% density bonus. The TCEA, in
addition to the Coastal Residential Exception applicable east of I-95, exempts all
projects within a predetermined threshold from Palm Beach County traffic concurrency
thus allowing denser development in the eastern, redeveloping areas of the county.
Since the maximum density for the MX-H zoning district is 80 du/acre, the DTOD
density bonus would allow the project to reach a total density of 100 du/acre.
REVIEW BASED ON CRITERIA
The following criteria used to review Comprehensive Plan Map amendments and
rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section
2.B and Section 2.D.3:
a. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
need for the proposed land use amendment and rezoning must be provided within
the application.
The subject request reflects an ongoing high demand for rental apartments. According
to the Marcus & Millichap’s multifamily market report for the second quarter of 2016,
the vacancy rate in Palm Beach County reached 4.0%, the lowest level of empty
apartments since 2005. The rental market will be upheld by “stable employment in
service-related positions supporting a large base of retirees,” and gains in office jobs
commonly held by young professionals, with the latter group contributing to absorbtion
of luxury rentals. According to the company’s research, over the last 12 months the
Boynton Beach/Delray submarket posted outsize rent growth of 8%, bringing the
average rent to $1,530. The company’s fourth quarter report notes that developers have
been adding a large number of new apartments, and that, in the short term, new
construction will produce increases in the vacancy rate; however “rent growth will not be
affected to a great degree, supporting the seventh consecutive year of increases”.
Aside from the market consideration, the need for the requested reclassification and
rezoning of the subject site is closely aligned with the City’s long standing vision and
desire to expand housing in and around the downtown to foster pedestrian activity
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Ocean One
REZN 16-001
needed for creation of a vibrant city center. The City has supported this vision by
allowing the highest residential densities in the area; more so in recent years, as the
plan for a new Tri-Rail commuter service with a downtown station provided a
heightened rationale for intensification of future redevelopment in proximate locations.
The increased development intensity and related regulations for the Downtown Transit-
Oriented Development (DTOD) District, established in 2014, are consistent with
recommendations of the Florida Department of Transportation (FDOT). However, the
FDOT model for the Boynton Beach DTOD District is a Community Center station with
stipulated densities between 11 and 16 dwelling units per acre, much higher than 7.0
dwelling units per acre, the current gross density within the District.
b. Consistency. Whether the proposedFuture Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
Consistency with the Comprehensive Plan and Redevelopment Plan
The proposed zoning district (MU-H) ia consistent with the recommendation of the
recently approved 2016 CRA Community Redevelopment Plan (the plan upheld the
recommendation of the 2006 update of the Federal Highway Corridor Community
Redevelopment Plan for the area).
The proposed future land use amendment and rezoning are also consistent with several
applicable policies of the Comprehensive Plan, such as:
Policy 1.18.1 The City shall implement the Transit-Oriented Development (TOD)
approach, as described in the 2012 Florida Department of
Transportation’s TOD Guidebook, to manage future growth within a ½
mile radius around the intersection of Ocean Avenue and the Florida
East Coast rail corridor, which is the anticipated location of the
Downtown Boynton Beach Station for the planned commuter Tri-Rail
Coastal Link service on the FEC Corridor. This area will be referred as
the Downtown TOD District hereforth. The inner ¼-mile core of this
District shall be designed to accommodate the greatest density and
intensity of development.
Policy 1.18.2 The City shall aim to transform the Downtown TOD District area into an
active, mixed-use, pedestrian-friendly activity zone, supporting new
housing to increase potential ridership, intensifying land development
activity, and adding amenities and destination uses for future transit
riders. The City shall strive to achieve this goal through facilitating
compact, high density and intensity development of a varied mix of land
uses.
Note that the subject property is located within the inner 1/4–mile core of the DTOD
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Ocean One
REZN 16-001
District.
Consistency with Land Development Regulations (LDR)
The application for the Master/Site Plan complies with the development regulations of
the Mixed Use High (MU-H) zoning district, other than the build-to requirements along
the north side of the property and the community design standards that require the
parking garage to be wrapped with habitable floor area. The agent has submitted
concurrent Community Design Appeal applications and justifications, in an effort to
deviate from those design regulations.
c. Land Use Pattern. Whether the proposed Future Land Use Map amendment
(FLUM) and rezoning would be contrary to the established land use pattern, or
would create an isolated zoning district or an isolated land use classification
unrelated to adjacent and nearby classifications, or would constitute a grant of
special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the
community.
The proposed rezoning will not be contrary to the established land use pattern, will not
create an isolated district, nor will it constitute a grant of special privilege to the owner.
As already noted in comments for criterion “b,” the project is consistent with
recommendations of the 2016 CRA Community Redevelopment Plan. Areas to the
north and east of subject property carry the same MXC classification, and the Casa
Costa and Marina Village properties are already zoned MU-H as is the 500 Ocean
project under construction nearby. The proposed rezoning/master plan will further
advance a desirable, sustainable, growth-promoting land use pattern for the location—
high density mixed use.
d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would support the integration of a mix of land uses consistent with the
Smart Growth or sustainability initiatives, with an emphasis on 1) complementary
land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The proposed rezoning meets the definition of “sustainable” as it supports a mixed use,
high density infill development whose residents will have access to public transit via
Palm Tran bus service along the US 1 corridor (a bus stop is located in front of the
proposed project). Eventually, they will also find themselves within walking distance to
the Coastal Link commuter station.
e. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
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Ocean One
REZN 16-001
The request is for rezoning only. (Long-term capacity availability for potable water,
sewer and solid waste was reviewed as a part of the area-wide FLUM amendment in
2002.) The Palm Beach County Solid Waste Authority determined that sufficient
disposal capacity will be available at the existing landfill through approximately the year
2046.
The traffic statement was submitted to the Palm Beach County for information only as
the location of the subject property makes it exempt from the Palm Beach County Traffic
Performance Standards. The School Capacity Availability Determination (SCAD) letter
from the School District of PBC confirmed that capacity for the project is available.
Drainage will be reviewed in detail as part of the site plan, land development, and
building permit review processes.
f. Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties; and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
The proposed rezoning would be compatible with the current and future use of adjacent
and nearby properties (see response to criterion “c”), and would have a positive impact
on the property values. Also—see commentary under criterion “a”—the proposed
rezoning represents the scale that would contribute to the creation of a vibrant
downtown, benefiting the neighborhood as well as the City as a whole.
g. Direct Economic Development Benefits. For rezoning/FLUM amendments
involving rezoning to a planned zoning district, the review shall consider the
economic benefits of the proposed amendment, specifically, whether the proposal
would:
(1) Further implementation of the Economic Development (ED) Program;
(2) Contribute to the enhancement and diversification of the City’s tax base;
(3) Respond to the current market demand or community needs or provide services
or retail choices not locally available;
(4) Create new employment opportunities for the residents, with pay at or above the
county average hourly wage;
(5) Represent innovative methods/technologies, especially those promoting
sustainability;
(6) Be complementary to existing uses, thus fostering synergy effects; and
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Ocean One
REZN 16-001
(7) Alleviate blight/economic obsolescence of the subject area.
The proposed project would be yet another major catalyst and synergy contributor in
support of a successful, lively downtown (“g1” and “g6”), bringing more development to
the area and attracting more residents and visitors to the City. As already noted in this
report, the request reflect the ongoing economic recovery and the current market
demand, adhering to criterion “g3”, and would, if approved, effect a significant
enhancement of the City’s tax base (criterion “g2”). Direct impact on job generation
would be negligible, with indirect (multiplier) effects having a more significant potential
through increased demand for retail and restaurant uses.
h. Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph “g” above; and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
The proposed rezoning does not reduce the amount of land available for
commercial/industrial development. The MXC future land use classification is already in
place; however, although we encourage more commercial uses in mixed use
developments and would have liked the project to have a more substantial commercial
component, developers have a great deal of flexibility to respond to the market.
i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
No, there are not. The City has little vacant land left. This is a large vacant property
downtown; moreover, the location presented an opportunity for a CRA parcel to expand
the size of the project.
j. Master Plan and Site Plan Compliance with Land Development Regulations.
When master plan and site plan review are required pursuant to Section 2.D.1.e
above, both shall comply with the requirements of the respective zoning district
regulations of Chapter 3, Article III and the site development standards of Chapter 4.
For the master plan/site plan review, see the corresponding staff report. The application
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Ocean One
REZN 16-001
for the Master/Site Plan complies with the development regulations of the Mixed Use
High (MU-H) zoning district, other than the build-to requirements along the north side of
the property and the community design standards that require the parking garage to be
wrapped with habitable floor area. The agent has submitted concurrent Community
Design Appeal applications and justifications, in an effort to deviate from those design
regulations.
CONCLUSION/RECOMMENDATION
As indicated herein, staff has reviewed the proposed rezoning and determined that it
constitutes the implementation of the CRA Community Redevelopment Plan and the
policies of the Comprehensive Plan. However, the subject request cannot be approved
without a concurrent approval of the Community Design Appeal applications.
S:\\Planning\\SHARED\\WP\\PROJECTS\\Ocean One\\REZN 16-001\\REZN 16-001 Ocean One Staff Report.doc
8
EXHIBIT "A"
SITE LOCATION MAP
OCEAN ONE (REZONING 16-001)
ve
h A
4t
NE
NE 4th Ave
e
d Av
E 3r
N
MU-H
N
E 2nd
Ave
vd
Beach Bl
E Boynton
MU-H
SITE
Loma Blvd
Casa
st Ave
NE 1
MU-H
(proposed)
an Ave
E Oce
1st Ave
SE
MU-H
e
t Av
E 1s
S
SE 2nd Ave
¯
Legend
03570140210280
Feet
ZONING DISTRICTS
C4 General Commercial
R3 Multi Family
CBD Central Business District
Source: Palm Beach County GIS Digital Data 2006-2015
C2 Neighborhood Commercial
M1 Light Industrial
Copyright Palm Beach County Florida 2006-2015
All rights reserved - Subject to a Licence Agreement
C3 Community Commercial
MU-H Mixed Use High
NEW BUSINESS
7.A.2
Ocean One
(ABAN 17-001)
Abandonment
Page 2
Memorandum No. PZ 17-007
ABAN 17-001
Financial Building) zoned CBD (Central Business District) and Marina Village
zoned MU-H (Mixed Use-High); and
West:Vacant land under concurrent development review and known as the Ocean
One project and farther west is right-of-way for Federal Highway and farther
west is developed commercial properties zoned CBD (Central Business
District).
BACKGROUND
The applicant is requesting to abandon a portion of Boynton Beach Boulevard right-of-way
immediately east of Federal Highway, which currently is comprised of sidewalk and landscape
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improvements and a right turn lane onto NE 6 Court. While the proposed abandonment of this
section of Boynton Beach Boulevard reduces the right-of-way width, it will not affect the existing
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number or size of travel lanes within the roadway, only the loss of the right turn lane onto NE 6
Court, which is not warranted based upon predicted traffic volumes. The developer will be creating
a new paver walk and landscape area, between 10 feet and 24 feet in width, on his property to
offset the loss of the existing sidewalk and landscape area along the south side of Boynton Beach
Boulevard, including a 10 foot wide sidewalk easement dedicated to the City.
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Also, the applicant is requesting to abandon the west 10 feet of NE 6 Court, between Boynton
Beach Boulevard and Ocean Avenue, to compensate for the 10 feet of the applicant’s property to
be dedicated from the west side of the project to the Florida Department of Transportation to
expand the Federal Highway right-of-way, in order to provide the required on-street parking. The
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right-of-way on NE 6 Court will be reduced from 50 feet to 40 feet, with a minimum 7 foot wide
sidewalk on the west side, partially in the right-of-way and partially on private property (a 5 foot wide
sidewalk easement would be dedicated to the City), on-street parallel parking, a 20 foot wide two
lane drive and finally, a 4 foot wide sidewalk on the east side of the street. As noted, staff supports
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the addition of on-street parallel parking on both Federal Highway and NE 6 Court, which justifies
the abandonment request. Additionally, the applicant has submitted a justification statement for the
requests (see Exhibit “C” – Applicant’s Justification).
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and its
respective hearing dates. The applicant has certified that they posted signage and mailed notices
in accordance with Ordinance No. 04-007. A summary of the responses follows:
CITY DEPARTMENTS/DIVISIONS
Engineering - No objection w/ provision of necessary easements.
Public Works/Utilities - No objection w/ provision of necessary easements.
Planning and Zoning - No objection
Page 3
Memorandum No. PZ 17-007
ABAN 17-001
PUBLIC UTILITY COMPANIES
Florida Power and Light - No objection w/ provision of necessary easements
and relocation of utilities at developer’s cost, if
necessary.
AT & T - No objection w/ provision of necessary easements
and relocation of utilities at developer’s cost, if
necessary.
Florida Public Utilities - No objection
Comcast - No objection w/ provision of necessary easements
and relocation of utilities at developer’s cost, if
necessary.
Hotwire - No objection
PBC Traffic Engineering - No objection
RECOMMENDATION
Staff has determined that the subject portion of the rights-of-way requested to be abandoned do not
adversely impact traffic or other City functions, do not adversely impact other adjacent property
owners, and the proposed improvements to be made by the developer in the areas to be
abandoned promote better pedestrian movement and create desirable on street parking in the
downtown. Based on the above analysis, staff recommends APPROVAL of the applicant’s request
to abandon these portions of the rights-of-way, subject to the attached conditions. Any conditions
requested by the Planning and Development Board or required by the Commission will be placed in
Exhibit “D” - Conditions of Approval.
S:\\Planning\\SHARED\\WP\\PROJECTS\\Ocean One\\ABAN 17-001\\Staff Report.doc
EXHIBIT "A"
SITE LOCATION MAP
ve
rd A
E 3
N
NE
2nd
Ave
Blvd
n Beach
E Boynto
SITE
1st Ave
NE
Ocean Ave
E
1st Pl
SE
E 1st Ave
S
¯
ve
t A
E 1s
S
0204080120160
Feet
Source: Palm Beach County GIS Digital Data 2006-2015
Copyright Palm Beach County Florida 2006-2015
All rights reserved - Subject to a Licence Agreement
Ocean One
Abandonment Justification
Boynton Beach Blvd & NE 6th Court
Ocean One Boynton, LLC owner of the +/- 3.63 gross acre parcel located at 114 North
Federal Highway, which is generally located on the northeast corner of Federal Highway and Boynton
ture Land Use Map and is
-
proposes to redevelop the Property with two hundred thirty seven (237) multi-family residential units
order to develop the Project, Petitioner is also requesting a rezoning
Use--
This
particular district is intended to create a downtown core that builds momentum for other redevelopment,
allowing for provisions today which will accomplish the long-term vision of the commuter rail transit
station. This district creates transit-supportive densities within walking distance of the marina and the
future transit station. Redevelopment of the Property with high density residential development and a
ground-floor retail component coincides with the goal contemplated by the TOD district.
The Project seeks to redevelop this vacant lot with a luxury residential units that will serve the community.
The proposed Project is compatible with development in the adjacent areas with high-density residential
development to the north and east, as well as the commercial redevelopment in the area. Further, it
provides access to adjacent municipalities because of its proximity to both the Federal Highway
thoroughfare, I-95 and the future transit station, making it an ideal location for residential development
as individual can easily commute from home to work. The Project will help satisfy a community need and
is compatible with surrounding residential and commercial development.
In order to develop the Project, Petitioner is seeking the abandonment of a portion of Boynton Beach
Boulevard adjacent to the Property. This portion of Boynton Beach Boulevard is a local road where the
right-of-way terminates. As such, a smaller right-of-way is more ideal to serve the propertiesin the
immediate area. This will also allow for a large pedestrian plaza that will create a vibrant development.
Further, in order to accommodate on-street parking along Federal Highway, Petitioner is also seeking
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abandonment of ten (10) feet of NE 6 Court and will be dedicating ten (10) feet for right-of-way along
Federal Highway.
In support of the abandonment request, Petitioner will demonstrate that the abandonment meets the
criteria listed in Part III, Chapter 2, Article II, Section 2.G.3 of the Citys Code of Ordinances (Code) as
follows: (a) Access the subject land provides a legal means of access to a lot of record; the abandonment
does not result in a permanent stoppage, interruption or an unacceptable level of service for the subject
lot or neighbors lots or developments with respect to police, fire or other emergency services or solid
waste removal; (b) Utilities The subject land does not contain, support or allow potable water, sanitary
sewer, or other utility which would be permanently stopped or interrupted or cause an unacceptable level
of service to the subject lot or neighboring lots or development; (c) Drainage and Wastewater
Management The subject land does not contain, support or allow a legal means of drainage or
wastewater for such lot or on neighboring lots, subdivisions or developments which would cause or result
in a stoppage, interruption or unacceptable level of service; (d) Conservation the subject land does not
contain, support or allow the means for conservation or preservation of flora or fauna.
(a) Access Does the subject land provides a legal means of access to a lot of record? Would the
abandonment result in a permanent stoppage, interruption or an unacceptable level of service for the
subject lot or neighboring lots or developments with respect to police, fire or other emergency services or
solid waste removal?
The subject land does provide a legal means of access to a lot of record. However, the abandonment will
not interrupt or prevent access to adjacent properties and developments. The Project seeks to abandon
only a portion of the right-of-way adjacent to the Property and will not interrupt vehicular traffic to
adjacent properties. The right-of-way along Boynton Beach Boulevard included in this request contains a
turn-lane which is not required based on the anticipated vehicular traffic servicing the Project and
adjacent parcels. This portion of Boynton Beach Boulevard is a local road which terminates as it
approached the Intracoastal Waterway and is unnecessary to accommodate vehicles traveling in the area.
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Further, the additional right-of-way being vacated along NE 6 Court would narrow the roadway servicing
the Property and the adjacent parcel to the east. It will not prevent legal access to any lot of record.
Narrowing the right-of-way will also slow down vehicles traveling in the area and allow for safer vehicular
movements and pedestrian crossing. Further, the abandonment requests will not result in a permanent
stoppage, interruption or an unacceptable level of service for the neighboring developments with respect
to police, fire, other emergency services or solid waste removal. As part of the site plan approval process
for the Project, the proposed right-of-ways and related abandonment requests have been reviewed by
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police and fire and deemed acceptable for emergency services. Further, the abandonment for NE 6
Court is proposed with a dedication along Federal Highway to allow for on-street parking at the request
of the City. As such, the abandonment request for the Project complies with this criteria.
(b) Utilities Does the subject land contain, support or allow potable water, sanitary sewer, or other utility
which would be permanently stopped or interrupted or cause an unacceptable level of service to the
subject lot or neighboring lots or development?
The subject land does not contain, support or allow potable water, sanitary sewer or other utility which
would be permanently stopped or interrupted. Petitioner has reviewed the request with the Citys
Utilities and Engineering Departments to determine any impacts of the proposed abandonment to the
adjacent properties. Petitioner will be relocating any necessary facilities in order to accommodatethe
Project and has been working closely with the City to ensure there is no interruption to any neighboring
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lot or developed serviced by the existing facilities in this area. Further, the abandonment for NE 6Court
is proposed with a dedication along Federal Highway to allow for on-street parking at the request of the
City. As such, the abandonment request will not cause an interruption or an unacceptable level of service
to those properties service by any existing potable water, sanitary sewer or other utilities contained within
these right-of-ways.
(c) Drainage and Wastewater Management Does the subject land contain, support or allow a legal
means of drainage or wastewater for such lot or on neighboring lots, subdivisions or developments which
would cause or result in a stoppage, interruption or unacceptable level of service?
The subject land does not contain, support or allow a means of drainage or wastewater for neighboring
lots, subdivisions or other developments which would cause or result in a stoppage, interruption or
unacceptable level of service. As part of the site plan process, Petitioner has submitted civil plans which
address drainage and wastewater management in the vicinity of the Property. Petitioner has been
working closely with the Citys utilities and engineering divisions to ensure the Project complies with all
drainage requirements and does not have an adverse impact to any adjacent Properties. Any facilities
impacted by the Project will be relocated to ensure there is no interruption or unacceptable level of
service. As such, the abandonment request meets this criteria.
(d) Conservation Does the subject land does not contain, support or allow the means for conservation or
preservation of flora or fauna?
The abandonment area does not contain or allow the means for conservation or preservation of flora or
fauna. The existing right-of-way proposed for abandonment is currently paved and does not contain any
plant materials or animal life. As such, the proposed abandonment meets this criteria.
EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Ocean One
File number: ABAN 17-001
Reference: 5threview plans identified as a New Site Plan with a February 13, 2017 Planning
and Zoning Department date stamp marking.
INCLUDEREJECT
DEPARTMENTS
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. A utility easement needs to be provided if the storm sewer line,
located on the NE corner of Boynton Beach Boulevard and NE
th
6 Court, will be inside the property line after the building is
th
shifted 10 feet towards NE 6 Court.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
2. The abandonment is subject to recording of sidewalk easement
agreements acceptable to the City.
3. Any conditions of approval from the various utility companies
requiring new or revised easements and developer relocation of
their facilities will be required to be addressed prior to issuance
of a building permit.
Ocean One (ABAN 17-001)
Conditions of Approval
Page 2 of 2
INCLUDEREJECT
DEPARTMENTS
4. Approval is subject to approval of the concurrent applications for
Rezoning, New Site Plan and Community Design Appeals.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\\Planning\\SHARED\\WP\\PROJECTS\\Ocean One\\ABAN 17-001 \\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ocean One (ABAN 17-001)
APPLICANT: Davis Camalier, Ocean One Boynton LLC
APPLICANT’S ADDRESS: 9816 S. Military Trail, Suite C2-3, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2017
APPROVAL SOUGHT: Request for abandonment of a portion of right-of-way of Boynton Beach
th
Boulevard east of Federal Highway, and NE 6 Court between Boynton Beach
Boulevard and Ocean Avenue, in conjunction with request for new site plan
approval of the Ocean One mixed use project.
LOCATION OF PROPERTY: 114 N. 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:
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\\Ocean One\\ABAN 17-001\\DO.doc
NEW BUSINESS
7.A.3
Ocean One
(CDPA 17-001 & 17-002)
Community Design Appeal
Staff Report – Ocean One (CDPA 17-001 & 17-002)
Memorandum No PZ 17-006
Page 2
box displays.
BACKGROUNDAND ANALYSIS
The first application submitted for Community Design Plan Appeal involves Land
Development Regulations (LDR) Chapter 3, Article III, Section 5.C., which requires
buildings to be constructed along the roadway frontages with a build-to-line of 0 to
15 feet. Approval may be granted by staff of up to a 15 foot setback in order to 1)
optimize landscape design; 2) maximize on-site drainage solutions; 3)
accommodate architectural features and building enhancements; or 4) to
otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor
seating area.There is only one side of the building (north) proposed to be
located outside of the build-to-line (proposed at approximately 19 feet, or 4 feet in
excess of that allowed), and accordingly, is the subject of this specific appeal
request. The applicant has submitted a Justification Statement (Exhibit “C”) date-
stamped November 4, 2016 addressing each of the following review criteria for
such applications:
a) Whether the proposed request will demonstrate consistency with the
Comprehensive Plan;
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;
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;
d) Whether the proposed request is intended to save or preserve existing
trees or desired flora;
e) Whether the proposed request will have adverse environmental impacts
that cannot be prevented by the imposition of conditions;
f) Whether the proposed request will have an adverse impact on property
values of abutting or adjacent land;
g) Whether the proposed request will seriously reduce the quality or
quantity of light and air available to adjacent properties;
h) Whether the proposed request is necessary to further the objectives of
the City to assist with economic development and business promotion; and
i) 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 applicant is proposing a public plaza at the NW corner of the site, in which the
building is setback approximately 45 feet, and which is consistent with the
Community Redevelopment Agency (CRA) design guidelines, encouraging public
spaces at focal points of downtown mixed use projects. However, further east
along the north side of the property, the building setback varies from 15 feet
measured from certain building columns, to nearly 19 feet. This is a very minor
deviation of the 15 feet allowed and provides for a more active pedestrian
environment, permitting greater opportunities for larger planting areas to facilitate a
grander planting scheme (allowing for the placement of large Medjool Date palms
Staff Report – Ocean One (CDPA 17-001 & 17-002)
Memorandum No PZ 17-006
Page 3
and 24 foot tall Oak trees), and creating a more prominent entry into the Marina
District to the east.
The second application submitted for Community Design Plan Appeal involves
Land Development Regulations (LDR) Chapter 4, Article III, Section 6.F., “Off-
Street Parking Area Standards”, which requires facades of parking garages that
front on an arterial or collector roadway to be wrapped with habitable space. Once
again, the applicant has prepared responses to the review criteria (see Exhibit “C”
- Justification Statement) and believes that the building as proposed will not
significantly detract from the livability or appearance of the downtown and will be
consistent with the desired character of the area and redevelopment plan. By
providing the ground level retail space, the applicant believes an active pedestrian
experience will be promoted, and since the balance of the garage façade is
designed utilizing similar architectural features of the residential units, it will be
difficult to distinguish between habitable and uninhabitable space in the building.
While staff believes the appearance between habitable and non-habitable space
will be distinguishable, the architectural treatments are such that the residential
building and garage blend well together as a cohesive structure, as opposed to two
distinct buildings. Additionally, the fact that the applicant proposes to incorporate
art and lighted display boxes in the windows of the garage, above the retail space
facing Federal Highway, should add interest to the façade, enhance the pedestrian
experience, and further the artistic ambiance of the downtown.
In conclusion, staff has determined that the project meets the intent of the review
criteria for Community Design Appeals in relation to 1) the relatively minor (4 foot
deviation) in the build-to-line criteria; and 2) the façade of the garage (through the
use of retail space on the ground floor, utilization of similar architectural features of
the residential portion of the building on the remainder, and through the provision
of art and lighted display boxes in the windows of the garage, above the retail
space, facing Federal Highway), understanding the proposed design of the project
is not inconsistent with the Comprehensive Plan,will not significantly detract from
the livability or appearance of the City, should enhance the pedestrian experience
downtown, will provide opportunity for planting of large Medjool Date palms and
Oak trees,and should not have any adverse impact on property values of abutting
or adjacent land.
RECOMMENDATION
Staff has reviewed these requests for Community Design Appeal approval. Based on the analysis
contained herein, staff recommends approval contingent upon City Commission approval of the
concurrent requests for Rezoning, New Site Plan, and Abandonment, and satisfying all comments
indicated in Exhibit “D” – 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\\Ocean One\\CDPA 17-001 & 17-002\\CDPA Staff Report.doc
EXHIBIT "A"
SITE LOCATION MAP
ve
rd A
E 3
N
NE
2nd
Ave
Blvd
n Beach
E Boynto
SITE
1st Ave
NE
Ocean Ave
E
1st Pl
SE
E 1st Ave
S
¯
ve
t A
E 1s
S
0204080120160
Feet
Source: Palm Beach County GIS Digital Data 2006-2015
Copyright Palm Beach County Florida 2006-2015
All rights reserved - Subject to a Licence Agreement
ELEVATIONS
A4.1
Ocean One
114 North Federal Highway
Community Design Appeal Build-to-Line
Ocean One Boynton, LLC owner of the +/- 3.63 gross acre parcel located at 114 North
Federal Highway, which is generally located on the northeast corner of Federal Highway and Boynton
ture Land Use Map and is
-
proposes to redevelop the Property with two hundred thirty seven (237) multi-family residential units
order to develop the Project, Petitioner is also requesting a rezoning
Use--
This
particular district is intended to create a downtown core that builds momentum for other redevelopment,
allowing for provisions today which will accomplish the long-term vision of the commuter rail transit
station. This district creates transit-supportive densities within walking distance of the marina and the
future transit station. Redevelopment of the Property with high density residential development and a
ground-floor retail component coincides with the goal contemplated by the TOD district.
properties that have been rezoned to the MU-H district, as proposed by Petitioner. Specifically, the
Project is consistent with the high densities of the Marina Village Condominium to the east of the Property
and the Casa Costa project (f/k/a Promenade) to the north, which have been developed with high-density
residential projects and with the property at the southwest corner of Federal Highway and Ocean Avenue
which also allows residential densities of up to one hundred (100) dwelling units per acre. It is clear by
zoning district that high-density and mixed-use residential projects are desired for the Property as it is in
close proximity to the marina and future transit station. The Project proposes a high-quality development
that serves the redevelopment needs for this particular area of the City.
The Project seeks to redevelop this vacant lot with a luxury residential units that will serve the community.
The proposed Project is compatible with development in the adjacent areas with high-density residential
development to the north and east, as well as the commercial redevelopment in the area. Further, it
provides access to adjacent municipalities because of its proximity to both the Federal Highway
thoroughfare, I-95 and the future transit station, making it an ideal location for residential development
as individual can easily commute from home to work. The Project will help satisfy a community need and
is compatible with surrounding residential and commercial development.
In order to develop the Project, Petitioner is requesting a community design appeal as follows:
Relief from Part III, Chapter 3, Article III, Section I.E. (Table 3-4) to a build-to-line in excess of nineteen
(19) feet in lieu of zero feet required.
In support of the community design appeal, Petitioner will demonstrate that the request meets the review
criteria of Chapter 2, Article II, Section 4.B.3 of the Land Development Regulations (Code) as follows: (a)
whether the proposed request is consistent with the Comprehensive Plan; (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;
(c) on balance, the proposed request is 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;
(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; (e) whether the proposed request will have an adverse environmental impact that cannot
be prevented by the imposition of conditions; (f) whether the proposed request will have an adverse
impact on property values of abutting or adjacent land; (g) whether the proposed request will seriously
reduce the quality or quantity of light and air available to adjacent properties; (h) whether the proposed
request is necessary to further the objectives of the city to assist with economic development and
business promotion; (i) 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.
ΛğΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ źƭ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵
As noted above, the Property has a future land use designation of Mixed-
Comprehensive Plan, the MX-C category is intended to provide for the vertical or horizontal mixing of land
uses within a single site in order to allow for redevelopment in specific areas of the City that take
maximum advantage of existing utility systems and services and promote compact development, safe and
pedestrian friendly streets, and provide for transportation choices. The MX-C category east of I-95
specifically provides for high density residential development far above the density permitted in the CBD
zoning district. As such, the Project would allow for this higher-density residential development that was
sive Plan. The requested relief is required to provide a larger
pedestrian promenade along East Boynton Beach Boulevard. East of Federal Highway, Boynton Beach
Boulevard becomes a local road servicing only a handful of properties. As part of the Project, Petitioner
is requesting the abandonment of a portion of Boynton Beach Boulevard which will narrow the right-of-
way and slow down vehicles traveling in the area. The Project further provides a more expansive
pedestrian area along Boynton Beach Boulevard to create an active pedestrian environment that allows
for greater interaction with the proposed commercial uses.
The Project is further consistent with the goals, policies and objectives outlined in the Citys
Comprehensive Plan as follows:
Objective 1.3 Future development and redevelopment within the City shall continue to be
regulated through administration of Land Development Regulations and Community
Redevelopment Plans The Project is consistent with the CRAs Downtown Master Plan and the
intended development on the Property.
Policy 1.1.3.d The Project provides for the vertical mixing of land uses within a single site in order
to allow for redevelopment that takes advantage of existing utility systems; and promotes
compact development, safe and pedestrian-friendly streets and transportation choices The
requested relief will provide for a larger pedestrian promenade and a safer street with slower
vehicular traffic.
Objective 1.7 The City shall eliminate blighted residential neighborhoods and business districts
through the adoption and implementation of Community Redevelopment Plans within
commercial and residential Community Redevelopment Areas, including areas east of I-95,
notably the Federal Highway corridor The Project proposes to transform a large vacant parcel
along the Federal Highway corridor with a vibrant mixed-use project that will serve the
community.
Policy 1.7.3 The City shall require that designs for redevelopment and infill projects encourage
use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize
personal safety The Project provides for an infill mixed-use development that encourages
pedestrian activity and use of alternate transportation options in the vicinity of the Property.
Policy 2.4.12 The City shall provide a variety of transportation choices within the CRA by
supporting the following design features for street new continuous and permanent on-street
parking; bus stops and transit enhancements; widening sidewalks - The Project proposes wider
sidewalks along Boynton Beach Boulevard to create a safe area for pedestrian activities. The
Project also proposes on-street parking and an integrated bus stop.
Objective 2.12 Promote a pedestrian environment by providing adequate facilities, such as
wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists Petitioner is seeking
relief from the built-to-line in order to create a wider pedestrian area and promote a safe
pedestrian environment.
ΛĬΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ Ǟźƌƌ ƓƚƷ ƭźŭƓźŅźĭğƓƷƌǤ ķĻƷƩğĭƷ ŅƩƚƒ ƷŷĻ ƌźǝğĬźƌźƷǤ ƚƩ ğƦƦĻğƩğƓĭĻ ƚŅ ƷŷĻ ĭźƷǤ
ğƓķ Ǟźƌƌ ĬĻ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ ƷŷĻ ĻƭƷğĬƌźƭŷĻķ ƚƩ ķĻƭźƩĻķ ĭŷğƩğĭƷĻƩ ƚŅ ƷŷĻ ğƩĻğͲ ƚƩ ǞźƷŷ ƷŷĻ ƩĻķĻǝĻƌƚƦƒĻƓƷ
ƦƌğƓͲ ǞŷĻƩĻ ğƦƦƌźĭğĬƌĻ͵
The proposed request will not significantly detract from the livability or appearance of the City. The build-
to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where
parking areas are setback and main buildings are pushed forward towards the Property line. The Code
provides for major variations to build-to-line requirements through the approval of a Community Design
Appeal Applications where portions of buildings are proposed in excess of the distance specified in order
to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is
requesting relief from the build-to-line requirements in order to create wider sidewalks, plazas and
outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the
sidewalks will be buffered from the street through enhanced landscaping in order to create a true
pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of
nineteen feet from the ultimate property line in order to create such an environment. It is clear the
variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance
the public spaces.
Further, the request is consistent with the desired character of the area and applicable redevelopment
plan. As noted above, the Property is further located within the TOD District around the future transit
station under the Downtown Master Plan. This particular district is intended to create a downtown
core that builds momentum for other redevelopment, allowing for provisions today which will accomplish
the long-term vision of the commuter rail transit station. This district creates transit-supportive densities
within walking distance of the marina and the future transit station. Redevelopment of the Property with
high density residential development and a ground-floor retail component coincides with the goal
contemplated by the TOD district.
-use urban zoning districts are intended to implement the community
redevelopment plans by providing for a mixture of land uses, accommodating varying densities and
intensities for each planning area and by establishing a compact urban setting. These districts area also
intended to support transit ridership, and in particular the development of transit-oriented development
near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay
district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is
intended to improve land development patterns around the future station of the planned commuter
service and further enhance the vision embodied by the mixed-use zoning districts with increased density
and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an
emphasis of high density development for this overlay district which includes the Property. TheProject
will allow for the higher density development encouraged by such provisiLand
Development Regulations. As such, the Project is consistent with the purpose and intent of the applicable
Comprehensive Plan policies, redevelopment plans and land use regulations.
ΛĭΜ hƓ ĬğƌğƓĭĻͲ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ źƭ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƷŷĻ ƭƷğƓķğƩķ ŅƚƩ Ǟŷźĭŷ ğ ķĻǝźğƷźƚƓ
źƭ ƩĻƨǒĻƭƷĻķ͵ DƩğƓƷźƓŭ ƷŷĻ ƩĻƨǒĻƭƷ Ǟźƌƌ ĻƨǒğƌƌǤ ƚƩ ĬĻƷƷĻƩ ƒĻĻƷ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƷŷĻ ƭƷğƓķğƩķ Ʒƚ ĬĻ ğƦƦĻğƌĻķ͵
The request is consistent with the purpose of this provision. The build-to-line requirement is intended to
create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main
buildings are pushed forward towards the Property line. The Code provides for major variations to build-
to-line requirements through the approval of a Community Design Appeal Applications where portions of
buildings are proposed in excess of the distance specified in order to enhance public spaces such as
sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build-to-
line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote
pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the
street through enhanced landscaping in order to create a true pedestrian feel along this frontage.
Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property
line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section
5.C.2. contemplates relief in such situations that enhance the public spaces.
Further, the Project will redevelop this vacant lot with a luxury residential units that will serve the
community. The proposed Project is compatible with development in the adjacent areas with high-density
residential development to the north and east, as well as the commercial redevelopment in the area.
Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway
thoroughfare, I-95 and the future transit station, making it an ideal location for residential development
as individual can easily commute from home to work.
ΛķΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ źƭ źƓƷĻƓķĻķ Ʒƚ ƭğǝĻ ƚƩ ƦƩĻƭĻƩǝĻ ĻǣźƭƷźƓŭ ƷƩĻĻƭ ƚƩ ķĻƭźƩĻķ ŅƌƚƩğ ΛЊΜ ǞŷĻƷŷĻƩ
ƷŷĻ ğƦƦƌźĭğƓƷ źƭ ǒƓğĬƌĻ Ʒƚ ķĻƭźŭƓ ƚƩ ƌƚĭğƷĻ ƦƩƚƦƚƭĻķ ĬǒźƌķźƓŭƭͲ ƭƷƩǒĭƷǒƩĻƭͲ ƚƩ źƒƦƩƚǝĻƒĻƓƷƭ ğƓķ ƦƩĻƭĻƩǝĻ
ƷŷĻ ƷƩĻĻΛƭΜ ğƓķ ĭƚƒƦƌǤ ǞźƷŷ ğƌƌ ƦƩƚǝźƭźƚƓƭ ƚŅ ƷŷĻƭĻ ĭƚƒƒǒƓźƷǤ ķĻƭźŭƓ ƭƷğƓķğƩķƭ ǞźƷŷƚǒƷ ĭğǒƭźƓŭ ƷŷĻ
ğƦƦƌźĭğƓƷ ǒƓķǒĻ ŷğƩķƭŷźƦͳ ğƓķ ΛЋΜ ǞŷĻƷŷĻƩ źƷ źƭ ƓƚƷ ŅĻğƭźĬƌĻ Ʒƚ ƷƩğƓƭƦƌğƓƷ ƷŷĻ ƷƩĻĻƭ Ʒƚ ğƓƚƷŷĻƩ ƌƚĭğƷźƚƓ ƚƓ
ƷŷĻ ƭǒĬƆĻĭƷ ƭźƷĻ ĭƚƓƭźķĻƩźƓŭ ƷŷĻ ŅƚƌƌƚǞźƓŭʹ ЊΜ ƭŷğƦĻ ğƓķ ķźƒĻƓƭźƚƓƭ ƚŅ ƷŷĻ ƩĻğƌ ƦƩƚƦĻƩƷǤͳ ЋΜ ƌƚĭğƷźƚƓ ƚŅ
ĻǣźƭƷźƓŭ ƭƷƩǒĭƷǒƩĻƭ ğƓķ źƓŅƩğƭƷƩǒĭƷǒƩĻ źƒƦƩƚǝĻƒĻƓƷƭͳ ğƓķ ЌΜ ƭźǩĻͲ ğŭĻͲ ŷĻğƌƷŷ ğƓķ ƭƦĻĭźĻƭ ƚŅ ƷƩĻĻƭ ƭƚǒŭŷƷ
Ʒƚ ĬĻ ƦƩƚƷĻĭƷĻķ͵
The proposed relief will not have an impact on existing trees or desired flora. The Property currently has
several street trees along the street frontages. Petitioner has hired an arborist and submitted an arborists
report with the site plan application for the Project to determine whether any trees can be saved. Street
trees will be provided along all street frontages as required by the Citys Code. This specific request relates
to habitable space along the upper levels of the garage and is required to provide a safe and functioning
garage facility. As noted above, the garage has been designed to continue the appearance of the livable
space in the associated residential building. As such, this criteria is not applicable to the Project.
ΛĻΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ Ǟźƌƌ ŷğǝĻ ğƓ ğķǝĻƩƭĻ ĻƓǝźƩƚƓƒĻƓƷğƌ źƒƦğĭƷ ƷŷğƷ ĭğƓƓƚƷ ĬĻ ƦƩĻǝĻƓƷĻķ
ĬǤ ƷŷĻ źƒƦƚƭźƷźƚƓ ƚŅ ĭƚƓķźƷźƚƓƭ͵
The proposed request will not have an adverse environmental impact. The proposed request will not
significantly detract from the livability or appearance of the City. The build-to-line requirement is
intended to create a more vibrant and pedestrian friendly downtown area where parking areas are
setback and main buildings are pushed forward towards the Property line. The Code provides for major
variations to build-to-line requirements through the approval of a Community Design Appeal Applications
where portions of buildings are proposed in excess of the distance specified in order to enhance public
spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from
the build-to-line requirements in order to create wider sidewalks, plazas and outdoor seating areas to
promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered
from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage.
Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property
line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section
5.C.2. contemplates relief in such situations that enhance the public spaces.
ΛŅΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ Ǟźƌƌ ŷğǝĻ ğƓ ğķǝĻƩƭĻ źƒƦğĭƷ ƚƓ ƦƩƚƦĻƩƷǤ ǝğƌǒĻƭ ƚŅ ğĬǒƷƷźƓŭ ƚƩ ğķƆğĭĻƓƷ
ƌğƓķ͵
The proposed request will not have an adverse impact on property values of abutting or adjacent land.
The Property is currently vacant. The Project seeks to redevelop this vacant lot with a luxury residential
units that will serve the community. The proposed Project is compatible with development in the adjacent
areas with high-density residential development to the north and east, as well as the commercial
redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity
to both the Federal Highway thoroughfare, I-95 and the future transit station, making it an ideal location
for residential development as individual can easily commute from home to work. Further, this request
will revitalize the Property with a Project that is consistent with the Citys master plans. As noted above,
the Property is further located within the TOD
CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds
momentum for other redevelopment, allowing for provisions today which will accomplish the long-term
vision of the commuter rail transit station. This district creates transit-supportive densities within walking
distance of the marina and the future transit station. Redevelopment of the Property with high density
residential development and a ground-floor retail component coincides with the goal contemplated by
the TOD district. The relief requested further allows for the enhancement of pedestrian sidewalks, plazas
and outdoor seating areas that will create a quality development with the desired pedestrian activities
along the ground levels. As such, this request will not have an adverse impact on property values.
ΛŭΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ Ǟźƌƌ ƭĻƩźƚǒƭƌǤ ƩĻķǒĭĻ ƷŷĻ ƨǒğƌźƷǤ ƚƩ ƨǒğƓƷźƷǤ ƚŅ ƌźŭŷƷ ğƓķ ğźƩ ğǝğźƌğĬƌĻ Ʒƚ
ğķƆğĭĻƓƷ ƦƩƚƦĻƩƷźĻƭ͵
The request will not reduce the quality or quantity of light and air available to adjacent properties.
Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks,
plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard.
Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create
a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of
nineteen feet from the ultimate property line in order to create such an environment. As such, it will not
impact the quality or quantity of light or air available to adjacent properties.
ΛŷΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ źƭ ƓĻĭĻƭƭğƩǤ Ʒƚ ŅǒƩƷŷĻƩ ƷŷĻ ƚĬƆĻĭƷźǝĻƭ ƚŅ ƷŷĻ ĭźƷǤ Ʒƚ ğƭƭźƭƷ ǞźƷŷ ĻĭƚƓƚƒźĭ
ķĻǝĻƌƚƦƒĻƓƷ ğƓķ ĬǒƭźƓĻƭƭ ƦƩƚƒƚƷźƚƓ͵
As noted above, the Property is further located within the TOD District around the future transit station
CRA Downtown Master Plan. This particular district is intended to create a downtown
core that builds momentum for other redevelopment, allowing for provisions today which will accomplish
the long-term vision of the commuter rail transit station. This district creates transit-supportive densities
within walking distance of the marina and the future transit station. Redevelopment of the Property with
high density residential development and a ground-floor retail component coincides with the goal
contemplated by the TOD district. Petitioner is requesting relief from the build-to-line requirements in
order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along
East Boynton Beach Boulevard and further these objectives. The sidewalks will be also buffered from the
street through enhanced landscaping in order to create a true pedestrian feel along this frontage.
Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property
line in order to create such an environment.
properties that have been rezoned to the MU-H district, as proposed by Petitioner. Specifically, the
Project is consistent with the high densities of the Marina Village Condominium to the east of the Property
and the Casa Costa project (f/k/a Promenade) to the north, which have been developed with high-density
residential projects and with the property at the southwest corner of Federal Highway and Ocean Avenue
which also allows residential densities of up to one hundred (100) dwelling units per acre. It is clear by
zoning district that high-density and mixed-use residential projects are desired for the Property as it is in
close proximity to the marina and future transit station. The Project proposes a high-quality development
that serves the redevelopment needs for this particular area of the City.
The request is necessary to redevelop this vacant lot with the Project which contains luxury residential
units that will serve the community. The proposed Project is compatible with development in the adjacent
areas with high-density residential development to the north and east, as well as the commercial
redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity
to both the Federal Highway thoroughfare, I-95 and the future transit station, making it an ideal location
for residential development as individual can easily commute from home to work. The Project will help
satisfy a community need and is compatible with surrounding residential and commercial development.
As such, the request is consistent with this criteria.
ΛźΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ ƒĻĻƷƭ ƷŷĻ ƦǒƩƦƚƭĻ ğƓķ źƓƷĻƓƷ ƚŅ ƷŷĻƭĻ ƩĻŭǒƌğƷźƚƓƭ ĬǒƷ ĭƚƓŅƌźĭƷƭ ǞźƷŷ
ğƓƚƷŷĻƩ ƭźƷĻ ķĻǝĻƌƚƦƒĻƓƷ ƭƷğƓķğƩķ ƚƩ ƩĻƨǒźƩĻƒĻƓƷͲ źƓĭƌǒķźƓŭ ƭǒƭƷğźƓğĬƌĻ ķĻǝĻƌƚƦƒĻƓƷ ğƓķ ŭƩĻĻƓ
źƓźƷźğƷźǝĻƭ͵
The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown
area where parking areas are setback and main buildings are pushed forward towards the Property line.
The Code provides for major variations to build-to-line requirements through the approval of a
Community Design Appeal Applications where portions of buildings are proposed in excess of the distance
specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas.
Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks,
plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard.
Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create
a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of
nineteen feet from the ultimate property line in order to create such an environment. As such, the relief
requested complies with this criteria.
Ocean One
114 North Federal Highway
Community Design Appeal Habitable Space
Ocean One Boynton, LLC owner of the +/- 3.63 gross acre parcel located at 114 North
Federal Highway, which is generally located on the northeast corner of Federal Highway and Boynton
-
proposes to redevelop the Property with two hundred thirty seven (237) multi-family residential units
order to develop the Project, Petitioner is also r
Use--
This
particular district is intended to create a downtown core that builds momentum for other redevelopment,
allowing for provisions today which will accomplish the long-term vision of the commuter rail transit
station. This district creates transit-supportive densities within walking distance of the marina and the
future transit station. Redevelopment of the Property with high density residential development and a
ground-floor retail component coincides with the goal contemplated by the TOD district.
properties that have been rezoned to the MU-H district, as proposed by Petitioner. Specifically, the
Project is consistent with the high densities of the Marina Village Condominium to the east of the Property
and the Casa Costa project (f/k/a Promenade) to the north, which have been developed with high-density
residential projects and with the property at the southwest corner of Federal Highway and Ocean Avenue
which also allows residential densities of up to one hundred (100) dwelling units per acre. It is clear by
zoning district that high-density and mixed-use residential projects are desired for the Property as it is in
close proximity to the marina and future transit station. The Project proposes a high-quality development
that serves the redevelopment needs for this particular area of the City.
The Project seeks to redevelop this vacant lot with a luxury residential units that will serve the community.
The proposed Project is compatible with development in the adjacent areas with high-density residential
development to the north and east, as well as the commercial redevelopment in the area. Further, it
provides access to adjacent municipalities because of its proximity to both the Federal Highway
thoroughfare, I-95 and the future transit station, making it an ideal location for residential development
as individual can easily commute from home to work. The Project will help satisfy a community need and
is compatible with surrounding residential and commercial development.
In order to develop the Project, Petitioner is requesting a community design appeal as follows:
Relief from Part III, Chapter 4, Article III, Section VI.F.1.c. & d. to allow uninhabitable space along
approximately one hundred ten (110) feet of garage area on the Federal Highway frontage forfloors
two (2) through seven (7) in lieu of habitable gross building area wrapped along entire garage as
required.
In support of the community design appeal, Petitioner will demonstrate that the request meets the review
criteria of Chapter 2, Article II, Section 4.B.3 of the Land Development Regulations as follows: (a)
whether the proposed request is consistent with the Comprehensive Plan; (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;
(c) on balance, the proposed request is 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;
(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; (e) whether the proposed request will have an adverse environmental impact that cannot
be prevented by the imposition of conditions; (f) whether the proposed request will have an adverse
impact on property values of abutting or adjacent land; (g) whether the proposed request will seriously
reduce the quality or quantity of light and air available to adjacent properties; (h) whether the proposed
request is necessary to further the objectives of the city to assist with economic development and
business promotion; (i) 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.
ΛğΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ źƭ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵
As noted above, the Property has a future land use designation of Mixed-
Comprehensive Plan, the MX-C category is intended to provide for the vertical or horizontal mixing of land
uses within a single site in order to allow for redevelopment in specific areas of the City that take
maximum advantage of existing utility systems and services and promote compact development, safe and
pedestrian friendly streets, and provide for transportation choices. The MX-C category east of I-95
specifically provides for high density residential development far above the density permitted in the CBD
zoning district. As such, the Project would allow for this higher-density residential development that was
sive Plan.
The Project is further consistent with the goals, policies and objectives outlined in the Citys
Comprehensive Plan as follows:
Objective 1.3 Future development and redevelopment within the City shall continue to be
regulated through administration of Land Development Regulations and Community
Redevelopment Plans The Project is consistent with the CRAs Downtown Master Plan and the
intended development on the Property.
Policy 1.1.3.d The Project provides for the vertical mixing of land uses within a single site in order
to allow for redevelopment that takes advantage of existing utility systems; and promotes
compact development, safe and pedestrian-friendly streets and transportation choices The
requested relief will provide for a larger pedestrian promenade and a safer street with slower
vehicular traffic.
Objective 1.7 The City shall eliminate blighted residential neighborhoods and business districts
through the adoption and implementation of Community Redevelopment Plans within
commercial and residential Community Redevelopment Areas, including areas east of I-95,
notably the Federal Highway corridor The Project proposes to transform a large vacant parcel
along the Federal Highway corridor with a vibrant mixed-use project that will serve the
community.
Policy 1.7.3 The City shall require that designs for redevelopment and infill projects encourage
use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize
personal safety The Project provides for an infill mixed-use development that encourages
pedestrian activity and use of alternate transportation options in the vicinity of the Property.
Policy 2.4.12 The City shall provide a variety of transportation choices within the CRA by
supporting the following design features for street new continuous and permanent on-street
parking; bus stops and transit enhancements; widening sidewalks - The Project proposes wider
sidewalks along Boynton Beach Boulevard to create a safe area for pedestrian activities. The
Project also proposes on-street parking and an integrated bus stop.
Objective 2.12 Promote a pedestrian environment by providing adequate facilities, such as
wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists Petitioner is seeking
relief from the built-to-line in order to create a wider pedestrian area and promote a safe
pedestrian environment.
ΛĬΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ Ǟźƌƌ ƓƚƷ ƭźŭƓźŅźĭğƓƷƌǤ ķĻƷƩğĭƷ ŅƩƚƒ ƷŷĻ ƌźǝğĬźƌźƷǤ ƚƩ ğƦƦĻğƩğƓĭĻ ƚŅ ƷŷĻ ĭźƷǤ
ğƓķ Ǟźƌƌ ĬĻ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ ƷŷĻ ĻƭƷğĬƌźƭŷĻķ ƚƩ ķĻƭźƩĻķ ĭŷğƩğĭƷĻƩ ƚŅ ƷŷĻ ğƩĻğͲ ƚƩ ǞźƷŷ ƷŷĻ ƩĻķĻǝĻƌƚƦƒĻƓƷ
ƦƌğƓͲ ǞŷĻƩĻ ğƦƦƌźĭğĬƌĻ͵
The
Code requires that integrated parking garages within mixed-use developments provide habitable gross
building area wrapped around the facility on all levels. The intent of this provision is to ensure there are
active uses along pedestrian walkways and to create the feeling of a vibrant, dynamic building along visible
thoroughfares. Petitioner has designed the Project to provide habitable space on the ground level along
the entire Federal Highway frontage. By providing ground level retail along the garage, Petitioner is
creating an active pedestrian experience that will bring life to this corridor. On the upper levels of the
garage, Petitioner is requesting relief to allow for uninhabitable space along the garage façade fronting
Federal Highway. The garage has been designed to continue the appearance of the residential units along
this façade to create the same feel of livable space. The garage area uses similar architectural features
and designs which makes it difficult to distinguish the habitable space from the inhabitable space that is
the garage. As such, the request will not detract from the appearance of the City.
Further, the request is consistent with the desired character of the area and applicable redevelopment
plan. As noted above, the Property is further located within the TOD District around the future transit
s intended to create a downtown
core that builds momentum for other redevelopment, allowing for provisions today which will accomplish
the long-term vision of the commuter rail transit station. This district creates transit-supportive densities
within walking distance of the marina and the future transit station. Redevelopment of the Property with
high density residential development and a ground-floor retail component coincides with the goal
contemplated by the TOD district.
-use urban zoning districts are intended to implement the community
redevelopment plans by providing for a mixture of land uses, accommodating varying densities and
intensities for each planning area and by establishing a compact urban setting. These districts area also
intended to support transit ridership, and in particular the development of transit-oriented development
near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay
district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is
intended to improve land development patterns around the future station of the planned commuter
service and further enhance the vision embodied by the mixed-use zoning districts with increased density
and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an
emphasis of high density development for this overlay district which includes the Property. The Project
will allow for the higher de
Development Regulations. As such, the Project is consistent with the purpose and intent of the applicable
Comprehensive Plan policies, redevelopment plans and land use regulations.
ΛĭΜ hƓ ĬğƌğƓĭĻͲ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ źƭ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƷŷĻ ƭƷğƓķğƩķ ŅƚƩ Ǟŷźĭŷ ğ ķĻǝźğƷźƚƓ
źƭ ƩĻƨǒĻƭƷĻķ͵ DƩğƓƷźƓŭ ƷŷĻ ƩĻƨǒĻƭƷ Ǟźƌƌ ĻƨǒğƌƌǤ ƚƩ ĬĻƷƷĻƩ ƒĻĻƷ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƷŷĻ ƭƷğƓķğƩķ Ʒƚ ĬĻ ğƦƦĻğƌĻķ͵
The request is consistent with the purpose of this provision. The addition of habitable space along Federal
Highway would create a hazardous condition through the garage as ramps would be shorter and steeper
in order to accommodate additional habitable areas. Rather, Petitioner is creating the same appearance
of habitable space along the garage frontage by continuing the same architectural design elements along
the garage façade. Petitioner is meeting the purpose of this provision by creating the appearance of active
uses along Federal Highway and producing a dynamic product which will revitalize the Property. Granting
the request will better meet the purpose of this standard as it results in a safer and more functional garage
that and a vibrant Project.
The Project will further redevelop this vacant lot with a luxury residential units that will serve the
community. The proposed Project is compatible with development in the adjacent areas with high-density
residential development to the north and east, as well as the commercial redevelopment in the area.
Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway
thoroughfare, I-95 and the future transit station, making it an ideal location for residential development
as individual can easily commute from home to work.
ΛķΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ źƭ źƓƷĻƓķĻķ Ʒƚ ƭğǝĻ ƚƩ ƦƩĻƭĻƩǝĻ ĻǣźƭƷźƓŭ ƷƩĻĻƭ ƚƩ ķĻƭźƩĻķ ŅƌƚƩğ ΛЊΜ ǞŷĻƷŷĻƩ
ƷŷĻ ğƦƦƌźĭğƓƷ źƭ ǒƓğĬƌĻ Ʒƚ ķĻƭźŭƓ ƚƩ ƌƚĭğƷĻ ƦƩƚƦƚƭĻķ ĬǒźƌķźƓŭƭͲ ƭƷƩǒĭƷǒƩĻƭͲ ƚƩ źƒƦƩƚǝĻƒĻƓƷƭ ğƓķ ƦƩĻƭĻƩǝĻ
ƷŷĻ ƷƩĻĻΛƭΜ ğƓķ ĭƚƒƦƌǤ ǞźƷŷ ğƌƌ ƦƩƚǝźƭźƚƓƭ ƚŅ ƷŷĻƭĻ ĭƚƒƒǒƓźƷǤ ķĻƭźŭƓ ƭƷğƓķğƩķƭ ǞźƷŷƚǒƷ ĭğǒƭźƓŭ ƷŷĻ
ğƦƦƌźĭğƓƷ ǒƓķǒĻ ŷğƩķƭŷźƦͳ ğƓķ ΛЋΜ ǞŷĻƷŷĻƩ źƷ źƭ ƓƚƷ ŅĻğƭźĬƌĻ Ʒƚ ƷƩğƓƭƦƌğƓƷ ƷŷĻ ƷƩĻĻƭ Ʒƚ ğƓƚƷŷĻƩ ƌƚĭğƷźƚƓ ƚƓ
ƷŷĻ ƭǒĬƆĻĭƷ ƭźƷĻ ĭƚƓƭźķĻƩźƓŭ ƷŷĻ ŅƚƌƌƚǞźƓŭʹ ЊΜ ƭŷğƦĻ ğƓķ ķźƒĻƓƭźƚƓƭ ƚŅ ƷŷĻ ƩĻğƌ ƦƩƚƦĻƩƷǤͳ ЋΜ ƌƚĭğƷźƚƓ ƚŅ
ĻǣźƭƷźƓŭ ƭƷƩǒĭƷǒƩĻƭ ğƓķ źƓŅƩğƭƷƩǒĭƷǒƩĻ źƒƦƩƚǝĻƒĻƓƷƭͳ ğƓķ ЌΜ ƭźǩĻͲ ğŭĻͲ ŷĻğƌƷŷ ğƓķ ƭƦĻĭźĻƭ ƚŅ ƷƩĻĻƭ ƭƚǒŭŷƷ
Ʒƚ ĬĻ ƦƩƚƷĻĭƷĻķ͵
The proposed relief will not have an impact on existing trees or desired flora. The Property currently has
several street trees along the street frontages. Petitioner has hired an arborist and submitted an arborists
report with the site plan application for the Project to determine whether any trees can be saved. Street
trees will be provided along all
to habitable space along the upper levels of the garage and is required to provide a safe and functioning
garage facility. As noted above, the garage has been designed to continue the appearance of the livable
space in the associated residential building. As such, this criteria is not applicable to the Project.
ΛĻΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ Ǟźƌƌ ŷğǝĻ ğƓ ğķǝĻƩƭĻ ĻƓǝźƩƚƓƒĻƓƷğƌ źƒƦğĭƷ ƷŷğƷ ĭğƓƓƚƷ ĬĻ ƦƩĻǝĻƓƷĻķ
ĬǤ ƷŷĻ źƒƦƚƭźƷźƚƓ ƚŅ ĭƚƓķźƷźƚƓƭ͵
The proposed request will not have an adverse environmental impact. As noted in more detail above, this
specific request relates to habitable space along the upper levels of the garage and is required to provide
a safe and functioning garage facility. The garage has been also designed to continue the appearance of
the livable space in the associated residential building. The Project will further redevelop this vacant lot
with a luxury residential units that will serve the community. The proposed Project is compatible with
development in the adjacent areas with high-density residential development to the north and east, as
well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities
because of its proximity to both the Federal Highway thoroughfare, I-95 and the future transit station,
making it an ideal location for residential development as individual can easily commute from home to
work. As such, this request will not have an adverse environmental impact.
ΛŅΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ Ǟźƌƌ ŷğǝĻ ğƓ ğķǝĻƩƭĻ źƒƦğĭƷ ƚƓ ƦƩƚƦĻƩƷǤ ǝğƌǒĻƭ ƚŅ ğĬǒƷƷźƓŭ ƚƩ ğķƆğĭĻƓƷ
ƌğƓķ͵
The proposed request will not have an adverse impact on property values of abutting or adjacent land.
The Property is currently vacant. The Project seeks to redevelop this vacant lot with a luxury residential
units that will serve the community. The proposed Project is compatible with development in the adjacent
areas with high-density residential development to the north and east, as well as the commercial
redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity
to both the Federal Highway thoroughfare, I-95 and the future transit station, making it an ideal location
for residential development as individual can easily commute from home to work. Further, this request
the Property is further located within the TOD
CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds
momentum for other redevelopment, allowing for provisions today which will accomplish the long-term
vision of the commuter rail transit station. This district creates transit-supportive densities within walking
distance of the marina and the future transit station. Redevelopment of the Property with high density
residential development and a ground-floor retail component coincides with the goal contemplated by
the TOD district. As such, this request will not have an adverse impact on property values.
ΛŭΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ Ǟźƌƌ ƭĻƩźƚǒƭƌǤ ƩĻķǒĭĻ ƷŷĻ ƨǒğƌźƷǤ ƚƩ ƨǒğƓƷźƷǤ ƚŅ ƌźŭŷƷ ğƓķ ğźƩ ğǝğźƌğĬƌĻ Ʒƚ
ğķƆğĭĻƓƷ ƦƩƚƦĻƩƷźĻƭ͵
The request will not reduce the quality or quantity of light and air available to adjacent properties. The
request relates to an area internal to the garage on the upper levels. As noted in more detail above, this
specific request relates to habitable space along the upper levels of the garage and is required to provide
a safe and functioning garage facility. The garage has been also designed to continue the appearance of
the livable space in the associated residential building. As such, it will not impact the quality or quantity
of light or air available to adjacent properties.
ΛŷΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ źƭ ƓĻĭĻƭƭğƩǤ Ʒƚ ŅǒƩƷŷĻƩ ƷŷĻ ƚĬƆĻĭƷźǝĻƭ ƚŅ ƷŷĻ ĭźƷǤ Ʒƚ ğƭƭźƭƷ ǞźƷŷ ĻĭƚƓƚƒźĭ
ķĻǝĻƌƚƦƒĻƓƷ ğƓķ ĬǒƭźƓĻƭƭ ƦƩƚƒƚƷźƚƓ͵
As noted above, the Property is further located within the TOD District around the future transit station
core that builds momentum for other redevelopment, allowing for provisions today which will accomplish
the long-term vision of the commuter rail transit station. This district creates transit-supportive densities
within walking distance of the marina and the future transit station. Redevelopment of the Property with
high density residential development and a ground-floor retail component coincides with the goal
contemplated by the TOD district.
properties that have been rezoned to the MU-H district, as proposed by Petitioner. Specifically, the
Project is consistent with the high densities of the Marina Village Condominium to the east of the Property
and the Casa Costa project (f/k/a Promenade) to the north, which have been developed with high-density
residential projects and with the property at the southwest corner of Federal Highway and Ocean Avenue
which also allows residential densities of up to one hundred (100) dwelling units per acre. It is clear by
zoning district that high-density and mixed-use residential projects are desired for the Property as it is in
close proximity to the marina and future transit station. The Project proposes a high-quality development
that serves the redevelopment needs for this particular area of the City.
The request is necessary to redevelop this vacant lot with the Project which contains luxury residential
units that will serve the community. The proposed Project is compatible with development in the adjacent
areas with high-density residential development to the north and east, as well as the commercial
redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity
to both the Federal Highway thoroughfare, I-95 and the future transit station, making it an ideal location
for residential development as individual can easily commute from home to work. The Project will help
satisfy a community need and is compatible with surrounding residential and commercial development.
As such, the request is consistent with this criteria.
ΛźΜ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ƩĻƨǒĻƭƷ ƒĻĻƷƭ ƷŷĻ ƦǒƩƦƚƭĻ ğƓķ źƓƷĻƓƷ ƚŅ ƷŷĻƭĻ ƩĻŭǒƌğƷźƚƓƭ ĬǒƷ ĭƚƓŅƌźĭƷƭ ǞźƷŷ
ğƓƚƷŷĻƩ ƭźƷĻ ķĻǝĻƌƚƦƒĻƓƷ ƭƷğƓķğƩķ ƚƩ ƩĻƨǒźƩĻƒĻƓƷͲ źƓĭƌǒķźƓŭ ƭǒƭƷğźƓğĬƌĻ ķĻǝĻƌƚƦƒĻƓƷ ğƓķ ŭƩĻĻƓ
źƓźƷźğƷźǝĻƭ͵
The intent of this provision is to ensure there are active uses along pedestrian walkways and to create the
feeling of a vibrant, dynamic building along visible thoroughfares. Petitioner has designed the Project to
provide habitable space on the ground level along the entire Federal Highway frontage. By providing
ground level retail along the garage, Petitioner is creating an active pedestrian experience that will bring
life to this corridor. On the upper levels of the garage, Petitioner is requesting relief to allow for
uninhabitable space along the garage façade fronting Federal Highway. The garage has been designed to
continue the appearance of the residential units along this façade to create the same feel of livable space.
The garage area uses similar architectural features and designs which makes it difficult to distinguish the
habitable space from the inhabitable space that is the garage. The addition of habitable space along
Federal Highway would create a hazardous condition through the garage as ramps would be shorter and
steeper in order to accommodate additional habitable areas. Rather, Petitioner is creating the same
appearance of habitable space along the garage frontage by continuing the same architectural design
elements along the garage façade. As such, the relief requested complies with this criteria.
EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Ocean One
File number: CDPA 17-001 & 17-002
Reference: 5threview plans identified as a New Site Plan with a February 13, 2017 Planning
and Zoning Department date stamp marking.
INCLUDEREJECT
DEPARTMENTS
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
1. Approval is subject to approval of the concurrent applications for
Rezoning, New Site Plan and Abandonment.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
Ocean One (CDPA 17-001 & 17-002)
Conditions of Approval
Page 2 of 2
INCLUDEREJECT
DEPARTMENTS
CITY COMMISSION CONDITIONS
Comments: To be determined.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ocean One (CDPA 17-001 & 17-002)
APPLICANT: Davis Camalier, Ocean One Boynton LLC
APPLICANT’S ADDRESS: 9816 S. Military Trail, Suite C2-3, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2017
APPROVAL SOUGHT: Requests for a Community Design Appeal approval of 1) Chapter 3, Article III,
Section 5.C., “Build-to-line”, which requires buildings to be constructed with a
build-to-line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2)
Chapter 4, Article III, Section 6.F., “Off-Street Parking Area Standards”, which
requires facades of parking garages that front on an arterial or collector
roadway to be wrapped with habitable space.
LOCATION OF PROPERTY: 114 N. 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:
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
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NEW BUSINESS
7.A.4
Ocean One
(NWSP 16-002)
New Site Plan
Ocean One Staff Report (NWSP 16-002)
Memorandum No PZ 17-005
Page 2
North:Right-of-way for Boynton Beach Boulevard and farther north is a
developed mix use project (Casa Costa) zoned MU-H (Mixed Use-High);
South:Vacant land designated as Phase II of the Ocean One project and
farther south is right-of-way for Ocean Avenue;
th
East:Right-of-way for NE 6 Court and father east are developed properties
(First Financial Building) zoned CBD (Central Business District) and
Marina Village zoned MU-H (Mixed Use-High); and
West:Right-of-way for Federal Highway and farther west is developed
commercial properties zoned CBD (Central Business District). To the
southwest is the Ocean 500 project currently under construction and
zoned MU-H (Mixed Use-High).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject request were mailed a
notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with
Ordinance No. 04-007.
BACKGROUND
Proposal: Ms. Bonnie Miskel, agent for Ocean One Boynton LLC, is requesting
approval of several concurrent applications for the development of the
Ocean One project. The first application is to rezone the property from CBD
(Central Business District) to MU-H (Mixed Use-High), including a two-phase
master plan that would allow the construction of a total of 358 multi-family
residential units (rental apartments), a 120-room hotel and 12,075 square
feet of commercial space. The second application is for new site plan
approval for Phase I of the project (north portion), which proposes 231
dwelling units within an eight (8)-story building, 8,575 square feet of
commercial space, and associated recreational amenities and parking. The
next two (2) applications are for community design appeal; one for the
northernmost build-to-line deviation and the other for a deviation from the
requirement to completely wrap the parking garage along Federal Highway
with habitable space. Lastly, an application has been submitted for
abandonment of a portion of Boynton Beach Boulevard, east of Federal
th
Highway, and a ten (10) foot strip of NE 6
Court in exchange for a
dedication of a ten (10) foot strip of the west side of the property to the
Federal Highway right-of-way.
The one (1) block site in the heart of downtown is currently vacant and was
previously developed with a motel and bank. The Community
Redevelopment Agency is the owner of the northerly portion of the Phase I
site and has provided the applicant authorization to submit applications for
Ocean One Staff Report (NWSP 16-002)
Memorandum No PZ 17-005
Page 3
development. Phase II of the master plan (the southern portion of the site)
will be subject to separate site plan review.
ANALYSIS
Concurrency:
Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their
review and information and they have responded that the project is located
within the boundaries of the City of Boynton Beach TCEA (Traffic
Concurrency Exception Area) and therefore meets the Palm Beach County
Traffic Performance Standards. The traffic study was performed for both
phases, and indicates that the project would generate a total of 217 AM
Peak Hour trips and 310 PM Peak Hour trips.
School: The School District of Palm Beach County has confirmed that area schools
have adequate capacity to accommodate the potential public school
students who will reside in the proposed dwelling units with their families.
Utilities:The City’s water capacity, as increased through the purchase of up to five
(5) million gallons of potable water per day from Palm Beach County Utilities,
would meet the projected potable water for this project. Sufficient sanitary
sewer and wastewater treatment capacity is also currently available to serve
the project. The applicant will be making several upgrades to utility lines in
the vicinity of the project as part of the site development.
Police/Fire: The Police Department has reviewed the site plan and all review comments
have been acknowledged by the applicant and will be addressed at the time
of permitting. The Fire Department notes that they will be able to provide an
adequate level of service for this project with current or expected
infrastructure and/or staffing levels. Further plan review by Police and Fire
will occur during the building permit process.
Drainage:Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be adequate
and is recommending that the review of specific drainage solutions be
deferred until time of permit review. The developer will be constructing in
close proximity to the City’s 72” RCP storm line, and will be required to
inspect and video the line in advance and post construction (see Exhibit “C”
– Conditions of Approval).
Access:Three (3) points of ingress/egress are proposed for the project, one of which
is located on Federal Highway, near the midpoint of the block. This right-
in/right-out only driveway acts as a service drive, providing access to the
surface parking lot to the south, the garage entrance to the north, and also
thth
through access to NE 6
Court. The second is located on NE 6 Court at the
east terminus of the service drive noted above. The third driveway provides
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direct entry into the parking garage from NE 6 Court.
Sidewalks are provided completely around the site, with the sidewalk
Ocean One Staff Report (NWSP 16-002)
Memorandum No PZ 17-005
Page 4
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proposed along NE 6 Court at a minimum of 7 feet in width and 10 feet in
width along Ocean Avenue and Boynton Beach Boulevard. The sidewalk
along Federal Highway is proposed at 19 feet in width, within which
landscape planters would be spaced in rhythym along the front of the
building. Segments of the sidewalk along Federal Highway will be covered
by an arcade, with a minimum of 8 feet of clear/uninterupted walk
underneath. There are also two (2) separate plazas proposed to encourage
pedestrian interaction, with the first located at the NW corner of the site. A
second plaza is proposed in Phase II, at the SW corner of the block.
Parking:Off-street parking for the MU-H zoning district requires 1.33 parking spaces
for one-bedroom units and 1.66 parking spaces two (2) or more bedroom
units. Phase I of the project proposes 231 units (a mixture of one and two,
bedrooms), which would require 335 parking spaces. Additionally, the code
requires the provision of guest parking at a rate of 0.15 spaces per unit,
which adds another 35 parking spaces to the total. The commercial space,
which would allow a mix of retail, office and restaurant uses, requires one (1)
parking space per 200 square feet of gross floor area. The site plan
proposes 8,575 square feet of retail, thereby requiring an additional 43
parking spaces. Under this standard methodology for calculating required off-
street parking spaces, a grand total of 413 parking spaces would be
required. The site plan proposes 438 parking spaces, or an excess of 25
spaces. Regular parking space dimensions would conform to code
requirements for the CRA of 9 feet by 18 feet for 90 degree parking and 9
feet by 25 feet for parallel spaces. Handicap spaces would be dimensioned
12 feet wide by 18 feet in length.
The applicant is proposing a seven (7)-story parking garage that would
accommodate up to 359 vehicles. A resident gate would be placed at the top
of the first floor ramp, with a turnaround space for non-residents. The
developer will be required to comply with the City’s residential parking
requirements to ensure that the designated resident parking spaces are
reserved for, and made available to the residents, so that there is no reason
for residents to utilize guest and retail parking spaces. This requirement shall
be monitored and enforced by the developer (see Exhibit “C” – Conditions of
Approval).
A surface parking lot is located immediately south of the parking structure
and would accommodate 40 parking spaces. There are also five (5) parallel
parking spaces on the south side of the service drive off of Federal Highway,
and 34 spaces proposed on-street, around the perimeter of the site. Staff
notes that the parking and any landscaping proposed in state rights-of-way is
subject to FDOT approval (see Exhibit “C” – Conditions of Approval), and
that the provision of on-street parking is strongly promoted by staff, which will
support the applicant’s efforts with FDOT. Lastly, as parking for Phase I of
the project is depicted on the Phase II portion of the site, these parking
improvements will need to be constructed as part of the Phase I project and
a Unity of Title, Unity of Control or an alternative legal instrument acceptable
to the City Attorney will be required to be executed prior to issuance of any
permits (see Exhibit “C” – Conditions of Approval).
Ocean One Staff Report (NWSP 16-002)
Memorandum No PZ 17-005
Page 5
Landscaping: The Plant List (Sheets L1.00 & L1.01) indicates that the project would add a
total of 179 canopy and palm trees, 1,442 accent and shrub specimens, and
3,623 small shrubs/groundcover plants. All plant materials to be used in the
landscape design are required to be Florida number one grade and must be
identified as having “low” or “medium” watering needs in the South Florida
Water Management’s “Waterwise” publication. The proposed tree species
would include the following: Oak, Gumbo Limbo, Silver Buttonwood and
East Palatka Holly trees. Palm species would include Medjool Date,
Montgomery, Thatch, and Sabal.
Projects proposed in the Mixed Use High (MU-H) zoning district are subject
to the “Streetscape Design” portion of the landscape code regulations.
These code provisions recognize the desire for reduced building setbacks
and encourage building placement abutting the street, thus creating an
urban setting. The purpose of the “Streetscape Design” concept is to create
a landscape design that encompasses both the private and public domain, to
blend the two areas into one unified landscape scheme and pedestrian
experience. This is accomplished through hardscape and landscape
choices, covered walkways (arcades, awnings, tree canopy), and
streetscape amenities (benches/seatwalls, lighting, accent plantings). The
landscape design proposed by the applicant depicts the use of street trees
and covered arcades to create the streetscape theme, with the lower
landscape material placed at points along the building foundation and
between the street and sidewalk, in an effort to provide maximum clear
pedestrian pathways. The applicant has worked with staff to provide the
street trees and covered walkways necessary to meet the required 50%
shaded sidewalk along building frontages along arterial roadways. As noted
on the drawings the landscaping of the south portion of the master plan site
and along the rights-of-way will be accomplished as part of Phase I.
Building and Site: The proposed master plan site area totals 3.58 acres, while the site area of
Phase I is 1.93 acres, plus those components in Phase II to be completed in
Phase I. The dwelling units are located above the retail spaces fronting
Federal Highway and Boynton Beach Boulevard, and wrapping the ground
floor amenity deck, with the garage structure connected to the south end of
the mixed use building. The retail portion of Phase I of the project totals
8,575 square feet and borders the public plaza at the NW corner of the site.
The parking garage, as noted previously, has seven (7) levels of parking,
with dedicated resident parking beginning on the second level, behind gate
access and continuing to the top.
Of the 231 residential units, 152 are studio or one (1) bedroom and 79 are
two (2) bedroom units. The units range in size from a 560 square foot studio
unit to a 1,600 square foot, 2 bedroom/2 bath unit. Each unit also has a
balcony or terrace that either faces out towards the street or in towards the
courtyard.
Relative to the floor area ratio (FAR) regulations within the code, the Mixed
Use High (MU-H) zoning district has a maximum FAR of 4.0. The project is
Ocean One Staff Report (NWSP 16-002)
Memorandum No PZ 17-005
Page 6
also located within the “Transit Core” (1/4 mile radius of the station), which
requires that new development have a minimum density of 40 dwelling units
per acre and maximum of 100 dwelling units per acre (116.7 du/ac
proposed) and a minumum FAR of 2.0 (3.26 proposed). As the density
proposed in Phase I of the project relies upon the entire master plan site in
order to comply with the maximum density regulations, staff once again
notes the condition of approval requiring the applicant to record a Unity of
Title, Unity of Control or an alternate legal instrument acceptable to the City
Attorney prior to issuance of any permits (see Exhibit “C” – Conditions of
Approval). Phase II of the project proposes 127 dwelling units, in order to
comply with the maximum 100 dwelling units per acre for the entire site (358
units on 3.58 acres).
As noted earlier, the applicant is requesting the abandonment of a portion of
the right-of-way of Boynton Beach Boulevard east of Federal Highway
(ABAN 17-001). The area of request currently includes the pavered and
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landscaped sidewalk and right turn lane onto NE 6
Court. Projected traffic
volumes indicate the lane is not warranted, and therefore unnecessary. The
applicant will be providing the City a sidewalk easement to compensate the
loss of the existing improvements, and create an even more enhanced
pedestrian environment. Additionally, the request includes the abandonment
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of the west 10 feet of NE 6 Court, to compensate for the 10 feet of the
applicant’s property to be dedicated from the west side of the project to the
Florida Department of Transportation to expand the Federal Highway right-
of-way. This is intended to facilitate the provision of on-street parking as
requested by the City. Staff is recommending approval of the applications as
being in the City’s best interest.
Building Height: The maximum building height allowed in the Mixed Use High (MU-H) zoning
district is 150 feet. The proposed building elevations depict the typical roof
deck height of the residential building at 85.5 feet, with typical parapet walls
at approximately 90 feet. Tower elements/architectural treatments would
extend up to 110 feet, 40 feet below the maximum allowable height allowed
in the MU-H and comparable with previously approved projects in the
immediate vicinity. The Casa Costa project to the north has a roof deck at
142 feet, and roof elements extending to 167 feet in height, through approval
of a height exception. The Marina Village project to the east has a roof deck
at 144 feet, and roof elements extending to 168 feet in height, also acheived
through approval of a height exception. The 500 Ocean Project to the
southwest of the site was approved with a roof deck at 59 feet and tower
elements reaching 75 feet in height. The garage structure for Ocean One is
depicted with staggered and repeating parapet wall heights varying between
67 feet and 71.5 feet
Setbacks:The MU-H zoning district requires no building setbacks, but rather a zero (0)
build-to line. However, the building setbacks may be increased up to 15 feet
administratively, without benefit of a community design appeal, in areas
where the intent is to 1) enhance public spaces such as sidewalks, plazas,
fountains, or outdoor seating areas; 2) optimize landscape design; 3)
maximize on-site drainage solutions; and/or 4) accommodate architectural
Ocean One Staff Report (NWSP 16-002)
Memorandum No PZ 17-005
Page 7
features and building enhancements. This requirement would apply to all
building facades fronting on a street. The building setback is measured from
the property line to the exterior surface of the building or supporting
columns. Along Federal Highway, the proposed building setback along the
length of the building, with the 8 foot wide arcade, is between zero and one
foot to the arcade columns, and 10 feet in front of the garage, south of the
th
arcade. Along NE 6 Court, the building and balcony/terraces range in
setback from 3.1 feet to nearly 10.2 feet. The south side of the project is 266
feet from Ocean Avenue; however, the proposed Phase II buildings are
intended to meet the build-to line, with the exception of a grand landscaped
courtyard designed in the center. Finally, along the north property line
abutting Boynton Beach Boulevard, the setback varies from 15 feet to
certain building columns, to nearly 19 feet, and nearly 45 feet at the plaza.
This side of the building exceeds the allowable build-to requirement,
necessitating community design appeal approval, which the applicant
submitted for review (CDPA 17-002). The greater setback has allowed for a
more active pedestrian environment, greater opportunities for larger planting
areas to facilitate a grander planting scheme (allowing for the placement of
large Medjool Date palms and 24 foot tall Oak trees), and creating a more
prominent entry into the Marina District. A thorough review of the setbacks
and site design was conducted by staff, who concluded that the benefits
associated with the larger setback outweigh the requirement for the building
to be placed closer to the right-of-way.
Amenities: As noted above, the master plan depicts the inclusion of two (2) plazas
along Federal Highway, located at the NW and SW corners of the site. The
Phase I plaza is located at NW the corner (Federal Highway & Boynton
Beach Boulevard) and is 2,122 square feet, providing for a nice focal point
for the project and enhanced entrance to the Marina District. The project has
also been designed with a large interior pool courtyard for resident use,
containing the community pool, spa, summer kitchen/grill stations, outdoor
dining areas, fountain wall and lush tropical landscaping. The amenities
located within the building include a clubhouse with three (3) club rooms,
large screen TV’s, business center, concierge service and interior bike
storage. A separate health club is proposed fronting on Federal Highway.
The developer will also be working with Palm Tran of Palm Beach County to
relocate and create a new transit shelter, designed utilizing some of the
architectural characteristics of the mixed use project.
Design:The proposed building has a contemporary design, featuring a smooth
stucco finish, parapet roof with tower features, decorative cornices and
banding, modulation of the facades, balconies with decorative aluminum
railings, building score lines, stone veneers and trims, fabric awnings,
decorative grilles, arcades, and an earthtone color palette.
Lighting:The photometric plans (Sheets PH-1 & PH-2) include 35 freestanding pole
light fixtures, all of which would be 21.5 feet in height, with the light fixture at
18 feet, and designed to match the poles and light fixture design the City has
already adopted along the Casa Costa, 500 Ocean and Boynton Promenade
projects. The poles and fixtures would be constructed of cast aluminum,
Ocean One Staff Report (NWSP 16-002)
Memorandum No PZ 17-005
Page 8
black in color and the light fixtures would have a flat lens to ensure the on-
site illumination would not “spill over” onto adjacent properties and rights-of-
way as required by code. There are no spot readings in excess of the
maximum 5.9 foot-candles allowed.
Signage: Site and building signage has not been finalized and a Sign Program will
need to be approved for the site prior to requesting any sign permits for the
site (see Exhibit “C” – Conditions of Approval).
Public Art: The project is subject to the Art in Public Places requirement, and the
applicant has been in discussions with the Public Arts Administrator
regarding the art and its placement. The proposed location is the west
building elevation along Federal Highway. According to the proposed
construction estimates, the project would have an art budget of
approximately $283,500.
RECOMMENDATION
Staff has reviewed this request for a new site plan and recommends APPROVAL, subject to
approval of the accompanying applications and satisfying all comments indicated in Exhibit “C” –
Conditions of Approval. Any additional conditions recommended by the Board or required by the
City Commission shall be documented accordingly in the Conditions of Approval.
S:\\Planning\\SHARED\\WP\\PROJECTS\\Ocean One\\NWSP 16-002\\Staff Report.doc
EXHIBIT "A"
SITE LOCATION MAP
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N
NE
2nd
Ave
Blvd
n Beach
E Boynto
SITE
1st Ave
NE
Ocean Ave
E
1st Pl
SE
E 1st Ave
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t A
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S
0204080120160
Feet
Source: Palm Beach County GIS Digital Data 2006-2015
Copyright Palm Beach County Florida 2006-2015
All rights reserved - Subject to a Licence Agreement
ENLARGED TYPICAL LEVEL PLAN
ELEVATIONS
A4.0
ELEVATIONS
A4.1
BUILDING SECTIONS
A5.0
A-A
N.T.S.
B-BB-B
KEY PLAN
A-A
S L
PLANT N
ELL L T PT NAL
" LAYER ST NE BEL RATE TE AS ED R ER R K N TREE
PEN N
S L
PLANT N
TREE R PALM TR NK ENTER N PEN N
" LAYER TE AS ED PEN N LE EL T RATE
R ER R K N TREE
P
N
ABE
D
L
KP
N
M
P
KPP
M
K
K
LLAP
KK
A
A
L
KP
A
P
P
A
L
A
P
D
E
A
A
L
K
L
K
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P
M
P
P
M
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P
K
PP
Cast from 100%
recycled Iron,
opening for pedestriansafety and A.D.ACompliance.
1/4 Maximum slot
N
P
L
K
K
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two sections. Two
covers as shown.
72" x 72" tree grate in
lightwells with bolted
P
N
TREE GRATE
7208-1STARBURST
N
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B
A
EXHIBIT “C”
Conditions of Approval
Project Name: Ocean One
File number: NWSP 16-002
th
Reference: 5 review of plans identified as a New Site Plan with a February 13, 2017 Planning
and Zoning Department date stamp marking.
INCLUDEREJECT
DEPARTMENTS
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Please note if triggered in the pending FDOT pre-application
letter, a 12 foot wide right turn lane with appropriate storage and
transition shall be provided on Federal Highway. If the turn lane is
not required, a 30 foot turning radius shall be provided in the
permitting phase.
2. Proposed bus shelter/stop location is contingent upon Palm Tran
approval. Please coordinate with Palm Tran.
3. At time of permit submittal, please demonstrate compliance with
ADA requirements for H/C parallel parking space along Federal
Highway.
4. Developer will be responsible for replacement of existing FPL
Street lighting adjacent to site with underground decorative street
lighting to match existing poles and fixtures adjacent to property at
Boynton Beach Boulevard.
5. At time of permit submittal, please demonstrate sight lines meet
FDOT Standard Index 546 for the sight triangles along Federal
Highway.
6. Please note that the City will require the 72” RCP storm line to be
inspected via diver (pre and post construction) at the applicant’s
cost. Dive shall be video recorded and findings presented in a
report.
7. At time of building permit submittal, please provide specific details
on how the footer will be built to prevent damaging the City’s 72”
RCP storm pipe.
8. Please provide a proposed addressing plan. Addressing plan
indicating all possible addresses for site, including all commercial
spaces and units is required, prior to submittal of building permits.
Ocean One (NWSP 16-002)
Conditions of Approval
Page 2 of 4
INCLUDEREJECT
DEPARTMENTS
9. Where public sidewalk is provided on private property, a 5 foot
wide or larger easement will be required to be dedicated to the
City prior to issuance of any permits. Indicate location of all public
access easements and on all cross sections.
10. Any public drainage system that crosses on to private property will
require a drainage easement.
11. Any existing easements, but specifically FPL, located on the
property not proposed to be retained, will have to be vacated prior
to permit issuance for building.
12. The existing 6-inch AC pipe along U.S.1 will be removed;
therefore, the proposed fire hydrant cannot be connected to that
line, as depicted. Per our last meeting on October 12, 2016, the
following alternatives were proposed by the Utility Director:
a. Remove and replace the existing line, and connect the
hydrant to the new line, or
b. Extend the water main from the fire hydrant on SW corner of
the property to the U.S. 1 entrance, and connect the
proposed fire hydrant.
13. The Developer shall, upon completion of the site improvements,
install a ¾” course of Type S-III asphalt on Boynton Beach
Boulevard, from Federal Highway’s eastern edge of pavement to
the concrete header curb forming the paver crosswalk at NE 6th
Court. This requirement serves to overlay the existing road and
conceal the road repairs resulting from the Developer’s
connecting with utilities under the paved road.
14. Each restaurant shall have its own grease trap.
15. At time of permit submittal, please provide an additional utility
sheet that only shows site plan and proposed work.
FIRE
Comments: All previous comments addressed at DART meeting.
POLICE
Comments: All previous comments addressed at DART meeting.
BUILDING
Comments:All previous comments addressed at DART meeting.
Ocean One (NWSP 16-002)
Conditions of Approval
Page 3 of 4
INCLUDEREJECT
DEPARTMENTS
PARKS AND RECREATION
Comments:
16. Per City Ordinance, the Park Impact Fee is based upon a factor of
$595 per unit for multi-family dwellings. Based upon the proposed
231 units in Phase I, the fee will be $137,445 (231 X $595). The
fees associated with Phase II will be determined at time of site
plan submittal for that portion of the site.
PLANNING AND ZONING
Comments:
17. It is the applicant’s responsibility to ensure that the application
requests are publicly advertised in accordance with Ordinance 04-
007 and Ordinance 05-004 and an affidavit provided to the City
Clerk and Planning & Zoning.
18. The garage shall be lined with commercial spaces on Federal
Highway and wrapped on upper floors by habitable space
anywhere the project has frontage on a public street per the LDR,
Chapter 4, Article 3, Section 6.F.2.d., or an application for
Community Design Plan Appeal must be approved as part of the
project approval.
19. On Sheet C4.00 and the Master Plan, the building setback from
the north property line appears to be approximately 19 feet. The
build-to line required for Mixed Use High zoning is zero (0) feet,
with an allowance of up to 15 feet for various design
considerations. An application for Community Design Plan Appeal
must be approved as part of the project approval in order to
deviate from this design detail.
20. With the provision of the turnaround space at the gate in the
parking garage, one parking space was lost, reducing the parking
on that level from 55 to 54, total garage parking from 360 to 359
spaces, and reducing the excess parking to 25 spaces. At time of
permitting, please revise all sheets to correspond accordingly.
21. Since Phase 1 of the project relies upon the entire site to meet the
density and parking requirements, a Unity of Title, Unity of
Control, or an alternate legal instrument acceptable to the City
Attorney will be required for the entire site prior to the issuance of
any permits.
22. At time of permit submittal, please provide a narrative explaining
how parking will be monitored to ensure residents are not parking
in guest and retail parking spaces.
Ocean One (NWSP 16-002)
Conditions of Approval
Page 4 of 4
INCLUDEREJECT
DEPARTMENTS
23. Please know that on-street parking is supported by this Division,
and that parking and any landscaping proposed in the Federal
Highway right-of-way is subject to FDOT approval. Should any
changes result from FDOT permitting in the design or number of
parking spaces, the site plan will be required to be modified
accordingly.
24. Clearly depict any proposed sign band where signage will be
allowed on the building. As depicted, the sign locations do not
appear to meet code. A subsequent site plan modification may be
necessary for facade changes to accommodate tenant signage.
25. A Sign Program will be required for building identification and
tenants.
26. Any review and approval of the project is subject to approval of
the concurrent right-of-way abandonment request.
COMMUNITY REDEVELOPMENT AGENCY
Comments:
27. Please ensure a well-designed parking sign plan is in place to
direct the public to parking entry.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\\Planning\\SHARED\\WP\\PROJECTS\\Ocean One\\NWSP 16-002\\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ocean One (NWSP 16-002)
APPLICANT: Davis Camalier, Ocean One Boynton LLC
APPLICANT’S ADDRESS: 9816 S. Military Trail, Suite C2-3, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2017
APPROVAL SOUGHT: Request for New Site Plan approval for multi-family residential (rental
apartments) consisting of 231 dwelling units within an eight (8)-story building,
retail space, and associated recreational amenities and parking on 1.93 acres.
LOCATION OF PROPERTY: 114 N. 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:
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\\Ocean One\\NWSP 16-002\\DO.doc