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Agenda 11-28-17 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, November 28, 2017 TIME: 6:30 PM PLACE: Commission Chambers 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes A. Approval of Minutes from 10-24-17 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business A. Approve Eden Ridge Rezoning (REZN 18-001) from R-1-AA Single-Family Residential District to R-1-A Single-Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. B. Approve Ocean Breeze East Rezoning (REZN 18-002) from MU-1_2 (Mixed Use—Low Intensity 2 District) to MU-2 (Mixed Use 2 District) to support the conveyance of CRA-owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City-initiated. C. Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C-1 (Office Professional) zoning district. Applicant Cristine Thibodeau. D. Approve High Ridge Country Club Major Site Plan Modification (MSPM 17-009) to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REC) zoning district. Applicant: Donaldson Hearing, Cotleur& Hearing E. Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to increase the magnitude of encroachment of front porches into the building setbacks. 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 Page 1 of 79 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 79 4.A. Approval of Minutes 11/28/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/28/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approval of Minutes from 10- 24-17 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 10-24-17 Minutes Page 3of79 DRAFT MINUTES PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA TUESDAY, OCTOBER 24, 2017, 6:30 P.M. PRESENT: STAFF: David Katz, Chair Mike Rumpf, Planning& Zoning Director Kevin Fischer, Vice Chair Ed Breese, Principal Planner Trevor Rosecrans James Cherof, City Attorney Floyd Zonenstein Lisa Edmondson, Prototype, Inc. Ryan Wheeler Susan Oyer Stephen Palermo ABSENT: Nicholas Skarecki, Alternate David Sholl, Alternate Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance 2. Roll Call Roll was called and it was determined a quorum was present. 3. Agenda Approval Motion made by Ms. Oyer, seconded by Mr. Zonenstein,to approve the agenda. In a voice vote, the motion passed unanimously(7-0). 4. Approval of Minutes from Planning and Development Board Meeting Minutes A. Approval of the August 22,2017 minutes Motion made by Ms. Oyer, seconded by Mr. Fischer,to approve the minutes of the August 22, 2017 meeting. In a voice vote, the motion passed unanimously(6-0). B. Approval of the September 26, 2017 minutes Page 4 of 79 Meeting Minutes Planning and Development Board October 24, 2017 Page 2 Motion made by Mr. Fischer, seconded by Mr. Wheeler, to approve the minutes of the September 26, 2017 meeting. In a voice vote, the motion passed unanimously(6-0). 5. Communications and Announcements: Report from Staff Mr.Rumpf reported that all of the following items brought before the City Commission on October 17, 2017 were approved: • Courtyard Gardens major site plan modification for the Memory Care/Adult Living Facility (included three additional conditions - two charging stations, backup power generator to supply power to the entire facility; local hiring) • LDR amendments (First reading of Code amendment regarding medical marijuana) 6. Old Business -None 7. New Business Attorney Cherof swore in those wishing to testify on the following items. A. Approve Exeter / Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial)zoning district. Applicant: Allan Hendricks, Caulfield&Wheeler, Inc. Mr. Wheeler recused himself due to a conflict of interest. Allan Hendricks, Caulfield&Wheeler, Inc., described the site and said they just finished building out Phase 1 and Phase II. They did a lot split with Yellow Freight; they are taking all Yellow Freight's drainage, and the building will look about the same as the existing building. Ms. Oyer inquired about the percent of shade trees to palm trees, types of trees, roof color/reflectivity, solar, and reason for paying the art fee. In response to other questions, Mr. Hendricks said he did not know what would be warehoused there and asked Mr. Wheeler to comment on water retention. Ryan Wheeler, 7900 Glade Road, Boca Raton, explained that the site is six feet above control water elevation. They are taking on some of the drainage from the Yellow Freight site and have approval from the South Florida Water Management District and Lake Worth Drainage District. The site is not in the new FEMA flood zone. Mr. Hendricks stated they were fine with the conditions of approval. Chair Katz then opened the hearing for public comment. James Chichetti, 93 Nottingham Place, Carriage Point Townhomes, said he lives directly across the street from Phase I and II. He spoke about the negative effects of recent construction including noise and vibration due to machinery, and damage to swales, sidewalks, ruts, and vegetation from Page 5of79 Meeting Minutes Planning and Development Board October 24, 2017 Page 3 heavy vehicles. He said the landscape work by the building was good, but that was the only area that was restored after construction. He also noted electrical failures,plumbing leaks, exacerbated drainage problems on SW 35 Avenue, unsafe volume of water on roadway, and deterioration of roadway surface. He said the drainage needs attention, and the road needs to be made passable. Mr. Hendricks said his site was behind the current project and does not abut the neighborhood. It is about 500 feet away. He asked Mr. Chichetti about the origin of the sound, and Mr. Chichetti said the noise started with the heavy machinery brought in for compacting the dirt. David Del Sesto, 106 Nottingham Place, spoke about the vibrations in his house. He called someone at the construction company, who came to his house, and he could feel the vibrations. He took a photo of the entry to the project earlier in the day where water was almost meeting at the middle of the road. The water went all the way to Caloosa Park. He said he did not have a problem with the project, per se, only with the construction. Hearing no further comments, Chair Katz closed the public hearing. Discussion ensued on water retention on the site, construction complaints (contractor can make any improvements or repairs from damage caused by construction equipment), storm water removal (grates) for flooding on SW 35 Avenue, access to the property, alleyway, ownership of the first property/project, and plans for the vacant building. Chair Katz suggested that the residents contact Jeff Livergood, City Engineer, and the Assistant City Manager Colin Groff in charge of utilities. Motion made by Ms. Oyer, seconded by Mr. Palermo,to approve Exeter/ Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield & Wheeler, Inc., including all conditions of approval. In a voice vote, the motion passed unanimously (6-0), with Mr. Wheeler recusing himself. Dwayne Dickerson, attorney with Miskel & Backman, 14 SE 4 Street, Boca Raton, on behalf of the applicant, agreed to hear Items 7B, 7C, 7D, and 7E together. B. Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel &Backman, LLP. 1. Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). Page 6 of 79 Meeting Minutes Planning and Development Board October 24, 2017 Page 4 C. Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel &Backman, LLP D. Approve Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article I1I, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. E. Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP Dwayne Dickerson provided a history and corporate information for Aldi Grocery. He described the subject site and showed adjacent and nearby properties. Mr. Dickerson showed the current building on the property (which they will demolish), site plan rendering, parking requirements, loading dock, landscaping, water retention, and elevations. Mr. Dickerson stated that in the review for the future Land Use amendment and rezoning,the board would want to consider consistency and conformity with adjacent properties and current Land Use categories. They believe the requested amendment will bring the property into alignment with the surrounding area. He showed zoning maps and land use maps. Regarding the variance request, Mr. Dickerson explained there is only a very small portion of the building in the red area, and they satisfy the rear yard setback for a substantial part of the building. The strategic bump-out area to the right of the east side is to allow for additional screening of the loading dock area to residents on the east side. The dock reduces in grade so that when the truck pulls in, there will be additional screening. Landscaping also contributes to the screening. Mr. Dickerson then addressed the four Community Design Appeals: overhead bay door locations and color; parapet return design features; covered walkways (compromised with three hardwood trellises and additional walkways); and off-street parking (landscaped curb areas to reduce appearance of a parking field,). Mr. Dickerson stated that they met with the adjacent Homeowners Association, who seemed to welcome the addition to the neighborhood. He also mentioned that they agree with all the 17 conditions of approval,except for Number 14-the requirement to build the bus shelter. They have talked to Palm Trans, who has not requested a bus shelter to be built there. However, Palm Tran wants the easement for future, and Aldi will provide the easement. Page 7 of 79 Meeting Minutes Planning and Development Board October 24, 2017 Page 5 Ed Breese, Principal Planner, stated that staff requires a bus shelter for the residents in any new development with a pre-existing bus stop. The Code indicates that the shelter should mimic the building and materials, rather than the typical Palm Tran shelter. Chair Katz opened the public hearing. Andrew Meyer, 39 Vista Del Rio, expressed support for the bus shelter, especially for employees who may not have their own transportation. Cindy Falco-Di Corrado, 316 NW 1 Avenue, felt the store would be an asset to the community. She wondered if there could be a partnership for the bus shelter if that appeared to be a "deal- breaker." Hearing no further comments, Chari Katz closed the public hearing. Discussion occurred on the quarter system for shopping carts; size of women's vs. men's restrooms;unisex(universal)changing station;number of registers;paint colors(use more energy- efficient colors); number of palm trees versus shade trees; and LED lighting(have all warm white lights instead of half and half). Mr. Dickerson stated that the lights met all the Code requirements and photometrics. Ms. Oyer wanted to have 100% warm white lights as an amendment because it is better for everybody's health. Regarding potential flooding problems on the loading dock, Mr. Dickerson said their engineer worked closely with the City engineer and said the site meets all the drainage calculation requirements and all engineering requirements, and he was confident they could withstand all the Code requirements for drainage. Other items discussed including possible pedestrian access to surrounding parcels, replacing the east fence with a wall, and handicap parking locations. Chair Katz said he would request an additional condition to add two handicap parking spots to the front of the building. Mr. Dickerson said that adding two handicap spots would take away more than two regular spots, and they would go under the Code required parking. They now have 92 spaces. Chair Katz explained that there is a large population of seniors and people with physical disabilities in Boynton Beach. Discussion ensued on how the applicant could add the two spaces. Mr. Breese said if they go below the minimum Code for parking, they will be back for a variance. He suggested that they add as many as they can without going below the required parking. Regarding the variance (Item 7C), Mr. Breese advised that they have not met all the criteria, but staff suggested approval based on additional criteria. Discussion occurred on the eastern wall abutting one house, with it being noted that Stonehaven was probably built after the office building. Mr. Dickerson stated that Palm Tran asked for the easement in the application submitted to the County, but said they were not going to require a bus shelter at this time. They would defer to the Page 8of79 Meeting Minutes Planning and Development Board October 24, 2017 Page 6 City. If the City decided in the future that the shelter was needed, Mr. Dickerson believed that Palm Tran would construct it. Also discussed were electric car charger spaces,roof solar panels,bicycle racks,the quarter system for carts versus locking carts, concrete wall versus non-concrete wall, and agreement on the wall with the HOA. Chair Katz stated he had met with the applicant and staff regarding the bus shelter. Mr. Wheeler suggested making the LED light condition something they would look into instead of making it a requirement. Mr. Dickerson did not want a condition where they did not have a photometric engineer, noting that different intensities are needed for different requirements such as parking versus indoors. He said they would agree to re-evaluating the matter. Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve 7B, Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP; including points 1 and 2. In a voice vote, the motion passed unanimously(7-0). Motion made by Mr.Palermo,seconded by Mr.Zonenstein,to approve 7C,Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet,to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. In a voice vote, the motion passed unanimously(7-0). Motion made by Mr. Fischer, seconded by Mr. Palermo, to approve 7D,Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way";2)Chapter 4,Article III, Section 7.D.2.,"Parapet roof return requirements"; 3) Chapter 4, Article 111, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article 111, Section 7.J.L "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel &Backman, LLP. In a voice vote, the motion passed unanimously(7-0). Motion made by Ms. Oyer, seconded by Mr. Palermo, to approve 7E, Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel &Backman, LLP with the following conditions: • Applicant to make an effort to add two additional handicap parking spots without going under the minimum on the parking • Applicant to make a concerted effort to see how lighting can be done as efficiently as possible, ending up as warm white lights • No bus shelter at this time • In a voice vote, the motion passed (6-1), with Mr. Rosecrans opposed. 8. Other-None Page 9of79 Meeting Minutes Planning and Development Board October 24, 2017 Page 7 9. Comments by Members -None 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:48 pm. [Minutes transcribed by J.Rubin,Prototype,Inc.] Page 10 of 79 7.A. New Business 11/28/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/28/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Eden Ridge Rezoning (REZN 18-001)from R-1-AA Single-Family Residential District to R-1-A Single-Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. EXPLANATION OF REQUEST: The 2.43-acre property is developed with a structure containing three rental dwellings, a nonconforming use under its current R-1-AA Single-Family Residential zoning district. The applicant requests rezoning to the R- 1-A Single-Family Residential district to allow for replatting of the property into an eight single-family lot subdivision. The proposed rezoning would contribute to the single-family home inventory which remains relatively low county-wide. In recent years, residential construction within the City has been dominated by multifamily rental apartments. The maximum density of the proposed zoning district is 6 units per acre, only slightly higher than 5.5 units per acre maximum allowed under the property's current R-1-AA zoning. The proposed zoning is consistent with that of the nearby area to the south of the subject property. If the request is approved, the parcel directly south of the subject parcel will remain the only property within the area zoned R-1-AA. Staff encouraged the applicant to include both parcels in the rezoning application; however, the applicant's attempts to secure the participation of the abutting property owner failed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services. FISCAL IMPACT: The proposed rezoning would support eight single-family homes and the corresponding increase of the City's tax base. ALTERNATIVES: Staff recommends no alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 11 of 79 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit ExhibitA. Eden Ridge Location Map: aerial D Exhibit Exhibit B. Eden Ridge Location Map: rezoning Page 12 of 79 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-058 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: October 20, 2017 PROJECT: Eden Ridge (REZN 18-001) REQUEST: Approve Eden Ridge rezoning from R-1-AA Single-Family Residential District to R-1-A Single-Family Residential District PROJECT DESCRIPTION Property Owner: Eden Ridge, LLC Applicant: Aldo Kosuch/ Eden Ridge, LLC Agent: Christi Tuttle, Miller Land Planning, Inc. Location: 3479 S. Seacrest Blvd. (Exhibit "A") Existing Land Use/ Zoning: Low Density Residential (LDR) / R-1-AA Single-Family Residential Proposed Land Use/ Zoning: Low Density Residential (LDR) / R-1-A Single-Family Residential Acreage: 2.43 acres Adjacent Uses: North: Seacrest Scrub Nature Area, classified Conservation (CON) and zoned REC Recreation; Page 13 of 79 Page 2 Eden Ridge REZN 18-001 South: Single-family home and orchard grove, classified Low Density Residential (LDR) future land use and zoned R-1-A-A Single-Family Residential District; East: Seacrest Scrub Nature Area, classified Conservation (CON) and zoned REC Recreation; West: Right-of-way for S. Seacrest Boulevard, and farther west, St. Joseph's Episcopal Church/School, classified Public Usage (PU) future land use and zoned R-1-AAB Single-Family Residential District. BACKGROUND The 2.43 acre property is developed with a structure containing three rental dwelling units, a nonconforming use in the R-1-AA Single-Family Residential zoning district. The applicant requests rezoning to R-1-A Single-Family Residential district, which would allow replatting the property into the proposed eight single-family lot subdivision. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.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. As noted above, the proposed rezoning would support replatting the property into the eight single-family lot subdivision, thus augmenting the single-family home inventory which remains relatively low county-wide. In recent years, residential construction within the City has been dominated by multifamily rental apartments. Currently, the property is underutilized, and its use is non-conforming under both present and proposed zoning. The rezoning would allow full utilization of land under the zoning district consistent with that of the nearby area to the south of the subject property. 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. The proposed rezoning is consistent with the intent of policies of the Land Use Element of the Comprehensive Plan, including: 2 Page 14 of 79 Page 3 Eden Ridge REZN 18-001 Policy 1.12.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. As already noted, most housing units built in the City during the last five years are multifamily rental dwellings. The proposed rezoning would support a single-family home subdivison. Policy 1.12.2 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City's affordable housing The proposed rezoning would eliminate a non-conforming use from a single-family neighborhood. The increase of the maximum density between the existing and proposed zoning district is only 0.5 du/acre, and the proposed zoning is consistent with zoning of the nearby areas south of the subject property. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. The subject parcel and the parcel directly south of it are the only properties in the residential neighborhoods south of the Seacrest Scrub that that carry a zoning designation of R-1-AA. The requested designation of R-1-AA is consistent with zoning of the subdivisions south of the two parcels. If the request is approved, the parcel directly south of the subject parcel will remain the only property with the R-1-AA zoning designation within the area. Following good planning practices, staff encouraged the applicant to include both parcels in the rezoning application; however, the applicant's attempts to secure the participation of the abutting property owner failed. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 3 Page 15 of 79 Page 4 Eden Ridge REZN 18-001 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning does not meet the main sustainability characteristics as listed above; however, residents in new single-family homes would have easy access to public transportation, with stops of the Palm Tran Bus Route 70 conveniently located on S. Seacrest Boulevard at Mission Hill Road and at SE 34th Avenue. e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The request is for rezoning only. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposed rezoning would be compatible with the use of adjacent and nearby properties (see response to criterion "c," Land Use Pattern), and would not negatively affect the property values. The scale or the proposed rezoning is not significant enough to have impact on the needs of the neighborhood. g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would.- (1) ould.(1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. N/A. 4 Page 16 of 79 Page 5 Eden Ridge REZN 18-001 g. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. N/A h. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The City has little vacant land left; however, there are a number of R-1-A-zoned residential neighborhoods, especially north of Woolbright Road, which likely include vacant and/or for sale lots. These lots are, on average, small and involve multiple owners; it is thus challenging to assemble land for a bigger project. The subject property, if rezoned, is large enough to develop into an 8-lot subdivision. L 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 111 and the site development standards of Chapter 4. The proposed rezoning does not involve a master plan or a site plan. The subdivision plat will be reviewed at a later date. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and determined that it meets the rezoning criteria as defined by the Land Development Regulations, Chapter 2, Article II, Section 2.D.3, including consistency with the policies of the Comprehensive Plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Eden Ridge\Eden Ridge REZN 18-001\REIN 18-001 Eden Ridge Staff Report.doc 5 Page 17 of 79 EXHIBIT A EDEN RIDGE LOCATION MAP t� t a y ' tNt MissionHill Rd + + u �1 Eti M� W i } , 041 „ t � , + SE 34th Ave -� cw W WW ` r S t l tt - Lake Eden Dr SE 35th Ave �, u, G N 0 3060 120 180 240 X79 EXHIBIT B EDEN RIDGE LOCATION MAP: REZONING yrrt rri 7 frrr + � k , t s #il ii t ty s t+rs t+ 14 r; + err s 1- c ;c r + s tri t rri Y iI rri 1 ' ' 11 )r it 1 ( l t 1/r i rji I J Soy l Ftff t { i{ 1 t �irtrki t; ! ktt srls'js't t _\ tr4i�fJ� +\ Star{t � i� Uk�ri 4t1F ) S ;i 11 t?ki r`+ J i(l )' rii ikt3l i. it !s k t i rrJ ' 7+rk� r+ Ss f}r 1 t #+ .. rt iii rk yJ+ s+\_' t r �i)?i pit rtttr it tr4...illi+ t r4 tts fSkk i{tiir' ri UJr. f { }£I trrfi s ) i{ 41s t1 lr f�its. s J)r + spr Jy +ils1r f t` _t ti ra t rir 14it'+ k+.....t rf pf+ + kJ rkitis}} + itr Jr U.+ t v1s +V rri }t i s! } s ;; It#+ s rs (t rii rks ;;i t t I� rli r 3 t+is 's kr(.°f +� I f r rS{rl S + rtr ci#sy s {' i r r ,r;Jt {i 7 1� rr 't Ji jk Jsr tr ! 1'¢{ r sly i Ir it } ( { i firs it 1 _ r + tr tIr f £f)f+ ti t sVr t 7 1 r s + '1+ t .t z u .A rtt f 1'+ iSrit rrf r it t 1 t + li s J sir+r ilii t t 7 r', rt+ i4r4 ir} itr tiri itrsfttrrtrr � + r If ltir r r rust'rr rk r r4kktl tsrt i ttrr i;;l�++f{ �sj 6 1 is Aitr i _it tip;rl ar 1 {!s� Ift71y rty;sr rt lr- i1+r t+J 2 t - i iy;lrtl +l sllsr�tf r 1 it s7 rJ ril \ ii i A !i t+il f r}i<�Isr lri { ' i'? sf �t it'ii �k 2jr 4 c i �,ir y. 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New Business 11/28/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/28/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Ocean Breeze East Rezoning (REZN 18-002)from MU-1_2 (Mixed Use–Low Intensity 2 District) to MU-2 (Mixed Use 2 District) to support the conveyance of CRA-owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City-initiated. EXPLANATION OF REQUEST: The subject property, provisionally referred to as Ocean Breeze East, consists of two (2) Boynton Beach CRA-owned parcels in the Heart of Boynton District as designated by the CRA Community Redevelopment Plan. The 21 single-family home Ocean Breeze West development was recently completed on the west side of Seacrest Boulevard. The subject request is city-initiated, consistent with the provisions of the Land Development Regulations (LDRs). Since 2015, the LDRs have allowed the City to proactively initiate and process future land use reclassifications and rezonings to planned zoning districts for selected sites—if recommended by a significant planning document(s)—without a concurrent review of a master plan. The request meets this condition as it will implement the recommendation of the CRA Plan. The request represents the continuation of"house cleaning" tasks following major changes to the City's future land use (FLU)/zoning structure as part of the implementation of the CRA Plan. The "new" FLU structure was adopted into the Comprehensive Plan on July 18, 2017 and is now reflected in the amended FLU map, with the subject property classified MXM, Mixed Use Medium future land use. The FLU/zoning structure was codified on September 19, 2017; the "new" zoning districts include MU-2 (Mixed Use 2). The proposed MU-2 zoning district, otherwise essentially the same district as MU-L2, nevertheless allows for a significantly higher maximum density than the existing designation (40 versus 30 dwelling units/acre). Since the new zoning structure does not include a district with the same density cap, MU-1_2 is the appropriate choice, consistent with the recommendations of the CRA Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on City services or programs, however, depending on the type of project, the developer will have to coordinate the required water, sewer and stormwater improvements with the Utilities Department. FISCAL IMPACT: The future project will contribute to the City's tax base. ALTERNATIVES: None recommended. STRATEGIC PLAN: Page 20 of 79 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff report D Exhibit Location Map Aerial D Exhibit Location Map® rezoning Page 21 of 79 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-061 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: October 31, 2017 PROJECT: Ocean Breeze East REZN 18-002 REQUEST: Approve Ocean Breeze East Rezoning (REZN 18-002) from MU-L2 (Mixed Use—Low Intensity 2 District) to MU-2 (Mixed Use 2 District) to support the conveyance of CRA-owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City-initiated. PROJECT DESCRIPTION Property Owner: Boynton Beach CRA Applicant: City-initiated Location: East side of N. Seacrest Boulevard, south of NE 7th Avenue (Exhibit "A") Existing Land Use/ Zoning: Mixed Use Medium (MXM))/ MU-L2 (Mixed Use-Low Intensity 2 District) Proposed Land Use/ Zoning: Mixed Use Medium (MXM))/ MU-2 (Mixed Use 2 District) Acreage: +/- 4.39 acres Page 22 of 79 Page 2 Ocean Breeze East REZN 18-002 Adjacent Uses: North: Right-of-way for NE 7t" Avenue; farther north one developed and one vacant property of the Church of God, and on the northwest, two vacant parcels; all the above properties classified Medium Density Residential (MeDR) and zoned R-2 (Single-and Two-Family Residential District); South: Developed multifamily homes, classified Medium Density Residential (MeDR) and zoned R-3, Multifamily Residential District; further south, right-of-way for NE 6th Avenue; East: Right-of-way for NE 1st street; farther east developed single-family homes, classified Medium Density Residential (MeDR) and zoned R-2 (Single-and Two-Family Residential District); West: Right-of-way for North Seacrest Boulevard, farther west single-family homes (Ocean Breeze West) classified Medium Density Residential (MeDR) and zoned R-3, Multifamily Residential District; on the northwest corner of NW 6th Avenue and North Seacrest Boulevard, a developed single-family home classified Low Density Residential (LDR) and zoned R-1 (Single-Family Residential District). BACKGROUND AND PROCESS The subject property, provisionally referred to as Ocean Breeze East, consists of two (2) Boynton Beach CRA-owned parcels in the Heart of Boynton District as designated by the 2016 CRA Community Redevelopment Plan (the CRA Plan). The site is an eastern portion of the former Boynton Terrace Apartments, a multifamily affordable housing project built in 1983 on both sides of Seacrest Boulevard and damaged by hurricanes in 2006. The 21 single-family home Ocean Breeze West development was recently completed on the western side of the Boulevard. The subject request is city-initiated, consistent with the procedural provisions of the Land Development Regulations (LDRs). Since 2015, LDRs allow the City to proactively initiate and process future land use reclassification and rezoning to planned zoning districts for selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. The request meets the latter condition as it will implement the recommendation of the CRA Plan. It explicitly meets criterion "b"—consistency with redevelopment plans—of the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the LDR, Chapter 2, Article II. Meeting criterion "b" is the minimum requirement for city- initiated applications. Lastly, the request represents the continuation of "house cleaning" tasks following major changes to the City's future land use/zoning structure as part of the implementation of 2 Page 23 of 79 Page 3 Ocean Breeze East REZN 18-002 the CRA Plan. EXPLANATION This request, if approved, would constitute the final action to bring the property in line with the Plan's recommendations. The previous actions executing the said recommendations and affecting the property included: • The July 18, 2017 adoption by the City Commission of the Comprehensive Plan text/ Future Land Use (FLU) map amendment package which implemented the modified FLU structure recommended by the CRA Plan. The package included the FLU amendment reclassifying the subject property from its previous Mixed Use category, which the Plan eliminated, to the new Mixed Use Medium category, per the area- specific FLU recommendations of the Plan. • The subsequent adoption, on September 19, 2017, of amendments to the Land Development Regulations (LDRs), codifying the new structure of the FLU categories and implementing the corresponding changes to zoning designations as recommended by the CRA Plan. The changes included reconfiguration of the FLU classification/zoning district scheme, establishment of new districts, redefining the maximum densities of some districts and minor changes to the districts' titles for consistency within the system. One of the new districts is the MU-2 (Mixed Use 2) District, requested for and now available for the subject property. The property's Mixed Use Medium future land use classification allows a maximum density of 50 dwelling units/acre; its two corresponding zoning designations, MU-2 and MU-3, have the respective maximum densities of 40 and 50 dwelling units/acre. The subject property's MU-L2 current zoning—with a maximum density of 30 dwelling units per acre—is part of the "old" structure and as such will be phased out. In addition to the Ocean Breeze East parcel, a few other properties which carry the MU-L2 designation will be subject to rezoning through the same process in the nearest future. The proposed MU-2 zoning district, otherwise essentially the same district as MU-L2, nevertheless allows for a significantly higher maximum density than the existing designation (40 versus 30 dwelling units/acre). Since the new zoning structure does not include a district with the same density cap, MU-L2 is the appropriate choice, consistent with the recommendations of the CRA Plan. CONCLUSION/RECOMMENDATION As indicated herein, the proposed rezoning finalizes the implementation of the recommendation of the CRA Community redevelopment Plan for the Ocean Breeze property. Therefore, staff recommends that the subject request be approved. 3 Page 24 of 79 Page 4 Ocean Breeze East REZN 18-002 S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East\Ocean Breeze East REZN 18-002\REZN 18-002 Ocean Breeze East Staff Report.doc 4 Page 25 of 79 EXHIBIT A OCEAN BREEZE EAST LOCATION MAP M1` t �$,11 tsF�t A+nu ni h � NE48t I � t ii } r Fr z r 1�Ft� W lD' ;0 i tr i� Alij }} IW M at r r� r } F t( Fs(rFsP) 4i}Fjrstit tEF 'ti �Fv F�S.it r - ` NW 6th�p►ve IF I 4! F.. t N E 5th Z r tS� stl� � 1 xt t N y , I N - 4 o zs so � n ��94fg9 EXHIBIT B OCEAN BREEZE EAST LOCATION MAP:REZONING -NE-8th-Ave s� NW 8th Ave ky {fi y 1 T y� T e N NE 7th Ave Z4N �tc. h E q IkQ 00 M d z NW-6th-Ave NE-6th-Ave G ' [LEGEND NE-5th-Ave R1A Single Family, 6 du/ac R1 Single Family, 7.7 du/ac R2 Duplex, 10 du/ac R3 Multi Family, 11 du/ac MU-2 Mixed Use 2, 40 du/ac PU Public Usage NVy 5th '4vle Downtown TOD District Boundary y N N - 4 0 25 50 11 rti�3�72� 7.C. New Business 11/28/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/28/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue/ Golf Road in the C-1 (Office Professional) zoning district. Applicant Cristine Thibodeau. EXPLANATION OF REQUEST: Cristine Thibodeau is seeking Conditional Use/ Major Site Plan Modification approval for the conversion of a one-story, 2,659 square foot office building to a day care facility for up to 43 children and related site improvements. The project consists of primarily interior renovations, with some improvements to landscaping and the addition of outdoor play apparatus. The site was last used as a counseling office, and before that it housed another day care operation (Miss Little's School) for many years. The property was recently re- landscaped as part of a Minor Site Plan Modification for the previous counseling office certificate of occupancy. The day care use is generally compatible with commercial uses adjacent to the site and with the abutting residential properties, with the buffering associated with the existing six(6) foot tall buffer wall and landscaping furthering the compatibility. The building would retain the outward appearance, with the same colors. Staff recommends that the subject request be approved. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole will be negligible, other than the associated permit fees and certificate of use fees. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 28 of 79 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Drawings Floor Plan D Drawings Landscape Plan D Drawings Building Elevations D Letter Applicant's Justifications D Conditions of Approval Conditions of Approval D Development Order Development Order Page 29 of 79 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-064 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: November 14, 2017 PROJECT NAME/NO: Soleil Early Learning Academy (COUS 18-001 / MSPM 18-001) REQUEST: Conditional Use and Major Site Plan Modification approval for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located in the C-1 (Office Professional) zoning district. PROJECT DESCRIPTION Property Owner: Sami Dagher Agent Cristine Thibodeau Location: 201 SW 231 Avenue / Golf Road (see Exhibit "A") Existing Land Use/Zoning: OC (Office Commercial) / C-1 (Office Professional) Proposed Land Use/Zoning: No change proposed Proposed Uses: Day care facility Acreage: 16,349 square feet/ 0.375-acre Adjacent Uses: North: Existing townhouse development (Ridge Point Woods Villas) with a Medium Density Residential (MeDR) future land use classification, and zoned Planned Unit Development (PUD); South: Right-of-way for SW 231 Avenue / Golf Road and farther south developed single family residences, with a Low Density Residential (LDR) future land use classification, and zoned Single- Family Residential (R-1-AA); Page 30 of 79 Soleil Early Learning Academy Staff Report COLIS 18-001 /MSPM 18-001 Page 2 East: Existing medical office (The Outpatient Center of Boynton Beach), with an Office Commercial (OC) future land use classification, and zoned Office Professional (C-1); and West: Existing townhouse development (Ridge Point Woods Villas) with a Medium Density Residential (MeDR) future land use classification, and zoned Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL Cristine Thibodeau is seeking Conditional Use / Major Site Plan Modification approval for the conversion of a one-story, 2,659 square foot office building to a day care facility for up to 43 children and related site improvements. The project consists of primarily interior renovations, with some improvements to landscaping and the addition of a outdoor play apparatus (see Exhibit "B"). As described in the Use Matrix of the Land Development Regulations (LDR), the day care is a "Conditional Use" within the C-1 (Office Professional) zoning district, and therefore requires Conditional Use approval, as well as Major Site Plan Modification approval for the exterior improvements. The site was last used as a counseling office and before that it housed another day care operation (Miss Little's School) for many years. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "C" —Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Page 31 of 79 Soleil Early Learning Academy Staff Report COLIS 18-001 /MSPM 18-001 Page 3 There are no proposed changes to the existing ingress and egress for the site, which currently provides one (1) point of ingress/egress to the proposed day care. The entrance driveway is from SW 1St Street, a short stub street extending the depth of the property from SW 23rd Avenue / Golf Road. The site currently shares the SW 1St Street access with the abutting medical office to the east (The Outpatient Center of Boynton Beach). Both the Fire Department and the Waste Removal Division reviewed access to the property and were satisfied. 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum parking required for day care uses is calculated at one (1) parking space per 300 square feet of gross floor area. Required parking is calculated to be nine (9) spaces total, based on the 2,659 square foot building. The site plan depicts nine (9) parking spaces immediately in front of the building. Child pick-up and drop-off will be sporadic through the morning and afternoon hours, as opposed to a school, which has set start and ending times. The operator envisions hours of operation beginning at 7 AM and closing at 6 PM Monday through Friday, with limited, on-demand after care until 7 PM and potentially some Saturday hours. Per Health Department requirements, parents are required to park and walk their child into the facility to sign them in and out, so there is no stacking of vehicles associated with a pick-up or drop-off line that typically occurs at public/private grade schools. The day care operator indicates that the property owner owns property diagonally across the street, which could be used by staff, should the need arise. The existing off-street parking should not generate any more noise or glare than any of the previous businesses operating from the site. Lastly, the outdoor play area at the rear of the building will be surrounded by a six (6) foot tall wall with landscape material to help reduce noise impacts on the nearest residential structures. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant indicates in their justification statement that they intend to utilize a couple rollout containers for trash purposes, which would be stored behind the opaque fence. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. The Waste Removal Division has reviewed this proposal and is satisfied. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The property was recently re-landscaped as part of a Minor Site Plan Modification for the previous counseling office certificate of occupancy. The Landscape Plan (Sheet L-1) depicts the landscape plantings along the west and north sides of the property where the outdoor play area and six (6) foot wall exists. Existing landscape material includes Dahoon Holly, Gumbo Limbo, Slash Pines and Pink Tabebuia trees, Sabal and Montgomery palms, Cocoplum, Florida Privet, Schefflera, Thryallis, Wax Jasmine and Firebush shrubs. The Page 32 of 79 Soleil Early Learning Academy Staff Report COLIS 18-001 /MSPM 18-001 Page 4 applicant further notes the existance of mature landscaping on both sides of the wall. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This is an existing/developed site including site lighting; no additional lighting is proposed. Relative to signage for the project, the applicant indicates that they are not proposing a monument sign at this time, only wall signage, which has not yet been designed. Any wall signage will be reviewed for compatibility and compliance with the City's sign code at time of permitting. 7. Required setbacks and other open spaces. The existing building meets or exceeds the minimum setback requirements of the C-1 zoning district, other than the existing non-conforming side setback to the north, partially mitigated by the six (6) foot tall buffer wall. No building additions are proposed with this application. Minimum setbacks are as follows: front (east) required 30' — 37.17' provided; rear (west) required 30' — provided 45; side (north) required 30' — provided 9.33"; and side corner (south, abutting SW 23rd Avenue /Golf Road) required 10' — provided 33.5'. 8. General compatibility with adjacent properties, and other property in the zoning district. The day care use is generally compatible with commercial uses adjacent to the site and with the abutting residential properties, with the existing buffering furthering the compatibility. The building would retain the outward appearance, with the same colors. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The day care is locating in an existing structure, with the ridgeline of the roof at approximately 13 feet in height, which is compatible with the structures on adjacent properties, and less than the maximum allowable height of 30' in the C-1 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The applicant indicates within their justification statement "the proposed use shouldn't have a negative impact on the surrounding neighbors". The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole will be negligible, other than the associated permit fees and certificate of use fees. The applicant further notes the proposed use should assist with the childcare demand in the area. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part lll, Chapter 4. Site Plan Review, of the City's Land Development Regulations. Relative to the City's water and sewer concurrency review, the City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been evidenced through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the Page 33 of 79 Soleil Early Learning Academy Staff Report COLIS 18-001 /MSPM 18-001 Page 5 expected demand for services. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate. With incorporation of staff comments noted within Exhibit "D" — Conditions of Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. This section of the regulations is intended to ensure land use compatibility through the review of conditional uses for potential external impacts including noise; vibrations; particulate matter; odor; toxic matter; fire and explosions; heat, humidity and glare; waste; and electromagnetic interference. The proposed project would not create smoke, odors, fumes, vibration, or toxic matter that would negatively impact the neighboring properties. As noted above, with the buffer wall and intervening landscaping, noise associated with operation should not be any more impactful than when the site previously operated as a day care business. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above- referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed business shall begin operations. Staff recommends that a period of 18 months be allowed to receive the necessary approvals. S:\Planning\SHARED\WP\PROJECTS\Soleil Early Learning Academy\COUS 18-001 MSPM 18-001\Staff Report.doc Page 34 of 79 EXHIBIT A LOCATION MAP of t 6 1 9 2�� S o�- 1}\ f�f{t A � s ,v N 0 1020 40Pa el� 0f 7 X3NNV':dO 7cl!401:i 'HOV3G NOINJ,OG xc^,cirosUx 3n Hz:)VEG w-vll=i.LGAM EnNEW�l PleZ 77G[OZ o co iNno:D 3�NVH:DX= 7-lS9Z 9MZ ON N3 NISX\G 17NOIS9�3o&d vloj�J0'li SC4 1�214)frl ,r G7ZHi :aiai no<r:nG lNt/Nqi 1,7' 9d a4 r 54 �W ;s'z & /w Af ,/,�,�........... Iii ii T E Rk, i5 'HG2G NOINIOG 'Hl�xlv� =-nN�AV-PJi�Z MS 10� iNno::)2-wHoxE v-i��ez 919G�ON�i23NION-�117NOqgg�� V] 8c4 01� wlvll=�192M SUA � o -77 rvry H T: wms mw -p do < 0 0 Z5 ........... L, 4 Al os nv mo vsi 41 2, mx Lf T F4 ffi Ell X3NNV':dO 7cl!401:i 'HOV39 NOINJ,OG xc^,cirosUx 3n Hz:)VEG w-vll=i.LGAM EnNEW�l PleZ 77G[OZ o co iNno:D 3-�NVH:DX= 7-lS9Z 9MZ ON N��NISX\G 17NOISS�io&�vloj�40'1� SC4 1�214)frl ,r G7ZHi :aiai no<r:nG lNt/Nqi 1,7' xx� < & E , > \ 04 s' mem LLGL-IVO-il;'G XaNN'V'=60 H�V39 NO.LN-,OG HO739 WIV,=i 19311 11N3^7'-PISZ: (ITS 10Z 3SINVH0X3 V-ICSZ 17 W-KZON NaaXrNa vojPJc% ;Noy inocmrG iNVN:;i 7' b- ............................. z o 0 `rte <> , P > Li w Jt It -i UJII z < 0 zLd �. w6j < I IL j L X LE w w wLLIP ... ................... FEW r. > Ld LLJ CD X IL Exhibit C Cristine Thibodeau Soleil Early Learning Academy Conditional Use application, Land Development regulations Questions#1-13 1. Proposed use does not create need to change Ingres and egress. 2. We are not proposing changes too street parking. 3. We are proposing to use roll out garbage bins and store them behind a 6ft privacy fence. 4. No new utilities are required. 5. The site already has existing mature landscaping. Landscaping will not be added. 6. No signs are being added,only a building business sign. Building sign information will be indicated on plans. 7. This is an existing building, required set backs are met 8. It is a use allowed by conditional use in that zoning district.The property has a 6ft masonry wall along the landscaping. 9. Existing structure with compatible surrounding development. 10. The proposed use shouldn't have a negative impact on the surrounding neighbors and will assist with the childcare demand. 11. N/A 12. The property is in compliance with the abatement of nuisances and hazards.The property has a 6ft masonry wall surrounding the property and an abundance of landscaping. 13. N/A Page 40 of 79 EXHIBIT "D" Conditions of Approval Project Name: Soleil Early Learning Academy File number: MSPM 18-001 / COUS 18-001 Reference: 31d review plans identified as a New Site Plan with a November 16, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: None, all previous comments addressed at DART Meeting. FIRE Comments: 1. Per the FFPC, a fire alarm will be required 101 16.3.4. POLICE Comments: None, all previous comments addressed at DART Meeting. BUILDING DIVISION Comments: 2. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. 402 ACCESSIBLE ROUTES 402.1 General. Accessible routes shall comply with 402. Please demonstrate compliance. 4. Comments provided are to assist with site conditional challenges. This is NOT a Plan Review nor shall it be construed to comply with the Florida Building Code. A complete set of plans will be required at time of permit application submittal. A complete Plan Review by all departments will be performed at that time. 5. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. Page 41 of 79 Soleil Early Learning Academy (MSPM 18-001/COUS 18-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 7. Plans depict the use of white vinyl or wood fence at the perimeter of the site. Perimeter fence is required to be decorative in nature, therefore remove any note referring to wood and utilize the vinyl fence. 8. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Soleil Early Learning Academy\MSPM 18-001/COUS 18-001\COA.doc Page 42 of 79 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Soleil Early Learning Academy (COUS 18-001 / MSPM 18-001) APPLICANT: Cristine Thibodeau APPLICANT'S ADDRESS: 2702 SW 8th Street, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 19, 2017 APPROVAL SOUGHT: Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18- 001) approval for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C-1 (Office Professional) zoning district. LOCATION OF PROPERTY: 201 SW 23rd Avenue/ Golf Road 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 "D" 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\Soleil Early Learning Academy\COUS 18-001/MSPM 18-001\DO.doc Page 43 of 79 7.D. New Business 11/28/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/28/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve High Ridge Country Club Major Site Plan Modification (MSPM 17-009) to construct a new one- story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REC) zoning district. Applicant: Donaldson Hearing, Cotleur& Hearing EXPLANATION OF REQUEST: Donaldson Hearing of Cotleur& Hearing, representing High Ridge Country Club, Inc., is proposing to construct a new one-story, 54,500 square foot clubhouse building and related site improvements. The existing clubhouse structure will be demolished upon completion of the new one. The placement of the clubhouse complies with the minimum setbacks of the REC zoning district, being located approximately 1,500 feet south of Hypoluxo Road, completely hidden from view on the 174-acre site, at the northern edge of the 18-hole private golf course. The proposed clubhouse floor plan indicates the building will contain a pro shop, locker rooms, card rooms, lounge, grill, library, ballroom, kitchen, and fitness room. The elevation drawings indicate the building is designed as a one (1)-story structure with a typical roof height of approximately 26 feet, including a cupola in the center of the structure at 45 feet in height, in compliance with the 45 foot maximum height allowed in the REC zoning district. According to the applicant, the design of the proposed building is "Island Classical" vernacular. Staff recommends that the subject request be approved. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with the permit costs. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 44 of 79 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Cover Sheet D Drawings Survey Sheets D Drawings Site Plan 1 D Drawings Site Plan 2 D Drawings Landscape Plan 1 D Drawings Landscape Plan 2 D Drawings Landscape Plan 3 D Drawings Landscape Plan 4 D Drawings Tree Management Plan 1 D Drawings Tree Management Plan 2 D Drawings Civil Plan 1 D Drawings Civil Plan 2 D Drawings Civil Plan 3 D Drawings Floor Plan D Drawings Building Elevations D Conditions of Approval Conditions of Approval D Development Order Development Order Page 45 of 79 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-063 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: November 7, 2017 PROJECT NAME/NO: High Ridge Country Club (MSPM 17-009) REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: High Ridge Country Club, Inc. Applicant: Donaldson Hearing, Cotleur& Hearing Location: 2400 Hypoluxo Road (see Exhibit "A"— Location Map) Existing Land Use: Recreational (R) Existing Zoning: Recreation (REC) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Request major site plan modification approval to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements. Acreage: 174-acres Adjacent Uses: North: Right-of-way of Hypoluxo Road, and farther north single-family and commercial structures located within Unincorporated Palm Beach County; South: Vacant land with a Low Density Residential (LDR) future land use classification, and zoned Single-Family Residential (R1-AA) , also owned by High Ridge Country Club, Inc., and farther south right-of-way of Miner Road; East: Vacant land with a Low Density Residential (LDR) future land use classification, Page 46 of 79 Staff Report—High Ridge Country Club (MSPM 17-009) Memorandum No PZ 17-063 Page 2 and zoned Single-Family Residential (R1-AA), also owned By High Ridge Country Club, Inc. Then, farther to the southeast developed residential properties and to the northeast an independent and assisted living complex, with a High Density Residential (HDR) future land use classification, and zoned Planned Unit Development (PUD); and West: Right-of-way of the Lake Worth Drainage District (LWDD E-4) Canal, and farther west are developed single-family residential and commercial properties within Unincorporated Palm Beach County. Site Details: The 174-acre site was developed as a private golf course/country club in 1980 along the east side of the LWDD E-4 Canal, immediately south of Hypoluxo Road and extending south to the north side of Miner Road. BACKGROUND Proposal: Donaldson Hearing of Cotleur& Hearing, representing High Ridge Country Club, Inc., is proposing to construct a new one-story, 54,500 square foot clubhouse building and related site improvements. The existing clubhouse structure will be demolished upon completion of the new one. ANALYSIS Concurrency: Traffic: A traffic concurrency approval letter will not be required as part of the project, as the new clubhouse is proposed to increase only 5,100 square feet over the existing and the membership is limited to the existing 265 members, therefore no increase in the number of daily trips is anticipated. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities,would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The site plan (Sheet SP3 of 4) depicts the retention of the single point of ingress/egress from Hypoluxo Road, without any changes. Along this north/south ingress/egress drive, the applicant is proposing the addition of a gatehouse approximately 250 feet south of Hypoluxo Road, for additional security for the members.At time of permit submittal, the applicant will provide greater detail of the Page 47 of 79 Staff Report—High Ridge Country Club (MSPM 17-009) Memorandum No PZ 17-063 Page 3 gatehouse operation. Circulation: Vehicular circulation includes two-way circulation throughout the parking lot, up to the one-way loop drive in front of the clubhouse for valet and golf club bag drop for those playing a round of golf. Parking: The site plan (Sheets SP2 of 4 and SP3 of 4) proposes the provision of 341 parking spaces. In 1988, the club received a parking variance from the 410 spaces required, to allow a reduction of 130 spaces, for a total of 280 parking spaces provided on site. As noted previously, the project involves approximately 5,100 square feet of additional enclosed floor area beyond the clubhouse it is replacing. The project adds 61 new parking spaces to the site, where only 27 would be required with the new square footage. As the country club is not proposing any increase in membership, the parking demand should not significantly alter. The applicant indicates that the existing 280 parking spaces has worked well for them and has been more than sufficient. Further, they indicate that 90% of the member utilize the valet service, and the added parking would service the occasional events, such as the New Year's Eve party and Annual Members meeting, where parking demand may be slightly higher than daily demand. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: _The applicant has submitted landscape plans (Sheets LP1 thru 4) utilizing the plant material and planting scheme already existing on site. The trees within the existing parking lot not affected by these proposed changes will remain. The applicant indicates that the intent of the landscape plan is to continue the existing Black Olive trees that line the entry drive throughout the redeveloped spaces, utilizing a large Banyan tree as the"key focal point"to the clubhouse for arrival by car.According to the applicant, "large Medjool Date Palms are proposed at the entrance to the clubhouse to provide a stately appearance and sense of arrival".The applicant also proposes to retain several mature Oak trees around the clubhouse. The applicant will attempt to relocate as many of the mature Oak trees within the construction area of the new building as feasible, and will mitigate those that cannot be relocated caliper inch for caliper inch. Additionally, the landscape plan depicts the use of Eagleston Holly, Live Oak, Black Olive and Yellow Tabebuia canopy trees and Medjool Date, Coconut, Sabal and Paurotis palm trees. Typical shrubs would include Cocoplum, Podocarpus, Pink Hibiscus, Ixora Nora Grant, Ligustrum, Glory Bush, Saw Palmetto, Dwarf Schefflera, Coontie, Fakahatchee Grass and Crinum Lily. The landscape code requires that 50% or more of the plant material be native species or low to medium water demand varieties. The vast majority of the plant materials on the site as a whole are designated as native or low water use, other than some of the colorful ornamental plantings proposed around the clubhouse. The pervious area of the 174-acre site totals 82.76%, with another 11.65% consisting of water bodies. Building and Site: The placement of the clubhouse complies with the minimum setbacks of the REC zoning district, being located approximately 1,500 feet south of Hypoluxo Road, completely hidden from view on the 174-acre site, at the northern edge of the 18- Page 48 of 79 Staff Report—High Ridge Country Club (MSPM 17-009) Memorandum No PZ 17-063 Page 4 hole private golf course. The proposed 54,500 square foot clubhouse floor plan (Sheet A-1) indicates the building will contain a pro shop, locker rooms, card rooms, lounge, grill, library, ballroom, kitchen, and fitness room. Building Height: The building elevations (Sheet A-2) indicate the building is designed as a one (1)- story structure with a typical roof height of approximately 26 feet, including a cupola in the center of the structure at 45 feet in height, in compliance with the 45 foot maximum height allowed in the REC zoning district. Design: According to the applicant, the design of the proposed building is"Island Classical' vernacular. The Materials and Color Legend on Sheets A-2 indicates the base of the building and selected columns will consist of cast stone, gray/beige in color "Pediment" — SW 7634, with the stucco walls painted an off-white color, "Toque White" — SW 7003, and white trim color, "Pure White" — SW 7005. The roof will consist of flat concrete tiles (Entegra Roof Tile Plantation), gray in color to provide a slate look. Public Art: Based upon Ordinance 16-002, remodeling, repair, reconstruction, or additions to existing amenities, such as clubhouses in private developments, are exempt from the Art in Public Places requirements. The Public Art Administrator has confirmed the project is exempt. Site Lighting: The photometric plans (Sheets E0.1 thru E0.6) depict a total of 52 freestanding pole lights in the parking lot, internal drives, and around the clubhouse. The black LED light fixtures would be placed upon black aluminum poles at heights of 15 feet and 20 feet. There are also bollard lights at various locations at 3.5 feet in height. All lighting would conform to the code maximum allowance of 5.9 foot-candles of illumination. Signage: No new signage is contemplated as part of this project. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for major site plan modification approval and recommends approval contingent upon 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\High Ridge Country Club\MSPM 17-009\Staff Report.doc Page 49 of 79 � ' �1 'fi �"'�'kik�*r; ;, _� v"�, � € �t�s.' 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I l ..ill o a o 0 d o H R p 6r G 00 - -------------------------- '�✓o U 00 LEI ® ® I ® ® I r — 4, d O ® ry ® O 4, m 0 rit ------ ------ ------ -----a III 11-1vZIN�J:-N b-'-a A'd 7 �F tx� it IIS Q If 15 tj t IN IBM .]From P4 44 Ara ISI AWN MIA "Jk j > O PT4 fp 2-�AN P14 z -AIM -0, at' P4 ttk 13-d EXHIBIT "C" Conditions of Approval Project Name: High Ridge Country Club File number: MSPM 17-009 Reference: 2nd review plans identified as a Maior Site Plan Modification with a October 17, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: None, all previous comments addressed at DART meeting. FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 2. On the Photometric Plan, please provide details of the fixtures and poles, including size, color, materials, etc. 3. Please place a note on the drawing that any downspouts must be internal to the building or encased within architectural elements, per Chapter 4, Article III, Section 3.H. Page 71 of 79 High Ridge Country Club (MSPM 17-009) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 4. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\High Ridge Country Club\MSPM 17-009\COA.doc Page 72 of 79 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Country Club (MSPM 17-009) APPLICANT: Donaldson Hearing, Cotleur & Hearing APPLICANT'S ADDRESS: 1934 Commerce Lane, Suite 1, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 19, 2017 APPROVAL SOUGHT: Major site plan modification (MSPM 17-009) approval to construct a new one- story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REC) zoning district. LOCATION OF PROPERTY: 2400 Hypoluxo Road 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\High Ridge Country Club\MSPM 17-009\DO.doc Page 73 of 79 7.E. New Business 11/28/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 11/28/2017 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Front Porch Setbacks (CDRV 17-008) -Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to increase the magnitude of encroachment of front porches into the building setbacks. EXPLANATION OF REQUEST: The City's Supplemental Zoning Regulations include provisions for the encroachment of certain building elements into building setbacks such as awnings, patios, and steps. In applying these standards to a front porch, an uncovered porch less than one foot in height is only subject to a setback of two feet from the property line (a 2-foot setback). However, a porch roof can only encroach into the setback of the principal structure by 3 feet (equivalent to a 22-foot setback). Staff proposes that the Zoning Regulations be amended to allow encroachment of a porch roof and support posts by 10 feet, in lieu of the current standard of a three- (3)foot encroachment. Staff also proposes a minimum setback for porch roofs and support posts of 15 feet, to address the circumstance whereby the front setback of the principal structure is less than the minimum setback of 25 feet. A summary of the proposed amendment is as follows: • Unenclosed porches (roof&supports posts) may extend into the front building setback by 10 feet; • The front setback for the porch roof and support posts would not be less than 15 feet; and • Porch steps may encroach an additional 4 feet into the front setback. Although staff has previously contemplated the benefit of allowing greater setback flexibility for covered front porches, to promote the appearance and livability factors associated with the New Urbanism movement, this topic has been recently prompted by a dilemma reported within a Leisureville community. Staff understands that many homes were built with a standard-sized patio that cannot be roofed with perimeter support posts due to the dimension of the slab and minimum front setback. In some instances the support posts have been recessed to meet the building setback, which places them in an obstructive location on the porch thereby reducing porch area. Staff researched the standards of other cities and counties to find several of the codes that promote neo- traditional design concepts have special provisions for front porches. Such provisions encourage the presence and practical design of front porches, as well as the placement of front porches to be the focal point instead of a garage door. Staff proposes these code amendments to add flexibility in home design and construction, to increase the quality of living in residential buildings and neighborhoods, and to resolve the current situation within the Leisureville community. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A Page 74 of 79 ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report and Code Excerpt Page 75 of 79 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-067 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: November 9, 2017 RE: Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to increase the magnitude of encroachment of front porches into the building setbacks. EXPLANATION Development in the City is subject to various building and site regulations including, in part, density, lot area and frontage, minimum living area, maximum lot coverage and setbacks. The minimum front setback for a single- and two-family house is 25 feet, and the minimum side setback is typically 7 '/2 feet or 10 feet. The City's Supplemental Zoning Regulations include provisions for the encroachment of certain building elements into building setbacks such as awnings, eaves, canopies, chimneys, unenclosed staircases and patios, decks and steps. Such elements may encroach into the minimum building setback a maximum of three (3)feet, and decks, patios, steps, stoops, and terraces that are one (1)foot or less above grade may extend up to 2 feet from the property boundary (i.e. a minimum 2 foot setback). These and other elements granted special encroachment provisions are indicated in Attachment"A", which is from the Land Development Regulations, Chapter 3, Article 4, Section 3.A (see Attachment"A"). In applying these standards to a front porch, an uncovered deck that is less than one foot in height above grade is only subject to a setback of two feet from the property line (a 2-foot setback). However, a porch roof can only encroach into the setback of the principal structure by 3 feet (equivalent to a 22-foot setback). Also note that any support posts for a porch roof must meet the minimum building setback of 25 feet. With the average house built at the minimum front setback, in most cases, the Zoning Regulations preclude the ability to subsequently add or expand a front porch. Although staff has previously contemplated the benefit of allowing greater setback flexibility for covered front porches, to promote the appearance and livability factors associated with the New Urbanism movement, this topic has been recently prompted by a dilemma reported within a Leisureville community. From the information provided by representatives from Palm Beach Leisureville, many homes were built with a standard-sized patio that cannot be roofed with perimeter support posts due to the dimension of the slab and minimum front setback. In some instances the support posts have been recessed to meet the building setback, which places them in an obstructive Page 76 of 79 Front Porch Setbacks(CDRV 17-008) Memo PZ No.17-067 location on the porch thereby reducing porch area. Given the temperature and other weather characteristics of S. Florida, it is understandable the benefit of having a roofed porch. Although there are likely alternatives to covering such porches while satisfying the zoning regulations, staff concludes that a minor reduction in the setabacks applicable to front porches will promote the livability of the residential environment and increase flexibility in building design, while retaining the integrity of the City's Zoning Regulations. PROPOSED AMENDMENT Staff has not examined other Leisureville communities or developments in the City for the magnitude of this circumstance; however, staff concludes that a minimal increase in the encroachment into the front setback for front porch additions or expansions would not jeopardize the quality or intent of the City's Zoning Regulations. Staff proposes that the Zoning Regulations be amended to allow encroachment of a roof and/or roof support posts for a front porch by 10 feet, in lieu of the current standard of a three- (3)foot encroachment of the roof and no encroachment allowed for the support posts. Staff will also include in the ultimate wording a standard to address the circumstance whereby the original home has a non- conforming front building setback, to prevent unsightly or unsafe conditions created by a front porch being allowed too close to the abutting street. A summary of the proposed amendment is as follows: • Unenclosed porches (roof& supports posts) may extend into the front building setback by 10 feet; • The front setback for the porch roof and support posts would not be less than 15 feet; and • Porch steps may encroach an additional 4 feet into the front setback. Most of the regulations viewed during staffs research have adopted a similar minor (i.e. 3 foot) encroachment of a porch roof into the front setback. However, several examples were identified that allow more accommodating encroachments including the following: • Tarpon Springs—Up to 10 feet into the front setback; • Orlando—Up to 6 feet into the setback; • Pasadena—Up to 10 feet into front setback, but no closer than 15 feet from property line; • Cincinnati—Up to 9 feet into front setbacks including porch steps; • Knoxville—Not to exceed 6 feet into front setback; • Lower Merion Township (Pennsylvania) — Up to 10 feet but a minimum 5-foot setback; and most notably, • Miami (Miami 21 Zoning Code)—Up to 15 feet into front setback. The Miami 21Form-Based Code is emphasized above as it is an award-winning document representing a complete modernization of Miami's zoning and land development regulations adopted in 2010 based on the SmartCode and transect planning model. Guided by the tenets of New Urbanism and Smart Growth principles it emphasizes, in part, human scale and livability so it represents a -2 - Page 77 of 79 Front Porch Setbacks(CDRV 17-008) Memo PZ No.17-067 reputable and modern code to consider when evaluating our regulations. Similar to a few other of the supportive examples listed above, the design encouraged by such setback provisions is intended to promote New Urbanism styles which includes the traditional front porch being the focal point of a house rather than a garage door. While staff acknowledges that the Leisureville housing product is not what was envisioned by the "timeless" architecture promoted by traditional neighborhood design concepts, and that traditional design is not accomplished by the simple addition of a prominent front porch, accommodating more comfortable human activity in the urban setting is part of the overall intent of the such current urban design theory. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to add flexibility in home design and construction, to increase the quality of living in residential buildings and neighborhoods, and to resolve the current situation within the Leisureville community. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-008\Staff Report.doc -3 - Page 78 of 79 Front Porch Setbacks(CDRV 17-008) Memo PZ No.17-067 ATTACHMENT "A" Land Development Regulations, Chapter 3, Article V, Section 3.A: Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences. Common building appurtenances, freestanding structures, and site amenities (excluding walls and fences) shall be allowed in all zoning districts within all required yard setbacks unless specifically stated otherwise as contained herein. In all instances, the aforementioned shall not abridge any easement rights without express written consent from the affected utility company or governing entity having jurisdiction over such easement. Any proposed building appurtenance, freestanding structure, or site amenity that decreases the permeable land area in excess of eight hundred (800) square feet on any given parcel shall be reviewed for compliance with the drainage standards of Chapter 4, Article VIII, Section 3.G and the Engineering Design Handbook and Construction Standards. This review requires the submittal of a drainage plan prepared by a licensed professional engineer based on the design standards referenced above. No building appurtenance, structure, or site amenity shall be installed, erected, or constructed prior to the construction of the principal building unless otherwise contained herein. A. Building Appurtenances. The following regulations shall apply, where applicable: 1. Architectural Features. Eaves, cornices, gutters,facia boards, copings, soffits, downspouts, belt courses, window sills, window and/or door trim, applied finish materials, roof and/or equipment vents, sillcocks, fire hose connections, meters, sand boxes, light fixtures, hardware, bay windows, balconies, dripcaps, telephone and cable boxes, electrical risers and outlets, window boxes, thermometers, handrails, condensate drains, shower heads and ornamental architectural features shall not extend, protrude, project, or overhang into any required yard setback by more than three (3)feet. 2. Awnings, Canopies, and Shutters. Awnings, canopies, and shutters (storm or decorative) shall not protrude into any required yard setback by more than three (3)feet; however, no setback adjacent to a right-of-way shall be required where located in the Urban Commercial District Overlay Zone (UCDOZ) or any "urban" mixed use district. In these instances, awnings, canopies, and shutters may extend into an abutting right-of-way, contingent upon the approval of the entity having jurisdiction over the right-of-way. The owner shall obtain all necessary approvals and permits where awnings, canopies, and shutters protrude into a public right-of-way and must be moved or removed immediately upon request of the city or entity having jurisdiction over such right- of-way. 3. Chimneys. Chimneys shall not protrude into any required yard setback by more than 3 feet. B. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed and Uncovered). Unless otherwise regulated by a master plan or site plan for a planned development, unenclosed and uncovered decks, patios, steps, stoops, and terraces less than or equal to one (])foot in height shall be setback at least two (2)feet from any property line. Those with heights greater than one (])foot but less than or equal to three (3)feet shall be setback at least three (3)feet from any property line. The aforementioned setbacks may be further reduced, but only in connection with a swimming pool as provided for in accordance with Section 3.D. below. In both instances, however, they shall be maintained and drained so as to prevent nuisance conditions to the public and/or abutting property owners. Decks, patios, steps, stoops, and terraces greater than three (3)feet in height shall comply with the minimum setbacks required for the principal building. Driveways for residential off-street parking areas shall be regulated in accordance with Chapter 4, Article V, Section 2.B. -4 - Page 79 of 79