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Agenda 03-26-19 CITY OF BOYNTON BEACH 4 PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, March 26, 2019 TIME: 6:30 PM PLACE: Intracoastal Park Clubhouse 2240 N. Federal Highway 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. REQUEST: Approve text amendments to the Comprehensive Plan, including: (1) Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (2) the Transportation Element, creating framework for potential future establishment of a mobility fee. City-initiated. 7.B. Approve a Major Master Plan Modification (MPMD 19-001) for Boynton Beach Town Square to amend the number of allowed dwelling units, revise project phasing, add a shared parking study, revise the proposed use of Building "B", increase the number of hotel rooms, and to add additional height to Building "C". Applicant: James S. Gielda, JKM Developers, LLC 7.C. Approve the Major Site Plan Modification (MSPM 19-002)for Town Square Phase Two in order to construct a 261-unit apartment building that wraps the southern garage approved in the Town Square Phase One site plan on a 3.94 acre site. Applicant: James S. Gielda, JKM BTS South, LLC 7.D. Approve a Height Exception (HTEX 19-001) for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. 7.E. Approve a Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. 7.F. Approve a Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three in order to construct a 210 unit apartment building, a 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. 7.G. REQUEST1: Approve Harbor Cay Townhomes Future Land Use Map Amendment from Special High Density Residential (SHDR) to Mixed Use Low(MXL) REQUEST2: Approve Harbor Cay Rezoning from I PUD, Infill Planned Unit Development to MU- Page 1 of 268 1, Mixed Use 1. TH. Approve Harbor Cay Townhomes Major Site Plan Modification (MSPM 19-003) to construct 18 townhomes and related site improvements at a density of 12.6 dwelling units per acre on 1.43 acres located at 605 Lakeside Harbor Drive in the IPUD zoning district. Applicant: United Developers Group, LLC. 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk of her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Page 2 of 268 7.7.A. New Business 3/26/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/26/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: REQUEST: Approve te)d amendments to the Comprehensive Plan, including: (1) Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (2) the Transportation Element, creating framework for potential future establishment of a mobility fee. City-initiated. EXPLANATION OF REQUEST: The proposed Comprehensive Plan text amendments are grouped in two sets—one pertaining to the Palm Beach county-wide elimination of school concurrency and one establishing a framework for the potential future implementation of a Mobility Fee. Coordinated School Planning The first set of amendments is in the "housecleaning" category— the City is replicating the actions already taken by the county and other municipalities in amending its Comprehensive Plan based on the "Interlocal Agreement Between the School District of Palm Beach County, Palm Beach County and Municipalities of Palm Beach County for Coordinated School Planning." The subject agreement, signed by the City on February 20, 2016, replaced a 2001 interlocal agreement that coordinated countywide school facility planning through school concurrency. The coordination focuses on data sharing already in place, while the school level-of-service and concurrency has been eliminated (it is no longer required by Florida Statutes). The agreement sets up a process through which residential projects are reviewed by the School District for determining capacity. The amendments propose to transfer the coordinated school planning objectives and policies from the Public School Facilities Element to Intergovernmental Coordination Element, and modify applicable language in the Future Land Use and Capital Improvements Elements. The Public School Facilities Element would be deleted. Transportation Policies in Support of Mobility Fee Currently, Boynton Beach and other county municipalities are subject to Palm Beach County concurrency, road impact fees and proportionate fair share regulations. (The City's concurrency and proportionate fair share regulations are applicable to local roadways.) Negative aspects of transportation concurrency systems, such as their focus on roadways, inequitability ("last-in pays') and promotion of sprawl have been generally recognized. Florida statutes encourage local governments to repeal transportation concurrency and adopt an alternative mobility-based funding system that allows developers to pay a fee as mitigation for their transportation impacts. A number of Florida counties and municipalities transitioned, or are considering transitioning from, traditional concurrency to such a system. The proposed amendments add thirteen new policies for the Comprehensive Plan's Transportation Element, creating a framework for potential implementation of a mobility fee. This revenue generator could ultimately allow the City to start funding the full range of the needed multi-modal transportation improvements within its boundaries. Page 3 of 268 Per the statutory requirements, the mobility fee revenue must be expended to implement the needs determined by the plan(s) that serves as the basis for the imposition of the fee. The City would base the future Mobility Fee on a yet to be developed Complete Streets Mobility Plan, which will determine the type, location, and scope of the needed improvements. The Mobility fee may be implemented in specific areas or citywide. Within the area designated for its implementation, the future Mobility Fee may replace the Palm Beach County concurrency system, the County's road impact fee and the proportionate share requirements. It may also trigger rescission of the City's concurrency and proportionate share regulations applicable to the local (City's) roadways. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No immediate impact on either programs or services FISCAL IMPACT: A potential for a significant revenue generator 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 Staff Report Staff report Amendment Proposed School Planning Amendments Amendment Proposed Transportation ElementAmendments Page 4 of 268 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-008 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Ed Breese Planning and Zoning Administrator DATE: March 8, 2019 PROJECT: Comprehensive Plan's Text Amendments (CPTA 19-002, School and Transportation ) REQUEST: Approve text amendments to the Comprehensive Plan, including: (1) Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (2) the Transportation Element, creating framework for potential future establishment of a mobility fee. City-initiated. PROCEDURE The proposed text amendments to the adopted Comprehensive Plan policies are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. The Expedited State Review Process applies to all comprehensive plan amendments, except for small-scale map amendments and amendments that must follow State Coordinated Review Process, such as those based on the Evaluation and Appraisal Review (EAR). If the City Commission approves the proposed amendments, they will be transmitted for review to the State Land Planning Agency (currently DEO, Florida Department of Economic Opportunity), and to other state and regional level commenting agencies as required by Florida Statutes. The amendments are anticipated to be adopted in July 2019. Page 5 of 268 Page 2 File Number CPTA 19-002 School Planing and Transportation SUMMARY OF PROPOSED AMENDMENTS I. ELIMINATION OF LANGUAGE RELATED TO SCHOOL CONCURRENCY Background The amendments pertaining to elimination of school concurrency are based on the provisions of the "Interlocal Agreement Between the School District of Palm Beach County, Palm Beach County and Municipalities of Palm Beach County for Coordinated School Planning" (Coordinated Planning Agreement), dated December 15, 2016. Boynton Beach became a participant in the said agreement on February 20, 2016 (Resolution 16-034). The Coordinated Planning Agreement replaced a 2001 interlocal agreement that coordinated countywide school facility planning through school concurrency. The coordination involved sharing information on development proposals and approvals, school siting and population projections to plan for future school needs. The new Coordinated Planning Agreement focuses on data sharing already in place, while the school level-of-service and concurrency has been eliminated (it is no longer required by Florida Statutes). The agreement sets up a process through which residential projects are reviewed by the School District for determining capacity. Proposed Amendments The amendments propose to: • Transfer the coordinated school planning objectives and policies from the Public School Facilities Element to Intergovernmental Coordination Element; • Delete the Public School Facilities Element; and • Change reference language in the Future Land Use Element and Capital Improvements Element to be consistent with the new policies. The changes in strike-out and underline for each Element are provided in EXHIBIT A. Please note that the subject amendments align with the Palm Beach County Comprehensive Plan text amendments (State Land Planning Agency 17-1 ESR) adopted on April 26, 2016. II. PROPOSED LANGUAGE IN SUPPORT OF A MOBILITY FEE Background Concurrency for public facilities was brought about by the 1985 Growth Management Act. It requires that public facilities and services needed by new development be available concurrent with impacts of new development. For transportation, it means that adopted level of service for roadways be maintained. Page 6 of 268 Page 3 File Number CPTA 19-002 School Planing and Transportation Over the last decade, as the unintended consequences of the transportation concurrency—including promotion of urban sprawl—become increasingly obvious, the concurrency-related statutory requirements were gradually modified, moving from regulating capacity towards the emphasis on planning for mobility: • In 2009, the Florida Legislature eliminated the requirement for transportation concurrency in most urban areas, and directed that a study of transportation mobility fees be performed; • In 2011, the state requirement for transportation concurrency for the remaining areas was also removed, but the statutes allowed local governments to continue transportation concurrency if they so desired; • In 2013, the Florida Legislature changed the law to encourage local governments to repeal transportation concurrency and adopt an alternative mobility-based funding system that allows developers to pay a fee as mitigation for their transportation impacts. A number of Florida counties and municipalities transitioned or are considering transitioning from the traditional transportation concurrency, roadway impact fees and proportionate share requirements to a mobility fee, a one-time mitigation payment on all new development for its impact on the transportation system. Fee calculation methodologies may differ; however, a mobility fee-based funding system must comply with the same "dual rational nexus test" applicable to impact fees—i.e. (1) there must be a reasonable connection between the improvements to be funded and the impact of development; and (2) New development that pays the fees must receive a benefit from the payment. The system's "rational nexus" can be based on the objectives/premises embedded in a variety of local government's planning documents, such as a mobility plan, a comprehensive plan, or redevelopment plans that identify programs or projects tied to projected future conditions. Per the statutory requirements, the mobility fee revenue must be expended to implement the needs determined by the plan(s) that serves as the basis for the imposition of the fee. The mobility fee is thus tied to the local planning objectives. Local governments are allowed considerable flexibility in the use of collected fees—they can be invested in full range of multi-modal mobility improvements, including transit, bike lanes, sidewalks, trails, as well as roadways. The mobility fee is also fair to developers, who would only pay for impacts created by their project. The concurrency system bases its fees on the impact of development on roads: no fees are charged until the roadway is deemed over capacity, so the last developer is forced to pay for all of the improvements required to accommodate his/her development, as well as for those that accommodated all the predecessors. Proposed Amendments The proposed amendments would set up a framework for implementation of a Mobility Fee, which would ultimately allow the City to generate revenue to fund the needed Page 7 of 268 Page 4 File Number CPTA 19-002 School Planing and Transportation transportation system improvements within the City's boundaries The amendments include thirteen new policies for the Comprehensive Plan's Transportation Element (see EXHIBIT B). All would be placed under the existing Objective 2.6, which pertains to private funding of multimodal mobility improvements. The objective's TCEA language would be deleted, as well as its two existing policies. Within the area designated for its implementation, the future Mobility Fee would replace the Palm Beach County concurrency system, the County's road impact fee and the proportionate share requirements. It would also trigger rescission of the City's concurrency and proportionate share regulations applicable to the local (City's) roadways. The proposed framework is consistent with the statutory requirements of Section 163.3180, including that a Mobility Fee: • Must comply with the rational nexus test applicable to impact fees; and • Must fund the needs of the plan that serves as the basis for its imposition. The City would base the future Mobility Fee on a yet to be developed Complete Streets Mobility Plan, which will determine the type, location, and scope of the needed improvements. The Mobility fee could be implemented in specific areas or citywide. The implementation of the Mobility Fee would require further updates to the Transportation and the Capital Improvements Elements and subsequent amendments to the Land Development Regulations. RECOMMENDATION Staff recommends that the City Commission, acting in its capacity as the Local Planning Agency, approve the proposed amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 19-002 School&Transportation\P&D\Staff Report CPTA 19-002 School and Transportation.docx Page 8 of 268 EXHIBIT A I. PROPOSED AMENDMENTS TO FUTURE LAND USE ELEMENT Objective 1.1: Policy 1.1.2 (amended) and 1.1.4 (deleted) Objective 1.16: Policy 1.16.1 (added); 1.16.3 (amended 1.16.2); 1.16.4 (amended 1.16.3); 1.16.6 (amended 1.16.5); and 1.16.8 (new) Objective 1.1 Land development and future land uses shall continue to be coordinated with the provision of the following facilities and services, concurrent with the needs of the existing and future land uses, and consistent with the adopted minimum levels of service standards contained in this Comprehensive Plan: 1. Roadways 2. Potable Water 3. Sanitary sewer 4. Solid Waste 5. Stormwater Drainage 6. Recreation and Open Space 7. Public SEhool 1pd-14 Policy 1.1.2 The City shall issue development orders or permits only if roadways And recreation, and sEhoo, 111--E u+;^r exist, are provided for in accord with the requirements of this Comprehensive Plan, or will be available to serve new development in accord with conditions set forth in Policies 9.2.2 and 9.2.3 of the Capital Improvements Element, and are sufficient to maintain or exceed adopted levels of service. Objective 1.16 The City shall Eentinue its- ...e -proEess Of a cooperative relation hi � P ,lth the 1 ......... .................................... 1_.___����� -------- Palm ----- Pali Beach -'o� nt School District to coordinate land use tti1 Plth develoPI1siting-of public school facilities. 44 Page 9 of 268 EXHIBIT A LP p It i c y 1 161 'rhe t shell p x Soho DistrictwithP �1 :�.. information on de el pry e .......................................................... and.... edev„ 1 e� pr i l � �1� pr 1 is needed to ma unfit school �ttp��t t ���te� informatlon reollit for the Schoo tl tabu h hoo itis Il crlterl ichool lstrlct s ) t . l t p 1 an d. school. utilization. Policy 1.16.2;1 There sal b no �iignificant environmental conditions or sign fiEa + historical resources on a proposed site that cannot be mitigated of othe,wise shall preclude development of the site for a public educational facility. Policy 1.16.-3The proposed school sites locations shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Policy 1.16.56 The City shall encourage the location of schools proximate to urban residential areas or other app late and future land uses by: • Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City )Qf Boynton Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements;-and • Providing for the review for all school sites as indicated in Policy 1.16.1 above , Allowing schools as a permitted use within all urban residential land use categories.- Polic 116 8 'rhe Cit, shell coordinate and collaborate with the Palm Beach .o nt f t the ichool lst °lct o� the m)ttl t l of the p€p Wi PS t tl Page 10 of 268 EXHIBIT A II. PROPOSED AMENDMENTS TO INTERGOVERNMENTAL COORDINATION ELEMENT Objective 8.17: Policies 8.17.1 to 8.17.3 (deleted); 8.17.1 to 8.17.6 (new) Objective 8.18: Policies 8.18.1 to 8.18.8 (new); 1.16.3 (amended 1.16.2); 1.16.4 (amended 1.16.3); 1.16.6 (amended 1.16.5); and 1.16.8 (new) Objective 8.19: Policy 8.19.1 (new) Public School F061144-- r�,.wn�.� ' °din tc 1 i3ianinn Objective 8.17 The City shall Eontinue to c[)ordinate with 11-he "Palm Beach County -------------- It at tt i o ii s h i with--the PaBeac School sfjj ° € d pate lLms aig "with develop ept of s facilities. Measurability: Number of applications for school eoneHFwn-eySCA.Q processed. Policy 8.17.1 'rhe -.1t shady abid theI 1 i. : School Board of Palm Beach (',_.'ountv. Palm Beach --- Palm _ for j � a .% 1 _ � �� x ley the, qty omm ss p op Felly ary 24, 201 co s s � t with th ss. . '',' h' . aiid F.S. aiid 163.318 F.S., with th the School st ict the (:_'Dent A-1c other Ion°gid overpme,11ts, shall. imII _t_1 11dij d � h-o-o-1. District of PaBeach _' t Five-Year :aa I l .. Sch dule into its Com i t aii" ik �jt JM11tovemeiits. Schedule. the School District w ith hiformatimi oiidevelo meiit mid.... d „ ft 1f i t ��� Ap�pids� d t t �t �� t sc o c Page 11 of 268 EXHIBIT A 3. School utilization Eplicy 7 TI al x the School c ids ensive h . Plan to facilitate deve o ment of school enrollment and shall. annuallyup ti � � �� � . its al ii-- c € diva Ii i ii an the Future an Use MaiU . it IISchool District's 0111'y riu facilIII ��� sure co i nc and com i b �i iix ii „ i-s- Iemn ... ]Fh I_'I steal. v de- Sc-hoo ... iii pai d oiii II- ... he ii . outlined in the 2016 Interlocal al inaton I II I I ' xIIIII III but not limited to: 1. Certificates of Occupanii for new�residential-units. AdoII future and use amendments an � II i ... „ , L , cludiamendmto lei I nt odes. � �� IredevelopmentIo .. .. Lomi -ear. IL c ' The I I aII p tly iL comment oil c iii l .�........I Ix I have impact-on-the II o facilities Tj!t..... II iden. IIIof district. ifI � ji � Ii-school � i I � �� i Th I I I conditions i ion i ordinances i resolutions to mitiftatedvete"'i q'1 the School District as the I-'I . � s ��_p-pSqrKhkttt with local governments and the School District n em 'j,- ci'ene ii issues 'which i ----------------- consideration c ii „ i cIdaIi n of 2. Enhanci11g_pjjj,2jic---awareness--of--evacuation---zones,shelter location.s and evacuation routes: II .jA: schools his I Ilard inala i r ............................................. I Ii j CYevents . i rhe _- all taNl s at process coordination viii colla orati n with the School District in IIS lanni an itini bli school facilities. Page 12 of 268 EXHIBIT A Pok 'rhe its shall coordinate an vide-for--. ij w--off L I I � the S o District� �u � Lie, xInviescl ------------- facilities with surroundinif, land u-se-s and the y°oma - ... with schools. ... notice ... School District itsintent An da determination �c� � � �� the future a district and the, �� nx e Plan. 'rhe C.. " comments maa-� d -es-s--the..--a- a� abili ...... . Rt �s�sa ��� � --pl nneinfrastructurean -co-location� the p ifiv­wit other facilities such as libraries and communitv-c-enters., l i i d iii the "" i a . , ii�t. School Board of Palm Beach C.',ountv Palm Beach C.'bunt. ---------- 11. not be located on sides that involve sit""'l i � nt i � environmental � �i � i cp ourc I the impacts-on these conditions--or-resources-ca�� not 1)e appsgr ttly I ____Propgt € s �� � shell � � ��� k ..... . Pith the add or, .plilps of the South Florida Water Ma a 2nt; !!cable Stormwater Utility ye District. locations shall comply the Coastal Mana4gement Element of the C � �gjjf f n of sch2ofIg imate--to urban residential areas a s other ai ik �Ind-filture, land ease b 1. AA f � the School District in d n I ing- fundi. construction shynalization, access sus sad : sewer dr and other infrastructure imprgy!� Page 13 of 268 EXHIBIT A 2. Providinf, for the review for all. school sites as indicated in iLO—ficyi-A-8-:1 A112ove'l—all-011-1 3. Considerini.g.- elementary i n term e di ate and se con djjjy___!,tchool uses as an allowable use in most future land use desi nafions and zon' districts. ----------------- �!j.nate with the School District for the ----------- ------------------------------------------------------------------------------------------------------------------------- collocation of imblic faci it,] such__as and --p ........... communitv centers with -schools to the extent.possil-pl as sites for -------------------- �, .jjbfic facilities and schools are chosen a de e nd__ v 12mrill ------------------------------------------------------------------------------------------------------------- -------------- Q1311: �]LIVE8.19 "I rhe f coordination and !L ---------------------------- collaboration with Palm Beach C.',ountv and t�'e""School--Dist-.rict--iii the School District and Palm Beach Coilft to finpr 14r -L methodolo !jj7±_j _p gj _ijtt ij! ----------------------------MY and enhance coordination with the plans-of-the School District and !!Ctiolls' shall. be revised annually to ensure that new residential LievelopRjent and redevelop 211 information ') the --------------------------------- giunici ties and the Count as well as cha demo -----------------------------------------------t a conditions are reflected in the updated-p ------------ 4444-"-.4-74 The (-;4-C'I C-V oj�nton BeaEh Shall E6E)FA;RaW-N%44_41.-'--".e CE11661 Ily -1 in ofEle-F to- ava;1al'I 4. e r-.; We SEflool EapaE;4- J­ 4-11 P;S 1--;E 4- t .1y -Y Rle _E.loo. I PF.;E)F EO jSSnjRg any s;If A A -4-; te speEifiE evelopment or-der-4of new Fest-e-l-lal ffRA-S-; -2 GOOFAnlat- pjanjj4 IA, 9-11 C --l-t; ffig -.e Sehool PiSIEREt Fe F-F--an p J—' - I .- eE ons of de-velopment and Fe Aevelopment foF the Eoming yeaf, .;RfFaS4--nE4- . A ,tire Fequir-e to 5­pp--4---l-001 faE;1;44es an-' amendments t 1 tothe 1­4­reland_ffs� element, and7 CIO- tobe-F 4 eaEk -a-Aning infORRO40ff Feb-ffif-AiRg C_-FIR. y 11-F-Illy 11 _.. en al un.; S. 120 hEy 11.17. ) rr ;ty I ma; I I.e S..a int i Iffin Ole established .()Eess of E00fdination and Eojjal-o.Fa4-4oR W;4-h 4-1 e -­4­ ­A A— Q-1­1 Page 14 of 268 EXHIBIT A PistfiEt in the planning and siting of publiE sEhool faEilities in for the EolloEation of c"Ne-1 -1-1, 11 Page 15 of 268 EXHIBIT A III. PROPOSED AMENDMENTS TO CAPITAL IMPROVEMENTS ELEMENT Objective 9.2: Policies 9.2.3 TO 9.2.5 (deleted); 9.2.6 and 9.2.10 (amended) oFdefs, development per-mit Is Of 4evelopmentapp upon the SEhool Pish-iEt-of Palm Bead'- the CC A 1-11 of P-alffi BeaEk Count-Y, that e pfoposed development will-R+eet4he existing- single family legal .0ts of r-eEoFd. ...e ­Y hall Eonsi-lef as Eommi"Red - ex.; mg 4...e pu-..;E SE-oo. of the Capital impfovement Element of 14- —Aty, y Be 1. r1ompfehensive Plan. Policy 9.2.6 The availability of public facilities shall be determined and measured for the required public facility types using the following Level of Service (LOS) standards: Page 16 of 268 EXHIBIT A The level of service standard for all schools sl­all be 440 percent unless the school is the subject of a School Capacity Study ISCS' under-taken ly 04 440% u­44z-a�. �o school shall' eperate in excess of 420% utilization. The SCS shall be required if _- school in the first student count of the second semester reaches 408% or higher capacity- Policy 9.2.10 The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: T7„1RliE School Facilities. The City shall provide the School PistfiEt with annual infefffiati needed to maintain sEh eel concurrency, including information required for the School PistriEt to establish -2. l_e--el of service update and FvtEe area criteria and standaf&3 and 57 School utilization, Page 17 of 268 EXHIBIT A IV. PUBLIC SCHOOL FACILITES ELEMENT (DELETED l ATO D D rXTOtr system -7 fi-Iffe en. a. Si-Aent gf-03JVt-h at the adopted lei f__ ___U Eetint of 1-1- , or-higher-EapaEit�- 71n®/ ++, ,,tea-11 c h , ,, ;r+,; +rhn„ nr+the fn;,,,f f that r h , ,, to he epefat4ng within 4 to the '-"a pi tal FaEiiiities Pfogfam. 11.11 as a r-esult of the . el--f ;v,na-;.-tn isma A4- +&,n+ ++. , rn+. , ,1 will e*Ee,a 11 n®/_ and Ean amen 14 A 4- e to-fefleEt4he new LOS foF that sEhool typeffl that SA. ly Page 18 of 268 EXHIBIT A Policy 40A.4.3 The School Capacity Study (SCS) shall determine if the growth fate within an area, causing the enrollment to exceed 440 percent of is 4--effi-P-of-afy of reflects trend affecting the T QC f--the r- --a- penad. The study shall include which Chow- +�. , ,.,+,,�+ �+�, , ,, a .,� , .++,;i,,,+nl,l 4-0 b K NT existing ------4 --c-s- Ele-,Pxel 11064EA-4oi- be provided to the local government within whose Jurisdiction the study W,,es, place. At a minimum, the study shall EonQdeef,------ Student population trends3Real estate trends (e.g. development and redevelopmenQ LY Policy 40A.4.4 The adopted LOS standard shall become applicable to the entire Count- at such time as the School 10triEt has achieved the Eomil-wide adopted level of service for all schools of each school LY Tiered LOS during; that time shall not exceed the utilization standards for that school type as shown in the Maximum Utilization Table of this element IT-able 4.4 21 Policy 40A.4.5 ConEuFrenEy Service Areas 'QSA) sh-All be esta lished on a less 11-1--ai- district wide basis, as depicted on Y in the implementatiefl ....' element. 4. The criteria for QmEuFrenEy Service Areas shall be! Palm each Count- is divided into twenty one CgAs. Each CSA boundary shall be delineated considering the "lowing criteria sb be consistent with provisions in the inteFlocal A,. - ,�+. -.. -- - I-- and future nd uses in the area. b. Section lines, major traffic ways, natural barriers and Eomit-- boundaries. 2 Each CSA shall demonstrate that! Page 19 of 268 EXHIBIT A and 3. ;r+` + �. ;++, r 'I r-'2 nV,n, n,r +„ ++, , b Page 20 of 268 EXHIBIT A at the adepted level of sefviEe 'let: all sEheels -11 ---1- fef eaEh CC®; N Z44 Di 14 of &JuEatiow, of as defined - et-ke of lute to Fin an,.-Amendment to a apital impfevement Element fie.- m EeffiplianEe as not 1---eixib- upon 1-he oEEtir-renEe and I-F 1-he duFalion for- the follovAng Eon o 144o C itm of IT QQ. 1. I-NnEe suspended, for any of 4--'-.e a-eve r-easons, E(MEturEnEy shall e dition that the suspension has been mes -.e Eon Eause ®r hnvnnn� 4. if a l2fogfam Evaluation Repefl-FeEemmend-l- 4-1-A Page 21 of 268 EXHIBIT A initiate a lompfehensi-xe Plan Amendment to tefmivate—jehoe4 To provi - for ,ibl(! anj -411 __Uv_1ze and maintain the adopted leve A p4- planning peFiod. faEi;hkes3 of- ten.With the adopt We stafkdarl& Page 22 of 268 EXHIBIT A Capital impfevement "_17 1 4- MH6 vi A-Gi lit F q,2rq,7._„Q Planned ifi—f-r-astFuctwe and public fa-61--fi-eso .,h StIffenn-4n, _y of Pfamage PistfiEt. Page 23 of 268 EXHIBIT A apphEal-I 1-11 1011 1 1 above•, and, lanause alE planning with development of publiE school facili-fi-e- -lu­U on januaf2y_25,_20101411 443.3-1 Q0 - .c , , , , Page 24 of 268 EXHIBIT A to the "11-wiRt. ly 4. ConEtnrenEy ,6. pper-alion and effeEfiveness of Rhe f-onEtnrenEy ; 4. SEhool siting 2. Level of ser-v.;Ee update and ; 3. joint app-oval of Rhe enfollment pfojedbons an-, shall --11— ­A,j-p 4-1,;, ;nfofffiation. 11 annually _F-_ uppeft the -I evelopment of the sAL-7 4-o Eomment men ments7 Page 25 of 268 EXHIBIT A zones,issues swind. leEafi—I --Rd shell--errs, to alloW SEhoojS 4 emer-geney events. BeaEh Collr population projectionsT whiEk shall he amen-4e-4 annually an-4 p-Fovided to 1.4 e S-Ehool Pistfkrtr pfeve Rhis methodology and Ile Fev; A 11 iewed by all signatonies 4—.e in"r-govemmental Plan ittee , Page 26 of 268 EXHIBIT B PROPOSED AMENDMENTS TO TRANSPORTATION ELEMENT Objective 2.6: Current Policies 2.6.1 and 2.6.2 deleted; 2.6.1 to 2.6.13 new, added Objective 2.6 The City shall provide for private sector responsibility to implement project related transportation improvements, including bicycle, pedestrian, and public transit infrastructure7, particularly within the TCEA, ��`=- t'�`ii,a�sa '7�� r -£ ✓ . -�i`�Y` � V _ '-YS-"- - � --�i`' .ars '7 w9l d-s�u�� nm, 8.t Policy 2.6.1 The Citv mav seek to repel and replace Palm Beech County transportation concurrency, proportionate fair-shire and road i pact foes with a Mobility Fee based upon a Complete Streets Mobilit I'lanm The City mav also apply a Mobility Fee to the city-maintained facilities, reveahnR City transportation concurrency and proportionate fair-share applicable to local roadways. Policy 2.6.2 The Mobility Fee may be implemented and adopted citywide or MAy be adopted only for specific areas or districts within the Q!y. For each such specific area or district, an adopted obilit-y Fee shall replace both Pal Beach County transportation concurrency, proportionate fair-share and road impact fees and City transportation concurrency and Proportionate fair-share. Policy 2.6.3 The Complete Streets Mobility Ilan and Mobility Fee mav be adopted by resolution of the City Commission. The Mobility Fee would Ro into effect per the provisions of the Mobility Fee ordinance. Policy 2.6.4 Should the City Commission elect to adopt a Mobility Fee, the City, within one year of adoption of the implementinR Ordinance,shall update the Transportation and Capital hnprovement Elements of the Comprehensive Ilan to reflect the repeal of transportation concurrency proportionate fair-share and road impact fees and update policies related to level and duality of service standards, complete streets, c�p�cit determinations, backlogged facilities, transportation and associated Page 27 of 268 EXHIBIT B multi-modal policies and other elements addressed in the Complete Streets Mobilitv Ilan. Policy 2.6.5 The Complete Streets Mobility Ilan shall include provisions that address ability between destinations and should address accessibility to, from destinations, and between modes of travel. The improvements in the Ilan shall be based upon the expected, anticipated or desired increase in new development, infill development and redevelopment by the established horizon near and the associated increase in vehicular and person travel demand. The Complete Streets Mobility flan shall include Quality and level of service standards for all modes of travel. Policy 2.6.6 The City, as part of a Complete plete Streets Mobility flan, may adapt ualit and/or level of service standards for pedestrians, bicycle, transit and other multi-modal facilities included in the flan. C ualit-Y of Service standards shall be related to the overall travel experience of the user with higher standards established in areas where wallcin , bic clingy, transit and other non-vehicular modes of travel are encour°a ed. Level of Service standards shall be related to the width or size of pedestrian, bicycle and non-vehicular facilities with wider and lar° er° facilities in areas where non-vehicular modes of travel are encouraged and frequency of transit service with Rreater frequencies and spans of service in areas where transit is encour°a ed. Policy 2.6.7 The Complete Streets Mobility flan mav serve as a Master flan for roads and transit within the City, and also function as a Bicycle, Pedestrian, Trails, Blueways, Greenways and other non-vehicular modes or travel Master flan. m Policy 2.6.8 The Complete Streets Mobility flan mav also incorporate provisions for reduced heat island effects and improve air duality thr°ouh trees and landscaping and to reduce stor water°run-off and water duality thr°ou h the rote ration of low impact development techniques, bio-swales, rain ar°dens and other Rreen techniques that can be incorporated into the planning, design and construction of transportation improvements. Policy 2.6.9 The Complete Streets Mobility flan may include policies related to land use to encour°a e multi-modal supportive development. The flan may also include provisions that allow for reduction in development par°ldn requirements in recognition of car and bicycle sharing in complete streets. , and parkinR str°ate ies that reduce parkinR requirements for fixed-use, multi-modal development and affordable housing. Policy 2.6.10 The Mobility dee would be a one-time assessment on new development or redevelopment that results in ani pact to the transportation sa ste Page 28 of 268 EXHIBIT B throw h an increase in vehicular trips or vehicular miles of travel or an increase in_person trips or person miles of travel. The Mobilit@ Fee, consistent with State Statute, shall be required to meet the dual rational nexus test and shall be reasonably attributable to the travel demand impact of new development infill and redevelopment. Policy 2.6. 1 The Mobility dee mav include provisions to encoura e and incentivize new development, infill and redevelopment within targeted areas of the City. The Mobility dee mav also include provisions to encourage affordable and workforce housing, mixed-use, inti-modal supportive development, and desired land uses that increase employment and attract economic development. Policy 2.6.12 An application for private development may not be required to pay a Mobility dee and also meet transportation concurrency, proportionate- fair share and road impact fees to the extent the Mobility dee address the same facilities and travel demand impacts as would be addressed through the application of transportation concurrency, proportionate- fair share and road impact fees for City and/or County or State maintained facilities. Policy 2.6.13 In consideration of a future Complete Streets Mobility Ilan,the City may review the Land Development Re Mations to consider incentives for and accommodate the needs of compact four and two wheel vehicles (such as hybrids, smart cars, and vespas/scooter°s, etc.) by assessing the parldng requirements and other provisions of the code. Page 29 of 268 7.7.B. New Business 3/26/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/26/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve a Major Master Plan Modification (MPMD 19-001)for Boynton Beach Town Square to amend the number of allowed dwelling units, revise project phasing, add a shared parking study, revise the proposed use of Building "B", increase the number of hotel rooms, and to add additional height to Building "C". Applicant: James S. Gielda, JKM Developers, LLC EXPLANATION OF REQUEST: The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels some owned by the City of Boynton Beach and some owned by J KM Developers, totaling 15.04 acres. Portions of the site are currently under redevelopment as the first phase of the approved master plan is under construction. The applicant is proposing the following modifications to the approved master plan: • Reduce the number of allowable dwelling units from 705 to 575. • Revised Master Plan Phasing in part, to introduce a 4th phase to include the hotel. • To support the provision/sharing of parking spaces based on a Shared Parking Study. • Revised the proposed use of Building "B" to designate it for 55+ age adult residents. • Increased the number of hotel rooms from 120 to 144. • Increased proposed height of Building "C" from 50 feet to 62 feet. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted The Town Square project consists of a relatively complex arrangement among the P3 partners involving land transfers, building lease arrangements and construction responsibilities; however, it will ultimately result in a major enhancement of the City's property tax rolls. Additional financial benefits will be in the form of building permit and business tax and certificate of use revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Given the size and attributes of the Town Square Development, it has been or is currently associated with several headings or pillars such as "Culturally Distinct Downtown", "High Performing Organization" and even "Energetic Downtown". CLIMATE ACTION: Page 30 of 268 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Town Square Master Plan Modification Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Proposed Master Plan D Letter Exhibit C ® Request Letter D Attachment Exhibit D ® Shared Parking Study D Conditions of Approval Exhibit E ® Conditions of Approval D Development Order Development Order Page 31 of 268 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM ® PZ 19-013 STAFF REPORT TO: Chair and Members Planning and Development or THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, AICP Principal Planner 17 DATE: March 20, 2019 PROJECT: Boynton each Town Square Major Master Plan Modification (MPMD 19-001) REQUEST: Approve a Major Master Plan Modification for Boynton each Town Square to amend the number of buildable dwelling units, revise project phasing, add a shared parking study, revise the proposed use of Building "B", increase the number of hotel rooms, and to add additional height to Building "C". PROJECT DESCRIPTION Property Owner: City of Boynton each &JKM Developers, LLC Applicant: James S. Gielda, JKM Developers, LLC Location: Mixed Use Civic Campus bounded by Seacrest Boulevard on the west, NE 1st Street on the east, Boynton each Boulevard on the north and SE 2nd Avenue on the south (See Exhibit A® Location Map) Existing Land Use: Mixed Use Medium (MXM) Existing Zoning: MU-3 (Mixed Use 3) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Acreage: 15.04 acres Adjacent Uses: North: Right-of-way for Boynton each Boulevard and farther north, developed commercial properties classified Local Retail Commercial (LRC) and Page 32 of 268 Page 2 Boynton Beach Town Square MPMD 19-001 zoned C-3 (Community Commercial District); South: Right-of-way for SE 2nd Avenue, and farther south, 11 developed single-family homes, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R-1-A, (Single-Family Residential District) and R-2, (Single- and Two-Family Residential District); East: Right-of-way for NE/SE 1St Street; on the northeast side, a developed commercial property classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); further south, a parking lot and Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi-Family; further south, a vacant parcel and Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi-Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R-1- A, (Single-Family Residential District). West: Right-of-way for Seacrest Boulevard; further west on the northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther south, First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi-Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single-family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi-Family. BACKGROUND The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1 St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels some owned by the City of Boynton Beach and some owned by JKM Developers, totaling 15.04 acres. Portions of the site are currently under redevelopment as the first phase of the approved master plan is under construction. The applicant is proposing several modifications to the approved master plan. MODIFICATIONS Reduce the number of buildable dwelling units The approved master plan proposes a total of 705 units, a density of 47 units per acre, within three separate buildings. The applicant is requesting to reduce the number of dwelling unit being built to 575. Building "A", located along Boynton Beach Boulevard was approved with 225 dwelling units and is proposed to be reduced to 210 units; building "B", centrally located at the corner of NE 1St Street and East Ocean Avenue, was approved with 200 dwelling units and is proposed to be reduced to 104 units; and building "C", located along SE 2nd Avenue was approved with 280 dwelling units and is proposed to be reduced to 261 (see Exhibit B — Master Plan). The reduction of proposed dwelling units has reduced the proposed density from 47 du/ac to 38.2 du/ac. 2 Page 33 of 268 Page 3 Boynton Beach Town Square MPMD 19-001 The Mixed Use Medium (MXM) classification has a maximum density of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The proposed zoning district of MU-3 also has a minimum density of 30 du/acre. Revised Master Plan Phasing The approved master plan delineated three phases of development. The applicant is requesting to revise the master plan to include four phases. The previously approved "Phase Three" is proposed to be separated into two phases. Phase Three will now include Building A, Building B and the north parking garage and Phase Four will include the hotel (see Exhibit E— Conditions of Approval). Shared Parking Study The previously approved master plan did not include a shared parking study. The applicant is requesting that the attached shared parking study prepared by Kimley Horn be submitted for approval. Below is a summary of the parking study (see Exhibit D — Shared Parking Study): • The parking calculations demand for each of the individual proposed uses was calculated per Boynton Beach parking code to be 2,001 spaces. • The 55+ (age restricted) apartments parking demand was adjusted per the average parking supply rate provided in ITE Parking Generation, 4th Edition to be 1 space per unit (actual demand was 0.66 vehicles per unit). The adjusted parking demand was then determined to be 1,913 spaces, based upon the age-restricted calculation. • The adjusted parking demand ratios were then broken out to determine what proportion of this parking serves employees/residents and visitors using the ratios provided in ULI's Shared Parking, 2nd Edition • The visitor and employee/resident spaces were then broken out for each of the land uses. • Shared parking methodology was then applied using time-of-day factors published by ULI in Shared Parking, 2nd Edition. These factors represent the percent occupancy of each uses maximum / peak parking demand throughout the day. • Shared parking was applied separately to City uses and commercial/residential uses. • Valet spaces were separated out for hotel, retail, and restaurant and treated as 100% occupied at all times to provide a conservative analysis. • The maximum parking demand for any given hour of the day using shared parking was determined to be 1,562 spaces. • A 10% buffer was added to the maximum parking demand per City code to account for any unanticipated demand. With the addition of the 10% buffer (156 parking spaces), the recommended parking supply for the site is 1,718 spaces. • The master plan has been updated to provide a total of 1,787 parking spaces including the garages, valet, surface, and on-street parking. Based upon the parking study including the 10% buffer, 1,718 parking spaces would be required, resulting in an excess of 69 parking spaces, as noted on page 7 of the attached Shared Parking Study (see Exhibit D - Shared Parking Study). 3 Page 34 of 268 Page 4 Boynton Beach Town Square MPMD 19-001 Revised the proposed use of the Building "B" Building "B", located at the corner of NE 1St Street and East Ocean Avenue, was approved as a residential building with ground floor commercial. The applicant is proposing that the use be revised to allow age restricted housing for individuals 55 years or age and older (see Exhibit E — Conditions of Approval). There are 104 age restricted dwelling units, 18% of the total residential units proposed in Town Square. Increased the number of hotel rooms The proposed hotel was previously approved with 120 rooms. The applicant is requesting that the hotel be permitted to allow 144 rooms, an increase of 24 rooms. Additional height for Building "C" Building "C", located along SE 2nd Avenue, was previously approved to allow four stories at a maximum of 50 feet in height. The applicant is requesting that Building "B" be permitted to have a maximum height of 62 feet (five stories), an increase of 12 feet (one story). This request is within the maximum allowable height of MU-3, which is 75 feet, and will provide better screening of the parking garage. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they are in compliance with existing Mixed Use Medium (MXM) Future Land Use Classification and the existing zoning designation of MU-3 (Mixed Use — 3). Should the City Commission approve the requested Major Master Plan Modification, staff recommends including the comments in "Exhibit E" - Conditions of Approval. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan Mod MPMD 19- 001\StaffReport\TownSquareMasterPlan MPMD 19-001.doc 4 Page 35 of 268 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP NW i,'tt fj r NE 3rd Aver' k r• ft' , rt x Ir�i'a r ... b7 E' m '}4.� artll4l°a ; ss 1 i _ 4r+�ir�i`�'3L?k,}.'.............. 5th E Boynton Beach Blvd, in L. r i r NE 9s! ,,,,drttlro •jt � t,, rw }ar��C - � _ r I __ a � � '�(y' r�� 2 i`ti1,.,r„., '- r,�a �fr� fii��� t8" `�E OCean�Ave�.. ,,. . .v ��a 1 a ���vt. t rE[� '�.'• �, w ,ru a rnr � svax , Lith' Ix ,, 5Z KP ,yl aYt„,� t( t44 -------------- �r t 'r SE 2nd Ave ti s ti ll I J �j �1 q ' ry= ,r I, - ,.. r - ' a k St i )�fE f- N Legend W E Town Square S Future Coastal Link station 0 0.0125 0.025 0.05 0.075 0.1 Miles Transit Core Area Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 Park Lane Condominium All rights reserved-Subject to a Licence Agreement Total Town Square area: 16.5 acres Page 36 of 268 o� bQ Lzo gw �� �w a O x v uy �n.r•.aar om 30 3' z O (7 J JZ c b�€ \ uLUw 2 Z = a J J v L.a .. :.:s a c P EL ww Q u v I d MA w c p c put v .. �U a•oZ� w KC 'a F'� a Z'- o a u a 9LI 'X o o N o a > r o s Cin Nu�`I aw a ❑E o- �2a: F IVU iV t 4 3i'C3 I 5 i€xf l�l-3 4t 3i�S4ft GtlNh"Y b4dlt fkt j � ��) A Y}� zrarra�ae ala awatner� �-� ' ( 1 { I I t^, rxb[Rt ti1Ni 7N pip CI ^ � .. ?49h9JRm£IiJC. .-f n A °....do9���"J 6 x r Mom .. c R �� a �C7 Cuj j w w UJI ate. a a wS d c s� ` a { Tsu1 `JNIOYO'I ................. ° ro x o x . } t _ V 'JNIJINbd,€4 Z Z uj F Kz J §Oa$�o f n�n^','. }tr} uj t�u y-� t4f, �'S M M n u zz 8z� o =- 4-1 ,�r s — , f SNI>I�Yd� 3nb NVIDO- _._._._ �M$ �������® ,. � •LTi E ( g � s Z Z `lG= Ir, A nq i gk m 'Uu s x � �i "c a 9 (f t Si wK Law-] —] 2 L= �, ^ay_ �43 w Xw CLOR i dSYwd ;(8aa � w _ m Z - - 3AV-IS l 3 N- e - z Ml uia 0 � z 2.w a 2 r°r m10, 8 0 5 z NW Ma O zn Z H .....r,-....�.�.i,��. �-- — •. � �,9NIOYOI Y z- t 9 41q!4x3I EJ�^.aNlNt}! CL a,arltJNe.cor� M . Exhibit C DEV PERS March 18, 2019 " p° 4 Ms. Amanda Bassiely Senior Planner—Urban Designer { Development, Planning & Zoning t; k. City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E: BassielyAbb .us RE: Administrative Master Plan Amendment for Boynton Town Square Phase II, Parcel 7 (Resubmittal 93) Dear Ms. Bassiely: Please accept the attached Master Plan Modification (MPMD) resubmittal for the Boynton Town Square Project. The extent of the requested modifications has been updated to include the following items: 1. Amend the current 4 story, 50' height limitation for Phase II, Parcel 7, to 5 stories with a maximum height of 62'in order to create visually appealing rooflines with architectural elements of differing heights that will both shield the parking structure and add to the streetscape design; 2. Incorporate a new, revised Shared Parking Study prepared by Kimley Horn & Associates; and 3. Update the current Master Plan exhibit of record to show the following changes: • Revision of Phase 3 to reflect a Phase 3A and Phase 313; • Revision to the North Parking Garage to include an East Half and a West Half; • Revision to the Central Building to reflect a maximum of 104 DU of age- restricted units (55+) otherwise known as Independent Living • Designation of the Hotel site as a stand-alone Phase 4 • Master Plan updates to all density and SF. numbers for each Phase in order to correctly reflect each site-specific Site Plan • Addition of Loading Zones consistent with the current Site Plan applications 4. Include a Master Plan FAR Table Should you have any questions or require additional information,please feel free to contact me. Thank you. e a ;rpincjippal 102 NE 2nd Street,#203 ■ Boca Raton,FL 33432 ■ P:(561)886-6684 ■ F:(561)909-1326 www.jkmdevelopers.com Page 38 of 268 Exhibit D February 7, 2019 Revised March 1, 2019 Revised March 15, 2019 John K. Markey JKM Developers, LLC 2300 Glades Rd. Suite 202 East Boca Raton, FL 33431 Boynton Beach Town Square—Parking Evaluation Boynton Beach, Florida i fey Horn#044344003 Dear John: Kimley-Horn and Associates, Inc. has prepared the following letter to summarize the required parking calculations for the proposed Boynton Beach Town Square project. The site is located within the blocks bounded by Boynton Beach Boulevard, SE 1 sl Street, Seacrest Boulevard, and SE 2nd Avenue. The program of development considered in the calculations is summarized below in Table 1, Table I Boynton r - Proposed Development Land Use I Proposed intensity South arin Garage Government Office 109,085 SF Recreation Area 100,450 SF Studio/1 BR Apartments 154 Units 2+ BIR Apartments 107 Units North Hotel Garage and North Garage Hotel 144 Rooms Restaurant 8,512 SF Restaurant in Hotel 10,000 SF Retail 11,030 SF Retail in Hotel 5,000 SF Studio/1 BR Apartments 140 Units 2+ BIR Apartments 70 Units 55+Apartments 104 Units Historic High School/Recreation 500 Seats Center Children's Museum 8,288 SF Chilled Water Plant Fire Station - Magnuson House Idi Sim III M11111M EM Page 39 of 268 Page 2 Because this is a mixed-use site, the overall site parking requirements are anticipated to be met through shared parking between the uses on site. Those shared parking principles recognize that different uses on site experience their peak parking demands at different times of the day and therefore the overall parking requirement for the site is lower than the cumulative code requirement for each use on site. Therefore, the updated parking evaluation for the current stage of development has been undertaken in accordance with the methodology outlined in the Urban Land Institute's (ULI's) Shared Parking, Second Edition. BASELINE BOYNTON BEACH PARKING The baseline required parking was calculated for the individual uses on the site using the parking supply rates defined in the City of Boynton Beach's Code of Ordinances. Table 2 provides a summary of these parking calculations for each use in the proposed site. SHARED PARKING ANALYSIS Because the site is proposed to contain a mix of different land uses, a shared parking evaluation has been undertaken to determine the peak parking demand at any given time for the proposed site. This evaluation utilizes time-of-day demand variation data and analysis methodology published by ULI in Shared Parking, Second Edition. Time-of-day demand variation data for the Children's Museum is based on the hours of operation of the museum. Shared parking was applied separately between the government uses and the non-government uses. For this analysis, it is assumed that the peak demands for all uses occur during the same season of the year. No discounts or reductions have been assumed for seasonal variations in demand throughout the year. This assumption represents a conservative approach. Table 3 provides a tabulation of the parking requirements using Boynton Beach and ITE parking rates per use with ULI-published parking ratios to break down weekday vs. weekend requirements and visitor vs. employee parking requirements. The hourly variation percentages for the proposed uses during weekdays are summarized in Table 4A and the same evaluation for weekends is summarized in Table 48. According to the calculations undertaken using this methodology, the peak weekday shared parking demand is calculated to occur at 7:00 PM with a requirement of 1,562 parking spaces. On weekends, the peak shared parking demand occurs at 6:00 PM with a requirement of 1,539 parking spaces. With a 10% buffer, the required parking supply for the site is 1,717 parking spaces. Because 1,741 parking spaces are proposed on site, it is anticipated that the parking demand will be accommodated within the proposed parking supply. Table 5 summarizes the code-required parking, provided parking, and shared parking breakdown for each use. Page 40 of 268 KlmlepMorn Page 3 Table ITE ParkingCalculations �O N u1 M W � O Vt ry N N tO V N d � m Mm �I C Y a a` a v „q W N ..y N N YI O Sj N V N NO L L C O J l7 J J J j go E c 4 O p v w 0 O O m m 8i � N O J O 9 0 LL a LL Y w O O Q d C Y O d N a+ a+ +• 0 ` 0 O n m � � ry v N N V1 VI C C O N _ -E 7 O 7 > > N 0 yi N ti o 0 o m o - g `w c � V � L _ E m C o 8 E - w " E E Z ' m o c - d E L E B IE A _ m r r 'x 3 � c t7 z v"�i N 2 z c rc c01 ''' N x x -M111010 I Oil: u ta, 0 1ma Page 41 of 268 Page 4 Table 3: Unadjusted Parking Requirement I s � o O O dI m vl ry nl o ir1 ,I F i - � E II O CI I _ 7 Lv 6 i: o "I o ogos "I w W ¢`! ¢` E E E I w w W a ¢ y o 82 1 — 1 �f 4 o #6*eim � I Page 42 of 268 z „Ng,IT ON 1 o n-ld---1 1 o � o som �,ngNgavee o g 9 9N" s m S il Qo $ e oo � og���oo 3 �o � 9 9 e8� e�e� exx $ eeee � � $ � � x� g- -E g a i a ~o _ ci 8 d e T'l v� 3� E 3 o C otn t2 o f c > E> E> E S EZ4 _ E v E tE it m ry C E c E c a , ti 0 m a x Page 43 of 268 a S N � a a ���o o a oxe a foo^eo SNxg6-2—a—e BAR 3 e - sgg - ,�$o � og o8a�e e�g8g oSN$�e$ae ;eN xN m a m m Ol MIT T mw ms.sm ae ae x e o o =- 5 � F' E>E>E> E fl'fl a'I'>c ` E - E no p z v E u s m a o - j E w Page 44 of 268 Kimley)))Horn Page 7 Table 5: Peak Parking Summary Historic High School 125 1 Children's Museum 28 128 Required Per 101 Garage+ U Chilled Water Plant 4 Shared Parking 151 50 Surface Fire Station 11 151 Spaces Hotel 180 31 (7 Employees and 24 Visitors) Restaurant in Hotel 50 17(8 Employees and 211 Spaces(51 (Parked at 50%) 9 Visitors) 211 Retail in Hotel(Parked at 4(3 Employees and 1 Standard+160 Valet) 50%) 13 Visitors) Standard Garage(655 Standard+223 Hotel Valet Spaces 160 22(13 Employees Valet) Restaurant(Non-Valet) 85 22 50 Surface and 9 Visitors) Restaurant(Valet 566 Garage Spaces Spaces Spaces) - 63 63 Restaurant:85 Spaces (667 Spaces 34(10 Employees (22 Standard+63 without Hotel) Retail 55 34 Valet) and 24 Visitors) 225(204 Residents Age-Restricted Studio/1 BR Apartments 231 and 21 Visitors) 210 Apartments:99 Spaces 147(133 Residents Multi-Family:348 2+BR Apartments 151 138 Spaces and 14 Visitors) Retail:34 Spaces Senior Adult Housing 192 Per City 99(84 Residents and 99 Code, 104 Per ITE 5 Visitors) Subtotal 1,125 929 928 928 928 Government Office/City 364 Hall 162 Required Per Recreation Areal City 28 Shared Parking 391 364 Garage+O 800 Garage Park 436 Garage+ Spaces Studio/1 BR Apartments 254 247(224 Residents 244 59 Surface 59 Surface and 23 Visitors) 859 Spaces Spaces 2+BR Apartments 230 224(203 Residents 224 and 21 Visitors) Subtotal 876 633 832 859 859 Overall Site 2,001 1,562 1,787 1,787 1,787 10%Buffer 156 1,787 1,787 1,787 Overall Site with 10% 2,001 1,718 1,787 1,787 1,787 Buffer (1) 101 Garage spaces to be provided by Developer to City per contract between parties dated 311912018 (2) 364 Garage spaces to be provided by Developer to City per contract between parties dated 03119/2018 r ar -1II a Page 45 of 268 Page CONCLUSION As shown in this evaluation, the ULI-based shared parking evaluation indicates that the proposed parking supply will meet the parking demand associated with the proposed land uses. Should you have any questions regarding this analysis, please contact me at (561) 840-0852 or step han ie.kin lenCaki ley-horn.com. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Stephanie Kinlen, P.E. Transportation Engineer Florida Registration Number 84302 Certificate of Authorization Number 696 k:1wpb_tpto104431044344003-boynton master plan12019-02-27-boynton-square-parking.docx v a r + V�1 V4 v= Page 46 of 268 EXHIBIT "E" Conditions of Approval Project Name: Town Square Major Master Plan Modification File number: MPMD 19-001 Reference: 31d review of plans identified as a Maior Master Plan Modification with an March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: Additional comments may be rendered at time of permitting. FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None. PLANNING & ZONING Comments: 1. Combine "Phase 3A" and "Phase 3B" into one phase labeled "Phase 3". 2. Revise Building B, Building A, and the north parking garage to be a maximum of 75 feet as permitted within the MU-3 zoning district. 3. At time of permitting of Building "B" provide a recorded Deed Restriction, designating the property as age restricted apartments for individuals 55 years of age and older. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined. Page 47 of 268 Boynton Beach Town Square Major Master Plan Modification (MPMD 19-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. SAP Ian n i ng\S HARE D\WP\P ROJ ECTS\TOWN SQUARE\Town Square Master Plan Mod MPMD 19- 001\StaffReport\ExhibitF_MPMD 19-001 COA.doc Page 48 of 268 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Major Master Plan Modification (MPMD 19-001) APPLICANT: James S Gielda, JKM Developers, LLC APPLICANT'S ADDRESS: 2300 Glades Road, Suite 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2019 APPROVAL SOUGHT: Approve a Major Master Plan Modification for Boynton Beach Town Square to amend the number of buildable dwelling units, revise project phasing, add a shared parking study, revise the proposed use of Building "B", increase the number of hotel rooms, and to add additional height to Building "C". LOCATION OF PROPERTY: Civic Campus bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan Mod MPMD 19-001\StaffReport\MasterPlanDO MPMD 19-001.doc Page 49 of 268 7.7.C. New Business 3/26/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/26/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve the Major Site Plan Modification (MSPM 19-002)for Town Square Phase Two in order to construct a 261-unit apartment building that wraps the southern garage approved in the Town Square Phase One site plan on a 3.94 acre site. Applicant: James S. Gielda, JKM BTS South, LLC EXPLANATION OF REQUEST: Mr. Gielda, agent for the J KM BTS South, LLC is requesting approval of a Major Site Plan Modification for the second phase of the Town Square Master Plan. Phase One included the construction of city hall and library building located on the southeast corner of Ocean Avenue and Seacrest Boulevard, a parking garage located on the north side SE 1st Avenue, right-of-way improvements, and public amenities. Phase Two consists of the residential wrap around the southern garage. The proposed building is a 'U'shape and is proposed to be built around three sides of the south garage, although it only attaches to the south facade of the garage. Between the east portion of the building and the east facade of the garage, and between the west portion of the building and the west facade of the garage, there are two amenity areas including a pool, outdoor kitchen, loggia and lawn area. The building consists of 261 dwelling units; 66 studio, 88 one-bedroom, and 107 two-bedroom apartments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted The Town Square project consists of a relatively complex arrangement among the P3 partners involving land transfers, building lease arrangements and construction responsibilities; however, it will ultimately result in a major enhancement of the city's property tax rolls. Additional financial benefits will be in the form of building permit and business tax certificate of use revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: This project is currently under the heading "Culturally Distinct Downtown" within the City's Strategic Plan, and has also corresponded with other headings or pillars as such as High Performing Organization. Given the significant size and anticipated impact on the downtown area, it could also correspond with topics or descriptions as"Energetic Downtown" and "Growing Jobs and Business Opportunities". CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 50 of 268 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit D ® Conditions of Approval D Development Order Development Order Page 51 of 268 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-009 STAFF REPORT TO: Chair and Members Planning and Development Board TU: Ed Breese 40� Planning and Zoni g Administrator FROM: Amanda Bassiely, AICP Principal Planner DATE: March 12, 2019 PROJECT NAME: Town Square Phase Two (MSPM 19-002) REQUEST: Approve the Major Site Plan Modification (MSPM 19-002)for Town Square Phase Two in order to construct a 261 unit apartment building that wraps the southern garage approved in the Town Square Phase One site plan on a 3.94 acre site. PROJECT DESCRIPTION Property Owner: JKM BTS South, LLC Applicant: James S. Gielda, JKM BTS South, LLC Agent: James S. Gielda, JKM BTS South, LLC Location: The southern block of the Town Square Master Plan: bound on the west by Seacrest Blvd.; on the north by SE 1 st Avenue; on the east by NE 1 s, Street; and on the south by SE 2nd Avenue (see Exhibit "A" - Site Location Map). Existing Land Use: MX M (Mixed Use Medium) Proposed Land Use: No change proposed Existing Zoning: MU-3 (Mixed Use 3) Proposed Zoning: No change proposed Proposed Use; Multifamily Residential Acreage: 3.94 acres Page 52 of 268 Town Square Phase Two(MSPM 19-002) Memorandum No PZ 19-009 Page 2 Adjacent Uses: North: Portion of the approved Town Square Master Plan classified Mixed Use Medium (MXM) and zoned MU-3 (Mixed Use -3); South: Right-of-way for SE 2nd Avenue,and farther south, 11 developed single- family homes, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R-1-A, (Single-Family Residential District) and R-2, (Single- and Two-Family Residential District); East: Right-of-way for SE 1 st Street; father east are developed single-family homes and a duplexes classified Low Density Residential (LDR) and zoned R-1-A, (Single-Family Residential District); and West: Right-of-way for Seacrest Boulevard farther west are developed single- family homes and small residential rental properties, classified Medium Density Residential (MEDR) and zoned R-3, Multi-Family. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. Gielda, agent for the JKM BTS South, LLC is requesting approval of a Major Site Plan Modification for the second phase of the Town Square Master Plan. Phase One included the construction city hall and library building located on the southeast corner of Ocean Avenue and Seacrest Boulevard, a parking garage located on the south side SE 1 st Avenue, right- of-way improvements, and public amenities. Phase Two consists of the residential wrap around the southern garage containing 261 dwelling units. Page 53 of 268 Town Square Phase Two(MSPM 19-002) Memorandum No PZ 19-009 Page 3 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their information and review;they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards.The traffic study was performed for the master plan as a whole, and indicates that the project would generate an additional 209 AM Peak Hour trips and 274 PM Peak Hour trips. School: The approved Town Square master plan has 705 dwelling units planned within Phase Two and Three. The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development along with the integration of the new District Energy Plant that was recently approved to provide a shared central cooling resource for building cooling systems. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The overall master plan conforms to a grid block configuration and allows for vehicular flow through the project; however,access is limited to public streets and garage entries. In order to complete a vehicular grid system, SE 1st Avenue is proposed to connect to Seacrest Boulevard. To achieve a `main street' concept and slow traffic, drop-off areas and angled on-street parking is proposed on Ocean Avenue.There are also two small surface parking lots; one located on NE 1 st Avenue and the other on SE 1 st Avenue to serve the commission chambers and the Historic Old High School. Paver sidewalks are provided along all right-of-ways and between buildings. The sidewalks along Seacrest Boulevard are proposed to be 10'6" in width, Page 54 of 268 Town Square Phase Two(MSPM 19-002) Memorandum No PZ 19-009 Page 4 within which street trees would be spaced in rhythm to provide pedestrians with shade. The sidewalks along SE 1 st and SE 2nd Avenue are proposed to be approximately nine (9) feet in width, within which street trees are also proposed. Parking: This phase of the Town Square Master Plan includes 261 residential units. A shared parking study accounts for all the required parking forthe master plan area. Refer to staff report MPMD 19-001 for parking information. (see Exhibit C- Conditions of Approval). Landscaping: The Plant List (Sheets LP-3) indicates that the project would add a total of 158 trees and palm trees, 1,189 shrub specimens, and 6,271 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: High Rise Live Oak, Silver buttonwood, Multi-trunk Crepe Myrtle, Shady Lady Black Olive, Orange Geiger Tree, Hong Kong Orchid Tree, Gumbo Limbo, and East Palatka Holly. Palm species would include Royal Palm, Sabal Palmetto, and Medjool Date Palm. Projects proposed in the Cultural District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces the building setbacks and encourage building placement abutting the street,thus creating an urban setting.The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings,tree canopy),and streetscape amenities (benches, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and a `front porch' design of the first floor of the residential building with the lower landscape material placed at points along the building foundation, in an effort to provide maximum clear pedestrian pathways. Building and Site: The proposed master plan site area totals 15.04 acres,while the site area of Phase One is 8.9 acres. The first phase of the master plan included all of the public components, such as, the city hall / library, the amphitheater / public open space, the southern garage, playground, Historic Old High School and open plaza on Seacrest Boulevard. Phase Two includes the southern residential building which wraps the garage approved in Phase 1. The proposed building is a `U'shape and is proposed to be built around three sides of the south garage, although it only attaches to the south fagade of the garage. Between the east portion of the building and the east fagade of the garage and between the west portion of the building and the west fagade of the garage there are two amenity areas including a pool, outdoor kitchen, loggia and lawn area. The building consists of 261 dwelling units, 66 units are studio, 88 are one-bedroom, and 107 are two-bedroom units. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use — 3 (MU-3) zoning district has a maximum FAR of 3.0 and a minimum Page 55 of 268 Town Square Phase Two(MSPM 19-002) Memorandum No PZ 19-009 Page 5 FAR of 1.75. Since several of the proposed buildings in the master plan do not currently have total square footage calculated, the FAR will be required and reviewed at time of Phase Three site plan submittal for compliance with the Land Development Regulations (see Exhibit C-Conditions of Approval). Building Height: The maximum building height allowed in the Mixed Use — 3 (MU-3) zoning district is 75 feet. The residential building has a structural roof deck at 50 feet and 9 inches and the top of parapet is 60 feet and 4 inches in height. The 6-story garage which is internal to the proposed building was approved at a height of 57 feet and 3 inches to the top of the parapet wall and the has a tower that reaches 68 feet and 2 inches in height. Setbacks: The MU-3 zoning district requires no building setbacks, but rather a zero (0) foot build-to line. However,the building setbacks may be increased up to 15 feet administratively,without benefit of a Community Design Plan Appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas,fountains, or outdoor seating areas;2)optimize landscape design;3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. Right-of-way dedications are required along all adjacent streets (see Exhibit C - Conditions of Approval). The building setback is measured from the proposed property line to the exterior surface of the building or supporting columns. Along Seacrest Boulevard the proposed building is setback 12.6 feet; along SE 2nd Avenue the building is setback 1.9 feet; and there is a 14 foot setback from SE 1 st Street. Amenities: As stated above, the site plan depicts two (2) private amenity areas, the one between the east portion of the building and the east fagade of the garage contains a landscaped lawn, walkways, benches, and public art. The amenities are between the west portion of the building, and the west fagade of the garage contains a swimming pool, pool deck, outdoor kitchen and loggia. The overall Town Square Master Plan includes a space labeled"The Green", a proposed 55,383 square foot public amphitheater and open space, "Kapok Park" a 27, 688 square foot open space at the corner of Ocean Avenue and Seacrest Boulevard, and a 6,966 square foot playground on the north side of the Children's Schoolhouse Museum. The existing 5,500 square foot plaza located on the south side of the Children's Schoolhouse Museum will remain. Sidewalks and street trees are proposed along all right-of-ways and active areas are proposed along all main streets. The plan also identifies an extensive pedestrian circulation system throughout the site. Phase Two includes two (2)driveway that are in-between the residential building and the parking garage. These driveways lead to the entrance of the garage, drop- off porte cochere, and surface parking, however there isn't a pedestrian route from the building to safely enter the garage. Staff recommends extending the proposed sidewalks south placing a crosswalk for pedestrians (see Exhibit C — Conditions of Approval). Page 56 of 268 Town Square Phase Two(MSPM 19-002) Memorandum No PZ 19-009 Page 6 Design: The proposed building has a coastal contemporary design, featuring a smooth stucco finish, parapet roof with tower features, decorative cornices and banding, modulation of the facades, Bahama shutters, raised stucco banding white aluminum railings and an earth-tone color palette. Lighting: Schematic lighting plans for the rights-of-way have been submitted (Sheet E1)and includes 25 freestanding pole light fixtures, all of which would be 20 feet in height, and have a decorative lighting fixture and side arm mount. There are no spot readings in excess of the maximum 5.9 foot-candles permitted. Signage: Site and building signage has not been finalized and a Sign Program consistent with the City's sign regulations will need to be approved for the site prior to requesting any respective sign permits (see Exhibit C — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. A public art master plan has been developed and will be integrated throughout the site (see Exhibit C — Conditions of Approval). RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit C — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 2_MSPM 19- 002\StaffReport\TownSquarePhase2_Staff Report-MSPM 19-002.doc Page 57 of 268 EXHIBIT A LOCATION MAP: TOWN SQUARE PHASES 2 AND 3 , E Flinlyin on,Beacn Blued ` *t , n e NE 1 st'Ave f E FOcean Ave MASTER PLAN ' - BOUNDARY i u S E 15st= M1Ve S } , �i Page 58 of 268 eE NVId 311S eplaOld`yOeas uOJUAOS = _ L 103JBd m :.essss H1f10S 321b�f1t)S NMOL NOlNA08 -ao t - oo CO) o -oH -Woo -o o o w m G - - a-- o - -- G a =_ -_ mm w w° - 'o'!" lo � gaga „`amm �a - �< �w N a 5�o - �w� - - -------- _ - a _ m O a�01°s - Oaa000 w 8a 8 os��a -- - w LO ww I O - m e N El 11 p Y u o 00 =loon" a H 0Iz N I�IF� a m3 NH MOOIV44�y I I 17PFIN w w a �� Na e oo ao — w�u Q m wO Ow y m O� mO oN w o w o. << LLo a sa osod azzo V� I ------------- ------------- ------------- ------------- e e sa a ; a gig§ W �61 �W 2 _ 9 r o x a \ r�w3a ,ew3a,.m� w3�sa I z ft N �aom_ �a 4a mPa a wa w e�Soa _ _ __ — — — — aavn3inoeis3aov3s� — — — — — "---- H-V�31f108 1S3HOV3S a P e Nttld 311S 9 eplaold`y3ea8 UOJUAo8 L 103JBd »> dsc N N E _. sees H1t10S 321�dt1bS NMOL NOlNA08 ao m -- _= ca o wo N 90,w aN _ _ _ co N --- wa zo p e� N I 3oN� 133211S 1S1_3'N 0 0 F waw ® o o z a o 0 w w p w CDO O O <>aao z2 0 0 a� of o w e Stn (€ ❑ W s I K e� E g W aY 0 0 0 0 e o e > I � w : J N ❑ e e Iml Vie,' aoa aww o LE a a ❑ :__ pO - sa�m Na o� 'a woa= m;7 a ,y=oga ® o=owo wz �f9 z - Osae 0,❑ � s CDQ �a =a z NO— N L 6� 0 a m N H S w w 09�0�y I I ❑ U w ❑ O a �IIIIIIII e - .I ,iiia— — iiil- �-- ■::: -- -- ■:::__ -- -- ...I Ji AI Ell Ell nl u- Vii■ ,:, !� �� _ ! l � i I i� � i �i�� � ''� i� f■ ��� - ,��.�iijiA � •�1 r-=I s mm r- is �ii i��s, . rdl i�► I. .•1 ii ilAl� li? \ 1■ I` s� �:I -- wi'-�' :wiiR wiiR.: lig► I:� u 1■P-jjl� i�l- Iii ili tl�' Iii II1 ■r wrl 3 li.L — — iii � � it -.o Iii wli J 1111111 - � 111 w • 01, � • ':i w • 0'■"■'I � i I; w n • ii ILII •�e ®.... ._.,,:. lie _'.. — I '� Illi •• _ I w III �g!- III �a u IIi! li 4l I II w L lil w ■■� is I� w 00000 __ lil eTi,pl i'll �-; Iii • I��IY'w w �Ili»�o=I� �_I _ li � III i •Il:i � ;_ �lil I� — ■IIIIIIII �01� '� a _ mum m.., AIME n. . : - r ' i i-i h • ��n Iii _ w �t. i• -- fiiil w��!'_- w11�F� w11�F w11oR• �'amp- --iiil IIIIIIIII y l1 a; I VIII 11111E 111111 I � k �� `I� VIIIIIII ISI I� IIII ■Y, � �s iN& 3i�1 IIT:Yi�YI�� ■ anu ���. 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DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Provide additional handicap parking spaces at main entrance. 2. Depict handicap ramps on all sidewalks along the perimeter of the property. 3. Provide a ramp under the porte cochere. 4. Provide an 18 inch clear zone for the columns supporting the porte cochere. 5. Depict a white stripe delineating the outside radii of the lane entering and leaving the parking garage and ensure a consistent width of 24 feet. 6. Provide a circulation plan showing service of the compactor. Provide 42 feet to safely service and ensure enough head clearance is provided if servicing from the garage. FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 7. Park impact fees are due at time of permitting. Page 71 of 268 Town Square Phase Two (MSPM 19-002) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 8. Prior to permitting, obtain approval of Major Master Plan Modification 19-001. 9. At time of permitting, provide manufacturer paint chips and call out all proposed colors and materials on proposed elevations. 10. Prior to permit approval, vacate the 10 foot FPL easement currently located under the west portion of the building. 11. Prior to permitting, provide a ROW dedication on Seacrest, SE 2nd Ave and SE 1 St per site plan hatched area. 12. Provide details of the first floor front porch railing. They must include accessible gates to the provided walkway to be consistent with the front porch design concept. 13. A sign program is required prior to issuance of any sign permits. 14. Correct line of sight diagrams to include a straight line from a person to the top of the parapet. 15. Coordinate with the City's Public Art's Manager to implement the approved Town Square Public Art's Master plan. 16. Provide parking spaces at 16.5 feet long with a two foot overhang. 17. Provide pedestrian connections from the residential building to the garage including a sidewalk and crosswalk at the southern end of the driveway. 18. Provide dimensions of driveway to be 24 feet in width. 19. Site plan and civil engineering plan dimensions are inconsistent. Revise plans to be consistent and meet Land Development Regulations. 20. Please provide a Tree Disposition / Mitigation Plan for the existing trees, per Chapter 4, Article I, Section 4.C. 21. On the Landscape Plan, please provide a chart depicting the % of landscape material by type (trees & palms, shrubs, and groundcovers), meeting the native / drought tolerant requirement Page 72 of 268 Town Square Phase Two (MSPM 19-002) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT of 50% in each category. 22. Please revise the canopy tree / palm tree ratio to depict no more than 50% of the trees as palm species, per Chapter 4, Article II, Section 4.A.3.a.(2) d. 23. Please revise Sheets LP-1, LP-2, and LP-3 to indicate the "Street Trees" — Live Oak High Rise will have a minimum 8 foot clear trunk, in compliance with Chapter 4, Article II, Section 4.13.5.c.(1). 24. Please correct the "Safe Sight Detail" on Sheet LP-3 to reflect the code requirement of clear space between 30" and 8'. 25. Please consider alternating segments of the Liriope plantings with blooming or colorful shrubs and groundcovers. 26. Please depict the required Signature Trees on each side of the driveway entrances, as required by Chapter 4, Article II, Section 4.A.3.a.(1). COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. SAP Ian ning\SHARE D\WP\PROJECTS\TOWN SQUARE\Town Square Phase 2_MSPM 19-002\StaffReport\ExhibitC_MSPM 19-002 COA.doc Page 73 of 268 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase Two (MSPM 19-002) APPLICANT: James S. Gielda, JKM BTS South, LLC APPLICANT'S ADDRESS: 2300 Glades Road, Suite 202E, Boca Raton FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: APPROVAL SOUGHT: Approve the Major Site Plan Modification (MSPM 19-002) for Town Square Phase two in order to construct a 261 unit apartment building that wraps the southern garage approved in the Town Square Phase 1 site plan on a 3.94 acre site. LOCATION OF PROPERTY: The property bound on the west by Seacrest Blvd.; on the north by SE 1St Avenue; on the east by NE 1St Street; and on the south by SE 2nd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 2—MSPM 19-002\StaffReport\MSPM19-002_DO.doc Page 74 of 268 7.7.D. New Business 3/26/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/26/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve a Height Exception (HTEX 19-001)for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. EXPLANATION OF REQUEST: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction of city hall and library building, a parking garage, right-of-way improvements, and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210-unit apartment building, a 104-unit age restricted apartment building, 8,512 square foot of restaurant space, 11,030 square foot of retail space, and an 875- space parking garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal (CDPA 19-001) from Chapter 4, Article 111, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001) in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted The Town Square project consists of a relatively complex arrangement among the P3 partners involving land transfers, building lease arrangements and construction responsibilities; however, it will ultimately result in a major enhancement of the city's property tax rolls. Additional financial benefits will be in the form of building permit and business tax/certificate of use revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: Given the size and attributes of the Town Square Development, it has or is currently associated with several headings or pillars such as "Culturally Distinct Downtown", "High Performing Organization" and even "Energetic Downtown...". CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 75 of 268 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Town Square Phase Three Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Letter Exhibit C ® Height Justification Statement D Letter Exhibit D ® CD PA Justification Statement D Conditions of Approval Exhibit E ® Conditions of Approval D Development Order Development Order Page 76 of 268 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-012 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Ztoing Administrator FROM: Amanda Bassiely, AICP Principal Planner DATE: March 19, 2019 PROJECT NAME: Town Square Phase Three Major Site Plan Modification (MSPM 19-005) Community Design Appeal (CDPA 19-001) Height Exception (HTEX 19-001) REQUEST: Approve a Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three in order to construct a 210 unit apartment building, a 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. Approve a Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards",which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Approve a Height Exception(HTEX 19-001)for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. PROJECT DESCRIPTION Property Owner: JKM BTS North, LLC Applicant: James S. Gielda, JKM BTS North, LLC Agent: James S. Gielda, JKM BTS North, LLC Location: The Phase Three(3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1st Street (see Exhibit"A"-Site Location Map). Page 77 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 2 Existing Land Use: MXM (Mixed Use Medium) Proposed Land Use: No change proposed Existing Zoning: MU-3 (Mixed Use 3) Proposed Zoning: No change proposed Proposed Use: Multifamily Residential and Commercial Acreage: 4.10 acres Adjacent Uses: Right-of-way for East Boynton Beach Boulevard, and farther north are North: developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3, (Community Commercial); and Right-of-way for East Ocean Avenue, and farther south, a portion of the South: approved Town Square Master Plan classified Mixed Use Medium (MXM) and zoned MU-3 (Mixed Use -3); and Right-of-way for SE 1st Street; father east are developed multi-family East: homes and commercial properties classified Medium Density Residential (MEDR)and Local Retail Commercial(LRC)and zoned R-3, (Multi-Family Residential District) and C-3 (Community Commercial) ; and A portion of the approved Town Square Master Plan classified Mixed West: Use Medium (MXM) and zoned MU-3 (Mixed Use -3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction city hall and library building, a parking garage, right-of-way improvements,and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 Page 78 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 3 square foot of restaurant space, 11,030 square foot retail space, and an 875 parking space garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal(CDPA 19- 001) from Chapter 4, Article III, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001)in orderto allowthe proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their information and review;they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards.The traffic study was performed for the master plan as a whole, and indicates that the project would generate an additional 209 AM Peak Hour trips and 274 PM Peak Hour trips. School: The approved Town Square master plan has 705 dwelling units planned within Phase Two and Three. The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development along with the integration of the new District Energy Plant that was recently approved to provide a shared central cooling resource for building cooling systems. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Page 79 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 4 Access: The overall master plan conforms to a grid block configuration and allows for vehicular flow through the project; however,access is limited to public streets and garage entries. In order to complete a vehicular grid system, SE 1st Avenue is proposed to connect to Seacrest Boulevard. To achieve a `main street' concept and slow traffic. Drop-off areas and angled on-street parking is proposed on Ocean Avenue.There are also two small surface parking lots; one located on NE 1 st Avenue and the other on SE 1 st Avenue to serve the commission chambers and the Historic Old High School. Paver sidewalks are provided along all right-of-ways and between buildings. The sidewalks along Boynton Beach Boulevard are proposed to be 15 feet width. The sidewalks along Ocean Avenue are proposed to be 16 feet in width and will be large enough to accommodate outdoor dining areas while maintaining a clear 5 foot walkway. The proposed sidewalk along NE 1St is 10 feet in width. Parking: This phase of the Town Square Master Plan includes 314 residential units, 11,030 of retail space and 8,512 square foot of restaurant space. A shared parking study accounts for all the required parking for the master plan area. Refer to staff report MPMD 19-001 for parking information. (see Exhibit E- Conditions of Approval). Landscaping: The Plant List (Sheets LP-3) indicates that the project would add a total of 229 trees and palm trees, 1,130 shrub specimens, and 5,693 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication (see Exhibit E - Conditions of Approval). The proposed tree species would include the following: High Rise Live Oak, White Multi-trunk Crepe Myrtle, Pink Tabebuia, Hong Kong Orchid Tree, and Gumbo Limbo. Palm species would include Royal Palm, Foxtail Palm, Sabal Palmetto, Montgomery Double, and Triple-trunk Palms, and Medjool Date Palm. Projects proposed in the Cultural District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces the building setbacks and encourage building placement abutting the street,thus creating an urban setting.The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings,tree canopy), and streetscape amenities (benches, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and planters in order to expanded sidewalks to allow for outdoor dining and shared use paths. The project also proposes building awnings, shade structures, street furniture, and pedestrian lighting to enhance the pedestrian experience. Building and Site: The proposed master plan site area totals 15.04 acres, while the Phase Three site area is 4.10 acres. This phase includes two residential buildings. Page 80 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 5 The first is located at the northeast corner of the site and consists of 210 dwelling units. Of the 210 units, 140 units are one-bedrooms, 53 units are two-bedroom units, and 17 units are three-bedrooms. The first floor of the building contains 11,030 square feet of retail space fronting Boynton Beach Boulevard. The building also has two private courtyards used as amenity decks. The building connects to the 875 parking space garage via elevated walkways. The second residential building is located at the northwest corner of East Ocean Avenue and NE 1St Street and consists of 104 age restricted (55 years of age or older)dwelling units. Of the 104 units, seven (7)are studios, 55 are one-bedroom units, and 42 are two-bedroom units. The first floor of the building contains private amenities for the residents and two public restaurants, which front East Ocean Avenue. The building also has a courtyard amenity deck and directly connects to the proposed parking garage to the north. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use — 3 (MU-3) zoning district has a maximum FAR of 3.0 and a minimum FAR of 1.75. The Master Plan totals 15.04 acres and includes both public and private projects. As a part of the Public/ Private Partnership process, several components were required to be incorporated into the Master Plan, these include maintaining the existing Old High School, maintaining the existing Children's Schoolhouse Museum, creating Kapok Park, and creating the amphitheater with the associated lawn area. The required areas total approximately four (4) acres; leaving the remaining areas to equal 11.04 acres (480,902 square feet). The minimum allowable built square footage is 841,579 (1.75 FAR), the maximum allowable built square footage is 1,442,706 (3.0 FAR). To date the approved square footage per phase is listed below: Town Square Phase APPROVED SQ FT Phase One 109,085 Phase Two 278,700 Phase Three 309639 Phase Four TBD 697,424 The Master Plan requires an additional 144,155 square feet be built with in Phase Four in order to comply with the minimum FAR of 1.75 (see Exhibit E - Conditions of Approval). FAR will be re-calculated as a part of the Phase Four site plan submittal for compliance with the Land Development Page 81 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 6 Regulations Building Height: The Land Development Regulations, Chapter 3, Article III, Section 5.C.1, Mixed Use (Urban) Districts Building and Site Regulations, limits all structures located within the MU-3 zoning district to a maximum height of 75 feet above the minimum finished floor with an additional five (5)foot parapet wall, totaling 80 feet in height. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission (HTEX 19-001). In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The applicant has prepared responses to the review criteria (see Exhibit C— Height Exception Justification Statement). The proposed building elevation of the north residential structure (Sheet AC3.01-2) depicts the typical flat roof deck height as 71 feet and 9 inches, with typical parapet wall with decorative cornice at approximately 80 feet and 9 inches.Tower elements and architectural features are proposed to extend up to 87 feet and 9 inches in height, 7 foot and 9 inches above the maximum allowable height in the MU-3 zoning district. The plans indicate that the requested height exception is not for the entire roof of the proposed structure, but only relatively small areas near the corners and the center, primarily to add architectural interest and variations in the roofline. As evidenced by previous approvals,this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception The proposed building elevation of the residential structure along NE 1St Street (Sheet AC3.01-3) depicts the typical flat roof deck height as 61 feet and three (3) inches, a typical parapet height of 70 feet and 7 inches, and an overall height of 75 feet. The proposed building elevation of the garage(SheetA4.01)depicts a"Level 7" height of 71 feet and 9 inches, however, overall heights have not been depicted (see Exhibit E — Conditions of Approval) Setbacks: The MU-3 zoning district requires no building setbacks, but rather a zero (0) foot build-to line. However,the building setbacks may be increased up to 15 feet administratively,without benefit of a Community Design Plan Appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas,fountains, or outdoor seating areas;2)optimize landscape design;3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. Right-of-way dedications are required along all adjacent streets (see Exhibit E - Conditions of Approval). The Page 82 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 7 building setback is measured from the proposed property line to the exterior surface of the building or supporting columns. Along Boynton Beach Boulevard the proposed building is setback 10 feet; along NE 1St Street the building is setback 1.9 feet; and there is a 1 foot setback from East Ocean Avenue, however the building face is setback 16 from the back of curb. Amenities: As stated above, the residential building include private courtyard amenity decks which include landscaped areas,walkways, benchs, swimming pools, pool decks, outdoor kitchen and a loggia. The overall Town Square Master Plan includes a space labled "The Green", a proposed 55,383 square foot public amphitheaterand open space, "Kapok Park" a 27, 688 square foot open space at the corner of Ocean Avenue and Seacrest Boulevard, and a 6,966 square foot playground on the north side of the Children's Schoolhouse Museum. The existing 5,500 square foot plaza located on the south side of the Children's Schoolhouse Museum will remain. Sidewalks and street trees are proposed along all right-of-ways and active areas are proposed along all main streets. The plan also identifies an extensive pedestrian circulation system throughout the site. Design: The proposed residential buildings have a coastal contemporary design, featuring a smooth stucco finish, parapet roof with towerfeatures,decorative cornices and banding, modulation of the facades, Bahama shutters, raised stucco banding, and white aluminum railings. The buildings share a neutral color palette with all colors being from Sherwin William. The body of each building is a variation of greys including Dorian Gray(SW7017), Mindful Gray (SW7016), Repose Gray (SW7015), and Worldly Gray (SW7043) used to create interest within the building's articulation. The trims of each building is Pure White (SW7005)and Dress Blue (SW1976) is used as an accent color to highlight the tower and pedestal feature. The proposed garage is located directly south of the 210 unit building and north of the 104 age restricted residential building. The two residential buildings screen the garage from view from both Boynton Beach Boulevard and East Ocean Avenue. However, the portion of the garage which fronts NE 1st Street, is not proposed to have habitable building space, which leaves the garage in view from the right-of-way. The applicant has submitted an application for a Community Design Plan Appeal (CDPA 19-001) from Land Development Regulations (LDR) Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space.The applicant has prepared responses to the review criteria (see Exhibit "D" - Justification Statement) and believes that the building as proposed will not significantly detract from the livability or appearance of the downtown and will be consistent with the desired character of the area and redevelopment plan. The proposed garage elevation (Sheet A4.01) is designed utilizing similar architectural features of the residential buildings on either side(see Exhibit E Page 83 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 8 — Conditions of Approval). While staff believes the appearance between habitable and non-habitable space will be distinguishable, the architectural treatments are such that the residential building and garage blend well together as a cohesive structure, as opposed to two distinct buildings. Staff recommends that the west elevations, and the portions of the exposed north elevations, be architecturally enhanced to match the east elevation (see Exhibit E—Conditions of Approval). Additionally,the fact that the applicant proposes to incorporate a living green screen on the fagade should add interest to the structure and enhance the pedestrian experience by furthering the artistic ambiance of the downtown. Lighting: Schematic lighting plans for the have been submitted (Sheet E1), however the foot-candle readings are not legible.Spot readings may not exceed of the maximum 5.9 foot-candles permitted. (see Exhibit E - Conditions of Approval). The plan includes 27 freestanding pole light fixtures, all of which would be 20 feet in height, and have a decorative lighting fixture and side arm mount. Signage: Site and building signage has not been finalized and a Sign Program consistent with the City's sign regulations will need to be approved for the site prior to requesting any respective sign permits (see Exhibit E — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. A public art master plan has been developed and will be integrated throughout the site (see Exhibit E — Conditions of Approval). RECOMMENDATION Staff has reviewed these requests for Major Site Plan Modification, Community Design Appeal,and Height Exception and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit E — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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To m </ < z r z LILLI TIJ TW r-U) ND 0 co T 7 2!7 O m 0 1 1 �..W M0 T M w;a . < > >z p m z z Z *Zl 0,0 U) r- --j 0 «7"w A00__j 0 ol z EXHIBIT C ,,/JKM EVE D 7 OPERS March 20, 2019 Ms. Amanda Bassiely Senior Planner—Urban Designer Development, Planning &Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E: _Bass ielyA4 bfl.us Height Exception Application for Boynton Town Square Phase 3 New Development Site Plan Application Dear Ms. Bassiely: The purpose of this letter is to formally request processing of a Height Exception Application for the Boynton Town Square Phase 3 project. As you are aware, there is currently a New Development Site Plan application for Phase 3 under review by the City. Phase 3 consists of three (3) primary structures: a North residential building; a Central residential building; and a parking garage. The Applicant is requesting a height exception of 12'-9" (or a maximum overall building height of 87'-9"vs 75') for the North residential building. The purpose of this additional height is to accommodate architectural mansard, parapet and tower elements that break up the horizontal roof plane. There is no habitable space proposed above the current 75' maximum height. The following review standards for a Height Exception Application as stated within the Boynton Beach Code of Ordinances are as follows: a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2)property values; 3) the living conditions; or 4) existing or proposed land uses; The proposed height exception has no affect on items 4144 above. In contrast, the additional height architecturally enhances the proposed building by supporting numerous architectural elements. None of these elements block light or air to adjacent properties. Adjacent properties include two (2) rights-of-way, a proposed parking structure and a vacant City-owned parcel currently programmed for future development as a hotel. The construction of an architecturally appealing building supports increases in property values and 102 NE 2nd Street,#203 ■ Boca Raton,FL 33432 m P:(561)886-6684 m F:(561)909-1326 www.jkmdevelopers.com Page 105 of 268 demonstrates that City land use and zoning regulations are compliant with market realities. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; The proposed height exception will not affect, or specifically deter, the development of adjacent properties in accordance with existing regulations. The additional height proposed serves to enhance the architectural character of the building and therefore the immediate area. In addition, the proposed building is adjacent to two (2)rights of way, a proposed parking garage, and a City-owned vacant parcel currently programmed for a future hotel. c. Whether the height exception would contribute to the architectural character and form of the proposed project; The proposed height exception of 12'-9" above the permitted maximum height of 75' is requested in order to enhance the architectural character of the proposed building. A mansard roof; parapet elements; and tower elements located above the 75' maximum building height work together in order to break up the horizontal plane of the roof lines. d. Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; The proposed height exception is to accommodate architectural elements only and does not encompass habitable living area. The proposed varied roof line and coastal architectural elements provide architectural character to the Town Square project and directly relate to the hardscape and landscape designs. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; The architectural elements that are accommodated via the proposed height exception provide additional roof top screening for the potential future installation of solar panels and rain harvesting equipment. Both of these installations contribute toward sustainable development and environmentally friendly architectural design. f. Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and The primary purpose of the propose height exception is to provide varied architectural elements that break up the roof plan and add significant interest to the building. No habitable spaces are accommodated by the proposed height increase. Page 106 of 268 g. Whether sufficient evidence has been presented to juste the need for a height exception. The proposed architectural plans for the North building illustrate the architectural treatments that enhance the aesthetic of the proposed building. These treatments help to define a sense of place within the Boynton Town Square development. Should you have any questions or require additional information,please feel free to contact me. Thank you. 7es y, ieldal Page 107 of 268 EXHIBIT D DEV PERS February 22, 2019 Ms. Amanda Bassiely Senior Planner—Urban Designer Development, Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E: 13assielyA(&bbfl.us RE: CDPA Application for Boynton Town Square Phase III (NorthCentral) Dear Ms. Bassiely: The purpose of this letter is to officially request relief from the standards of Chapter 4, Article I1I, Section 6 which require the placement of habitable building area adjacent to all collector or arterial roads within Mixed Use (Urban) districts. Furthermore, these standards prohibit the placement of parking garage facades adjacent to arterial or collector roads. Specific Code sections within Section 6 which refer to these restrictions are as follows: Chapter 4, Article III, Section 6, Paragraph .2, : "Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street frontage, notwithstanding adjustments for cross-visibility, and open areas devoted to public gathering or pedestrian circulation. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments... " Chapter 4, Article 1I1, Section 6, Paragraph F.2.c: "Freestanding Parking Garages. Freestandingparking garages are allowed within the "Mixed-Use (Urban)"districts provided that they do not have frontage on any arterial or collector roadway... " This request is specifically for the East facade only of the parking garage located in Phase III on Parcel 2. This parking garage provides parking for both private and City uses. The following review criteria (a through i) are utilized during the review of a CDPA request. Below are my responses to each criteria: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. 102 NE 2nd Street,#203 ■ Boca Raton,FL 33432 ■ P:(561)886-6684 ■ F:(561)909-1326 www.jkmdevelopers.com Page 108 of 268 The proposed deviation is consistent with the Comprehensive Plan and does not affect the City's Goals and Policies. Specifically, the proposed deviation has no effect on: • Compliant, range of land uses; • Complaint density and intensity; • Furthering compact, urban development; • Providing a variety of residential use types; • Preserving environmentally sensitive areas In contrast, the proposed deviation furthers the goal of providing recreation land uses to the public by providing easily accessible parking and aids in the redevelopment of the CRA area. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The proposed deviation will not create adverse livability or appearance within eh Boynton Town Square development. The exposed fagade of the parking garage includes architectural details that are consistent with adjacent buildings. The location of the parking garage, with adjacency to NE 1 sr Street, is also consistent with the Master Plan. c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The purpose of the current standard is to provide architecturally consistent "street wall"facades adjacent to arterial and collector roads. The inclusion of habitable area also furthers CPTED "eyes on the street" initiatives for pedestrian safety and security. The requested deviation will at a minimum equally further the intents of the current standard by providing a fagade that is architecturally consistent with adjacent buildings. Furthermore, this fagade serves as a primary access point for both vehicles and pedestrians,furthering CPTED principles. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and The proposed deviation has no affect on the preservation of flora and fauna as this is an urban location that is completely cleared. (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real Page 109 of 268 property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected. The proposed deviation has no affect on the preservation of flora and fauna as this is an urban location that is completely cleared. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. There are no adverse environmental conditions created by the proposed deviation. The site is cleared and void of vegetation. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. The proposed deviation will not have an adverse impact on the property values of abutting parcels. In contrast, the requested deviation will provide greater visibility and ease for Town Square parking, which therefore supports the economic viability of adjacent businesses and enhances public access to municipal uses. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. There is no adverse effect to light or air on adjacent parcels with the proposed deviation. The subject property is an urban, mid-rise site that supports up to 8 stories in height. In contrast, this East fagade of the parking garage is 5 stories in height. . Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. The proposed deviation furthers the economic development and business promotion objectives of the City by providing a highly identifiable location for parking. Ease of parking in urban mixed-use settings is a key ingredient for the economic viability of businesses. Ease ofparking for municipal uses (the public) encourages residents to visit the location and participate in City programmed public events. i. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed deviation does meet the intent of the standards by providing a street-wall adjacent to the base building line that is architecturally consistent with adjacent buildings. The deviation does not place the required habitable space adjacent to the Page 110 of 268 base building line, but supports a high level of public use as a primary vehicular and pedestrian access point for all of Town Square. This public use enhances "eyes on the street" and furthers the goal of providing a safe and secure downtown environment. Should you have any questions or require additional information,please feel free to contact me. Thank you. Zes elda Page 111 of 268 EXHIBIT "E" Conditions of Approval Project Name: Town Square Phase Three File number: MSPM 19-005/CDPA 19-001 / HTEX 19-001 Reference: 41h review of plans identified as a Maior Site Plan Modification with an March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Provide an 18-inch clear zone for the columns supporting the porte cochere. 2. Provide the height dimensions of the opening(s) to the parking garage. 3. The light poles and fixtures shall be coordinated with Town Square standard and shall be owned and maintained by FPL. 4. At the west entrance (NE 1 st Ave) of the parking garage please provide a turning radius for the south bound right turning movement. 5. At the dead end, on the first level of the parking garage, a tee-turn around is required in accordance with the City Engineering Handbook detail P-10. 6. Show safe corners, per the City's Engineering detail P-13, at all ingress/egress locations. 7. Please stencil within all loading zones "No Parking" FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 8. Park impact fees are due at time of permitting. Page 112 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING & ZONING Comments: 9. Prior to permitting, obtain approval of Major Master Plan Modification 19-001. 10. At time of permitting, provide manufacturer paint chips and call out all proposed colors and materials on all proposed elevations. 11. Prior to permitting, provide a ROW dedication on Boynton Beach Boulevard, Ocean Avenue, and NE 1 Street per site plan hatched area. 12. A sign program is required prior to issuance of any sign permits. 13. Coordinate with the City's Public Art's Manager to implement the approved Town Square Public Art's Master plan. 14. Provide locations for required covered bike racks. 15. Revise parallel parking spaces to meet the City Engineering Handbook detail. Any deviation require an Engineering Waiver. 16. Revise elevations to show all proposed overhead doors to be painted to match the building. 17. Remove the proposed landscape strip along Ocean Avenue and replace with street trees in flexi pave. 18. Revise landscape plans to include no less than 50% of the proposed 229 trees to be canopy trees. 19. Provide a detail for the wall proposed along the Children's Schoolhouse Museum. The wall must be decorative and provide landscaping along the outside of the wall. 20. The Master Plan requires an additional 144,155 square feet be built with in Phase Four in order to comply with the minimum FAR of 1.75. 21. Revise garage colors to be consistent with the proposed residential buildings Page 113 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 22. Enhance west elevation of the garage and the exposed portion of the north elevation of the garage to match the proposed east elevation. 23. Provide the overall height for the garage. The zoning district allows a maximum height of 75 feet with an additional 5 foot parapet wall. A height exception may be required if the garage exceeds the allowable height. 24. Provide a legible photometric plan with calculation not in excess of 5.9 foot-candles. 25. Provide color elevations of the entire east fagade (including the garage in place). COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\ExhibitE_MSPM 19-005 COA.doc Page 114 of 268 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase Three (HTEX 19-001) APPLICANT: James S. Gielda, JKM BTS North, LLC APPLICANT'S ADDRESS: 2300 Glades Road Suite, 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: APPROVAL SOUGHT: Approve a Height Exception (HTEX 19-001) for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. LOCATION OF PROPERTY: The Phase Three (3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1St Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\HTEX 19-001_DO.doc Page 115 of 268 7.7.E. New Business 3/26/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/26/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve a Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article 111, Section 6.F., "Off-Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. EXPLANATION OF REQUEST: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction city hall and library building, a parking garage, right-of-way improvements, and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 square foot of restaurant space, 11,030 square foot retail space, and an 875 parking space garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal (CDPA 19-001) from Chapter 4, Article 111, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001) in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The fiscal impact of the proposal will be negligible, other than the enhanced condition of the property with value represented by new residential construction, permit fees and certificate of use fees. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 116 of 268 ATTACHMENTS: Type Description D Staff Report Town Square Phase Three Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Letter Exhibit C ® HTEX Justification Statement D Letter Exhibit D ® CD PA Justification Statement D Conditions of Approval Exhibit E ® Conditions of Approval D Development Order Development Order Page 117 of 268 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-012 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Ztoing Administrator FROM: Amanda Bassiely, AICP Principal Planner DATE: March 19, 2019 PROJECT NAME: Town Square Phase Three Major Site Plan Modification (MSPM 19-005) Community Design Appeal (CDPA 19-001) Height Exception (HTEX 19-001) REQUEST: Approve a Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three in order to construct a 210 unit apartment building, a 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. Approve a Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards",which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Approve a Height Exception(HTEX 19-001)for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. PROJECT DESCRIPTION Property Owner: JKM BTS North, LLC Applicant: James S. Gielda, JKM BTS North, LLC Agent: James S. Gielda, JKM BTS North, LLC Location: The Phase Three(3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1st Street (see Exhibit"A"-Site Location Map). Page 118 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 2 Existing Land Use: MXM (Mixed Use Medium) Proposed Land Use: No change proposed Existing Zoning: MU-3 (Mixed Use 3) Proposed Zoning: No change proposed Proposed Use: Multifamily Residential and Commercial Acreage: 4.10 acres Adjacent Uses: Right-of-way for East Boynton Beach Boulevard, and farther north are North: developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3, (Community Commercial); and Right-of-way for East Ocean Avenue, and farther south, a portion of the South: approved Town Square Master Plan classified Mixed Use Medium (MXM) and zoned MU-3 (Mixed Use -3); and Right-of-way for SE 1st Street; father east are developed multi-family East: homes and commercial properties classified Medium Density Residential (MEDR)and Local Retail Commercial(LRC)and zoned R-3, (Multi-Family Residential District) and C-3 (Community Commercial) ; and A portion of the approved Town Square Master Plan classified Mixed West: Use Medium (MXM) and zoned MU-3 (Mixed Use -3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction city hall and library building, a parking garage, right-of-way improvements,and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 Page 119 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 3 square foot of restaurant space, 11,030 square foot retail space, and an 875 parking space garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal(CDPA 19- 001) from Chapter 4, Article III, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001)in orderto allowthe proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their information and review;they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards.The traffic study was performed for the master plan as a whole, and indicates that the project would generate an additional 209 AM Peak Hour trips and 274 PM Peak Hour trips. School: The approved Town Square master plan has 705 dwelling units planned within Phase Two and Three. The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development along with the integration of the new District Energy Plant that was recently approved to provide a shared central cooling resource for building cooling systems. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Page 120 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 4 Access: The overall master plan conforms to a grid block configuration and allows for vehicular flow through the project; however,access is limited to public streets and garage entries. In order to complete a vehicular grid system, SE 1st Avenue is proposed to connect to Seacrest Boulevard. To achieve a `main street' concept and slow traffic. Drop-off areas and angled on-street parking is proposed on Ocean Avenue.There are also two small surface parking lots; one located on NE 1 st Avenue and the other on SE 1 st Avenue to serve the commission chambers and the Historic Old High School. Paver sidewalks are provided along all right-of-ways and between buildings. The sidewalks along Boynton Beach Boulevard are proposed to be 15 feet width. The sidewalks along Ocean Avenue are proposed to be 16 feet in width and will be large enough to accommodate outdoor dining areas while maintaining a clear 5 foot walkway. The proposed sidewalk along NE 1St is 10 feet in width. Parking: This phase of the Town Square Master Plan includes 314 residential units, 11,030 of retail space and 8,512 square foot of restaurant space. A shared parking study accounts for all the required parking for the master plan area. Refer to staff report MPMD 19-001 for parking information. (see Exhibit E- Conditions of Approval). Landscaping: The Plant List (Sheets LP-3) indicates that the project would add a total of 229 trees and palm trees, 1,130 shrub specimens, and 5,693 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication (see Exhibit E - Conditions of Approval). The proposed tree species would include the following: High Rise Live Oak, White Multi-trunk Crepe Myrtle, Pink Tabebuia, Hong Kong Orchid Tree, and Gumbo Limbo. Palm species would include Royal Palm, Foxtail Palm, Sabal Palmetto, Montgomery Double, and Triple-trunk Palms, and Medjool Date Palm. Projects proposed in the Cultural District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces the building setbacks and encourage building placement abutting the street,thus creating an urban setting.The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings,tree canopy), and streetscape amenities (benches, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and planters in order to expanded sidewalks to allow for outdoor dining and shared use paths. The project also proposes building awnings, shade structures, street furniture, and pedestrian lighting to enhance the pedestrian experience. Building and Site: The proposed master plan site area totals 15.04 acres, while the Phase Three site area is 4.10 acres. This phase includes two residential buildings. Page 121 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 5 The first is located at the northeast corner of the site and consists of 210 dwelling units. Of the 210 units, 140 units are one-bedrooms, 53 units are two-bedroom units, and 17 units are three-bedrooms. The first floor of the building contains 11,030 square feet of retail space fronting Boynton Beach Boulevard. The building also has two private courtyards used as amenity decks. The building connects to the 875 parking space garage via elevated walkways. The second residential building is located at the northwest corner of East Ocean Avenue and NE 1St Street and consists of 104 age restricted (55 years of age or older)dwelling units. Of the 104 units, seven (7)are studios, 55 are one-bedroom units, and 42 are two-bedroom units. The first floor of the building contains private amenities for the residents and two public restaurants, which front East Ocean Avenue. The building also has a courtyard amenity deck and directly connects to the proposed parking garage to the north. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use — 3 (MU-3) zoning district has a maximum FAR of 3.0 and a minimum FAR of 1.75. The Master Plan totals 15.04 acres and includes both public and private projects. As a part of the Public/ Private Partnership process, several components were required to be incorporated into the Master Plan, these include maintaining the existing Old High School, maintaining the existing Children's Schoolhouse Museum, creating Kapok Park, and creating the amphitheater with the associated lawn area. The required areas total approximately four (4) acres; leaving the remaining areas to equal 11.04 acres (480,902 square feet). The minimum allowable built square footage is 841,579 (1.75 FAR), the maximum allowable built square footage is 1,442,706 (3.0 FAR). To date the approved square footage per phase is listed below: Town Square Phase APPROVED SQ FT Phase One 109,085 Phase Two 278,700 Phase Three 309639 Phase Four TBD 697,424 The Master Plan requires an additional 144,155 square feet be built with in Phase Four in order to comply with the minimum FAR of 1.75 (see Exhibit E - Conditions of Approval). FAR will be re-calculated as a part of the Phase Four site plan submittal for compliance with the Land Development Page 122 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 6 Regulations Building Height: The Land Development Regulations, Chapter 3, Article III, Section 5.C.1, Mixed Use (Urban) Districts Building and Site Regulations, limits all structures located within the MU-3 zoning district to a maximum height of 75 feet above the minimum finished floor with an additional five (5)foot parapet wall, totaling 80 feet in height. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission (HTEX 19-001). In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The applicant has prepared responses to the review criteria (see Exhibit C— Height Exception Justification Statement). The proposed building elevation of the north residential structure (Sheet AC3.01-2) depicts the typical flat roof deck height as 71 feet and 9 inches, with typical parapet wall with decorative cornice at approximately 80 feet and 9 inches.Tower elements and architectural features are proposed to extend up to 87 feet and 9 inches in height, 7 foot and 9 inches above the maximum allowable height in the MU-3 zoning district. The plans indicate that the requested height exception is not for the entire roof of the proposed structure, but only relatively small areas near the corners and the center, primarily to add architectural interest and variations in the roofline. As evidenced by previous approvals,this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception The proposed building elevation of the residential structure along NE 1St Street (Sheet AC3.01-3) depicts the typical flat roof deck height as 61 feet and three (3) inches, a typical parapet height of 70 feet and 7 inches, and an overall height of 75 feet. The proposed building elevation of the garage(SheetA4.01)depicts a"Level 7" height of 71 feet and 9 inches, however, overall heights have not been depicted (see Exhibit E — Conditions of Approval) Setbacks: The MU-3 zoning district requires no building setbacks, but rather a zero (0) foot build-to line. However,the building setbacks may be increased up to 15 feet administratively,without benefit of a Community Design Plan Appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas,fountains, or outdoor seating areas;2)optimize landscape design;3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. Right-of-way dedications are required along all adjacent streets (see Exhibit E - Conditions of Approval). The Page 123 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 7 building setback is measured from the proposed property line to the exterior surface of the building or supporting columns. Along Boynton Beach Boulevard the proposed building is setback 10 feet; along NE 1St Street the building is setback 1.9 feet; and there is a 1 foot setback from East Ocean Avenue, however the building face is setback 16 from the back of curb. Amenities: As stated above, the residential building include private courtyard amenity decks which include landscaped areas,walkways, benchs, swimming pools, pool decks, outdoor kitchen and a loggia. The overall Town Square Master Plan includes a space labled "The Green", a proposed 55,383 square foot public amphitheaterand open space, "Kapok Park" a 27, 688 square foot open space at the corner of Ocean Avenue and Seacrest Boulevard, and a 6,966 square foot playground on the north side of the Children's Schoolhouse Museum. The existing 5,500 square foot plaza located on the south side of the Children's Schoolhouse Museum will remain. Sidewalks and street trees are proposed along all right-of-ways and active areas are proposed along all main streets. The plan also identifies an extensive pedestrian circulation system throughout the site. Design: The proposed residential buildings have a coastal contemporary design, featuring a smooth stucco finish, parapet roof with towerfeatures,decorative cornices and banding, modulation of the facades, Bahama shutters, raised stucco banding, and white aluminum railings. The buildings share a neutral color palette with all colors being from Sherwin William. The body of each building is a variation of greys including Dorian Gray(SW7017), Mindful Gray (SW7016), Repose Gray (SW7015), and Worldly Gray (SW7043) used to create interest within the building's articulation. The trims of each building is Pure White (SW7005)and Dress Blue (SW1976) is used as an accent color to highlight the tower and pedestal feature. The proposed garage is located directly south of the 210 unit building and north of the 104 age restricted residential building. The two residential buildings screen the garage from view from both Boynton Beach Boulevard and East Ocean Avenue. However, the portion of the garage which fronts NE 1st Street, is not proposed to have habitable building space, which leaves the garage in view from the right-of-way. The applicant has submitted an application for a Community Design Plan Appeal (CDPA 19-001) from Land Development Regulations (LDR) Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space.The applicant has prepared responses to the review criteria (see Exhibit "D" - Justification Statement) and believes that the building as proposed will not significantly detract from the livability or appearance of the downtown and will be consistent with the desired character of the area and redevelopment plan. The proposed garage elevation (Sheet A4.01) is designed utilizing similar architectural features of the residential buildings on either side(see Exhibit E Page 124 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 8 — Conditions of Approval). While staff believes the appearance between habitable and non-habitable space will be distinguishable, the architectural treatments are such that the residential building and garage blend well together as a cohesive structure, as opposed to two distinct buildings. Staff recommends that the west elevations, and the portions of the exposed north elevations, be architecturally enhanced to match the east elevation (see Exhibit E—Conditions of Approval). Additionally,the fact that the applicant proposes to incorporate a living green screen on the fagade should add interest to the structure and enhance the pedestrian experience by furthering the artistic ambiance of the downtown. Lighting: Schematic lighting plans for the have been submitted (Sheet E1), however the foot-candle readings are not legible.Spot readings may not exceed of the maximum 5.9 foot-candles permitted. (see Exhibit E - Conditions of Approval). The plan includes 27 freestanding pole light fixtures, all of which would be 20 feet in height, and have a decorative lighting fixture and side arm mount. Signage: Site and building signage has not been finalized and a Sign Program consistent with the City's sign regulations will need to be approved for the site prior to requesting any respective sign permits (see Exhibit E — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. A public art master plan has been developed and will be integrated throughout the site (see Exhibit E — Conditions of Approval). RECOMMENDATION Staff has reviewed these requests for Major Site Plan Modification, Community Design Appeal,and Height Exception and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit E — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\TS_Phase3_Staff Report -MSPM 19-005 3.20.doc Page 125 of 268 EXHIBIT A LOCATION MAP: TOWN SQUARE PHASES 2 AND 3 , E Flinlyin on,Beacn Blued ` *t , n e NE 1 st'Ave f E FOcean Ave MASTER PLAN ' - BOUNDARY i u S E 15st= M1Ve S } , �i Page 126 of 268 eE NVId 311S eplaold`y3ea8 UOJUAOS = o _ v ❑ \Y �@�m p £ '8 Z S103JBd :III GSeyd z T 1 aN U- Ht 321�dt1bS NMOL NOlNA08 d -- oo CO o o RR G kook -Q� oa - -- - -- - - - �m a w- W - 2HE IH o uo - � g - --a� --a� a aaaam aamm lo loa a - � 4- 133a1S 1Sl 0 — —� - I` 1 3W S 1S1'3—N _—_ <��^ •a m§ m Z -- - - - �� o �m ❑ ' gg 3 0) a a o ci og ❑ �I ❑JO ❑ U N� - _¢, s Jy w o� W m�I as Iw Q Y ° a m a = a� �I 5 _ ooh �8� m § I ¢6� g.m=" w� El g W - S- ❑ a - tiam og ❑ ❑ ° W i IIS ���� ° � 4 ��� � �I4 u z J 4�a W Y i `� J ❑ � II u a `I —Ty LUL), ° �oo�n aN� o vo� --- O �M 3SHHd - � I II 1 - ;� §g o 1 s '®� ❑ ___- to a� I w w J J g a K $ I Q =I= V I �owQ a � � � Im. �� ❑ Iaw� o ~ w NF— LUw=w� _ m --o s o g rs< K O I w Qmm p a N� � u1 LU W o z 1 u w �s w o I o� wgmom 8 INi- 3SH Im I I I ��� I � e�eo �I14 � 1 8 81'I §n Q Qo WWW m o i a� _ a NVId 311S eplaOld`yOeas uOJUAOS = q £ '8 Z S103JBd :III aSeud z »> Y�s�m N N n _. sees 3Uvnt)S NMOL NOINA013 ao m - oo CO) o Sao - mo Boz o. - o9= go - z Tl =o o< _ w a - _ wa - o0 ozz o - oo co was M N w co N Q _ � o- - Y Y z _ Q �z Qz -- - z Q -o 0� L-a �o ao Al g�om w =w 133 � _—_—_—_ 211S 1S13'N 3N - k--_�z _ .,—� �__ m w _ 4 I_ 4 — O p O _ _ g o' I a� c'Vy N. p zzo W _ so 2F A. a w W g _ JJJ dU S o °Y O Z I a a .fid ❑dam J � -- --. 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Boynton Beach Blvd. Boynton Beach, FL 33435 E: _Bass ielyA4 bfl.us Height Exception Application for Boynton Town Square Phase 3 New Development Site Plan Application Dear Ms. Bassiely: The purpose of this letter is to formally request processing of a Height Exception Application for the Boynton Town Square Phase 3 project. As you are aware, there is currently a New Development Site Plan application for Phase 3 under review by the City. Phase 3 consists of three (3) primary structures: a North residential building; a Central residential building; and a parking garage. The Applicant is requesting a height exception of 12'-9" (or a maximum overall building height of 87'-9"vs 75') for the North residential building. The purpose of this additional height is to accommodate architectural mansard, parapet and tower elements that break up the horizontal roof plane. There is no habitable space proposed above the current 75' maximum height. The following review standards for a Height Exception Application as stated within the Boynton Beach Code of Ordinances are as follows: a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2)property values; 3) the living conditions; or 4) existing or proposed land uses; The proposed height exception has no affect on items 4144 above. In contrast, the additional height architecturally enhances the proposed building by supporting numerous architectural elements. None of these elements block light or air to adjacent properties. Adjacent properties include two (2) rights-of-way, a proposed parking structure and a vacant City-owned parcel currently programmed for future development as a hotel. The construction of an architecturally appealing building supports increases in property values and 102 NE 2nd Street,#203 ■ Boca Raton,FL 33432 m P:(561)886-6684 m F:(561)909-1326 www.jkmdevelopers.com Page 146 of 268 demonstrates that City land use and zoning regulations are compliant with market realities. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; The proposed height exception will not affect, or specifically deter, the development of adjacent properties in accordance with existing regulations. The additional height proposed serves to enhance the architectural character of the building and therefore the immediate area. In addition, the proposed building is adjacent to two (2)rights of way, a proposed parking garage, and a City-owned vacant parcel currently programmed for a future hotel. c. Whether the height exception would contribute to the architectural character and form of the proposed project; The proposed height exception of 12'-9" above the permitted maximum height of 75' is requested in order to enhance the architectural character of the proposed building. A mansard roof; parapet elements; and tower elements located above the 75' maximum building height work together in order to break up the horizontal plane of the roof lines. d. Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; The proposed height exception is to accommodate architectural elements only and does not encompass habitable living area. The proposed varied roof line and coastal architectural elements provide architectural character to the Town Square project and directly relate to the hardscape and landscape designs. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; The architectural elements that are accommodated via the proposed height exception provide additional roof top screening for the potential future installation of solar panels and rain harvesting equipment. Both of these installations contribute toward sustainable development and environmentally friendly architectural design. f. Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and The primary purpose of the propose height exception is to provide varied architectural elements that break up the roof plan and add significant interest to the building. No habitable spaces are accommodated by the proposed height increase. Page 147 of 268 g. Whether sufficient evidence has been presented to juste the need for a height exception. The proposed architectural plans for the North building illustrate the architectural treatments that enhance the aesthetic of the proposed building. These treatments help to define a sense of place within the Boynton Town Square development. Should you have any questions or require additional information,please feel free to contact me. Thank you. 7es y, ieldal Page 148 of 268 EXHIBIT D DEV PERS February 22, 2019 Ms. Amanda Bassiely Senior Planner—Urban Designer Development, Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E: 13assielyA(&bbfl.us RE: CDPA Application for Boynton Town Square Phase III (NorthCentral) Dear Ms. Bassiely: The purpose of this letter is to officially request relief from the standards of Chapter 4, Article I1I, Section 6 which require the placement of habitable building area adjacent to all collector or arterial roads within Mixed Use (Urban) districts. Furthermore, these standards prohibit the placement of parking garage facades adjacent to arterial or collector roads. Specific Code sections within Section 6 which refer to these restrictions are as follows: Chapter 4, Article III, Section 6, Paragraph .2, : "Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street frontage, notwithstanding adjustments for cross-visibility, and open areas devoted to public gathering or pedestrian circulation. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments... " Chapter 4, Article 1I1, Section 6, Paragraph F.2.c: "Freestanding Parking Garages. Freestandingparking garages are allowed within the "Mixed-Use (Urban)"districts provided that they do not have frontage on any arterial or collector roadway... " This request is specifically for the East facade only of the parking garage located in Phase III on Parcel 2. This parking garage provides parking for both private and City uses. The following review criteria (a through i) are utilized during the review of a CDPA request. Below are my responses to each criteria: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. 102 NE 2nd Street,#203 ■ Boca Raton,FL 33432 ■ P:(561)886-6684 ■ F:(561)909-1326 www.jkmdevelopers.com Page 149 of 268 The proposed deviation is consistent with the Comprehensive Plan and does not affect the City's Goals and Policies. Specifically, the proposed deviation has no effect on: • Compliant, range of land uses; • Complaint density and intensity; • Furthering compact, urban development; • Providing a variety of residential use types; • Preserving environmentally sensitive areas In contrast, the proposed deviation furthers the goal of providing recreation land uses to the public by providing easily accessible parking and aids in the redevelopment of the CRA area. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The proposed deviation will not create adverse livability or appearance within eh Boynton Town Square development. The exposed fagade of the parking garage includes architectural details that are consistent with adjacent buildings. The location of the parking garage, with adjacency to NE 1 sr Street, is also consistent with the Master Plan. c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The purpose of the current standard is to provide architecturally consistent "street wall"facades adjacent to arterial and collector roads. The inclusion of habitable area also furthers CPTED "eyes on the street" initiatives for pedestrian safety and security. The requested deviation will at a minimum equally further the intents of the current standard by providing a fagade that is architecturally consistent with adjacent buildings. Furthermore, this fagade serves as a primary access point for both vehicles and pedestrians,furthering CPTED principles. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and The proposed deviation has no affect on the preservation of flora and fauna as this is an urban location that is completely cleared. (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real Page 150 of 268 property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected. The proposed deviation has no affect on the preservation of flora and fauna as this is an urban location that is completely cleared. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. There are no adverse environmental conditions created by the proposed deviation. The site is cleared and void of vegetation. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. The proposed deviation will not have an adverse impact on the property values of abutting parcels. In contrast, the requested deviation will provide greater visibility and ease for Town Square parking, which therefore supports the economic viability of adjacent businesses and enhances public access to municipal uses. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. There is no adverse effect to light or air on adjacent parcels with the proposed deviation. The subject property is an urban, mid-rise site that supports up to 8 stories in height. In contrast, this East fagade of the parking garage is 5 stories in height. . Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. The proposed deviation furthers the economic development and business promotion objectives of the City by providing a highly identifiable location for parking. Ease of parking in urban mixed-use settings is a key ingredient for the economic viability of businesses. Ease ofparking for municipal uses (the public) encourages residents to visit the location and participate in City programmed public events. i. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed deviation does meet the intent of the standards by providing a street-wall adjacent to the base building line that is architecturally consistent with adjacent buildings. The deviation does not place the required habitable space adjacent to the Page 151 of 268 base building line, but supports a high level of public use as a primary vehicular and pedestrian access point for all of Town Square. This public use enhances "eyes on the street" and furthers the goal of providing a safe and secure downtown environment. Should you have any questions or require additional information,please feel free to contact me. Thank you. Zes elda Page 152 of 268 EXHIBIT "E" Conditions of Approval Project Name: Town Square Phase Three File number: MSPM 19-005/CDPA 19-001 / HTEX 19-001 Reference: 41h review of plans identified as a Maior Site Plan Modification with an March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Provide an 18-inch clear zone for the columns supporting the porte cochere. 2. Provide the height dimensions of the opening(s) to the parking garage. 3. The light poles and fixtures shall be coordinated with Town Square standard and shall be owned and maintained by FPL. 4. At the west entrance (NE 1 st Ave) of the parking garage please provide a turning radius for the south bound right turning movement. 5. At the dead end, on the first level of the parking garage, a tee-turn around is required in accordance with the City Engineering Handbook detail P-10. 6. Show safe corners, per the City's Engineering detail P-13, at all ingress/egress locations. 7. Please stencil within all loading zones "No Parking" FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 8. Park impact fees are due at time of permitting. Page 153 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING & ZONING Comments: 9. Prior to permitting, obtain approval of Major Master Plan Modification 19-001. 10. At time of permitting, provide manufacturer paint chips and call out all proposed colors and materials on all proposed elevations. 11. Prior to permitting, provide a ROW dedication on Boynton Beach Boulevard, Ocean Avenue, and NE 1 Street per site plan hatched area. 12. A sign program is required prior to issuance of any sign permits. 13. Coordinate with the City's Public Art's Manager to implement the approved Town Square Public Art's Master plan. 14. Provide locations for required covered bike racks. 15. Revise parallel parking spaces to meet the City Engineering Handbook detail. Any deviation require an Engineering Waiver. 16. Revise elevations to show all proposed overhead doors to be painted to match the building. 17. Remove the proposed landscape strip along Ocean Avenue and replace with street trees in flexi pave. 18. Revise landscape plans to include no less than 50% of the proposed 229 trees to be canopy trees. 19. Provide a detail for the wall proposed along the Children's Schoolhouse Museum. The wall must be decorative and provide landscaping along the outside of the wall. 20. The Master Plan requires an additional 144,155 square feet be built with in Phase Four in order to comply with the minimum FAR of 1.75. 21. Revise garage colors to be consistent with the proposed residential buildings Page 154 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 22. Enhance west elevation of the garage and the exposed portion of the north elevation of the garage to match the proposed east elevation. 23. Provide the overall height for the garage. The zoning district allows a maximum height of 75 feet with an additional 5 foot parapet wall. A height exception may be required if the garage exceeds the allowable height. 24. Provide a legible photometric plan with calculation not in excess of 5.9 foot-candles. 25. Provide color elevations of the entire east fagade (including the garage in place). COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\ExhibitE_MSPM 19-005 COA.doc Page 155 of 268 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase Three (CDPA 19-001) APPLICANT: James S. Gielda, JKM BTS North, LLC APPLICANT'S ADDRESS: 2300 Glades Road Suite, 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: APPROVAL SOUGHT: Approve a Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. LOCATION OF PROPERTY: The Phase Three (3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1St Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\CDPA 19-001_DO.doc Page 156 of 268 7.7.F. New Business 3/26/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/26/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve a Major Site Plan Modification (MSPM 19-005)for Town Square Phase Three in order to construct a 210 unit apartment building, a 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. EXPLANATION OF REQUEST: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction city hall and library building, a parking garage, right-of-way improvements, and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 square foot of restaurant space, 11,030 square foot retail space, and an 875 parking space garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal (CDPA 19-001) from Chapter 4, Article 111, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001) in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted The Town Square project consists of a relatively complex arrangement among the P3 partners involving land transfers, building lease arrangements and construction responsibilities; however, it will ultimately result in a major enhancement of the city's property tax rolls. Additional financial benefits will be in the form of building permit and business tax certificate of use revenues. ALTERNATIVES: None recommended. STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: This Town Square Development is currently under the heading "Culturally Distinct Downtown" within the City's Strategic Plan, and has also corresponded with other headings or pillars such as High Performing Organization. Given the significant size and anticipated impact on the downtown area, it could also correspond with topics or descriptions as "Energetic Downtown" and "Growing Jobs and Business Opportunities". CLIMATE ACTION: No Page 157 of 268 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Town Square Phase Three Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Letter Exhibit C ® HTEX Justification Statement D Letter Exhibit D ® CD PA Justification Statement D Conditions of Approval Exhibit E ® Conditions of Approval D Development Order Development Order Page 158 of 268 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-012 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Ztoing Administrator FROM: Amanda Bassiely, AICP Principal Planner DATE: March 19, 2019 PROJECT NAME: Town Square Phase Three Major Site Plan Modification (MSPM 19-005) Community Design Appeal (CDPA 19-001) Height Exception (HTEX 19-001) REQUEST: Approve a Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three in order to construct a 210 unit apartment building, a 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space, and an 875 parking space garage on a 4.10 acre site. Approve a Community Design Appeal (CDPA 19-001) for Town Square Phase Three from Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards",which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Approve a Height Exception(HTEX 19-001)for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. PROJECT DESCRIPTION Property Owner: JKM BTS North, LLC Applicant: James S. Gielda, JKM BTS North, LLC Agent: James S. Gielda, JKM BTS North, LLC Location: The Phase Three(3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1st Street (see Exhibit"A"-Site Location Map). Page 159 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 2 Existing Land Use: MXM (Mixed Use Medium) Proposed Land Use: No change proposed Existing Zoning: MU-3 (Mixed Use 3) Proposed Zoning: No change proposed Proposed Use: Multifamily Residential and Commercial Acreage: 4.10 acres Adjacent Uses: Right-of-way for East Boynton Beach Boulevard, and farther north are North: developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3, (Community Commercial); and Right-of-way for East Ocean Avenue, and farther south, a portion of the South: approved Town Square Master Plan classified Mixed Use Medium (MXM) and zoned MU-3 (Mixed Use -3); and Right-of-way for SE 1st Street; father east are developed multi-family East: homes and commercial properties classified Medium Density Residential (MEDR)and Local Retail Commercial(LRC)and zoned R-3, (Multi-Family Residential District) and C-3 (Community Commercial) ; and A portion of the approved Town Square Master Plan classified Mixed West: Use Medium (MXM) and zoned MU-3 (Mixed Use -3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. James Gielda, agent for the JKM BTS North, LLC is requesting approval of a Major Site Plan Modification for the third phase of the Town Square Master Plan. Phase One included the construction city hall and library building, a parking garage, right-of-way improvements,and public amenities. Phase Two included a residential wrap around the southern garage containing 261 dwelling units. This request, Phase Three, consists of a 210 unit apartment building, a 104 unit age restricted apartment building, 8,512 Page 160 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 3 square foot of restaurant space, 11,030 square foot retail space, and an 875 parking space garage which includes 223 valet parking spaces. The applicant is concurrently requesting a Community Design Appeal(CDPA 19- 001) from Chapter 4, Article III, Section 6 Paragraph F.2.c, which requires that habitable building area is provided around parking structures that have frontages on collector or arterial roads. The applicant is also requesting approval of a Height Exception (HTEX 19-001)in orderto allowthe proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their information and review;they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards.The traffic study was performed for the master plan as a whole, and indicates that the project would generate an additional 209 AM Peak Hour trips and 274 PM Peak Hour trips. School: The approved Town Square master plan has 705 dwelling units planned within Phase Two and Three. The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development along with the integration of the new District Energy Plant that was recently approved to provide a shared central cooling resource for building cooling systems. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Page 161 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 4 Access: The overall master plan conforms to a grid block configuration and allows for vehicular flow through the project; however,access is limited to public streets and garage entries. In order to complete a vehicular grid system, SE 1st Avenue is proposed to connect to Seacrest Boulevard. To achieve a `main street' concept and slow traffic. Drop-off areas and angled on-street parking is proposed on Ocean Avenue.There are also two small surface parking lots; one located on NE 1 st Avenue and the other on SE 1 st Avenue to serve the commission chambers and the Historic Old High School. Paver sidewalks are provided along all right-of-ways and between buildings. The sidewalks along Boynton Beach Boulevard are proposed to be 15 feet width. The sidewalks along Ocean Avenue are proposed to be 16 feet in width and will be large enough to accommodate outdoor dining areas while maintaining a clear 5 foot walkway. The proposed sidewalk along NE 1St is 10 feet in width. Parking: This phase of the Town Square Master Plan includes 314 residential units, 11,030 of retail space and 8,512 square foot of restaurant space. A shared parking study accounts for all the required parking for the master plan area. Refer to staff report MPMD 19-001 for parking information. (see Exhibit E- Conditions of Approval). Landscaping: The Plant List (Sheets LP-3) indicates that the project would add a total of 229 trees and palm trees, 1,130 shrub specimens, and 5,693 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication (see Exhibit E - Conditions of Approval). The proposed tree species would include the following: High Rise Live Oak, White Multi-trunk Crepe Myrtle, Pink Tabebuia, Hong Kong Orchid Tree, and Gumbo Limbo. Palm species would include Royal Palm, Foxtail Palm, Sabal Palmetto, Montgomery Double, and Triple-trunk Palms, and Medjool Date Palm. Projects proposed in the Cultural District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces the building setbacks and encourage building placement abutting the street,thus creating an urban setting.The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings,tree canopy), and streetscape amenities (benches, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and planters in order to expanded sidewalks to allow for outdoor dining and shared use paths. The project also proposes building awnings, shade structures, street furniture, and pedestrian lighting to enhance the pedestrian experience. Building and Site: The proposed master plan site area totals 15.04 acres, while the Phase Three site area is 4.10 acres. This phase includes two residential buildings. Page 162 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 5 The first is located at the northeast corner of the site and consists of 210 dwelling units. Of the 210 units, 140 units are one-bedrooms, 53 units are two-bedroom units, and 17 units are three-bedrooms. The first floor of the building contains 11,030 square feet of retail space fronting Boynton Beach Boulevard. The building also has two private courtyards used as amenity decks. The building connects to the 875 parking space garage via elevated walkways. The second residential building is located at the northwest corner of East Ocean Avenue and NE 1St Street and consists of 104 age restricted (55 years of age or older)dwelling units. Of the 104 units, seven (7)are studios, 55 are one-bedroom units, and 42 are two-bedroom units. The first floor of the building contains private amenities for the residents and two public restaurants, which front East Ocean Avenue. The building also has a courtyard amenity deck and directly connects to the proposed parking garage to the north. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use — 3 (MU-3) zoning district has a maximum FAR of 3.0 and a minimum FAR of 1.75. The Master Plan totals 15.04 acres and includes both public and private projects. As a part of the Public/ Private Partnership process, several components were required to be incorporated into the Master Plan, these include maintaining the existing Old High School, maintaining the existing Children's Schoolhouse Museum, creating Kapok Park, and creating the amphitheater with the associated lawn area. The required areas total approximately four (4) acres; leaving the remaining areas to equal 11.04 acres (480,902 square feet). The minimum allowable built square footage is 841,579 (1.75 FAR), the maximum allowable built square footage is 1,442,706 (3.0 FAR). To date the approved square footage per phase is listed below: Town Square Phase APPROVED SQ FT Phase One 109,085 Phase Two 278,700 Phase Three 309639 Phase Four TBD 697,424 The Master Plan requires an additional 144,155 square feet be built with in Phase Four in order to comply with the minimum FAR of 1.75 (see Exhibit E - Conditions of Approval). FAR will be re-calculated as a part of the Phase Four site plan submittal for compliance with the Land Development Page 163 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 6 Regulations Building Height: The Land Development Regulations, Chapter 3, Article III, Section 5.C.1, Mixed Use (Urban) Districts Building and Site Regulations, limits all structures located within the MU-3 zoning district to a maximum height of 75 feet above the minimum finished floor with an additional five (5)foot parapet wall, totaling 80 feet in height. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission (HTEX 19-001). In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The applicant has prepared responses to the review criteria (see Exhibit C— Height Exception Justification Statement). The proposed building elevation of the north residential structure (Sheet AC3.01-2) depicts the typical flat roof deck height as 71 feet and 9 inches, with typical parapet wall with decorative cornice at approximately 80 feet and 9 inches.Tower elements and architectural features are proposed to extend up to 87 feet and 9 inches in height, 7 foot and 9 inches above the maximum allowable height in the MU-3 zoning district. The plans indicate that the requested height exception is not for the entire roof of the proposed structure, but only relatively small areas near the corners and the center, primarily to add architectural interest and variations in the roofline. As evidenced by previous approvals,this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception The proposed building elevation of the residential structure along NE 1St Street (Sheet AC3.01-3) depicts the typical flat roof deck height as 61 feet and three (3) inches, a typical parapet height of 70 feet and 7 inches, and an overall height of 75 feet. The proposed building elevation of the garage(SheetA4.01)depicts a"Level 7" height of 71 feet and 9 inches, however, overall heights have not been depicted (see Exhibit E — Conditions of Approval) Setbacks: The MU-3 zoning district requires no building setbacks, but rather a zero (0) foot build-to line. However,the building setbacks may be increased up to 15 feet administratively,without benefit of a Community Design Plan Appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas,fountains, or outdoor seating areas;2)optimize landscape design;3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. Right-of-way dedications are required along all adjacent streets (see Exhibit E - Conditions of Approval). The Page 164 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 7 building setback is measured from the proposed property line to the exterior surface of the building or supporting columns. Along Boynton Beach Boulevard the proposed building is setback 10 feet; along NE 1St Street the building is setback 1.9 feet; and there is a 1 foot setback from East Ocean Avenue, however the building face is setback 16 from the back of curb. Amenities: As stated above, the residential building include private courtyard amenity decks which include landscaped areas,walkways, benchs, swimming pools, pool decks, outdoor kitchen and a loggia. The overall Town Square Master Plan includes a space labled "The Green", a proposed 55,383 square foot public amphitheaterand open space, "Kapok Park" a 27, 688 square foot open space at the corner of Ocean Avenue and Seacrest Boulevard, and a 6,966 square foot playground on the north side of the Children's Schoolhouse Museum. The existing 5,500 square foot plaza located on the south side of the Children's Schoolhouse Museum will remain. Sidewalks and street trees are proposed along all right-of-ways and active areas are proposed along all main streets. The plan also identifies an extensive pedestrian circulation system throughout the site. Design: The proposed residential buildings have a coastal contemporary design, featuring a smooth stucco finish, parapet roof with towerfeatures,decorative cornices and banding, modulation of the facades, Bahama shutters, raised stucco banding, and white aluminum railings. The buildings share a neutral color palette with all colors being from Sherwin William. The body of each building is a variation of greys including Dorian Gray(SW7017), Mindful Gray (SW7016), Repose Gray (SW7015), and Worldly Gray (SW7043) used to create interest within the building's articulation. The trims of each building is Pure White (SW7005)and Dress Blue (SW1976) is used as an accent color to highlight the tower and pedestal feature. The proposed garage is located directly south of the 210 unit building and north of the 104 age restricted residential building. The two residential buildings screen the garage from view from both Boynton Beach Boulevard and East Ocean Avenue. However, the portion of the garage which fronts NE 1st Street, is not proposed to have habitable building space, which leaves the garage in view from the right-of-way. The applicant has submitted an application for a Community Design Plan Appeal (CDPA 19-001) from Land Development Regulations (LDR) Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space.The applicant has prepared responses to the review criteria (see Exhibit "D" - Justification Statement) and believes that the building as proposed will not significantly detract from the livability or appearance of the downtown and will be consistent with the desired character of the area and redevelopment plan. The proposed garage elevation (Sheet A4.01) is designed utilizing similar architectural features of the residential buildings on either side(see Exhibit E Page 165 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Memorandum No PZ 19-012 Page 8 — Conditions of Approval). While staff believes the appearance between habitable and non-habitable space will be distinguishable, the architectural treatments are such that the residential building and garage blend well together as a cohesive structure, as opposed to two distinct buildings. Staff recommends that the west elevations, and the portions of the exposed north elevations, be architecturally enhanced to match the east elevation (see Exhibit E—Conditions of Approval). Additionally,the fact that the applicant proposes to incorporate a living green screen on the fagade should add interest to the structure and enhance the pedestrian experience by furthering the artistic ambiance of the downtown. Lighting: Schematic lighting plans for the have been submitted (Sheet E1), however the foot-candle readings are not legible.Spot readings may not exceed of the maximum 5.9 foot-candles permitted. (see Exhibit E - Conditions of Approval). The plan includes 27 freestanding pole light fixtures, all of which would be 20 feet in height, and have a decorative lighting fixture and side arm mount. Signage: Site and building signage has not been finalized and a Sign Program consistent with the City's sign regulations will need to be approved for the site prior to requesting any respective sign permits (see Exhibit E — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. A public art master plan has been developed and will be integrated throughout the site (see Exhibit E — Conditions of Approval). RECOMMENDATION Staff has reviewed these requests for Major Site Plan Modification, Community Design Appeal,and Height Exception and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit E — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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To m </ < z r z LILLI TIJ TW r-U) ND 0 co T 7 2!7 O m 0 1 1 �..W M0 T M w;a . < > >z p m z z Z *Zl 0,0 U) r- --j 0 «7"w A00__j 0 ol z EXHIBIT C ,,/JKM EVE D 7 OPERS March 20, 2019 Ms. Amanda Bassiely Senior Planner—Urban Designer Development, Planning &Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E: _Bass ielyA4 bfl.us Height Exception Application for Boynton Town Square Phase 3 New Development Site Plan Application Dear Ms. Bassiely: The purpose of this letter is to formally request processing of a Height Exception Application for the Boynton Town Square Phase 3 project. As you are aware, there is currently a New Development Site Plan application for Phase 3 under review by the City. Phase 3 consists of three (3) primary structures: a North residential building; a Central residential building; and a parking garage. The Applicant is requesting a height exception of 12'-9" (or a maximum overall building height of 87'-9"vs 75') for the North residential building. The purpose of this additional height is to accommodate architectural mansard, parapet and tower elements that break up the horizontal roof plane. There is no habitable space proposed above the current 75' maximum height. The following review standards for a Height Exception Application as stated within the Boynton Beach Code of Ordinances are as follows: a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2)property values; 3) the living conditions; or 4) existing or proposed land uses; The proposed height exception has no affect on items 4144 above. In contrast, the additional height architecturally enhances the proposed building by supporting numerous architectural elements. None of these elements block light or air to adjacent properties. Adjacent properties include two (2) rights-of-way, a proposed parking structure and a vacant City-owned parcel currently programmed for future development as a hotel. The construction of an architecturally appealing building supports increases in property values and 102 NE 2nd Street,#203 ■ Boca Raton,FL 33432 m P:(561)886-6684 m F:(561)909-1326 www.jkmdevelopers.com Page 187 of 268 demonstrates that City land use and zoning regulations are compliant with market realities. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; The proposed height exception will not affect, or specifically deter, the development of adjacent properties in accordance with existing regulations. The additional height proposed serves to enhance the architectural character of the building and therefore the immediate area. In addition, the proposed building is adjacent to two (2)rights of way, a proposed parking garage, and a City-owned vacant parcel currently programmed for a future hotel. c. Whether the height exception would contribute to the architectural character and form of the proposed project; The proposed height exception of 12'-9" above the permitted maximum height of 75' is requested in order to enhance the architectural character of the proposed building. A mansard roof; parapet elements; and tower elements located above the 75' maximum building height work together in order to break up the horizontal plane of the roof lines. d. Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; The proposed height exception is to accommodate architectural elements only and does not encompass habitable living area. The proposed varied roof line and coastal architectural elements provide architectural character to the Town Square project and directly relate to the hardscape and landscape designs. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; The architectural elements that are accommodated via the proposed height exception provide additional roof top screening for the potential future installation of solar panels and rain harvesting equipment. Both of these installations contribute toward sustainable development and environmentally friendly architectural design. f. Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and The primary purpose of the propose height exception is to provide varied architectural elements that break up the roof plan and add significant interest to the building. No habitable spaces are accommodated by the proposed height increase. Page 188 of 268 g. Whether sufficient evidence has been presented to juste the need for a height exception. The proposed architectural plans for the North building illustrate the architectural treatments that enhance the aesthetic of the proposed building. These treatments help to define a sense of place within the Boynton Town Square development. Should you have any questions or require additional information,please feel free to contact me. Thank you. 7es y, ieldal Page 189 of 268 EXHIBIT D DEV PERS February 22, 2019 Ms. Amanda Bassiely Senior Planner—Urban Designer Development, Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E: 13assielyA(&bbfl.us RE: CDPA Application for Boynton Town Square Phase III (NorthCentral) Dear Ms. Bassiely: The purpose of this letter is to officially request relief from the standards of Chapter 4, Article I1I, Section 6 which require the placement of habitable building area adjacent to all collector or arterial roads within Mixed Use (Urban) districts. Furthermore, these standards prohibit the placement of parking garage facades adjacent to arterial or collector roads. Specific Code sections within Section 6 which refer to these restrictions are as follows: Chapter 4, Article III, Section 6, Paragraph .2, : "Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street frontage, notwithstanding adjustments for cross-visibility, and open areas devoted to public gathering or pedestrian circulation. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments... " Chapter 4, Article 1I1, Section 6, Paragraph F.2.c: "Freestanding Parking Garages. Freestandingparking garages are allowed within the "Mixed-Use (Urban)"districts provided that they do not have frontage on any arterial or collector roadway... " This request is specifically for the East facade only of the parking garage located in Phase III on Parcel 2. This parking garage provides parking for both private and City uses. The following review criteria (a through i) are utilized during the review of a CDPA request. Below are my responses to each criteria: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. 102 NE 2nd Street,#203 ■ Boca Raton,FL 33432 ■ P:(561)886-6684 ■ F:(561)909-1326 www.jkmdevelopers.com Page 190 of 268 The proposed deviation is consistent with the Comprehensive Plan and does not affect the City's Goals and Policies. Specifically, the proposed deviation has no effect on: • Compliant, range of land uses; • Complaint density and intensity; • Furthering compact, urban development; • Providing a variety of residential use types; • Preserving environmentally sensitive areas In contrast, the proposed deviation furthers the goal of providing recreation land uses to the public by providing easily accessible parking and aids in the redevelopment of the CRA area. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The proposed deviation will not create adverse livability or appearance within eh Boynton Town Square development. The exposed fagade of the parking garage includes architectural details that are consistent with adjacent buildings. The location of the parking garage, with adjacency to NE 1 sr Street, is also consistent with the Master Plan. c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The purpose of the current standard is to provide architecturally consistent "street wall"facades adjacent to arterial and collector roads. The inclusion of habitable area also furthers CPTED "eyes on the street" initiatives for pedestrian safety and security. The requested deviation will at a minimum equally further the intents of the current standard by providing a fagade that is architecturally consistent with adjacent buildings. Furthermore, this fagade serves as a primary access point for both vehicles and pedestrians,furthering CPTED principles. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and The proposed deviation has no affect on the preservation of flora and fauna as this is an urban location that is completely cleared. (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real Page 191 of 268 property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected. The proposed deviation has no affect on the preservation of flora and fauna as this is an urban location that is completely cleared. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. There are no adverse environmental conditions created by the proposed deviation. The site is cleared and void of vegetation. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. The proposed deviation will not have an adverse impact on the property values of abutting parcels. In contrast, the requested deviation will provide greater visibility and ease for Town Square parking, which therefore supports the economic viability of adjacent businesses and enhances public access to municipal uses. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. There is no adverse effect to light or air on adjacent parcels with the proposed deviation. The subject property is an urban, mid-rise site that supports up to 8 stories in height. In contrast, this East fagade of the parking garage is 5 stories in height. . Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. The proposed deviation furthers the economic development and business promotion objectives of the City by providing a highly identifiable location for parking. Ease of parking in urban mixed-use settings is a key ingredient for the economic viability of businesses. Ease ofparking for municipal uses (the public) encourages residents to visit the location and participate in City programmed public events. i. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed deviation does meet the intent of the standards by providing a street-wall adjacent to the base building line that is architecturally consistent with adjacent buildings. The deviation does not place the required habitable space adjacent to the Page 192 of 268 base building line, but supports a high level of public use as a primary vehicular and pedestrian access point for all of Town Square. This public use enhances "eyes on the street" and furthers the goal of providing a safe and secure downtown environment. Should you have any questions or require additional information,please feel free to contact me. Thank you. Zes elda Page 193 of 268 EXHIBIT "E" Conditions of Approval Project Name: Town Square Phase Three File number: MSPM 19-005/CDPA 19-001 / HTEX 19-001 Reference: 41h review of plans identified as a Maior Site Plan Modification with a March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Provide an 18-inch clear zone for the columns supporting the porte cochere. 2. Provide the height dimensions of the opening(s) to the parking garage. 3. The light poles and fixtures shall be coordinated with Town Square standard and shall be owned and maintained by FPL. 4. At the west entrance (NE 1 st Ave) of the parking garage please provide a turning radius for the south bound right turning movement. 5. At the dead end, on the first level of the parking garage, a tee-turn around is required in accordance with the City Engineering Handbook detail P-10. 6. Show safe corners, per the City's Engineering detail P-13, at all ingress/egress locations. 7. Please stencil within all loading zones "No Parking" FIRE Comments: Additional comments may be rendered at time of permitting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 8. Park impact fees are due at time of permitting. Page 194 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING & ZONING Comments: 9. Prior to permitting, obtain approval of Major Master Plan Modification 19-001. 10. At time of permitting, provide manufacturer paint chips and call out all proposed colors and materials on all proposed elevations. 11. Prior to permitting, provide a ROW dedication on Boynton Beach Boulevard, Ocean Avenue, and NE 1 Street per site plan hatched area. 12. A sign program is required prior to issuance of any sign permits. 13. Coordinate with the City's Public Art's Manager to implement the approved Town Square Public Art's Master plan. 14. Provide locations for required covered bike racks. 15. Revise parallel parking spaces to meet the City Engineering Handbook detail. Any deviation require an Engineering Waiver. 16. Revise elevations to show all proposed overhead doors to be painted to match the building. 17. Remove the proposed landscape strip along Ocean Avenue and replace with street trees in flexi pave. 18. Revise landscape plans to include no less than 50% of the proposed 229 trees to be canopy trees. 19. Provide a detail for the wall proposed along the Children's Schoolhouse Museum. The wall must be decorative and provide landscaping along the outside of the wall. 20. The Master Plan requires an additional 144,155 square feet be built with in Phase Four in order to comply with the minimum FAR of 1.75. 21. Revise garage colors to be consistent with the proposed residential buildings Page 195 of 268 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 22. Enhance west elevation of the garage and the exposed portion of the north elevation of the garage to match the proposed east elevation. 23. Provide the overall height for the garage. The zoning district allows a maximum height of 75 feet with an additional 5 foot parapet wall. A height exception may be required if the garage exceeds the allowable height. 24. Provide a legible photometric plan with calculation not in excess of 5.9 foot-candles. 25. Provide color elevations of the entire east fagade (including the garage in place). COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\ExhibitE_MSPM 19-005 COA.doc Page 196 of 268 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase Three (MSPM 19-005) APPLICANT: James S. Gielda, JKM BTS North, LLC APPLICANT'S ADDRESS: 2300 Glades Road Suite, 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: APPROVAL SOUGHT: Approve the Major Site Plan Modification (MSPM 19-005) for Town Square Phase Three in order to construct a 210 unit apartment building, an 104 unit, age restricted apartment building, 8,512 square feet of restaurant space, 11,030 square feet of retail space and an 875 parking space garage on a 4.10 acre site. LOCATION OF PROPERTY: The Phase Three (3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1st Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3—MSPM 19-005\StaffReport\MSPM19-005_DO.docp Page 197 of 268 7.7.G. New Business 3/26/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/26/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: REQUEST1: Approve Harbor Cay Townhomes Future Land Use Map Amendment from Special High Density Residential (SHDR) to Mixed Use Low(MXL) REQUEST2: Approve Harbor Cay Rezoning from IPUD, Infill Planned Unit Development to MU-1, Mixed Use 1. EXPLANATION OF REQUEST: The subject 1.43-acre property, currently developed with a vacated single-family home, is located in the Federal Highway District (North) of the community Redevelopment Area (CRA). The applicant is following the recommendation of the CRA Community Redevelopment Plan by requesting reclassification of the property to the Mixed Use Low(MXL) future land use category. Note that the proposed Mixed Use 1 zoning district is the only district that corresponds with the MXL land use classification within in CRA-designated areas. The MXL classification allows for a maximum density of 20 dwelling units per acre (du/ac). The proposed major site plan modification (MSPM) features 18 townhomes with the resulting density of approximately 12.6 du/ac. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services FISCAL IMPACT: Ultimate increase in the City's property tax base as well as permit and business tax and certificate of use revenues. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 198 of 268 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report LUAR 19-003 Harbor Cay staff report D Location Map ExhibitA. Location Map D Location Map Exhibit B. Proposed FLU D Location Map Exhibit C. Proposed Zoning Page 199 of 268 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-006 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: March 21, 2019 PROJECT: Harbor Cay Townhomes LUAR 19-003 REQUEST: Approve Harbor Cay Townhomes Future Land Use Map Amendment from Special High Density Residential (SHDR) to Mixed Use Low (MXL) and Rezoning from IPUD, Infill Planned Unit Development, to MU-1, Mixed Use 1. PROJECT DESCRIPTION Property Owner/ Applicant United Developers Group, LLC/ Koba Koberidze Agent: Kirill Mushlin, Lyonsgate Realty, Inc. Location: 605 Lakeside Harbor Drive (east side of Federal Highway, approximately 175 feet north from Gateway Boulevard, see Exhibit "All) Existing Land Use/ Zoning: Special High Density Residential (SHDR)/ IPUD Infill Planned Unit Development Proposed Land Use/ Zoning: Mixed Use Low (MXL) / MU-1 Mixed Use 1 (Exhibits "B" and "C") Acreage: 1.43 acre Proposed Use: 18 townhomes Page 200 of 268 Page 2 Harbor Cay Townhomes LUAR 19-003 Adjacent Uses: North: Developed multi-family residential property (Inlet Harbor Club), classified Recreational (R) and Medium Density Residential (MDR) and zoned Recreation (REC) and Multi-family Residential (R-3); South: Developed commercial property (Gateway Shell), classified Local Retail Commercial (LRC) and zoned Community Commercial (C- 3); to the southeast, developed single-family homes, classified Low Density Residential (LDR) and zoned R-1-AA, Single-family Residential; East: Developed and vacant single-family residential, classified Low Density Residential (LDR) and zoned Single-family Residential (R- 1-AA); and West: Right-of-way for Federal Highway; farther west right-of-way for the Florida East Coast (FEC) railroad. BACKGROUND The subject 1.43-acre property is located in the Federal Highway District (North) of the community Redevelopment Area (CRA). In 2006, it was approved for 23 fee-simple townhomes. The time extension for the site plan was granted twice but, ultimately, it expired in 2008 as the project encountered the real estate collapse and the onset of "Great Recession". The applicant is following the recommendation of the CRA Community Redevelopment Plan by requesting reclassification of the property to the Mixed Use Low (MXL)future land use category. Note that the proposed Mixed Use 1 zoning is the only zoning district corresponding to MXL in CRA-designated areas. The MXL classification allows for a maximum density of 20 dwelling units per acre (du/ac). The proposed major master plan/site plan modification (MSPM) features 18 townhomes with the resulting density of approximately 12.6 du/ac. The MSPM application is being processed concurrently with the application for FLU amendment and rezoning (see the staff report). REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3- 2 Page 201 of 268 Page 3 Harbor Cay Townhomes LUAR 19-003 a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The CRA Community Redevelopment Plan (the Plan) provides site-specific future land use recommendations for the entire CRA area. Consistently with the vision for economic revitalization embedded in the Plan, mixed use FLU categories are recommended for most areas close to downtown as well as for those along the major corridors. While the proposed project could be accommodated under the (existing) Special High Density future land use, the requested Mixed Use Low category is consistent with the Plan's recommendation for the subject site. Note that both categories feature the same density cap of 20 du/ac. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The CRA Community Redevelopment Plan is (by reference) a part of he Comprehensive Plan; consequently, the amendment that proposes to implement it is consistent with the latter. See also the explicit Policy 1.7.1 , and a similar Policy 1.9.1. Policy 1.7.1 The City shall follow the recommendations of the adopted Community Redevelopment Plan to the maximum extent feasible when reviewing development applications pertaining to property within the Community Redevelopment area. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Moreover, a small infill project under consideration is clearly aligned with the intent of the Future Land Use Element's anti-sprawl objective and policies: Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2 The City shall discourage urban sprawl by- 3 Page 202 of 268 Page 4 Harbor Cay Townhomes LUAR 19-003 A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. Consistency with Land Development Regulations (LDR) The proposed master plan/site plan complies with the regulations and intent of the MU-1 zoning district. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLU implements the CRA Plan recommendation. While the reclassification would temporarily create an "isolated zoning district," the Plan endorses the MXL future land use category for the area extending south from the subject property to Las Palmas Park and beyond, encompassing the Harbors PUD (fee-simple townhome project built in 2004 and unlikely to redevelop in the near future). The MXL classification is consistent with the Plan's vision of a commercial node on the intersection of Federal Highway and Gateway Boulevard, and, consistently with this vision, it is also recommended for lands fronting the south side of Gateway Boulevard between Federal Highway and NE 4st street. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning does not meet the sustainability characteristics except for access to public transportation (the Palm Tran bus routes along Federal Highway and bus connectors to the Tri Rail station). e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the 4 Page 203 of 268 Page 5 Harbor Cay Townhomes LUAR 19-003 subject request has been confirmed by the Utilities Department. So/id Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2049. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD letter submitted by the applicant concluded that ... ... ..... f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to criteria "a", "b" and "c:" the proposed reclassification constitutes implementation of the CRA Plan, which envisions higher intensity development at, and in proximity to, the intersection of Federal Highway and Gateway Boulevard. During the Plan's development process, staff took into account the needs of the City and those of each of the Plan-defined districts, as well as the potential compatibility issues stemming from future land use recommendations. The Plan underwent an extensive public review, including public hearings, and the received input was duly considered prior to adoption. Clearly, due to the multiplicity of development scenarios—especially for mixed use FLU categories—compatiblity issues will arise and must be dealt with at a level of each individual project. Potential proximity of higher density mixed use projects to single-family neighborhoods is of particular concern. Staff will shortly take up a review of the Land Development Regulations with the objective of adressing remaining issues related to implementation of the CRA Plan. It will likely result in revisions to the residential compatiblity standards. The proposed FLU amendment and rezoning supports residential-only project, with the design sensitive to the presence of single-family homes east and southeast of the subject parcel. It is unlikely that the values of these homes will be negatively affected. As already 5 Page 204 of 268 Page 6 Harbor Cay Townhomes LUAR 19-003 noted, the current FLU classification of the property, SHDR, has a maximum density of 20 du/acre, same as the proposed MXL. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning supports a residential project, the main economic development benefit of this action would be the project's contribution to the City's tax base. There is also a benefit of adding a for-sale product to the City's housing stock, with its fast growing number of rental apartments. h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The requested MXL future land use category would not reduce the amount of land available for commercial/industrial development. It allows, but does not require, commercial uses; in the case under consideration, it would support residential-only project. As already noted, the existing FLU of SHDR does not allow commercial uses (with some exceptions for accessory uses and water-dependent uses in selected locations). 6 Page 205 of 268 Page 7 Harbor Cay Townhomes LUAR 19-003 i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The property's existing FLU would allow the proposed use; however, the requested amendment is desirable since it implements the CRA Plan with its attendant design standards. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\LUAR 19-003\LUAR 19-003 Harbor Cay Townhomes Staff Report.docx 7 Page 206 of 268 EXHIBIT A LOCATION MAP F S 4 Lakeside Harbou 4 �tv x � Js Las Palmas Park 4 - 1� t ll ' , q N 0 35 70 140 210 wE Fig% 207 of 268 EXHIBIT B HARBOR CAY LUAR 19-003: FLU AMENDMENT SITE Lakeside Harbou proposed FLU: MXL Las-Palmas Park Gateway Blvd Z+ Harbors Way Legend LOW DENSITY RESIDENTIAL(LDR);7.5 D.U./Acre 3 MEDIUM DENSITY RESIDENTIAL(MEDR);11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL(SHDR); 20 D.U./Acre' 1 LOCAL RETAIL COMMERCIAL(LRC) RECREATIONAL(R) MIXED USE LOW(MXL); 20 D.U./Acre N 0 35 70 140 210 wTE Fig% 2086f 268 EXHIBIT C HARBOR CAY LUAR 19-003: REZONING ;Legend R1 AA Single Family,5.5 du/ac 's +, �! R1A Single Family,6 du/ac R3 Multi Family, 11 du/ac e0 PUD Planned Unit Development ' © IPUD Infill Planned Unit Development y,0 C2 Neighborhood Commercial ti C3 Community Commercial C4 General Commercial 0 MU-1 Mixed Use 1,20 du/ac �' + REC Recreation �+ �} Lakeside Harbou roposed zoning MU-1 Las-Palmas Park - r Gateway Blvd Z+ s ;� :�IIIIIIIIIIII�y r„ II Z �v H I It I t. 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New Business 3/26/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/26/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Harbor Cay Townhomes Major Site Plan Modification (MSPM 19-003) to construct 18 townhomes and related site improvements at a density of 12.6 dwelling units per acre on 1.43 acres located at 605 Lakeside Harbor Drive in the IPUD zoning district. Applicant: United Developers Group, LLC. EXPLANATION OF REQUEST: Mr. Kevin Mushlin, agent for United Developers Group, LLC is proposing a major site plan modification for 18 dwelling units (3-story townhomes) consisting of five (5) buildings with three (3) to four (4) units per building. Each unit has 3 bedrooms ranging in size from 2,186 square feet to 2,310 square feet of air-conditioned space. The total gross building square footage (including exterior patios and balconies) ranges from 2,805 square feet to 3,569 square feet per unit. Owners of units within Buildings 3 and 4 would have an option for a private swimming pool to the rear of their unit. Related site improvements include a community swimming pool, cabana restrooms, a passive recreation/open space area, and lighted guest parking. The applicant is concurrently requesting to reclassify the property from Special High Density Residential (SHDR 20 du/ac) future land use to Mixed Use Low(MXL 20 du/ac), and rezone the property from the IPUD (Infill Planned Unit Development) zoning district to MU-1 (Mixed Use 1). Therefore, approval of this project is contingent upon the approval of the corresponding requests for future land use amendment and rezoning (LUAR 19-003). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: Future increase in tax base. The fiscal impact of the proposal is represented by the fees associated with development approval, and the ultimate increase in property value from the new residential construction. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 210 of 268 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Harbor Cay Staff Report (MSPM 19-003) D Location Map Exhibit A- Location Map D Exhibit Exhibit B - Survey D Drawings Harbor Cay Townhome Plans D Other Parking Demand Study D Conditions of Approval Exhibit C - Conditions of Approval D Development Order Development Order Page 211 of 268 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-010 STAFF REPORT TO: Chair and Members Planning & Development Board and City Commission THRU: Ed Breese WC�2 Planning and Zo i�2 ng Administrator FROM: Kathleen Hatcher YR Senior Planner DATE: March 19, 2019 PROJECT NAME/NO: Harbor Cay/MSPM 19-003 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: United Developers Group, LLC Applicant: Mr. Koba Koberidze, Managing Member, United Developers Group, LLC Agent: Mr. Kirill (Kevin) Mushlin, Managing Member, United Developers Group Location: 605 Lakeside Harbour(see Exhibit"A"— Location Map) PCN: 08-43-45-15-03000-0022 Existing Land Use: Special High Density Residential (SHDR -20 dwelling units per acre) Existing Zoning: Infill Planned Unit Development(IPUD) Proposed Land Use: Mixed Use Low(MXL -20 dwelling units per acre) Proposed Zoning: Mixed Use 1 (MU-1) Proposed Use: 18 townhouse units at 12.6 dwelling units per acre Acreage: 1.429 acres (62,256 square feet) Adjacent Uses: North: To the north is developed multi-family residential property (inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation(REC)and Multi-family Residential(R-3); South: To the south is developed commercial property(Gateway Shell),classified Local Retail Commercial (LRC) land use and zoned Community Commercial(C-3);to the southeast is developed single-family residential, Page 212 of 268 Staff Report—Harbor Cay(K8SPMiW-O03) Memorandum NoPZ1Q-010 Page classified Low Density Residential (LQR) and zoned Single-family Residential (R-1-AA); ` '' East: Tothe east iedeveloped and vacant single-family residential, classified Low Density Residential(LDR)and zoned Single-family Residential(R-1- AA); and West: RigforFedera| Highway,then farthGrwestishgforthe Florida East Coast/FEC\ railroad. PROPERTY OWNER NOTIFICATION Owners ofproperties within 4OOfeet ofthe subject site plan were mailed anotice ofthis request and its respective hearing dates. The applicant certifies that they posted signage and nnmi|ad notices in accordance with Ordinance No. O4'OO7and Ordinance No. 05-004. Site: The subject property is e 1.429-acre parcel on the east side of Federal Highway, approximately 1OOfeet north ofGateway Boulevard. The subject property imlocated within the Federal Highway District of the Community Redevelopment Agency area and is currently developed with a vacated single-family residence built in 1959. Lakeside Harbor [)hve, a private right'Of+mGy, outs through the center ofthe subject property in order to provide perpetual access 0othe existing homes ofthe Sam Brown Jr. subdivision bothe east. Atwo/3\-inchpotable water line and a gravity sanitary sewer main are located within this east-west righ1-of- vmy.The survey shows that asecurity gate across Lakeside Harbor [)rive is currently located adjacent to the east property line of the subject property for restricted access to the ten (1O)single-family residential lots 0othe east. BACKGROUND In 2006 a change to the future land use and zoning of the subject property was approved (LUAR 06-009)from LRC(Local Retail Commercial)and LDR(Low Density Residential)to SHDF{ (Special High Density Residential, nnoxinnurn 20 units per acre) and from C-3 (Community Commercial) and R1AA (SinA|e-Fanni|y Residential) to IPU[) (Infill Planned Unit Development)for aproject thatvvaaa|aVhnowneaHorhourCey. Thepreviousp ject was approved for 23fee-simple tovvnhomnes atadensity of10.O0dwelling units per acre. Shortly thereafter, the economic downturn greatly diminished the ability tUobtain funding for the project. The site plan approval was extended twice/SPTEO7-0O6, 8PTE08-OD7\ 0mMay 2. 2OO9. however the site plan expired prior tgthe issuance ofebuilding permit. The subject property was eventually sold toUnited Developer's Group, LLC in May,2018. Proposal: Mr. Kevin Muoh|in. agent for United Developers Group, LLC isproposing amajor sitep|an modification for 18 b»vxnhmuae unite. The applicant is simultaneously requesting to reclassify the future land use from(GHQR)Special High Density Residential(2Odu/ao)Un K8XL(Mixed Use LVvv.\ and rezone from |PUC) (Infill Planned Unit Development)toMU-1 (Mixed Use 1). Consistent with the vision for economic revitalization within the CRA Plan, mixed use FLU categories are recommended for most areas close todowntown aswell ae for those along the major corridors in the CRA. Thenafona, approval of this project is contingent upon the approval of the corresponding request for land use change and nezoning /LUAR 19-003\ Under the proposed K8XL |and use category, the maximum allowable density is also 20 dwelling units per acre, which would allow upio 28 dwelling Page 213Of268 Staff Report—Harbor Cay(MSPM 19-003) Memorandum No PZ 19-010 Page 3 units on this particular site. However, the project proposes a total of 18 dwelling units, which equals a density of 12.59 dwelling units per acre. Townhouses are permitted uses in the requested MU-1 zoning district. ANALYSIS Traffic: In November, 2018 a traffic impact statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure that an adequate level of service exists to serve the subject project. Palm Beach County Traffic Division determined that the proposed redevelopment project does not have significant peak hour traffic impact and therefore meets the Traffic Performance Standards of Palm Beach County. The County approval was based on the previously proposed 21 townhouse units,which would generate 130 new daily trips (14 a.m. peak hour and 15 p.m. peak hour trips). Prior to a building permit for the project the applicant will be required to obtain a revised approval from the County based on the reduced number of units (see Exhibit"C"-Conditions of Approval). The traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance and no building permits are to be issued after the build-out date of 2023. It should be noted that Lakeside Harbor Drive would remain as a private right-of-way for perpetual use by property owners with lots fronting this street. Schools: The Palm Beach County School District has reviewed this project for a School Capacity Availability Determination (SCAD) based on the 18 dwelling units proposed. The Determination states there will be no negative impact on area schools from this project since the schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. The Concurrency Determination is valid for one (1)year from the date of issuance and would continue to be valid for the life of the development order. Police/ Fire: Staff reviewed the master plan/site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Solid Waste disposal capacity has been evidenced through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit(see Exhibit"C"- Conditions of Approval). Access: The site plan shows that the project would have a one (1) point of ingress/egress along Federal Highway, utilizing a right-in, right-out turn at the existing Lakeside Harbor Drive, a 22-foot wide easement road that will be privately maintained by the Harbor Cay Condominium Association. Lakeside Harbor Drive would still provide perpetual access to the existing homes of the Sam Brown Jr. Hypoluxo subdivision to the east. The applicant has proposed to resurface the entire length of Lakeside Harbor Drive(approximately 770 linear feet)for the adjacent subdivision. Page 214 of 268 Staff Report— Harbor Cay(MSPM 19-003) Memorandum No PZ 19-010 Page 4 Circulation: The street system which provides primary vehicular circulation internal to the development consists of Harbor Cay Drive, located both north and south of Lakeside Harbor Drive. The two-way streets internal to the development will be a privately-owned street to be maintained by the Condominium Association and provide primary vehicular circulation internal to the development. The internal circulation streets form a loop with the only garage access for the townhouse residents from the internal streets (Harbor Cay Drive). Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Sidewalks are proposed separately from the street system to ensure the safety of each pedestrian. Due to site constraints, a dumpster is not proposed, and trash pickup will be from roll-out containers. Parking: The site plan shows that each unit would have a two(2)-car garage,which would equate to providing 36 parking spaces, and also 15 guest parking spaces are proposed on site. A total of 51 parking spaces, including one handicap-accessible space are provided. Based on recently approved modifications to parking requirements(Ord. 19-006 approved 2/5/19), planned developments with attached single-family units may submit a professional parking study which provides justification for reduced parking during the development review process. The applicant has submitted a Parking Demand Study by Shaun G. MacKenzie of MacKenzie Engineering and Planning Inc. which recommends a conservative parking rate of 2.38 parking spaces per dwelling unit,for a total of 43 spaces. A total of 51 spaces are provided consisting of 36 garage and 15 guest spaces. Staff is in agreement with the parking study. The condominium by-laws will require garages to be used solely for vehicle parking for compliance with parking requirements, and for parking in designated parking spaces only, since there is no driveway parking in front of the garages (see Exhibit"C"— Conditions of Approval). Buildings: The 18 dwelling units are proposed within five (5) separate buildings on the 1.429-acre site. Buildings 1 - 3 would each contain four (4) units, and Buildings 4 - 5 would each contain three (3) units. All units are three (3)-story and include three (3)-bedrooms, a bonus room, two (2) full bathrooms, two (2) half bathrooms, two (2)-car garages, and exterior patios, and balconies. The floor plans for units range from 2,186 square feet to 2,310 square feet of air-conditioned space. The total gross building square footage (including exterior patios and balconies) ranges from 2,805 square feet to 3,569 square feet per unit. Owners of units within Buildings 3 and 4 have an option for a private swimming pool to the rear of their unit. No future modifications to patios, porches, or balconies(such as increase in size, enclosed, or screened)are allowed(see Exhibit"C"— Conditions of Approval). Setbacks: The proposed perimeter building setbacks are consistent with other similar developments along the Federal Highway Corridor and comply with the MU-1 zoning district requirements. A 25 foot rear building setback is provided for buildings adjacent to an abutting single- family residence to the east. These building setbacks have been provided for compatibility purposes,as this project represents a transition from the detached single-family residences to the east. Setbacks around the perimeter of the development are intended to accommodate privacy fencing, landscape buffers, as well as to provide some common area for the enjoyment of the respective residents. Height: All proposed buildings comply with the height requirements of the Land Development Regulations. The MU-1 zoning district requires a minimum building height of 30 feet and Page 215 of 268 Staff Report—Harbor Cay(MSPM 19-003) Memorandum No PZ 19-010 Page 5 allows buildings to reach a maximum height of 45 feet. The building elevations indicate the townhouse buildings would be three(3)stories in height,with a maximum building height of 35 feet measured from street level to the mean height of the highest pitched roof. Design: The proposed townhouse buildings have a coastal / contemporary design with neutral colors throughout. Accents on all buildings include the following: decorative columns, quoins, covered porches, Bahama shutters, cast stone window sills and pilasters; wood brackets, headers, and outriggers,stone veneer,decorative balcony railing, metal roof,and decorative garage doors. The project proposes buildings consisting of the following Sherwin Williams paints: Color code Paint Name Calor Location SW 7572 Lotus Pod Light Beige Columns, window trim SW 7551 Greek Villa Cream Body walls, balcony railing SW 6041 Otter Dark Brown Garage doors, shutters, corbels Golden Honey Light Beige Garage trim, side elevations W72 Terra Cotta Terra Cotta Metal Roof The applicant has worked with staff to reduce potential impacts (density, intensity, massing)of the development on the adjacent single-family residential development to the east and south. Horizontal and vertical articulation is maximized by varying roof lines. Similar to other recently approved townhouse projects, the rear elevations of buildings visible from Federal Highway are designed to appear as having similar windows and doors to appear more as front elevations. The rear of units in Buildings 1 and 2 are designed to allow residents to access and engage the main streets. Amenities: A variety of amenities for the residents and their guests are required, and are to be centrally located within the development. The recreational amenity area would include a community swimming pool, cabana with restrooms, a shaded BBQ area, and open space area. On the north side of the project between Buildings 2 and 3 is a 600 square foot community pool with a 229 square foot restroom/cabana and six(6)guest parking spaces, including one(1)handicap-accessible space. The one-story cabana building is designed to match the architecture and building materials of the townhouse buildings. The proposed community pool would abut open space to the north and have a decorative paver deck around it and planted areas. The five(5)foot safety fencing around the pool is consistent with the aluminum rail picket fencing proposed throughoutthe project. On the south side of the project south of Building 4 is a passive recreation area with a BBQ grill, four (4) benches, and trash receptacles. A mail kiosk with two (2)parking spaces and a covered bike rack are proposed on the east side of Building 5 near the park, and seven (7) additional guest parking spaces are proposed between Buildings 1 and 4. Landscape: The landscape plan provides a complimentary mix of trees and palms with right-of-way landscape strips, perimeter buffers, landscape islands in parking areas, and foundation plantings around the townhouse buildings. All trees would be the required minimum of four (4) caliper inches at time of planting, with the exception of perimeter trees located within FP&L easements. Trees and palms proposed around the foundation of the townhouse buildings would be installed at one-half the height of the building per the Land Development Regulations. All common areas would be under the control of the Page 216 of 268 Staff Report.®Harbor Cay(MSPM 19-003) Memorandum No PZ 19-010 Page 6 Condominium Association to ensure proper maintenance of all the common landscaped areas. A decorative aluminum rail fence is proposed along the north and south sides of the site due to easement locations. Where there are no utility easements along the east side of the site, abutting single-family zoned properties, a six(6)foot masonry buffer wall will be required (see Exhibit"C"—Conditions of Approval). Proposed plant material is limited by the landscape code to native and drought tolerant species with low to medium water needs(waterwise Florida-friendly plants). Tree species would include the following: Orange Geiger, White Geiger, Eagleston Holly, and Ylang- Ylang trees. Palm species would include the Sylvester, Alexander, Washington, Christmas, Florida Thatch, and Lady palms. A variety of colorful shrubs and groundcover are proposed including Dwarf Firebush, Red-tip Cocoplum, Curly Boy Red Croton, Purple Queen, and Indian Hawthorne. Project compatibility is judged on howwell the proposed development fits within the context of the neighborhood and abutting properties. Overhead wires are located above the entire west, north, and south property lines so the choice and quantity of landscape material is limited due to FP&L Right Tree/Right Place planting requirements. Orange Geiger and White Geiger trees were chosen because they are small-growing and would not conflict with the overhead FP&L power lines. The applicant is proposing a dense planting at an installed height of six (6) feet where the subject property abuts single-family residential zoning. The code limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption.There are sodded areas designated as passive recreation,and others as dog walk areas. The Comprehensive Plan requires the conservation of potable water and specifically that potable water not be used for landscape irrigation where other sources are readily available. However, it is likely that well water cannot be utilized for this particular project due to the saltwater intrusion that occurs near the coast,especially in areas east of Federal Highway. A water-use permit from the South Florida Water Management District is required for an irrigation system that utilizes water from a well or body of water as its source. A note on the landscape plan indicates that the irrigation source is to be potable water unless grey re-use water is available. An irrigation plan shall be required at the time of permitting. Lighting: The site plan shows the location of the light poles but the photometric plans were not included within this submittal. At the time of permitting, the photometric plan must demonstrate that lighting levels will be adequate and not "spill' over onto adjacent properties or interfere with mature landscaping (see Exhibit"C"—Conditions of Approval). Signage: No signage is shown or proposed at this time, other than the building numbers. Public The Art in Public Places ordinance requires all development, redevelopment, reconstruction, or remodeling that has a construction value of $250,000 or greater to participate in the program. A completed application was submitted forArt in Public Places, with no known art description at this time. The budget for the art component of the project is estimated to be 35,000.00 and the Applicant may elect to pay the public art fee in lieu of Page 217 of 268 Staff Report—Harbor Cay(MSP 19-003) Memorandum No PZ 19-010 Page 7 placing public art in the project. The proposed plans indicate a public art location designated on the north side of Lakeside Harbor Drive near guest parking. The type of art is subject to approval by the Arts Commission. RECOMMENDATION: Staff has reviewed this request for a major site plan modification approval and is recommending approval, contingent upon the approval of the requested land use amendment / rezoning (LUAR 19-003), and subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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February 4, 201 9 f ° City of'1:3oyntun Beach x I)evelopment Departn'tent Planning, & Zoning, Division 3301 Quantum Boulevard Boynion Beach. Florida -33425-03 10 Re: 1-larbor Cay L-ow nhornes— Parking I)emand Study MacKenzie Engineering, and Planning. Inc. (M1:;P) prepared this Parkin- Dernand Study for the proposed construction of 18 townhome Units. The site consists of'1.43) acres located at 605 Lakeside Ilarbor I)r-ive in Boynton Beach. Florida (PCN 08-43-45- 5-03-000.0022}. 4 INN 0B S/SCI X11 770AIS On Thursday. January 24 and Saturday. .ianuary 26, 2019 1`E11'.P collected parking data at three (3) similar tok"r7hott1e comn1unities: a XA`atersedge - 602 NLE', 20th Ln. Boynton Beach. FL.., 33435 -42 units Village of'Ocean Ridge - 5000 Old Ocean Blvd. Ocean Ridge. FL 33435 - 26 units a Polo Ridge - 3960 N Ocean Blvd ARY 7, Gulf Strearn. FL.. 33483 - 8 Units Weekday Parking Demand Name Dwelling Units Parked Vehicles Parking Ratio Watersedg _ 42 63 1.5 Villas of ocean Ridge 26 - 24 6 g2 Polo Ridge* 8 19 238 ca1� 76 106 _. ... 1,39 Weekend Parking Demand Name Dwelling Units Parked Vehicles Parking Ratio Watersedge 42 66 1.57 Villas of Ocean Ridge 26 - 23 0.88 Polo Ridge* .. _8 '19 2.38 Total 76 '108 1 A2 Page 255 of 268 I rarhnr 'I ov nhomos.Tau%ntnn Reach.Parking Analcsis.Page 2 *Polo Ridge has attached closed garages. Therefore, the garages were considered full for the purpose Of counting vehicles to provide a conservative analysis. Only 3 of the potential guest/extra parking stalls were occupied. The average weekday and weekend parking,rates lortov,nhorne units is 1.39 and 1.42 parking spaces per unit. respectively. COMPA RLSON MEP performed a review the parking demand data published by the Institute of"transportation Engineers (ITEC) and the Urban l..,and Institute (111...1). Institute of Transportation Engineers ITE re,ort Pm'king Generation 4111 Edition The Parking Demand using data published in the Institute of'T'ransportation Engineers (1"11) report,Pw,king Generation (4"'Edition) for 18 townhome units is 1.38 parkhw, spaces per unit or 25 spaces. Urban Land Institute's QJLI Manual Shared Parking. Second Edition The parking demand using data published in the Urban Land Institute's (ULA) Manual Shctr•ed Parking, (2"'Edition! recommends 1.7 spaces per dwelling unit for resident parking and 0.1-, spaces per dwelling unit far guest parking. 'T'he parking,demand for 18 townhome units is 1.85 parking spaces per unit or 34 spaces. RECOMMENDA TION The average parking rate for townhome units is l.42 parking spaces per unit. Applying a ten percent buffer to the average parking demand is 29 spaces. Applying ULl's parking recommended parking. the site requires 34 spaces total and a minimum of•3 guest spaces. Using the most conservative observed parking scenario of'2.38 spaces per d�Nelling unit, the site requires 4 i parking; spaces, 36 garage spaces and 7 guest spaces. Based on our observations and because the parking for each home/garage will he private and not shared, we recommend the most conservative scenario. NNhich requires a minimum 36 garage spaces and 7 guest parking spaces. Page 256 of 268 r:;i"� •r'ux•. r'}.•aetnn;..4�F= f Iarhm Cad I ownhomes,Rocnton Rcach.Purring AnalYsis.Page CONCLUSION MacKenzie Engineering and Planning, Inc. (MCP) prepared this Parking Demand Study for the proposed construction of,18 townhome units. The site consists of 1.43 acres located at 605 I..,akeside Harbor Drive in Boynton Beach. Florida(PCN 08-43-45-15-03-000-0022), In accordance with the City of Boynton Beach LDR 4.V.3.C'. Shared Parking, MEI' recommends a conservative parking rate(:)1'2.38 spaces per dwelling unit. The parking demand is 43 spaces. The 2.38 spaces per dwelling unit is fig percent greater than the average observed parking rate and 29 and 72 percent higher than the 1JLI and ITE parking rates, respectively, resulting in a conservative analysis. Digitally signed by Shaun G MacKenzie Date: 2019.02.05 10:11 :19 -05'00' Shaun G. MacKenzie P.E. PF Number 61751 1173110(, Fehruaix•21119 c MacKenzie Fnl­mccnug and Plarmm .Inc. Ca 2 00 13 Page 257 of 268 7 ry�Iyy 01111 lead Use Weekday weekend Unit Sourcevisitor rutzs3t r Ars., al • Jf3i, G t :�.-t'f' ,d.., ...u. ,... oZ7 #f.,$y t. .l..'•.` Slid We,i�i�r�I'fr'ri[ hh EE tt f��iPi^^'al1 f11L9R LO tt 23 tl.a 10'a �.t35�ea14P¢I[l�f t,�Elf i�5 '�Ft P'4 v � r! _ ..ae.. x, _. ZIP. .t„5 t1T 4"!t _ ,1.~r,�a a(},.�r t if,aar iif^.b+"a;fs r-:`i # a Office>500 u. S's.tt, HOW, StsulCes: Page 258 of 268 oe, Lricakflorc., Suburbaun; P�,i kid Number o'S t i Average Size of '.3t,,,jdv Site,a IfOAmvolkin imitj -'R Averaq eak oriod Pai kjrq Dc�mkarul 1 .. ......... s=an drafnTE71, .. ......... ......... Coefficient of V,,katjoni . . .......... A, 135th percentik" nq 33rd Percentilc', Owl c;,n a 600 A �p 500 .0 400 300 200 �A 100 I)OU "'OC) 4111"')o 500 01 100 Av,­,,raqr,Rate, Page 259 of 268 d 4- o cr M00 ;;rc—j CWS N 0 M 8'0l f, v �y a °' N °' N i Tyfl I Q9 (11 UD no m N to S P`" ° 0 0 A N 80 01 P® 80 00 N l J W 'r' cn m m tw U) oo mIQ, O N si �t m dJ Q9 tw OD Ln 00 0.° m 01 CL -12 u CL7 M d1 t� dYC M QJ M > a) LL s' Qj ai b.0 .i S V) e s u 1 OJ N lC5 lP1 — :,— N l,O C,C9 LU m - d" N00 1'r w c OQ R CD i -Ile � � #� Q) 0i bo W CL as cc +� M ze LA Ln 4-J `. � 0 bD -00 U Q3 4-J Zn� o -�_ �; i 4-J a) LnC� L p 0 its ro 4- _ Page 261 of 268 dam- a 00 CP ri 0 t l rn N MY r ¢ } k „r r4dJ cN rmy _ >{ '. i 9ht r-R ry mono,` Q—VfLO a tsA bA CD An 1�4191 CD i u � N Nb 0 C_ tw pry I =bD 'L') ppryry Ci 4Jr4ri C 6J Lu fm 0- CCL w 0 cc bb to c two is co all Q u u l� �100 cra ra I bD cu 00e CL tio on 0 ad u co 4+-J OJ 4— tv) co C 2 t� 41 � 04 V A Page 262 of 268 ;,i}d� fi tY�t -.i�r 9sc�� `�� t 7 t1` CN 00 [GC� C'40 N ® m N N 0) V m + r Q® r-A 00 m %g ' O F P9 0 0 ° >� 00 m lJ t m m wm m tio u, 00 m C7 N a--i -� 14 N r9 ,u m its m m ajtw cL � ca ht Ln u m rn a m 0) ®a kD14 LD N q 'D C: Mai co C. > a di o c U-) c Ln 0 rj 00 r-N N a) au i as to_ e u a) �s o � 4- T 0 0 r-� rA N m Page 263 of 268 The City on Beach Exhibit "C" — CONDITIONS OF APPROVAL DEVELOPMENMEPARTMENT PLANNING&ZONING DIVISON Project Name: Harbor Cay 3301 Quantum Blvd. it number: MSPM 19-003 P.O. Box 310 Boynton Beach, Florida 33425-0310 Reference: Plans P&Z Date Stamp 02/12119 TEL: 561-742-6260 ENGINEERING / UTILITIES/ PUBLIC WORKS DEPARTMENT INCLUDE REJECT 1 This site will be required to store the 100 year 3-day storm event. Revise plans at time of permitting to comply with this condition. 2. It is anticipated that owners will attempt to park their vehicles outside their homes and obstruct the travel lanes. At time of permitting, submit the COA by-laws which state parking of residents and their guest shall be inside the garage or in a designated parking space. 3. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. 4. At time of permitting, cross-sections are required at each property line to determine the ability of the items to be built as located on the plan. 5. It appears there are some historical flows from the property to the south that shall be required to be addressed at time of permitting. 6. Residents shall be required in the COA by-laws to place the green trash bins on the sidewalk fronting the private road. 7. Water and sewer lines to be owned and operated by the City shall be included within 12 feet minimum utility easements in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.13.4. The easements shall be dedicated via separate instrument to the City as stated in the Code of Ordinances, Section 26-33(e). 8. All utility easements and utility lines shall be shown on the site plan and landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, and Article 1, Section 18.1 gives public utilities the authority to remove any trees that may interfere with utility services, either in utility easement or public rights-of-way. Page 264 of 268 The City ofBoynton Beach Exhibit "C" — CONDITIONS OF APPROVAL DEVELOPMENTDEPARTMENT PLANNING&ZONING DIVISON Project Name: Harbor Cay 3301 Quantum Blvd. File number: MSPM 19-003 P.O. Box 310 Boynton Beach, Florida 33425-0310 Reference: Plans P&Z Date Stamp 02112/19 TEL: 561-742-6260 PLANNING DEPARTMENT INCLUDE REJECT 9. Approval of this project is contingent upon the approval of the accompanying requests for land use amendment and rezoning (LUAR 19-003). 10. An irrigation plan is required to be submitted and approved prior to the issuance of a permit for this project. 11. At time of permitting, submit a revised photometrics plan drawn to same scale as enlarged site plans (V = 10') for legibility, and includes spot readings throughout the residential development, with no spot readings in excess of 5.9 footcandles for all site lighting including freestanding poles, all lighting fixtures on exterior of all buildings, and landscaping and signage uplighting. 12. At time of permitting, submit a revised photometrics plan that includes an elevation drawing of a typical freestanding outdoor lighting pole (indicating height from grade to top). The typical drawing of the freestanding outdoor lighting poles must include the color and material, and the light fixture specifications. 13. At time of permitting, submit a revised photometrics plan that includes photos and specifications for all wall mounted light fixtures proposed. 14. At time of permitting, submit a revised photometrics plan that includes all of the following notes: • The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value. • A minimum average light level of one (1) foot candle shall be provided, with no more than 10% of the spot readings below one (1)foot candle and none below Y2 foot candle. • Lighting shall not be of an intensity that produces glare on adjacent property. • Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. • Indicate light fixture will provide lighting in the warm white range. ........................ 15, In order to ensure proper maintenance of the buffer areas, staff recommends converting them from private property to "buffer tracts" that would be common area owned and maintained by the Condominium Association. ................... 16. Where there are no utility easements along the east side of the site abutting single-family residential zoning, a six (6) foot masonry buffer wall shall be required and shall comply with the design standards of the Ll . 2 Page 265 of 268 The City ofBoyntan Beach Exhibit "C" — CONDITIONS OF APPROVAL DEVELOPMEWDEPARTMENT PLANNING&ZONING DIVISON Project Name: Harbor Cay 3301 Quantum Blvd. P.O. Box 310 File number: MSPM 19-003 Boynton Beach, Florida 33425-0310 Reference: Plans P&Z Date Stamp 02112/19 TEL: 561-742-6260 17. Two (2) parking spaces are required for each townhouse unit, and a 2- car garage is provided for each unit. To ensure sufficient parking remains, each garage shall be used only for parking, not storage or other purposes. The Harbor Cay Condominium Association all incorporate this restriction into their bylaws. 18. No future modifications to patios, porches, or balconies (such as increase in size, enclosed, or screened) shall be allowed. This restriction should be included in the Condominium by-laws. 19. At time of permitting, ensure that the locations of all freestanding light poles are indicated on landscape plan and consistent with photometrics plan, and that they are not located too close to landscaping when it becomes mature. 20. At time of permitting, submit a copy of the recorded by-laws of the Condominium Association. 21. At time of permitting, submit a revised approval from PBC Traffic Engineering with the corrected number of dwelling units (18). FIRE DEPARTMENT INCLUDE REJECT No comments. POLICE DEPARTMENT INCLUDE REJECT Previous comments addressed at DART. BUILDING DEPARTMENT INCLUDE REJECT —Trevious comments addressed at DART. CRA COMMENTS INCLUDE REJECT Previous comments addressed at DART. PLANNING AND DEVELOPMENT BOARD INCLUDE REJECT T To Tc be determined. CITY COMMISSION INCLUDE REJECT To be determined. 3 Page 266 of 268 The City ofBoynton Beach Exhibit "C" — CONDITIONS OF APPROVAL DEVELOPMEWDEPARTMENT PLANNING&ZONING DIVISON Project Name: Harbor Cay 3301 Quantum Blvd. File number: MSPM 19-003 P.O. Box 310 Boynton Beach, Florida 33425-0310 Reference: Plans P&Z Date Stamp 02/12/19 TEL: 561-742-6260 ADDITIONAL REPRESENTATION / COMMITMENTS INCLUDE REJECT The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions 22. of approval. The applicant has offered to re-pave the entire length of Lakeside Harbor Drive for the adjacent neighborhood. 4 Page 267 of 268 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Cay Townhomes (MSPM 19-003) APPLICANT: Mr. Koba Koberidze, Managing Member, United Developers Group, LLC APPLICANT'S ADDRESS: 5301 N Federal Hwy, Suite 380-11, Boca Raton, FL 33487 DATES OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2019 and May 7, 2019 APPROVAL SOUGHT: Request for Major Site Plan modification approval to construct 18 three-story townhome dwelling units consisting of five (5) buildings, and related site improvements, in the MU-1 (Mixed Use 1) zoning district. LOCATION OF PROPERTY: 605 Lakeside Harbor Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\MSPM19-003\DO.doc Page 268 of 268