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Agenda 08-22-17 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday,August 22, 2017 TIME: 6:30 PM PLACE: City Hall Chambers 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes from Planning and Development Board Meeting meeting 4.A. Approve minutes of 07-25-17 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Article VI I I Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP requirements. City initiated. 7.B. Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-007) —Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi-family Residential Zoning District including amendments and additions to definitions, and use and lot standards. City initiated. 7.C. (1)Approve The Villages at East Ocean Avenue - North Future Land Use Map Amendment(LUAR 17-002) from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B. D'Almeida (2) Approve The Villages at East Ocean Avenue - North Rezoning (LUAR 17-002) from C-2 Neighborhood Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District with a proposed site plan for 336 multi-family units and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida 7.D. Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17- 006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. Applicant: Arthur B. D'Almeida. 7.E. Approve The Villages at East Ocean Avenue - North Major Site Plan Modification (MSPM 17- 003) request for a mixed-use development consisting of an eight (8)-story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida Page 1 of 206 7.F. (1) Approve The Villages at East Ocean - South Future Land Use Map Amendment (LUAR 17- 003) from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida (2) Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi- family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida 7.G. Approve The Village at East Ocean Avenue - South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. Applicant: Aurther D'Almeida 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 of her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Page 2 of 206 4.A. Approval of Minutes 8/22/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve minutes of 07-25-17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 7-25-17 Minutes Page 3 of 206 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 25, 2017, AT 6:30 P.M. PRESENT: STAFF: David Katz, Chair Mike Rumpf, Planning & Zoning Director Kevin Fischer, Vice Chair Hannah Matras, Senior Planner Susan Oyer, Alternate Andrew Mack, Director of Development Andrew Podray James Cherof, City Attorney Trevor Rosecrans Lisa Edmondson, Prototype, Recorder Ryan Wheeler Floyd Zonenstein ABSENT: Stephen Palermo Nicholas Skarecki, Alternate Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance. 2. Roll Call Roll was called and it was determined a quorum was present. 3. Agenda Approval Upon Motion duly made and seconded, the Agenda was approved. In a voice vote, the motion passed unanimously (7-0). 4. Approval of Minutes from June 27, 2017, meeting Motion made by Mr. Wheeler, seconded by Mr. Zonenstein, to approve the June 27, 2017, minutes. In a voice vote, the motion passed unanimously (7-0). 5. Communications and Announcements: Report from Staff Mr. Rumpf reported that there was only one City Commission meeting in July, and Boynton Village and Town Center Master Plan and Site Plan were approved with Board conditions. Group Homes and Parking Amendment items were approved on second reading and are now in effect. Also, for amendments to the Conference Plan and Page 4 of 206 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 Future Land Use Elements, text amendments were processed for goals, objectives, and policies, mostly updating per the CRA Plan. Other items of business: • Promotion of public meetings scheduled for the Town Square project (Item 7.A.1. below), the City is engaging in a public/private partnership development team as part of the process of the design stage. (Flyer handed out for public workshops.) • Every three years the City is required to undergo ethics training; package was provided for online training. 6. Old Business Ms. Oyer had additional information on LED streetlights as mentioned in the last meeting; CNN article printouts given to Board.. 7. New Business A.1 . Town Square (LUAR 17-005) — Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. Applicant: City-initiated. Ms. Matras presented the location map for the project, which includes the entire civic campus plus one private property occupied by a condominium. The action was initiated by City Staff, in preparation for development of the civic campus, proposed as a partnership between City CRA and a private development team. There is no formal Master Plan application for the project that usually accompanies private zoning applications. As the site exceeds ten acres, once approved by the City Commission, it must go for State review, which may take six weeks. The proposed classification is Mixed-Use Medium, which is the new future land use category. Actions require completion of amendments to the Comprehensive Plan, and also amendments to the Land Development Regulations. The site is split between two CRA districts, the cultural district and the Boynton Beach Blvd. district. Ms. Matras explained the current and proposed zoning designations. The regulatory framework for the requested classification for the zoning district has not yet been updated, as it goes to the State for completion of the review, after which it will require 31 days before the amendment is in effect. Land development regulations are being drafted, and approval is anticipated September 19tH Chair Katz opened the floor for public comments: • Mike Fitzpatrick had several questions: 2 Page 5 of 206 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 o Is mixed use maximum 50 units per acre? Ms. Matras stated maximum zoning density is 50 units per acre, but because this is in the transitory and development districts an additional 25% is allowed, or 63 units per acre. o What about greenspace/park standards? Mr. Rumpf explained the park impact fee is based upon type of unit, total units, and then implemented into park services or facilities in the City, not as an isolated piece; however, it could be taken into consideration later. This is done at construction stage, as part of the permit process. o Regarding the Bert Harris Law, rezoning upward is a gift to the owner, but if downzoning, the owner must be compensated for the loss. Mr. Rumpf said that is a simplified view, that the law is based on taking all useful value of the property into consideration, and went on to explain the law. o Discussion followed on future interpretations of the Master Plan, returning to the fact that this is a CRA plan, which can be amended, and a part of a partnership program. The Master Plan will be open to public review as part of a workshop series. • Barbara Ready wondered what MPO had to say about the train station that is supposed to handle the increase in density? Mr. Rumpf commented that Boynton Beach is building for a future that will support an eastern commute along the southeast Florida coast, and this is the proper way to plan for growth, even up to 15 years ahead. Discussion followed regarding planning for the inevitable growth of the area, as well has building height limits along Ocean Avenue and greenspace ratio in the comprehensive plan. Ms. Ready registered opposition to any increase in density. Chair Katz closed the floor to public comments, and asked for Board input. Ms. Oyer had several issues to address: • Presented information from Tri-Rail Coastal Link MPO (December 2016), along with information from emails from former Commissioner Fitzpatrick to Palm Beach County MPO answering questions about timeline, expressing concerns over the 25-year timeline and the cost in light of other budgetary demands such as pensions, etc. • Questions about traffic and roundabouts to handle expected density. Chair Katz stated that is a Master Plan issue, not ready to address that issue yet. • Land use pattern states it is part of the public welfare, yet public doesn't seem to want it; why is it being done before public input meetings? o Mr. Rumpf stated this is an implementation of a CRA plan, more detail is needed, and additional steps will be taken for public involvement, in addition to workshops. • Availability of public services and infrastructure, in particular traffic and schools. 3 Page 6 of 206 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 o Ms. Matras stated this is part of the Master Plan, and the Palm Beach County School District will address the issue at that time. • Two stories on Ocean Avenue can potentially be higher, had many questions on this right next to the Children's Museum. o Mr. Rumpf explained the stages of addressing the Master Plan changes, including overlay regulations; Staff currently working to maintain development scheme as consistently as possible. • Protection of historic buildings such as Old High School and Children's Museum. o Mr. Rumpf said the intention is to preserve the buildings, national and local registries are in place, as well as other criteria. Provisions are in writing. • Commercial and industrial land supply. o Ms. Matras said mixed-use zoning includes commercial uses where none were before. Mr. Fischer had issues with incorporating historical buildings (such as the Old High School) into Future Land Use map to assure another level of protection for these buildings. Ms. Matras said there is a map for historically designated properties. Mr. Wheeler wondered what happens if the Land Use Change goes through and then the Town Square Project agreements can't be made. Mr. Rumpf said it will lay the groundwork for some future partnership and the City is still interested in implementing this aspect of the CRA Plan, realizing the value of the land and efficient development. Chair Katz addressed several issues: • Buildings to be saved — Old High School, Children's Museum, Library, Kids Kingdom, Amphitheater — some will be saved in place, others may be relocated to a Civic Square Plaza/public space as shown on the conceptual plan. Wants to make sure these parcels are not torn down, carved up, and rezoned. • Process for school concurrency, Ms. Matras stated the school concurrency process has been changed, now called School Capacity Determination, and a developer has to apply in order for the School District to voice an opinion. • Two stories on Ocean Avenue, when was this agreed to? Mr. Rumpf explained the design standards, general maximum height at street (build-to line/pedestrian zone) is 35 feet; set back farther can go up higher with remainder of building. Two stories equal about 35 feet. Mr. Rumpf explained the project by looking at it as not under public ownership, but as a privately-owned endeavor, in terms of density (gross density minus public roads), varying land uses combined into a whole, to determine development thresholds. Then it is no different than City being the developer. Master Plan process will address conservation of the historic buildings, which is a common tool to set groundwork in place for property to be developed in future, consistent with Master Plan and CRA plan, joining adjacent properties to avoid being used inconsistently with the vision/plan. 4 Page 7 of 206 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 Chair Katz reopened floor to public comments: • Dana Kaufman asked for assistance reading the map, wanting to know where her personal property is in relation to the subject amendment. Mr. Rumpf said NW Seacrest and NW 1" are due west of the Town Square Project, and that the radius as given was for public notification purposes. There is no current plan to convert NW 1St, and Ms. Kaufman was encouraged to learn more about the Boynton Beach Blvd. District and CRA's plans for that corridor. Chair Katz closed floor to public comments and asked for motion on Item A.1. Motion made by Mr. Podray, seconded by Mr. Zonenstein, to approve LUAR 17-005 as is. In a roll call vote, the motion failed (2-5) with Chair Katz, Mr. Fischer, Ms. Oyer, Mr. Rosecrans, and Mr. Wheeler dissenting. Discussion: Chair Katz stated he would vote no because of discomfort over the items mentioned above. B.1. Workforce Hous ng (CDRV 17-004) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to modify definitions that regulate the Workforce Housing Program, and Chapter 1, Article V, Section 2, Workforce Housing Program, to convert mandatory inclusionary zoning program to a voluntary density and height bonus program. Applicant: City-initiated. Mr. Mack gave background on the amendments to the Land Development Regulations. Staff has addressed the matter at a public workshop on April 19th and the June 6th City Commission meeting for draft changes. A combination of those changes is now before this Board, with an additional height bonus previously not included. A presentation on short term and long term (future) objectives followed, updating data from 2007, to encourage workforce housing. Key changes are conversion from mandatory to voluntary program, incentives, utilizing density bonus (DTODD), height bonus, adjusting set-aside percentages, adding in lieu fee option for rental projections, and adjustment to duration of restrictive covenants. Chair Katz opened the floor to public comments: • Mike Fitzpatrick wondered what the parameters are for workforce housing. Mr. Mack said it is based on income levels, anything 80% or below average median income is low income, 80%-120% of average median income is workforce which would qualify for this program. Examples and explanations of calculations for this program followed. Palm Beach County's average median income is $68,000, so compared to neighboring communities, there is a $19,000 to $20,000 difference between Boynton Beach's average median income and the County's. Averaging out resales with condos, there is quite a bit of product still 5 Page 8 of 206 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 available that would qualify for workforce housing. Ms. Matras explained that there isn't data for how many housing units are available for sale at any time for workforce housing, and sales data is also limited; however, rental market rates are high for what an average city resident can afford. When asked how the Boynton Beach program would compare with other communities in the county, Mr. Mack said one size does not fit all; the County program is geared toward mandatory compliance, Boynton's will be voluntary with a narrow target area. Chair Katz closed the floor to public comments, and asked for Board input. Mr. Fischer wondered about the existing 25% density bonus. Mr. Mack said if the density bonus is requested, it would be mandated to require that workforce housing be put in at 10% of the total units. Ms. Oyer had several issues: • With the story increase, especially when adjacent to historical buildings, such as the Children's Museum. Mr. Mack explained that the change does not mandate where the buildings have to go, it allows the additional two stories in the height and would be dealt with in the Master Plan process. Mr. Mack further stated that the Commission approved the contract based on the concept drawing, which is the Master Plan currently before the public. Public workshops are vetting that plan, as well as more public input before this Board and two readings at the Commission. Staff is still working with developer to make changes to better the plan. • Compatibility issues are not concerning the whole City, just the area in question. In future, there may be other density bonuses City-wide. • Not charging enough for payment in lieu, should be promoting workforce housing and it should not be so cheap to get out of doing it. Mr. Mack stated there is a balance; if it is too high, interest could be lost, as it is a voluntary program. • Keep in mind many older condos are age restricted and would not be available to younger people. Mr. Podray recommended that this Board not think of the workforce housing mandate as only a feel-good concept, and explained the workforce housing concept in adjoining cities. Speaking as a developer, Mr. Podray contended that offering cheap housing product penalizes the people it is supposed to help, and gave several examples to support that position. A suggested message to the Commission should be this does not benefit the poor, this does not benefit the City from a tax base, and does not help the developer. If this item is passed, a secondary option is on pages 32 and 39, to go over the bypass, that is, where developers can pay the City a fine to develop these units and not provide workforce housing, that the fine be reduced to nothing so the workforce housing can be kept, but with the zero fine developers can still make money, the "right" people are attracted to the downtown core, and property values are raised across the City. 6 Page 9 of 206 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 Chair Katz apologized to Staff for the Board tearing their hard work to shreds, as Staff got direction from the City Commission for this project and have worked hard on it, but this is part of the process. Chair Katz has felt it is onerous for a governmental agency to put upon the developer the need for workforce housing. However, this item is for the change from mandatory to voluntary. In considering going from a 30- to 15-year covenant, it could be a lot shorter, perhaps five years. Chair Katz agreed with Mr. Podray's assessment for the most part. Mr. Mack said one developer is doing micro- units that are targeted to millennials, reducing the value/cost by way of smaller units, which makes incentives attractive to developers to still meet profit margins. This project is somewhere in the middle, and it works; Mr. Mack would recommend it to the Commission. Ms. Matras added that with inclusionary zoning programs in other cities, some worked better than others. Thirty years is standard for workforce housing, and five years doesn't make sense to have housing stock that is renewable and stays affordable. Mr. Mack explained deed restrictions, that typically an owner stays in a residence for seven years, so 15 years would be two generations of a housing cycle. An alternative could be looking at surety or other ways without putting a deed restriction. Mr. Podray suggested that a five-year mandate would cause a frenzy of people trying to buy units at, say, $150,000 to wait out the five years and flip them for $400,000; the best way to approach this would be to take the payment in lieu and reduce it by 90%. The City would pick up extra tax dollars, the developers would not build affordable housing, ultimately increasing the value of the current affordable housing, for a win across the board. Motion made by Mr. Fischer, seconded by Mr. Rosecrans, to approve CDRV 17-004 with condition that Footnote 16, Chapter 3, Article 3, Table E be amended to reflect that the density bonus is contingent upon the Workforce Housing Program. In a roll call vote, the motion passed (5-2) with Mr. Podray and Mr. Wheeler dissenting. Discussion: Chair Katz stated he would vote for this because Staff did a lot of work and there would be further discussions by others who will take this Board's concerns into consideration. 8. Other— None 9. Comments by Members -.. None 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 8:03 p.m. Attachments: Flyer for public workshops on Town Square Project CNN Article re: LED Streetlights 7 Page 10 of 206 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 25, 2016 Tri-Rail Coastal Link MPO (December 2016) Emails from former Commissioner Fitzpatrick to Palm Beach County MPO [Minutes prepared by M. Moore, Prototype, Inc.] 8 Page 11 of 206 7.A. New Business 8/22/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Article VIII Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP requirements. City initiated. EXPLANATION OF REQUEST: In 1982, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) report that identified special flood hazard areas in the City. Recently, FEMA completed a re-evaluation of flood hazards in Palm Beach County. FEMA provided the City with preliminary and revised preliminary copies of the FIRM and FIS report on May 31, 2013 and August 18, 2014, respectively, that identified existing flood hazards in the City. As part of this process, FEMA conducted a series of four (4) public workshops in Palm Beach County; of which one (1) was hosted at the Boynton Beach Library program room. The workshops were intended to provide the public an opportunity to view maps, obtain technical assistance, and ask questions of FEMA consultants, County, and City staff. Notice was subsequently published in the Palm Beach Post, the Sun Sentinel, the Town Crier, EI Latino, and the Palm Beach Daily News on or about December 26, 2014 and January 2, 2015. An additional publication was completed in the Federal Register on November 10, 2014. The 90-day appeal period, which began upon the publishing of the second notice, has ended and FEMA did not receive any appeals during this time. Hence, the Flood Hazard Determination is considered final and the Flood Insurance Study and Flood Insurance Rate Maps will become effective on October 5, 2017. On April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps (FIRM), and the requirement to adopt aforementioned items by reference within six(6) months. In addition the City is required, prior to October 5, 2017, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.) by the effective date of the F I RM. The proposed amendments to Chapter 1, 2, and 4 of the L D R is provided in their entirety in Exhibit"A, B, and C" respectively, along with a list of F I RM Maps and the F I S Report in Exhibit"D". The most notable amendments are summarized below: • Reorganization and update of flood related definitions for clarity and compliance with NFI P. • Reorganization and update of flood related requirements/standards for clarity and compliance with NFIP. • Striking of redundant provisions that are now included in the Florida Building and Residential Code. • Insertion of flood specific requirements for variances according to NFIP. Page 12 of 206 • Clarification of designated Flood Plain Administrator and duties. • Listing of specific federal and state permits that may be required. • Requirement for issuance of development permits or approvals other than buildings and structures that are exempt from the Florida Building Code. • Adoption by reference of the October 5, 2017 F I RM Maps and F I S report. All FIRM Maps and FIS Report are available online for viewing at http://msc.fema.gov/portal/advanceSearch Staff is recommending approval of the proposed code amendments as required by the NFIP and to update reference to the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate Maps. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? City currently participates and manages the National Flood Insurance Program and does not anticipate any changes to programs or services. FISCAL IMPACT: Budgeted Continued participation through the National Flood Insurance Program affords all City residents in a special flood hazard area a discount of 15% on flood insurance premiums. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Letter FEMA Letter of Final Determination D Exhibit Exhibit"A" ® Chapter 1—Article I I_Definitions and Article VIII_Section 1.D Apppeals Exhibit Exhibit"B" ® Chapter 2_Article IV—Section 2 and 4—Building4—Building Permit and Variances D Exhibit Exhibit"C" ® Chapter 4—Article X food Prevention Requirements D Exhibit Exhibit"D" ® List of FIRM Maps and FIS Report Page 13 of 206 REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 8/15/2017® 4:24 PM Planning and Zoning Mack, Andrew Approved 8/15/2017® 4:52 PM Planning and Zoning Groff, Colin Approved 8/17/2017® 4:20 PM Assistant City Manager Groff, Colin Approved 8/17/2017® 4:21 PM City Manager Pyle, Judith Approved 8/17/2017® 4:30 PM Page 14 of 206 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-029 TO: Chair and Members Planning & Development Board FROM: Andrew P. Mack, P.E., Director of Development ' � DATE: August 2, 2017 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Article VIII, Section 1.D, Appeals, to update definitions and administrative official that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article IV, Sections 2 and 4, to update Building Division processes that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article X, to update standards, adopt Flood Insurance Rate Maps, and Flood Insurance Study that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback to meet original objectives or new vision. The proposed amendment would support item 44. BACKGROUND In 1982, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) report that identified special flood hazard areas in the City. Recently, FEMA completed a re-evaluation of flood hazards in Palm Beach County. - 1 - Page 15 of 206 On May 31, 2013 and August 18, 2014 respectively, FEMA provided the City with preliminary and revised preliminary copies of the FIRM and FIS report that identified existing flood hazards in the City. Notice was subsequently published in the Palm Beach Post, the Sun Sentinel, the Town Crier, El Latino, and the Palm Beach Daily News on or about December 26, 2014 and January 2, 2015. An additional publication was completed in the Federal Register on November 10, 2014. The 90-day appeal period, which began upon the publishing of the second notice, has ended and FEMA did not receive any appeals during this time. Hence, the Flood Hazard Determination is considered final and the Flood Insurance Study and Flood Insurance Rate Maps will become effective on October 5, 2017. On April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps (FIRM), and the requirement to adopt aforementioned items by reference within six (6)months. In addition the City is required, prior to October 5, 2017, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.)by the effective date of the FIRM. PROPOSED DEVELOPMENT STANDARDS The proposed amendments to Chapter 1, 2, and 4 of the LDR is provided in their entirety in Exhibit"A, B, and C" respectively, along with a list of FIRM Maps and the FIS Report in Exhibit "D". The most notable amendments are summarized below: • Reorganization and update of flood related definitions for clarity and compliance with NFIP. • Reorganization and update of flood related requirements/standards for clarity and compliance with NFIP. • Striking of redundant provisions that are now included in the Florida Building and Residential Code. • Insertion of flood specific requirements for variances according to NFIP. • Clarification of designated Flood Plain Administrator and duties. • Listing of specific federal and state permits that may be required. • Requirement for issuance of development permits or approvals other than buildings and structures that are exempt from Florida Building Code. • Adoption by reference the October 5, 2017 FIRM Maps and FIS report. All FIRM Maps and FIS Report are available online for viewing at htlp:Hmsc.fema.gov/portal/advanceSearch. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendments as required by the NFIP and to update reference for the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate Maps. Attachment S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-005 Flood Ordinance\Staff Report-Flood Ordinance.docx -2- Page 16 of 206 a� ARr Washington, D.C. 20472 IN REPLY REFER TO: 19P April 5,2017 The Honorable Steven Grant Community: City of Boynton Beach, Mayor, City of Boynton Beach Palm Beach County, City Hall Florida 100 East Boynton Beach Boulevard Community No.: 120196 Boynton Beach,Florida 33435 Map Panels Affected: See FIRM Index Dear Mayor Grant: This is to notify you of the final flood hazard determination(FHD)for the City of Boynton Beach in compliance with Title 44, Chapter I,Section 67.11, Code of Federal Regulations (44 CFR 67.11). This section requires that notice of final FHDs shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency,and shall be published in the Federal Register. On September 30, 1982,the Department of Homeland Security's Federal Emergency Management Agency(FEMA)issued a Flood Insurance Rate Map(FIRM)that identified the Special Flood Hazard Areas (SFHAs),the areas subject to inundation by the base(I-percent-annual-chance)flood, in your community. Recently, FEMA completed a re-evaluation of flood hazards in your community. On May 31,2013,and August 18, 2014,FEMA provided you with Preliminary and Revised Preliminary copies,respectively, of the FIRM and Flood Insurance Study(FIS)report that identify existing flood hazards in your community. The proposed FHDs for your community were published in the Palm Beach Post, the Sun Sentinel, The Town Crier,El Latino,and the Palm Beach Daily News on or about December 26,2014,and January 2, 2015; and in the Coastal Star on January 3,2015,and in the Federal Register, at Part 67,Volume 79,Pages 66733, on November 10,2014. The statutory 90-day appeal period,which was initiated on the second newspaper publication date cited above,has ended. FEMA did not receive any appeals of the proposed FHDs during that time. Accordingly,the FHDs for your community are considered final. The final notice for FHDs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on October 5, 2017. Before the effective date,FEMA will send you final printed copies of the FIRM and FIS report. Because the FIS report establishing the FHDs for your community has been completed,certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968,as amended, within 6 months from the date of this letter. It must be emphasized that all the standards specified in Paragraph 60.3(e)of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS report and FIRM to which the regulations apply and other modifications made by this map revision. Some of Page 17 of 206 2 the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(e); 2. Adopting all the standards of Paragraph 60.3(e)into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(e). Also,prior to October 5, 2017, your community is required, as a condition of continued eligibility in the National Flood Insurance Program(NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.)by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. Many States and Communities have adopted building codes based on the International Codes (I-Codes); the model I-Codes (2009 and more recent editions) contain flood provisions that either meet or exceed the minimum requirements of the NFIP for buildings and structures. The model codes also contain provisions, currently found in an appendix to the International Building Code,that apply to other types of development and NFIP requirements. In these cases, communities should request review by the NFIP State Coordinator to ensure that local floodplain management regulations are coordinated(not duplicative or inconsistent)with the State or Local building code. FEMA's resource, Reducing Flood Losses through the International Code: Coordinating Building Codes and Floodplain Management Regulations, 4`h Edition (2014)provides some guidance on this subject and is available at htt salt -w.fe a,govt edia-librarylassets/docu ts/966 41 Please note, any enclosed correspondence from the State Floodplain Manager is provided to assist States and communities in coordinating to meet State requirements. Its inclusion with this determination should not be construed as FEMA's specific endorsement of its contents. Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(x) of the Flood Disaster Protection Act of 1973 (Public Law 93-234)as amended. In addition to your community using the FIS report and FIRM to manage development in the floodplain, FEMA will use the FIS report and FIRM to establish appropriate flood insurance rates. On the effective date of the revised FIRM,actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. In general, flood insurance rates increase as the lowest floor elevations (including basements)of new and substantially improved structures decrease in relation to the BFEs or base flood depths (if determined). This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. Page 18 of 206 3 To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions (SOMA) to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment [LOMAs], Letters of Map Revision [LOMRs]) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1) LOMCs for which results have been included on the revised FIRM panels; (2)LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the Special FIood Hazard Area as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and(4)LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process Iike the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and wiII become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. The FIS report and FIRM for your community have been prepared in our countywide format,which means that flood hazard information for all jurisdictions within Palm Beach County has been combined into one FIS report and FIRM. When the FIS report and FIRM are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials,where they will be available for review by your community The FIRM panels have been computer-generated. Once the FIS report and FIRM are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange(FMIX),toll free, at 1-877-FEMA MAP (1-877-336-2627). In addition,your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. For assistance with your floodplain management ordinance,please contact the Florida Division of ]Emergency Management by email at floods. dinance Le e orida. . For general assistance with floodplain management,contact Steve Martin,NFIP State Coordinator for Florida by telephone at (850) 413-9960 or by email at ste.r °t` Pity orida.co If you should require any additional information,we suggest that you contact the Director,Federal Insurance and Mitigation Division of FEMA in Atlanta, Georgia, at(770)220-5200 for assistance. If you have any questions concerning mapping issues in general or the enclosed SOMA,please call our FMIX at the toll free number shown above. Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the National Flood Insurance Program,Frequently Asked Questions Regarding the Effects that Revised Flood Hazards have on Existing Structctres, Use of Flood Insurance Page 19 of 206 4 Study(FIS)Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling our FMIX. Sincerely, Luis Rodrigd�&,-iE., Chief Fnginecring Management Branch Federal Insurance and Mitigation Administration Enclosure: Final SOMA Adoption of NFIP-Compliant Hood Ordinances with the FBC cc: Community Map Repository Mr. Shane Kittendorf, Floodplain Administrator, City of Boynton Beach Page 20 of 206 EXHIBIT "A" Chapter 1, Article 11, Definitions and Article VIII, Section 1.13 Appeals. AREA A O SHALLOW T T OW F !1llilING coo "Flood, ccr-v Are of Shallow Flooding." " AREA A O SPECIAL FLOOD OOD HAZARD Coo "Flood, Speeial Flood uazar-d Are--." BASE FLOOD - See "Flood, Base Flood." BREAKAWAY MIALL A wall that is not pai4 of the stmetur-al stippai4 of the building and is intended to eallapse withatit eatising damage to the elevated pat4ion of the building or-the fatifidation system. BUILDING/STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established by FEM^ whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet roofs with parapets less than five (5)feet in height. Gable, mansard, and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells, mechanical and electrical equipment shall be concealed by or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to the provisions of the Land Development Regulations. Walls or retaining walls shall also be measured from the lowest adjacent property line to the top of the structure excluding column caps, column capitals and other similar architectural items. COASTAL HIGH HAZARD AREA - The area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. CROWN OF ROAD - The elevation of the highest surface of street pavement within the right-of-way abutting the property or otherwise approved by the City Engineer. DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in F.S. § 380.04, pursuant to a development order or permit. With respect to workforce housing, it shall mean a proposed development at one (1)location which includes at least ten (10)residential units for which site plan approval is required. With respect to flood prevention requirements, see"Flood, Development." it shall ,nea any ma dr-edging, filling, gr-adin5, F-­­5, _ea-,�a+iens, dr-illing eper- ether-land distttfbing aeti FLOOD (FLOODING) - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. For purposes of Chapter 4, Article X, Flood Prevention Requirements: 1. ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, 1 Page 21 of 206 or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. 2 AREA A O SHALLOW T T OW F !1llilING A designated AO 3,10 zone a ., eammunity's fl ,,a instir-anee rate fnap (FH4A4)with base flood depths ffafn one (1)to three (3) feet where a elear4y defined ehanne! does not emst, where the path of flooding is unpr-edietable and indetefminate, and where veleeity flow may be evident. 2. -3--. ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. 3. 4 BASE FLOOD -A flood having a one percent(1%) chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "one hundred (100) year flood" or the "one percent(1%) annual chance flood." 4. BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). 5. 6-. BASEMENT - The portion of a building having its floor subgrade (below ground level) on all sides. 6. BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended to collapse without causing damage to the elevated portion of the building or the foundation system. 7. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a one hundred (100)-year storm surge, storm waves or other predictable weather conditions. 8. COASTAL HIGH HAZARD AREA - A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or"V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. The e below the elevation oftheeate, aFy , stafm s e gine as established by a Sea, bake, and Over-land Stir-ges f+em Hidr-r4eanes (SLOS14) eemptttefii�ed stefffl stir-ge fnec el. 9. DESIGN FLOOD - The flood associated with the greater of the following two (2) areas: 1) area with a floodplain subject to a one percent(1%) or greater chance of flooding in any year; or 2) area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. 10. DESIGN FLOOD ELEVATION - The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number(in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2)feet. 11. DEVELOPMENT-Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining ,dred iin filling,illinggrading,paving, excavations, drilling operations or any other land disturbing activities. 12. 44-. ENCROACHMENT - The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. 2 Page 22 of 206 13. EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures for which the "start of construction" commenced before January 3, 1979. 14. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)is completed before January 3, 1979. 15. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OF SUBDIVISON - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site ,gradin or r the pouring of concrete pads). 16. 4z? FLOOD DAMAGE-RESISTANT MATERIALS - Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. 17. 44, FLOOD HAZARD AREA - The greater of the following two (2) areas: 1)the area within a floodplain subject to a one percent(1%) or greater chance of flooding in any year; and/or 2)the area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. 14. FLOOD HAZARD BOUNDARY MAP (FHBAI) An affieial fnap of a ssued by the Federal Emer-geney Management Ageney whef:e the betindar-ies ef the areas ef speeiffl- fl-e-e-d- have been defined-. 18. 4-5- FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 19. 46-. FLOOD INSURANCE STUDY - The official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation of the base flood. 20. FLOODPLAIN ADMINISTRATOR- The office or position designated and charged with the administration and enforcement of this chapter(may be referred to as the Floodplain Manager). 21. FLOODWAY - The channel of a watercourse and the adj acent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one 1 foot. 22. 4-7-. FLOODWAY ENCROACHMENT ANALYSIS - An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. 23. 4-9-. FUNCTIONALLY DEPENDENT USE -A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long term storage or related manufacturing facilities. 24. 4-9-.- HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. 25. HISTORIC STRUCTURE - Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. 26. 2-0-. LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change 3 Page 23 of 206 include: a. LETTER OF MAP AMENDMENT (LOMA) - An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. b. LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. c. LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. d. CONDITIONAL LETTER OF MAP REVISION (CLOMR) - A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. 27. 24- LOWEST FLOOR- The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. 28. MARKET VALUE - The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in Chapter 4, Article X, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or the ad valorem tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. 29. NEW CONSTRUCTION-For the purposes of administration of Chapter 4, Article X, and the flood resistant construction requirements of the Florida Building Code, structures for which the"start of construction" commenced on or after January 3, 1979 and includes any subsequent improvements to such structures. 30. NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final siterg adin or r the pouring of concrete pads)is completed on or after January 3, 1979. 31. ? SAND DUNES -Naturally occurring accumulations of sand in ridges or mounds landward of the beach. 32. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent(1%) or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO, Al, A30, AE, A99, AH, V1, V30, VE or V. 33. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. 4 Page 24 of 206 34. SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent(50%) of the market value of the structure before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions, or(2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. 35. WATERCOURSE -For the purposes of Chapter 4, Article X, a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. FLOODW, The ehanne! of a water-eatir-se and the adjaeeat land areas that must be r-eseFved in order-to disehar-ge the base flead withatit etimulatively iner-easing the water- stir-faee elevation fnar-e than one (1) feet. the leading and tinleading ef ear-ge er-passenger-s, shipbttilding, ship repair-er- seafeed pr-eeessing. The term es not inelude long-texn star-age, fnaatifaotux e, sales or- seFviee faeiliti MANUFACTURED HOME - A structure, transportable in one or more sections, which is eight(8)feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. Alse knewn as a mebile heme, (HUD) and emale of being r-elaeated f of one ( ` i' ' 9+er The structure is designed for long term occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. All wheels shall be removed prior to the issuance of a certificate of occupancy. MANUFACTURED HOME PARK-Premises typically referred to as a mobile home or trailer park, where manufactured homes are installed par-ked for non-transient living or sleeping purposes. START OF CONSTRUCTION (P.L. 97 34 - The date a building permit is issued for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond excavation or placement of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other 5 Page 25 of 206 structural part of a building, whether or not that alteration affects the external dimensions of the building. 0 "substantial9/6) of the value of the stmetur-e as established by the fnest r-eeeat Palm Beaeh County ad valor-em tfflE bill, either-before the impr-evemeat or-repair-is stai4ed, or-if the stmetur-e has been damaged and is being r-estar-ed, before the damage aeetir-r-ed. For-the per-poses of this n • s eansider-ed to aeetir-when the first alteration of any wall, eeiling, flear-or-other- stmetur-al pai4 of the building eammenees, whether-or-not that alteration aff-eets the e�Etemal Chapter 1, Article VI 11, Section 1.D Appeals. Sec. 1. Administrative Official. D. Assignment ofAppeals. The City Commission or the Building Board of Adjustment and Appeals shall review all appeals. The assignment of each is as follows: 1. City Commission. The City Commission shall hear and decide all appeals regarding the administration, interpretation, or enforcement of any standard, provision, or regulation contained in the land development regulations, except for that which is identified in subparagraph b. below. 2. Building Board of Adjustment and Appeals. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision of the Building Official or the Floodplain Administrator, as applicable, in his/her enforcement or administration of Chapter 4, Article IX, Building, Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any one (1) of the following conditions are claimed to exist: a. The Building Official or the Floodplain Administrator, as applicable, rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; b. The provisions of the city's current edition of the Administrative Amendments to the Florida Building Code do not apply to this specific case; c. That an equally good or more desirable form of installation can be employed in a specific case; or d. The true intent and meaning of the city's current edition of the Administrative Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted. 6 Page 26 of 206 EXHIBIT B" Chapter 2, Article IV, Section 2 and 4, Building Permit and Variances. Sec. 2. Building Permit. A. General. 1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of permit applications, to ensure that certain buildings, structures, and systems comply with the respective requirements and standards described in the Florida Building Code, including the City Administrative Amendments thereof, and these Land Development Regulations. 2. Applicability. A building or other structure shall not be erected, moved, added to, or structurally altered (including substantial improvements as defined by Chapter I, Article II), unless a building permit is issued by the city. A building permit shall not be issued by the Building Official or designee unless the application complies with the requirements of this article and the Florida Building Code, including the city's Administrative Amendments. All permit applications for new buildings, building expansions, major modifications or certain other improvements, must be consistent with any applicable and corresponding site plan, master plan or record plat. 3. Scope. The Florida Building Code is based on national model building codes and national consensus standards which are amended where necessary for Florida's specific needs. The code incorporates all building construction-related regulations for public and private buildings in the State of Florida other than those specifically exempted by F.S. § 553.73. It has been harmonized with the Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services, Office of the State Fire Marshal, to establish unified and consistent standards. B. Submittal Requirements. Application forms for building permits shall be provided by the Building Division. Unless the Building Official or designee determines otherwise, the applicant shall submit completed forms, provide all documentation, including plans and exhibits required by such applications, and pay all applicable fees as adopted by resolution by the City Commission. In addition to the information required on the applications, the permittee for any permit for construction in special flood hazard areas, which upon its completion would result in the issuance of a certificate of occupancy or certificate of completion, shall, ' prior to the issuance of such certificate of occupancy/completion- submit a stm 3. Gei4ifieafiaa by a Fier-ida registered engineer-or- ar-ehiteet that the stmettir-e fneets the flood proofing 5. flood elevation or flood proofing certification after placement of the lowest floor and prior to further vertical construction meted, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor and prior to further vertical construction. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or flood proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the Development Department a certification of the elevation of the lowest floor, flood proofing elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. When flood proofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the twenty-one (21)-day calendar period and prior to submission of the certification shall 1 Page 27 of 206 be at the permit holder's risk. The Development Department shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause issuance of a stop-work order for the project. 6. n stwvey E)f mangr-eve tree 14— Sec. 4 Sec. 4. Variances. A. General. 1. Purpose and Intent. The purpose of this section is to provide an efficient relief process to allow for deviations from certain requirements and standards of the Florida Building Code, including the city's Administrative Amendments thereof, and the applicable regulations in the city's Land Development Regulations, in circumstances when the applicant is able to demonstrate a hardship. The intent of this application is not to provide a means for circumventing any such requirement or standard, but to allow for a departure from the code upon demonstration that the subject request satisfactorily addresses the review criteria contained herein, and without the necessity of amending the regulation to accommodate the requested relief. 2. Applicability. a. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision from the Building Official whenever any one (1) of the following conditions is claimed to exist: (1) The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; (2) The provision of the Florida Building Code, including the city's Administrative Amendments thereto does not apply to this specific case; (3) That an equally good or more desirable form of installation can be employed in a specific case; or (4) The true intent and meaning of the Florida Building Code, including the city's Administrative Amendments thereto have been misconstrued or incorrectly interpreted; or b. The owner of a building, structure, or service system, or duly authorized agent may request relief to any of the following: (1) The Florida Building Code, including the city's Administrative Amendments and Technical Amendments; (2) Chapter 4, Article IX, Building, Construction, and Historic Preservation Requirements of the City's Code of Ordinances; or (3) Chapter 4, Article X, Flood Prevention Requirements of the City's Code of Ordinances; or c. Notice of appeal shall be filed within thirty (30) calendar days after the Building Official renders the refuted decision. B. Submittal Requirements. The application form shall be approved by the Building Official and maintained by the Building Division. In order for an application to be considered, it shall be accompanied by all documentation required by the application checklist. C. Review Criteria. The Building Board of Adjustment and Appeals, when so petitioned, and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the purpose and intent of this or the technical codes or public interest, and also finds all of the following general criteria in subsection 1. below: 1. General Criteria for All Variance Requests. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; b. That the special conditions and circumstances do not result form the action or inaction of the applicant; c. That granting the variance requested will not confer on the applicant any special privilege that is 2 Page 28 of 206 denied by this Code to other buildings, structures, or service systems; d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. 2. Special Criteria for Variance Applications Involving Deviations from Flood Prevention Regulations or the Flood Resistant Design Requirements of the Florida Building Code. An applicant for a variance shall submit a showing of good and sufficient cause and that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land (increased costs to satisfy the requirements or inconvenience do not constitute hardship). Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and to destroy the i,star e eharaetor and design of the b,,ildi, . Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. In passing upon such variance requests appeals, the Board shall determine that the granting of the variance will not result in increased flood heights; additional threats to public safety; extraordinary public expense; create nuisance; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances. The Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of these Land Development Regulations, and: a. The danger that materials may be swept onto other lands to the injury of others. b. The danger to life and property due to flooding or erosion damage. c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the proposed facility to the community. e. The necessity to the facility of a waterfront location, where applicable. f The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. g. The compatibility of the proposed use with existing and anticipated development. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. i. The safety of access to the property in times of flood for ordinary and emergency vehicles. j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. k. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 3. Additional Requirements for Flood Prevention Variances. a. Written Notice. Any applicant to whom a variance from the flood prevention requirements has been granted to allow construction of a lowest floor below the required elevation shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (up to amounts as high as $25 for $100 of insurance coverage) and stating that construction below the base flood elevation increases risks to life and property. b. Historic Buildings and Structures. The repair, improvement, reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or the Boynton Beach Register of Historic Places, are eligible for variances from the flood prevention requirements of the LDR without regard to the procedures set forth in this section upon evidence by the applicant that such actions would not adversely impact the historic designation of the structure. The Director of Development or designee shall maintain the records of granted variances. c. Functionally Dependent Uses. A variance is authorized to be issued for the construction or 3 Page 29 of 206 substantial improvement necessary for the conduct of a functionally dependent use, as defined in Chapter 1, Article II, provided the variance is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. D. Approval Process. An application for variance approval requires review by staff to ensure it is eligible to be considered by the Building Board of Adjustment and Appeals. Once determined to be eligible for consideration, staff shall forward the variance application to the Building Board of Adjustment and Appeals, and such Board will review the request based on the review criteria listed above, and render its decision. See Section 112 of the City's Administrative Amendments to the Florida Building Code for the rules and regulations regarding the operating procedures of the Board. E. Expiration. See Section 112 of the city's Administrative Amendments to the FBC for the rules and regulations regarding the expiration of a variance granted by the Building Board of Adjustment and Appeals. F. Miscellaneous. 1. Conditions of Approval. The Building Board of Adjustment and Appeals may prescribe appropriate conditions and safeguards on the approval of any variance in accordance with Section 112 of the city's Administrative Amendments to the FBC. s has been granted shall be given wr-44ea nottee speeifying the diff-er-enee be:�weea the base flood will be eammeastir-ate with the iner-eased r-isk r-estilting ffam the r-edtieed lowest floor-elevation. r-ester-ation of stmettir-es listed an the National Register-of Histar-ie Plaees, the State laventafy of Histar-ie Development or-designee shall maintain the r-eear-ds of all appeal aetions and r-epai4 s to the "a" above, is the fmatfntifn neeessafy (Ord. 10-025, passed 12-7-10; Am. Ord. 13-020, passed 7-2-13) 4 Page 30 of 206 EXHIBIT "C" Chapter 4, Article X, Flood Prevention Requirements. Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B. Purpose and Intent. The purpose of this article and the flood load and flood resistant construction requirements of the Florida Building Code (FBC) are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. a. Minimize unnecessary disruption of commerce, access, and public service during times of flooding; b. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; c. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; d. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; e. Minimize damage to public and private facilities and utilities; f Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; g. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; h. Meet the requirements of the National Flood Insurance Program (NFIP)for community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR); and i. To insure that potential homebuyers are notified that property is in a flood area. 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to: a. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. 3. This article is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced in the Florida Building Code. C. Administration. 1. Administrator. The Building Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to interpret and administer this article and may 1 Page 31 of 206 delegate performance of certain duties to other employees. The Floodplain Administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this article without the granting of a variance issued in accordance with Chapter 2, Article IV, Section 4. 2. Duties. Duties of the administrator or his designee shall include, but not be limited to: a. Review all development permits to determine whether proposed new development will be located in flood hazard areas to assure that the permit requirements of this article have been satisfied. This includes reviewing applications for modifications of any existing development in flood hazard areas. b. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. Such permits include but are not limited to: i. The South Florida Water Management District, section 373.036, F.S. ii. Florida Department of Health for onsite sewage treatment and disposal systems, section 381.0065, F.S. and Chapter 64E-6, F.A.C. iii. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line, section 161.141, F.S. iv. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit, section 161.055, F.S. v. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers, Section 404 of the Clean Water Act. vi. Federal permits and approvals. c. Notify adjacent communities and the state division of emergency management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (ineluding basement) of all new or- substantially impr-eved stpdetur-es, in aeear-danee with Ghapte.r- 2, An iAl, Seetien ? f Ver-ify and r-eear-d the aetual elevation (in r-elation to fnean sea level)to whieh the new Al Seetien 2. pilings er-eeltimns in er-der-te withstand veleeity waters and httr+ieftne wft-�e Wash. h. hi eeastal high hazard areas, the administr-ater- shall obtain eet4ifieation for-the e. J-.--Where interpretation is needed as to the exact location of the boundaries of the areas 2 Page 32 of 206 of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VIII, Section 1.D.2. k. When base flead elevation data has not been pr-evided in aeear-danee with Seetion 1.D. below, the administr-ater- shall obtain, review, and reasonably titilize any base flood elevation data available fFafn a federal, state, or-other- satir-ee, in order-to administer-the provisions of this ai4eeS to s2 and 4 below. 1. All r-eeer-ds the pr-evisiens ef this ai4iele shall be maintained in the Depai4fneat of Development and shall be open for-publie in f. fft-. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant. g_ nr. Review applications to determine whether proposed development will be reasonably safe from flooding. h. Issue development permits or approvals for development other than buildings and structures that are subject to the FBC, including buildings, structures and facilities exempt from the FBC, when compliance with this article is demonstrated, or disapprove the same in the event of noncompliance. i. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this article. 3. Substantial Improvement and Substantial Damage Determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: a. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; b. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the FBC and this article is required. 4. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Chapter 2, Article IV, Section 4. 5. 4 Notice and Orders. The Bttilding Offieial Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to 3 Page 33 of 206 ensure compliance with this article. 6. Inspections. The Floodplain Administrator shall make the required inspections for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code and manufactured homes. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 7. Other Duties. The Building Offieial Floodplain Administrator shall have other duties, including but not limited to: a. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage; b. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); c. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps (FIRM)if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; d. Review required design certifications and documentation of elevations specified by this e article and the FBC and this article to determine that such certifications and documentations are complete; e. Notify FEMA when the corporate boundaries of the city are modified; and f. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act(Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-590 that federal flood insurance is not available on such construction; areas subject to this limitation are identified on the FIRM as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." g. Floodplain Management Records. Regardless of any limitation on the period required for retention of public records, the Bttilding Offieial Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this e article and the flood resistant construction requirements of the FBC, including FIRM; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the FBC and this article ems: notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this e article and the flood resistant construction requirements of the FBC. These records shall be available for public inspection at the Development Department. D. Applicability. 1. Scope. This article applies to all development of real property located within the city, including areas of special flood hazard. Development shall include but not be limited to the subdivision of land; filling, grading, and other site improvements and utility installations; 4 Page 34 of 206 construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; plaeomeat of - eati ,na ..ehiele; installation of swimming pools; and any other development. 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS)for Palm Beach County, Florida and Incorporated Areas dated October 5, 2017 the Goy .,f i2.,..nto Be h dated Mar-Eh 31,1992, and all subsequent amendments and revisions, and the accompanying FIRMS , and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file in the Development Department at the city. 3. Additional Data to Establish Flood Hazard Area. To establish flood hazard areas and base flood elevations pursuant to this article the Building Offieial Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: a. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this o article and, as applicable, the requirements of the FBC. b. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC)that removes the area from the special flood hazard area. E. Terms and Definitions. See Chapter 1, Article 11 for all applicable terms and definitions which pertain to the regulations and standards contained herein. F. Rules. 1. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. 2. Abrogation. This article supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the FBC. In the event of a conflict between this e article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article. 3. Interpretation. In the interpretation and application of this article all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. G. Conflict. Whenever the regulations and requirements of this article Code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. The provisions of this article shall not be deemed to nullify any provisions of local, state, or federal law. H. Relief from Requirements. Unless described otherwise, any deviation from the flood 5 Page 35 of 206 prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4. I. Warning and Disclaimer. The degree of flood protection required by this article and the FBC, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man made or natural causes. This a article does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the FIS and shown on FIRM and the requirements of 44 CFR may be revised by the FEMA, requiring this community to revise these regulations to remain eligible for participation in the NFIP. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this e article. This article shall not create liability on the part of the city or by any officer or employee thereof for any flood damage that results from reliance on this o article or any administrative decision lawfully made thereunder. Sec. 2. City Approval Required. Any owner or owner's authorized agent who intends to undertake any development activity within the scope of this article, which is wholly within or partially within any flood hazard area shall first make application to the Building Offieia Floodplain Administrator or designee and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes and regulations has been satisfied. Flood zone elevation certification shall be required for improvements in applicable flood zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. With respect to building and land development permits, the site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development: A. Development in Flood Hazard Areas. 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. 2. Where base flood elevations, or floodway data are not included on the FIRM or in the FIS, they shall be established in accordance with Section 2.13. or Section 2.C. below. 3. Where the parcel on which the proposed development will take place will have more than fifty (50)lots or is larger than five (5) acres and the base flood elevations are not included on the FIRM or in the FIS, such elevations shall be established in accordance with Section 2.13. below. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site is seaward of the coastal construction control line, if applicable. 6 Page 36 of 206 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. 9. Existing and proposed alignment of any proposed alteration of a watercourse. The Building Offs is Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article, but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this o article. B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Building Offieial Floodplain Administrator shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. 3. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Building Offs is Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is two (2)feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2)feet. 4. Where the base flood elevation data are to be used to support a LOMC from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. C. Additional Analyses and Certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 2.C.6. 2.G.5. below and shall submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the FIS or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1)foot at any point within the community. This requirement does not apply in isolated flood hazard areas not 7 Page 37 of 206 connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 3. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, no encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (5)times the width of the stream at the top of bank or twenty(20)feet on each side from top of bank, whichever is greater, unless certification by a Florida registered engineer is provided demonstrating that such encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge. 4. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 2.C.6. 2.G.5. below. 5. 4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 6. -5- When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Sec. 3. Minimum Finished Floor Elevation (Non-Flood Hazard Area). The finished floor elevation of all habitable space of new construction not located in a flood_ hazard areae shall be elevated a minimum of twelve (12)inches above the average crown height of the adjacent roadway. The finished floor elevation of all habitable space of building additions and/or substantial improvements not located in a flood hazard area zone shall be no lower than the existing finished floor elevation. Sec. 4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone ,,_AkIO).A4ifiimum Requir-ements and Higher-Regulator-y Standar-ds for- Flood— Hazard Areas. In areas of indeterminate drainage subject to sheet flow (Zone AO), lowest floors shall be at or above the elevation specified in the Florida Building Code or at least 2 feet above the average crown of road, whichever is higher. T„ all areas of speeial flood hazard the f llo w;v,., � are -e . i n,,ehe fl 1 1 f the tftl.t,,-o m7c&t�6i�, C� S�vi rc'�t2�irrziivPcriicnc-vrzrrcscruccm� 3. Delign. 8 Page 38 of 206 f4eilities shall be designed and/Ew Weated sa as to prevent water-ffafn eal jfRulatifig with„„ the eampenents du--inn ,,,bons „ffI,,,,,ak+ e. A41 new and r-eplaeefneat water- supply systems shall be designed to minifnize EW eliminate ;nail•1-atio, E)f fleadwater-s ince the system. fle 4. On Site Waste Disposal Systems. On site waste disposal systems shall be 106ated tE) whieh are in eamplianee with the pr-avisiaas E)f this m4iele, shall meet th ts E)f"new eanstmeti6 " t-aine ; this m4 l o ir-ccsC�ir corn crrr�-ccrcrC�. • 1. General. New eanstatetion E)f any residential Ew non Fe.s i de.4-q-t i-A I s;-P-4 p-t.44 Fe I A-p--A ted in all (12) inehes above the base flead elevation (BFE). However-, any proposed building addition flear-, ineluding basement, elevated to the BFE in aeear-danee with 4 4 GFR. Should solid faeilitate " . . ,A movements of fleadwater-s shall be provided in aeear-danee with standar-ds of Seetion 4.B.2. belew. with walls substantially ifnpefmeable to the passage E)f water-and With stat6ttir-al 6E)MpEffleats buoyaney. A registered pr-afessional engineer-Ew ar-ehiteet shall eei4if-y that the standards E)f this stibseetienar-esa+isfied. Seek eei4iffea+ien shall be pr-evided asset fei4h in Chapter-2, Ai4iele Al, Seetion 2.B. buildings that ineltide flilly enelesed areas fanned by fatindation and ather-eEter-iar-walls belaw the base i4eed eleva+ien shall be designed te pr-eeltide finished living spaee and designed te allew .,t er- „l l a. Designs for- eamplying with this r-equir-ement must either-be eei4ifled by a pr-afessional (1) Provide a minimum a4wa (2) openings having a total net area of not less than one (2)- The bat4afn of all openings-sh llure no higher-than one (1) feet abovegr-ade; and (3) Openings may be eEIttipped with ser-eens, letiver-s, valves er-ether-eever-ings ef: vehieles (gar-age door-) or-limited star-age of maintenanee eq 1 in eanneetion with the 9 Page 39 of 206 elevation. G. 490646tyw. The fallowing pr-evisions shall apply to fleadways within areas E)f speeial flead hazard established her-eiabefafe�. B provided demeastr-atin that ener-aaehments shall not r-estilt in any iner-ea e in flood A Cl .._.1. above is satisfied, all new eanstmetion and substantial impr-evements 3. may be plaeed an a Wt in an existing mantifaettir-ed hame par4E or- subdivision provided the D. Coa4a!,Wigh IWI 4�:Zones). beeated within the areas of speeial i4ead hazard flood hazards asseeiated with wave wash; therefore, the fell-M--- -siefis shall apply. 1. All beildings er- stfttePdr-es shall be leea+ed landwar-d ef the r-eaek ef the mean high tide (exeluding pilings or-ealtimas) is laeated no lower-than the base floodd ieiievatti A-4a level, with a4-- designed te wash away in the event ef abner-mal wa-ve ae 3 All buildings o stmettir-es shall be s -ole, aneher-ed ., pilings o al,,mas 4. All pilings and eeltimns and the c44aehed stfttetwes shall be aneher-ed te resist , eallapse, and later-a! movement due to the eff-eet of wind and water-leads aeting sifntiltaaeati4� en all beilding eempenents. The aneher-ing and stippei4 system shall be designed with Wind a water-leading valties whieh equal or-exeeed the one hundr-ed (100) year-mean r-eetir-r-enee intef-val 0 5. A Fier-ida registered engineer-or-ar-ehiteet shall eei4if-y that the design, speeifieations and 6. Ne fill shall be tised as stfttetiwal stippei4. Nen eempaeted fill may be tised ar-etind the E)f a building for-landseaping/aesthetie pur-poses provided the fill will wash atit ffam leading fe g eff-eets or-wave defleetion. The Depai4fneat of Development shall analysis by ar-eh4ee+ and/Ew sail seientist, whieh demeastr-ates that the fallowing a. Pai4iele eamposition E)f fill mater-ial does not have a teadeney for-exeessive nattir-al 10 Page 40 of 206 aad e. Slope E)f fill x;11 not Pr-ateetion and only if the engineering analysis r-equir-ed by Seetion 2.G. above demeastr-ates that r-ester-ation E)f dunes tinder-Ew ar-Emad elevated buildings afid stawtUr-es shall 6E)fHply With the r-egulations eantained her-ein. There shall be ne alter-ation E)f sand dtines E)r-mangr-eve stands 9. ba4tiee war-k Ew deear-afivp q . hall be allowed belaw the base flead elevation br-eakaway, tinder-abner-mally high tides Ew wave aetion, withatit dafflage 4)the stftwtHfal ,'.ans are of ffi a. NE) salid walls shall be allowed; and b. Materi-a shall eansist 6f•,,,,,,,a Ew mesh ser-eening only. for-human habitation. her-ing and elevation standards of this ..1,apte- ., et Seeders 4.D.8. n,a 4.D.9. at,ey established in Seetien 1.F. are areas designa+ed as shallew fleeding. These areas ha-ve speeial flood hazards asseeiated with base flead depths of one (1)to three (3) feet where a elear-ly theref the fallow;,, . ,,1Y• i. Ressidde.4.4iti—All SS*�Ip+ii�pn All stmettir-es and sef-viee systems shall have the lowest flaar-, ineluding baseffiefit, eleVated 4) the higher, For-additions and/or- substantial impr-evements, the lowest floor-, ineluding basement shall be fie lewer-than the &Eisting finished fleer-eleva+iefl. 2. Non residential Stmettir-es. All new eanstmetion and substantial ts of Ron a. Have the lowest flear-, ineluding basement and s is, elevated to the depth speeified, the lowest floor-, ineluding basement, of new eanstmetion shall be elevated at least:�Wa additions and/or- substantial impr-evements, the lowest flear-, ineluding basement, shall be no 11 Page 41 of 206 lower-than the o inti g finished flaa-elevatiew. b. Be eampletely flead pr-aafed to E)r-above that levei se that afly spa6e be!E)W that level F. Nmq4N#eams. Wher-e small str-eafns e�Eist, but where ne base flead data has been pr-avided E)r-where ne fleadways have been pr-avided, the fallowing pr-evisions app!�- within a distanee ef the str-eam bank eqttal te five (5)times the width ef the s4effm a+the tep ef bank ar-:�weaty (20) feet an eaeh side ffam top of bank, whiehever-is greater-, tialess eel4ifieatiafi- by a Fier-ida registered provided demeastr-ating that stieh ener-aaehments shall not stmettir-es shall be elevated E)r-flead pr-aafed in aeear-daa6e With elevati0fis established M aEse aeetien1z?l4-above. l hazard area, buildings and stmettir-es shall be designed and eanstmeted to eamply with the fne stmettir-es as defined in Flar-ida St4utes shall be designed and eanstmeted to eamply with the Sec. 5. Specific Requirements by Type of Improvement or Development. A. Site Improvements, Utilities and Limitations. 1. General. All proposed new development shall be reviewed to determine that: a. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; b. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in FAC Chapter 64E-6 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the facilities and systems. 3. Water Supply Facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in FAC Chapter 62-532.500 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on Placement of Fill. Subject to the limitations of this `wee article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the FBC. 12 Page 42 of 206 5. Limitations on Sites in Regulatory Floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysisquired in Section 2.C.1 of this article demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. B. Subdivision Standards. 1. General. The following provisions shall apply for all subdivision proposals: a. All subdivision proposals shall be consistent with the need to minimize flood damage. b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. d. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (50)lots or is larger than five (5) acres. e. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Subdivision Plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: a. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats ; b. Where the subdivision has more than fifty (50)lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with the requirements contained herein; and c. Compliance with the site improvement and utilities requirements contained herein of this a article C. Manufactured Homes. 1. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of FAC Chapter 15C-1 and the requirements of this article. If located seaward of the CCCL, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: a. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the FBC, Residential Section R322.2 and this article. Foundations for manufactured homes subject to Section 5.C.6 below are permitted to be reinforced piers or other foundation elements of at least equivalent strength. b. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the FBC, Residential Section R322.3 and this article. 3. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 13 Page 43 of 206 4. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 5.C.5. or aPA Section 5.C.6. below, as applicable. 5. General Elevation Requirement. Unless subject to the requirements of Section 5.C.6. below, all manufactured homes that are placed, replaced, or substantially improved on sites located: 1) outside of a manufactured home park or subdivision; 2)in a new manufactured home park or subdivision; 3)in an expansion to an existing manufactured home park or subdivision; or 4)in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 6. Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions. Manufactured homes that are not subject to Section 5.C.5. of this article, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: a. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or b. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six (36)inches in height above grade. 7. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the FBC, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 8. Utility Equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the FBC, Residential Section R322, as applicable to the flood hazard area. D. Tanks. 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 2. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation requirements of Section 5.13.3. below shall: a. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. b. Not be permitted in coastal high hazard areas (Zone V). 3. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be: 14 Page 44 of 206 a. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and b. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. E. Buildings and Structures. 1. Buildings, structures, and facilities that are exempt from the Florida Building Code. Buildings, structures, and facilities that are exempt from the Florida Building Code,including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 5.F below. 2. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: a. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. b, Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. F. Other Development. 1. General Requirements for Other Development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall: a. Be located and constructed to minimize flood damage, b. Meet the limitations of Section 5.A.5 of this article if located in a regulated floodway, c. Be anchored to prevent flotation, collapse or lateral movement resultingfrom rom hydrostatic loads, including the effects of buoyancy, during conditions of the design flood, d. Be constructed of flood damage-resistant materials, and e. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 2. Fences in Regulated Floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 5.A.5 of this article. 15 Page 45 of 206 3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 5.A.5 of this article. 4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 5.A.5 of this article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 2.C.1 of this article. 5. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkway Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkway patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: a. Structurally independent of the foundation system of the building or structure, b. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure, and c. Have a maximum slab thickness of not more than four(4)inches. 6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following_ a. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. b. A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. c. A deck or patio that has a vertical thickness of more than twelve (12)inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. d. A deck or patio that has a vertical thickness of twelve (12)inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils 16 Page 46 of 206 and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority, if located outside the footprint of, and not structurally attached to, buildings and structures, and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures, b, Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters, and C. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard areas: a. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. c. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. Sec. 6. Appeals. The Building Board of Adjustment and Appeals shall hear and decide on requests for appeals from the strict application of this article and of the flood resistant construction requirements of the FBC, excluding Section 3109 or latest supplement thereof. Sec. 7. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. 17 Page 47 of 206 EXHIBIT"D" Description Number Date 1. Flood Insurance Study(FIS) 12099CV000A October 5, 2017 Description Map Number Date 1. Flood Insurance Rate Map (FIRM) Index 12099CINDIA October 5, 2017 2. Flood Insurance Rate Map (FIRM) Index 12099CIND2A October 5, 2017 3. Flood Insurance Rate Map (FIRM) 12099CO778F October 5, 2017 4. Flood Insurance Rate Map (FIRM) 12099CO779F October 5, 2017 5. Flood Insurance Rate Map (FIRM) 12099CO783F October 5, 2017 6. Flood Insurance Rate Map (FIRM) 12099CO786F October 5, 2017 7. Flood Insurance Rate Map (FIRM) 12099CO787F October 5, 2017 8. Flood Insurance Rate Map (FIRM) 12099CO788F October 5, 2017 9. Flood Insurance Rate Map (FIRM) 12099CO789F October 5, 2017 10. Flood Insurance Rate Map (FIRM) 12099CO791F October 5, 2017 11. Flood Insurance Rate Map (FIRM) 12099CO793F October 5, 2017 12. Flood Insurance Rate Map (FIRM) 12099CO976F October 5, 2017 13. Flood Insurance Rate Map (FIRM) 12099CO977F October 5, 2017 14. Flood Insurance Rate Map (FIRM) 12099CO981F October 5, 2017 All FIRM Maps and FIS Report are available online for viewing at h sc.fema.gov portal advanceSearch Page 48 of 206 7.B. New Business 8/22/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve LDRAmendments Group 3/CRA Plan Implementation (CDRV 17-007) —Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi-family Residential Zoning District including amendments and additions to definitions, and use and lot standards. City initiated. EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016 and is now being implemented through incremental amendments to the Comprehensive Plan and Land Development Regulations, and will soon undergo a more comprehensive implementation through, in part, an LDR audit to be completed later this year. These proposed amendments primarily involve the future land use (FLU) and zoning district schemes including the merging of certain future land use classifications and zoning districts, establishment of a new future land use classification and zoning district, and minor changes to the titles of the mixed use future land use classifications and corresponding zoning districts. These recommendations are detailed in Tables#1 and #2 of Section "C" of the CRA Plan, and are listed below. • The elimination of the Moderate Density Residential (MoDR) future land use classification and placement of the corresponding zoning districts under the Low Density Residential (LDR) classification; • The establishment of a new "High Density Residential' (HDR) future land use classification with a maximum density of 15 dwelling units per acre, along with establishment of a new corresponding zoning district, R-4, Multi-family Residential, to bridge the density gap between the Medium Density Residential (11 dus/acre) and Special High Density Residential (20 dus/acre)future land use classifications; • The conversion of the four (4) urban and suburban land use classifications into a single, 3-classification system which simply entails elimination of the "Mixed Use Suburban" classification and renaming the remaining mixed use classifications MX-L, MX-M, and MX-H; • The insertion of references to the Workforce Housing Program to coincide with the recent amendments to, and status of this City program; and • General edits or "clean-up" amendments to provide proper reference to or description of the new CRA Redevelopment Plan, improve clarity, and eliminate redundancy. Staff proposes these LDR amendments to continue implementing the CRAs new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: Proposed amendments will increase development opportunities and at greater development densities thereby contributing to increased application and processing revenues and ultimately, increased land values. Page 49 of 206 ALTERNATIVES: None recommended STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: Completion of the CRA Plan has been in the City's Strategic Plan since 2015. This item furthers the Plan with timely implementation. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Amendment Exhibit"A" ® Proposed Amendments REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 8/16/2017® 12:17 PM Planning and Zoning Mack, Andrew Approved 8/17/2017® 8:32 AM Planning and Zoning Groff, Colin Approved 8/17/2017® 4:22 PM Assistant City Manager Groff, Colin Approved 8/17/2017® 4:23 PM City Manager Pyle, Judith Approved 8/17/2017® 4:30 PM Page 50 of 206 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-046 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: August 16, 2017 RE: LDR Amendments Group 3/CRA Plan Implementation (CDRV 17- 007) — Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi- family Residential Zoning District including amendments and additions to definitions, and use and lot standards. OVERVIEW The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4t', 2016. Comprehensive implementation of the Plan will require a full "audit" and subsequent revisions of existing zoning and other land development regulations, to be completed by the end of 2017. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. Prior amendments processed or in progress include establishing the MU-4 Mixed Use-4 Zoning District(adopted in January, 2017), and the pending establishment of the Cultural District and Boynton Beach Boulevard District Overlays (temporarily on-hold in the public hearing stage). These recommendations are primarily amendments to the future land use (FLU) and zoning district schemes including the merging of certain future land use classifications and zoning districts, establishment of a new Future Land Use classification and zoning district, and minor changes to the titles of the mixed use future land use classifications and corresponding zoning districts. These recommendations are detailed in Tables #1 and #2 of Section "C" of the CRA Plan, and are described in further detail below. - 1 - Page 51 of 206 EXPLANATION Changes in FLU and zoning district titles, or the establishment of a new classification or zoning district affects nearly all chapters of the City's Land Development Regulations (LDR). Regardless how minor or simple such changes may be, many chapters, sections and tables within the LDR are affected and must be updated simultaneously to maintain a cohesive document. Although each specific section and page is not described in this report (see attached Exhibit"A" for each amendment), the different types of amendments proposed are each summarized as follows: • The elimination of the Moderate Density Residential (MoDR) Future Land Use Map classification and placement of the corresponding zoning districts under the Low Density Residential (LDR) Classification and using the maximum density threshold from the MoDR classification of 7.5 units per acre; • The establishment of a new "High Density Residential" (HDR) Land Use Classification with a maximum density of 15 dwelling units per acre, along with the establishment of a new corresponding zoning district, R-4, Multi-family Residential, to bridge the density gap between the Medium Density Residential (11 dus/acre) and Special High Density Residential (20 dus/acre) future Land Use Map classifications. Building and site development standards must also be established for the new zoning district which mostly match the standards of the R-3 Zoning District, except that a slightly lower minimum unit size is proposed to, in part, support current market trends. A slightly higher maximum lot coverage standard (50%) is proposed to correspond with denser development characteristics and land values in the targeted environments. Zoning uses proposed to be assigned to the new R-4 District also generally reflect the R-3 District uses except for the exclusion of commercial uses. Commercial uses are shown assigned to the R-3 District as part of the original Ocean Avenue Overlay District. The new R-4 District is not proposed as part of the new overlay area and therefore is not intended to for commercial or mixed use development. • The conversion of the four (4) urban and suburban land use classifications into a single, 3-classification system which simple entails elimination of the "Mixed Use Suburban" classification, and renaming Mixed Use Core (MX-C) Mixed Use High (MXH). The resulting system includes MX-L, MX-M, and MX-H. • The insertion of references to the Workforce Housing Program to coincide with the recent amendments to, and status of this City program. • General edits or "clean-up" amendments to provide proper reference to or description of the new CRA Redevelopment Plan, improve clarity, and eliminate redundancy. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue implementing the CRAB new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\EDR Amendments Group 3\StaffReport.doc -2 - Page 52 of 206 EXHIBIT "A" LDR AMENDMENTS GROUP 3 / CRA PLAN IMPLEMENTATION Code of Ordinances, Part III. LDR, Ch 1,Art. II. Definitions MIXED USE ZONING DISTRICT-Whenever the words"mixed use district" or"mixed use zoning district" are used,they are construed to include any or all of the following zoning districts: SMU suburban mixed use; MU-61 M4:wixed Ut+se_-- 1; MU-62 M4:wixed++Use-w.__., 4y 2; MU-Q M4:wixed Uese Jew iRteRsity 3; MUm _Mixed Use--- --------------------- and MU-4C Mixed U se-high i^teRsit •Fore PLANNED ZONING DISTRICT-A zoning district in which the zoning of the is accompanied by and conditioned upon an approved master plan for the use and/or development of the property. Whenever the words "planned district" or "planned zoning district" are used,they are construed to include any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU-=1 M4:wixed Uese_-_-19w iRteRsity 1; MU-t-2 Mixed Uese_m_- 2; MU-=3 .4:Rixed Uese_--. le•- iRteRsit.,3; MUm m ixed Use_m.-_ j_MU44 4:Rixed Uese-high and PID planned industrial development. RESIDENTIAL ZONING DISTRICT-Whenever the words "residential district" or"residential zoning district" are used, they are construed to include any or all of the following zoning districts: R-1-AAB single-family residential; R-1-AA single-family residential; R-1-A single-family residential; R-1 single-family residential; R-2 single and two-family residential; R-3 multi-family residential; R_ multi-famil _Lg2id ntigl° IPUD infill planned unit development; PUD planned unit development; or MHPD mobile home planned development. Page 53 of 206 Code of Ordinances, Part III. LDR, Ch 1,Art. III. Relationship to Comprehensive Plan Sec. 5. Future Land Use Map (FLUM). B. FL UM Classifications and Corresponding Zoning Districts (Table ]-]). The following table shows the future land use map classifications and their corresponding zoning districts: Future Land Use Map(FLUM)Classification (including maximum dwelling units per acre) oning isriicts [m1 F Ie$R I€jj)j LLI SHDR EV' ATX NI:" ..:: (5) ( (1� 20 oC LRC GC MXi MXN! M H I R PPGI DRI (7.5) ) (11) (15) ( ) (20) (405!D (80) �_l-AAB 5 �2 1-AA �.::�. -1-A 6 46 I -1 7.? s�5 �_2 110 3 _:l PUD UD HPD -1 _2 -3 -4 BD CD MU U__L1 U--L2 %4U-L3 U-4 U_W' 1 ID C U Page 54 of 206 Future Land Use Map Classifications: LDR: Low Density Residential N4XS: Mi*ed Use S4or-baa- ME)DR: Maderate Pensitt,Residei4ial N4X: Mi*ed Use MeDR: Medium Density Residential MX-C--H.: Mixed Use G4ej HDR: High Density Residential 1: Industrial SHDR: Special High Density Residential R: Recreation OC: Office Commercial PPGI: Public&Private Goverm-nent/Institutional LRC: Local Retail Commercial DRI: Development of Regional Impact GC: General Commercial Page 55 of 206 Code of Ordinances, Part III. LDR, Ch. 3,Art. I. Overview Sec. 4. Official Zoning Map C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-1-AAB Single-family residential district R-1-AA Single-family residential district R-1-A Single-family residential district R-1 Single-family residential district R-2 Single- and two-family residential district R-3 Multi-family residential district R.-4 MU1tj-Famj1v residential district IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district MU-L_1 Mixed use- 1 district MU-L-2 Mixed use- 2 district MU-L-3 Mixed use?^==,intensity 3 district MU-4 Mixed use 4 MU-14 Mixed use- c _redistrict M-1 Industrial district PID Planned industrial development district PU Public usage district REC Recreation district Page 56 of 206 Code of Ordinances, Part III. LDR, Ch 3,Art. III. Zoning Districts&Overlays Sec. I.B. Residential Building and Site Regulations (Table 3-1) RESIDENTIAL R-1 R-1 R-1 R-1 R-2 R-3 RR=4 IPUD PUD MHPD AAB AA A Duplex Multi Multi Density(dwelling units per acre): 5 5.5 6 7.5 10 r'e1'^ 15 Flexible-L' Flexible10 Flexiblelo Project Area,Minimum(acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit,Minimum(square 9 000 8,00044 7,500 6,000 4,500 4,0004312 44 OOeL2 Flexible Flexible 4,200 feet): - Lot Frontage,Minimum(feet): 90 75 60 60 75 100 100 Flexible Flexible' N/A Living Area,Minimum A/C(square 1,800 1,600 1,400 1,200 750 750 650 459 494 N/A feet): Flexible Flexible Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio(FAR)for Non- N/A N/A N/A N/A 0.106 N/A � N/A N/A Residential,Maximum: NSA 44WN/A Structure Height,Maximum(feet): 30 30 30 30 25' 4586 45 45'-' V5 30 Building Setbacks,Minimum(feet): Front: 25 25 25 25 25 40 20 Flexibles Flexibles 20 Interior side: 10 10448 7.5 7.5 10 20 20 Flexibles Flexibles 5 Corner side: 25' 25' 25' 25' 25' 40 20 Flexibles Flexibles 10}411 Rear: 20' 20' 20' 20' 25' 40 40 Flexibles Flexibles 104`411 Special rear yard setback reductions for Maximum Percentage of Reduction: 1-story building additions abutting: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway(ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non- 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Page 57 of 206 residential: Administrative Adjustment: Maximum Percentage of Reduction(to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 1.3 429 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed bv administrative adjustments. 2. An administrative adjustment to reduce a setback maybe granted if any first floor addition follows the building line of a legally non-conforming single-family structure,or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard back setback shall be required,only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single- family zoning,required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30) feet. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation from the respective development plan. 6. A floor arpa ratia(VAR)may bp, for Ron— lisp's 8llwA,Pd with—in this zaning distFiet(see"Use Matrix" Chaptet!3,At!t he applicable future land lisp,classifieatian af the camprehensive ��TT ., 44 Plan. i. Not to exceed.t..a(2)sSar4es. 86 Not to P,*eP+d font!(4)star4es. See Note#5 for additional setback requirements relative to building height. 17. A lesser building height may be required for compatibility with adjacent develaptnent properties. See Note#5 for more additional setback requirements relative to building height. 1-0. Individnal lots with—in an HPTL�D at!PUP develaptnent eantain rplatwp,to nuininnim required!at fuantage and!at area for PRCh_nnit. 4-1-8. The minimum lot area shall be seven thousand,five hundred(7,500)square feet and the minimum side yard shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13,1975. 4.29. Notal usable open space shall be calculated at of two hundred(200)square feet a f usable aper space`hall be.•....u:red f r each per dwelling unit(also see Chapter 4,Article flI,Section 8.). 4-310. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 4411. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s),but with a minimum of the setback required for a single-family residence. 4-512. Multi-family dwellings and group homes require four thousand(4,000)square feet. All other uses allowed in R-3 and R-4 require twenty thousand (20,000)square feet. Page 58 of 206 Code of Ordinances, Part III. LDR, Ch. 3,Art. III.Sect. 1. Overview E. Mixed-Use Urban Building and Site Regulations(Table 3-4) MIXED USE,URBAN MU-411 MU4,2 MU4,3 MU-4 MU-44C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 1502 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)33 45 65 75 100 150/1254 a �g Maximum Density(DUs/Acre)fio. 20 4840 4850 60 80 Maximum F.A.R.'1" 1.0 2.0 3.0 4.0 4.0 Build-to-line All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement-`�'- Abutting a Local street e-' 0�'7 e-' 0�'7 e-' Interior side e-' 0�'7 e-' 0�'7 e-' Building Setbacks,Minimum(ft.)4�: Rear abutting: Residential single-family 255 f"� 25 5 255 25 5 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255 f"� 255 255 25 5 25 5 Usable Open Space,Minimum(sq.ft.)49 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 33. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35)feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 64. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU-L or residential zoning district not separated by a right-of-way. -75. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 96. Where there is an intervening right-of-way of at least forty(40)feet. -9. Subject to p ,.1 487. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which determines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts is 16 ft.See Section 5.C.2.below for additional relief provisions from build-to line requirements. 448. Listed eligible historic structures are not required to meet these standards. 4-39. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8 for additional regulations. 4410. Projects within the transit core shall have minimum densities as follows:MU-Ll-eleven(11),MU-L2-twenty(20),MU-L3-thirty(30),MU-4-thirty-five (35)and MU44C-forty(40)dwellings per acre(except that minimum density for the MU-44C district applies to projects located within the entire station area). X511. Projects within the transit core shall have a minimum FAR as follows:MU4,3-one and three-quarters(1.75),MU-4(2.0)and MU-44C-two(2.0)(except that minimum FAR for the MU-44C district applies to projects to be located within the entire station area). 4612. The maximum density for projects within the Downtown Transit-Oriented Development District Owe(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. Page 59 of 206 Code of Ordinances, Part III. LDR, Ch 3,Art. III. Zoning Districts&Overlays Sect. 2 Residential Districts G. R-4 Multi-family Residential District. 1. General. The Purpose of the R-4 zoning district is to implement the High Density Residential (HDR) future land use map classification of the Comprehensive Plan. The intent of this conventional district is to provide for higher residential densities that suport infill development opportunities. At the allowed maximum density, intended development can provide a graduated transition to densities and intensities of mixed use redevelopment projects in a compact form. Although this district is not a planned zoning district, development attributes should similarly emphasize design that is sensitive to its context within the urban redevelopment area, including interconnectivity and pedestrian accommodations, sustainable and/or smart growth building and landscaping design, building placement and orientation of project to the local street network and on-street parkin. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district (see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3-9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-4 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 650 s.f. Maximum lot coverage: 50% Maximum structure height: :A 45 feet (Non-Residential Uses) Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Page 60 of 206 Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum livinL area: N/A Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) N/A Maximum structure height: 45 feet 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Suplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. In these instances, site plan amay be subject to site plan review. In these instances, site plan roval shall be required prior to application for building permit. c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.F. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. Page 61 of 206 Code of Ordinances, Part III. LDR Chapter 3,Art. III. Sec. S. Mixed-Use(Urban) Districts. A. General. 1. Purpose and Intent. The mixed-use�H4+zoning districts are_in�,stty intended to implement the C R,�I,_Cormnunity Redevelopment Plans,in part,by providing for a mixture of land uses,acconnnodating varying densities and intensities appropriate for each p4-a44+ g-w- CRA,_cl5tt.c1,and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. Thee nixed use districts also support transit ridership, -in particular,_thr��ughhigher density and intensity-ale development o I ter ,� llaaea-plea -papa � i $e<a iltls 4e '_ i a_ , r. h--Sa=0e+:4w a4- -R�--Q6 _4 **W'it11int17€,desi4;nated l �l� nt�r� n Transit f)r i�11 ci h9 ��l�l n€nt 9istl ct TfbQ}. Additional standards and requirements of this section are based on the proximity to the planned train station,and location within the transit core,which is defined as the area extending one-quarter (1/4)mile from the train station To ensure compliance with these Regulations,an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a inixed-use(urban)district,except as provided in Section 2.D.Le. Also see Chapter 4,Article III, Section 6.H.for design and compatibility standards._;- w s t g*- � '_ws+, -The objectives of the inixed-use(urban)districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive,high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities,heights,and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas,expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian-friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and hannony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown; and f. Create higher quality environments for residents,businesses,employees,and visitors as detennined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses,activity centers,and transportations systems,fonning a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use-Law h4ensi4t, 1 (MU--b1). The MU-41 district implements the Mixed+iUse Low(MXLL)future land use map (FLUM)classification of the Comprehensive Plan and has a maximum residential density of twenty(20)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be twenty-five(25)dwelling units per acre through participation in the City's Workforce Housing Promo rain.In addition,projects located within the transit core of the Station Area shall have a minimum density of eleven(11) dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use-Law h4ensi4t,2(MU-Q). The MU-Q district implements the Mixed+iUse Medium(MXM)future land use map(FLUM)classification of the Comprehensive Plan and has a maximum residential density of thirty(30)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be thirty-seven and one-half(37.5)dwelling units per acre through participation in the City's Workforce Housing Program.In addition,projects located within the transit core of the Station Area shall have a minimun density of twenty (20)dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use-Law h4ensi4t,3 (MU--b3). The MU-4�3 district implements the Mixed+iUse Medium(MXM)future land use map(FLUM)classification of the Comprehensive Plan and has a maximum residential density of forty(40)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be fifty(50)dwelling units per acre through participation in the City's Workforce Housing Program.In addition,projects located within the transit core of the Station Area shall have a minimum density of thirty(30)dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use-4(MU-4). The MU-4 district implements the+nMixed+iUse eare Hi (MX-C—H)future land use map(FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty(60)dwelling units per acre,except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be seventy five(75)dwelling units per acre through participation in the City's Workforce Housing Program.In addition, projects located within the transit core of the Station Area shall have a minimun density of thirty five (35)dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity Page 62 of 206 development nodes at strategic locations that support downtown redevelopment,while in certain location also providing a proper continuum of,or transition in scale between the Mixed Use Core(MU-14C)and Mixed Use- 3 (MU-E3)Districts. e. Mixed Use-u'g' Core (MU-44f). The MU-44C district implements the+aMixed oUse c-Core(MX-C)future land use map(FLUM)classification of the Comprehensive Plan and has a maximum residential density of eighty(80)dwelling units per acre,except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be one hundred(100)dwelling units per acre through participation in the City's Workforce Housing Promo rain.In addition,projects located within the Station Area shall have a minimum density of thirty(30)dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the cCentral bBusiness dDistrict(CBD)in the historic downtown and marina district. 3. Location and General Use Requirements. a. General. The mixed use(urban)districts are intended for projects that promote sustainable design with respect to land use, energy conservation,resource management,and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes,employment centers,community areas,or have sustained or are complicated by environmental contamination. The mixed use(urban)zoning districts shall be applied to selected geographic areas east of I-95,where a mixture of uses and building intensities is intended to implement the city's Comprehensive Plan, C R,IC, lnlnunity Redevelopment Plans,and urban design guidelines including goals involving compact design,transit-oriented development,employment,population,transportation, housing,public facilities,and environmental quality. Pennitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities,and intensities of development are regulated to achieve,in part,the intended vision as established within the Redevelopment Plan for each of the six planning districts,while ensuring land use compatibility. A master plan as a whole, comprised of individual buildings and parcels,would be reviewed for compliance with the requirements below pertaining to a residential component to the project,and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component shall be reviewed for contribution to employment targets in accordance with FDOT standards for a community center TOD. b All Mi*ed Use Law, Teens:,., Mixed*Use-law ipAens45, 1 (MU-El), Mixed use-104A,iPA014s45,2(MU-E2),and +HMixed+tUse- 5,3 (MU-E3). (1) In order to complement the revitalization efforts in the downtown area,the MU-L zoning districts shall be applied to lands consistent with the Comprehensive Plan F LAUI e Lgiid tJs M i and a= } c= CRA C����ii�Ul ity�fP edevelopment pPlans. Such areas are generally described as Woolbnght Road between I-95 and the FLC Railroad Boynton Beach Boulevard between I-95 and Northwest 1 st Street,Martin Luther King Jr.Boulevard, Southeast 4th Street south to Southeast 5th Avenue,and Ocean Avenue between Southeast 4th Street and Southeast 1st Street. See the fesp� 0111111 nitVRedevelopment pPlan for specific recommendations on locations and boundaries. (2) These MU-E districts are appropriate for low-to inid-rise developments that provide for indium density residential and low to indium intensity commercial and office uses. (3) The review of these applications will emphasize compactness,aesthetics and design quality,and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21 in Chapter 3,Article III, Section S.C.,all new developments within the MU-El and MU-E2 districts that contain a non-residential use shall front on streets designated as"arterial",or"collector",roadways on the Functional Classification of Roadways Map. All projects within the MU-E3 district and proposed within the transit core must contain a residential component,and all projects proposed within these+nMixed ttUse4we intensity districts that front on an arterial road must have space on the first floor devoted to coni nercial use. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use-4(MU-4). (1) The+HMixed+tUse-,:��4(MU-4)district shall only be applied to lands classified as mixed use-core(MX-C) on the future land use map as recoimnended by the Community Redevelopment Plan. (2) The MU-4 district is appropriate for high density/intensity development intended for designated nodes such as properties at the intersection of US-1 and Woolbright Road,and the downtown area,which is generally located east of the FEC Railroad, including the marina district,and which extends out from the planned train station by approximately three(3)to four(4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District Overlay (the Station Area)must contain a residential component and have space on the first floor which shall be devoted to coimnercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial"roadways on the Functional Classification of Roadways Map. d. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: Page 63 of 206 (1) Height,density and intensity of development shall be consistent with the redevelopment plan for the redevelopment district; (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one and one-quarter(1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided,in accordance with the landscape regulations of this Code,where the rezoned property abuts single-family residential zoning ed. Mixed Use-uig'�-Core (MU-14C).(1) The+HMixed+iUse ,�:��C(MU- �district shall only be applied to lands classified as mixed use-ems €�17ih (MX-EII)on the future land use map. (2) The MU-14C district is appropriate for high density/intensity development intended for the downtown area,which is generally located east of the FEC Railroad,including the marina district,and which extends out from the planned train station by approximately three (3)to four(4)blocks. Such developments shall include a inix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District Overlay (the Station Area)must contain a residential component and have space on the first floor which shall be devoted to coininercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial'roadways on the Functional Classification of Roadways Map. de. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height,density and intensity of development based on toe read ay f+ai4 ge the standards indicated in Table 3-21; (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one and one-quarter(1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided,in accordance with the landscape regulations of this Code,where the rezoned property abuts single-family residential zoning. B. Use(s)Allowed. See"Use Matrix,Table 3-28" in Chapter 3,Article IV,Section 3.D. C. Building and Site Regulations. Page 64 of 206 Sect.5.C.1.Building and Site Regulations(Table 3-21). MIXED USE,URBAN MU_L1 MU-L2 MU-L3 MU-4 MU44C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 1502 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)33 45 65 75 100 150/125' Maximum Density(DUs/Acre)}°L0� Lz 20 -3440, 4430, 60 80 Maximum F.A.R.`11 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)4�: All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement�'- Abutting a Local street e-' 0�'7 e-' 0�'7 e-' Interior side 0�'7 e-' 0�'7 e-' Building Setbacks,Minimum Rear abutting: Residential single-family 25�5/0r 5"� 25 5 255 25 5 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255 f"� 255 255 25 5 25 5 Usable Open Space,Minimum(sq.ft.)49 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. -43. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35)feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 64. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU-L or residential zoning district not separated by a right-of-way. -75. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 96. Where there is an intervening right-of-way of at least forty(40)feet. 4. c41.:o,.t to P 447. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which determines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts is 16 ft.See Section 5.C.2.below for additional relief provisions from build-to line requirements. 44-8. Listed eligible historic structures are not required to meet these standards. -149. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8 for additional regulations. 4410. Projects within the transit core shall have minimum densities as follows:MU-Ll-eleven(11),MU-L2-twenty(20),MU-L3-thirty(30),MU-4-thirty-five (35)and MU-44C-forty(40)dwellings per acre(except that minimum density for the MU-44C district applies to projects located within the entire station area). 4511. Projects within the transit core shall have a minimum FAR as follows:MU4,3-one and three-quarters(1.75),MU-4(2.0)and MU-44C-two(2.0)(except that minimum FAR for the MU-44C district applies to projects to be located within the entire station area). 4612. The maximum density for projects within the Downtown Transit-Oriented Development District 0- (the Station Area)maybe increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the Citv's Workforce Housing Program. Page 65 of 206 Code of Ordinances, Part III. LDR Ch. 3,Art. III.Sect. 8. Overlay Zones B. Martin Luther King Jr. Boulevard Overlay Zone. 1. Intent. This overlay zone has been established to implement recommendations from the Vision 20/20 Redevelopment Plan, which identified a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance,potted landscaping, store windows and public open spaces. This overlay zone is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Jr. Boulevard Overlay Zone(MLKBOZ)is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. 3. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3.D.). 4. Building and Site Regulations. Development within this Overlay Zone shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a. Parcels that have frontage along Martin Luther King Jr. Boulevard shall have the same front setback in accordance with the i*Mixed uUse !&v,ifitef sig, 1 zoning district(see Section 5.C. above). b. Minimum interior and corner side setbacks shall be in accordance with the i*Mixed ttUse- intensity I zoning district (see Section 5.C. above). Page 66 of 206 Code of Ordinances, Part III. LDR Ch. 3,Art.V. Supplemental Regulations, Sec. 10. Mobile Vendor Regulations. A. Purpose and Intent. The purpose of this section is to provide for the regulation of mobile vending activities, including assembly on public and private property, in certain commercial and mixed use zoning districts of the city, in order to promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of mobile vending is necessary to protect the public health, safety, and welfare and the interests of the city in the primary use of public streets, sidewalks, and parking areas, for use by vehicular and pedestrian traffic. B. Definitions. See Chapter 1, Article 11 for specific definitions applicable to mobile vending units (MVU). C. Approval Required. It shall be unlawful for any establishment or organization to engage in or carry on the business of vending food, goods, or services, upon public or private property in the city without first having secured a permit or permits as required by this section. See Chapter 2, Article 11, Section 7.C. for the process and procedure to obtain approval for an MVU. It is not the intent of these Regulations to be applied to mobile vendors temporarily approved in conjunction with a special sales event or Special Event Permit. See Section 6 above for additional regulations regarding special sales events. D. Districts. The operating area of an MVU shall be entirely located in the following zoning districts: C- 1, C-2, C-3, C-4, CBD, PCD, SMU, MU-E1, MU-L-2, MU-E3, MU-4, MU-14C, M-1, PU, REC, PUD, and PID. Page 67 of 206 e. Zoning Districts and Affiliated Process (Table 3-29). Concealed Non- Concealed Non- Mitigation of Antenna Zoning concealed concealed Attached Freestanding Existing WCF Element Co-location 8 District WCF 1 Attached WCF 4 Freestanding 7 Replacement WCF2 WCF4 R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD RR=3 AD AD CC 3 AD AD AD R-4 AD AD CC3 AD AD AD PUD AD AD CC AD AD AD IPUD AD AD CC AD AD AD MBPD CC AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU4-1 AD AD CC AD AD AD MU4-2 AD AD CC AD AD AD MU4-3 AD AD CC AD AD AD MU-4 AD AD CC AD AD AD MU44C AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Page 68 of 206 Legend: AD-Administrative(Staff)Approval CC-City Commission(Public Hearing)Approval Blank-Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty(40) feet in height,not to exceed fifteen(15)feet above the roofline. 2 Non-concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. 3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a non- residential use(school,church). 4 A minimum separation of seven hundred fifty(750)feet is required between freestanding WCF. Requires conditional use approval. In industrial districts,except where prohibited in a mixed use pod with a residential component within a PID,the maximum height shall be limited to one hundred(100)feet if located less than one thousand(1,000)feet from a residential use,and one hundred fifty(150)feet if located in excess of one thousand(1,000)feet from a residential use. 5 Only when located on city-owned property of two (2)acres or more. 6 Restricted to a maximum height of one hundred(100)feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on city-owned site and the lease requires each tenant to have a separate lease with city(each lease requires City Commission approval as a lease amendment),or the lease requires written consent letter(City Commission consent agenda). Zoning Districts: R-1 Single-Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use R-2 Duplex Residential C-3 Community Commercial MU-I.--1 Mixed Use ' ^W IRtG^60 1 R-3 Multi-Family Residential C-4 General Commercial MU-6-2 Mixed Use ' ^W IRtG^60 2 R-4 Multi-Family Residential CBD Central Business District MU-6-3 Mixed Use ' ^W IRtG^60 3 PUD Planned Unit Development PCD Planned Commercial MU-4 Mixed Use 4 Development IPUD Infill Planned Unit Development REC Recreation MU44C Mixed Use 40 Core MHPD Mobile Home Planned PU Public Usage PID Planned Industrial Development Development C-1 Office Professional M-1 Light Industrial Page 69 of 206 f. Maximum Heights of WCF (Table 3-30). Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 55' 3,4 7 7 7 R-2 2 55' 3,4 7 7 7 R-3 1 2 55' 3,4 7 7 7 R-4 1 2 55' 3,4 7 7 7 PUD 1 2 75' 3,4 7 7 7 IPUD 1 2 75' 3,4 7 7 7 MHPD 55' 3,4 7 7 7 C-1 2 55' 4 7 7 7 C-2 2 55' 4 7 7 7 C-3 1 2 75' 4 7 7 7 C-4 1 2 75' 4 7 7 7 CBD 1 2 130' 4 7 7 7 PCD 1 2 75' 4 7 7 7 REC 1 2 100' 4 100' 4,5,6 7 7 7 PU 1 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU-6-1 1 2 70' or less 4 7 7 7 MU-6-2 1 2 70' or less 4 7 7 7 MU-6-3 1 2 70' or less 4 7 7 7 MU-4 1 2 70' or less 4 7 7 7 MU44C 1 2 70' or less 4 7 7 7 PID 1 2 100-150' 4 100-150' 4 7 7 7 M-1 1 2 100-150'4 100-150' 4 7 7 7 Footnotes: I Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height,not to exceed 15 feet above the roofline. 2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than 40 feet in height,and located within a public right-of-way(subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than 50 feet in height. The total length of any antenna shall not exceed 15 percent of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a nonresidential use(school,church, etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district. 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts,except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 5 Only when located on City-owned property of two(2)acres or more. 6 Restricted to a maximum height of b8 100 feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 70 of 206 g. Setbacks and Separation Between WCF (Table 3-31). Concealed Non- Concealed Non- Mitigation of Antenna Zoning concealed concealed Attached Freestanding Existing Element Co-location District WCF Attached WCF Freestanding WCF Replacement WCF WCF R-I 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 R-4 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MBPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU-L-I 1 2 3,4 6 7 MU-b-2 1 2 3,4 6 7 MU-b-3 1 2 3,4 6 7 MU-4 1 2 3,4 6 7 MU44C 1 2 3,4 6 7 Page 71 of 206 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40)feet in height,not to exceed fifteen (15)feet above the roofiine. 2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty(40)feet in height, and located within a public right-of-way(subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company)or on existing ball park light poles that are more than fifty(50)feet in height. The total length of any antenna shall not exceed fifteen percent(15%)of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a non-residential use (school,church,etc.). Maximum height is limited to twenty-five(25)feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty(750)feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID,the maximum height shall be limited to one hundred (100)feet if located less than one thousand(1,000)feet from a residential use,and one hundred fifty(150)feet if located in excess of one thousand(1,000)feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70)feet whichever is less. 5 Only when located on city-owned property of two (2)acres or more. 6 Restricted to a maximum height of one hundred(100)feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 72 of 206 Code of Ordinances, Part III. LDR Ch.4,Art. III. Exterior Building and Site Design Standards Sect. S. Design Standards for Specific Uses in the Use Matrix The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.1), contain special standards related to exterior building and site design: A. Group Home Type land Type 2. For new construction, the facility shall have building elevations that are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. B. Auto Dealer, New. Within the MU-L-3 and MU-14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. C. Auto Dealer, Used. Within the MU-L-3 and MU-14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. D. Gasoline Stations. All Gasoline Stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. E. Automobile Rental. Within the MU-L-3 and MU-14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. See Section 3.G above for additional regulations regarding overhead doors. H. Storage, Self-Service. For all Self-Service Storage facilities adjacent to or visible from any arterial right- of-way roadway, the following shall apply: 1. The exterior colors, facades, windows, roof, and building materials shall be compatible with the character of, or vision for the surrounding. Self-service Storage facilities shall incorporate design elements to achieve the effect of office structures. 2. All facades visible from arterial roadways shall provide variety and interest in the facade(s). These facades shall not exceed 50 feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and 10 feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. 3. Within the SMU, MU-L-1, MU-L-2, and MU-L-3 districts, the following shall apply: Buildings shall be designed to have the appearance of a multi-story retail, office, and/or residential structure through the use of similar windows, shutters, and appropriate building elements on the upper floors. Sec. 6. Design Standards for Development in Urban Areas. A. General. 1. Purpose and Intent. The location of buildings/structures and off-street parking areas proposed for a development can directly impact the aesthetic fabric and quality of life for surrounding properties and the community as a whole. It is the purpose of this section to provide design standards that are tailored to distinct geographic areas of the City to ensure that the location and appearance of buildings/structures and off-street parking areas are appropriate with the type, intensity, scale, and location of redevelopment and new development. The intent of this section is to promote standards that are functional,practical, equitable, and creative. 2. Applicability. Unless otherwise specified, these standards shall apply to new projects and major modifications to existing developments located in the following: a. All properties currently zoned: (1) Central Business District(CBD); or Page 73 of 206 (2) Any "Mixed-Use(Urban)" district. For the purpose of this section, Mixed-Use(Urban) districts shall include the Mixed Use- 1 (MU-El), Mixed Use- 2 (MU-L-2), Mixed Use- (MU-L-3), Mixed Use-4 (MU-4), and Mixed Use- Core (MU-14C) district. b. Any commercially zoned property located: (1) Along Boynton Beach Boulevard, east of Interstate 95 and west of the Florida East Coast (FEC) Railroad right-of-way; (2) Within the Urban Commercial District Overlay Zone(UCDOZ); and (3) Within the Martin Luther King Junior Boulevard Overlay Zone(MLKBOZ). G. Sidewalks. The following regulations shall apply to sidewalks: 1. "Urban Mixed Use" Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a.(2) above: a. Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases,pedestrian access shall be provided to public walkways. 2. Mixed Use- Core (MU-14C) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. Sec. 8. Open Space and Plaza Requirements. A. General. 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as central organizing elements in a large development. They can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. 2. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply. Additionally, specific design provisions within the zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 7.13. below. 3. Applicability (by Zoning District). a. Mixed Use-4 (MU-4) and Mixed Use- Core(MU-14C) Districts. Pursuant to Chapter 3, Article 111, Section 5.C.1, usable open space shall be required for all developments two (2) acres in size or larger. - Such space shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation areas. Page 74 of 206 Code of Ordinances, Part III. LDR Ch.4,Art.V. Min. Off-Street Parking Requirements Sect. 2. Standards B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: xi'a Efficiency or one(1)-bedroom apartment: 1.5 1,2,3 Within(Mixed ttUse 4iehCore district: 1.333 Two (2) or more bedroom apartment: 21,2,3 Within ffiMixed uUse Core: 1.66'3 Dormitories: 1 per unit Hotel & motel suite: 1.25 per unit Within Mixed uUse Core: 1 per unit Group home (types 1, and 2): 2i°a Group home (type 3) 1 per 3 beds Bed &breakfast: 12,4 Live/work unit: 1 per 2 units 1. A minimum of two (2) spaces are required per unit, or 1 space per bedroom, whichever is greatest. Except that dwellings with 5 or more bedrooms are required 1.5 spaces per bedroom. This requirement shall apply to new construction, reconstruction, expansion of existing homes that increase the number of bedrooms, or when the home is the subject of an application for a business tax receipt or certification of use. 2. Residential driveways can be used to satisfy, or partially satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. If garages are used towards meeting minimum parking requirements, said garages shall remain open and available for vehicle parking consistent with the design represented at time of approval. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chanter 2, Article 11, Section S.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article 111, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article 111, Section 4. Page 75 of 206 3. Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three(3) or more dwelling units. 4 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one(1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 5 In addition to the required parking for the residential unit, the city requires that one (1)parking space per two (2)live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred(300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 6 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking at a rate of fifty percent(50%) of the requirement of a standalone operation. 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Conditional use approval shall be required if located within one hundred(100) feet from a residential zoning district or mixed use zoning district. 4. General Note. As a principal or accessory use, it is allowed if there is a minimum separation of three hundred (300) feet between such use and a residential zoning district. The distance shall be measured in a straight line from the property line of the subject use to the property line of the residential zoning district. 5. General Note. This use shall be prohibited on the first floor. 6. General Note. For those projects with frontage on an arterial road, this use is allowed as a permitted use if the ground floor fronting the arterial is devoted to office or retail use; otherwise, conditional use approval shall be required. 7. General Note. Shall exclude drive-through facilities. 8. General Note. Non-residential uses located in a PUD must serve the needs of the PUD and not the general needs of a surrounding area. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be located centrally within the project. The only exception to these rules is when a residential mixed-use project would promote new urbanism design standards and helps to further sustainable initiatives. Such developments shall also be designed to further any applicable recommendations within the corresponding redevelopment plan. 9. General Note. a. All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking requirements for tasting rooms. b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component(i.e., tasting room or retail showroom) to the operation. The size of the tasting room/retail showroom shall be at least ten percent (10%) of the gross floor area or one thousand (1,000) square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. See subparagraph d. below for additional provisions pertaining to beverage manufacturing establishments. c. M-1 District. (1) An accessory commercial component (i.e., tasting room or retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. (2) No drive-up, drive-through, or drive-in facilities shall be allowed. (3) See subparagraph d. below for additional provisions pertaining to beverage manufacturing establishments. d. Beverage Manufacturing. Page 89 of 206 (1) A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10:00 p.m., except Fridays and Saturdays, whereby it may remain open until 11:00 p.m. (2) This type of establishment may be eligible for a live entertainment permit; however, no amplified music shall be allowed. (3) No permanent food preparation is allowed on premises. 10. General Note. Buildings greater than eighty thousand (80,000) square feet shall require conditional use approval. Maximum footprint is one hundred twenty-four thousand (124,000) square feet. Building elevations shall be enhanced with appropriate design elements to break up wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 11. General Note. This use shall be integrated into a mixed use building or development. 12. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial roadway. 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street-Arterial" and "Street- Collector". Except for uses providing Medical Care or Testing (In-patient) shall be limited to lots that front on an arterial roadway. 15. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development. 16. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. 17. General Note. a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent(50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. b. MU-L-1 district, MU-L-2 district, MU-L-3 and.Mt J-4_ndistrict. The subject use is only allowed on lots fronting on arterial or collector roadways. 18. Ocean Avenue Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Ocean Avenue Overlay Zone(OAOZ). b. Any proposed non-residential use that would abut a side property line of a residential use located on Northeast 1st Avenue or Southeast 1st Avenue requires conditional use approval. c. Any allowable use is considered permitted by right,provided that it is proposed on property with frontage on Ocean Avenue; otherwise conditional use approval shall be required. Additionally, no existing uses shall be deemed non-conforming. d. Professional and technical schools allowed in the OAOZ are limited to those that teach the culinary and visual arts. Page 90 of 206 19. General Note. This use shall be prohibited on the ground level of buildings located on lots that front on Ocean Avenue located within the Ocean Avenue Overlay Zone. 20. General Note. This use is allowed as an accessory use to any lawful Arts Campus located within the Ocean Avenue Overlay Zone. 21. General Note. This use is allowed as an accessory use to any city-owned and operated park facility. 22. General Note. This non-industrial use is allowed within the M-1 district,provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided that it has accessory commercial component to the operation. This establishment will be required to meet the following criteria: a. Location. The accessory commercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for retail sales shall be required for establishments twenty-five thousand (25,000) square feet or less. An indoor showroom area of at least one percent (I%) of the gross floor area shall be required for establishments greater than twenty-five thousand (25,000) square feet. 24. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C)land use option. 25. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Governmental & Institutional (G&I)land use option. 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (I)land use option. 27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use(MU)land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 28. General Note. This non-industrial use is allowed within the PID district provided it is located 1) on Lot 3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed Use(MU)land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 29. General Note. This use is allowed within the PID, except on lots that have either a Governmental & Institutional (G&I) or Mixed Use (MU)land use option. 30. General Note. If proposed on Lot 3B of the Boynton Commerce Center PID, it shall be required to have an on-site manufacturing component to the operation. 31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has an Office(0)land use option. No drive-through facility shall be allowed in connection with this use. 32. General Note. a. Landscaping. All exterior(temporary) storage of equipment shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. Page 91 of 206 b. M-1 district. Outdoor storage of equipment shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. No exterior storage of equipment in a wrecked condition shall be permitted. 33. Non-Residential Uses in Single-Family Residential Districts. The following applies to facilities to be located within zoning districts limited to single-family homes (R-1-AAB district, R-1-AA district, R-1-A district, and R-1 district): a. Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors. b. Minimum Lot size. One (1) acre for all non-residential uses, except for day care establishments, which shall be regulated in accordance with Section 3.D.87 below. c. Frontage. Except for day care establishments, a minimum frontage of one hundred fifty (150) feet for all non-residential uses. d. Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. e. Design. Building design shall be consistent with surrounding residential styles. f. Separation. Distances between residential properties and outdoor play areas shall be maximized. 34. Home Occupation. a. Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is for residential purposes. In order for any home occupation to be permitted or continue to be permitted, the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: (1) Compatibility. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. (2) Size. A home occupation shall only be conducted within twenty percent (20%) of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. (3) On-site Restrictions. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (1)person at a time, such as an art or piano teacher, shall be deemed a home occupation). (4) Performance Standards. No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. (5) Traffic. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off-street parking which complies with Chapter 4, Article VI. (6) Storage. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be Page 92 of 206 visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or yard areas for storage of materials and supplies used in business activities. (7) Signage. No sign or display shall be visible other than a non-illuminated sign, not exceeding two (2) square feet in area,placed on the exterior wall of the residence as close as practical to the front entrance. (8) Parking. A panel,pick-up truck, van, or similar type of truck, not to exceed a one(1) ton chassis configuration, may be parked in a residential zoning district. However, such vehicle must be used by a resident of the premises, and no more than one(1) such truck shall be located on each plot. (9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part II of the City Code of Ordinances. 35. Alcoholic Beverages. Subject to the provisions of City Code of Ordinances, Part II, Chapter 3, Alcoholic Beverages. 36. Accessory Dwelling Unit. a. All districts. An accessory dwelling unit is allowed as an accessory use to any lawful non-residential principal use within a non-residential building. Such unit shall have a minimum living area of seven hundred fifty (750) square feet and limited to occupancy by the property owner or business owner/operator. b. M-1 district. This use is allowed as an accessory to any lawful self-service storage facility and which meets the prerequisites contained therein. 37. Bed & Breakfast. a. Generally. A bed &breakfast is a private owner occupied residence having more than three (3) and less than ten (10) guest units, which are subordinate and incidental to the main residential use of the building. Prior to the establishment and operation of a bed &breakfast, all required business licenses and health permits shall be obtained in compliance with all building, sign, sanitary and fire codes. Prior to the issuance of a business tax certificate, which shall be renewed annually, the city shall conduct an inspection of the property to determine compliance with the current requirements of the city's regulations, state building codes, and conditions of approval. b. Interior. (1) Common Area. Within each bed &breakfast establishment, a common area must be provided for a central dining area and for at least one (1) sitting/reading/discussion room. (2) Number of Rooms. The number of bedrooms and bathrooms are to remain unchanged unless modifications are necessary to comply with building, fire, and/or health codes. c. Miscellaneous. (1) Cooking. Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not be served after 11:00 a.m. (2) Maximum Stay. The maximum stay for each guest shall be fourteen (14) consecutive days and not more than fourteen (14) days during any forty-five(45) day period. The owner and/or manager shall maintain a guest book, which accurately identifies all guests for each night's lodging. This register of guests shall be available for city inspection during reasonable business hours. Check-in and check-out shall take place between 8:00 a.m. and 8:00 p.m. only. (3) Owner. The owner of the bed &breakfast establishment must reside on the premises. Page 93 of 206 (4) Commercial. Commercial social activities and events and the sale of merchandise to non-guests are prohibited in the bed&breakfast establishment. (5) Kitchenettes. Existing kitchenettes within one(1) or more guest units are considered within the scope of this section and will not have to be removed. 38. Dwelling, Two-Family (Duplex). a. C-3 district and PCD district. A two-family dwelling (duplex) shall comply with the R-2 district regulations. See Chapter 3, Article III, Section 2.E. 39. Dwelling, Multi-Family. a. C-3 district and PCD district. A multi-family dwelling shall comply with the R-3 district regulations. See Chapter 3, Article III, Section 2.F. 40. Group Home a. Group Home Type 1 Maximum persons per unit. Two (2)persons per bedroom, not to exceed ten (10)persons including a resident caretaker or overseer. b. Group Home Type 1 and 2 (1) Common Area. At least ten percent (10%) of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety or recreational or therapeutic activities may occur. (2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities available for the preparation of food. (3) Design. Pursuant to Chapter 4, Article III, Section 3.G.1, the appearance of the group home shall be residential in character and similar in appearance to the surrounding neighborhood. (4) Parking. See the Chapter 4, Article V for applicable parking requirements. c. Group Home Types 2. (1) Two (2)persons per bedroom, not to exceed 14 persons including a resident caretaker or overseer. (2) Conditional use approval is not required within a Planning Unit Development (PUD)if approved on the master plan or modified master plan. d. Group Home Types 3. (1) PUD or Mixed Use Zoning District. Conditional use approval is not required within a planned development zoning district (i.e. PUD or MU Zoning District)if approved on the master plan or modified master plan. (2) L1!j—_ ,_YU-2, MU-3-andiMtmJ-4. Projects require a minimum of 60% of the dwelling units to be for independent living with full kitchen and bath facilities, and not require licensing by the State of Florida Department of Health. 41. Hotel & Motel (includes Boutique, Extended-stay, Apartment, Timeshare Apartment). Page 94 of 206 a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses. c. CBD District. Apartment hotels require conditional use approval. d. PCD District. Timeshare apartments shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. e. SMU District. Hotels require conditional use approval. Apartment hotels, boutique hotels, and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. f. MU-L-1 District, MU-L-2 District, ai+d MU-L-3 District_an,d.,_�1t.J-4 District. Timeshare hotels are not listed as permitted uses. Boutique hotels and motels are prohibited uses. g. MU-4 District and MU-14C District. Boutique hotels require conditional use approval and must be integrated into a commercial or mixed use development and not exceed thirty percent(30%) of the gross floor area of the entire development. Apartment hotels and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. h. PID district. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Hotel (H)land use option. 42. Live-Work Units. a. SMU District. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live-work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation. All respective site plan pages shall identify all proposed live-work units and buildings. Live-work units shall be tallied in the site plan tabular data. (1) Location. To minimize impacts to the greater neighborhood, units planned for live-work units shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Use(s): Non-residential uses that are permitted in live-work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live-work units, subject to issuance of occupational license are located in subsection (16) below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic,parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses within designated live-work units, subject to processing through the city's business tax office: Addressing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping,janitorial Commercial artist/design studio Commercial photography Computer programming service Computer software development Data processing Page 95 of 206 Direct mail advertising services Editing,proofreading, typing service Paralegal Party supplies, rental/leasing (office only, no storage on-site) Private investigator Recording service Secretarial service Boat broker (office only) Alteration, dressmaking shop, tailor Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Appraiser Architect Attorney Auctioneer(office only) Author Broker Business analyst Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter(office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Page 96 of 206 Public relations office Real estate sales/management office Travel agency Tutoring or instruction (academics, music, art) Art studio with ancillary sales (3) Floor Area. The minimum floor area of a live-work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live-work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (4) Construction. Each live-work unit shall be a separate unit from other uses in the building. The ground floor of all live-work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live-work units or other uses in the building. (5) Accessibility. Buildings designated as live-work units shall provide universal accessibility to the front and to the interior space of the non-residential area of the live-work unit from the public sidewalk adjacent to the street. (6) Miscellaneous. No more than two (2) on-site employees, in addition to the resident(s) of the live- work unit, may undertake business activities from said unit. At least one (1)resident of an individual live-work unit shall maintain a current occupational license for a business located in that unit. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. b. MU-L-1 District, MU-E2 District, MU-E3 District, MU-4 District and MU-14C District. The following restrictions apply to projects within zoning districts that contain master plans approved for live-work units: (1) Floor Area. The minimum floor area of a live-work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live-work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (2) Use(s). The work activity in a building where live-work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live-work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process,product or wastes. (3) Construction. Each live-work unit shall be a separate unit from other uses in the building. (4) Accessibility. Access to each live-work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5) Separation. Each live-work unit shall be a separate unit from other uses in the building. Access to each live-work unit shall be provided from common access areas, common halls, or corridors, or directly from the exterior of the building. (6) Miscellaneous. At least one (1)resident of an individual live-work unit shall maintain a current business tax receipt for a business located in that unit. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a Page 97 of 206 person not working in the same unit. No live-work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live-work units in a single structure to exclusively residential use shall be permitted where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 43. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store. a. CBD District. Bait and tackle shops are permitted as an accessory use to marinas, including yacht clubs. b. PID district. This use is also allowed as an accessory use to an artist studio. 44. Auto Dealer, (New &Used). a. C-4 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. b. MU-L-3 district and MU-14C district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials,parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. c. M-1 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. d. PID district. This non-industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R (with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the"I" and "I/Retail" use options. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way, with the exception that a single merchandise item may be visible from abutting rights-of-way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent"adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. Page 98 of 206 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU-4 District and MU-14 District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on- site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. e. M-1 District. Allowed only as a conditional use accessory to the repair of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f. PID District. Required conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R (with retail sales) option. Inventories must be stored/displayed indoors. 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of- way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection. A convenience store with retail gasoline sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand(30,000) square feet. (3) Frontage. Minimum street frontage: two hundred twenty-five(225) feet on each frontage measured from the intersecting right-of-way lines of the public streets. (4) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five(45) feet in width; and (c) Driveways shall not be located less than thirty (30) feet from any interior property line. (5) Setbacks. (a) No canopy shall be located less than twenty (20) feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (6) Storage. No outside storage of materials,parts, and no overnight storage of vehicles outside. (7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (8) Landscaping. See landscaping standards in Chapter 4. Page 99 of 206 (9) Lighting. See lighting standards in Chapter 4. (10) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (11) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (12) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non-conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side- 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five(75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side- 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five(75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred(200) feet from any public right-of-way. Page 100 of 206 (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.D.46.a.(5)(a) above; (b) Section 3.D.46.a.(5)(b) above; (c) Section 3.D.46.c.(3)(a) above; or (d) Section 3.D.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact. d. MU-L-3 District and MU-14 District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use(MU)land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side- 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five(75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. 47. Grocery Store. a. MU-L-1 District MU-E2 District MU-E3 District M1.J-4-District-and MU-14C District. Gross floor area of grocery store must be a minimum of fifteen thousand (15,000) square feet and a maximum of eighty thousand (80,000) square feet. Page 101 of 206 48. Hardware Store. a. CBD District. Excluding lumber or building materials dealers, lawn & garden shops, glass, electrical, plumbing, heating supplies, and the like. b. MU-L-1 District, MU-L-2 District, MU-L-3 District, MU-4 District, MU-14C District, and PID District. Indoor storage/ display only and shall not exceed ten thousand (10,000) square feet. c. PID District. This use excludes an on-site lumber yard and any other exterior(outside) activity or storage. 49. Home Improvement Center. This use excludes an on-site lumber yard and any other exterior(outside) activity or storage. 50. Marine Accessories. a. C-2 District. Excluding any installation on premises, and excluding machine shop service. b. MU-L1 District, MU-E2 District, MU-E3 District, MU-4 District and MU-14C District. Indoor storage/display only and shall not exceed ten thousand(10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service,parts, or repair is also prohibited. 51. Merchandise New. This use excludes an on-site lumber yard and any other exterior (outside) activity or storage. 52. Merchandise, Used(Antique& Consignment Shops and Bookstores). Gross floor area shall not exceed twenty five thousand(25,000) square feet, except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet. The maximum size may be increased up to ten thousand (10,000) square feet if approved as a conditional use. This size restriction shall prevail if it conflicts with the size limit set by another applicable note. An auction house is allowed but only as an accessory use qualifying under this paragraph. 53. Merchandise, Used(Other). This establishment shall be limited to a maximum of five thousand (5,000) square feet of gross floor area except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet, and must be located a minimum distance of two thousand, four hundred (2,400) feet from another merchandise, used (other) or multiple-vendor market establishment, as measured by direct distance between property lines. The floor area of an existing merchandise, used (other) establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. 54. Mobile Vending Unit (MVU). See Chapter 3, Article V, Section 10 for additional regulations regarding an MVU. 55. Multiple-Vendor Market. A multiple-vendor market shall be limited to five thousand(5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from another multiple-vendor market or merchandise used (other) establishment, as measured by direct distance between property lines. The floor area of an existing multiple-vendor market establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. Page 102 of 206 56. Nursery, Garden Center, & Farm Supply. The exterior display of live plants is exempt from the three hundred (300)-foot distance requirement of Chapter 3, Article V, Section S.D. and such plants may remain outdoors after normal business hours provided that their placement complies with the location criteria of Chapter 3, Article V, Section S.C. 57. Pharmacy & Drug Store. a. All Districts. No more than fifteen percent (15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule II controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). b. MU-4 and MU-14C District. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1) Seven hundred fifty (750) feet: For uses with less than five thousand(5,000) square feet of gross floor area; (2) One thousand, five hundred(1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. 58. Restaurant. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non-industrial use is allowed within the M-1 district,provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred(2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 59. Restaurant(Take-Out). a. M-1 district. This non-industrial use is allowed within the M-1 district,provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred(2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 60. Auto/Car Washes (Polishing, Waxing, Detailing). a. C-2 District, C-3 District, C-4 District, and PCD District. Only a fully automated-style auto/car wash facility is allowed as an accessory use to a gasoline station. However, conditional use approval is required for this component of the establishment. b. PID District. Only allowed as an accessory use to an auto dealer, new or used. 61. Automobile Rental. Page 103 of 206 a. C-3 District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is required. In addition, the following criteria must be met: (1) Location. On sites greater than seventy-five(75) acres and only within a separate building in a shopping center, automobile rental is allowed subject to the following additional conditions: (a) The customer service area shall be located within the building being used for an automotive, minor repair; (b) No more than twelve(12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; (c) No fueling or refueling of automobiles shall be permitted on-site. b. C-4 District. Automotive, minor repair is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. d. MU-L-3 District and MU-14C District. The indoor storage/display of fleet vehicles are permitted but shall not exceed ten thousand (10,000) square feet. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (1) Access. Shall not be directly from any major roadway. (2) Storage. No outside storage of materials,parts, and vehicles. (3) Design. Pursuant to Chapter 4, Article III, Section 3.A.7., overhead doors shall not be visible from any major roadway frontage. 62. Automotive, Minor Repair. a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline station. Conditional use approval is required for this component of the establishment. b. C-3 District. (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and also to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive, minor repair is allowed as a principal use,provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five(75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan,provided that the subordinate stand-alone building and/or outparcel Page 104 of 206 within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five(75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds,passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10)persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10)persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. This use is allowed within the C-4 district but it shall not be located on a lot that borders an arterial roadway. All repair functions must occur within enclosed buildings and exterior storage of vehicles in a damaged or disassembled condition must be adequately screened from rights-of-way and adjacent properties. d. PCD District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive, minor repair is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use, and shall be adequately screened. f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used. 63. Automotive, Major Repair. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 64. Automotive Window Tinting/Stereo Installation/Alarms. a. C-2 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to a gasoline station; merchandise, new (supercenter, discount, department, club); or an electronics & appliance store. Conditional use approval is required for this component of the establishment. b. C-3 district. (1) As an Accessory Use. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive window tinting/stereo installation/alarms is allowed as a principal use,provided that it is located on a lot that is at least five(5) acres. The following restrictions shall also apply, where applicable: Page 105 of 206 (a) On sites of greater than five (5) acres and less than seventy-five(75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan,provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five(75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds,passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10)persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10)persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. d. PCD District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive window tinting/stereo installation/alarms is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 65. Check Cashing. a. C-3 District, C-4 District, and PCD District. Check cashing shall be limited to five thousand (5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred(2,400) feet from another such establishment, as measured by direct distance between property lines. The floor area of an existing check cashing establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. 66. Dry Cleaner. a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of clothing. b. SMU District, MU-L-1 District, MU-L-2 District, MU-E3 District, MU-4 District and MU-14 District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand(2,000) square feet. Page 106 of 206 67. Funeral Home. A funeral home is allowed as an accessory use to a cemetery. 68. Personal Care(Beauty, Hair, Nails). a. R-3 District, PUD District, C-2 District, C-3 District, C-4 District, CBD District, PCD District, all "Mixed Use" Districts and PID District. In these districts, body piercing and tattooing are allowed, but only as accessory to a lawful principal use. In the M-1 district however, such businesses are allowed as a principal use, but only in accordance with Section 3.D.4. above. 69. Pet Care(Boarding and Daycare). a. All Districts. Conditional use applications must include provisions for proper care and mitigation of potential impacts on adjacent properties. Pet care (boarding and daycare)is allowed as an accessory use to either a pet care (grooming) or pet care (veterinary services) establishment, but it requires conditional use approval if it exceeds twenty-five percent (25%) of the floor area or two thousand, five hundred (2,500) square feet, whichever is less. b. C-2 District, C-3 District, C-4 District, CBD District, SMU District, MU-L-1 District, MU-L-2 District, and PID District. No external kenneling is allowed in these districts, either as a principal or accessory use. c. PCD District. No external kenneling is allowed, either as a principal or accessory use. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of six hundred (600) feet. d. M-1 District. External kenneling shall only be allowed for those establishments located in excess of six hundred (600) feet from residentially zoned property. Such uses shall also comply with the requirements of City Code of Ordinances Part II, Chapter 4, Section 4-4, except that the maximum enclosure size and area standards within 4-4(b)2.a. shall not apply. 70. Postal/Mail Center. a. All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet. c. MU-4 District and MU-14 District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 71. Repair, Rental, & Maintenance of Home/Garden Tools. a. C-3 District. Excluding exterior display or storage of merchandise. b. PCD District. Excluding exterior display or storage of merchandise. The repair and service of merchandise shall be permitted as either an accessory or principal use, for any merchandise, which is typically sold in the PCD district. 72. Hospital. A helipad(also known as a helistop) may be allowed as an accessory use to a hospital establishment, but it shall require conditional use approval. 73. Business or Professional Office. Page 107 of 206 a. "Mixed Use" Districts. This use shall be integrated into a mixed use building or development. It must not 1) occupy more than fifty percent(50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. However, this requirement does not include those developments that contain such uses in excess of one hundred thousand(100,000) square feet. 74. Social Service Agency. a. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: Arterials and collectors. (2) Size. The maximum building size shall be limited to two thousand(2,000) square feet(per lot); however, for properties located within the boundaries of the Federal Highway Corridor Redevelopment Plan, the maximum building size may be larger, but not to exceed five thousand (5,000) square feet. (3) Design. Building design shall be consistent with surrounding residential styles. (4) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 75. Adult Entertainment. a. Finding of Fact. The city acknowledges that nude and exotic dancing and entertainment is an expression protected under the First Amendment of the Constitution of the United States. Such expression communicates a message to the intended audience but shall not be obscene, as defined by the courts, nor involve children. The Supreme Court has upheld local regulations that are not intended to preclude such protected expression, but rather to prevent the harmful side effects known as "secondary effects." Based on various reports, studies, and judicial opinions generated throughout the country, including within the State of Florida, the City of Boynton Beach finds it in the interest of health, safety,peace,property values, and general welfare of the people and businesses of the City of Boynton Beach to regulate said businesses to control the secondary effects associated with them. Secondary effects have been proven to include, in part, increased criminal activities, moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole. By limiting the location and concentration of such uses, by limiting the proximity of such uses to places of residence and public gathering, and by restricting the sale of alcohol within or nearby said establishments, the secondary effects referenced above will be avoided or minimized. Also contributing to the control of secondary effects are restrictions on operational characteristics, including the interaction between nude or partially nude entertainers, and patrons, customers, other employees and entertainers, given the threat they represent to the health of others through the spread of communicable and social disease. Requirements regarding buffers and stage designs are intended to protect public health while preserving the forms of expression intended by the protected nude and exotic entertainment. b. Terms and Definitions. See Chapter 1, Article II for all terms and definitions (e.g., alcoholic beverage establishment; nudity; partial nudity)pertaining to adult entertainment establishments. c. All Districts. In addition to the requirements of the underlying zoning district, other applicable general regulations, county licensing requirements, and City Code of Ordinances Part II, Section 3-6, the following requirements shall apply to adult entertainment establishments: (1) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above use by the I-95 right-of-way and CSX rights-of-way, or the Boynton (C-16) Canal right-of-way. Page 108 of 206 (2) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from any church use (house of worship); residential zoning district(including a mixed use district containing a residential component or a mixed use pod of a planned industrial development); public usage(PU) district; recreation district except where the subject property is a preserved natural area not accessible to the general public; or schools measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above uses by the I-95 and CSX Railroad rights-of-way, or the Boynton (C-16) Canal right-of-way. 76. Artist Studio. a. C-3 District, C-4 District, CBD District, PCD District, and all "Mixed Use" Districts. The fabrication, bending, welding, assembly, or processing of any heavy metal, wood,plastic, or similar products shall only be allowed for establishments located within the M-1 district. 77. Entertainment, Indoor. a. C-2 District. Limited to amusement arcades and shall be only allowed in a shopping center located on an arterial roadway. b. M-1 District. Limited to indoor playground/play centers and amusement arcades only. 78. Entertainment, Outdoor. a. C-3 District and PCD District. Must be at least one thousand(1,000) feet from a residential use. 79. Marina, Including Yacht Club. a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. b. IPUD District. Private marinas, as a principal use, requires the following: (1) Minimum lot area: Four(4) acres. (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width of two hundred (200)feet. (3) Maximum height: Forty-five(45) feet. (4) Principal land uses may include boat and yacht clubs, and private or public marinas (see Chapter 1, Article II, Definitions) contingent upon being located within an area identified with the "Preferred" siting designation by the 2007 Palm Beach County Manatee Protection Plan. However, major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure except as otherwise allowed by paragraph (6)below. The above noted principal uses, when combined with residential uses, in which the residential component occupies twenty-five percent (25%) or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (5) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary stays shall be allowed for a maximum of three (3) nights within a twelve (12)-month period. (6) The following uses shall be allowed as accessory to one (1) of the principal marine uses described above: boat brokerages, ship's stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. Page 109 of 206 (7) Marine-oriented and water dependent uses shall meet all the requirements of Section 3.C.5. above, except for subparagraph (a)in that a marina may be the sole principal use of a project and is not required as a component of a mixed use development containing dwelling units. (8) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or required parking spaces. (9) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure(e.g., three-sided and roofed) designed and oriented to minimize external impacts. (10) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (11) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site. (12) In addition to adhering to the city's sound regulations, no equipment, machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood. (13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for commercial buildings and boat storage facilities. (14) Landscaping above and beyond the regulations cited elsewhere in this Code shall be required for all non-residential buildings in excess of forty thousand (40,000) square feet, in order to reduce the perceived scale and massing of such buildings. (15) The width of the foundation planting areas visible from streets or residential properties shall be fifty percent (50%) of the facade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building facades, however in no instance shall the planting area be less than twelve (12) feet in width. (16) The height of the plant material shall be in relation to the height of the adjacent facade or wall. Further, the height of fifty percent(50%) of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3)palm trees shall be installed within the foundation planting area every twenty (20) feet on center along each facade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire facade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. (17) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts; or where there are differences in density, intensity, or building heights or mass; or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm may be required in addition to the above regulations. (18) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the project will be mitigated. 80. Rentals, Recreational (Bicycles, Canoes, Personal Watercraft). a. MU-L-1 District, MU-L-2 District, and MU-L-3 District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. 81. Sightseeing & Scenic Tours. Page 110 of 206 a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU-El District, MU-E2 District, MU-E3 District, MU-4 District and MU-14C. District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. 82. Theater. All outdoor style theaters (i.e. band shell, amphitheater) require conditional use approval. 83. Cemetery. a. C-1 District, C-2 District, C-3 District, C-4 District, PCD District, MU-L-1 District, MU-L-2 District, and MU-L-3 District. On parcels ten (10) acres or greater, a cemetery may be allowed as an accessory use to a funeral home establishment. 84. Church. a. R-1-AAB District, R-1-AA District, R-1-A District, and R-1 District. Expansions and improvements to, and redevelopment of pre-existing places of worship that do not meet the minimum lot standards of the zoning district, or the other requirements of Section 3.D.33 above shall be allowed in accordance with the following requirements: (1) Improvements shall only be allowed if the subject property was under proper ownership prior to the adoption of these regulations. Ownership shall be based on the records of the County Property Appraiser's Office. (2) Rights-of-way for primary access shall be adequate and improved in accordance with (Engineering Design Handbook and Construction Standards); (3) The size of building improvements shall be allowed up to a maximum of 100% of the pre- existing area. (4) Expansions that would increase operational space or capacity, shall require that all existing parking areas and related landscaping meet the requirements of the city's land development regulations. (5) Parking. Projects eligible for parking space reductions of the MLK Overlay District, shall be required to meet a minimum of seventy-five percent (75%) of the spaces required under Chapter 4, Article V, Section 3.D. (6) Non-conforming and blighted conditions. Expansions that increase operational space or capacity shall require improvements to all existing facilities to raise them to a similar appearance level as the proposed improvement and additions. Sidewalks shall be added where partially or totally absent along the boundary of the subject use. This requirement shall apply to all parcels used to support the principal use, including those lots that abut the principal lot or that are separated from the principal lot by other properties or rights-of-way. (7) Design. Additions or new facilities shall be designed to be compatible with its surroundings and/or adopted community redevelopment plan to further the historic and architectural character of the neighborhood. (8) No newly proposed physical improvements other than a wall/fence or landscaping shall be placed closer than thirty (30) feet from a parcel containing or zoned for a single-family residence. (9) Any outdoor play areas shall be located a minimum of thirty (30) feet from a parcel containing or zoned for single-family residence. (10) The foregoing conditions shall also apply to any repairs or reconstruction required due to damage from fire, a major storm event, or other natural occurrence. b. R-2 District and R-3 District. Page 111 of 206 (1) Separation. Distances between residential properties and outdoor play areas shall be maximized. (2) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 85. Government, Municipal Office/Emergency/Civic Facilities. a. All Districts. Conditional use approval shall be required for gross floor area in excess of five thousand (5,000) square feet. 86. Government, Non-Municipal Office Facilities. a. All "Mixed Use," M-1 District, and PID District. This use shall be integrated into a multiple-tenant building. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; or 2) exceed thirty percent(30%) of the gross floor area of the mixed use development, where applicable. b. M-1 District. This non-industrial use is allowed within the M-1 district,provided that it 1) excludes a drive-up, drive-through, or drive-in facility; and 2) complies with all off-street parking requirements of Chapter 4, Article V. 87. Day Care. a. R-1-AAB District, R-1-AA District, R-1-A District, R-1 District, and PUD District. The following applies to facilities to be located within zoning districts limited to single-family homes: (1) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section S.G. (2) Lot Size. A minimum of one-half(0.5) acre. (3) Separation. Minimum separation requirement between day cares shall be two thousand, four hundred (2,400) feet(this distance separation requirement should not apply to day care uses limited to specific groups such as church members, and should not be intended to place restrictive limits on the expansion/improvement of those uses existing prior to codification. b. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors; (a) Lot size. A minimum of one-half(0.5) acre; (b) Landscaping. A minimum buffer width of five(5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between outdoor play areas shall be maximized; (c) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section S.G. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and Page 112 of 206 (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. 88. Stone Cutting & Finishing. Conditional use approval shall be required if located within two hundred (200)feet of a residential zoning district or a Mixed Use Pod of a PID. 89. Storage, Boats/Motor/Recreational Vehicles. a. CBD District, MU-L-2 District, MU-L-3 District, and MU-14 District. The wet storage of boats is allowed as an accessory use to a marina, including yacht club. The dry storage of boats shall be prohibited. b. M-1 District. No exterior storage of boats, motor, or recreational vehicles in a wrecked condition shall be permitted. (1) Landscaping. All exterior(temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20)feet in height and shall be shielded away from residential property. 90. Storage, Self-Service. a. All Districts. All self-storage facility uses shall comply with the following: (1) Rental Facility Office. A maximum of one thousand(1,000) square feet of the rental office may be devoted to the rental and/or sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. (2) Security Quarters. A single residential unit for security purposes, not to exceed one thousand, two hundred (1,200) square feet may be established on the site of a self-service storage facility provided that said facilities are at least thirty thousand (30,000) square feet. This dwelling unit shall be considered a limited exception to the general prohibition of residential uses in industrial zones. The security quarters may continue only so long as the self-service storage facility remains active. The security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager, or employee of the owner of the facility, and respective family. (3) Use of Bays. The use of storage bays shall be limited to dead storage of household goods,personal property, or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain approval or other governmental permit or license to conduct business. Other prohibited uses include storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials. Further: (a) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. (b) Storage bay doors shall not face any abutting property that is residentially zoned or any public or private right-of-way. (c) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. (d) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. Page 113 of 206 (e) Design. For all self-service storage facilities adjacent to or visible from any right-of-way, the following shall apply: (i) The exterior colors, facades, windows, roof and building materials of all structures located on-site shall be compatible with the character of or vision for the surrounding area. Self-service storage facilities shall incorporate design elements to achieve the effect of office structures. (ii) All facades viewable from rights-of-way shall provide variety and interest. These facades shall not exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one(1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. (f) Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. (g) Exterior storage. (i) Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas designated for landscaping buffering purposes. (ii) Pleasure boats stored on-site shall be placed and maintained upon wheeled trailers. No dry stacking shall be permitted on-site. (iii) The outside storage area shall be constructed with a dust-free surface. b. Multi-Access Self-Storage Facilities. In addition to the general standards above, multi-access self- service storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a multi-access self-storage facility shall be two (2) acres. (2) Circulation. The following on-site circulation standards shall apply: (a) Interior: Interior loading areas shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisleways shall be twenty-five(25) feet if only one-way traffic is permitted, and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve(12) feet between aisleways will be required when utilized for outdoor storage. (b) Flow: The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. (c) Access: Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning of aisleways. (3) Height. Limited access and combination multi-access and limited-access self-service storage facilities shall conform to the maximum height for that district. The maximum height for multi-access self- service storage facilities shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other mechanical equipment. c. Limited Access Self-Storage Facilities. In addition to the general standards above, limited-access self- storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a limited access self-storage facility shall be one(1) acre. (2) Loading. (a) Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two (2)loading berths and related maneuvering area. Page 114 of 206 (b) The loading areas shall not interfere with the primary circulation system on-site. (3) Circulation. The following on-site circulation standard shall apply: (a) Interior. If a minimum twenty (20) feet accessway is provided adjacent to the building and serves no other use except the self-service storage facility, then the loading area may be established parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic. (i) One-way: 25 feet; and (ii) Two-way: 30 feet. d. SMU District, MU-L-1 District, MU-L-2 District, and MU-L-3 District. Only limited-access self-service storage facilities are allowed within mixed use districts. Multi-access self-service storage facilities are prohibited. (1) Location. Permitted only on lots fronting on major arterial roadways. Retail uses unrelated to the storage business are relegated to the ground-floor. Street frontages of the ground floor area shall be devoted to one (1) or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20)feet. (2) Driveways. Access to the self-service storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public rights-of-way. (3) Design. Buildings shall be designed to have the appearance of a multi-story retail, office, and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. e. M-1 District. (1) Buffers. All perimeter buffers adjacent to residentially-zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five(25) feet on-center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights-of-way and non- industrial properties. Screening materials shall be comprised of a buffer wall, eight (8)feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty- five(25) feet on-center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. 91. Boat Repair. a. Landscaping. All exterior(temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment must be adequately screened from adjacent rights-of-way and properties. Page 115 of 206 c. M-1 District. The exterior storage of boats or equipment must be adequately screened from adjacent rights-of-way and properties. The dry stacking of any boats shall be prohibited. d. PID District. Only allowed as an accessory use to a retail boat dealer. 92. Carpet and Upholstery Cleaning Services. Permitted off-site only. 93. Contractor. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred(200) feet of a residential zoning district. c. M-1 District. Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. 94. Lawn Maintenance& Landscaping Service. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Outdoor storage and workshop shall require conditional use approval if located within two hundred (200)feet of a residential zoning district. 95. Radio & TV Broadcasting. Refer to the wireless communication facilities section in Chapter 3, Article V (Supplemental Regulations) of the Land Development Regulations. 96. Research & Development, Scientific/Technological. Excluding treatment, storage, or processing of human or animal bodies or body parts. Medical or scientific research which involves the use, treatment, storage, or processing of human or animal bodies or body parts would require conditional use approval. 97. Sewer/Septic & Waste Mgmten Cleaning. This use excludes the storage, treatment, transfer, dumping, or disposal of waste on-premises. 98. Taxi, Limo, Charter Bus. a. C-2 District, C-3 District, C-4 District, CBD District, and PCD District. Office only; fleet vehicles shall be stored in a zoning district where storage, boats/motor/recreational vehicles is allowed. b. M-1 district. No exterior(temporary) storage of fleet vehicles in a wrecked condition shall be permitted. In addition, the following shall apply: Page 116 of 206 (1) Landscaping. All exterior(temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20)feet in height and shall be shielded away from residential property. (3) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 99. Community Garden. a. All Districts. (1) Setbacks. The cultivation area shall be setback or designed (planted) a minimum distance so as to not violate any cross-visibility requirements and safe-sight standards required near vehicular use areas. (2) Design. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities. (3) Parking. Community gardens shall be exempt from the off-street parking requirements of Chapter 4, Article V, Minimum Off-Street Parking Requirements. No vehicles, including harvesting machinery shall be stored on the subject property or within the abutting right-of-way, except that such vehicles may be on the property as necessary for completion of grading performed in accordance with a land development permit. See Chapter 2, Article III, Section 3 for the regulations pertaining to the land development permit. (4) Hours of Operation. No activity shall be conducted on-site between the hours of 9:00 p.m. and 7:00 a.m. (5) Exterior Lighting. No temporary or permanent exterior lighting shall be used beyond the lawful hours of operation. (6) Walls and Fences. Walls and fences shall be allowed and regulated in accordance with Chapter 3, Article V, Section 2. (7) Open Burning. The open burning of neighborhood gardens shall be prohibited. See City Code of Ordinances Part II, Chapter 9, Article 11, Section 9-18 for the restrictions on open burning. (8) Signage. Pursuant to Chapter 4, Article IV, Section 1.E., a non-illuminated sign with non- commercial copy is allowed,provided that it does not exceed three(3) square feet in area. If proposed as a freestanding structure, the sign shall not be greater than four(4) feet in height and must be located at least ten (10)feet from any property line. (9) Grading and Ground Elevation. The subject site shall not be excavated, graded, dredged, or filled to the extent that it would change existing drainage patterns or cause rainwater to outfall onto abutting properties or rights-of-way. b. Residential Districts. (1) IPUD District, PUD District, and MHP District. A community garden shall only be allowed on lands considered common area by the homeowners or property owners' association or upon lots that are owned by such association. (2) Lot Size. The maximum lot size shall not exceed one-half(0.5) acre. (3) Freestanding Structures and Site Amenities. No freestanding structures or site amenities allowed under Chapter 3, Article V, Section 3 (e.g., sheds and storage containers, generators and fuel tanks, compost bins and tumblers, agricultural structures) shall be allowed. Page 117 of 206 (4) Seed and Fertilizer. No seed or fertilizer shall be stored on-site. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article 11, Section S.B. c. All Commercial and Mixed Use Districts. (1) Lot Size. The maximum lot size shall not exceed one(1) acre. (2) Separation. A community garden shall be separated from another community garden by a minimum of one thousand(1,000) feet. (3) Freestanding Structures and Site Amenities. Freestanding structures and site amenities, including but not limited to sheds and storage containers, generators and fuel tanks, compost bins and tumblers, or agricultural structures are allowed,provided that they are installed,placed, erected, or constructed in accordance with the respective provisions of Chapter 3, Article V, Section 3. (4) Lot Coverage. The ground area of all freestanding structures and site amenities allowed under Chapter 3, Article V, Section 3 that are installed,placed, erected, or constructed shall count towards lot coverage; and all of these, including principal structures, shall not exceed the maximum allowed by the respective zoning district. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article 11, Section S.B. However, those containing storage and/or agricultural structures greater than one hundred (100) square feet as provided for in the Supplemental Regulations (Chapter 3, Article V, Section 3) shall require approval of conditional use and site plan applications in accordance with Chapter 2, Article II, Section 2. (6) Retail Sales. The on-site sale of fruits, vegetables, nuts, or herbs harvested on-site is allowed, but only in connection with the approval of a special event permit. Any temporary farm stand used during the special event period shall be no larger than seventy-two (72) square feet and seven (7) feet in height. No fruits, vegetables, nuts, or herbs harvested off-site or any products produced off-site shall be brought to the subject property and sold on-site. 100. Warehouse, showroom (single product line). a. All Districts (for recreational vehicles only). (1) Minimum property size for the particular use shall be ten (10) acres. (2) Must be located in a multi-tenant building. (3) Interior display of recreational vehicles is required. Ancillary display outside an enclosed building shall not exceed one and one-half(1-1/2)times the number of units displayed indoors. (4) If ancillary outdoor display is proposed, the property shall not be located on an arterial or collector roadway. (5) Only one row of recreational vehicles may be displayed between the building and any road right-of- way. No recreational vehicle may be displayed within ninety (90) feet of any road right-of-way. (6) No ancillary outdoor display shall occur within required parking spaces. (7) Location of ancillary outdoor display shall not obstruct or impede vehicular movements or pedestrian access. (8) Landscaping shall be in conformance with either"perimeter landscape buffer" or"landscape strip abutting right-of-way" requirements, whichever is applicable. Page 118 of 206 (9) No maintenance shall occur on site. 101. Medical Care or Testing (In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access,private outdoor patron amenities, buffering, and the like. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas 42, 43, and 44 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance, the entries into the downtown, the fabric of the streetscape, harmonious land use relationships, downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 102. Pre-existing. Such pre-existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non-conforming uses. However, major modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. 103. Landscape Debris Stockpiling. a. The commercial stockpiling of landscaping debris is allowed as a conditional use in the M-1 zoning district subject to the following conditions: 1) Prior to commencing the operation of a landscaping debris storage site, a property owner must first obtain a Business Tax Receipt and Certificate of Use from the city. 2) A site plan notated to show operational components of the storage facility (i.e. access, storage area, setback, etc). 3) No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. 4) A minimum 20-foot wide stabilized all weather access road around the perimeter of the stockpile. 5) All stored landscaping debris shall be setback at least 30 feet from any residential property line and 25 feet from all other property lines. 6) All storm water drainage shall be maintained on the site by appropriate infrastructure and improvements as approved by the City Engineer or his or her designees. 7) No chipping of stockpiled debris is permitted on the site. Page 119 of 206 8) The perimeter of a storage site shall be screened with a wall or fence that obstructs the view of the storage area from adjacent properties, except where such use abuts a residential zoning district screening shall also include landscape elements that meet the intent of the Landscape Barrier as defined in Chapter 4, Article II of the Land Development Regulations. 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday and Saturday from 8:00 a.m. to 2:00 p.m. or as established during the conditional use approval process. 10) Access to operations shall be only from a public right-of-way. In no case, shall a delivery or removal of the stored landscaping debris utilize a private road or alley serving residential uses for access. 11) The delivery, removal and storage shall utilize dust control measures. 12) Debris piles shall nol be placed on surfaces intended or designed for open space, or for parking or vehicle circulation. 13) Storage areas shall include fire protection monitoring, alert and suppression systems as approved by the City Fire Marshal. The following are minimum requirements which must be demonstrated to obtain Fire Marshal approval: a) No pile shall be higher than 10 feet. During any declared drought the height shall be limited to six feet. b) All piles shall be covered with a"breathable blanket" or site provided with a sprinkler system approved by the City Fire Marshal. c) All piles shall be secured behind a fence or other approved barrier that will be locked at all times when not in use. d) Because of the health hazards from the rotting vegetation and the vermin that may live there and the fire hazard these piles shall be a minimum of 25 feet from any commercial building and 40 feet from any residence. e) A working garden hose shall be at the ready at all times to put out small spot fires. f) Each pile shall be churned at least once per week and so noted on a roster to be maintained onsite and made available to a Fire Department representative on request. b. These provisions shall be in effect until August 22, 2018 as a pilot program and shall sunset unless extended or made a permanent part of these regulations by a subsequent ordinance of the city. (Ord. 10-025,passed 12-7-10; Am. Ord. 11-002,passed 3-1-11; Am. Ord. 11-018,passed 7-5-11; Am. Ord. 11- 023,passed 10-4-11; Am. Ord. 11-028,passed 10-18-11; Am. Ord. 12-006,passed 4-17-12; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 13-020,passed 7-2-13; Am. Ord. 13-025,passed 10-1-13; Am. Ord. 13-029,passed 11-19-13; Am. Ord. 15-002,passed 3-17-15; Am. Ord. 15-003,passed 3-17-15; Am. Ord. 15-019,passed 8-18- 15; Am. Ord. 15-030,passed 11-3-15; Am. Ord. 16-010,passed 7-5-16; Am. Ord. 16-011,passed 7-5-16; Am. Ord. 16-023,passed 1-3-17; Am. Ord. 17-005,passed 2-21-17) Page 120 of 206 7.C. New Business 8/22/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: (1)Approve The Villages at East Ocean Avenue- North Future Land Use Map Amendment (LUAR 17- 002)from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B. D'Almeida (2)Approve The Villages at East Ocean Avenue- North Rezoning (LUAR 17-002) from C-2 Neighborhood Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District with a proposed site plan for 336 multi-family units and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida EXPLANATION OF REQUEST: The proposed Villages at East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1St Avenue. The land use amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The subject request pertains to the North section of the Villages project. The project area consists of 11 parcels, 6 of which are currently vacant This section is proposed to be redeveloped under the highest density Future Land Use (FLU) category of Mixed Use High, with Mixed Use Core zoning. The project will also avail itself of the 25% Downtown Transit-Oriented Development District's density bonus, bringing its maximum density to 100 dwelling units per acre. The request, if approved, would implement the CRA Plan's future land use (FLU) recommendation for the area. The Villages' North area is split between the Cultural and Boynton Beach Boulevard districts; each district's section carries the same FLU recommendation of Mixed Use High (MXH). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will not require capacity adjustment to the City services. FISCAL IMPACT: The project, if approved and constructed, would ultimately lead to an increase in the City's tax base. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No Page 121 of 206 CLIMATE ACTION DISCUSSION: NA Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map ExhibitA. Location Map D Exhibit Exhibit B. Villages proposed FLU D Exhibit Exhibit C. Villages proposed zoning D Exhibit Exhibit D. CRA FLU recommendation REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 8/17/2017® 12:17 PM Planning and Zoning Mack, Andrew Approved 8/17/2017® 12:18 PM Planning and Zoning Groff, Colin Approved 8/17/2017® 4:23 PM Assistant City Manager Groff, Colin Approved 8/17/2017® 4:23 PM City Manager Pyle, Judith Approved 8/17/2017® 4:32 PM Page 122 of 206 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-047 STAFF REPORT TO: Chair and Members Planning and Deveripment Board THRU: Michael Ru �q Planning and Zoning Director 0— FROM: Hanna Matras, Senior Planner DATE: August 11, 2017 PROJECT: The Villages at East Ocean Avenue-North LUAR 17-002 REQUEST. Approve The Villages at East Ocean-North Future Land Use Map Amendment from Local Retail Commercial (LRC) to Mixed Use High (MXH) and rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District with a proposed site plan for 336 multi-family units and 12,257 square feet of commercial space. PROJECT DESCRIPTION Property Owner/Applicant Arthur B. D'Almeida Agent: Bradley D. Miller, Miller Land Planning Inc. Location: Area extending west from FEC Railway tracks to NE 3rd Street, bounded by E. Ocean Avenue on the south and E. Boynton each Boulevard on the north (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (L )/ C-2 Neighborhood Commercial and C-3 Community Commercial Proposed Land Use/ Zoning: Mixed Use High (MXH)/ MU-C Mixed Use Core with the maximum density of 80 dwelling units/acre (Exhibits "B" and "C") Acreage. 3.379 acres Page 123 of 206 Page 2 The Wages at East Ocean Avenue-North LUAR 17-002 Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard; farther north, developed commercial properties classified Local Retail Commercial (LRC) future land use and zoned C-3 Community Commercial; South: Right-of-way for Ocean Avenue; farther south, proposed Villages of East Ocean Avenue South with Mixed Use Medium future land use and MU-2 Mixed Use 2 zoning (currently, developed commercial property classified Local Retail Commercial (LRC) future land use and zoned C-2 Neighborhood Commercial); East: Right-of-way for FEC Railroad; farther east, right-of-way for NE 4th Street and then developed commercial property, parking, City-owned green and a vacant property, all classified Mixed Use High (MXH) future land use and zoned CBD Central Business District; West: Right-of-way for NE 3rd Street, and farther west, developed condominium and commercial properties classified Local Retail Commercial (LRC) and High Density Residential (HDR) future land use and zoned C-3 Community Commercial and R-3 Multifamily. BACKGROUND The proposed Villages of East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3'd Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1st Avenue. The land use amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The proposed development is located within the Community Redevelopment Area and carries 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 one-half mile radius around the station of the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, to be located just south of Boynton Beach Boulevard. 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 1-95, exempts all projects within a predetermined threshold from the Palm Beach County traffic concurrency ordinance, further supporting redevelopment in the City's downtown and surrounding neighborhoods. 2 Page 124 of 206 Page 3 The Wages at East Ocean Avenue- North LUAR 17-002 The subject request pertains to the North section of the Villages project. The property consist of 11 parcels, 6 of which are currently vacant (the Boynton Center No. 5 condominium property on the corner of Ocean Avenue and 3rd Street is not included in the project). This section is proposed to be redeveloped under the highest density Future Land Use (FLU) category of Mixed Use High, with Mixed Use Core zoning. The project will also avail itself of the 25% DTOD district's density bonus, bringing its density to 100 dwelling units per 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 11, Section 2.13 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 need for the requested Future Land Use Map amendment (FLU )!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 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 Coastal Link 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), included the department's 2012 Florida TOD Guidebook. The proposed project is adjacent to the planned Coastal Link station. of that the FDOT model for the Boynton each 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. The proposed rezoning will bring the density closer to the number at which planned commuter service can operate efficiently. In addition, the subject request reflects an ongoing high demand for rental apartments. Despite rising vacancy rates, international real estate companies Marcus & Millichap and CBRE 2017 multifamily forecasts for Palm each county predict another year of rent gains, fuelled by continuous job growth and in-migration. 3 Page 125 of 206 Page 4 The Wages at East Ocean Avenue-North LUAR 17-002 b. Consistency. Whether the proposed Future 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 future land use amendment and rezoning are 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 Y2 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 X-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 one-quarter—mile core of the DTOD District. The request, if approved, would implement the FLU proposed for the area by the 2016 CRA Community Redevelopment Plan. The Villages' North area is split between the Cultural and Boynton Beach Boulevard districts; each district's section carries the same FLU recommendation of Mixed Use High (MXH), as demonstrated by Exhibit "D." The proposed Mixed Use Core zoning corresponds to the Mixed Use High future land use category of the new future land use/zoning structure of the CRA Plan. It is the higher intensity district of the two districts corresponding to the MXH future land use. The subject property location in close proximity to the planned Coastal Link station represents a clear preference for the highest possible density in support of the commuter service. Consistency with Land Development Regulations (LDIJR The application for the master/site plan complies with the recommendations of the CRA 4 Page 126 of 206 Page 5 The Wages at East Ocean Avenue-North LUAR 17-002 Plan. The development regulations for the requested Mixed Use Core (MU-C) zoning district are subject of the code review under concurrent consideration. c. Land Use Pattem. Whether the proposed Future Land Use Map amendment (FLU ) 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 FLU M reclassifications and rezonings that would result in more desirable and sustainable growth for the community. These actions aim to continue implementation of changes that would result in more desirable and sustainable growth for the commui in an area that abuts a railroad corridor and consists of underutilized commercial property and old storage bays that are non-conforming by current zoning regulations. For lands in or near the City's downtown, the CRA Plan recommends significantly more intense development and higher residential density — particularly within the Downtown Transit Oriented Development District, which already allows for an additional 25% density bonus over all zoning districts with the permitted density beginning at 20 dwelling units per acre. Denser development is needed to sustain the level of activity necessary for a lively downtown and success of the planned Coastal Link commuter service. d Sustainabiffly. 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. See the response to criterion "c" above. The proposed amend ment/rezoning constitutes a major contribution to sustainable, high density redevelopment integrating a mix of land uses in the City's downtown area within the DTOD District. The project would follow the recommendations of the CRA Plan, which consistently incorporates sustainability features in all aspects of redevelopment, including intensity, urban design and connectivity. (See the master/site plan report under concurrent consideration.) e. Avallabfflit X 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. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. The Palm each County Solid Waste Authority determined that sufficient 5 Page 127 of 206 Page 6 The Vilages at East Ocean Avenue- North LUAR 17-002 disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TC EA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. 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. As already discussed in response to criteria "c" and "d," the proposed FLUM and rezoning follows the recommendations of the CRA Plan for the area, and thus will be compatible with the future use of the surrounding properties. The Plan's vision is to transform the area into a high intensity, walkable, bustling urban environment, with a further impetus to be provided by the planned Costal Link commuter service. As shown on Exhibit "D," the FLU recommendation for the remaining portion of the Cultural District is the Mixed Use Medium future land use category with a maximum density of 50 dwelling units per acre. Between NW Ilst Street and NE 3rd Street, the Boynton Beach Boulevard District carries the same recommendation of Mixed Use Medium; east of NE 3`dStreetand in proximity of the future Coastal Link station, it transitions into Mixed Use High. The 25% density bonus (incorporated into the project) will further intensify redevelopment in both districts. Property values in the area are expected to rise significantly as the implementation of the CRA plan continues with the proposed FLUM amend ment/rezoning and the planned redevelopment of the civic campus into a mixed use Town Square project. 6 Page 128 of 206 Page 7 The Wages at East can Avenue-North LU AR 17-002 The scale of the proposed action will transform the neighborhood while answering the City's need to create a vibrant downtown. g. Direct EconomkDevelo pment Benerits. For rezoningIFLUM amendments involving rezoning to a planned zoning district, the review shay 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 methodsltechnologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7)Alleviate blightleconomic obsolescence of the subject area. The proposed project would be yet another major catalyst and synergy contributor in support of a successful, lively downtown (see review criteria "gl" and "g6"), bringing more development to the area and attracting more residents and visitors to the City. As already noted in this report, the requests reflect the ongoing economic recovery and the current market demand, adhering to criterion "gW, 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 IndustrialpplyT LAad Sy he review shall consider whether the . proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. The proposed rezoning does not reduce the amount of land available for commercial 7 Page 129 of 206 Page 8 The Vilages at East Ocean Avenue-North LUAR 17-002 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. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. As explained earlier in this report, the proposed FLU amendment and rezoning constitute implementation of the CRA Plan recommendation for the subject site. 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.,.e above both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article ///and the site development standards of Chapter 4. For the master plan/site plan review, see the corresponding staff report. The application for the master/site plan complies with the recommendations of the CRA Plan. The development regulations for the requested Mixed Use Core (MU-C) zoning district are subject of the code review under concurrent consideration. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it constitutes the implementation of the CRA Community Redevelopment Plan and the policies of the Comprehensive Plan. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages LUARs\Villages North LUAR 17-002\LUAR 17-002 Villages North Staff Report.doc 8 Page 130 of 206 EXHIBIT A LOCATION MAP > � n Beach Blvd ��I� . 1 4 I 4r Y F t "sT w r r " i Im I b 4 I, tv is d J611 f y k ,Y r � �'_ ) ��� ��' ��'�, SE 1st �► t p W t YtY IC - t64n t E 1 i I Will I I iA �10 ,2n ��h111101� E Rill nd Ave �r t Page 131 of 206 EXHIBIT B VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): FLU E Bo nton Beach BIV d Aft c r- V t E 4 2 Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL(LRC) MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre MIXED USE MEDIUM (MXM), 50 D.U./Acre HIGH DENSITY RESIDENTIAL(HDR),15 D.U./Acre MIXED USE HIGH (MXH), P.- UU-I Tbf 206 EXHIBIT C VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): ZONING E Bo nton Beach Blv • e • 3 W I a ti 2 Legend: Zoning Districts C3 Community Commercial R1A single Family CBD Central Business District R3 Multi Family MU-2 Mixed Use 2 0 C2 Neighborhood Commercial MU-C Mixed Use Core Page 133 of 206 Exhibit D CRA PLAN'S FLU RECOMMENDATIONS N E 3 M �4ve W _ _ _................ (f, S M' ,M —E-Boynton-Beach Blvd NORTH PARCEL , NE 1st_Ave MF 'M W E an- ZIM------- SOUTH PARCEL SEWst ve� MP H W SE 2nd Ave LEGEND Boundaries of Villages Project, North and South Q Boundary of Cultural District Boundary of Boynton Beach Boulevard District Mixed Use Medium (MXM) Future Land Use Mixed Use High (MXH) Future Land Use 20 e 1 f P06 7.D. New Business 8/22/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. Applicant: Arthur B. D'Almeida. EXPLANATION OF REQUEST: Bradley Miller, agent for Arthur B. D'Almeida, is requesting to abandon the following segments: • Parcel No.1: The 20 foot wide alley immediately south of Boynton Beach Boulevard, easterly from NE 3rd Street and terminating at the FEC Railroad right-of-way; • Parcel No. 2: The 40 foot wide unimproved right-of-way of NE 1st Avenue, easterly from NE 3rd Street terminating at the FEC Railroad right-of-way; • Parcel No. 3: The 20 foot wide alley immediately north of Ocean Avenue, beginning at the west property line of Lot 8 of Block 5, Plat of Boynton, easterly and terminating at the FEC Railroad right- of-way. This request exempts out that portion of the alley immediately north of Lot 7 of Block 5, containing an existing condominium building and access to the parking adjacent thereto, which are not part of the Villages at East Ocean proposed development project; • Parcel No. 4: The 20 foot wide alley immediately south of Ocean Avenue, easterly from SE 3rd Street and terminating at the FEC Railroad right-of-way; • Parcel No. 5: The 40 foot wide improved right-of-way of SE 1st Avenue, easterly from SE 3rd Street terminating at the FEC Railroad right-of-way; All of the rights-of-way to be abandoned would all be completely surrounded within, and redeveloped as part of the 5.14-acre Villages at East Ocean mixed use project. Existing utilities within these rights-of-way will be relocated at the developer's expense. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Page 135 of 206 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Legal Descriptions & Sketches D Letter Applicant's Justification D Memo Utilities Report Memo D Conditions of Approval Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 8/15/2017® 4:51 PM Planning and Zoning Mack, Andrew Approved 8/15/2017® 4:58 PM Planning and Zoning Groff, Colin Approved 8/17/2017® 4:22 PM Assistant City Manager Groff, Colin Approved 8/17/2017® 4:22 PM City Manager Pyle, Judith Approved 8/17/2017® 4:32 PM Page 136 of 206 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-035 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 8, 2017 SUBJECT: Request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE V Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1 st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. NATURE OF REQUEST Bradley Miller, agent for Arthur B. D'Almeida, is requesting to abandon portions of rights-of-way consisting mostly of unimproved streets and alleys between NE/SE 31d Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1 st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project (see Exhibit "A" — Location Map). More specifically, the applicant is requesting to abandon the following segments: • Parcel No.1: The 20 foot wide alley immediately south of Boynton Beach Boulevard, easterly from NE 3,d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 2: The 40 foot wide unimproved right-of-way of NE 1St Avenue, easterly from NE 31d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 3: The 20 foot wide alley immediately north of Ocean Avenue, beginning at the west property line of Lot 8 of Block 5, Plat of Boynton, easterly and terminating at the FEC Railroad right-of-way. This request exempts out that portion of the alley immediately north of Lot 7 of Block 5, containing an existing condominium building and access to the parking adjacent thereto, which are not part of the Villages at East Ocean proposed development project; • Parcel No. 4: The 20 foot wide alley immediately south of Ocean Avenue, easterly from SE 31d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 5: The 40 foot wide improved right-of-way of SE 1 st Avenue, easterly from SE 3,d Street and terminating at the FEC Railroad right-of-way; The rights-of-way to be abandoned would all be completely surrounded within, and redeveloped as part of, the 5.14-acre mixed use project. Each individual abandonment request has been depicted and described in Exhibit "B" — Legal Descriptions & Sketches. Page 137 of 206 Page 2 Memorandum No. PZ 17-035 ABAN 17-002 through 17-006 BACKGROUND The applicant is requesting to abandon portions of rights-of-way currently surrounded by properties under the developer's control. In order to develop a unified mixed use project extending 3.5 City blocks, from Boynton Beach Boulevard south to SE 1St Avenue, certain rights-of-way require abandoning. This same process was followed during the development of the 500 Ocean mixed use project, which encompassed 2 full City blocks. As noted above, each of the right-of-way segments requested to be abandoned terminate at the FEC Railroad and essentially serve only the traffic needs of the parcels abutting them,which are all under the control of the developer. Existing utilities within these rights-of-way will be relocated at the developer's expense. The applicant has submitted a justification statement for the requests (see Exhibit"C"—Applicant's Justification),which indicates that the rights-of-way are no longer needed for access purposes, as all parcels abutting the segments to be abandoned are under the applicant's control. The justification statement further notes that any utilities and drainage existing in any of the segments are planned to be relocated as part of the redevelopment plan for the site. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of these requests and 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, subject to compliance with all of the conditions of approval noted in the August 7, 2017 memo from Milot Emile, Associate Engineer in Utilities (see Exhibit D). Planning and Zoning - No objection. 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 w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Comcast - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Page 138 of 206 Page 3 Memorandum No. PZ 17-035 ABAN 17-002 through 17-006 RECOMMENDATION Staff has determined that the subject portions of the rights-of-way requested to be abandoned do not adversely impact traffic, do not adversely affect other adjacent property owners, and therefore no longer serve a public purpose, subject to the conditions of approval for the necessary utility relocations/improvements noted by staff during their review. 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 "E" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Villages at E.Ocean\ABAN 17-002 through 17-006\Staff Report.doc Page 139 of 206 EXHIBIT A LOCATION MAP I'M j t� tt� } rYtiY � �sf;' 5�t �a�r ,,in r?i,�s iYZst s rt sss� �ti; sssSS �14 awtttx'r,Y.,S} i „�}� �`rsrtsNiti£ :k}stYzkstSl�Y 'YVS1YlYjSs���t '+t zs ��i�t1�?2tiy, tAYf(t1 ,�aY�O ntOn }��� t` e a C W„B l V d }trt,,tlt , t 4 Y, ii rt � � � nary i' st>1jyi�nt s u,, s \ - s rt)tVi RSS 'Sy ' '�"1 s r n st A I s LLI k t 4 r , p r E�f,Ocean yAve � � r�itu rrh�Y � st uj 4 c ar f r s„ r SE 2nd -S E 2nd Ave - � � . � r ��_ ���1u14�a11�,�„ dj 3 ',ais t Page 140 of 206 Exhibit B THE 20' ALLEY LYING IN , RECORDED IN T BOOK 1, PUBLICPAGE 23 OF THE , FLORIDA, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY OF N.E. 3RD STREET (PALM STREET) AND ON THE EAST BY THE WEST R T— — ! — FLORIDA ! . CONTAINING T, MORE OR LESS. L 114AT PORTION OF N.E. 1 T (POINCIANA OF THE PLAT OF a RECORDED I 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY OF N.E. 3RD STREET (PALM STREET) AND ON THE EAST BY THE WEST RIGHT—OF—WAY OF THE FLOT RAILROAD. CONTAININGr , MORE OR LESS. AX THAT PORTION OF 20' ALLEY LYING IN BLOCK 5 OF THE PLAT OF BOYNTON, RECORDED IN PLAT BOOK 1. PAGE , OF THE PUBLICL COUNTY, FLORIDA, EXTENSIONBOUNDED ON THE WEST BY THE NORTHERLY BLOCK 5. AND ON THE EAST BY THE WEST RIGHT-OF-WAY ! RAILROAD. CONTAINING , . Em THE 20"L ALLEYLYING IN T , RECORDED IN PLAT BOOK 1, PAGE d OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY OF 3RD STREET (PALM STREET) AND ON THE EAST BY THE WEST I FLORIDA I . CONTAINING a FEET, MORE OR LESS. THAT PORTION OF L S.E. 1 ! LYING BETWEEN BLOCKS 8 AND 11 OF THE PLAT OF BOYNTON, RECORDED IN ! , PAGE 23, OF THE PUBLIC FLORIDA,RECORDS OF PALM BEACH COUNTY, BY THE EAST ® T ! T BY THE WEST ! FLORIDA ! . CONTAINING , M SQUARE FEET, MORE OR LESS. BEARING11` 5 " (ASSUMED) L CENTERLINE F N.E.3rd STREET. DESCRIPTIONTHE ETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS vz__ T VALID UNLESSACCOMPANY . VSOF . ILLI , III REPRODUCTIONS OF I T E VALID LI TSI L LA D SURVEYOR THE ORIGINAL IORIGINAL I L FF NO. 4826 FLORIDATHE cmE—Mail: info@brown—phillips.com �BROWN & PHILLIPS,, INC. PROFESSIONAL SURVEYING SERVICES OJ, No. 15-065 D AMB CERTIFICATE OF AUTHORIZATION # LB 6473 1 L C ROAD., I , LEGAL DESCRIPTIO SCALE: 1 '-40' WEST L , FLORIDA R j ABALTENDONMENT DATE: 5/1871-7 L PHONE (561)-615-3988, 1 — 1 FAX SHEET 1 OF Page 141 of 206 . ......... ...... MILLER 508 E. Boynton Beach Blvd. Boynton Beach, FL 33435 LAND n Phone ( 561)736-8838 Fax (561)736-8079 PLANNING, INC. Web in milleflandplanning.com THE VILLAGES AT EAST OCEAN AVENUE Original: March 1,2017 Revisions: June 19,2017 Overall Project Summary Abandonment Criteria-LDR Chanter 2 Article If Section 2.G.3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment use or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? Is. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would use or result in a stoppage, interruption, or unacceptable level of service? d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? Response: The property on both side of the right of way being proposed for abandonment are owned by the applicant and therefore are no longer needed for access. Any utilities and drainage that may be within the alleys or fight of way is planned to be relocated as indicated on the preliminary engineering plans. Waste management will also continue to serve the property as shown in the proposed Maras. There is no native significant flora or fauna to be preserved and any that can be relocated has been identified on the landscape plans. The Villages at East Ocean Avenue meets the criteria for the proposed abandonment application. Page 145 of 206 EXHIBIT "D" Boynton Beach Utilities 124 E. Woolbright Road Boynton Beach,Florida 33435 Office:(561)742-6400 Pax: (561)742-6298 Website:www.boynton-beach.org a t, August 07,2017 Review of"The Villages at EastOcean" Request to abandon Water& Sanitaryr mains withinthe development area Notes: Additional Utility easements from eveloper/Owner will be required as Development progress. 1. Right-of-way Abandonment Alley North of NE 1"Avenue In Block 2 Boynton Beach Boynton Beach Utilities currently has sewer service connections to the properties along Boynton Beach Boulevard. If these properties are under the control of or owned by the developer,we have no objection on removing the existing -inch sewer main and services located the 20 feet wide alley north of NE 1 st Avenue. The develop for owner shall completely remove the upstream manhole, expose and remove the entire length of pipeline up to the downstream ole, located on NE 3rd Street,unless otherwise noted. The pipe penetration at the downstream ole shall be plugged. This downstream ole is particularly ssc tible to structural de adation and shall be rehabilitated, as specified in our construction standard and specifications. 2. Right-of-way o et NE 1 st Avenue Boynton Beach Boynton Beach Utilities has no objection on removing the existing 8-inch sewer main located within the NE 1"Avenue right of way. The developer/or owner shall completely remove the upstream (offsite)manhole, expose and remove the entire length of pipeline up to the downstream manhole, less otherwise noted. The pipe penetration at the downstream ole shall be plugged. This downstream ole is particularly susceptible to structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. . Right-of-way Abandonment Alley South of NE I"Avenue Boynton Beach Boynton Beach Utilities has no objection on removing a section of the existing 8-inch sewer main on the 20 feet wide alley south of NE 1't. e remaining of 8-inch sewer main will require a 20-foot wide utility easement if the entire City alley is to be abandoned. e developer/or owner shall completely remove the upstream ole, expose and remove the section of pipeline where they intend to construct a new manhole. It has yet to be determined if the remaining existing pipeline will Page 146 of 206 need to be replaced. The downstream manhole located on NE 3rd Street is particularly susceptible to structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. Line stops shall be used in place of plugs for the existing 4-inch water main. The water main shall be abandoned between the east and west limits of the property and the pipeline shall be completely removed- Boynton each Utilities will limit the tapping of our 24-inch water main on NE 3rd Street; therefore, the existing two-story building needs to be fed from other service lines. 4. Right-of-way Abandonment Alley South of E. Ocean Blvd Boynton each Boynton each Utilities has no objection on removing the existing 8-inch sewer main on the 20 feet alley south of Ocean Blvd. The developer/or owner shall completely remove the upstream manhole, expose and remove the sewer pipeline up to the downstream manhole on SE P Street,unless otherwise noted. The pipe penetration at the downstream manhole shall be plugged. The existing downstream manhole is particularly susceptible to structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. The existing 8-inch water main is asbestos cement pipe (AC) and shall be replaced at the develop /or owner cost. As we specified in the Dart Comments, "Two independent sources of water, as well as a looped system, must be provided during all phases of construction - No Exceptions Taken." To loop the system, Boynton each Utilities will work with the applicant during permitting of the underground work to determine the best place to make the connection. The 20 feet wide alley will be dedicated as easement that the City deems necessary for public services and said dedication shall provide that developer/or owner shall hold City harmless for any of its acts perform within or abutting said easements if any loss or damage is caused to abutting property. 5. Right-of-way Abandonment South of SE I"Avenue Boynton each Boynton each Utilities has an existing 12-inch diameter reclaimed water main in the right of way. We will require an easement for this main along with any proposed mains designed and installed by the developer/owner. Notes: All on-site remaining manholes and sewer mains, as well as manholes and sewer mains on NE/SE 3rd street, along the project's property line, shall be rehabilitated, as specified in our construction standard and specifications. Please let me know if need any additional information. Sincerely, 2 Page 147 of 206 BOYNTON BEACH UTILITIES Milot Emile, E.I. Associate Engineer xc: File:I\memile\development project\the villages @ east ocean\correspondence 3 Page 148 of 206 EXHIBIT "E" CONDITIONS OF APPROVAL Project Name: Villages at East Ocean File number: ABAN 17-002 through 17-006 Reference: 41h review plans identified as a Maior Site Plan Modification with a July 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Relocation of utilities, utility improvements and dedication of new utility easements as specified in the City's Utility Department's memo of August 7, 2017 (Exhibit "D") shall be performed at the developer's expense prior to the issuance of a building permit. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 2. 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. 3. Approval is subject to approval of the concurrent applications for Rezoning, Major Site Plan Modification and Community Design Appeals. Page 149 of 206 Ocean One (ABAN 17-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 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\Villages at E.Ocean\AbandonmentSWBAN 17-002 through 17-006\COA.doc Page 150 of 206 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean (ABAN 17-002 through 17-006) APPLICANT: Bradley Miller, Miller Land Planning, Inc. APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Request for abandonment of a portions of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE 3d Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1St Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. LOCATION OF PROPERTY: 405 E. Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Villages at E. OceanWbandonmentSWBAN 17-002 through 17-006\DO.doc Page 151 of 206 7.E. New Business 8/22/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve The Villages at East Ocean Avenue- North Major Site Plan Modification (MSPM 17-003) request for a mixed-use development consisting of an eight (8)-story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida EXPLANATION OF REQUEST: The Villages at East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line—the south portion extends from Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports). The requests includes two (2) Future Land Use Map Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the north parcel for approval to construct an 8-story, mixed-use development consisting of 336 multi-family residential units, 12,257 square feet of commercial space and a supporting parking garage with 644 parking spaces. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted If approved and developed, the project would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 152 of 206 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 8/17/2017® 12:18 PM Planning and Zoning Mack, Andrew Approved 8/17/2017® 12:22 PM Planning and Zoning Groff, Colin Approved 8/17/2017® 4:24 PM Assistant City Manager Groff, Colin Approved 8/17/2017® 4:24 PM City Manager Pyle, Judith Approved 8/17/2017® 4:31 PM Page 153 of 206 DEVELOPMENT DEPARTMENT PLANNING AND ZONINGIII MEMORANDUM NO. PZ 17-043 STAFF REPORT TO: Chair and Members Planning and Develop nt Board THRU: Michael W. Rumpf ��� Director of Planning and Zoning FROM: Amanda Bassiely Senior Planner— rban Designer DATE: August 11, 2017 PROJECT NAME: The Villages at East Ocean Avenue - North (MSPM 17-003) REQUEST: Major Site Plan Modification approval for a mixed-use development consisting an eight (8)-story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. PROJECT DESCRIPTION Property Owner: 206 Boynton LLC, Boynton Beach Property Holdings LLC, 416 Boynton LLC, 422 Boynton LLC, First Avenue Boynton LLC, East Ocean Avenue LLC Applicant: Aurther B. D'Almeida, Managing Member Agent: Bradley D. Miller, Miller Land Planning Location: South side of Boynton Beach Boulevard to Ocean Avenue between the F.E.C. Railroad and NE 3rd Street(see Exhibit"A" -Site Location Map). Existing Land Use: LRC (Local Retail Commercial) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: C-2 (Neighborhood Commercial) and C-3 (Community Commercial) Proposed Zoning: MU-C (Mixed Use Core) Proposed Use: Mixed use development with 336 dwelling units, commercial space, recreational amenities, parking, and other related site improvments. Acreage: 3.379 acres Page 154 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 2 Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north is developed commerical properties with a Land Use designation of Local Retial Commercial (LRC) and zoning designation of Community Commercial (C-3); South: Right-of-way for East Ocean Avenue and farther south is the planned site of the southern portion of the subject project,Villages at East Ocean –South, with a propsed Land Use classification of Mixed Use Medium (MXM) and a zoning designation of MU-2 (Mixed Use 2); East: Right-of-way for the Florida East Coast(FEC) Railroad and NE 4th Street and father east are developed commerical properties with a Land Use classification of Mixed Use(pending reclassfication to MXH)and zoning designation of CBD (Central Business District); and West: Right-of-way for NE 3rd Street and farther west are developed commerical and multi-family properties with a Land Use classification of High Density Residential (HDR) and a zoning designation of C-3 (Community Commerial) and R-3 (Multi-Family) 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: The Villages of East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line—the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports).The requests include two (2) Future Land Use Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the north parcel for approval to construct an 8-story, mixed-use development consisiting of 336 multi-family residential units, 12,257 square feet of commercial space and a supporting parking garage with 644 parking spaces. 2 Page 155 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 3 ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. 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 entire project(both the north and south parecels)generate 1,635 new daily trips with 192 AM peak trips and 130 PM peak 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 demand 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. Access: The property's main vehicular access point is on NE 3rd Street. This access leads directly into the garage which serves the development. Sidewalks are provided along the street rights-of-way. The sidewalks proposed are a minimum of eight (8)feet in width and are lined with street trees for shade. The sidewalks along Ocean Avenue and Boynton Beach Boulevard also abut an active area that may be used for outdoor dinning and commercial uses. There is limited pedestrian access from Boynton Beach Boulevard into private amenities for the residences. There are three (3) separate plazas proposed to encourage pedestrian interaction,with the first located at the center of the Ocean Avenue frontage. A second plaza is proposed on NE 3rd Street at the main entrance of the residential building and the third on Boynton Beach Boulevard at the entry of the amenites area. The project also proposes a publicly accessible greenway along the eastern property line. The greenway connects Boynton Beach Boulevard to Ocean Aveue. 3 Page 156 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 4 Parking: Off-street parking for the MU-C zoning district requires 1.33 parking spaces for one-bedroom units and 1.66 parking spaces for two(2)or more bedroom units. The project proposes 336 units(a mixture of one and two bedrooms), which would require 513 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 51 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,257 square feet of retail,thereby requiring an additional 84 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 648 parking spaces would be required. Per Chapter 4,Article V, Sec.3,(A), a 5% reduction of non-residential space may be applied, reducing the total number of required parking space to 643. The site plan proposes 644 parking spaces, an excess of 1 space. 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. The thirteen(13)handicap spaces would be dimensioned 12 feet in width by 18 feet long. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 625 vehicles. A resident gate would be placed in the garage 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. There are an additional 19 on-street parking spaces; six(6)on Ocean Avenue; ten(10)on NE 3rd Street;and three(3)on Boynton Beach Boulevard. Landscaping: The Plant List(Sheets L3&L4)indicates that the project would add a total of 119 canopy and palm trees, 1,946 accent and shrub specimens, and 4,851 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: Cathedral Live Oak, Crape Myrtle, Green Buttonwoon, Foxtail Palms, Silver Date Palms, and Canary Island Date Palms along with a variety of other tree types. Projects proposed in the Mixed Use Core (MU-C)zoning district are subject to the"Streetscape Design"portion of the landscape code regulations.These code provisions recognize the desire for reduced building setbacks, 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 optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities(benches/seatwalls, lighting, accent 4 Page 157 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 5 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. Building and Site: The proposed site area totals 3.377 acres. The dwelling units are located above the retail spaces fronting Boynton Beach Boulavard and Ocean Avenue, wrapping the ground floor amenity deck, and wrapping a parking garage. The retail portion of the project totals 12,537 square feet and fronts the main roadways and the public plaza. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. Of the 336 residential units, three are loft, seven are studio, 135 are one (1) bedroom, 181 are two(2) bedroom, and 10 are(3) bedroom units. The units range in size from 693 square feet to 1,530 square feet. 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 Core (MU-C)zoning district has a maximum FAR of 4.0. The project is also located within the"Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre (99.5 du/ac proposed) and a minumum FAR of 2.0 (2.92 proposed). Building Height: Overall, the building design has the most intensity along the frontage of Boynton Beach Boulevard, decreasing in intensity as the project approaches Ocean Avenue. The maximum building height allowed in the MUC (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at ninty (90) feet, with an overal height of approximitly ninety-five (95). Along Ocean Avenue,the building height is reduced in height to approxmitly thirty-five feet (35), per the CRA plan. Setbacks: The MU-C zoning district requires no building setbacks, but rather a zero(0) build-to line. However, the CRA plan recommends the building be setback to allow for an enhanced public realm that includes street trees, sidewalks, plazas, and active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Boynton Beach Boulevard, the proposed building setback along the length of the building is between eight feet and twenty-seven feet. Along NE 3rd Street, the building setback is approximately 16 feet except for the areas of the plaza / building entry, which is setback to approximately 57 feet. The building along Ocean Avenue has a setback of approximately 15 feet and includes a courtyard area where the setback is 31 feet from the property line. The eastern property line abuts the FEC Railroad right-of-way where the setback varies between 13 feet and 18 feet. 5 Page 158 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 6 Amenities: As noted above, there are three(3)separate plazas proposed to encourage pedestrian interaction, with the first located at the center of the Ocean Avenue frontage. A second plaza is proposed on NE 3rd Street at the main entrance of the residential building and the third on Boynton Beach Boulavard at the entry of the amenities area. The plazas are connected with pedestrian zones that front along the rights-or-way. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project also proposes a publicly accessible greenway along the eastern property line. The project has been designed with a large interior courtyard for resident use, containing the community pool, spa, outdoor dining areas, and lush tropical landscaping. The amenities located within the building include a clubhouse,fitness center, and secured bike storage.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 intended architectural style for the project is"Coastal Village",which is a variation of Florida Vernacular Architecture.This architectural style fosters a sense of place and identity for the district. The Coastal Village architectural style blends tropical motifs such as climate-sensitive roof forms with contemporary design elements such as vertical orientation, sparsely used ornamentation,vertically-oriented windows, and materials such as concrete and steel structural frames, standing seam metal roofs and use of colors. The project materials and finishes are consistent with this architectural style. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along pedestrian zones and articulating the building mass avoiding a repetitive, continuous, monotonous building block. The building mass fronting SE 3rd Street on both the north and south parcels is articulated and scaled down as one moves from north to south. This approach maintains the highest building mass and density closer to Boynton beach Boulevard and a lower scale on both sides of Ocean Avenue, terminating with a small townhouse building at the south end. The buildings facing Boynton Beach Boulevard are stepped back ten feet at a height of 45 feet in order to move the mass of the building farther from the pedestrian environment. Lighting: The photometric plans (Sheets PH-1 & PH-2) include 32 freestanding pole light fixtures, with pole height ranging from 12 feet to a maximim of 15 feet. The poles are designed to match the poles and light fixture already approved along the Casa Costa, 500 Ocean and Boynton Promenade projects. The poles and fixtures would be constructed of cast aluminum, black in color and the light fixtures would have a flat lens to ensure the on-site illumination would not"spill over"onto adjacent properties and rights-of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot- candles allowed.Also proposed are a series of pedestian-scale, lit bollards. Signage: Locations have been identified to ensure proper wayfinding for public 6 Page 159 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 7 parking. Site and building signage have not been finalized and a Sign Program must be approved 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 project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification 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\Villages at East Ocean\Villages North(MSPM 17-003)\StaffReport\Staff Report-MSPM 17- 003.doc 7 Page 160 of 206 EXHIBIT A LOCATION MAP ri tt MIT sir, ;f,. Ii IN�;Kcf�2?$,'.{f�f fso? d,11`tuh{iti�ll4i� ii�t t(St ss{j rsi t?,s+!{frr v'~?tr7�wv ti3�`I"tlll R22}fit{i sn i_.: � s BO�/11t011,, Be1C1'1 , s t�1 �1r }44.1 i44.lf,i�jt, �£fr� s„ tis ton f r r t vt v t. I ff c Y iI'll�t�� � pi i �d , N E st Ave W t lt}4�"?v�jn ut+��Wt�S rF X1v1 tV y�f�i� Vial 5 v �wfit I� �a � v& i� 111 r., fi �slp)yf fiN11ti�t 22iJt zz4y4\COu)11})33�tn�Mn"ffit t t t' E tt+Ocean +,1t ON RCEL rtr r . ��ft SE 1 st PI t st Av `' - A ..t� v �� � ���;SE 1 st� ve e i a j C Y�7 { �f xi°sit1,1,r� , liry�`t �i4ff Jv-. sus c t t: 2nd Ave � � ,�� SE 2nd Av v,Cu+� is t;aZ Page 161 of 206 MICC -1d HOV99 NOlMOS g g_ mN3AV NV3003 SOb 3 -UGHVd H1HON - - P �mNgAV P Q '3-w >, NVDOO 1SV3 1V SD!DV-nlA DHl - ogo g o J -zg o WO L b ............. o & � r -r- 0 I � 00 N T -- }-S{1� V/u - w a o I I I 4 g -------------------- -- � ........ w � p as 7- w II p I (ILS- � I 5 I � W 1 f I I NV -3 - I , gI r- e l a I S I x I ? 5 I - I L- (1 71 -12 ez .,A ,--- Cl t jl I I i�"ill 11 pS$ yi s 1E W CL Lj ci mr II I, 7 I -II 13 I m - - -j 11 " �. We HOV38 NOIMO(3 m _. 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I I 1 I - d > k > � > > � I - a i Og• Off° W W w s CN 0 0 o c' N d' I I m c SO � m H H H H r J � I a3 • � � I J J J J 15 i 1 e >� be tow/ a u Y V I li �€ ��� �� I a IQ r IL o da lc� (L�a � I a . . . . . . a e °°°°e III � • , � - I u • I I i t { k6 fs` t 9e I I I � as ������� 8 s � s it�k a,p• � 11 � �� _8 1 If (L s9e 3 $ a a Q s I i 'k• & # i i I � „ w � � a 5 5 u 4 � ➢ 3 3 3 8 ag I • I I • I 9 — N O/\\ G ggggqq aa5 { } '€�tk 1 tiQ $5 ba Ba 8�3, Q la za 88 d `0 9 s Q as rf I I a I z m I � �oMeo I I 1 • I O� O � wow o I I g I I o I I I o I I I I I ° co N co o L 0 Cfl ° ° o l A me 0 ° LLI--T Cu ° i ° ° i t ° o uo o fv LU° L ° r t ° ° K t Qv Ia I � ❑ I I i Ilu I I I , ,I I — I I L. _ I - 1 I m � m I v e m e - 909 QB Q �-o o-o 11ff- m m a` m�m w�m 11 1 Al 1 m w i i i I i i ----------------------------- EXHIBIT "C" Conditions of Approval Project Name: Villages at East Ocean (North) File number: MSPM 17-003 Reference: 4th review of plans identified as a Maior Site Plan Modification with a July 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Civil plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 2. Coordinate with Stormwater Utilities to ensure that the consultant models the stormwater discharge to the ultimate outfall. 3. Prior to permit application, please contact the Public Works Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10-26 (a). 4. Section 26-34(A) of the code mandates the payment of water and/or sewer capital facilities charges when a project is to receive services from the city's systems, and as an option, a capacity reservation fee may be obtained at an additional cost and will only be valid for a period of one (1) year after the fee has been paid. Capacity reservation fees shall be paid upon the request for the Utilities Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. All fees will be determined based on the final meter size(s), or expected demand. 5. The existing drainage infrastructure to remain within the project limits and along the project frontage shall be Tele-inspected before and after construction. Prior to the post construction tele- inspection, the same lines shall be cleaned. 6. Please provide an Addressing Plan, prior to permit issuance. 7. Provide irrigation plans with the landscape plan, prior to permit issuance. 8. Applicant shall work with the Utilities Department to determine the project wastewater flow discharge, which will be entered into the 1 Page 168 of 206 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Page 2 of 5 DEPARTMENTS INCLUDE REJECT City's hydraulic model to determine if a lift station is required. 9. Please address storm water treatment for first inch of rainfall, as well as conception detail and conveyance. Please note SFWMD requirements may be more restrictive. Calculations for exfiltration shall be submitted at time of permitting. 10. The attendance at a mandatory Pre-Construction Conference is required prior to the start of any utilities work on site. FIRE Comments: None. All previous comments addressed at DART Meeting. POLICE Comments: None. All previous comments addressed at DART Meeting. BUILDING DIVISION Comments: Building comments will be addressed at time of permitting. PARKS AND RECREATION Comments: 11. Per City Ordinance, the Park Impact Fee for the North Parcel is $199,920 (336 apartments X $595.00). PLANNING AND ZONING 2 Page 169 of 206 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Page 3 of 5 DEPARTMENTS INCLUDE REJECT Comments: 12. Sheet AS100 has the incorrect boundary for the project area proposed to be rezoned. Please revise boundary to exclude properties not owned by the applicant. 13. Sheet AS1.10 data Sheet AS1.10 data is incomplete. Please add FAR calculations and revise parking calculations to accurately reflect the plan. 14. In order to promote interconnectivity, as required per code, to support the 5% parking reduction for the non-residential uses, the applicant shall remove any fencing and gates at the north and south termination of the pedestrian path adjacent to the railroad, in order to allow free public access from Ocean Ave to Boynton Beach Blvd along the east side of the project and to the public space noted on the plans. 15. Please provide a detail drawing of the design of the bus shelter, matching the architectural design, materials and colors of the building. 16. Please depict the access points from the garage to the retail spaces. Enhance public access points so they are clearly discernable for the public. 17. Revise elevations to consistently match the submitted color chip, "Adventure Orange". 18. Please provide calculations and dimensions of ground floor building facades which indicate that 50% (all mixed use buildings) and 30% (for all residential buildings) of the area is occupied by transparent windows or door openings. Note that the maximum sill height of 2' and minimum head height of 6'8" is required. 19. Please provide details of any proposed building signs. A Sign Program will be required for the project. No sign permits will be issued until the program is approved. 20. All applicable drawings should depict the improvements within the right-of-way along the west side of the abutting condominium building, including roadway, sidewalk, light poles, landscaping, etc., in order to continue the proposed streetscape design from 3 Page 170 of 206 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Page 4 of 5 DEPARTMENTS INCLUDE REJECT Boynton Beach Boulevard south to Ocean Avenue. 21. Any approvals are subject to the approval of the associated right- of-way abandonment applications. HISTORIC PRESERVATION Comments: Comments have been acknowledged and will be addressed during site construction. COMMUNITY REDEVELOPMENT AGENCY Comments: 22. Clearly identify the location of the required parking spaces associated with the proposed retail/restaurant and guests. Sheets AS 1.10 parking table, AS 1.11 and A1.01. 23. As part of the applicant's design and construction of the NE 3rd Street r-o-w improvements, continue the pedestrian improvements all the way to the corner of NE 3rd Street and E. Ocean Avenue. Sheets AS1.11 and A1.01. 24. Overhead utilities must be undergrounded. An easement may need to be retained in order to continue the undergrounding of utilities along 3rd Street to continue south of Ocean Ave. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages North(MSPM 17-003)\StaffReport\ExhibitC_COA.doc 4 Page 171 of 206 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean- North (MSPM17-003) APPLICANT: Arthur B. D'Almeida APPLICANT'S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Request for a Major Site Plan Modification approval for a mixed-use development consisting of 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. LOCATION OF PROPERTY: South side of Boynton Beach Boulevard to Ocean Avenue between the F.E.C. Railroad and NE 3d Street 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\Villages at East Ocean\Villages North(MSPM 17-003)\StaffReport\MSPM17-003_DO.doc Page 172 of 206 7.F. New Business 8/22/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: (1)Approve The Villages at East Ocean - South Future Land Use Map Amendment(LUAR 17-003) from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida (2)Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi-family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida EXPLANATION OF REQUEST: The proposed Villages at East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1St Avenue. The Future Land Use Map amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The subject request pertains to the South section of the Villages project. The property consist of 7 parcels, currently developed with commercial and single-family uses. This section is proposed to be redeveloped under the Mixed Use Medium (MXM)future land use category and Mixed Use 2 zoning. The request, if approved, would implement the CRA Plan's future land use recommendation for the area. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will not require capacity adjustment to the City services. FISCAL IMPACT: If approved and developed, the project would encourage development and at higher densities which would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Page 173 of 206 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map ExhibitA. Location Map D Exhibit Exhibit B. Villages proposed FLU D Exhibit Exhibit C. Villages proposed zining D Exhibit Exhibit D. CRA FLU recommendations REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 8/16/2017® 5:40 PM Planning and Zoning Mack, Andrew Approved 8/17/2017® 9:01 AM Planning and Zoning Groff, Colin Approved 8/17/2017® 4:24 PM Assistant City Manager Groff, Colin Approved 8/17/2017® 4:24 PM City Manager Pyle, Judith Approved 8/17/2017® 4:32 PM Page 174 of 206 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-48 STAFF REPORT TO: Chair and Members Planning and Development or THRU: Michael Rumpf[W! Planning and Zoning Director 01 FROM: Hanna Matras, Senior Planner DATE: August 15, 2017 PROJECT: The Villages at East Ocean Avenue-South LUAR 17-003 REQUEST: Approve The Villages at at Ocean-South Future Land Use Map Amendment from Local Retail Commercial (LRC) to Mixed Use Medium (MXM) and rezoning from C-2 Neighborhood Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi-family units and 3,500 square feet of commercial space. PROJECT DESCRIPTION Property Owner/Applicant : Arthur B. D'Almeida Agent: Bradley D. Miller, Miller Land Planning Inc. Location: Area extending from the south side of E. Ocean Avenue to the alley south of SE 1St Avenue, bounded by the FEC Railway on the east and SE 3rd Street on the west (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (L )/ C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Mixed Use Medium (MXM)/ MU-2 Mixed Use 2 with the maximum density of 40 dwelling units/acre Acreage: 1.764 acres Page 175 of 206 Page 2 The Wages at East Ocean Avenue-South LUAR 17-002 Adjacent Uses: North: Right-of-way for Ocean Avenue; farther north, proposed Villages of East Ocean Avenue North with Mixed Use High future land use and Mixed Use Core zoning (currently, developed residential and commercial properties and vacant land, classified Local Retail Commercial (LRC) future land use and zoned C-3 Community Commercial); South: Alley (previously abandoned); farther south a developed single-family home, classified Low Density Residential (LDR) and zoned R1-A, Single Family Residential; East: Right-of-way for FEC Railroad; further east, developed commercial properties, classified Mixed Use High (MXH) future land use and zoned CBD Central Business District; and West: Right-of-way for NE 3rd Street, and farther west, developed single-and multifamily properties classified Local Retail Commercial (LRC), High and Low Density Residential (HDR and LDR)) and zoned R-3 Multifamily and R-1A Single Family Residential. BACKGROUND The proposed Villages of East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue teeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1st Avenue. The land use amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The proposed development is located within the Community Redevelopment Area and carries 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 one-half mile radius around the station of the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, to be located just south of Boynton Beach Boulevard,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 1-95, exempts all projects within a predetermined threshold from the Palm Beach County traffic concurrency ordinance, further supporting redevelopment in the City's downtown and surrounding neighborhoods. 2 Page 176 of 206 Page 3 The Vilages at East Ocean Avenue-South LUAR 17-002 The subject request pertains to the South section of the Villages project. The property consist of 7 parcels, currently developed with commercial and single family uses (the latter nonconfroming under the commercial C-2 zoning). This section is proposed to be redeveloped under the Mixed Use Medium (MXM) future land use category and Mixed Use 2 zoning. The project's proposed density is appoximately 20 dwelling units per acre, one-half of the maximum base permitted density under the MU-2 district. 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 11, Section 2.13 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 need for the requested Future Land Use Map amendment (FLU )/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 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 Coastal Link 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 ( OT), included the department's 2012 Florida TO D Guidebook. The proposed project is adjacent to the planned Coastal Link station. However, the FDOT model for the Boynton each 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. The proposed rezoning will bring the density closer to the number at which planned commuter service can operate efficiently. In addition, the subject request reflects an ongoing high market demand for rental housing. Within its 35-unit residential component, the South section of the Villages would offer different type of units, including live/work, lofts and townhomes. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the 3 Page 177 of 206 Page 4 The Vilages at East Ocean Avenue-South LUAR 17-002 applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan and Redevelopment Plan The proposed future land use amendment and rezoning are 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 Y2 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 X-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. The request, if approved, would implement the FLU of Mixed Use Medium proposed for the area by the 2016 CRA Community Redevelopment Plan. Consistency with Land Development Re-gulations (LDR) The application for the master/site plan complies with the recommendations of the CRA Plan. The development regulations for the requested Mixed Use 2 (MU-2) zoning district are subject of the code review under concurrent consideration. 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. These actions aim to continue implementation of changes that would result in more 4 Page 178 of 206 Page 5 The Vilages at East Ocean Avenue-South LUAR 17-002 desirable and sustainable c irowth for the c nits in an area that abuts a railroad corridor and consists of underutilized commercial property and old storage bays that are non-conforming by current zoning regulations. For lands in or near the City's downtown, the CRA Plan recommends significantly more intense development and higher residential density — particularly within the Downtown Transit Oriented Development District, which already allows for an additional 25% density bonus over all zoning districts with the permitted density beginning at 20 dwelling units per acre. Denser development is needed to sustain the level of activity necessary for a lively downtown and success of the planned Coastal Link commuter service. d. Sustainabifflit y. 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. See the response to criterion "c" above. The proposed amend ment/rezoning constitutes a major contribution to sustainable, high density redevelopment integrating a mix of land uses in the City's downtown area within the DT OD District. The project would follow the recommendations of the CRA Plan, which consistently incorporates sustainability features in all aspects of redevelopment, including intensity, urban design and connectivity. (See the master/site plan report under concurrent consideration.) e. AvailabilitX Public Services /I rastructure. All requests for Future Land Use of nf Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. The Palm each County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm each County Traffic Performance Standards Ordinance. The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. 5 Page 179 of 206 Page 6 The Wages at East Ocean Avenue-South LUAR 17-002 Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. 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. As already discussed in response to criteria "c" and "d," the proposed FLUM and rezoning follows the recommendations of the CRA Plan for the area, and thus will be compatible with the future use of the surrounding properties. The Plan's vision is to transform the area into a high intensity, walkable, bustling urban environment, with a further impetus to be provided by the planned Costal Link commuter service. The FLU recommendation for the remaining portion of the Cultural District is the Mixed Use Medium with a maximum density of 50 dwelling units per acre (see Exhibit "D"). Property values in the area are expected to rise significantly as the implementation of the CRA Plan continues with the proposed FLU amend ment/rezoning and the planned redevelopment of the civic campus into a mixed use Town Square project. The scale of the proposed action will transform the neighborhood while answering the City's need to create a vibrant downtown. , g. Direct Economic Development Benefits. For rezoningIFLUM 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 methodsltechnologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects, and (7)Alleviate blighVeconomic obsolescence of the subject area. 6 Page 180 of 206 Page 7 The Vila es at East Ocean Avenue-South LUAR 17-002 The proposed project would be yet another major catalyst and synergy contributor in support of a successful, lively downtown ("gl" 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 "gY, 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 SY I y, The review shall consider whether the RP proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. Even though the proposed land use amendment/ rezoning would replace the current commercial zoning with a mixed use zoning, the latter allows considerably more intense commercial development. Moreover, high density residential development permitted under the new districts would increase population and thus the demand for commercial uses downtown and in the surrounding neighborhoods. 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. As explained earlier in this report, the proposed FLU M amendment and rezoning constitute implementation of the CRA Plan recommendation for the subject site. 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 ///and the site development standards of Chapter 4. For the master plan/site plan review, see the corresponding staff report. The application for the master/site plan complies with the recommendations of the CRA Plan. The development regulations for the requested Mixed Use 2 (MU-C) zoning district are subject of the code review under concurrent consideration. 7 Page 181 of 206 Page 8 The Wages at East Ocean Avenue-South LUAR 17-002 CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLUM amendment and rezoning and determined that it constitutes the implementation of the CRA Community Redevelopment Plan and the policies of the Comprehensive Plan. Therefore, staff recommends approvals of the subject requests. S-.\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages LUARs\Villages South LUAR 17-003\LUAR 17-003 Villages South Staff Report.doc 8 Page 182 of 206 EXHIBIT A LOCATION MAP > � n Beach Blvd ��I� . 1 4 I 4r Y F t "sT w r r " i Im I b 4 I, tv is d J611 f y k ,Y r � �'_ ) ��� ��' ��'�, SE 1st �► t p W t YtY IC - t64n t E 1 i I Will I I iA �10 ,2n ��h111101� E Rill nd Ave �r t Page 183 of 206 EXHIBIT B VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): FLU E Bo nton Beach BIV d Aft c r- V t E 4 2 Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL(LRC) MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre MIXED USE MEDIUM (MXM), 50 D.U./Acre HIGH DENSITY RESIDENTIAL(HDR),15 D.U./Acre MIXED USE HIGH (MXH), P.- Wlb2f(bf 206 EXHIBIT C VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): ZONING E Bo nton Beach Blv • e • 3 W I a ti 2 Legend: Zoning Districts C3 Community Commercial R1A Single Family CBD Central Business District R3 Multi Family MU-2 Mixed Use 2 0 C2 Neighborhood Commercial MU-C Mixed Use Core Page 185 of 206 Exhibit D CRA PLAN'S FLU RECOMMENDATIONS N E 3 M �4ve W _ _ _................ (f, S M' ,M —E-Boynton-Beach Blvd NORTH PARCEL , NE 1st_Ave MF 'M W E an- ZIM------- SOUTH PARCEL SEWst ve� MP H W SE 2nd Ave LEGEND Boundaries of Villages Project, North and South Q Boundary of Cultural District Boundary of Boynton Beach Boulevard District Mixed Use Medium (MXM) Future Land Use Mixed Use High (MXH) Future Land Use 20 e 1 f P06 7.G. New Business 8/22/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve The Village at East Ocean Avenue- South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. Applicant: Aurther D'Almeida EXPLANATION OF REQUEST: The Villages at East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line—the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports). The requests include two (2) Future Land Use Map Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the south parcel for approval to construct a mixed-use development consisting of 35 multi-family residential units, 3,500 square feet of commercial space and corresponding parking. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted If approved and developed, the project would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 187 of 206 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 8/16/2017® 5:21 PM Planning and Zoning Mack, Andrew Rejected 8/17/2017® 9:57 AM Planning and Zoning Bassielya, Amanda Approved 8/17/2017® 10:36 AM Planning and Zoning Rumpf, Michael Approved 8/17/2017® 10:58 AM Planning and Zoning Mack, Andrew Approved 8/17/2017® 12:08 PM Planning and Zoning Groff, Colin Approved 8/17/2017® 4:25 PM Assistant City Manager Groff, Colin Approved 8/17/2017® 4:25 PM City Manager Pyle, Judith Approved 8/17/2017® 4:31 PM Page 188 of 206 DEVELOPMENT T PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-044 STAFF REPORT TO: Chair and Members Planning and Developm Board THRU: Michael W. Rumpf � - Director of Planning and Zoning FROM: Amanda Bassiely Senior Planner— U an Designer DATE: August 11, 2017 PROJECT NAME: The Villages at East Ocean Avenue -South (MSPM 17-004) REQUEST: Major Site Plan Modification approval for a mixed-use development consisting of 35 dwelling units, commercial space; and associated recreational amenities and parking on a 1.764 acre site. PROJECT DESCRIPTION Property Owner: 206 Boynton LLC, Boynton Beach Property Holdings LLC, 416 Boynton LLC, 422 Boynton LLC, First Avenue Boynton LLC, East Ocean Avenue LLC Applicant: Arthur B. D'Almeida, Managing Member Agent: Bradley D. Miller, Miller Land Planning Location: South side of Ocean Avenue to the alley south of SE 1st Avenue between the F.E.C. Railroad and SE 3rd Street (see Exhibit "A" - Site Location Map). Existing Land Use: LRC (Local Retail Commercial) Proposed Land Use: MXM (Mixed Use Medium) Existing Zoning: C-2 (Neighborhood Commercial) Proposed Zoning: MU-2 (Mixed Use 2) Proposed Use: 35 dwelling units, 3,500 square feet of commercial space, and associated recreational amenities and parking on a 1.764 acre site. Acreage: 1.764 acres Page 189 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 2 Uses:Adjacent North: Right-of-way for Ocean Avenue and farther north is a proposed mixed use development of the Villages at East Ocean Avenue (north parcel) which is proposed to have a Land Use classification of Mixed Uses High (MXH) and a zoning designation of MU-C (Mixed Use Core); South: Developed single-family properties with a Land Use classification of Low Density Residential (LDR)and zoned R1 (Single Family); East: Right-of-way for the Florida East Coast Railroad and NE 4I' Street and father east are developed commerical properties with a Land Use classification of Mixed Use (MX) and a zoning designation of CBD (Central Business District); and West: Right-of-way for NE 3rd Street and farther west are developed multi- family properties zoned R-3 (Multi-Family) 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: The Villages of East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line—the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports).The requests include two (2) Future Land Use Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the south parcel for approval to construct a mixed-use development consisting of 35 multi-family residential units, 3,500 square feet of commercial space and a supporting parking. 2 Page 190 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 3 ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. 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 entire project(both the north and south parecels)generate 1,635 new daily trips with 192 AM peak trips and 130 PM peak 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 demand 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. Access: The property has two vehicular access points on SE 3rd Street. Both access points lead directly into the parking areas which serve the residential units. Sidewalks are provided along the street rights-of-way. The sidewalks proposed are a minimum of eight (8)feet in width and are lined with street trees for shade.The sidewalks along Ocean Avenue abut an active area that may be used for outdoor dinning for commercial uses. There is a central plaza located on the Ocean Avenue frontage to encourage pedestrian interaction. The development also proposes two green areas, one in the center of the parking area, which may be used as a dog park and a second adjacent to the historical structure at the southern end of the project. Parking: Off-street parking for the MU-2 zoning district requires 1.5 parking spaces for one-bedroom units and two parking spaces for two (2) or more bedroom units. The project proposes 35 units (a mixture of studio, loft, one and two 3 Page 191 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 4 bedroom units), which would require 54 parking spaces. Additionally, the code requires the provision of guest parking ata rate of 0.15 spaces per unit, which adds another 6 required 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 3,500 square feet of retail, thereby requiring an additional 18 parking spaces. The existing historic structure has not been assigned a use and does not seem to be accounted for in the parking calculations. Staff requests this deficiency, if one exists, be rectified(See Exhibit C—Conditions of Approval). The site plan contains 88 required parking 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. The four (4) handicap spaces would be dimensioned 12 feet wide by 18 feet long. The applicant is proposing a surface parking lot that is located behind the residential units. The parking area is completely screened from both SE 3rd Street and Ocean Avenue. The parking lot would accommodate up to 61 vehicles. 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 there is no reason for residents to utilize guest and retail parking spaces. There are an additional 17 on-street parking spaces; six(6)on Ocean Avenue and eleven (11) on SE Sd Street. Lastly, the 5 townhomes each have a two-car garage (totaling 10 parking spaces). Landscaping: The Plant List(Sheets L3&L4)indicates that the project would add a total of 49 canopy trees, 26 palm trees, 952 accent and shrub specimens, and 4,760 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 include the following: Cathedral Live Oak, Crape Myrtle,Green Buttonwoon, Sabel Palms, Silver Date Palms, and along with a variety of other tree types. The CRA Plan recommends the Ocean Avenue streetscape include reduced building setbacks and encourage building placement abutting the street,thus creating an urban setting. The concept creates a landscape design that encompasses both the private and public domain,to blend the two areas into one unified landscape scheme to optimize the 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 maximize clear pedestrian pathways. 4 Page 192 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 5 Building and Site: The proposed site area totals 1.764 acres. The dwelling units are located above the retail spaces fronting Ocean Avenue and along SE 3`d Street. The retail portion of the project totals 3,500 square feet and fronts the main roadways and the public plaza. The parking area, as noted previously, has 61 parking spaces, with dedicated resident parking. Of the 35 residential units, nine (9)are studios, six(6)are one(1)bedroom, four(4)are livework units, eleven (11)are two (2)bedroom, and five(5)are (3)bedroom units.The units range in size from a 954 square foot to a 3,044 square foot. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use 2 (MU-2) zoning district has a maximum FAR of 2.0 (0.91 FAR proposed). The project is also located within the "Transit Core" (1/4 mile radius of the station),which requires that new development have a minimum density of 20 dwelling units per acre (20 du/ac are proposed). Building Height: Overall, the building design has the most intensity along the frontage of Boynton Beach Boulevard, decreasing in intensity as the project approaches Ocean Avenue. The maximum building height allowed in the MU-2 (Mixed Use-2)zoning district is 65 feet. The proposed building elevations depict the typical roof deck height of aproximaity fifty-four (54) feet; with an overal height of approximately sixty-four (64) feet. Along Ocean Avenue, the building height is reduced in hieght to approximately thirty-five feet(36), per the CRA plan. Setbacks: The MU-2 zoning district requires no building setbacks, but rather a zero(0) build-to line. However,the CRA plan recommends the building be setback to allow for an enhanced public realm that includes street trees, sidewalks, plazas, and active areas such as outdoor seating for retail uses.The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Ocean Avenue and SE 3rd Street the building has a setback of approximately 16 feet and approximately 18 feet along the FEC right-of-way. Amenities: As noted above, there is a central plaza loacted on the Ocean Avenue frontage to encourage pedestrian interaction. The development also proposes two green areas, one in the center of the parking area,which may be used as a dog park and a second adjacent to historical structure at the southern end of the project. Design: The intended architectural style for the project is"Coastal Village",which is a variation of Florida Vernacular Architecture.This architectural style fosters a sense of place and identity for the district. The Coastal Village architectural style blends tropical motifs such as climate-sensitive roof forms with contemporary design elements such as vertical orientation, sparsely used ornamentation,vertically-oriented windows,and materials such as concrete and steel structural frames, standing seam metal roofs and use of colors. The project materials and finishes are consistent with this architectural style. 5 Page 193 of 206 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 6 The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along pedestrian zones and articulating the building mass avoiding a repetitive, continuous, monotonous building block. The building mass fronting SE 3rd Street on both the north and south parcels is articulated and scaled down as one moves from north to south. This approach maintains the highest building mass and density closer to Boynton beach Boulevard and a lower scale on both sides of Ocean Avenue, terminating with a small townhouse building at the south end. The buildings facing Boynton Beach Boulevard are stepped back ten feet at a height of 45 feet in order to move the mass of the building farther from the pedestrian environment. Lighting: The photometric plans (Sheets PH-1 & PH-2) include 33 freestanding pole light fixtures, with pole height ranging from 12 feet to a maximim of 15 feet. The poles are designed to match the poles and lightfixture already approved along the Casa Costa, 500 Ocean and Boynton Promenade projects. The poles and fixtures would be constructed of cast aluminum, black in color and the light fixtures would have a flat lens to ensure the on-site illumination would not"spill over"onto adjacent properties and rights-of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot- candies allowed. Signage: Locations have been identified to ensure proper wayfinding for public parking. Site and building signage have not been finalized and a Sign Program must be approved for the site prior to requesting any sign permits for the site (see Exhibit"C"— Conditions of Approval). Public 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 project proposes Public Art throughout the site including utilizing the building walls,site fountains, public courtyards and walkways. RECOMMg—NDATION Staff has reviewed this request for a Major Site Plan Modification 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\Villages at East OceanWillages South(MSPM 17-004)\Staff Report-MSPM 17-004.doc 6 Page 194 of 206 EXHIBIT A LOCATION MAP ri tt MIT sir, ;f,. 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I— II a PV 5 s � s s � F un xdU s .xd ad s e d mx d d N'7' U e 33g �t P �s gad P a a g& t a6 a 8E 33 3? -0 @l -0 ro U aCO EN cr-cd � $tfl F- C o I I I I I I +� •.> k i i I I dt I 1 i I i i Y - --- -- i i r i L , I i Of I j 1 t0 ------ NDN I I O S w o i 6 EXHIBIT "C" Conditions of Approval Project Name: Villages at East Ocean (South) File number: MSPM 17-004 Reference: 4th review of plans identified as a Maior Site Plan Modification with a July 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 2. Please coordinate with Stormwater Utilities to ensure modeling of the stormwater discharge to the ultimate outfall. 3. Prior to permit application, please contact the Public Works Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10-26 (a). 4. The CODE, Section 26-34(A) mandates the payment of water and/or sewer capital facilities charges when a project is to receive services from the city's systems, and as an option, a capacity reservation fee may be obtained at an additional cost and will only be valid for a period of one (1) year after the fee has been paid. Capacity reservation fees shall be paid upon the request for the Utilities Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. All fees will be determined based on the final meter size(s), or expected demand. 5. The existing drainage to remain within the project limits and along the project frontage shall be Tele-inspected before and after construction. Prior to the post construction tele-inspection, the same lines shall be cleaned. 6. Profile sections shall be required along each property line. This comment can be addressed in the Land Development submittal. 7. Provide an Addressing Plan, prior to permit issuance. 1 Page 202 of 206 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Page 2 of 4 DEPARTMENTS INCLUDE REJECT 8. Provide irrigation plans with the landscape plan, prior to permit issuance. 9. Applicant shall work with the Utility Department to determine the project wastewater flow discharge, which will be entered into the City's hydraulic model to determine if a lift station is required. 10. Please address storm water treatment for first inch of rainfall, as well as conception detail and conveyance. Please note SFWMD requirements may be more restrictive. Calculations for exfiltration shall be submitted at time of permitting. 11. The attendance at a mandatory Pre-Construction Conference is required prior to the start of any utilities work on site. FIRE Comments: None. All previous comments addressed at DART Meeting. POLICE Comments: None. All previous comments addressed at DART Meeting. BUILDING DIVISION Comments: Building comments will be addressed at time of permitting. PARKS AND RECREATION Comments: 12. Per City Ordinance, the Park Impact Fee for the South Parcel is $22,225 (30 apartments X$595 + 5 townhomes X$875). 2 Page 203 of 206 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Page 3 of 4 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 13. Sheet AS1.10 data is incomplete. Please add FAR calculations and revise parking calculations to accurately reflect the plan. 14. Please provide calculations and dimensions of ground floor building facades which indicate that 50% (all mixed use buildings) and 30% (for all residential buildings) of the area is occupied by transparent windows or door openings. 15. Please provide details of any proposed building signs. A Sign Program will be required for the project. No sign permits will be issued until the program is approved. 16. Any approvals are subject to the approval of the associated right- of-way abandonment applications. 17. Revise elevations to consistently match the submitted color chip, "Adventure Orange". 18. Existing historic structure on the property does not seem to have an assigned use or associated parking. Please mark the plans and include the tabular date to ensure parking is provided. 19. Provide square footages by use on the plan to ensure parking tabular data is accounting for all proposed areas. HISTORIC PRESERVATION Comments: None. COMMUNITY REDEVELOPMENT AGENCY Comments: 3 Page 204 of 206 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Page 4 of 4 DEPARTMENTS INCLUDE REJECT 20. Clearly identify the location of the required parking spaces associated with the proposed retail/restaurant and guests. Sheets AS 1.10 parking table, AS 1.11 and A1.01. 21. Overhead utilities must be undergrounded. An easement may need to be retained in order to continue the undergrounding of utilities along 3rd Street to continue south of Ocean Ave. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages South(MSPM 17-004)\StaffReport\ExhibitC COA.doc 4 Page 205 of 206 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean- South (MSPM17-004) APPLICANT: Arthur B. D'Almeida APPLICANT'S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Major Site Plan Modification approval for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. LOCATION OF PROPERTY: South side of Ocean Avenue to the alley south of SE 1st Avenue between the F.E.C. Railroad and SE 3rd Street 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\WRPROJECTS\Villages at East Ocean\Villages South(MSPM 17-004)\StaffReport\MSPM17-004_DO.doc Page 206 of 206