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Agenda 03-27-18
CITY OF BOYNTON BEACH 4 PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, March 27, 2018 TIME: 6:30 PM PLACE: City Hall Chambers 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business A. Approve Telecommunications in Public Rights-of-Way (CD RV 18-001) - Amending Part I I I Land Development Regulations Chapter 3. Article V. Section 12. Amateur Radio and Television Antennas and Section 13. Wireless Communications Facilities (W CF) for consistency with FCC requirements and with the State's Advanced Wireless Infrastructure Deployment Act. City- initiated. B. Approve Major Site Plan Modification (MSPM 17-001) request for 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district.Applicant: John Lyon, Olen Properties. 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk of her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND Page 1 of 55 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 55 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-021 TO: Chair and Members Planning & Development Board FROM: Kathleen Hatcher Senior Planner DATE: March 20, 2018 RE: Approve (CDRV 18-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations: Section 12. Satellite Earth Stations and Antennas to insert provisions for HAM radio towers and antennas consist with FCC requirements, and Section 13. Wireless Communications Facilities (WCF) to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates WCF within public rights-of-way. EXPLANATION The above-referenced code revisions are necessary in order to update the Land Development Regulations to correspond with proposed amendments to Part II of the City Code of Ordinances, Chapter 25.1 "Communications Rights-of-Way". On June 23, 2017 the Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations regarding communications facilities in the public rights-of-way. The proposed amendments to the Code of Ordinances Part II Chapter 25.1 Communications Facilities in Rights-of-Way implement the new regulations of the Act. Further amendments are necessary to Part III Land Development Regulations so that WCF regulations in the LDR do not conflict with the Part I I amendments. Proposed code revisions to Part II of the City Code of Ordinances establish uniform standards and guidelines for the siting, design, and permitting of communication towers, communication antennas, and wireless communication facilities sited within public rights-of- way. The proposed amendments also establish review procedures to ensure that applications for towers and related equipment are processed consistent with state and federal law. The proposed regulations require that individuals and entities seeking permits to conduct any type of excavation, construction or other activity for communications facilities in public rights-of-way do so in a safe, expeditious, and professional manner to protect the public health, safety, aesthetics, and general welfare in the community. The recommended amendments also seek to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Current regulations in the LDR allow wireless communications facilities (WCF) to be located in public rights-of-way as "non-concealed attached WCF" which are antennas attached to utility poles and freestanding lights at least 40 to 50 feet in height, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. With the ever- increasing public demand for capacity, speed, and reliability, wireless carriers are now reducing the traffic on each macro-cell tower site by building a number of smaller sites with shorter transmission Page 3of55 and receiver distances. These microcell towers are typically one-half the height of a standard cell tower and placed closer together to provide more consistent coverage to areas. There are currently no applications formally submitted to the City for the new technology of microcell towers within rights-of-way, but there is interest and applications are expected in the very near future. These code amendments would provide standards whereby microcell structures can be allowed while preventing negative impacts on the character of residential neighborhoods or property values, or any threat to public safety. Proposed revisions to Part II Chapter 25.1 include design standards that require communications facilities within rights-of-way to be placed underground or to be designed as concealed (stealth) microcell towers where the antennas and associated equipment are housed within the base of the pole or the pole itself (see attached exhibits for examples) and they do not exceed the height of adjacent utility or light poles in the right-of-way. The proposed revisions to the LDR would also expand Chapter 12 to amend the regulations on television antennas and amateur ham radio antennas to update terminology, restrict the number allowed, and establish height limits and setbacks while respecting preemption regulations by the Federal Communications Commission (FCC). The FCC's "PRB-1" is their declaratory ruling requiring that local zoning laws reasonably accommodate amateur antennas and support structures with minimal regulation and without unreasonable restrictions. It further reads that such regulations "...must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose". Due to the vague character of the FCC regulation, some jurisdictions have avoided any specific standards applicable to HAM towers and antennas and merely reference their objective to accommodate such communications systems consistent with the FCC directives. While many other cities and counties have adopted quantifiable standards as well as the provision to consider tower applications that fail to comply with such standards through the reasonable accommodation process. Staff has drafted amendments consistent with this latter format of regulations to provide some limits and structure as well as to ensure ultimate compliance FCC PRB-1. Additional revisions to the LDR Chapter 13 Wireless Communications Facilities (WCF) refer applicants to Part II Chapter 25.1 for all regulations pertaining to WCF within public rights-of-way. The WCF revisions also clarify that non-concealed attached WCF are now only those located on publicly or privately-owned lots (not in public rights-of-way) and would be limited to poles at least 50 feet in height (such as ballpark lights). In addition, non-concealed WCF would not be allowed in residential zoning districts and would be limited to a height increase of ten (10) percent of the pole height when antennas are attached. PROPOSED AMENDMENTS A summary of the proposed amendments are as follows: Section 12 - Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • Allow Amateur Radio/CB antennas as accessory only in conjunction with a single family use; • Simplify / clarify height standards for Citizens Band and TV towers by including only one standard for both freestanding and mounted towers, and maintaining maximum height as a factor of roof height (maximum of 15 feet higher than the roof (peak) height up to 40 feet); • Insert provisions for reasonable accommodation for HAM tower applications that fail to satisfy the development standards, in compliance with FCC requirements; -2 - Page 4 of 55 • Maintaining setbacks for amateur radio/CB antenna support structures consistent with the structure setbacks in the zoning district, and establish a minimum setback from easements of 10 feet; and, • Exempt TV satellite dishes 40 inches or less in diameter for single-family residential districts. • Clarify requirements (process, number, location, setbacks, screening, and height) for single- family/duplex districts, multi-family residential district, and non-residential and mixed use zoning districts. Section 13 - Wireless Communications Facilities (WCF) • Reference WCF in public rights-of-way are subject to regulations of Part I I Chapter 25.1; • Revise non-concealed attached WCF to be on poles a minimum of 50 feet in height located on publicly or privately owned lots (not in rights-of-way); • Update tables to prohibit non-concealed attached WCF in residential zoning districts; and, • Update tables to add the recently approved new MU-4 zoning district. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to Chapter 3 Article V Sections 12 — 13 of the LDR to implement new state legislation known as the Advanced Wireless Infrastructure Deployment Act and establish review procedures to ensure that applications are acted upon consistent with state and federal law. Proposed amendments to these regulations are to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Attachments -3 - Page 5of 55 ATTACHMENT "A" Land Development Regulations, Chapter 3, Article V, Section 12: Section 12. satellite Earth Ctations and- Antennas. Amateur Radio and Television Antennas A. Type-R. For the P61FPE)re Of G!aFmfymRg regulatiORS, -aptepp-ae are hereby into two (2) groups. Group A aRteRRae _are ther0e th-at fit MgithiR a GRe (1) meter G61be, Group R antenn-e _re those th-t Miill not fit Mgithin a one /'I\ motor ni the -R. Re its Required. We sate."Ote d-ish apte.ppa Shall -he insta"p-d- or nhtaining a Permit fro Wl the nits Satellite dish apte.ppae_ Shall ruenfOXFn With PFE)VOSOORS of Chapter 4, AFtiGIR_ IX of the F=lp-.rmd--;; _R,_,iId_.ipg �niith env sten`•7er`•7s set forth in Chic senting in �nihinh nese this senting shell nnntrnl i ode. Af the COMMissinn rl �-nhihi�inns Nin p4tpronr dosh ;;Atpnn;; may be used for display OF P61FPE)rer, 2 Portable Group R sarewrite aTir-,h _are et elln;nip_d = Alnnnnnfnrming40.93h tR_.RR a pFE)perlypeFmitted Prier to April it 1995 Fnap son F-.A. Amateur Radio/Citizens'Band(CB) and Television (TV) Antennae. diStFiGt height FegulatiGR by teR (10) feet, b6it OR AG iRGt_A.RGR_, Rqay aR aRteppaaes- exroes-eadd the re-of height by more th-AP flfteeP (1 F) foot\ 1. Purpose and Intent. The purpose and intent of this Section is to provide for the safe and effective installation and operation of amateur radio, citizens band radio, and television antenna support structures, and the beam, satellite, or other antennas installed on those support structures. It is also the purpose and intent of this Section to provide for a reasonable accommodation of amateur (a.k.a. HAM) radio communications, in accordance with Parts 95 and 97 of Chapter 1 of Title 47 of the Code of Federal Regulations, while reflecting the City's legitimate interest in protecting and promoting the health, safety, welfare, neighborhood aesthetics, and morals of its citizens. Page 6 of 55 2. Applicability. Towers and antennas regulated by this section shall be considered accessory uses, allowed only in conjunction with a single-family dwelling, 3. Reasonable Accommodation. All amateur radio towers and antennas that do not meet the standards of this section are eligible for consideration through the reasonable accommodation process. 4. Number. A maximum of one (1) amateur radio/citizens band radio antenna and a maximum of one (1) television antenna shall be allowed on a residential lot; 5. Height. a. Television and citizens' band broadcasting antennae may extend up to forty (40) feet in height, but in no instance may an antenna exceed the roof height (roof peak) by more than fifteen (15) feet. b. Amateur radio towers and antennas may be allowed up to a maximum of sixty (60) feet only when in use (also see section A.6.b below). 6. Additional Standards for Amateur Radio Towers. To minimize the visual impacts and hazards of antenna towers, towers for amateur radio communications shall be designed and stored as follows: a. Guy wires may only be used if not visible from the abutting roadway. b When not in use, towers and antennas shall be retracted or lowered to a minimum of 40 feet, but no greater than 15 feet above the roofline nearest to the tower. C. Towers shall be lowered to a ground-mounted position, and antennas removed upon notice from the weather service of a hurricane watch. The height of the lowered and anchored position shall be less than the setback distance from the adjoining property line. 7. Location. Amateur radio, citizens band, and television towers shall be located in the rear yard and shall not be located forward of the front building line or within an easement. Towers that extend 15 feet or less above the roofline may be located in an internal side yard; 8. Setbacks. a. Except where otherwise allowed in Section 12, Antenna support structures shall be located to comply with the district setback standards. If the existing setback of the principal structure is at or less than the minimum setback for the district, the tower may encroach up to 5 feet into the required setback. b. The support structure or any element thereof shall be set back a minimum of ten (10) feet from any easements. C. The antenna component of the communication system may encroach up to 5 feet into the minimum required setback. -2 - Page 7 of 55 d. Antenna support structures shall be located on the property so as to provide adequate setbacks from above-ground utility power lines other than applicant's service lines as follows: (1) Setback a minimum distance equal to 50 percent of the height as calculated from grade to the highest point of the antenna support structure and its antenna; or (2) The owner shall submit a fall zone letter from a registered engineer certifying the design wind load and that the radius around the base of the tower potentially impacted by any possible failure in the tower is within the subject property and clear of any utility lines. 9. Permits. No amateur radio, citizens band radio, and television antenna support structures shall be installed or modified without first obtaining a permit from the city. 10. Nonconforminq. Amateur radio, citizens band radio, and television antenna support structures properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed, or modified �+�without bringing the entire installation into full compliance with this section. G. dQt�"+e C Cu tin nc c�+�"+o dish gyp,+ p,�e "p,��I,Ir� +o o gle f�R* c r'� � -rvn� i 'rcc-aT �rrreFlrrc�c-iii ��rve�v��vFl�gn�urrmY OF d ,oleo homes m,,ct aIco nomohi Yeiith the fG.119�niiog reg,uremeotc• e+gh4 Flo part of aR y t to _Aot o_A "o llatiGR may t d heyeRd Oho r, satellite zmseFl,�—irT exzeFlca—acc�vrrc�—cr,c peak of the Feef 9F height of the R__AVR_ IiRe of the uppem;est fleeF of aRy GiRgle family 9F dinlev home 2. _rg,.p, Q 1_FE)u r� seN'trc��l �r"'rseFl"rrc'«%;h;;"z �be ffee p,rl i p,g' g, ;a a. SGFeeRiRg. 41I Grolo 9 sate41;to dish all -he ssreeeedo_.o thTr ee total height of the moi inter! dish t Ci�p For All Group Q aRt o� of nomohi With ROR �. 1=eTOTCG. eFlr,a�-IvrSF�2 I�'� �A,�rr,g regi ilatinnc (1) Shall FequiFee site pl-;;pTeyi it ennorrlerino with Ghap teF 2 / Frim eeIT aestz?F. (2) IR multi di��tS, nnhi one (1) GFe in R Satellite dish�teq�T� evneer7 the maximi im -allowable height of the dictrint in mghinh it is Inn;;ter! (3) A GF96ip Q satellitedi �epr of_way nr residential dictrint -3 - Page 8of 55 (4) Group _R dish tepnee �Xhinh are me inter! nn a tp_ eXer -nr7 Sed- for rue m,,Amr_;;tmnA r-C)PARr-tion with the operatmOR Of a bluismAR-.53.5; shall provide reasonable B. Satellite Dish Antennas 1. Applicability. All satellite dish antennas shall be governed by the standards of this Section unless exempted below or regulated as part of an amateur radio antenna. 2. Exemptions. In single-family residential zoning districts, satellite dish antennas 40 inches or less in diameter shall be exempt from these requirements. 3. Standards. A. Single-Family and Duplex Residential Districts. Satellite dish antennae that exceed 40 inches in diameter and are located within residential districts shall comply with the following regulations: (1) Number. A maximum of one (1) satellite dish antenna over 40 inches in diameter shall be allowed on a residential lot; (2) Location. Satellite dish antennas shall be mounted on the wall, ground, or a support structure in the side or rear yard and shall not be located on a wall facing the front property line or within an easement; (3) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; (4) Screening. Satellite dish antennas, if located in the side or rear yard, shall be screened by an opaque fence or hedge; and, (5) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district. b) Multi family DWelliRg IJRmtg-; -;;Ad- NOR-FeSideRtial 1j'sp-mr-, -;;Ad- DkstFiGts. Satellite ddimsh antennae (1) hull requiresitl�nen rev i in ennnrrlenne with Chapter A-tiGle SestGz?F.; (2) IR m6 i!ti family dictrintc 0 r\gnhi gne (1) Gr9 6 1Q satellite rush -antenn- is evneer7 the maximi im -allowable height of the distrint in m4hinh it is Inn;;ter! (3) A GFni inn B satellite di.sh enrte.pnra installed in ce�nr Fight- of way gr reside.pti-aI distrint (4) GFni inn _R Satellite drish m4hinh are me int n_n atp_mv4er -enrr Ge-d- felp ron-mim.-Hipiro-atielp ip rGeipperotielp the opeFatmOR Of -A blulsi%ss shall pFevide Fease A-;;-hie -4 - Page9of 55 B. Multi-family Residential Districts. Satellite dish antennae located within multi-family districts shall comply with the following regulations: (1) Process. Shall require site plan review in accordance with Chapter 2, Article II, Section 2.F.; (2) Number. Only one (1) satellite dish antenna is allowed per unit. (3) Location. The satellite dish antenna shall not be located on the roof. (4) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; and, (5) Screening. Satellite dish antennas shall be completely screened from view of rights-of-way and adjacent residential districts by an opaque wall (including parapet walls), fence, or hedge, or combination thereof. (6) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district in which it is located; C. Non-residential and Mixed Use Districts. Satellite dish antennae located within non-residential and mixed use zoning districts shall comply with the following regulations: (1) Process. Shall require site plan review in accordance with Chapter 2, Article II, Section 2.F.; (2) Location. Satellite dish antennas shall be wall, roof, or ground mounted, and shall not be located in the front or side corner yard; (3) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; (4) Screening. Satellite dish antennas shall be completely screened from view of rights-of-way and adjacent residential districts by an opaque wall (including parapet walls), fence, or hedge, or combination thereof; and, (5) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district in which it is located. 4. Nonconforming. Satellite dish antennas properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed, or modified without bringing the entire installation into full compliance with this section. -5 - Page 10 of 55 ATTACHMENT "B" Land Development Regulations, Chapter 3, Article V, Section 13: -6 - Page 11 of 55 ATTACHMENT "B" PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING, ARTICLE V. SUPPLEMENTAL REGULATIONS, SECTION 13. WIRELESS COMMUNICATION FACILITIES (WCF) Section 13. Wireless Communications Facilities (WCF). WCF means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, or wireless data transmission/reception, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. WCF include developments containing new, mitigated, pre-existing antenna support structures, or co- location on existing antenna support structures, and include attached WCF, concealed WCF, and non- concealed WCF. A. General Provisions. 1. Purpose and Intent. The purpose of this ordinance is to establish minimum development standards for the regulation of commercial WCF and their related accessory equipment and buildings. The intent of this ordinance is the following: a. Promote the health, safety, and general welfare of the public by regulating the siting of WCF; b. Control placement of WCF in a way that minimizes the visual impact to nearby properties by locating them in areas where the impact on the community is minimal; c. Implement the provisions of the Telecommunications Act of 1996 at a local level; and d. Maximize the opportunity for the shared use of new and existing WCF through co-location, in order to reduce the number of new WCF needed to serve the community. 2. Administration. The Director of Planning and Zoning or designee shall be responsible for the overall coordination and administration of this section. 3. Applicability. Except as otherwise specifically provided herein, the installation, construction, or modification of proposed and existing WCF shall be subject to the regulations of this section. However, WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended. 4. Exemptions. The following are exempt from the provisions of this section: a. Noncommercial Antennas and Satellite Earth Stations. Noncommercial amateur radio antennas and satellite eat4h station dish antennas are subject to the provisions of Section 12 of this article. b. City-owned WCF on Public Property or Right-of-Way. If this section would prohibit City-owned WCF from being located at a specific site, and WCF are required to protect the public welfare or safety, the applicable criteria of this section may be exempted by the City Commission, except as otherwise required by Florida Statutes. In such cases the Commission shall make a finding of fact indicating the justification for the exemption. 1 Page 12 of 55 c. Temporary Facility. (1) State of Emergency. Temporary, commercial WCF, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the City Manager, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to sixty (60) days after the duration of the state of emergency. (2) Special Event. Temporary, commercial WCF, utilized in conjunction with coverage of a special event, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to one (1) week after the duration of the special event. d. Radio and TV Broadcasting. Antenna support structures, antenna, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the FCC shall be regulated in accordance with the Use Matrix of Chapter 3, Article IV, Section 3.C. as an industrial service use. 5. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. B. General Standards. Where allowed as provided in Table 3-29 (Zoning Districts and Affiliated Process) herein, the following development regulations shall apply to all new, mitigated, co-located, or combined wireless facility installations. 1. Pre-Existing WCF. Any WCF which legally existed prior to the effective date of this ordinance are considered permitted nonconforming uses and structures, and shall be deemed pre-existing WCF. Additions to or enlargement of any pre-existing nonconforming WCF shall be required to comply with this section and shall be governed as follows: a. Routine Maintenance. To encourage the use of existing facilities, such nonconforming status shall not prevent the routine maintenance on nonconforming WCF, or prohibit the placement, modification or relocation of any antenna on any such WCF. b. Modifications. Despite any provision of this section to the contrary, the City may allow nonconforming WCF to be repaired, reconstructed, replaced, or increased in height upon a demonstration by the applicant that the new or modified WCF complies with the current regulations to the maximum extent practicable, while achieving an overall public benefit in terms of the provision of services. 2. Additional Uses on Lot. WCF may be located on a leased parcel of a conforming lot containing a lawful principal use. Separation between WCF and other uses on the lot may be required to ensure compatibility. 3. District Height Limitations. The requirements set forth herein shall govern the location of WCF that exceed, and antennas that are installed, at a height in excess of the building height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to WCF regulated by this section, and WCF shall not require an exception to the building height limitations. 2 Page 13 of 55 4. Equipment Cabinets. Cabinets and equipment shelters may be provided within the principal building, behind an approved screen on a rooftop, or on the ground within the fenced-in and screened equipment compound , depending on the type of WCF. Cabinets and equipment shelters shall not be visible from pedestrian views and shall be fenced and screened as required below. a. Storage. Equipment shelters shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). Mobile or immobile equipment not used in direct support of WCF shall not be stored or parked on the site of WCF, unless on a temporary basis while repairs are being made to WCF. No outdoor storage yards shall be allowed in WCF equipment compounds. b. Unmanned. Equipment shelters shall be unmanned and not used as habitable space. 5. Equipment Compound Enclosure. All equipment compounds on the ground, with the exception of concealed attached stealth WCF integrated into the architecture of a building, shall, at a minimum, be enclosed with a fence eight (8) feet in height. To effectively screen the equipment compound in residential districts and in any district where the equipment compound is visible from a public right-of-way, the enclosure shall consist of a masonry wall eight(8) feet in height, constructed in accordance with the community design standards (see Article III, Section 3.E.). For public safety, access to WCF shall be through a locked gate. 6. Landscaping. Landscaping around the perimeter of ground equipment shall consist of a landscaped strip wide enough to accommodate trees, shrubs, and a fence or wall enclosure installed around the outside of the entire equipment compound. The general landscape standards shall be consistent with those of Chapter 4, Article II, Landscape Design and Buffering, Section 4.A (City- Wide Standards), except that the shrubs are required to be a minimum of three (3)feet in height at the time of installation. Water-wise trees with a minimum of four (4) caliper inches shall be spaced every twenty (20) feet on center within the landscape strip. Additional landscaping may be required around the perimeter of a wall or use of a screening fabric around the perimeter of a fence to maximize compatibility with adjacent properties. An alternative design may be allowed with respect to proposed buffering components, tree spacing, and plant material, provided that such alternate landscape plan is approved in accordance with Chapter 4, Article II, Section 5 (Alternate Compliance). Irrigation, maintenance, and replacement of required landscaping shall be the responsibility of the owner of the WCF. On City-owned properties, required WCF landscaping shall be maintained by the City or its designated landscape contractor, and the owner of the WCF shall be required to pay an annual landscape maintenance fee to the City. 7. Parking. A minimum parking space requirement for WCF is not required, however access to WCF must be provided, and temporary off-street parking as part of a principal use on site may be utilized. 8. Signage. Except as otherwise permitted in this ordinance, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a WCF, antenna, equipment building, or security fencing other than as required by FCC regulations or other applicable law. Warning signs of"NO TRESPASSING" and "HIGH VOLTAGE—DANGER" shall be installed at least five (5) feet above the finished grade of the fence or wall and shall not be obstructed by landscaping. 3 Page 14 of 55 9. Lighting. Except as otherwise permitted in this ordinance, no signals, lights or illumination of any kind shall be permitted on or directed toward any WCF unless required by the FCC, the FAA, or other appropriate public authority. Any security lighting for on-ground facilities and equipment shall be in compliance with Chapter 4, Article VII(Exterior Lighting Standards) of the LDR. 10. Generators. Generators may not be used as a primary electrical power source for a WCF. Generators may be used for temporary power prior to receipt of a CO and not to exceed thirty (30) days. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Any and all generators used for WCF shall control the noise level by use of a silencer or other device that will reduce the noise level to no more than 70 decibels. All generators or alternators used on site shall use propane fuel. Subj ect to the approval by the Director of Utilities and the Director of Development, the use of diesel powered emergency generators may be permitted where more than three (3)providers have co-located on a WCF. 11. Structural Standards. WCF and their equipment compounds shall be constructed and maintained in conformance with the Florida Building Code, specifically Chapters 15, 16, and Section 3108 for construction and design loads. WCF shall be designed to resist wind loads in accordance with TIA/EIA-222, the federal standards for Steel Antenna Towers and Antenna Supporting Structures. In addition, all accessory equipment buildings, cabinets, or structures, or modifications to WCF shall require building permits and inspections. Design documents for towers, antennas and other structures required to meet wind loads shall bear the raised seal and signature of an engineer licensed and registered in the State of Florida. All work such as clearing and grading, driveway construction, and installation of WCF and enclosure shall be permitted in accordance with the applicable sections of the LDR. 12. Hazardous Location. WCF are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed WCF includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals, unless the City Fire Marshal determines that the proximity of the WCF does not pose any danger or risk of explosion or fire or unless used for backup power purposes. C. Attached WCF. Attached WCF are an antenna or antenna array that are secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure, a4aehed to titi4y poles within, ght of way. Attached WCF are considered to be an accessory use to the existing principal use on a site. 1. Concealed Attached WCF. Concealed attached WCF, sometimes referred to as camouflaged facilities, are WCF, including their ancillary structures or equipment compounds, that are not readily identifiable as such, and are designed to be aesthetically compatible with existing and proposed buildings and uses on a site. Examples include, but are not limited to the following: screened antennas that blend with and are incorporated into existing architectural features of a building such as a church steeple, bell tower, clock tower, or cupola. WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part 11, Chapter 25.1, as amended. a. Height. WCF shall only be allowed on buildings at least forty (40) feet in height, not to exceed more than fifteen (15)feet above the roofline. 4 Page 15 of 55 b. Setbacks. WCF shall be located within the buildable area of the lot and not within the front, rear, or side yard building setbacks, and subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply. c. Design. Feed lines and antennas shall be designed to architecturally match the facade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. Existing conforming building element structures (excluding towers) in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces. d. Ground Equipment. Equipment buildings shall not exceed a total of 500 square feet and shall not exceed eight(8)feet in height. e. Rooftop Equipment. Rooftop equipment shall not occupy more than 25% of the roof area and shall comply with the exterior building and site design standards (see Chapter 4, Article III, Section 3.A.9). 2. Non-concealed Attached WCF. Non-concealed attached WCF are wireless communication facilities that are readily identifiable as such. &Eafnples inelude antennas a**. elie,a tO Utility p0les afid a. Location. WCF shall be allowed on City-owned real property standar- (such as existing ball park light poles),where the aplie nt has aee eat with the- subject to approval of the City and/or- t - ey designeeand/or- the ;, or on privately-owned property. WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended. b. Height. WCF shall only be attached to poles 50 feet or more in height, provided that the total length of any antenna does not exceed 10% of the height of the existing pole. The total height shall be determined by the highest point of any and all components of the structure, including antennas. e. Equipment Cabinets. Eqttipment eabinets er- eempetinds fer- 3AIGF tinder- this stibseetien shall be designed and laeated in stieh a manner- as to not intei:lPer-e with the subjeet right of way D. Freestanding WCF. Freestanding WCF are any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna support structures. 1. Generally. a. Determination of need. No new or mitigated WCF shall be permitted unless the applicant demonstrates that no existing WCF within applicant's coverage area can accommodate the applicant's proposed use; 5 Page 16 of 55 b. Co-location. All new or mitigated WCF up to 80 feet in height shall be engineered and constructed to accommodate no less than two (2) antenna arrays. All WCF between eighty-one (8 1) feet and one hundred (100) feet shall be engineered and constructed to accommodate no less than three (3) antenna arrays. All WCF between one hundred one (101) to one hundred fifty (150) feet shall be engineered and constructed to accommodate no less than four (4) antenna arrays. c. Separation. A minimum separation distance of 750 feet shall be required between proposed and existing freestanding WCF. A waiver or reduction of separation distance between WCF may be approved by the City Commission based upon the inability to co-locate on existing structures, the need to have more than one (1) WCF, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial evidence that the waiver request meets one or more of the following criteria: (1) Locational requirements/limitations as established by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or the Public Service Commission (PSC), if any; (2) Identification of a more appropriate site that does not meet the separation requirements above, by analysis of factors such as distance from residential uses, existence of permanent screening and buffering, and location within a large area of commercial or industrial use; (3) To avoid the location of a tower on environmentally sensitive land, a wilderness area, a historical site, or other sensitive area; or (4) To reduce the impact on adjacent residential uses. d. Design. New antenna support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. e. Clearing and Grading. Clearing and grading shall be minimized and limited only to the area necessary for the new WCF and done in accordance with city regulations. f Access. Each site shall have access from an improved right-of-way provided by a driveway approved by the City. The driveway shall extend from the street to an appropriate location on the premises where a vehicle would need to be parked to facilitate normal maintenance of the facility. g. Height. Maximum height shall be measured from ground level to the highest point of the WCF, including any antenna. Height limit shall exclude lightning rods or lights required by the FAA that do not provide support for antennas. h. Safety. All support structures shall comply with the requirements of the Florida Building Code and safety standards contained in the Electronics Industries Association/ Telecommunications Industries Association (EIA/TIA) document 222-F, "Structural Standards for Steel Antenna Towers and Supporting Structures," as amended. i. City's Option to Co-locate. The City shall have the option, through an agreement with the owner of the WCF, to co-locate emergency/public safety equipment on any proposed non- 6 Page 17 of 55 concealed freestanding WCF within the City's jurisdiction, provided that the co-location of antennas does not interfere with the normal operation of approved WCF. Reserved space on new non-concealed freestanding WCF, including reserved ground space for equipment, shall be required for future City co-location, and shall be noted on plans. 2. Concealed Freestanding WCF. Concealed freestanding WCF, sometimes referred to as stealth facilities, are WCF (including their ancillary structures, or equipment compounds) that are not readily identifiable as such, and designed to blend into the surrounding environment and be aesthetically compatible and in proportion with existing and proposed buildings and uses on a site. WCF sometimes have a secondary, obvious function such as a flagpole, light pole, or tree. a. Residential districts. In residential districts, as indicated on Table 3-29 herein, new WCF shall only be permitted on lots with a minimum lot size of one (1) acre, containing only non- residential uses, including but not limited to, schools, churches, fire stations, parks, and other public property. b. Height. Height shall be according to the zoning district in which WCF is located. (1) In all residential districts as indicated on the Tables in this Section, the maximum height shall be limited to 25 feet above the maximum building height of the zoning district. (2) In the PU and REC districts, the maximum height shall be limited to 100 feet. (3) In all commercial districts, the maximum height shall be limited to 30 feet above the maximum building height of the zoning district. (4) In all mixed use districts, the maximum height of concealed freestanding WCF shall be limited to the approved building height or a total of 70 feet, whichever is less. (5) In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID, the maximum height shall be limited to 100 feet, if located less than 1,000 feet from a residential use, and 150 feet if located if located in excess of 1,000 feet from a residential use. c. Setbacks. In all zoning districts where allowed, WCF shall be set back one-half the height of the antenna support structure from all property lines. However, in all instances, the minimum setback distance from the property line of any residentially zoned property or the boundary of a residential component within a mixed use pod, shall be at least one and one-half(1.5) times the height of the entire proposed WCF structure. d. Design. WCF shall be designed to blend into the surrounding environment and be aesthetically compatible and in proportion with building mass and existing features or landscaping on site. 3. Non-concealed Freestanding WCF. Non-concealed freestanding WCF are those facilities that are readily identifiable as such, and include, but are not limited to, the following: guyed, lattice, or monopole antenna support structures. 7 Page 18 of 55 a. Antenna support structure. WCF shall be limited to monopole type antenna support structures, unless the applicant demonstrates that such design is not feasible to accommodate the intended users. b. Height. The maximum height shall be limited to a total of one hundred (100) feet. However, the maximum height may exceed 100 feet, but shall not exceed 150 feet, if the subject WCF is located within an M-1 or PID zoning district, and located in excess of 1,000 feet from a residential use. c. Setbacks WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any adjacent residential use. d. Design. (1) Antenna support structures shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. (2) New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. 4. Mitigation of Existing WCF. Mitigation is a modification to an existing antenna support structure to increase the height, or to improve its integrity, or to replace or remove one or several antenna support structures located in proximity to a proposed new antenna support structure, in order to encourage compliance with this section or improve aesthetics or functionality of the overall wireless network. a. Determination of Need. WCF mitigation shall accomplish a minimum of one of the following: reduce the number of WCF; reduce the number of nonconforming WCF; replace existing WCF to reduce visual obtrusiveness; or replace existing WCF with new WCF to promote greater co-location opportunities or improve network functionality, resulting in compliance with this ordinance. b. Height. The height of WCF approved for mitigation shall not exceed the maximum height limitations of this section based on the type of WCF and the zoning district. Replacement WCF with an increased height shall require City Commission approval. c. Setbacks. New WCF approved for mitigation of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing nonconformity. d. Buffers. At the time of mitigation, equipment compounds shall be brought into compliance with the screening and buffer requirements of this section. 8 Page 19 of 55 e. Design. Mitigated antenna support structures shall comply with the provisions herein to reduce nonconformity and minimize adverse effects on the landscape and adjacent properties, with specific design considerations as to WCF type, height, scale, color, texture, and architectural design of the buildings on the same and adjacent lots. 5. Antenna Element Replacement or Repair. Any repair or replacement of an existing antenna or antenna array with another of like size and shape that will not alter the structural integrity of the support structure, shall be exempted from further review provided that a notarized certification shall be submitted by a qualified technician stating that the replacement will not alter the structural integrity of the support structure, and that any changes will not affect the electrical specifications. 6. Co-location. Co-location means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached WCF using different and separate antenna, feed lines and radio frequency generating equipment. a. Height. Co-located or combined WCF shall not increase the height of an existing antenna support structure. b. Setbacks. (1) Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on the type of WCF, and zoning district in which it is located. (2) Co-location of antenna on WCF approved prior to this ordinance may locate proposed accessory equipment buildings within existing equipment compound enclosures, provided the minimum established setbacks of existing WCF are met. c. Design. New antenna mounts shall be flush-mounted onto existing WCF, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. d. Buffers. At the time of installation of additional equipment to WCF, the equipment compound shall be brought into compliance with the screening and buffer requirements of this section. 9 Page 20 of 55 TABLE 3-29. Zoning Districts and Affiliated Process. Non- Non Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location s WCF 1 WCF 2 WCF 4 WCF 4 WCF 7 Replacement R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD R-3 AD AD CC 3 AD AD AD PUD AD AD CC AD AD AD IPUD AD AD CC 3 AD AD AD MHPD CC 3 AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU-L-1 AD AD CC AD AD AD MU-L-2 AD AD CC AD AD AD MU-L-3 AD AD CC AD AD AD MU-4 AD AD CC AD AD AD MU-H AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legend: AD -Administrative(Staff)Approval CC-City Commission(Public Hearing)Approval Blank-Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline. 2 Non-concealed attached WCF are allowed on titilitpeles and f eesta,,a:,,,.'i&s w41444 ^ ^4lie r& ^f way, stibjeet to rp ivate grope , or publicly-owned property, excluding public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. 3 Concealed Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use(school,church) 4 A minimum separation of 750 feet is required between freestanding WCF. Freestanding requires conditional use approval. In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID, the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. 5 Only when located on City-owned property of two (2)acres or more. 6 Restricted to a maximum height of 100 feet. A setback of three (3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on City-owned site and the lease requires each Tenant to have a separate lease with City (each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City Commission consent agenda). 10 Page 21 of 55 ZopAne m°s4-=i's: * 1 Singl ncsidoRlial G 2 NoighbeFheed commercial `MT—T Suburban Mixed,TTqp R 3 Molt: R��:,10.4t:,.l C 4 Goof o,-,.1 C...ry mo,-pial TETT Trvr�9 Miz�vc'lrT�s�vv..,---------- PI-ID is}-i Pla-mied Industrial Development G 4 Office pro�ssie^RPI-1 public 111sagoA41 est TABLE 3-30. Maximum Heights of WCF Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 55' 3,4 7 7 7 R-2 2- 55' 3,4 7 7 7 R-3 1 2- 55' 3,4 7 7 7 PUD 2- 75' 3,4 7 7 7 IPUD 2- 75' 3,4 7 7 7 MHPD 55' 3,4 7 7 7 C-1 2 55' 4 7 7 7 C-2 2 55' 4 7 7 7 C-3 1 2 75' 4 7 7 7 C-4 1 2 75' 4 7 7 7 CBD 1 2 130' 4 7 7 7 PCD 1 2 75' 4 7 7 7 REC 1 2 100' 4 100' 4,5,6 7 7 7 PU 1 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU-L-1 1 2 70' or less 4 7 7 7 MU-L-2 1 2 70' or less 4 7 7 7 MU-L-3 1 2 70' or less 4 7 7 7 MU-4 1 2 70' or less 4 7_ 7_ _7 M U-H 1 2 70' or less 4 7 7 7 PID_ 1 2 100-150' 4 100-150' 4 7 7 7 M-1 1 2 100-150' 4 100-150' 4 7 7 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height,not to exceed 15 feet above the roofline, and exclude public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. . 2 Non-concealed attached WCF are allowed only on„ta:, peles ^^' freestanding lights that are more than 40 feet in height rig4t ^4..a ,,,,,a'Gr 440„t;lit GR4p ,,.`or on existing ball park light poles that are more than 50 feet in height,excluding public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. . The total length of any antenna shall not exceed-14 10 percent of the height of the existing"tam light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use (school, church, etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district. 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 5 Only when located on City-owned property of two (2)acres or more. 11 Page 22 of 55 6 Restricted to a maximum height of 100 feet. A setback of three (3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. TABLE 3-31. Setbacks and Separation Between WCF Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 3,4 6 7 R-2 2- 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PFJ 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU-L-1 1 2 3,4 6 7 MU-L-2 1 2 3,4 6 7 MU-L-3 1 2 3,4 6 7 MU-4 1 2 3 4 6 7 MU-H 1 2 3,4 6 7 PID_ 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall be subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply. Excludes location in public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. . Non-concealed attached WCF are allowed on t4i!4 ^^'O^al4d f 0044 diff ligl4S W41444 a^446 r& ^f W^ Sttbj06t rip vate grope , or publicly-owned property, excluding public rights-of-way which are regulated by Part 11 of the City's Code of Ordinances, Chapter 25.1 as amended. 3 Concealed freestanding shall be set back one-half the height of the antenna support structure from all property lines, however, in all instances the minimum setback from the property line or the boundary of a residential component within a mixed-use pod, shall be at least one and one-half(1.5)times the height of the entire proposed WCF structure. 4 A minimum separation distance of 750 feet between proposed and existing freestanding WCF is required. 5 Nonconcealed freestanding WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2)times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts,the minimum setback distance shall be three (3)times the height of the WCF structure from the property line of any adjacent residential use. 12 Page 23 of 55 6 New WCF approved for mitigation of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing nonconformity. 7 Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on type of WCF, and zoning district in which it is located. E. Submittal Requirements. A completed application and filing fee with all required documents as specified on the application checklist, including but not limited to, signed and sealed site plans, antenna support structure elevations, and landscape plans shall be submitted to the Planning and Zoning Division. F. Approval Process. 1. Pre-application Meeting. Prior to leasing or purchasing facilities, the WCF service provider is required to meet with the Director of Planning and Zoning or designee to determine the type of approval process, and to review the merits of potential locations. 2. Administrative Approval. The approval of WCF subject to administrative review as identified in Table 3-29 shall be processed as a minor site plan modification in accordance with Chapter 2, Article II, Section 2.F.7.c. If the Director of Planning and Zoning or designee determines that the application and documentation fail to meet the intent of this ordinance, the City may, in writing, deny the request. Applicants who have been denied a request for a WCF may formally appeal such denial to the City Commission in accordance with Chapter 1, Article VIII. 3. City Commission Approval. Approval of WCF subject to City Commission public hearing review as identified in Table 3-29 shall be processed in accordance with Chapter 2, Article I, Section 4. 4. Review Criteria. The WCF shall comply with the regulations and requirements of this section. Notwithstanding compliance with the aforementioned, for WCF applications requiring public hearings, the City Commission shall also consider the following: a. Height of the proposed WCF; b. Nature of use(s) on adjacent and nearby properties; c. Surrounding tree coverage and foliage; d. Design of the WCF, particularly with respect to design attributes having the effect of reducing or eliminating visual obtrusiveness; and e. Proposed ingress and egress. 5. Conditions of Approval. In granting an approval, the City may impose conditions necessary to minimize any adverse effect of the proposed WCF on adjoining properties. G. Publicly-Owned Property. 1. Agreements. If an applicant requests a permit to locate a WCF on City-owned property within the permit granted hereunder shall not become effective until the applicant and the jurisdiction have executed a written agreement or lease in a form acceptable to the City Attorney 13 Page 24 of 55 setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the jurisdiction will be granted, and releasing the City from all liability regarding WCF. 2. Occupancy or Use. No permit granted under this section shall convey any exclusive right, privilege, permit, or franchise to occupy or use the publicly-owned sites of the jurisdiction for delivery of telecommunications services or any other purpose. a. No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property. H. Interference with Public Safety WCF. Whenever the City has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCF, the following steps shall be taken: 1. Notification. The City shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the City and among themselves to investigate and mitigate the interference if the WCF owner is operating outside of its FCC frequencies. 2. Reimbursement. If any WCF owner is operating outside of its assigned FCC frequencies, or if the FCC makes a determination that the WCF is operating outside of its frequencies and causing radio frequency interference with the City public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference due to operating outside of its licensed frequencies shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the City for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. L Annual Registration and Certification. WCF owners shall file annually with the Director of Planning & Zoning or designee a declaration as to the continuing operation (with active antennas) of their facilities located within the City. Said declaration shall include a listing of all WCF users, names, and mailing addresses, and any additional information deemed appropriate by the City. 1. Continued Structural Integrity. Within sixty (60) days following a catastrophic act of God or other emergency that affects the structural integrity of the antenna support structure, a certification of continued structural integrity (i.e., a statement that a thorough and complete inspection of WCF was conducted and WCF and ancillary facilities are and will continue to perform as originally designed), certified by a qualified and licenses professional engineer, shall also be filed with the Director of Planning& Zoning or designee. 2. Failure to File. Failure to timely file either the annual declaration or the certification shall mean that WCF is deemed to be abandoned, unused, or unsafe, thus subject to removal. J. Removal of Abandoned, Unused, or Unsafe WCF. The intent and purpose of this subsection is to address the compelling public interest in ensuring that WCF are promptly disassembled, dismantled, and removed once they are no longer used. There may be substantial risk that WCF may cease being used in 14 Page 25 of 55 large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating the need for antenna support structures. WCF that are abandoned or unused for a period of one hundred twenty (120) days shall be removed as follows: 1. Notice of Abandonment. WCF owners shall submit a copy of the "Notice of Intent to Abandon" required by the FCC to the Director of Planning and Zoning or designee, and remove its own equipment, including but not limited to the antenna support structure, antennas, generators, and service facilities or cabinets, within ninety (90) days of the cessation of use. WCF owners shall return the site to its natural state, or consistent with the current use of the land at the time of removal; or 2. Notice of Different Provider. WCF owners shall notice the Director of Planning and Zoning or designee that the provider's obligations for its equipment in the right-of-way or public easement or private property under this section have been lawfully assumed by another provider who will make actual use of the WCF within thirty (30) days; or 3. Proposal for Transfer to City. WCF owners shall submit to the Director of Planning and Zoning or designee a proposal and instruments for transferring ownership of its equipment to the City. If a provider proceeds under this clause, the City may, at its option: a. Assume ownership of the equipment for a ten ($10.00) dollar nominal consideration to provider; or b. Require the provider, at provider's expense, to remove it; or c. Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding sentence and which for six (6) months remains unused shall be deemed abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies and rights has at law or in equity, including but not limited to, (1) abating the nuisance, (2) taking possession of the equipment and restoring it to working condition, or (3) requiring removal of the equipment by the provider or by the provider's surety under any required maintenance bond ro rod by the Code of O-,a;,,.,nees 4. Exeeptions. WGF used for- other- pur-poses, ineluding but not lifnited to, light standards and the antenna stippai4 stpdettir-e itself be r-emoved or- abandoned as set fai4h above. K. Inspection. The City reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. Inspections shall be conducted by a registered engineer. Based upon the results of an inspection, the Building Official may require repair or removal of the WCF. Should the City have reason to believe WCF is not in compliance with applicable building and electrical codes, the City may conduct periodic inspections of the site to ensure structural and electrical integrity. 15 Page 26 of 55 7.B. New Business 3/27/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/27/2018 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Major Site Plan Modification (MSPM 17-001) request for 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district.Applicant: John Lyon, Olen Properties. EXPLANATION OF REQUEST: Mr. Dale Lyon with Olen Development is proposing a major site plan modification for 104 multi-family units (rental apartments) in 4, two-story buildings, and associated recreational amenities and site improvements on a total of 4.41 acres. Olen Development received major site plan modification approval in 2012 (application 12-003)for essentially the same project, however the 18 month approval period expired before the building permit could be issued. The project was resubmitted in 2017 and reviewed by staff when it was discovered that a note on the corresponding Quantum Park Plat requires buildings to be setback a minimum of 15 feet from any easement.As the plans were designed to place the buildings at or near the easements on the north and west sides, the review process was halted. The applicant decided their best course of action was to amend the plat to remove the note through a replat of Lot 52. The City Commission reviewed and approved the replatting request at their March 20, 2018 meeting.As such, the site plan was removed from hold, and scheduled for the appropriate hearings. The minimum required perimeter building setbacks in the PID zoning district are 30'for the front, rear and side corner yards and 20'for the side interior yard. The PID regulations allows for waivers to be requested of various development requirements including setbacks, based upon the submittal of justifications by the developer. The previous site plan approval (MSPM 12-003) granted setback waivers as follows: front (north)— 15', rear (south)—2', side corner (west)— 15', and side interior (east)—3'.After the project approval expired and a pre-application meeting was held with the applicant in preparation of resubmittal of project plans, staff requested the buildings be setback farther from the drainage lakes, in an effort to create a minimal rear yard for the units and to provide greater area for lake maintenance needs. The applicant revised the plans to increase these to a seven (7)foot rear and interior side setback, while maintaining the previously approved 15 foot setback against the road rights-of-way on the north and west sides, and submitted updated waiver requests to all required yard setbacks and justifications for the deviations. The justifications include the fact that the reduced setbacks do not abut any private properties, with the front (north) and corner side (west) property lines adjacent to street right-of-ways and the rear (south) and interior side (east) property lines abutting a Quantum Park drainage lake. Staff believes the impacts to be minimal and would not affect any private properties and based upon the applicant's justification, other similarly approved projects and City Commission approval of the Replat of Lot 52, and recommends approval of the Major Site Plan Modification and waiver requests. Page 27 of 55 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fees from permit applications and taxable improvements. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Drawings Landscape Plan 1 D Drawings Landscape Plan 2 D Drawings Existing Conditions Plan D Drawings Landscape Notes D Drawings Bldg. Type 1 Elevations D Drawings Bldg. Type 2 Elevations D Drawings Bldg. Type 3 Elevations D Drawings Unit Floor Plans D Drawings Paving, Grading & Drainage Plan D Drawings Water & Sewer Plan D Drawings Photometric Plan D Letter Applicant's J ustif ication D Conditions of Approval Conditions of Approval D Development Order Development Order Page 28 of 55 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-021 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: April 27, 2018 PROJECT NAME: Quantum Lake Villas West— Lot 52 Quantum Park (MSPM 17-001) REQUEST: Major Site Plan Modification for 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID(Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. PROJECT DESCRIPTION Property Owner: Secured Holdings, Inc. Applicant: Secured Holdings, Inc. Agent: Dale Lyon, Olen Development Corp. Location: SE corner of Gateway Boulevard and Park Ridge Boulevard (see Exhibit "A" - Site Location Map) Existing Land Use: DRI (Development of Regional Impact) Existing Zoning: PID (Planned Industrial Development), with Mixed Use land use option Proposed Land Use: No change to land use proposed Proposed Zoning: No change to zoning proposed Proposed Use: 104 Multi-family residential units (rental apartments) within 4, two-story buildings, and associated recreational amenities and site improvements. Acreage: 4.41 acres (192,199 square feet) Page 29 of 55 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 2 Adjacent Uses: North: To the north is right-of-way of Gateway Boulevard, then farther north is improved office and flex warehouse space being occupied by two (2) charter schools. To the northeast is right-of-way of Quantum Lakes Drive and then a Quantum Park drainage lake. South: Quantum Park drainage lake, then farther south Boynton Beach High School zoned PID (Planned Industrial Development); East: Quantum Park drainage lake, then farther east 2500 Quantum Office Complex zoned PID (Planned Industrial Development); and West: Right-of-way of Park Ridge Boulevard, then farther west Boynton Beach High School zoned PID (Planned Industrial Development). Site Attributes: The subject property is Lot 52 of the Quantum Park Development of Regional Impact (DRI), consisting of 4.41 vacant acres. The property has street frontage on Gateway Boulevard, Quantum Lakes Drive and Park Ridge Boulevard and abuts one of Quantum Park's drainage lakes along the south side and partially along the east side. The site contains live oak and black olive trees, as well as various palms including royal, medjool, chinese fan, and queen palms that will remain in place with the development of the site. The ficus and acacia trees on the site are to be removed and replaced with non-nuisance trees. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject property 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: Mr. Dale Lyon with Olen Development is proposing a major site plan modification for 104 multi-family units (rental apartments) in 4, two-story buildings, and associated recreational amenities and site improvements on a total of 4.41 acres. Lot 52 is part of the Quantum Park Development of Regional Impact (DRI), and has a Mixed Use (MU) land use option which allows for the development of dwelling units. Currently, 1,103 dwelling units of the total 1,905 units allowed under the DRI entitlements have been site plan approved. Because these units are approved under the DRI, there are no density limits established. The density for this particular project however is 23.58 dwelling units per acre. In addition to this request for a major site plan Page 30 of 55 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 3 modification approval, the applicant is requesting four (4) waivers to the setback requirements, as allowed within the PID (Planned Industrial Development) district regulations. Therefore, approval of the major site plan modification (MSPM 17-001) is contingent upon approval of the corresponding request for four (4) setback waivers. Previously, Olen Development received major site plan modification approval (12-003) for essentially the same project, however the 18 month approval period expired before the building permit could be issued. The project was resubmitted in 2017 and reviewed by staff when it was discovered a Quantum Park Plat note required buildings to be setback a minimum of 15 feet from any easement.As the plans were designed to place the buildings at or near the easements on the north and west sides, the review process was halted. The applicant decided their best course of action was to amend the plat to remove the note through a replat of Lot 52.The City Commission reviewed and approved the replatting request at their March 20, 2018 meeting.As such, the site plan was removed from hold, and scheduled for the appropriate hearings. ANALYSIS Concurrency: Traffic: The proposed project is located within the Quantum Park Development of Regional Impact(DRI)and the proposed land use and intensity are within the limits of the DRI approval. Furthermore, per Article 12 of the Palm Beach County Unified Land Development Code, this project is not subject to the Palm Beach County Traffic Performance Standards. The traffic study prepared by Pinder Troutman Transportation Consultants indicates the project would generate a total of 728 daily trips, with 55 AM Peak Hour trips and 64 PM Peak Hour trips. School: A concurrency approval letter has not been received at the time of preparation of this staff report. Staff has drafted a condition of approval indicating no building permits will be issued until a concurrency approval letter is received (Exhibit "D"— Conditions of Approval). Utilities: The City's water capacity is adequate to serve the project and sufficient sanitary sewer and wastewater treatment capacity is also currently available. 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 Page 31 of 55 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 4 Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: Two (2) points of ingress/egress is proposed for the project, the first of which would be located on Quantum Lakes Drive, near the northeast corner of the property. The site plan (Sheet SP-1) indicates that the driveway opening is approximately 24 feet in width and will accommodate service and emergency vehicles. There is a median break in Quantum Lakes Drive to facilitate both left and right turning movements to and from the site. The second ingress/egress point, also 24 feet in width, is located on Park Ridge Boulevard, and is restricted to right-in/right-out movements, as there is no median break near the south end of the site. Circulation: Vehicular circulation within the development is provided through a two (2)-way drive aisle approximately 24 feet in width,which would conform to current engineering standards. The sidewalks are proposed separately from the drive aisle, extend the length of the building fronts, and provide pedestrian connectivity throughout the site utilizing delineated crosswalks. The sidewalks are extended to connect to Quantum Lakes Drive at two (2) locations and Park Ridge Boulevard, near the entry drive. Parking: Resident and guest parking is provided via surface parking spaces. The proposed number of parking spaces exceed the minimum amount of parking spaces required for the development. One (1)-bedroom dwelling units require one and one-half (1.5) parking space per unit. Two (2)-bedroom dwelling units require two (2) parking spaces per unit. The project proposes 80 one (1)-bedroom units (120 spaces), and 24 two (2)-bedroom units (48 spaces). Guest parking is calculated at 0.15 times the number of proposed dwelling units, for a total of 16 guest spaces. Therefore, a minimum of 184 parking spaces are required and 187 spaces are provided. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The existing tree list(Sheet L-1) indicates the site currently contains 91 trees, 22 of which will be removed from the site, for a total of 339 caliper inches to be mitigated. The other 69 trees will either remain in place or be relocated elsewhere on site. The plant list on Sheet L-5 indicates that the project would add a total of 91 canopy trees, 114 palm trees, 6,931 shrub and 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 plans indicate 74% of the plant material is native. The proposed tree species would include the following: Green Buttonwood, Live Page 32 of 55 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 5 Oak, Royal Poinciana, Yellow Geiger, Orange Geiger, Silver Buttonwood, Satin Leaf and East Palatka Holly trees. Palm species would include Alexander, Travellers, Sabal, and Montgomery palms. A minimum seven (7) foot landscape strip is required along Quantum Lakes Drive on the north side of the property and a minimum fifteen (15) foot landscape strip has been provided. The landscape code requires a minimum of 19 trees and 24 are provided within the buffer or immediately behind it and another 7 Live Oak trees are existing in the swale. The NW corner of the site is bermed and heavily planted to screen the parking, while the buildings abutting Quantum Lakes Drive have foundation plantings including Montgomery palms, arbocola, cocoplum and decorative muhilly grass. A minimum seven (7) foot landscape buffer is also required along the west property line abutting Park Ridge Boulevard and a buffer width of 15 feet is provided. Based on the length of the south property line, a total of 17 trees are required in the buffer, and a total of 20 trees are provided within the buffer or immediately behind it and another 9 Black Olive trees are existing in the swale. Again, the NW corner of the site is bermed and heavily planted to screen the parking, while the buildings abutting Park Ridge Boulevard have also be designed with foundation plantings including Montgomery palms, arbocola, coco plum and decorative muhilly grass. The other two (2) buffers (east and south) back up to the drainage lakes and their existing approved perimeter landscaping, therefore the applicant is simply providing the required building foundation plantings. All above-ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers would be visually screened with landscape material. Each building would have landscape material proposed along all four(4) building sides. Select palms would be installed at a minimum one-half the building height to further soften the appearance of the structures. Building and Site: A total of 60,874 square feet of residential building surface coverage is proposed. There are 104 units proposed within four(4) separate two-story buildings, consisting of 80 one-bedroom units and 24 two-bedroom units. Three (3) types of buildings are proposed. Building Type I would contain a total of 24 units, 12 on each floor, consisting of 6 "A" units with one (1) bedroom, one (1) bath, and 6 "B" units with two (2) bedrooms and two (2) baths. Each "A" unit would be 865-876 square feet under air, plus a patio or balcony, for a total of 939 square feet. Each "B" unit would be 1,230 - 1,239 square feet under air, plus a patio or balcony, for a total of 1,292 square feet. The Type 11 building would contain a total of 24 units, 12 on each floor, each a one (1) bedroom, one (1) bath unit, with the same floor plan as the one bedroom units in the Type I buildings. The Type III building would contain a total of 32 units, 16 on each floor, each Page 33 of 55 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 6 a one (1) bedroom, one (1) bath unit, with the same floor plan as the one bedroom units in the Type I and II buildings. Building Height: The maximum building height allowed in the PID zoning district is 45 feet, not to exceed four (4) stories, except that Mixed Use pods within the PID may build to a maximum 75 feet in height with Conditional Use approval.All of the residential buildings will comply with the maximum height requirement for the PID zoning district, as the proposed roof deck is 19'- 0", the top of the parapet is at 23'-6"and the top of the decorative tower roofs is 27' in height. Setbacks: The minimum required perimeter building setbacks in the PID zoning district are 30' for the front, rear and side corner yards and 20' for the side interior yard. The PID regulations allows for waivers to be requested of various development requirements including setbacks, based upon the submittal of justifications by the developer. The previous site plan approval (MSPM 12- 003) granted setback waivers as follows: front(north)— 15', rear(south)—2', side corner (west) — 15', and side interior (east) — 3'. After the project approval expired and a pre-application meeting was held with the applicant in preparation of resubmittal of project plans, staff requested the the buildings be setback farther from the drainage lakes, in an effort to create a minimal rear yard for the units and to provide greater area for lake maintenance needs. The applicant revised the plans to increase these to a seven (7) foot rear and interior side setback and submitted updated waiver requests to all required yard setbacks and justifications for the deviations.The justifications include the fact that the reduced setbacks do not abut any private properties, with the front (north) and corner side (west) property lines adjacent to street right-of-ways and the rear (south) and interior side (east) property lines abutting a Quantum Park drainage lake. The applicant indicates that, even with the requested 7 foot setbacks against the lake, there will be between 15 and 20 feet of flat area from the rear of the buildings to the top of the lake bank, as well as an existing landscape buffer to minimize any potential impacts. Relative to the requested 15 foot setback requests along the two(2) streets (Quantum Lakes Drive and Park Ridge Boulevard), the applicant indicates that the design is in keeping with other previous approvals within Quantum Park, and points to the Quantum Lake Villas project two (2) lots away as having a reduced setback against the roadway. The applicant further states that the proposed buildings are attractive and will be nicely landscaped to screen the buildings. The closest private property to the northernmost building line is approximately 180 feet away, across to the north side of Gateway Boulevard.Again, the south side of the property abuts a drainage lake, and the distance from the south property line, across the lake to the High School property is approximately 235 feet. The east side also abuts the drainage lake and is approximately 245 feet from the property line of the office building on Lot 58. The corner side (west) setback abuts the right-of-way of Park Ridge Boulevard, and the westernmost buildings would be approximately 65 feet from the Boynton Beach Community High School property line and the school's baseball field.Additionally, the applicant notes that the design and site layout maximizes the internal site circulation and common area spaces. Page 34 of 55 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 7 Based upon the above information and City Commission approval of the Replat of Lot 52 removing the setback requirement from easements, staff recommends the setback waivers be approved. Staff believes the impacts to be minimal and would not affect any private properties. Amenities: These units are intended to be an extension of Olen Properties' larger development, the Villas at Quantum Lakes, located one block to the east, and the residents of these proposed units would have access to all of the recreational amenities on the main site. These existing amenities include an approximately 9,000 square foot clubhouse with kitchen and party room, 24 hour fitness center, two (2) large pools, two (2) jacuzzis, media center, billiards & game room, full-sized indoor basketball court and indoor racquetball courts. Additionally, the applicant proposes to install fitness equipment on the site of the 104 apartments, consisting of standard outdoor fitness equipment, the type of which you generally see along a fitness trail or in a park. The applicant has not selected the individual pieces of equipment at this point, but is considering stretching/sit-up machines, airwalkers, rowing machines, leg press machines and lower back/abdomen trainers, among others. The developer has also proposed a barbeque pavilion, four (4) covered bike racks, seven (7) benches and seven (7) waste receptacles around the site for resident and visitor enjoyment. Design: The building design is nearly identical to the approved and permitted buildings in Quantum Park and Village South. The proposed two (2)-story buildings have a contemporary design and are depicted in three (3) building types. All buildings feature a stucco finish, parapet roof, barrel tile tower features, decorative cornices and banding, modulation of the facades, balconies with decorative aluminum railing, building score lines, raised scored-stucco arches over windows, and an earthtone color palette that matches that of the recently completed development on the north side of Gateway Boulevard (Quantum Lake Villas North), also constructed by Olen Development. The earthtone paint scheme includes cream and sand body colors ("Durango South"and Classic Ivory'), white trim and accents ("White Flour'),white window frames, dark bronze railings and hand rails, and brandy colored entry doors. Lighting: The photometric plan (Sheet PH-1) depicts four(4) freestanding pole lights, three (3) of which would be 25 feet in height and one (1)which would be 15. The poles would be concrete and white in color and the light fixtures would be Phillips Gardco LED style. There are 12 proposed wall mounted light fixtures, mounted between 15 and 20 feet in height. These fixtures would also be Phillips Gardo LED style, in a wall sconce design. The photometric plan complies with the City's maximum foot-candle spot readings(<5.9) and is designed to have readings of approximately zero at the property lines. Signage: The site plan depicts a monument sign at the NW corner of the site (intersection of Gateway Boulevard and Park Ridge Boulevard), however, no sign detail was provided. The proposed sign design will need to comply with the adopted Quantum Park Sign Program (see Exhibit "D" — Conditions of Approval). Page 35 of 55 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 8 Public Art: The Art in Public Places requirement, according to the Public Arts Administrator has been met through the combining of budgets for all of the Olen Development projects and placing the art pieces in highly visible locations at their Quantum Park and Village South Mixed Use development on Gateway Boulevard, rather than one art piece on each individual site. RECOMMENDATION Staff has reviewed this request for a major site plan modification and recommends APPROVAL, including the approval of the associated waivers for the minimum setback requirements, subject to satisfying all comments indicated in Exhibit"D"—Conditions of Approval. Any additional conditions recommended by the Board or the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Park-Lot 52\MSPM 17-001\Staff Report.doc Page 36 of 55 EXHIBIT A LOCATION MAP oaf' fJ, f a. Will ragelt t r � Dr � 1 t= s, j e 4 SZs�f- ` 1, a a U� K M1 L rk Rid9e B��d ��n.i. C>-a.i. r H Jos"Jr-Nvl- s 'AF XroJr- Q�-wxH n-7,T""a 9Zb££73`HOVHHNO.LgLIOH - s F 101 HAraa SHxV'I wnLNVna OOSZ Wm 'O'T'I`HOV'I'IIA N XXVd NMOL MINW16 e� ■■ m F HAMA SaXVI OnZNVW 0*Z o ONI`SDNIQ'IOH(IMMDHS E is wy 67-1 k ' 0 O a J y jf t 'k a 2� orl hlti !1 $�tea 'p - OIL I a g t i , r !!His Y'2 z ar ,.,a3doad k LUCIA z � _ w-, i'< 03V�31f109 3`Jal�N2iVd v...� . 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C>-a-IL r H ��� s ��ror� Q�rH �� 9Zb££7d`H3VH9 NOINA09 IOI HARIQ SHXV'I MINVfla 009Z � w��� 'O'Z'Z`HOV'I'IIA'�'}RIVd NMOL WIIINVRa _ wz i ■■ <_�m 3 dGI2I0'I3`HOdffff NOINIOff ° h r w o a x m F HARIQ SHNV'I MINW16 00bz o DNI`SDNIQ'IOH(IMMDHS a 02 xga o a I 3= 1 6 a�� # C z EL TV go S r f s� ;.� ., 'C" ..,.x�•ate ��'.Y��' � 'k �{ � �� d "�1ti w= p 'J a 07 I. i 8z F11fi t = a a a a e "inF f a e e e e v 3 3 3 e 3 3 a EXHIBIT C OLL TwE N March 16, 2018 Mr. Edgar Breese, Principal Planner, Oreee bbf1.us City of Boynton Beach Planning&Zoning 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435-0310 E: Justification for Setback Waiver Quantum Lake Villas West aka Lot 52 2400 Quantum Lakes Drive, Boynton Beach, FL 33426 Dear Mr. Breese, There are two areas of setback waivers for this project. The first is a waiver to reduce the set back to 7 feet along the Lake frontage. There is an approximately 15 - 20 feet of flat area from the buildings to the top of the lake bank. This area has an existing Landscape buffer that will remain. This area also will be subject to a 10 and 12 foot construction easement for buildability of the project and when done will be appropriately landscaped. See the submitted Landscape plans. This nicely landscaped area will not only be an attractive view but has potential as a place for recreational uses. The second waiver is to reduce the street set back to 15 feet. This is in keeping with what has been previously approved throughout the Quantum Park Development. A good example is the Quantum .Lake Villas that are located one lot away for this project (please see reference photos I 2). The building Architecture is well done and attractive, it too is similar if not identical to other projects that have been approved in the Development. Shrubs have been added to the landscape plans along the street and with mid-level flowering trees. These new plantings are intended to work with the existing oak and black olive trees along the roadway to provide sufficient landscaping to screen the buildings. Note that the landscape architect worked with FPL to assure that any and all plantings proposed for the utility easement meet the requirements of FPL. Thank you again for your consideration of our request. If you would like to discuss the subject further, I am available at your convenience via e-mail at `1 r n i olen rotaerties.corn or by phone at (561) 531-1268. Sincerely, 7LN L P ENT P. Jo G. Lyon Director of Construction, FL. Legion 1062 Coral Ridge Dr. Coral Springs, FL. 33071 (561) 531-1268 1vxv,,LN olennrot erti ° .co Page 50 of 55 ,�? g o%i``�A�, rrti '3�' .r`;w� ,t tdQdr. 4� �" �j� ls^x'wi� �": .r`��4�,r� 4+e �'+r✓r ro ..tet a :C•e � �+ y $y ,' .�`'ti��" ` r .v ir,� r Ilk" S .. 4�a� ..4v. ,�' RG{, 44 .zf% fir.! ,y. 'yir �v"•. �"�`� r` ��� �� $ �+� t to �� " � s t � t!aFi. 1x'« ' i.;, I�, . •.,�'Y,, t a.>y�_v Y,.4,M.,,. q t a Y v Page 2 of 3 March 16,2018 City of Boynton Beach:Quantum Lake villas West aka Lot 52 J Justification for Setback Waiver Quanturn Labe Villas Apailment Homes Reference Photo #2 C PY s ' ,,,a..„«,,,„.a��.. �wca, a.,.:=°;,.» «.v �a4yM,.,..,.,.,.�.;y. *",; ,,,yk�k ro„vn�,t�a,....�s��..�:.$���t••"- "'y�,:,,.?���".-,�...,., .r ,�c�.,e .�., , Page 52 of 55 EXHIBIT "D" Conditions of Approval Project Name: Quantum Lake Villas West (Lot 52) File number: MSPM 17-001 Reference: 31d review plans identified as a Maior Site Plan Modification with an April 24, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Please depict drive dimensions and use a type "F" curb. 2. Please provide drainage calculations. FIRE Comments: 3. Please apply for, and provide a flow test conducted by Boynton Beach Fire Rescue, Fire & Life Safety. 4. Please provide fire flow calculations in accordance with the Chapter 18 of the 2012 edition of NFPA 1. POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 5. Per City Ordinance, the Park Impact Fee is $61,880 (104 units x $595) PLANNING AND ZONING Comments: Page 53 of 55 Quantum Lake Villas West— Lot 52 (MSPM 17-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 7. Please provide a copy of Palm Beach County School District concurrency approval letter. 8. Please revise the landscape design and planting scheme to match the previous approval in the area from the north terminus of the hedge on the west side of Building 4, around the corner, to the walkway along the west side of Building 1. 9. Approval of the Site Plan is subject to Commission approval of the four (4) setback waivers. 10. At time of permit submittal please submit a Unity of Title agreement or some other form of documentation satisfactory to the City Attorney, ensuring the continued shared use of the recreational amenities at the Villas of Quantum Lakes in perpetuity by the residents of this development. 11. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 52\MSPM 17-001\COA.doc Page 54 of 55 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Lake Villas West— Lot 52 Quantum Park (MSPM 17-001) APPLICANT: John Lyon, Olen Properties APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2018 APPROVAL SOUGHT: Request for Major Site Plan Modification approval to construct 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, in the PID (Planned Industrial Development) zoning district. LOCATION OF PROPERTY: SE corner of Gateway Boulevard and Park Ridge Boulevard (Lot 52 Quantum Park). 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\Quantum Lot 52\MSPM17-001\DO.doc Page 55 of 55