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Agenda 09-25-18 CITY OF BOYNTON BEACH 4 PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, September 25, 2018 TIME: 6:30 PM PLACE: Intracoastal Park Clubhouse 2240 N. Federal Highway 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 5. Communications and Announcements: Report from Staff 6. Old Business 6.A. Approve Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15-foot wide alley running east / west from Seacrest Boulevard to NE 1st Street, between NE 4th Avenue and NE 5th Avenue. Applicant: Michael Simon, CRA Executive Director. 7. New Business 7.A. Approve NE 1st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/ west from NE 1St Street, for a distance of approximately 447.09 feet, towards Seacrest Boulevard. Applicant: City of Boynton Beach 7.B. Approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18- 006 / MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Edward Ploski, Corporate Property Services, Inc. 7.C. Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-001)from Office Commercial (OC) to Mixed Use Low(MXL). Applicant: Exsorro One, Inc. Approve 1320 S. Federal Highway Rezoning (LUAR 18-001) from C-1, Office Professional to MU-1, Mixed Use 1. Applicant: Exsorro One, Inc. 7.D. Approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements. Applicant: Exsorro One, I nc. 7.E. Approve 1320 S. Federal Hwy. Office Building Height Exception (HTEX 18-001) to construct an office building in a MU-1 (Mixed Use 1) zoning district with architectural features up to 54'-10" in height, 9'-10" above the maximum allowable height. Applicant: Exsorro One, I nc. 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If Page 1 of 95 no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk of her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Page 2 of 95 6.6.A. Old Business 9/25/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/25/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15-foot wide alley running east/west from Seacrest Boulevard to NE 1st Street, between NE 4th Avenue and NE 5th Avenue. Applicant: Michael Simon, CRA Executive Director. EXPLANATION OF REQUEST: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon the unimproved 15-foot wide alley right-of-way (ABAN 18-001) running east/west from Seacrest Boulevard to NE 1St Street, between NE 4th Avenue and NE 5th Avenue. The CRA is requesting the abandonment as the majority property owner abutting the alley, in preparation for a potential redevelopment project, commonly referred to as the Cottage District. Staff has reviewed the request and recommends approval, subject to the attached Conditions of Approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Abandonment of the alley reduces the City's maintenance responsibility associated with the unimproved alley, and places the land on the tax roll. FISCAL IMPACT: The abandoned alley will be placed on the tax roll. 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 3of95 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Sketch & Legal Description D Conditions of Approval Conditions of Approval D Development Order Development Order Page 4 of 95 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-048 TO: Chair and Members Planning & Development Board FROM: Ed Breese Planning & Zoning Administrator DATE: August 2, 2018 SUBJECT: Request for abandonment of the unimproved 15-foot wide alley running east / west from Seacrest Boulevard to NE 1St Street, between NE 41h and 51h Avenues(ABAN 18-001).Applicant: Michael Simon, CRA Executive Director. NATURE OF REQUEST Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon the unimproved 15-foot wide alley right-of-way (ABAN 18-001) running east/west from Seacrest Boulevard to NE 1 st Street, between NE 4th and 5th Avenues(see Exhibit"A"—Location Map). The CRA is requesting the abandonment as the majority property owner abutting the alley, in preparation for a potential redevelopment project, commonly referred to as the Cottage District. For greater detail of the abandonment request, please refer to Exhibit"B"— Legal Description & Sketch. The following is a description of the zoning districts and land uses of the properties that surround the subject alley abandonment request: North: Vacant residentially-zoned property, other than parking lot for the Treasure Chest Daycare along Seacrest Boulevard, all zoned R-2 (Duplex); South: Residential structures immediately abutting Seacrest Boulevard on the west, with vacant parcels along the rest of the alley, all the way to NE 1 st Street, all zoned R-2 (Duplex); East: Right-of-way for NE 1St Street, and father east residential properties, zoned R-2 (Duplex); and West: Right-of-way for Seacrest Boulevard, then fartherwest residential properties, zoned R-1 (Single-Family Residential). BACKGROUND The applicant is requesting to abandon the unimproved 15-foot wide alley running east/west from Seacrest Boulevard to NE 1 st Street, between NE 4th and 5th Avenues. The CRA has been acquiring Page 5of95 Page 2 Memorandum No. PZ 18-048 ABAN 18-001 properties in the block in an effort to assemble a sizeable parcel for residential redevelopment purposes and to create additional housing opportunities for area residents. Typically,when a right-of-way, such as this unimproved alley, is abandoned, the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State Statute. There are usually property owners on each side which would be affected by an abandonment request, and as a result one-half of the right-of-way is conveyed to those abutting one (1) side and the other half is conveyed to those abutting the other side. However, in this instance, the 15-foot wide alley lies between two separate platted subdivisions, and the alley was dedicated solely by the plat on the south side (Shepard Addition to Boynton). As a result, and per State Statute, the entire 15 feet would be retained within the dedicating platted subdivision (Shepard Addition to Boynton) and therefore only rest with the property owners to the south side of the alley only, which consists of the CRA, and a parcel owned by 500 Ocean Properties LLC along the east side of Seacrest Boulevard. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. AT & T No objection. Florida Public Utilities No objection. Comcast No objection. Crown Castle Fiber No objection. Fibernet Direct No objection. Level 3 No objection. Sprint No objection. Hotwire No objection. Strome Networks No objection. Windstream No objection. PBC Traffic Engineering No objection. Page 6 of 95 Page 3 Memorandum No. PZ 18-048 ABAN 18-001 RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject alley no longer serves a public purpose and can be replaced with just a utility easement to provide access to service the FPL power poles, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CRAABAN 18-001 (Cottage District)WBAN 18-001\Staff Report.doc Page 7 of 95 Exhibit A LOCATION MAP { Mail I ti E` �S 3 ' a „t k d 1 A4t a._ t �t �� fl V 11 I l S{l{� NE G N 0 20 40 p 8 0*4 SKETCH & DESCRIPTION : ALLEY ABANDONMENT SHEPARD ADDITION TO BOYNTON(PLAT BOOK 2, PAGE 59, P, .C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA LAND DESCRIPTION: The north 7.5 feet of that 15 foot Alley lying between the north line of Block 3, as shown on the plat, SHEPARD ADDITION TO BOYNTON, according to the plat thereof, as recorded in Plat Book 2, Page 59, of the Public Records of Palm Beach County, Florida and the south line of Block 1, SUNNY—SIDE ESTATES, according to the plat thereof, as recorded in Plat Book 26, Page 16, of the Public Records of Palm Beach County, Florida, bounded as follows: Bounded on the east by the southerly extension of the east line of Lot 8, BLOCK 1, of said SUNNY—SIDE ESTATES; bounded on the south by the centerline of said 15 foot Alley; bounded on the west by the east right—of—way of Seacrest Boulevard as laid out and currently in use; and bounded on the north by the north line of said 15 foot Alley, also being the south line of said Block 1, SUNNY—SIDE ESTATES. TOGETHER WITH: The south 7.5 feet of that 15 foot Alley lying between the north line of Block 3, as shown on the plat, SHEPARD ADDITION TO BOYNTON, according to the plat thereof, as recorded in Plat Book 2, Page 59, of the Public Records of Palm Beach County, Florida and the south line of Block 1, SUNNY—SIDE ESTATES, according to the plat thereof, as recorded in Plat Book 26, Page 16, of the Public Records of Palm Beach County, Florida, bounded as follows: Bounded on the east by the northerly extension of the east line of Lot 1, BLOCK 3, of said SHEPARD ADDITION TO BOYNTON; bounded on the south by the south line of said 15 foot Alley, also being the north line of Block 3 of said SHEPARD ADDITION TO BOYNTON; bounded on the west by the east right—of—way of Seacrest Boulevard as laid out and currently in use; and bounded on the north by the centerline of said 15 foot Alley. Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. REVISIONS AVIROM &ASSOCIATES, INC. JOB#: 10105-2 ®M&ASS® SURVEYING & MAPPING SCALE: NIA qA 50 S:W. 2nd AVENUE, SUITE 902 DATE: 0811312018 y BOCA RATON, FLORIDA 33432 BY: M.M.K. (561)392-2594 I www.AVIROMSURVEY.com CHECKED: M.D.A. �sT'1$LISHED 1Sa1 ©2018 AVIROM&ASSOCIATES,INC.all lights reserved. F.B. NIA PG. NIA This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEE age SKETCH & DESCRIPTION FOR: ALLEY ABANDONMENT SHEPARD ADDITION TO BOYNTON(PLAT BOOK 2, PAGE 59, P.B.C.R.) CITY OF BOYNTON BEACH,PALM BEACH COUNTY, FLORIDA SURVEYOR'S NOTES.- 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was, compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: � = Centerline; L.B. = Licensed Business; N/A = Not Applicable; P = Per Record Plat; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.L.S. = Professional Land Surveyor; P.S.M. = Professional Surveyor & Mapper; R/W Right—of—Way. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction, I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Date: MARISHA M. KREITMAN, P.S.M. Florida Registration No. 6555 AVIROM & ASSOCIATES, INC. L.B. No. 3300 EMAIL: marisha@aviromsurvey.com REVISIONS AVIROM &ASSOCIATES, INC. JOB#: 10105-2 S.ASSO SURVEYING & MAPPING SCALE: NIA 0 50 S.W. 2nd AVENUE, SUITE 102 DATE: 08/1312018 BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEYcom CHECKED: M.D.A. FsrABLISH5D I' Q2018 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. N/A PG. NIA This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. I SHEET:Page2ig"95 SKETCH & DESCRIPTION FOR: ALLEY ABANDONMENT SHEPARD ADDITION TO BOYNTON (PLAT BOOK 2, PAGE 59,P'-B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AIII--� Ono., AMEMW SEACREST BOULEVARD NORTH 80' R/W (ROAD P.B. 5/179-183)-1------------------------------- 15' R/W (P.B. 2/59, P.B.C.R.)-1 EAST R/W OF SEACREST BOULEVARD 0 0 > 4 cc ALLEY ABANDONMENT F— r— 0 M A PORTION OF NORTH 7.5' 0 & SOUTH 7.5' OF 15' ALLEY CB P 59 2 B P ( . . / , . . LOT 5 R,) 0 0 NORTH LINE---, ---- BLOCK 3 Cn z i �0 �-D > r- 0 im I iz� i Fn , LOT 4 M 0 M i (j) P 21 Cn 1 0, C= 0 --d SOUTH LINE---_ I M 1� . = N) V) =r I 0 co BLOCK 1 f: r- i Ci T > CD 0 ---1 q M >< M1 M M rj �D M 0 7\- z SOUTH 7.5' M n Z ('0 0 C M M C: 0 n M M M - E -0 OF 15 ALLEY h M LOT 3 7�1 1 i 0 0 N) I > C3 (D 0') ::E M Cj U) 0 0 F— T] 0 Cj i 0 NORTH 7.5' co 0 h OF 15' ALLEY M LOT 2 o I r 0 LOT 1 F-- CID EAST LINE OF LOT 1 -------- -- ------R.E. 1 ii STREET ----------- 15' R/W (P.B. 2/59, P.B.C.R.) EAST LINE OF LOT 8 NORTHERLY EXTENSION OF EAST LINE OF LOT 1 SOUTHERLY EXTENSION OF EAST LINE OF LOT 8 REVISIONS A VIROM &ASSOCIATES, INC. JOB#: 10105-2 Assad SURVEYING & MAPPING SCALE: 1"=100' 050 S.W 2nd AVENUE, SUITE 102 DATE: 08/13/2018 co BOCA RATON, FLORIDA 33432 BY: M.M.K. 1)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A. Ry+rgBt/SHED y9a1 @2018 AVIROM&ASSOCIATES,INC.all tights reserved. F.B. NIA PG. NIA This sketch is the property of A VIROM&ASSOCIATES,INC. and should not be reproduced orcopied without written permission. , SHEEPage It—fTi95-- EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: CRA Abandonment (Cottage District) File number: ABAN 18-001 Reference: 1St review plans identified as an Abandonment with a July 2, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of a building permit. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 12 of 95 CRA Abandonment—Cottage District (ABAN 18-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-001 (Cottage District)WBAN 18-001\COA.doc Page 13 of 95 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: CRA Abandonment—Cottage District (ABAN 18-001) APPLICANT: Michael Simon, Executive Director Boynton Beach CRA APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2018 APPROVAL SOUGHT: Request for abandonment of the unimproved 15-foot wide alley running east / west from Seacrest Boulevard to NE 1st Street, between NE 4th and 5th Avenues (ABAN 18-001). LOCATION OF PROPERTY: Alley running east / west from Seacrest Boulevard to NE 1st Street, between NE 4th and 5th Avenues. 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\CRA ABAN 18-001 (Cottage District)WBAN 18-001\DO.doc Page 14 of 95 7.7.A. New Business 9/25/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/25/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve NE 1st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/west from NE 1St Street, for a distance of approximately 447.09 feet, towards Seacrest Boulevard. Applicant: City of Boynton Beach EXPLANATION OF REQUEST: Request for abandonment of the improved 45 foot wide right-of-way running east/west from NE 1St Street, for a distance of approximately 447.09 feet, towards Seacrest Boulevard (ABAN 18-003). See accompanying staff report and attachments for additional explanation of this Town Square-related application. Applicant: City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The abandonment of NE 1 Avenue will allow ultimate development of such property and a portion of said property to be added to the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 15 of 95 ATTACHMENTS: Type Description D Staff Report Staff Report (ABAN 18-003) D Location Map Exhibit A- Location Map D Drawings Exhibit B - Legal Description & Survey D Letter Exhibit B.1-Applicant Responce to Crieria D Conditions of Approval Exhibit C - Conditions of Approval Page 16 of 95 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-071 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Development Director DATE: September 19, 2018 SUBJECT: Request for abandonment of the improved 45 footwide right-of-way of NE 1St Avenue running east / west from NE 1St Street, for a distance of approximately 447.09 feet, towards Seacrest Boulevard (ABAN 18-003). Applicant: City of Boynton Beach. BACKGROUND The City of Boynton Beach is requesting to abandon (ABAN 18-003) the improved 45-foot wide right-of-way of NE 1St Avenue extending east / west from NE 1st Street, for a distance of approximately 447.09 feet,towards Seacrest Boulevard (see Exhibit"A"—Location Map).The City is requesting the abandonment in preparation to implement the Town Square Master Plan (LUAR 17- 005). For greater detail of the abandonment request, please refer to Exhibit"B"—Legal Description & Sketch. The abandoned land will be transferred in equal portions to the abutting property owner(s)per State Statute. In this case, the City owns the properties on either side of the abandonment area so the property will be conveyed to the City until such time that the land is platted,conveyed and developed for further implementation of the Town Square Master Plan. The following is a description of the zoning districts and land uses of the properties that surround the subject alley abandonment request: North: Portion of the approved Town Square Master Plan with a Land Use classification of Mixed Use Medium and a zoning designation of MU-3(Mixed Use 3); South: Portion of the approved Town Square Master Plan with a Land Use classification of Mixed Use Medium and a zoning designation of MU-3(Mixed Use 3); East: Right-of-way for NE 1St Street, then farther east developed multifamily with a Land Use classification of Medium Density Residential (MDR) and a zoning designation of R-3 (Multi family) West: Right-of-way for Seacrest Boulevard, then farther west a developed church and multi family with a Land Use classification of Medium Density Residential (MDR) and a zoning designation of R-3 (Multi family) Page 17 of 95 Page 2 Memorandum No. PZ 18-071 ABAN 18-003 ANALYSIS Owners of properties within 400 feet of the subject site will be mailed a notice of this request and signs posted for the Board hearing and the second reading of the corresponding ordinance and its respective hearing dates. The applicant has certified thatthey posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the provision of the necessary easements for the existing or future utilities. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. AT&T No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. Florida Public Utilities No response received as of the date of this report. Comcast No response received as of the date of this report. Crown Castle Fiber No response received as of the date of this report. Fibernet Direct: No response received as of the date of this report. Level 3 No response received as of the date of this report. Sprint No response received as of the date of this report. Hotwire No response received as of the date of this report. Strome Networks No response received as of the date of this report. Windstream No response received as of the date of this report. PBC Traffic Engineering No response received as of the date of this report. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject alley no longer serves a public purpose other than retention of a utility easement to service City utilities, AT&T and FPL facilities, if warranted and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit"C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\NE 1st AvenueABAN 18-003\—Staff ReportABAN 18-003.doc Page 18 of 95 LOCATION MAP PROPOSED ABANDONMENT OF A SEGMENT OF NE 1ST AVENUE {{��t , g F„ a i x " FS 1 F. s PROPOSED ABANDONMENT OEMF� n1, 1, I�I ail �I I i Oceans Ncl gm j Page 19 of 95 EXHIBIT vvBvv 40' (RPB 1) BOYNTON CENTER (P.B. 8, PG. 12, P.B.C.R.) LOT 25 LOT 24 LOT 23 LOT 22 LOT 21 LOT 20 (P2) (P2) (P2) (P2) (P2) (P2) 0 SOUTH LINE OF LOTS 2 AND 16-22 LL- LU NORTH RIGHT OF WAY (P2) 0 LINE OF NE 1ST ST (P2) z Uj N 89' 44! 11" E > 'j 446.27' � -j D V) NE 1ST AVENUE N 00* 20' 03" W 45' (n 0 < q 2) IIAj M 45.00 (P Ld [- Z (FORMERLY KNOWN AS POINCIANNA C/) �� STREET) w CD CONTAINING Of z 20,100 SQUARE FE Lj S 89* 44� 11' W 447.09' z (n -J N 45 00* C 03- 11 .00 Z W 0' 0 C5 P 2) Ol 001TAI CONTAINING 0,10C SOU T .2=ARE FEE SOUTH RIGHT OF WAY 0 [NORTH LINE OF LOTS LINE OF NE 1ST AVE 1-5, BLOCK 14 (Pi) (Pi) LOT 6 LOT 5 LOT 4 40' BLOCK 14 BLOCK 14 BLOCK 14 (RPB 1) (PI) (PI) (PI) EAST RIGHT OF WAY LINE OF SEACREST BLVD SAWYER'S ADDITION (RPB 1) (P.B. I PG. 69, P.B.C.R.) 50' 25' 0 50' GRAPHIC SCALE IN FEET SCALE: 1 50' Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"= 50' DATE: 08/29/18 Phone: 561 753-0650 Fax: 561 753-0290 HK: DAB JOB#18-056 SD 1 SHEET:5 OF 5 age of 95 BOYNTON CENTER LOT 3 (P.B. 8, PG. 12, P.B.C.R.) (P2) 25' (P2) BASIS OF BEARINGS LOT 19 LOT 18 LOT 17 LOT 16 EAST LINE OF LOT 2 U.3 (P2) (P2) (P2) (P2) (P2) NORTH RIGHT OF WAY LOT 2 LINE OF NE 1ST ST (P2) (P2) 0- IL SOUTH LINE OF LOTS POINT OF BEGINNING LU SOUTHEAST CORNER OF LOT 2, 2 AND 16-22 BLOCK 13, BOYNTON CENTER So TH 0 L 2 - F I N E AN E 0 1 6 S LOTS 0 P P 2 T 2 2 S 2 T I (P2) N 89' 4-4' 11" E 446.27' (P.B. 8, PG. 12, P.B.C.R. Uj Ld 3: rz 45' 45- JE (P S 01* 22' 45' 45.0 0 Lj (P2) NE 1ST AVENUE 45.01' < _ Ld (FORMERLY KNOWN AS POINCIANNA STREET) SOUTHERLY EXTENSION 3: CONTAINING OF THE EAST LINE OF 0 20,100 1 00 SQUARE T z� z 0,100 SQUARE FEET LOT 2 �P2� Ld z -j S 89- 44' 11 W 447.09' NORTH LINE OF LOTS SOUTH RIGHT OF WAY 1-5, BLOCK 14 LINE OF NE IST AVE 0 m (Pl) (Pl) L. 20' LOT 3 LOT 2 LOT I (Pl) 0 BLOCK 14 BLOCK 14 BLOCK 14 __j (Pl) (Pl) (PI) PLAT OF SAWYER'S ADDITION 0 __j (P.B. 1, PG. 69, P.B.C.R.) 50' 25' 50' GRAPHIC SCALE IN FEET SCALE: 1 " = 50' 2 5 0 50' GRAPHIC SCALE IN FEET P C I C � 1 � � 5 0 SCALE:- Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION 3 Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH 460 Business Park Way * Suite B 1 50 DATE: 08/29/18 Royal Pa-I.m. -Beach, Florida- 3-3.4. 11 1 DRAWN: MT SCALE: 1"= 50' Phone: 561 753-0650 Fax: 561 753-0290 CHK: DAB J08#18-056 SD 1 SHEET:4 OF 5 Page 21 of 95 MEMO=00111sl� I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17.050 THROUGH 5J-17.052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. 1/ 13 l DAVID A. BOWER PROFESSIONAL SURVEYOR & MAPPER STATE OF FLORIDA CERTIFICATE NO. LS 5888 DESCRIPTION: A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1ST AVENUE (FORMERLY KNOWN AS POINCIANNA STREET AS SHOWN ON THE PLAT OF) BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON CENTER; THENCE SOUTH 01'22'45" EAST (AS A BASIS OF BEARINGS) ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF NE 1ST AVENUE (FORMERLY KNOWN AS POINCIANNA STREET), SAID SOUTH LINE ALSO BEING THE NORTH LINE OF LOTS 1 THOUGH 5, BLOCK 14 OF THE PLAT OF SAWYER'S ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 447.09 FEET; THENCE NORTH 00°20'03" WEST, A DISTANCE OF 45.00 FEET TO A POINT BEING ON THE THE NORTH RIGHT OF WAY LINE OF NE 1ST STREET (FORMERLY KNOWN AS POINCIANNA STREET), SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOTS 2 AND 16 THOUGH 22, ACCORDING TO SAID PLAT OF BOYNTON CENTER; THENCE NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 446.27 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 20,100 SQUARE FEET MORE OR LESS. 1 09/13/18 REVISE CONFIGURATION MT NO. DATE REVISIONS BY Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH 460 Business Park Way * Suite B Royal Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE: 08/29/18 Phone: 561 753-0650 Fax: 561 753-0290 CHK: DAB ,108#18-056 SD 1 ]SHEET:1 OF 5 Page 22 of 95 Fr 1. BEARINGS DEPICTED HEREON ARE BASED UPON THE EAST LINE OF LOT 2 OF THE PLAT OF BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LINE HAVING A BEARING OF SOUTH 01°22'45" EAST. 2. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD. 4, THE LICENSED BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS LB #6599, THE CERTIFYING SURVEYORS LICENSE NUMBER IS LS #5888. 5. THIS IS NOT A SURVEY. LEGEND (P1) PER THE PLAT OF SAWYER'S ADDITION (P.B. 1, PG 69, P.B.C.R.) (P2) PER THE PLAT OF BOYNTON CENTER (P.B. 8, PG. 12, P.B.C.R.) (RPB 1) PER ROAD PLAT BOOK (R.P.B. 5, PG. 179, P.B.C.R.) P.B. PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. PAGE R.P.B. ROAD PLAT BOOK CENTERLINE f MORE OR LESS Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH 460 Business Park Way * Suite B Royal Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE: 08/29/ 8 Phone: 561 753-0650 Fax: 561 753-0290 CHK: DAB J0B#18-056 SD 1 SHEET:3 OF 5 Page 23 of 95 EXHIBIT " B" NE 1St Avenue Abandonment Request Application Supplement— Responses to Review Criteria 3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? Response -- No interruption of access will take place as the abandoned portion of B 1st Ave. right--of--way is to be replaced with a platted access right--of--way to be recorded immediately after recording the proposed abandonment. Physical access will be maintained during that recording process and thereafter by construction of Boynton Town Center. b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? Response -- The to be abandoned portion of N B 1 s� Ave right--of--way contains utilities, but no interruption of service will occur. The abandoned right--of--way will be replaced immediately after recording the to be recorded plat which provides additional easements for utilities. Additionally, no physical interruption of utilities will occur prior to utilities replacement. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? Response -- No, this abandonment will not result in drainage or wastewater service. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? Response -- No, the abandonment of this portion of N B 1 st Ave right--of--way will not compromise conservation or preservation of flora or fauna. Page 24 of 95 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: NE 1St Avenue (Town Square) File number: ABAN 18-003 Reference: 1St review plans identified as an Abandonment with a September 7, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of X a building permit. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 25 of 95 CRA Abandonment—Arden Park (ABAN 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\NE 1 st Avenue ABAN 18-003\ABAN 18-003 COA.docx Page 26 of 95 7.7.B. New Business 9/25/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/25/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18-006/ MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Edward Ploski, Corporate Property Services, Inc. EXPLANATION OF REQUEST: Mr. Edward Ploski, representing McDonald's Corporation, is seeking Conditional Use/ Major Site Plan Modification approval for the construction of a 4,490 square foot McDonald's fast food restaurant and associated site improvements at 1701 S. Congress Avenue, directly across South Congress Avenue from its shared location in the Marathon gas station. The proposed new location is part of a larger site (4.945-acre), which was originally approved in 2002 for a Walgreens building and attached 4,800 square feet of retail/office space on the north end of the property abutting Woolbright Road as Phase I, and a future Phase I I consisting a 4 story, 40,000 square foot retail/office building on the southern portion of the site. As part of the construction of the Walgreens building, the remainder of the site work was completed, including all landscaping, lighting, parking, drainage, and the building pad in preparation for the Phase I I building. With the 107,000 square foot Woolbright Corporate Center built on the property immediately to the south and the 79,000 square foot Woolbright Professional Building constructed one block to the east, the demand for additional office space in the immediate vicinity apparently was not warranted and the Phase I I parcel has continued to sit vacant. Staff has reviewed the requests and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with the permit fees, certificate of use fees and increased taxable value above that of the vacant building pad. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 27 of 95 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 Survey D Drawings Civil Plan D Drawings Landscape Plan D Drawings Photometric Plan D Drawings Color Building Elevations 1 D Drawings Color Building Elevations 2 D Drawings Bus Shelter Detail D Drawings E)dsting Monument Sign D Drawings New Monument Sign D Drawings Floor Plan D Letter Applicant Justification D Conditions of Approval Conditions of Approval D Development Order Development Order Page 28 of 95 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-051 STAFF REPORT TO: Chair and Members Planning and Development Board FROM: Ed Breese Planning &Zoning Administrator DATE: August 23, 2018 PROJECT NAME/NO: McDonald's — 1701 S. Congress Avenue (COUS 18-006 / MSPM 18-008) REQUEST: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a 4,490 square foot McDonald's fast food restaurant and associated site improvements, located at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. PROJECT DESCRIPTION Property Owner: 1701 S Congress Ave LLC Applicant/Agent Edward Ploski, Corporate Property Services, Inc. Location: 1701 S. Congress Avenue (see Exhibit "A") Existing Land Use/Zoning: LRC (Local Retail Commercial) / C-3 (Community Commercial) Proposed Land Use/Zoning: No change proposed Proposed Uses: Fast Food Restaurant Acreage: 1.30-acres/ 56,335 square feet Adjacent Uses: North: Existing commercial development (Walgreens Plaza), zoned C-3 (Community Commercial), and farther north Right-of-way for Woolbright Road; South: Vacant lease parcel of the Walgreens Plaza zoned C-3 (Community Commercial), and farther south developed commercial office buildings (Woolbright Plaza), zoned C-3 (Community Commercial); Page 29 of 95 McDonald's— 1701 S. Congress Ave. Staff Report COUS 18-006/MSPM 18-008 Page 2 East: Right-of-way for Congress Avenue, and farther east developed commercial property (Boynton Shoppes), zoned PCD (Planned Commercial Development); and West: Lake feature associated with Quail Run, and farther west Quail Run residential development, zoned PUD (Planned Unit Development). 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 and 05-004. BACKGROUND/ PROPOSAL Mr. Edward Ploski, representing McDonald's Corporation, is seeking Conditional Use / Major Site Plan Modification approval for the construction of a 4,490 square foot McDonald's fast food restaurant and associated site improvements, located at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Restaurants with drive-through facilities are listed as a Conditional Use within the C-3 zoning district. McDonald's proposes to relocate from its shared location with the Marathon gas station directly across South Congress Avenue, on the SE corner of Woolbright Road and Congress. The proposed new location is part of a larger site (4.945-acre), which was originally approved in 2002 for a Walgreens building and attached 4,800 square feet of retail/office space on the north end of the property abutting Woolbright Road as Phase I, and a future Phase II consisting a 4 story, 40,000 square foot retail/office building on the southern portion of the site. As part of the construction of the Walgreens building, the remainder of the site work was completed, including all of the landscaping, lighting, parking, drainage, and construction of the building pad in preparation for the Phase II building. With the 107,000 square foot Woolbright Corporate Center built on the property immediately to the south and the 79,000 square foot Woolbright Professional Building constructed one block to the east, the demand for additional office space in the immediate vicinity apparently was not warranted and the Phase II parcel has continued to sit vacant. The applicant is working with the property owner to create a lease parcel over the northerly portion of the building pad to construct a McDonald's restaurant, while the property owner creates another potentially leaseable parcel on the remainder of the building pad and the southern extent of the site. The applicant has prepared a drawing (Sheet C-100), which depicts a possible scenario for the buildable space allocation remaining for the future southern lease parcel. 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 Page 30 of 95 McDonald's— 1701 S. Congress Ave. Staff Report COUS 18-006/MSPM 18-008 Page 3 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. The subject property currently has three (3) points of ingress and egress via cross-access easements; one (1) of the driveways is located on the east side of the parcel, abutting South Congress Avenue, through the existing drive entrance for Walgreens on the north part of the site (see Exhibit "B"). The second driveway is located on the north side, abutting Woolbright Road, and running along the west side of Walgreens. Lastly, there is a driveway connection/cross access to the south with the office complex (Woolbright Plaza), which connects to the main access drive for the office complex, and then to South Congress Avenue. There are no new vehicular access points proposed. However, Palm Beach County Traffic Engineering is requiring the installation of a southbound right turn lane at the existing entrance to Walgreens from South Congress Avenue. As a result, the PalmTran bus stop is being relocated further south on the property and a bus shelter installed. Pedestrian access to the site is proposed to be enhanced through the construction of a walkway connecting from the sidewalk along South Congress Avenue to the front building entry walk. 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 restaurant uses is calculated at one (1) parking space per 100 square feet of gross floor area or one (1) parking space for every 2.5 seats, whichever is greater. The plan indicates 64 seats are proposed, therefore 26 spaces would be required based on the seat count. However, the building is proposed to be 4,490 square feet, requiring 45 spaces. Therefore, required parking is calculated to be 45 spaces based on the building square footage. The site plan depicts the provision of 50 parking spaces within the proposed lease parcel boundaries, including two (2) handicap spaces, in compliance with code requirements. The Walgreens parcel, including the attached retail/office space requires 96 parking spaces and 98 are provided, including six (6) handicap spaces, two (2) more than required by code. Additionally, there are 109 parking spaces already in place for the future development of the south lease parcel, including five (5) handicap spaces, in compliance with code requirements. Relative to impacts on adjacent properties, the nearest residential structure to the west is approximately 800 feet away from the proposed building, across a large lake for the Quail Run development. The closest residential building to the east is approximately 400 feet away from the proposed building, across South Congress Avenue, and south. Any proposed lighting will have to comply with the City's lighting regulations, which are designed to reduce the impact of glare in adjacent properties. The noise associated with the proposed business should not be much different from the current Walgreens business on the north part of the parcel. The west buffer consists of a six (6) foot tall concrete wall with an existing landscape buffer. A Condition of approval has been added to ensure all existing plant material on site not Florida No. 1 Quality will be replaced and any gaps in the existing landscape buffer will be filled in with comparable material. Page 31 of 95 McDonald's— 1701 S. Congress Ave. Staff Report COUS 18-006/MSPM 18-008 Page 4 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant intends to have two (2) dumpster enclosures to the west of the building and drive-through lanes, for waste removal purposes. As a condition of approval, staff has requested the applicant slightly rotate the orientation of the enclosures for improved maneuverability of the waste removal trucks (see Exhibit "D" — Conditions of Approval). Trash would be removed on a standard schedule and solid waste is not anticipated to be an issue. As noted above, the wall and landscape buffer should minimize any impacts associated with waste removal operations for the residents approximately 800 feet to the west. 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. As a condition of approval, Utility staff notes that any water and sewer lines to be owned and operated by the City shall be included within 12 foot minimum width easements (see Exhibit "D" —Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The property has existing landscaping around the perimeter of the entire site. As noted previously, the site was master planned and all infrastructure (parking, drainage, lighting and landscaping) were installed with the construction of the Walgreens at the north end of the site. The Landscape Plan (Sheet L-1) depicts the addition of landscape plantings along the west and east property lines, to fill in any gaps and further enhance the existing material. Additionally, the plan depicts landscaping along the north and south sides of the lease parcel, including screening of the drive-through operation as required by code, and landscaping of the parking lot islands and service area at the rear of the building. Typical landscape material utilized in the design include Live Oak, Silver Buttonwood, Gumbo Limbo, Crepe Myrtle and Pigeon Plum trees, Montgomery and Alexander palms, Cocoplum, Silver Buttonwood, Thryallis, Simpson Stopper, Schefflera Arboricola, Fakahatchee Grass, Saw Palmetto and Croton shrubs, as well as Jasmine, Pittosporum, Green Island Ficus and Coontie groundcovers. There are also existing Live Oak trees that will remain in place in the final site design. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The project proposes the installation of seven (7) new light poles and modification of two (2) existing light poles on the site. The new poles will be comparable in height (25 feet tall) to the existing light poles already on site. In an effort to minimize glare and impact on surrounding properties, the light fixures will be full cutoff design, as required by code. The light levels depicted on Sheet C-500 exceed the code maximum allowable 5.9 foot-candles, and staff has inserted a condition of approval that the Photometric Plan be corrected to comply with code requirements prior to submittal for building permits (see Exhibit "D" — Conditions of Approval). Relative to signage for the project, the applicant proposes to insert a sign face in the existing Walgreens monument sign, located at the corner of Woolbright Road and South Congress Avenue, in the manually changeable-copy portion of the sign, located near the bottom, under the "Walgreens" sign panel. Additionally, the applicant proposes to install a new 8 foot tall monument sign on their lease parcel, along the South Page 32 of 95 McDonald's— 1701 S. Congress Ave. Staff Report COUS 18-006/MSPM 18-008 Page 5 Congress Avenue frontage, at the entry dive. This sign is designed to match the existing sign in color, materials and architectural elements, and will display the "golden arches" in the top tenant panel, with Walgreens underneath. The intent is to eventually utilize the bottom panel for the future tenant of the southernmost parcel. The wall signage allowance for the building has been determined to be a maximum of 69 square feet, and the applicant is proposing a total of 60 square feet. Above the building entrances, on the east and north sides of the building, the building elevations depict 9 square foot "golden arches" logos. Also, on the west end of the north facade, another 9 square foot "golden arches" logo is proposed, to inform customers entering from the north driveway. Finally, a 33 square foot, white "McDonald's" sign, is proposed on the south building facade, between the drive- through windows. 7. Required setbacks and other open spaces. The proposed restaurant building is designed to meet or exceed the minimum setback requirements of the C-3 zoning district. Minimum setbacks are: front (east) required 20' — provided 170'; rear (west) required 30' — provided 152'; side (north and south) required 15' on one side and zero on the other — provided 51' on the north and 22' on the south. The closest residential structure to the west is nearly 800 feet, across a lake, and to the east, approximately 400 feet away, across South Congress Avenue, and south. The west side has a 6' tall buffer wall and existing landscaping that will be further enhanced with this project. The east side also has an existing landscape buffer that will be further enhanced to provide a nice streetscape along South Congress Avenue. 8. General compatibility with adjacent properties, and other property in the zoning district. The restaurant use is generally compatible with the remainder of the commercial uses on all four (4) corners of the intersection, with the existing Walgreens on the northern portion of the site, and with the residential properties in the vicinity. Additionally, the building's large setbacks, intervening rights-of-way and lake, along with the appropriate buffering further the compatibility. The building's design is typical of most commercial structures with a smooth plaster finish, control joints and cornices and soft earthtone colors; a creamy beige primary body color Benjamin Moore "Monroe Bisque" and a medium tan secondary body/accent color Benjamin Moore "Alexandria Beige" and aluminum batten accents at the corners painted umber grey, similar to the dark bronze of the store front and window trim. The canopies and awning are proposed to be white. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The drive-through restaurant is designed as a one-story structure, with the typical parapet wall designed at a height of 19' - 6" and the top of the accent parapets at 21' — 6", which is compatible with the structures on the same and adjacent properties, and under the maximum allowable height of 45' in the C-3 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be enhanced with the increased activity on this property and the development of the partially vacant site. The City will also benefit from the collection of permit fees, certificate of use fees, and increased assessable value of the property. Page 33 of 95 McDonald's— 1701 S. Congress Ave. Staff Report COUS 18-006/MSPM 18-008 Page 6 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 concurrency requirements, a traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter from Palm Beach County has not been received as of the drafting of this staff report. A condition of approval has been added that requires receipt of the concurrency approval letter in advance of the issuance of any building permits. The applicant will be responsible for compliance with any conditions outlined in the approval letter. School concurrency is not required for this type of project. As for the City's water and sewer concurrency review, the City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Solid Waste disposal capacity has been evidence 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 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 and is recommending that the review of specific drainage solutions be deferred until time of permit review. 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. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. As noted above, with the distance to residential units, and the buffer wall and intervening landscaping, noise associated with operation should not be an issue. 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 project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. 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CCD w sN rn 0 M � � Z � O � 0 no Z -1Q� o0z 0< SDoX Al 0 0> r nr or-U) m �C) a^li m mom � z o-a M Cl) iz GO co �1 DDmrr- o v m Q (jlZ 155 r" - cv oA n Z -ioqzmpw �z ` mr—ao °mz m� am �0Q w p C�1 C -n (n a m© 1 m o G) z-" z p > .. x zCO � z II =p - 00 CD c C3 " = com < A 11 ra m W k r: 2aaCa� u�t .888 4 Q .88o8 O2 m �bSe z n 9 F Q �k�3 5 of 95 „y . . . . . . . . . . . ou' @Jnjopoad n so,o wa°oosb."oo'a „dm d>3aado, d>>a X3315/AilNOSVW��L 65b ^< �(p�.ind+A8i:PLIH ol-i'vs lS.pleuodaW'W �Nia�ine d=a=is uoa e� e - - 03 . In "_=== n __ ___________ ___ a e oo oa4��L ii J--- a S �w o `eke _ _ o we - - ------ ----------- - ---- -------------- � a w o w o q w Z£� og w�i OM y mw a q m m El 6 x. a 8. a ” wo — -------- — K o s 3 H w 1 " 4 0D©$00 0® m ❑ G �W�,d Q - "g � �o��"w � � � o � P OI' O' i u0 a Da gW way 1dad �m =moi ��oo ��oo %oQ W 000�m" a°3 &w�W J 0 ® � moi z �o °� as �� r =a 0 Fla T. o ®o - °1 - — m °6 ORO Q - Q o " Q O e Q m ww g LL sari Ngo NO r'*i EXHIBIT C Lcp �) coRror%xm PROPERTY SERVICES July 2, 2018 Mr. Michael W. Rumpf Director Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 RE: STANDARDS FOR EVALUATING CONDITIONNAL USES McDonald's L/C 009-2650 SW CORNER OF WOOLBRIGHT ROAD & CONGRESS AVENUE Boynton Beach, Florida Parcel Control Number#08-43-45-31-17-002-0020 Corporate Property Services Project Number:1711-39 Dear Mr. Rumpf: The subject site 1.294 acre site is located near the southwest corner of Woolbright Road and Congress Avenue. The purpose of the application is to request approval for the development of a McDonald's restaurant with a drive-thru. The property is zoned C-3, Community Commercial, and has a LRC -Local Retail Commercial Future Land Use Designation. Based on the current zoning district a restaurant with a drive-thru requires a conditional use approval. Therefore, a Conditional Use Application is hereby submitted, based on the following criteria: 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; Response:The subject site is located within the master planned Woolbright Plaza. The northern phase of the development is constructed along with the overall parking is constructed for the project. The Woolbright Plaza development has a recorded Declaration of Easements with Covenants, Conditions and Restrictions which permits, ingress and egress overall paved driveways and sidewalks. The McDonald's has access to Woolbright Road to the north through the Walgreen's portion of the development and also access to Congress Avenue just northeast of the proposed McDonald's building and south on the access frontage driveway which connects to office building south of south phase parcel. The McDonald's restaurant has (3) access points in case of fire or catastrophe. The McDonald's project is required to construct a south bound right turn lane at the existing driveway connection on Congress 1 Corporate Property Services, Inc. 1239 East Newport Center Drive v Stine 113 ,Deerfield Beach, FL 33442 I ch 9154-426-5144- Fax: 954-570-3391 Lane_(.Jse Planning- Perinit Expediting v Project Management Page 47 of 95 L-1cps ��o��m�mY�w�e Avenue. Basedonthe discussions and meeting with staff,the site plan has been prepared onthis dialogue and will provide safe ingress and egress tothe proposed use, for both vehicles and pedestrians. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.} above, and the economic, glare, noise, and odor effect the conditional use will have on adjacent and nearby properties, and the city as a whole; Response: The proposed off-street parking layout will not have any adverse impact oneconomic, glare, noise and odor ofthe commercial and office uses tu the north, east and west ofthe proposed McDonald's parcel. The proposed building far exceeds the Land Development code required for required front and rear setbacks. The property iscurrently developed without abuilding. The original approved building use was never constructed. There are nosignificant impacts tothe adjacent and nearby properties and the City asawhole. The parking area adjacent towestern property line is buffered by an existing 5'concrete panel wall and has mature trees and landscaping onthe west side Vfthe wall which provides e visual and noise buffer to existing multi-family residential units west across the existing lake. The McDonald's will not have adesignated loading area. Deliveries will bemade adjacent tothe north side ofthe building innon-peak customer service times. Arequest tothe City Engineer isbeing submitted todelete the loading zone requirement for this project. 3. Refuse and service areas, with particular reference to the items in subsection C.1 and C.2above; Response:The two (2) proposed dumpsters are located at the rear of the building and are not visible bythe general public along VVom|brightRoad and S. Congress Avenue. The dumnpsterare designed tomeet Land Development Code requirement for proper back-up service of6Ofeet. The dunopsterand service area for the proposed McDonald's isbuffered along the western property line byo5' concrete panel wall and mature trees and landscaping Qnthe west side ufthe wall tOprovide Gvisual and noise buffer. 4. Utilities, with reference to locations, availability, and compatibility; Corporate Property Services, Inc. I239 East Newport Center Drive P Suite113wDeezUeld.]0eacb° FI.33442 ]Ceh 954-426-5144mFax: 954-570~3391 Land 0mePlanning= Pemm1t,Expediting ° Pzo'ectManagement Page 48Of95 I— CPS CORPORATE PROPERTY SERVICES Response: Adequate infrastructure for water, sanitary sewer and drainage already In place within existing Woolbright Plaza development to serve the 4,490 square foot restaurant with a drive-thru. Underground electric and telephone service is available. 5. Screening, buffering and landscaping with reference to glare , traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Response:The McDonald's parcel within the Woolbright Plaza development has an existing 5'concete panel wall along the western boundary of the property. On the west side of the wall are mature fichus trees and landscape buffer. This provide excellent buffer against noise and glare. Along the eastern boundary are mature oak trees along Congress Avenue and additional landscaping to buffer the McDonald's restaurant from Congress Avenue.The City of Boynton Beach Comprehensive Plan Future Land Use Map indicates this area for LRC- Local Retail Commercial. The proposed McDonald's restaurant meets the future land use goal to enhance the city's aesthetic appeal while supporting a vibrant economic tax base. The proposed conditional use request will be in harmony with the general character of the surrounding area. The site plan, landscape plan and architectural elevations will protect the neighboring property values by enhancing the aesthetic appeal of this area. 6. Signs, and proposed exterior lighting, with reference to glare,traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Response:The proposed McDonald's will have one monument sign along Congress Avenue and the building exterior lights will not impact glare or traffic safety.The parking lot lighting will provide a safe lighting level for the restaurant and will not spill light off the property. The projects signage and lighting will be in harmony with the adjacent and nearby properties. 3 Corporate .property Services, Inc. .1.239 East Newport Center Dri-ie , Suite 1.13 -Deerfield Beach, FL 33442 1 ek 954-426-5144 , Pix: 954-570-3391 Land Use Planning* Permit Expediting - Project Management Page 49 of 95 F_ � CPS CORPORATE PROPERTY SERVICES 7. Required setbacks and other open spaces; Response:The proposed McDonald exceeds zoning code setback requirements: Setbacks Required Provided Front (build to line) 20' 170.8' Rear 20' 152.8' Side Interior (south) of 22.0' Side Interior (north) 20' 51.5' 8. General compatibility with adjacent properties, and other property in the zoning district; Response:The subject site in bounded on the north by a Walgreen's & retail use, on the south by two (4) story office buildings. On the east it is bounded by Congress Avenue which is a 6 lane divided arterial roadway with commercial retail uses east of the McDonald's site.The commercial uses are north and south of the McDonald's on the east side of S. Congress Avenue. The west the site is bounded by a large lake and multifamily residential development. The McDonald's parcel is buffered from the multifamily residential development by a 5' concrete panel wall along with mature fiches trees and the landscape buffer on the west side of the wall adjacent to a lake. The proposed commercial use is compatible with the existing, abutting commercial uses. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as whole; Response:The proposed McDonald's restaurant is just below 20' in height and is similar to the height of adjacent building surrounding the site. The color pattern of the building is also similar to the surrounding commercial buildings. The proposed McDonald's restaurant is compatibility with its neighbors and general architect theme of south Florida and the City of Boynton Beach. 10. Economic effects on adjacent and nearby properties, and the city as a whole; Response:The site is currently vacant parking lot without a building and is located between a Walgreen's Pharmacy and Multi-Story office building. This property invites illegal parking of vehicles and trash dumping.The 4 Corporate Property Services, Inc. 1.239 East Newport Center Drive& Suite 113 -Deerfield Beach, FL 3344.2 i'eh 954-426-5144 - Fax: 954-570-3391 ,,.and Use planning - Per nit Expediting- Project Management Page 50 of 95 ��o�� proposed K8cDuna|d'srestaurant use will improve the property through the use of attractive architectural and environmental landscape designs. The proposed restaurant will meet the meet the demands for residents aswell aSthose who work inthe area.The drive-thrUprovides an alternative tothose consumers onthe run. |naddition,this establishment will provide employment opportunities, as well as added tax revenue tothe City 11. Where applicable, the proposed use furthers the purpose and intent ofa corresponding mixed uszoning district orredevelopment plan; N/A 12. Compliance with and abatement Vfnuisances and hazards inaccordance with the operational performance standards aaindicated in Chapter 3, Article IV, Section I and the Noise Control Ordinance and City code ofOrdinances Part 11, Chapter 15, Section 15-8: and Response:The proposed McDonald's will not be a nuisance or hazard to persons, animals, vegetation Orproperty located onadjacent ornearby properties orriQhts-of-vxgy. It will not interfere with the reasonable use ore 'oyrnentofamUacentmrnearbypropertybyreasonofnnise, vibration, smoke, dust mrother particulate matter. Toxic ornoxious matter; odors, glare, heat orhumidity radiation, electromagnetic interference, fire orexplosions hazard, liquid waste discharge orsolid waste accumulation will not begenerated bythe proposed McDonald's fast food restaurant with drive-thru. H8zardVus/ToxicVVaste and substances are not produced orused bythe proposed McDonald's restaurant. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishment shall include the following analysis performed byacertified acoustic engineer: N/A The proposed change in this application provides for a use that is permitted within the existing zoning district, and is in compliance and within the scope of the uses and request(s) specified in the Zoning Hearing and the conditions imposed as listed in the Resolution. Also, this application complies with all requirements of the applicable restrictive covenant, as no covenants are requested to be modified or canceled. Based on the foregoing, the applicant � Corporate Property Services, Inc. 123gEast Newport Center Drive pSuite 113 -Deerflield.Beach, FL 33442 I�el: 954-4126-5144mFa.xzg54-570-339I Land Use Inimuning° Permit Expediting - Project Management Page 51Of95 LL;...... COMV)RATEE PROPERTY SERVICES believes the proposed plans are in substantial compliance with the controlling plans approved at public hearing pursuant to Resolution No. 4ZAB-122-89. As such,the applicant respectfully requests your favorable consideration of this application. If you have any questions or require additional information, please do not hesitate to contact me. Sincerely, 7 Edward P. Ploski, Agent for McDonald's Corporation Enclosure 6 Corl)orate Property Services, Inc. 1239 East Newport Center Drive* Suite 113 # Deerfield Beach, FL 33442 el: 954-426-5144- Fax: 954-570-3391 an Use Planning- Pert it Expeck itirigq Project Managelent Page 52 of 95 EXHIBIT "D" Conditions of Approval Project Name: McDonald's 1701 S. Congress Avenue File number: COUS 18-006 / MSPM 18-008 Reference: 31d review plans identified as a Maior Site Plan Modification with an August 14, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. At time of permit submittal, please rotate the dumpster enclosures clockwise approximately 20 — 30 degrees in order that waste removal vehicles empty the dumpster and back out without a turning motion. 2. Please provide a copy of the notice of concurrency to the Traffic Performance Standards of Palm Beach County prior to submittal for any permits (NOTE: The applicant will be required to comply with any recommendations outlined in the concurrency approval deemed necessary by the City and will be at the City's sole discretion). 3. Water and sewer lines to be owned and operated by the City shall be included within 12 feet minimum utility easements in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.B.4. The easements shall be dedicated via separate instrument to the City as stated in the Code of Ordinances, Section 26-33(e). FIRE Comments: 4. Please understand this review is for the Site Plan only. The Floor Plan will be reviewed in detail at time of permit submittal. POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. Page 53 of 95 McDonalds 1701 S. Congress Avenue (COUS 18-006/MSPM 18-008) Conditions of Approval Page 2of3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 5. 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 with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 6. At time of permit submittal, on Sheet C-100, under the "Site Data", please verify the number of handicap parking spaces listed, as there are six (6) depicted on Parcel 1, while the Site Data table only lists four(4). 7. At time of permit submittal, please depict the required covered bike rack, and the required bench and waste receptacle. 8. At time of permit submittal, please revise the Photometric Plan to comply with the code maximum allowance of 5.9 foot-candles. 9. At time of permit submittal, please ensure downspouts are internal or encased in architectural elements. 10. At time of permit submittal, please provide documentation that all customer areas will have vision glass, and said glass will only have a light tint for visibility into the restaurant. Also, any faux, non- transparent glass shall be designed to mimic the color of the vision glass. 11. At time of permit application, please remove the note on the proposed bus shelter indicating advertising space. 12. The applicant shall be responsible for the replacement of landscape material in poor condition or less than Florida Number 1 Quality, including the entire eastern and western buffer, not just within the leased parcel, and shall fill in of any gaps in both of these two (2) buffers. Page 54 of 95 McDonalds 1701 S. Congress Avenue (COUS 18-006/MSPM 18-008) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARE D\WP\PROJECTS\McDonaId's 1701 S.Congress Avenue/COUS 18-006 MSPM18-008\COA.doc Page 55 of 95 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: McDonald's Restaurant (COUS 18-006/ MSPM 18-008) APPLICANT: Edward Ploski, Corporate Property Services, Inc. APPLICANT'S ADDRESS: 1239 E. Newport Center Drive, Suite 113, Deerfield Beach, FL 33442 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2018 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a 4,490 square foot McDonald's fast food restaurant and associated site improvements, located at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 1701 S. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "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\McDonald's 1701 S. Congress Ave\COUS 18-006/MSPM 18-008\DO.doc Page 56 of 95 7.7.C. New Business 9/25/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/25/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-001) from Office Commercial (OC) to Mixed Use Low(MXL). Applicant: Exsorro One, Inc. Approve 1320 S. Federal Highway Rezoning (LUAR 18-001) from C-1, Office Professional to MU-1, Mixed Use 1. Applicant: Exsorro One, Inc. EXPLANATION OF REQUEST: The subject 0.51-acre property is located in the Federal Highway Corridor District (South) of the Community Redevelopment Area (CRA). The applicant proposes the future land use (FLU) amendment and rezoning to develop the property with a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with 1,920 square feet of retail space on the first floor and a small, 900 square foot art museum. The 2016 CRA Community Redevelopment Plan (the Plan) provides site-specific future land use recommendations for the entire CRA area. Consistently with the vision for economic revitalization embedded in the Plan, mixed use FLU categories are recommended for most areas close to downtown as well as for those along the major corridors. The applicant is requesting the Mixed Use Low (MXL) future land use category rather than the higher intensity, Plan-recommended Mixed Use Medium (MXM). The latter option is not feasible, as the subject property falls short of the minimum size required for the zoning district corresponding to the MXM classification. Nevertheless, the request substantially conforms to the intent of the Plan: all mixed use FLU categories promote intensification of redevelopment and walkable environments in support of public transit and lead to higher property values. Also—arguably—the lower intensity MXL classification is preferable given the proximity of a single-family neighborhood to the east of the subject property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: Page 57 of 95 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A. Location Map Aerial D Location Map Exhibit B. Proposed FLU D Location Map Exhibit C. Proposed Zoning Page 58 of 95 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-057 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: September 18, 2018 PROJECT: 1320 S. Federal Highway LUAR 18-003 REQUEST: Approve 1320 S. Federal Highway Future Land Use Map Amendment from Office Commercial (OC) to Mixed Use Low (MXL) and Rezoning from C-1 Office Professional to MU-1, Mixed Use 1. PROJECT DESCRIPTION Property Owner/ Applicant Exsorro One, Inc. Agent: Christi Tuttle, Miller Land Planning, Inc. Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Exhibit "A") Existing Land Use/ Zoning: Office Commercial (OC) / C-1 Office Professional Proposed Land Use/ Zoning: Mixed Use Low (MXL)/ MU-1 Mixed Use 1 (Exhibits "B" and f(C11) Acreage: 0.51 acre Page 59 of 95 Page 2 1320 S. Federal Highway LUAR 18-003 Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor Gardens) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space)of the Snug Harbor Garden condominiums; farther east, developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. BACKGROUND The subject 0.51-acre property is located in the Federal Highway Corridor District (South) of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up untill then housed an I-HOP restaurant. The same year, a mixed use project with office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential use is not part of the subject request. Instead, the applicant proposes a three- story structure to be predominantly occupied by medical offices (fora total of 8,078 square feet), with 1,920 square feet of retail space on the first floor and a small, 900 square foot art museum. In addition to the FLU amendment, rezoning and a major site plan modification, the requests include an application for height exception. All applications are being processed concurrently (see respective staff reports.) REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.D.3: a. Demonstration of Need. A demonstration of need may be based upon changing 2 Page 60 of 95 Page 3 1320 S. Federal Highway LUAR 18-003 conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The 2016 CRA Community Redevelopment Plan (the Plan) provides site-specific future land use recommendations for the entire CRA area. Consistently with the vision for economic revitalization embedded in the Plan, mixed use FLU categories are recommended for most areas close to downtown as well as for those along the major corridors. They will promote intensification of redevelopment and walkable environments in support of public transit and lead to higher property values. Even though—in terms of a specific mixed use FLU category—the request under consideration is not fully consistent with the recommendation for the subject property, it nevertheless substantially conforms to the intent of the Plan. (See responses to criteria "b" and "c" for further discussion.) Furthermore, the use choice of "medical office" for the project supported by the amendments reflects trends in the medical office building sector, as reported by Marcus & Millichap in its Medical Office Research National Report for the second quarter of 2018. The report states: "The expanding 65 and older population base remains a stalwart demand driver of medical office space. Evolving technology, new practices and a shifting healthcare insurance landscape that favors outpatient services all point to deeper medical office expansion into local communities. (....) A rise in outpatient services and procedures has encouraged medical office development in off-campus locations over the past few years. Hospitals and medical prodders seek to place offices in neighborhoods and suburban areas, closer to where people lire and work, in order to reduce costs and appeal to patients seeking medical care,„ 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 FLU amendment and rezoning are consistent with, and promote, the general intent of the policies of the Comprehensive Plan's Future Land Use Element, which recognize and support commercial uses as goods/services providers and job generators. Although the requested MXL FLU category permits residential uses, the master plan—an intrinsic part of the rezoning—proposes a mixed use (office/retail) commercial building. The requested MU-1 zoning allows a higher development intensity with the maximum FAR of 1.0, as compared to the maximum FAR of 0.40 allowed in the existing C-1 district. The proposed FLU amendment and rezoning are also consistent with the "purpose and 3 Page 61 of 95 Page 4 1320 S. Federal Highway LUAR 18-003 intent" of the recommendation of the CRA Plan, even though the requested mixed use category is Mixed Use Low (MXL) and not, as recommended by the Plan, Mixed Use Medium (MXM). (The subject property falls short of the size required for the MU-2, the less intensive of the two zoning designations corresponding to the MXM classification.) Nevertheless, as noted earlier in this report, all mixed use FLU categories aim to promote intensification of redevelopment and walkable environments in support of public transit and lead to higher property values. Lastly, the proposed future land use amendment and rezoning supports "Strong Local Economy," one of the objectives of the City's Strategic Plan. Consistency with Land Development Regulations (LDR) As submitted, the proposed master plan/site plan includes a building height that exceeds the 45 ft maximum permitted height for the MU-1 zoning district. The applicant submitted a Height Exception application which is being processed concurrently. 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 land use pattern in adjacent and nearby areas is eclectic, already "mixed": it incorporates commercial uses of office and retail/restaurants along Federal Highway as well as multifamily and single-family residential uses of varying densities, with the nearby Las Ventanas mixed use development built at 40 dwelling units per acre (du/ac) and the Snug Harbor Gardens condominiums to the south of the subject property built at the non- conforming density of 19 du/ac (well above the maximum of 11 du/ac in the R-3 zoning designation). The current FLU and zoning designations reflect this diversity. Given the existing "mixed" land use patterns, neither the proposed Mixed Use Low (MXL) nor the Plan-recommended Mixed Use Medium (MXM) FLU classifications would likely support projects with use profiles and building scale at odds with the existing and future built environment. (Specifically, the proposed MXL would support development consistent with the land use of properties facing Federal Highway.) The MXL (as well as MXM), if applied to the subject property, would result in an "isolated district"; however, neither land use classification may necessarily meet the criteria of a "spot zoning," since: (1) as just noted, neither would allow land uses inconsistent with those in the surrounding area; (2) the designations would not confer a special benefit on the owner, since the owners of properties extending north and west of the subject parcel may enjoy similar benefits upon redevelopment, and (3) the MXM classification is consistent with the CRA Plan recommendations while MXL, as argued before, is likewise consistent with the vision and intent of the Plan. 4 Page 62 of 95 Page 5 1320 S. Federal Highway LUAR 18-003 d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The project, albeit small, would arguably have some sustainability-supporting characteristics. There is an easy access to public transportation, currently Palm Tran bus service on Federal Highway but also, in the future, the Tri-Rail Coastal Link commuter train with the planned station on Ocean Avenue, less than a mile away. The project would support the latter through job creation, improving the jobs-to-housing ratio in the area close (less than '/4 of a mile) to the Downtown Transit Oriented Development District. Lastly, the office location makes it easily accesible to residents of the adjacent neighborhoods seeking medical services. 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. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Traffic Concurrency Exception (TCEA) designation and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The applicant submitted a traffic statement required for TCEA-designated properties.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non-residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly below the allowable thresholds. f. Compatibility. The application shall consider the following factors to determine compatibility. 5 Page 63 of 95 Page 6 1320 S. Federal Highway LUAR 18-003 (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. See response to criteria "b" and "c." The FLU amendment and rezoning would generally be compatible with the current and future use of adjacent and nearby properties and would not negatively affect property values in the surrounding area. See the response to criterion "d": through supporting the medical office/commercial project, the amendments could facilitate the neighborhood's access to medical services, while newly created jobs would be of importance for supporting the planned Tri-Rail Coastal Link commuter service. With regard to criterion "f"(2): the amendments implement the publicly endorsed redevelopment Plan, with the underlying premise that the implementation will generate benefits locally, CRA-wide and, possibly, also citywide. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As already argued in this report, the impacts of the subject amendment and of the project it supports, while limited in magnitude, adhere to criteria "g1", "g3" and "g4" (the average pay in a medical office will likely be at or above the county's average). It will also effect an enhancement of the City's tax base (criterion "g2"). h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: 6 Page 64 of 95 Page 7 1320 S. Federal Highway LUAR 18-003 (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The requested MXL future land use category at the subject location permits residential- only development and could consequently result in the reduction of the amount of land available for commercial development. However, in the case under consideration, the amendment would support a commercial-only development and, in addition, allow for more intensity than the current C-1 Office Professional zoning district. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are vacant parcels within the city carrying the zoning districts where such use is allowed. These may not be currently on the market or may not be considered as suitable as the subject property by the applicant. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\LUAR 18-003\LUAR 18-003 1320 S. Federal Highway Staff Report Il.docx 7 Page 65 of 95 Exhibit A LOCATION MAP �SE12t1 ` {{ rE t 1111 is t t�s wv „ t c Snug Harbor Dr r vt � N c1 JJ Ilti � � Ztdtr ,fAlS iyy$3CPhk ' F�� Pzivt �Wp t t �s r ` (I�r'� 1��5 n IM ) � S it - ,i•� ` tEl*pp� , ••�>3I'N�� - H 3t i 1 s r t ,E E Woolbright RdG Legend N CM TCEA Boundary o 25 5o d ,oi66 Ak5 Exhibit 6 1320 S. FEDERAL HIGHWAY LUAR 18-003: FLU AMENDMENT SE 12th Ave = � W W �t SITE Riviera Dr MXL FLU � {proposed) Snug Harbor Dr Legend 3 LOW DENSITY RESIDENTIAL(LDR)-, 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR)-, 11 D.U./Acre OFFICE COMMERCIAL(OC) LOCAL RETAIL COMMERCIAL(LRC) MIXED USE LOW(MXL); 20 D.U./Acre y F. MIXED USE High (MXH)- 80 D.U./Acre TCEA Boundary E.Woplbright.RdlEffmommmmmmom N 0025 50 �ot67 Ak5 Exhibit C 1320 S. FEDERAL HIGHWAY LUAR 18-003: REZONING SE 12thAve J ,f W t s � SITE Riviera Dr MU-1 ZONING ' #f (proposed) Snug Harbor Dr Legend R1AA Single Family, 5.5 du/ac 0 R2 Duplex, 10 du/ac EEE R3 Multi Family, 11 du/ac A 0 C1 Office Professional 3 0 C2 Neighborhood Commercial _ C3 Community Commercial MU-1 Mixed Use 1, 20 du/ac � MU-4 Mixed Use 4, 60 du/ac r i U. TCEA Boundary EWoolbright.Rd N 0025 50 �ot68 Ak5 7.7.D. New Business 9/25/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/25/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve 1320S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements. Applicant: Exsorro One, Inc. EXPLANATION OF REQUEST: The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed use project with office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer within the City's Zoning Regulations) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential use is not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square foot retail space on the first floor and a small, 900 square foot art museum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 69 of 95 ATTACHMENTS: Type Description D Staff Report Staff Report (MSPM 18-009) D Location Map Exhibit A- Location Map D Drawings Exhibit B - Plans D Conditions of Approval Exhibit C - Conditions of Approval D Development Order Development Order Page 70 of 95 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-059 STAFF REPORT TO: Chair and Members Planning andDe?v to ent or THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, Principal Planner DATE: September 5, 2018 PROJECT: 1320 S. Federal Highway Office Building ( SPM 18-009) REQUEST: Approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification to construct a 10,898 square foot structure and associated site improvements. PROJECT DESCRIPTION Property Owner: Exsorro One, Inc. Agent: Christi Tuttle, Miller Land Planning Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit "A": Location Map) Existing Land Use: Office Commercial (OC) Existing Zoning: C-1 Office Professional Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU-1 Mixed Use 1 Acreage: 0.51 acre Page 71 of 95 Page 2 1320 S. Federal Hwy Office Building MSPM 18-009 Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed use project with office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential use is not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an 2 Page 72 of 95 Page 3 1320 S. Federal Hwy Office Building MSPM 18-009 additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. In addition to FLU amendment, rezoning and a major site plan modification, the request includes an application for height exception. All applications are being processed concurrently (see respective staff reports.) ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study was performed and indicates that the project would generate a total of 18 AM Peak Hour trips and 41 PM Peak Hour trips. 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 five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The site plan (Sheet SP-1) shows that one point of ingress/egress is proposed. The two-way driveway is located on Riviera Drive at the eastern end of the site. Vehicular circulation from the driveway would include one- way circulation that continues throughout the parking lot with a portion of the circulation being two-ways. 3 Page 73 of 95 Page 4 1320 S. Federal Hwy Office Building MSPM 18-009 Sidewalks are provided along Riviera Drive, Federal Highway, and around the east (back) fagade of the building at a minimum of 5 feet in width (see Exhibit C - Conditions of Approval). The sidewalk along Federal Highway is proposed at 11 feet in width, with additional space in which street trees are proposed in rhythm along the front of the building. The majority of the sidewalk along Federal Highway will be covered by a building cantilever, with a minimum of 8 feet of clear/uninterrupted walk underneath. There is also a proposed plaza located at the southwest corner of the site to encourage pedestrian interaction. The walkways along Federal highway and around the building are proposed to be pavers while the sidewalk along Riviera Drive is proposed to be stamped concrete. Parking: The site plan (Sheet SP-1) proposes a 9,998 square feet of office space and a 900 square foot museum, which would require 53 parking spaces, based upon the standard of one (1) parking space per 200 square feet of office and one parking space per 300 square feet of museum area. However, the applicant has elected to take advantage of the City's sustainable parking provisions which includes a reduced minimum parking ratio resulting in a reduction of 10 parking spaces when the sustainable criteria are met (thereby requiring a minimum of 43 parking spaces). The site plan provides 45 parking spaces including 13 on-street parking spaces, two (2) handicap parking spaces, one (1) motor cycle parking space, and 29 on-site parking spaces with one (1) electric charging station. 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. All standard and compact parking spaces will utilize a continuous curb and overhang in lieu of wheel stops (Refer to Exhibit C - Conditions of Approval). Landscaping: The Plant List(Sheets L-1 & L2) indicates that the project would add a total of 44 trees to the property, 31 of them being canopy trees, 265 accent and shrub specimens, and 2,302 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Bougainvillea Standard, Green Buttonwood, Satin Leaf, and East Palatka Holly trees. Palm species would include Alexander Palms, Silver Date Palms, and Thrinax Palms. Projects proposed in the Federal Highway District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces the building setbacks and encourages building placement to be abutting the street, thus creating a more notable urban setting.The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas 4 Page 74 of 95 Page 5 1320 S. Federal Hwy Office Building MSPM 18-009 into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered walkways to create the streetscape theme in an effort to provide maximum clear pedestrian pathways. The applicant has worked with staff to provide the street trees and covered walkways necessary to meet the required 50% shaded sidewalk along building frontages of arterial roadways. Building and Site: The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal highway with a maximum separation from the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. Building Height: The maximum building height allowed in the Mixed Use 1 (MU-1) zoning district is 45 feet. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height of 40'-8", with typical parapet walls at approximately 44'-8". Tower elements/architectural treatments would extend up to 54'-9" in height, 9'-9" above the maximum allowable height in the MU-1 district. The applicant is concurrently requesting approval of a height exception (HTEX 18-001) for the proposed architectural features and stair towers. See corresponding staff report for additional information. Setbacks: The MU-1 zoning district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway (west property line), the proposed building would be setback two (2) feet from the edge of the building cantilever, 4.3 feet setback along the south property line, and two (2)feet from the north property line, in compliance with code requirements. The building is set back approximately 170 feet from the east property line, which is the nearest point to the residential neighborhood. Amenities: As noted above, the site plan depicts the inclusion of a public plaza at the corner of Federal Highway and Riviera Drive. The building also contains an art exhibit that will be visible from the public sidewalks along Federal Highway. 5 Page 75 of 95 Page 6 1320 S. Federal Hwy Office Building MSPM 18-009 Design: The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stair towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The proposed building utilizes many similar design features as other office buildings, including a neutral color palette. According to the "Color & Material Schedule", the primary building color would be two tones of grey, Sherwin Williams "Dovetail" and "Mindful Grey" and the main architectural feature is proposed to be Sherwin Williams "Origami White " white . Lighting: The photometric plans (Sheets E -1) include 5 freestanding pole light fixtures, all of which would be 20 feet in height, with the light fixture at 18 feet. The LED light fixture has a flat lens and cut-off feature to inhibit any light spillage/trespass. Additional exterior lighting would be provided through the installation of building mounted and under canopy fixtures, placed at a height of approximately 7 feet. The Photometric Plan is in compliance with the City's lighting ordinance, and designed to prevent glare or spillage onto abutting properties. Signage: Site and building signage has not been finalized and a Sign Program will be required for the site, approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. According to the proposed construction estimate, the project would have an art budget of approximately $12,950. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MSPM 18-009\Staff Report\MSPM 18-009 1320 S. Federal Highway Staff Report.docx 6 Page 76 of 95 Exhibit A LOCATION MAP �SE12t1 ` { 'w rE t 1 is t t�s wv „ t c Snug Harbor Dr r vt c1 J Ilti � � Ztdtr ,fAlS fyy$3CPhk ' F�� Pz\vt �Wp t t �s r ` (t�?p 1��5 � IM '` L s is ,4� ` �1�p� ••�;3iN !I 31 i 1 s r t ,E E Woolbright RdG Legend N CM TCEA Boundary o 25 5o d ,ot77 Ak5 Exhibit B S FEDERAL I,---AY o� W ati R=.3�U4 fi3 a z _ n m o �O mva _ W 2 m — N JD � T�,y X8m r `I I ❑ ' fa F-1 ❑ aII _ - h F' o I _. rt v � a — o ❑ 13 N� v O� 9. v m O i i I _ n I \ ° � � ❑ w�a o,v �0wgr v 2 �sl F ❑ 9 a 714 3 m 3 S a "s n eens 1,11 IL,"I ccEa.N �A 1320 S. Federal Highway z o DWO Sp Boynton Beach,FL Pa 95 z T r _ m al° r m � m al oldcoama �aaaaa Q S u G i m 6 a Q g W Q o m T/W° R N m 3 N os o gnMn - N -w m m Q a m a = z mm W�a a €Q oaQ a wqm op ea 89 m ao vaoa memo �m=S=-uw 6e 6e �e Yoke N�o _ a- g �— Faa, � ill wU U p aP�� ➢1+ S $ 4 8o �%c m��m �N 1P��7 g N aN x= � n� z= k w Q I ab w T 4K' kt - z � a = z Q - o e 0 ° o o .aa ssRe 00, IV Re 00� �a=a •(b"MH�/H hi303n''S -_ _ _ •(bMFd�/H 7Vb303n''S Page 79 of 95 > i3 m IH ji 4 I If d U x ................... (T �-v 28. O�-gg-Ap A.8 ASD "fi< 2RWM�j > —0 F 09 �8 g8 m F M > I I > A PA z .21 DO H Ax oAa° S FEDERAL'qlC-HWAY -nc Fn z -1 mg� m AR oa MO r m > z 2- 91 -1 r > > 0 -- - - - - - - - - -- "e. P, rn ;12 ---------------------------------------------------- T Oj m < 0 m '< 1 7 mp m 6 :5 (0 �Y R� - n M mc ftF� <z ZDz -M Mm mmO z r+ 0 c - L,*z z 01 4�adl�'8 of 95 l< I fr ff 2� o i � 'V' o ` i Ipl,, SII � I "FhI Z w J w I I , It I LU u LL .I. LL I Nil, r I:.,t 1 a Lli II a 1 " Page 81 of 95 °3,a3s3as��°U) +� c£t££'1VH:)VHHNOII IOH (D Z lowa L�Y1H'IHHHQ33 HZ-`lOS OZ£I Z 0 ppw �bAMJddV Wd 311S r s p m w tt r.. 301=1=J0 H1f10S OZ£L o o 4 w 00 ��aro a,� zoo o�oz oo o, pyo w aJz �a a a'o��moo �'qa W �wJ o oz OZ ¢3»o ¢3-o< Ho W �o 3 Z o ISM o aaaa o Zia '', "o 'o'o «a< 9 s O Bill KEE- FF T- T- I sl o e � al mo � 0 0 Z Z o o Page 82 of 9 EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Hwy. Office Building File number: MSPM 18-009 Reference: 31d review of plans identified as a Maior Site Plan Modification with an August 20, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. At time of permitting, provide copy of FDOT drainage connection and/or driveway connection permit. 2. At time of permitting, provide pre/post drainage calculations and a geotechnical report. 3. Longitudinal grading on Riviera Drive shall be reconstructed to facilitate proper drainage. 4. Retaining wall shall be offset away from the northern property line so as not to encroach on neighboring property. 5. At time of permitting, provide cross sections on all property lines 6. At time of permitting, show the minimum radius for access to the site for emergency vehicles and sanitation trucks. 7. At time of permitting, show all utility easements and utility lines on the site plan, landscape plans, and water and sewer plans. 8. At time of permitting, provide an irrigation plan which follows the Waterwise principals. FIRE Comments: 9. At time of permitting, show fire access turning radii on the site plan throughout the parking area. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. Page 83 of 95 1320 S. Federal Hwy Office Building (MSPM 18-006) Conditions of Approval Page 2 of 2 [ DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: All previous comments addressed at DART meeting. PLANNING AND ZONING Comments: 10. Coordinate with the City's Public Art's Manager to develop a Public Art proposal for the property. 11. At time of permitting, provide details of the proposed roof-top trellis. 12. At time of permitting, provide elevations of the north and south fagade of the building. 13. A sign program for the property is required prior to issuance of sign permits. 14. Revise the sidewalk along Riviera Drive to be a minimum of five (5) in width. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MSPM 18-009\Staff Report\ExhibitC_MSPM 18-009 COA.doc Page 84 of 95 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Hwy Office Building (MSPM 18-009) APPLICANT: Exsorro One, Inc. APPLICANT'S ADDRESS: 217 N. Seacrest Blvd. Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2018 APPROVAL SOUGHT: Approve the 1320 S. Federal Hwy. Office Building Major Site Plan Modification to construct a 10,898 square foot structure and associated site improvements. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X 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 X 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\1320 S. Federal Hwy Office Bldg\MSPM 18-009\Staff Report\MSPM18-009 DO.doc Page 85 of 95 7.7.E. New Business 9/25/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/25/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve 1320S. Federal Hwy. Office Building Height Exception (HTEX 18-001) to construct an office building in a MU-1 (Mixed Use 1) zoning district with architectural features up to 54'-10" in height, 9'-10" above the maximum allowable height. Applicant: Exsorro One, Inc. EXPLANATION OF REQUEST: The proposed building is designed as a three (3)-story structure with roof access, a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal Highway with an extensive setback to the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8" feet. Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU-1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The ultimate project will contribute to permit and business tax revenues, and the City's property tax base. 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 86 of 95 ATTACHMENTS: Type Description D Staff Report Staff Report (HTEX 18-001) D Location Map Exhibit A- Location Map D Location Map Exhibit B - Plans D Conditions of Approval Exhibit C - Conditions of Approval D Development Order Development Order Page 87 of 95 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-060 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, Principal Planner DATE: September 5, 2018 PROJECT: 1320 S. Federal Highway Office Building (HTEX 18-009) REQUEST: Approve 1320 S. Federal Hwy. Office Building Height Exception to construct an office building in a MU-1 (Mixed Use 1) zoning district with architectural features up to 54'-10" in height, 9'-10" above the allowable maximum height. PROJECT DESCRIPTION Property Owner: Exsorro One, Inc. Agent: Christi Tuttle, Miller Land Planning Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit "A": Location Map) Existing Land Use: Office Commercial (OC) Existing Zoning: C-1 Office Professional Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU-1 Mixed Use 1 Acreage: 0.51 acre Page 88 of 95 Page 2 1320 S. Federal Hwy Office Building HTEX 18-003 Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. BACKGROUND The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed use project with office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential use is not part of the subject request. Instead, the applicant proposes a three- story structure to be predominantly occupied by medical offices (fora total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. In addition to FLU amendment, rezoning and a major site plan modification, the request includes an application for height exception. All applications are being processed concurrently (see respective staff reports.) ANALYSIS The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance 2 Page 89 of 95 Page 3 1320 S. Federal Hwy Office Building HTEX 18-003 to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal Highway with an extensive setback to the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stir towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The Land Development Regulations, Chapter 3, Article III, Section 5.C.1, Mixed Use (Urban) Districts Building and Site Regulations, limits all structures located within the MU- 1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8" feet. Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU-1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. As evidenced by previous approvals, this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception and the distance separation from other commercial or industrial structures. The sizeable distance to the nearest residential structure further diminishes any potential incompatibilities associated with this request and allows the roof deck of building to be accessed and shaded during use. RECOMMENDATION Staff has reviewed this request for a Height Exception and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit"C" —Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 18-001\HTEX18-003 1320 S. Federal Highway Staff Report.docx 3 Page 90 of 95 Exhibit A LOCATION MAP �SE12t1 ` {{ rE t 1111 is t t�s wv „ t c Snug Harbor Dr r vt � N c1 JJ Ilti � � Ztdtr ,fAlS iyy$3CPhk ' F�� Pzivt �Wp t t �s r ` (I�r'� 1��5 n IM ) � S it - ,i•� ` tEl*pp� , ••�>3I'N�� - H 3t i 1 s r t ,E E Woolbright RdG Legend N CMTCEA Boundary 0 25 50 d ,ot91 5 Exhibit B r z 2� fr o i � �,,] 00 i Ipl,, SII � I ------ Q, r Z w J w I I , It I LU u LL fr,a Uuj z; U- 0 1 a II a 1 " Page 92 of 95 °3,a3s3as��°U) +� c£t££'1VH:)VHHNOII IOH (D Z lowa L�Y1H'IHHHQ33 HZ-`lOS OZ£I Z 0 ppw �bAMJddV Wd 311S r s p m w tt r.. 301=1=J0 H1f10S OZ£L o o 4 w 00 ��aro a,� zoo o�oz oo o, pyo w aJz �a a a'o��moo �'qa W �wJ o oz OZ ¢3»o ¢3-o< Ho W �o 3 Z o ISM o aaaa o Zia '', "o 'o'o «a< 9 s O Bill KEE- FF T- T- I sl o e � al mo � 0 0 Z Z o o Page 93 of 9 EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Hwy. Office Building File number: HTEX 18-003 Reference: 31d review of plans identified as a Maior Site Plan Modification & Height Exception with an August 20, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: None PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 18-001\ExhibitC_HTEX 18-003 COA.doc Page 94 of 95 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Hwy Office Building (MSPM 18-009) APPLICANT: Exsorro One, Inc. APPLICANT'S ADDRESS: 217 N. Seacrest Blvd. Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2018 APPROVAL SOUGHT: Approve the 1320 S. Federal Hwy. Office Building Height Exception to construct an office building in a MU-1 (Mixed Use 1) zoning district that has architectural features up to 54'-10" in height, 9'-10" above the allowable height maximum. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X 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 X 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\1320 S. Federal Hwy Office Bldg\HTEX 18-001\HTEX18-003 DO.doc Page 95 of 95