Agenda 12-17-18 CITY OF BOYNTON BEACH
4 PLANNING AND DEVELOPMENT BOARD
MEETING AGENDA
DATE: Monday, December 17, 2018 TIME: 6:30 PM
PLACE: Intracoastal Park Clubhouse
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 Country Trail PUD annexation (ANEX 19-001) Applicant: M2D Country
Trail, LLC
REQUEST: Approve Country Trail PUD Future Land Use Map amendment from Palm Beach
County's Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density
Residential (LDR) with a maximum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC
REQUEST: Approve Country Trail PUD rezoning from Palm Beach County's AR, Agricultural
Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC
7.B. Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story
single-family residences and associated site improvements on a 5.17 acre site. Applicant: M2D
Country Trail, LLC
7.C. REQUEST: Approve Boynton Beach Mall Future Land Use Map Amendment from Development
of Regional Impact (DRI) to Mixed Use Low(MXL). Applicant: City-initiated.
REQUEST: Approve the Comprehensive Plan's Future Land Use Element text amendment to
delete the Boynton Beach Mall DRI from the list of DRI-classified sites. Applicant: City-initiated.
7.D. Request for Major Site Plan modification approval to construct one-story building additions totaling
6,657 square feet, to an existing three (3) building, 10,865 square foot, warehouse complex, for a
total of 17,722 square feet, and related site improvements. Applicant: Jose Obeso, J.A.O.
Architects & Planners.
7.E. Approve modifications to parking requirements (CDRV 19-001) - Amending the LAND
DEVELOPMENT REGULATIONS, Chapter 4. Zoning, Article V. Minimum Off-Street Parking
Requirements, Section 2.A. & B., to revise parking requirements for residential uses, and
modifications to shed requirements (CDRV 19-002) — Amending the LAND DEVELOPMENT
REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.E., to
increase potential siting locations for permanent sheds and storage structures. City initiated.
Page 1 of 92
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 92
7.7.A.
New Business
12/17/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 12/17/2018
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD:
REQUEST: Approve Country Trail PUD annexation (ANEX 19-001)Applicant: M2D Country Trail, LLC
REQUEST: Approve Country Trail PUD Future Land Use Map amendment from Palm Beach County's
Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density Residential (LDR)with a
maximum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC
REQUEST: Approve Country Trail PUD rezoning from Palm Beach County's AR, Agricultural Residential, to
PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC
EXPLANATION OF REQUEST:
The subject 5.17 acre parcel is currently developed with one single-family home. The applicant seeks to annex
the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach
County designations in order to develop the property with twenty six (26) single-family homes. Annexation,
FLUM amendment, rezoning and the new site plan are processed concurrently.
The City and County staff concur that the proposed annexation meets the statutory conditions: the parcel is
contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets.
The proposed FLU and zoning designations are consistent with FLU and zoning designations of the
surrounding areas and will support a single-family home development consistent with the neighborhood's
established land use patterns.
Since most housing units approved in Boynton Beach during the last five years have been multifamily rental
dwellings, the addition to the single-family home supply—albeit small—would arguably benefit the City.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either
programs or services.
FISCAL IMPACT:
The project will contribute to the City's tax base.
ALTERNATIVES:
None recommended
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
Page 3of92
N/A
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION: N/A
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Country Trail PUD ANEX 19-001 and LUAR 19-
001 Staff Report
D Location Map ExhibitA. Location Map
D Amendment Exhibit B. Proposed FLU
D Amendment Exhibit C. Proposed Zoning
D Letter Exhibit D. PBC Annexation Letter
Page 4 of 92
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 19-067
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Ed Breese
Planning and Zoning Administrator
FROM: Hanna Matras, Senior Planner
DATE: December 4, 2018
PROJECT: Country Trail PUD
ANEX 19-001 / LUAR 19-001
REQUEST: Approve Country Trail PUD annexation, Future Land Use Map
amendment from Palm Beach County's Medium Residential with a
maximum density of 5 du/acre (MR-5) to Low Density Residential
(LDR) with a maximum density 7.5 du/acre, and rezoning from Palm
Beach County's AR, Agricultural Residential, to PUD, Planned Unit
Development.
PROJECT DESCRIPTION
Property Owner/
Applicant: M2D Country Trail, LLC
Agent: Christi Tuttle / Miller Land Planning, Inc.
Location: 2600 County Lake Trail (Exhibit "A")
Existing FLU/
Zoning: Medium Residential (MR-5), maximum density 5 du/ac / AR,
Agricultural Residential - Palm Beach County
Proposed FLU/
Zoning: Low Density Residential (LDR), maximum density 7.5 du/ac /
Planned Unit Development (PUD); see Exhibits "B" and "C"
Acreage: 5.17 acres
Proposed Use: 26 Single-Family homes
Page 5of92
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Country Trail PUD
ANEX 19-001 /LUAR 19-001
Adjacent Uses:
North: Single-family home community (Cranbrook Lake Estates),
classified Low Density Residential (LDR) and zoned Planned Unit
Development (PUD);
South: Right-of-way for County Lake Trail, and single-family home
community (Serrano at Country Lakes), classified Low Density
Residential (LDR) and zoned Planned Unit Development (PUD);
East: Single-family home community (Cranbrook Lake Estates aka
Silverlake Estates), classified Low Density Residential (LDR) and
zoned Planned Unit Development (PUD);
West: Single-family homes of Village of Golf, classified Residential
Medium Density and zoned Residential.
BACKGROUND
The subject 5.17 acre parcel is currently developed with one single-family home.The
applicant seeks to annex the parcel and obtain the City FLUM classification and zoning
district to replace its current Palm Beach County designations in order to develop the
property with twenty six (26) single-family homes. Annexation, FLUM amendment,
rezoning and the new site plan are processed concurrently.
Preliminary review of the proposed annexation by staff indicates that it meets the
statutory conditions: the parcel is contiguous to the City boundary and "reasonably
compact" in that it does not create enclaves or pockets.
Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional
directions regarding the process are contained in the Palm Beach County Ordinance 2007-
018. Pursuant to these requirements, on October 8, 2018 staff sent a notification of the
proposed annexation to the Palm Beach County Administrator and Planning Director.
County staff reviewed the application and have not identified any inconsistencies with
Chapter 171 (Exhibit""D".)
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 D.3:
a. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
2
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Country Trail PUD
ANEX 19-001 /LUAR 19-001
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 subject FLU reclassification and rezoning are requested in conjuction with a privately-
initiated annexation, which requires concurrent applications for same. The proposed
designations are consistent with FLU and zoning designations of surrounding areas.
b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and
rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
Consistency with Comprehensive Plan
As noted above, the FLUM amendment and rezoning are requested in conjuction with
annexation, which is encouraged by the Comprehensve Plan's Land Use Element's
Objective 1.15, especially if it contributes to the elimination of an existing county pocket.
Objective 1.15 The City will continue to expand through annexation of
enclaves, pockets and other contiguous properties.
The concurrent FLUM amendment and rezoning are required per Policy 1.15.3:
Policy 1.15.3 The City shall require that property owners requesting
annexation into the City concurrently apply for land use
amendment and rezoning to the City's land use classification
and zoning district.
The proposed FLU and zoning match low density, single-family character of the
surrounding areas, consistently with the intent of Policy 1.12.2.
Policy 1.11.2 The City shall continue to maintain and improve the existing
single-family and lower-density neighborhoods, by preventing
conversions to higher densities, except when consistent with
adjacent land uses, contributes to the implementation of
adopted redevelopment plans, or furthers the City's affordable
housing programs.
Consistency with Land Development Regulations (LDR)
The application for the new site plan complies with the regulations and intent of the PUD
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
3
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Country Trail PUD
ANEX 19-001 /LUAR 19-001
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 and zoning district would match the FLU and zoning of the surrounding
neighborhood and would support a single-family home development consistent with the
area's established land use patterns.
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 listed above
sustainability characteristics, but again,it is consistent with surrounding land use pattern.
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. The Utilities Department has confirmed long-term capacity availability
for potable water and sewer at the maximum density and intensity allowed under the
requested land use classification and zoning designation.
Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient
disposal capacity will be available at the existing landfill through approximately the year
2046.
Drainage. Drainage will be reviewed in detail as part of the site plan, land development,
and building permit review processes.
Trak. Traffic impacts will be reviewed as part of the site plan.
The School Capacity Avai/abi/ity Determination (SCAD) for PBC School District The
proposed project was determined not to have negative impact on the public school
system.
f. Compatibility. The application shall consider the following factors to determine
compatibility.
4
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Page 5
Country Trail PUD
ANEX 19-001 /LUAR 19-001
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby properties,
or would negatively affect the property values of adjacent and nearby properties, and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is
of a scale which is reasonably related to the needs of the neighborhood and the City
as a whole.
The response to the criterion 'T' is similar to the one provided in discussion of criteria "a,"
"b" and "c": the proposed FLU and zoning district would match the FLU and zoning of the
surrounding areas and would support a single-family home development consistent with
the area's established land use pattern. The zero-lot line configuration of homes in the
proposed development matches that of the Serrano at Country Lakes community located
immediately south of the subject parcel while the single-family homes north, east, and
particularly west of the property feature larger lots. However, it is unlikely for the values
of those properties to be negatively affected.
As most housing units approved in Boynton Beach during the last five years have been
multifamily rental dwellings, the addition to the single-family home supply—albeit small—
would arguably benefit the City.
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 will support a residential project, the main
economic development benefit of this action will be the project's contribution to the City's
tax base. In addition, a noted in response to the criterion 'T' above, increasing the single-
family home supply would be of benefit to the City.
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:
5
Page 9of92
Page 6
Country Trail PUD
ANEX 19-001 /LUAR 19-001
(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 proposed residential FLU and zoning designations are the only appropriate choices
for the property. The subject annexation offers no options to increase the supply for
commercial land.
L Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
N/A. The FLUM and rezoning requests are being considered in conjunction with
annexation.
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.
The application for the new site plan complies with the regulations and intent of the PUD
zoning district.
CONCLUSION/RECOMMENDATION
As indicated herein, staff has reviewed the proposed annexation, future land use
amendment and rezoning and determined that they are consistent with the policies of the
Comprehensive Plan, and the proposed annexation eliminates the PB County
unincorporated pocket. Therefore, staff recommends approval of the subject requests.
S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\LUAR 19-001\LUAR 19-001 County Trail PUD Staff
Report.docx
6
Page 10 of 92
EXHIBIT A
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Departxnent of Planning, November 8, 2018
Zoning&.Building
2300 North Jog Road
West Palm Beach,FL 33411-2741
(561)233-5000 Ed Breeze
Planning Division 233-5300 Planning and Zoning Administrator
Zoning Division 233-5200 city of Boynton Beach
Building Division 233-5100 Planning and Zoning Division
Code Enforcement 233-5500 3301 Quantum Blvd
Contractors Certification 233-5525 Boynton Beach, FL 33426
Administration Office 233-5005
Executive Office 233-5228 E: Proposed Annexation County Trail PUD, 2019-0 -001
www.pbcgov.com/pzb
Dear Mr. Breeze:
Thank you for providing the County advance notice and the opportunity to review
Palm Beach county the annexation summarized below.
Board of County
Commissioners 7TTrail
Description
Melissa McKinlay,Mayor CounTPUDs. 5.77
Mack Bernard,Vice Mayor tion:West of s. Congress Ave., south of Golf Rd.
2019- eading: Not determined 2nd Reading: Not determined
Hal R.Valeche
Paulette Burdick The proposed annexation was processed through the County's Annexal®
n Review
Dave Kerner Process. County staff and service delivery agencies reviewed the proposed
Steven L.Abrams
annexation. After review, County staff has not identified any inconsistencies with
Chapter 171, Florida Statutes. The property is located within an existing
Mary Lou Berger unincorporated enclave; its annexation will eliminate the enclave.
If you have questions or comments, please contact Patricia Behn, Deputy Planning
Director, at 561-233-5332.
County Administrator Sincerely,
Verdenia C.Baker
Lorenzo Aghe o
Planning Director
cc: The Honorable Steven L.Abrams, District 4 Commissioner Patricia Behn, Deputy Planning Director, PBC
"An Equal Opportunity Patrick W.Rutter,Assistant County Administrator
Affirmative Action Employer" Ramsay Bulkeley, Esq., Deputy Director, PZ&B Lori Hanna a MatraLaVerr as, City Manager, Boynton Beach
Robert P.Banks,AICP,Chief Land Use County Attorney Senior Planner, Boynton Beach
printed on sustainable t:lplanninglintergovernmentallannexations12019 fiscal yea rlletterslbb-county trail pud-nov2018.docx
and recycled paper
Page 14 of 92
7.7.B.
New Business
12/17/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 12/17/2018
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Country Trail PUD
New Site Plan to construct a new development with 26 two-story single-family residences and associated site
improvements on a 5.17 acre site. Applicant: M2D Country Trail, LLC
EXPLANATION OF REQUEST:
The subject 5.17 acre parcel is currently developed with one single-family home. The applicant seeks to annex
the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach
County designations in order to develop the property with twenty-six(26) single-family detached dwelling units
known as Country Trail PUD. Annexation, FLUM amendment, rezoning and the new site plan are processed
concurrently (see respective staff reports).
The applicant is proposing a total of 26 zero lot line homes, as permitted in a PUD zoning district. Zero lot
line development on this site is consistent with the development pattern found in the neighboring PUD to the
south. The "Typical Lot Detail" of the proposed project as shown on the site plan (A101) illustrates
the placement of each model type (A-C)within the typical 45 foot by 115 foot lot. The project would
also include an amenity area including a swimming pool and cabana.
The development proposes single-family residences in contemporary architectural styles. There are three
proposed models (A-C). Each model has two variations, one with a pitched roof and one with a flat roof,
each variation also has slight differences in the color allocations. The homes would be two (2) stories tall.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either
programs or services.
FISCAL IMPACT: Non-budgeted The project will contribute to the City's tax base.
ALTERNATIVES: None recommended.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: N/A
Is this a grant? No
Page 15 of 92
Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Staff Report
D Exhibit ExhibitA: Location Map
D Drawings Exhibit B: Plans
D Drawings Exhibit C: Models
D Conditions of Approval Exhibit D: Conditions of Approval
D Development Order Development Order
Page 16 of 92
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 18-072
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Ed Breese
Planning and Zonin2 Administrator
FROM: Amanda Bassiely, Principal Planner
/k7
DATE: November 29, 2018
PROJECT: Country Trail PUD (NWSP 19-001)
REQUEST: Approve Country Trail PUD New Site Plan to construct a new development
with 26 two-story single-family residences and associated site
improvements on a 5.17 acre site.
PROJECT DESCRIPTION
Property Owner: M2D Country Trail, LLC
Agent: Christi Tuttle, Miller Land Planning
Location: 2600 County Lake Trail (Refer to Exhibit"A": Location Map)
Existing Land Use: Medium Residential (MR-5) - Palm Beach County
Existing Zoning: Agricultural Residential (AR) - Palm Beach County
Proposed Land Use: Low Density Residential (LDR)
Proposed Zoning: Planned Unit Development (PUD)
Acreage: 5.17 acre
Page 17 of 92
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Country Trail PUD
NWSP 19-001
Adjacent Uses:
North: Single-family home community (Cranbrook Lake Estates aka Silverlake
Estates), classified Low Density Residential (LDR) and zoned Planned
Unit Development (PUD);
South: Right-of-way for County Lake Trail, and single-family home community
(Serrano at Country Lakes), classified Low Density Residential (LDR)
and zoned Planned Unit Development (PUD);
East: Single-family home community (Cranbrook Lake Estates aka Silverlake
Estates), classified Low Density Residential (LDR) and zoned Planned
Unit Development (PUD);
West: Single-family homes of Village of Golf, classified Residential Medium
Density and zoned Residential.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject request were mailed a
notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with
Ordinance No. 04-007.
BACKGROUND
Proposal: The subject 5.17 acre parcel is currently developed with one single-family
home. The applicant seeks to annex the parcel and obtain the City FLUM
classification and zoning district to replace its current Palm Beach County
designations in order to develop the property with twenty six (26) single-
family detached (zero lot line) dwelling units known as Country Trail PUD.
Annexation, FLUM amendment, rezoning and the new site plan are
processed concurrently (see respective staff reports).
ANALYSIS
Concurrency:
Traffic: A traffic statement prepared by JMD Engineering was sent to the Palm
Beach County Traffic Division for concurrency review in order to ensure an
adequate level of service. The traffic study stated that the proposed project
would generate a total of 250 trips per day. The Palm Beach County Traffic
Division has determined in a letter dated October 29, 2018 that the project
will meet the Traffic Performance Standards of Palm Beach County. An
updated approval letter will be required prior to permitting to revise the
2
Page 18 of 92
Page 3
Country Trail PUD
NWSP 19-001
request from 25 to 26 dwelling units (See Exhibit D — Conditions of
Approval).
School: The School District of Palm Beach County has reviewed the application
and has determined that adequate capacity exists in area public schools to
accommodate the projected resident population. An updated approval
letter will be required prior to permitting to revise the request from 25 to 26
dwelling units (See Exhibit D —Conditions of Approval).
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.
Police/Fire: The Police Department has reviewed the site plan and all review comments
have been acknowledged by the applicant and will be addressed at the
time of permitting. The Fire Department notes that they will be able to
provide an adequate level of service for this project with current or expected
infrastructure and/or staffing levels. Further plan review by Police and Fire
will occur during the building permit process.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate
and is recommending that the review of specific drainage solutions be
deferred until time of permit review.
Access: The site plan (Sheet SP-1) shows that one point of ingress/egress is
proposed. The two-way driveway is an extension of the private road,
Country Lake Trail, which is accessed from Palmland Drive. Vehicular
circulation would include one central two-way roadway with single-family
lots on either side. The site plan also includes a hammerhead turn at the
end of the roadway for vehicle turnaround. Sidewalks are provided on both
sides of the extension of Country Lake Trail at four (4) feet in width.
Parking: The site plan (Sheet SP-1) proposes 26 single-family homes, which
requires 52 parking spaces, based upon the standard of one (2) parking
space per unit. The site plan depicts 107 proposed parking spaces. Each
unit has a two-car garage and a driveway for two additional cars. The
pool/amenity area has three additional parking spaces, one of which is a
handicap space.
Landscaping: The Plant List(Sheet L2) indicates that the project would add a total of 203
trees to the property while retaining and relocating several canopy
specimens. The plan depicts 34 canopy trees, 73 accent trees, and 96
palm trees. The applicant has chosen to retain the large Royal Palm Trees
along the north side of the property and plant 16 foot tall, full-to-the-bottom
and dense Fishtail Palm Trees along the north buffer, to provide an instant
buffer against the residential properties to the north. The plan also shows
1,722 shrubs/groundcover plants. All plant materials to be used in the
landscape design are required to be Florida number one grade and must
3
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Country Trail PUD
NWSP 19-001
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: Silver Green Buttonwood, Live Oak,
Crepe Myrtles, and East Palatka Holly trees. Palm species would include
Fishtail Palms and Triple Montgomery Palms.
The site plan shows perimeter landscape buffers, 10-feet in width, are
proposed along the, south, east, and west property lines, and 15-feet in
width along the north property line. These buffers include a mix of Live
Oak, East Palatka Holly, Silver Buttonwood, and shrub and groundcover
plant material.
Building and Site: The applicant is proposing a total of 26 zero lot line homes, as permitted in
a PUD zoning district. Zero lot line development on this site is consistent
with the development pattern found in the neighboring PUD to the south.
In order to adequately buffer the PUD to the east, the project proposes a
ten (10) foot wide landscape buffer, a 50 foot wide drainage / detention
basin area, and an additional 15 foot setback, totaling in a 75 foot
separation from the east property to any new residential structure. The
single family lots on the west side of the property abut a roadway with a 12
foot tall hedge as a buffer, to the south is an establish buffer with a six (6)
foot wall, and the proposed 16 foot tall Fishtail Palms form the buffer
proposed along the north side.
The PUD regulations require that setbacks within PUD's mirror those in
abutting development to ensure adequate separation between buildings.
As per the setbacks specified on the PUD Master Plan for Aspen Glen, the
building setbacks proposed are as follows: front — 25 feet; rear — 15 feet;
non-zero lot line side— 10 feet; and zero-lot line side —zero (0) feet.
The "Typical Lot Detail" of the proposed project as shown on the site plan
(A101) illustrates the placement of each model type (A-C)within the typical
45 foot by 115 foot lot. The houses would be setback at least 25 feet from
the front property line. A portion of this front setback would consist of a 10-
foot wide utility easement. The detail also shows that the zero-lot line
homes would be setback 10 feet from the side lot line and 15 feet from the
rear lot line.
The elevations show that the mean height of the two (2) story homes would
be 26 feet, as measured from the midpoint of the roof or the deck of a flat
roof. The development will comply with the maximum height of 30 feet for
all single-family residential zoning districts.
Design: The development proposes single-family residences in contemporary
architectural styles. There are three proposed models (A-C). Each model
has two variations, one with a pitched roof and one with a flat roof, each
variation also has slight differences in the color allocations. The homes
would be two (2) stories tall. The pitched roof variation of each of the three
models would have a metal-seem roof. The elevations show that the
4
Page 20 of 92
Page 5
Country Trail PUD
NWSP 19-001
exterior finish of the walls would be textured stucco. The applicant is
proposing a variety of neutral colors schemes which are compatible with
the proposed architecture and surrounding developments.
Models (A-C) with similar house style types, each with four (4) bedrooms
and a 2-car garage. Model A has four (4) and one-half bathrooms, model
B has four (4) bathrooms, and model C has three (3) and one-half
bathrooms. The air-conditioned living area each home would range from
3,646 square feet to 2,650 square feet. Staff has no objections to the
proposed building colors, architectural styles, or roof types
Amenities: As noted above, the site plan depicts the inclusion of an amenity area
including a pool and cabana.
Signage: One monument sign is proposed at the entry of the development. Greater
detail will be submitted to staff for review.
RECOMMENDATION
Staff has reviewed this request for a New 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\Country Trail PUD\NWSP\StaffReport\NWSP 19-001 CountryTrailPUDStaffReport.docx
5
Page 21 of 92
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EXHIBIT D
Conditions of Approval
Project Name: Country Trail PUD
File number: NWSP 19-001
Reference: 31d review plans identified as a Maior Site Plan Modification with a November 27,
2018 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES
Comments:
1. A swale acceptable to the City Engineer is required on the
outside of the proposed perimeter berm(s) to capture the runoff
and prevent it from flowing off-site.
2. Since there is no outfall, this site must demonstrate that the top
of the perimeter berm is at the 100 year/3 day storm stage.
3. If the site imports stormwater runoff in the predevelopment
condition, it will be required to accommodate this runoff in the
post development condition; additional off-site topographic
survey information will be required.
FIRE
Comments: None. All previous comments addressed at DART meeting.
POLICE
Comments: None. All previous comments addressed at DART meeting.
BUILDING DIVISION
Comments: None. All previous comments addressed at DART meeting.
PARKS AND RECREATION
Comments:
4. Park impact fees are due at time of permitting.
PLANNING AND ZONING
Comments.
Page 35 of 92
Country Trail PUD (NWSP 19-001)
Conditions of Approval
Page 2 of 2
DEPARTMENTS INCLUDE REJECT
5. Prior to permitting, label all building elevations with selected
colors and materials.
6. Provide homeowner documents which indicate:
• Individual homeowners may not remove any of the approved
landscape buffer material.
• Landscape and lawn area will be maintained by HOA
• Homeowner's fences along the west are allowed to bisect the
buffer and connect to the wall/fence.
7. Prior to permitting, provide selected paint schemes for the homes
and associated manufacturer paint samples.
8. Prior to permitting revise Landscape Sheet L-2 to simply depict
new plant material, relocated trees in their designated relocation
spot and those trees to remain in place.
9. Move the site address to be centered at the top of the monument
signs
10. Additional needed comments regarding proposed signage will be
rendered at time of permitting.
11. Prior to permitting update and correct parking calculations on the
site plan.
COMMUNITY REDEVELOPMENT AGENCY
Comments: Not applicable.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\NWSP\StaffReport\ExhibitD_NWSP19-001 COA.doc
Page 36 of 92
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Country Trail PUD (NWSP 19-009)
APPLICANT: M2D Country Trail, LLC
APPLICANT'S ADDRESS: 755 NW 17th Avenue, Suite 107 Delray Beach, FL 33445
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2019
APPROVAL SOUGHT: Request for approval of Country Trail PUD's New Site Plan to construct a new
development with 26 two-story single-family residences and associated site
improvements on a 5.17 acre site.
LOCATION OF PROPERTY: 2600 County Lake Trail, Boynton Beach, FL
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\Country Trail PUD\NWSP\StaffReport\NWSP19-009_DO.doc
Page 37 of 92
7.7.C.
New Business
12/17/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 12/17/2018
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD:
REQUEST: Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional
Impact(DRI) to Mixed Use Low(MXL). Applicant: City-initiated.
REQUEST: Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the
Boynton Beach Mall DRI from the list of DRI-classified sites. Applicant: City-initiated.
EXPLANATION OF REQUEST:
The Boynton Beach Mall encompasses approximately 108 acres and currently has six owners. The four
parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach
Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar
Florida 2015 Cinemas and Christ Fellowship Church.
The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards, JCPenney and
Sears as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach
movie theater and Sears Auto Center.
The proposed future land use amendment, changing the Mall's future land use classification from
Development of Regional Impact (DRI) to Mixed Use Low (MXL), has been initiated by City staff in
preparation for the site's future redevelopment. (Note that the pine preserve, a part of the original DRI, will
retain its Recreational classification.) While the redevelopment will likely proceed in phases and involve site
planning for each, the rezoning will be processed concurrently with a master plan for the entire site. There is
at present no master plan application. The subject FLUM amendment is accompanied by the concurrently
processed amendment to the Comprehensive Plan's Future Land Use Element (CPTA 19-001), which
eliminates the Boynton Beach Mall DRI from the list of DRI-classified sites.
Since the size of the property under consideration exceeds ten acres, both the proposed FLUM amendment
and the concurrent text amendments to the Future Land Use Element are subject to the Expedited State
Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the Commission approves
the proposed amendments, they will be transmitted for review to the Florida Department of Economic
Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively
planned for April 2019.
There are several factors contributing to the need for the proposed amendment:
Development order for Boynton Beach Mall DRI expired.
The Future Land Use Element's definition of the DRI future land use for the Mall includes minimum and
maximum intensity of retail/commercial development measured in square feet of gross leasable space as
approved by the DRI development order. Since the subject development order expired, this definition no
longer has actionable meaning and will be eliminated. Concurrently, the Mall would be assigned a new FLU of
Mixed Use Low.
Page 38 of 92
Enclosed mall as model for a shopping center is becoming obsolete. Closures of traditional enclosed malls in
the U.S. have been reported for over a decade. Some of these malls are able to reinvent themselves to
become "lifestyle shopping" mixed use projects or outlet centers, some are redeveloped as health or
conference facilities, and some have accommodated nontraditional tenants such as churches and schools.
The proposed Mixed Use Low FLU reclassification (and subsequent rezoning) will provide flexibility in both
uses and design to allow the Mall to "reinvent" itself. The variety of options MXL offers is crucial to the
successful redevelopment of the property and the continued success of the entire Congress Avenue
commercial hub.
The Mall's current zoning is not conducive for redevelopment
The Mall's current zoning is C-3, Community Commercial, a conventional zoning district under the Local
Retail Commercial (LRC)future land use. Neither provides appropriate framework for creativity and flexibility
in design that the property needs to be successfully redeveloped.
Mall redevelopment is included in City's strategic plans
The City's Strategic Plan 2018-2022 lists the Mall's redevelopment as item#18 in the portfolio of strategic
projects starting FY2018-2019. The document notes that the redevelopment of the Mall site will be part of a
future planning effort embracing an area tentatively referred to as the Congress Avenue Corridor District.
As expected, the need for improvements/redevelopment of the Mall was also recognized by the City's 2016-
2021 Economic Development Strategic Plan(Goal 4, Objective 4.2).
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either
programs or services
FISCAL IMPACT:
No impact at this time, but future redevelopment of the Mall will contribute to the City's tax base.
ALTERNATIVES: None recommended
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
Mall redevelopment listed as item #18 in the portfolio of strategic projects starting FY1018-2019 (Strategic
Plan 2018-2022).
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
N/A
Is this a grant?
Grant Amount:
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ATTACHMENTS:
Type Description
D Staff Report BB MALL LUAR 19-002 and CPTA 19-001
D Location Map EXHIBITAl. BB MALL Ownership
D Location Map EXHIBITA2. BB MALI-Aerial
D Location Map EXHIBIT B. BB MALL Current FLU
D Amendment EXHIBIT C. BB MALL Proposed FLU
D Location Map EXHIBIT D. BB MALL Current Zoning
D Amendment EXHIBIT E. BB MALL FLU TextAmendment
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 18-064
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Ed Breese
Planning and Zoning Administrator
FROM: Hanna Matras, Senior Planner
DATE: December 7, 2018
PROJECT: Boynton Beach Mall's Future Land Use Map Amendment (LUAR
19-002) and related Comprehensive Plan's Text Amendment
(CPTA 19-001)
REQUEST: Approve Boynton Beach Mall Future Land Use Map Amendment
from Development of Regional Impact (DRI) to Mixed Use Low
(MXL) and the Comprehensive Plan's Future Land Use Element
text amendment to delete the Boynton Beach Mall DRI from the list
of DRI-classified sites. City-initiated.
PROJECT DESCRIPTION
Property Owners: Boynton Beach Mall, LLC (owned by Washington Prime Group,
LLC)—four (4) parcels; remaining parcels owned by Macy's
Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.;
Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church,
Inc. (Exhibit "Al")
Applicant: City of Boynton Beach
Location: Area bounded by Boynton Canal on the north, Old Boynton Road
on the south, developed commercial properties/Congress Avenue
on the east, LWDD L-23 Canal on the northwest and Javert Street
on the southwest (Exhibit "A2")
Existing Land Use/ Development of Regional Impact (DRI), Exhibit "B" /
Zoning: C-3, Community Commercial (Exhibit "D");
Proposed Land Use/ Mixed Use Low (MXL), Exhibit "C") /
Zoning: No change in zoning
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LUAR 19-002
Acreage: +/- 108.30 acres
Adjacent Uses:
North: Right-of-way for Boynton Canal; farther to the northwest, a mobile
home community Sand and Sea Village in the unincorporated
Palm Beach County, classified HR-8 High Residential and zoned
RS, Residential Single Family; to the northeast, Savanah Lakes
Apartments, classified Medium Density Residential (MeDR) and
zoned PUD, Planned Unit Development, and farther east,
Courtyard By Mariott Boynton Beach Hotel, classified Local Retail
Commercial (LRC) and zoned C-3, Community Commercial;
South: Right-of-way for Old Boynton Road, and farther south, Walmart
and other developed commercial properties, classified Local
Retail Commercial (LRC) and Office Commerical (OC) and zoned
C-3, Community Commercial and C-1, Office Commercial;
East: Developed commercial office and retail properties, then right-of-
way for Congress Avenue; farther east-northeast, developed
commercial outparcels of the the mixed use development of
Boynton Village, classified Mixed Use Low (MXL) and zoned
SMU, Suburban Mixed Use; to the southeast, commercial
development of Town Center, classified Local Retail Commercial
(LRC) and zoned C-3, Community Commercial; and
West: To the southwest, right-of-way for Javert Street; farther west,
developed single-family home subdivision of West Boynton in the
unincorporated county, classified Medium Residential (MR) and
zoned RS, Residential Single Family; to the northwest, LWDD L-
23 Canal and then a pine preserve area, classified Recreational
(R) and zoned REC, Recreation.
BACKGROUND
The Boynton Beach Mall (the Mall), an enclosed shopping center, is a Development of
Regional Impact (DRI) pusuant to the provisions of Chapter 380.06 of the Florida
Statutes. It was approved as a DRI by Palm Beach County through issuance of
Development Order dated May 7, 1974 (Resolution No. 74-343). The Development
Order included 10 (ten) impact-mitigating conditions, with 7 (seven) pertaining to road
improvements/traffic circulation and a requirement that the pine area located in the
northwest area of the site be preserved.
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THE SITE
The Mall is bounded by Javert Street on the southwest, LWDD L-23 Canal on the
northwest, North Congress Avenue on the east, Boynton Canal on the north and Old
Boynton Road on the south. The four parcels owned by the Boynton Beach Mall LLC
comprise the largest part of the area under consideration (the company also owns the
pine preserve area, which will retain its current future land use of Recreational). The
other property owners are Macy's Florida Stores, Regional Enterprises, Dillard's, Istar
Florida 2015 Cinemas and Christ Fellowship Church.
The Mall's main, single-story structure houses the anchor retail tenants of Macy's,
Dillards, JCPenney and Sears as well as the Christ Fellowship Church. The other two
buildings are the Cinemark Boynton Beach movie theater and Sears Auto Center.
The current mall includes 1,074,939 sq. ft. GLA (gross leasable area) of retail and
79,500 sq.ft. GFA (gross floor area) of theater, for a total of 1,154,439 sq.ft..
THE BRIEF HISTORY OF THE MALL
• 1982: The City annexes the property with the proposed development (Ordinance
No. 82-38); adopts a development order for the Boynton Beach Mall permitting
1,108,000 GLA retail (consistent with the Palm Beach County's Resolution No. 74-
343); approves Future Land Use amendment for the property from the Palm Beach
County's Commercial Potential to the City's Local Retail (Ordinance No. 82-41) and
rezoning from the County's CG General Commercial to the City's C-3 Community
Commercial (Ordinance No. 82-44). Outparcels fronting North Congress Avenue are
also annexed, and likewise reclassified/rezoned to the same categories.
• 1985: The Mall opens on October 2nd
• 1988: The City annexes a 5.83 acre parcel included in the original DRI area as a
pine preserve area (Ordinance No. 88-11), giving the property Recreational (R)
future land use classification and REC (Recreation) zoning designation in 1991.
Amendments to the Boynton Beach Mall DRI Development Order (1989-2005)
• 1989: Amendments allow for the increase of the retail GLA from 1,108,000 to
1,244,449 sq. ft. to accommodate addition of the Sears store (Resolution No. 89-
U U U, 12/19/89).
Amendments are appealed by the state planning agency (the former Department of
Community Affairs) and the Treasure Coast Regional Planning Council for
inadequate protection of the pine area, and deficiencies pertaining to drainage and
mitigation of traffic impacts.
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• 1991: Amendments reflect settlement of the above mentioned appeal. The
developer revises the site plan and agrees to preserve the native habitat in the area
in perpetuity through Restrictive Covenants. Additional conditions include
requirements pertaining to littoral zone planting design and management plan and
hazardous materials management plan (Resolution No. 91-37, 3/5/91).
• 1996/1998: Amendments extend the buildout date and include revisions to the
transportation mitigation conditions (Resolution No. 96-26, 2/20/96 and Resolution
No. 98-123).
• 2005: Amendments provide for a conversion of 169,510 square feet of the existing
retail GLA (through the demoliton of the Macy's store, which relocated to the former
Burdines' space) to a 79,500 square foot multi-screen movie theater with 3,650
seats, and the addition of 17,528 of new retail space (Resolution No. 05-049). The
overall square footage is reduced from 1,244,449 to 1,154,439.
Amendment to Boynton Beach Mall FLU with DRI as New FLU Category (2008)
In 2004, the City approved the amendment to the text of the Comprehensive Plan's
Future Land Use Element establishing a Development of Regional Impact (DRI) as a
future land use classification (Ordinance No. 04-012). The new DRI FLU category was a
solution generated in collaboration with Florida Department of Community Affairs, the
former state land planning agency; it addressed the absence of a mixed use
classification applicable for property outside downtown area where such classification
already existed. The DRI FLU was defined separately for the City's three (3) DRIs,
using the density, intensity and traffic generation limits for each as approved in the
respective DRI development orders.
Initially, the DRI FLU was only applied to one of the three sites, Motorola DRI, which
redeveloped under the name of Renaissance Commons. The two remaining DRIs,
Quantum and Boynton Beach Mall, were not reclassified till 2008, as a part of the state-
mandated Evaluation and Appraisal (EAR)-based Comprehensive Plan text and map
amendments (Ordinance No. 08-007).
The pine preserve—a part of the Boynton Beach Mall DRI—retained its Recreation (R)
FLU category.
Expiration of Boynton Beach Mall DRI Development Order (2012)
The initial termination date of the Boynton Beach Mall DRI Development Order was set
for December 31, 2010. However, prior to that date, in 2009, the mall owner requested
and was granted a two (2) – year extension pursuant to the Community Renewal Act, a
growth management law that intended, among other things, to assist local communities'
economic recovery after the period of inactivity forced by the "Great Recession."
Ultimately, the development order expired on December 12, 2012.
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LUAR 19-002
Purchase of Dillard's Property by Christ Fellowship Church (2012)
In December of 2012, Christ Fellowship Church (CFC) purchased one of the two
Dillard's properties. The CFC became one of a growing number of churches locating in
vacant or obsolete former commercial spaces such as malls and abandoned "big-box"
buildings, taking advantage of lower cost of remodeling a vacant building rather than
constructing a new facility.
Washington Prime Group Takes Over the Mall (2014)
In 2014, Simon Property Group, the Mall's owner, spun off their lower-tier mall assets,
including the Boynton Beach property, to an entity known as Washington Prime Group.
THE PROPOSED ACTION AND THE PROCESS
This action—the future land use amendment changing the Mall's future land use
classification from Development of Regional Impact (DRI) to Mixed Use Low (MXL)—
has been initiated by City staff in preparation for the site's future redevelopment. While
the redevelopment will likely proceed in phases and involve site planning for each, the
rezoning will be processed concurrently with a master plan for the entire site. There is at
present no master plan application.
The subject amendment to the Future Land Use Map (FLUM) is accompanied by the
concurrently processed amendment to the Comprehensive Plan's Future Land Use
Element (CPTA 19-001), which eliminates the Boynton Beach Mall DRI from the list of
DRI-classified sites.
Since the size of the property under consideration exceeds ten acres, both the
proposed FLUM amendment and the concurrent text amendments to the Future Land
Use Element are subject to the Expedited State Review Process per provisions of
Chapter 163.3184(3) and (5), Florida Statutes. If the Commission approves the
proposed amendments, they will be transmitted for review to the Florida Department of
Economic Opportunity (DEO), the state land planning agency. The final adoption by the
City Commission is tentatively planned for April 2019.
REVIEW BASED ON CRITERIA
The following analysis adresses all the criteria for review of Comprehensive Plan Map
amendments and rezonings listed in the Land Development Regulations, Chapter 2,
Article II, Section 2.13.3 and Section 2.D.3.
a. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
need for the proposed land use amendment and rezoning must be provided within
the application.
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LUAR 19-002
There are several factors contributing to the need for the proposed amendment:
• Development order for Boynton Beach Mall DRI expired.
The Future Land Use Element's definition of the DRI future land use for the Mall
includes minimum and maximum intensity of retail/commercial development measured
in square feet of gross leasable space as approved by the DRI development order.
Since the subject development order expired, this definition no longer has actionable
meaning and will be eliminated. Concurrently, the Mall would be assigned a new FLU of
Mixed Use Low.
• Enclosed mall as model for a shopping center has become obsolete.
Boynton Beach Mall has been ailing for several years, as shown by the the Palm Beach
County Property Appraiser's annual "Top Taxpayers" reports for the City. There was an
especially sharp drop in appraised value of Boynton Mall LLC properties between 2016
and 2017—nearly $13 million, from $46,339,832 to $33,517,168, as the mall's anchors
JC Penney and Sears continued to suffer declining sales.
Closures of traditional enclosed malls in the U.S. have been reported for over a decade.
Some of these malls are able to reinvent themselves to become "lifestyle shopping"
mixed use projects or outlet centers, some are redeveloped as health or conference
facilities, and some have accommodated nontraditional tenants such as churches and
schools. The Outlook section in the Cushman & Wakefield U.S. Shopping Center report
for the first quarter of 2018 states: "The gap will widen between mall classes (...). Class
8 will look at non-traditional mall tenants and innovation to survive (...). Closures of
weakest malls and centers will ramp up in the second half of 2018. The reinvention of
these dying malls as mixed use projects will gain momentum in 2019 and beyond."
The proposed Mixed Use Low FLU reclassification (and subsequent rezoning) will
provide flexibility in both uses and design to allow the Mall to "reinvent" itself. The
variety of options MXL offers is crucial to the successful redevelopment of the property
and the continued success of the entire Congress Avenue commercial hub.
• The Mall's current zoning is not conducive for redevelopment
The Mall's current zoning is C-3, Community Commercial, a conventional zoning district
under the Local Retail Commercial (LRC) future land use. Neither provides appropriate
framework for creativity and flexibility in design that the property needs to be
successfully redeveloped.
• Mall redevelopment is included in City's strategic plans
The City's Strategic Plan 2018-2022 lists the Mall's redevelopment as item #18 in the
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LUAR 19-002
portfolio of strategic projects starting FY2018-2019. The document notes that the
redevelopment of the Mall site will be part of a future planning effort embracing an area
tentatively referred to as the Congress Avenue Corridor District.
As expected, the need for improvements/redevelopment of the Mall was also
recognized by the City's 2016-2021 Economic Development Strategic Plan (Goal 4,
Objective 4.2)
b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
Consistency with Comprehensive Plan and strategic plans
The proposed FLUM amendment is consistent with the intent of several Comprehensive
Plan Future Land Use Element policies, including:
Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal
mixing of land uses within a single site in order to allow
development and redevelopment in specific geographic areas of
the City that take maximum advantage of existing utility systems
and services, and promote compact development, safe and
pedestrian-friendly streets, and provide transportation choices.
Policy 1.7.4 By the end of 2017, the City shall evaluate a need for
redevelopment plans for specific areas of the City that are not
within the City's designated Community Redevelopment Area. If an
evaluation determines such a need, the development of such plans
shall be added to staff work program.
Policy 1.8.2 The City shall discourage urban sprawl by,
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.
As per the response to criterion "a," the proposed amendment is also consistent with,
and initiates the implementation of, the objectives of the City's Strategic Plan 2018-2022
and the 2016-2021 Economic Development Strategic Plan pertaining to redevelopment
of Boynton Beach Mall.
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In 2019, pursuant to Policy 1.7.4, staff will resume work—initiated in 2018—on a
comprehensive redevelopment plan for the Congress Avenue corridor. Since the
proposed Mixed Use Low is the only mixed use classification for lands west of Interstate
95, it will be a clear choice as the plan's FLU recommendation for the site. Moreover,
the incoming master plan for the Mall will be reviewed with the anticipated
recommendations regarding the FLU, connectivity and overall design for the nearby
corridor areas in sight.
Consistency with Land Development Regulations (LDR)
The consistency with the LDRs and the need for any Code reviews— potentially
required given the size and complexity of the project—will be assessed at the master
plan/rezoning phase of the project. The sole zoning distict corresponding to the
proposed MXL future land use category and applicable to the areas west of Interstate
95 is SMU, Suburban Mixed Use.
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 FLUM would not be contrary to the established land use pattern nor
would it create an isolated FLU classification. The land use pattern in adjacent and
nearby areas is eclectic: it incorporates commercial uses of small and large retail
(including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses of
single-family, multi-family and mobile homes. Given that the subject site contains about
108 acres, the proposed amendment can hardly be considered an "isolated land use
classification"; moreover, the proposed FLU category of MXL extends over an 80 acre
area of Boynton Village community on the east side of North Congress Avenue. Finally,
the MXL future land use classification will very likely be recommended for other areas of
the Congress Avenue Corridor District and will replace the DRI classification of
Renaissance Commons when that DRI expires.
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) access to alternative modes of transportation, and 3) interconnectivity
within the project and between adjacent properties.
The subject FLUM amendment is not accompanied by rezoning with a master plan;
however, the proposed MXL will eventually support a large mixed use project with uses
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complementary to those within the project as well as those in the surrounding areas.
Interconnectivity will be one of the top project design requirements. Visitors and
residents willl have access to PalmTran bus service along Congress Avenue.
e. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
Water and Sewer. Long-term capacity availability for potable water and sewer for the
subject request has been confirmed by the Utilities Department (see attached letter).
So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient
disposal capacity will be available at the existing landfill through approximately the year
2046.
Drainage. Drainage will be reviewed in detail as part of site plans, land development,
and building permit review processes.
Traffic. The traffic impacts associated with the future redevelopment of the mall are not
expected to exceed the 3,306 PM Peak Hour trip cap established in the Boynton Beach
Mall DRI Development Order for the approved 1,244,449 Sq. ft. GLA. (Note that the
constructed square footage and the related PM Peak Hour trips are below the above
threshholds). The trip generation equivalency analysis will be performed at the
rezoning/master plan phase.
Schools. The School Capacity Availability Determination application will be submitted
with a site plan/master plan package.
f. Compatibility. The application shall consider the following factors to determine
compatibility.
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties, and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
The proposed FLUM amendment would be compatible with the current and future use
of adjacent and nearby properties. As previously stated (see response to criterion "c"),
the land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial
uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott),
as well as residential uses of single-family, multi-family and mobile homes. The
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proposed FLU category of MXL covers 80 acres of Boynton Village on the east side of
North Congress Avenue. Moreover, the MXL will likely be recommended for lands along
the Congress Avenue Corridor District currently designated Local Retail Commercial
(LRC), as this FLU classification would not effectively promote redevelopment. MXL will
also replace the DRI classification of Renaissance Commons when that DRI expires.
The redevelopment of the Mall will have a positive effect on property values of
surrounding properties. (At the master planing/site planning phases of the project,
efforts will be taken to mitigate any negative impact of redevelopment on the single-
family residential neighborhood to the west of the site.) While expanding the "Urban
Village" model with its emphasis on walkability and public spaces from the Congress
Avenue's east to the west side, the proposed amendment will assure that the Congress
Avenue Corridor continues to grow and thrive as the City's main commercial hub. It
would benefit both the neighborhood and the City as a whole.
g. Direct Economic Development Benefits. For rezoning/ FLUM amendments
involving rezoning to a planned zoning district, the review shall consider the
economic benefits of the proposed amendment, specifically, whether the proposal
would:
(1) Further implementation of the Economic Development (ED) Program,-
(2)
rogram,(2) Contribute to the enhancement and diversification of the City's tax base,-
(3)
ase,(3) Respond to the current market demand or community needs or provide services
or retail choices not locally available,-
(4)
vailable,(4) Create new employment opportunities for the residents, with pay at or above the
county average hourly wage,-
(5)
age,(5) Represent innovative methods/technologies, especially those promoting
sustainability;
(6) Be complementary to existing uses, thus fostering synergy effects, and
(7) Alleviate blight/economic obsolescence of the subject area.
As mentioned above (criterion "b"), redevelopment of the Boynton Beach Mall is
supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic
Development Strategic Plan and therefore the requested action meets criterion "g(1)".
Furthermore, the ensuing project has a potential to:
• Enhance the City's tax base, reversing the downslide of the Mall's "legacy"
properties' taxable value. As noted in response to criterion "a," between 2016 and
2017 the value of properties owned by Boynton Beach Mall LLC declined from
$46,339,832 to $33,517,168 (criterion "g2");
• Replace the economically obsolete shopping center—enclosed mall—with a mixed
use project driven by market demand and promoting sustainability through design
attributes pertaining to energy saving, public realm development, alternative
transportation etc. (criteria "g3", "gS% and "g7");
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• Create/strengthen synergy of land uses on-site and within the Congress Avenue
Corridor area as a whole (criterion "g6").
• Contribute to the net job growth and/or replace some lost low-wage retail positions
with better employment opportunities (criterion "g4") if uses such as professional
offices are eventually included.
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 proposed FLUM amendment can potentially reduce the amount of land available for
commercial development since the MXL category encourages a mix of residential and
commercial uses. Inclusion of residential uses supports the "live, work and play" motto
embodying the lifestyle of the "Urban Village."
As noted above in response to criterion "g", the amendment has a potential to deliver all
listed benefits, meeting condition "h(2)."
L Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
N/A (See response to criterion "a.")
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.
N/A. The request is for FLUM only.
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CONCLUSION/RECOMMENDATION
As a result of the above analysis, the proposed request is consistent with the intent of
the policies of the Comprehensive Plan and the recommendations of the City's Strategic
Plan and the Economic Development Strategic Plan.
Staff recommends approval of the proposed Future Land Use Map amendments for
transmittal to the State for an Expedited State Review.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall LUAR 19-002\STAFF REPORT\BB Mall LUAR 18-003 Staff Report 11_01.doc
12
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EXHIBIT Al
BOYNTON BEACH MALL LOCATION MAP
OWNERSHIP OF PROPERTIES
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DEVELOPMENT OF REGIONAL IMPACT(DRI) w E
LOCAL RETAIL COMMERCIAL(LRC) S
OFFICE COMMERCIAL(OC) 0 80160 320 480 640
RECREATIONAL(R) Feet
EXHIBIT C
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DEVELOPMENT OF REGIONAL IMPACT(DRI) W E
LOCAL RETAIL COMMERCIAL(LRC) S
OFFICE COMMERCIAL(OC) 0 80160 320 480 640
RECREATIONAL(R) Feet
EXHIBIT D
BOYNTON BEACH MALL CURRENT ZONING
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REC Recreation F
PROPOSED AMENDMENT TO FLU ELEMENT: EXHIBIT E
Consistent with the Renaissance Commons DRI
Development Order, the approved land uses and intensities
shall be as follow:
Land Use Minimum-Maximum Intensity
High density Residential 1,085 du to 2,016 du
Office Commercial 173,460 sf to 322,140 sf
Local Retail/General Commercial 149,100 sf to 276,900 sf
Traffic generation for the Renaissance Commons DRI shall
not exceed 1,634 p.m. peak hour trips (For compliance with
Article 12, Traffic Performance Standards of the Palm Beach
County Unified Land Development Code).
2.
follow-
La.nd--Uae Ma-ni a m-Maxim-u -l-nte"m ity
L, a1-Retail-Ca mereiat 8087447_gla* te L; 00;77 1
t
3. The Quantum Park (fka Boynton Beach Park of
Commerce) Development of Regional Impact (DRI)
approved by City of Boynton Beach Ordinance 84-51, and
most recently amended by Ordinance 12-001, is a mixed use
project containing industrial, office, commercial, residential
and governmental/institutional uses.
Consistent with the Quantum Park DRI Development Order,
the approved land uses and intensities shall be as follows:
City of Boynton Beach 1-9 Date July 18,2017
Comprehensive Plan Future Land Use Element
Amendments:17-1ESR Ordinance 17-011
Page 58 of 92
7.7.D.
New Business
12/17/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 12/17/2018
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Request for Major Site Plan
modification approval to construct one-story building additions totaling 6,657 square feet, to an existing three
(3) building, 10,865 square foot, warehouse complex, for a total of 17,722 square feet, and related site
improvements. Applicant: Jose Obeso, J.A.O. Architects& Planners.
EXPLANATION OF REQUEST:
Jose Obeso, representing NAM Real Estate LLC, is requesting Major Site Plan Modification approval to
construct one-story building additions totaling 6,657 square feet, to an existing three (3) building, 10,865
square foot, warehouse complex, for a total of 17,722 square feet, and related site improvements. The design
proposal is to construct warehouse additions between the existing warehouse structures and along the south
side of the southernmost building to create a large singular warehouse structure.
The site has a considerable amount of existing mature landscape material, which is unusual for heavy
commercial/ industrial properties of this nature. Some of the plant material includes several large canopy
trees, including 10 Gumbo Limbo, 4 Mahogany, 4 Yellow Tabebuia, and 2 Royal Poinciana trees, all to be
retained. In addition, the north and south landscape buffers are densely planted with 8 foot tall Areca Palms,
providing a visual barrier from surrounding properties. Also, the site has an existing 7 foot tall concrete block
wall along the west property line, abutting R2 (Duplex) zoned properties. The building additions are designed
to match the existing structures on site, including the parapet wall cornice treatment, arched relief wall
impressions, diamond shaped accent elements, smooth stucco finish, and paint colors.
The Development Application Review Team (DART) has reviewed this request for Major Site Plan
Modification approval and recommends approval contingent upon satisfying all comments indicated in Exhibit
"C" —Conditions of Approval.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: Collection of fees associated with the required building permits and increase in taxable
value of the property.
ALTERNATIVES: None recommended.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION:
Page 59 of 92
CLIMATE ACTION DISCUSSION: N/A
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Staff Report
D Location Map Location Map
D Drawings Cover Sheet
D Drawings Data Sheet
D Drawings Survey
D Drawings Demolition Plan
D Drawings Site Plan
D Drawings Floor Plan 1
D Drawings Floor Plan 2
D Drawings Building Elevations
D Drawings Landscape Plan
D Drawings Civil Plan
D Drawings Photometric Plan
D Drawings Photometric Detail Plan
D Conditions of Approval Conditions of Approval
D Development Order Development Order
Page 60 of 92
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 18-066
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
FROM: Ed Breese
Planning & Zoning Administrator
DATE: December 6, 2018
PROJECT NAME/NO: 403 NE 31d Street Warehouse / MSPM 19-001
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: NAM Real Estate LLC
Applicant: Jose Obeso, J.A.O. Architects & Planners
Location: 403 NE 31d Street (see Exhibit "A" — Location Map)
Existing Land Use: General Commercial (GC)
Proposed Land Use: No change proposed
Existing Zoning: General Commercial (C-4)
Proposed Zoning: No change proposed
Proposed Use: Request for Major Site Plan modification approval to construct one-story
building additions totaling 6,657 square feet, to an existing three (3)
building, 10,865 square foot, warehouse complex, for a total of 17,722
square feet, and related site improvements.
Acreage: 52,520 square feet
Adjacent Uses:
North: Unimproved right-of-way of NE 4th Avenue, then farther north developed commercial
properties with a General Commercial (GC)future land use classification, and zoned
General Commercial (C-4);
South: South half of the abandoned right-of-way of NE 31d Avenue, then farther south
vacant commercial property with a General Commercial (GC) future land use
classification, and zoned General Commercial (C-4);
East: Right-of-way of NE 31d Street, then farther east developed commercial properties
with a General Commercial (GC)future land use classification, and zoned General
Page 61 of 92
Staff Report—403 NE 3,d Street Warehouse (MSPM 19-001)
Memorandum No PZ 18-066
Page 2
Commercial (C-4); and
West: Developed residential properties with a Medium Density Residential(MeDR)future
land use classification, and zoned R-2 (Single and Two-Family Residential).
Site Details: The subject site is currently developed with three (3)warehouse structures totaling
10,865 square feet and associated parking. The parcel has 323 foot of frontage
along NE 3 d Street and a lot depth varying from 140 to 189 feet.
BACKGROUND
Proposal: Jose Obeso, representing NAM Real Estate LLC, is requesting Major Site Plan
Modification approval to construct one-story building additions totaling 6,657
square feet, to an existing three (3) building, 10,865 square foot, warehouse
complex, for a total of 17,722 square feet, and related site improvements. The
design proposal is to construct warehouse additions between the existing
warehouse structures and along the south side of the southernmost building to
create a large singular warehouse structure.
ANALYSIS
Concurrency:
Traffic: A traffic statement for the proposed project was sent to the Palm Beach County
Traffic Division for concurrency review in order to ensure an adequate level of
service. A traffic concurrency approval letter has been received from Palm Beach
County which indicates the building additions will add 2 AM peak hour trips and 3
PM peak hour trips.
School: School concurrency is not required for this type of project.
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
evidence through the issuance of a certificate of availability by Palm Beach County
Solid Waste Authority.
Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review.
Vehicular Access: The site plan (Sheet A-2) shows that the four(4) existing points of ingress/egress
along the east side of the property connecting to NE V Street will remain,with the
only change proposed being the widening of the drive aisle width of the
Page 62 of 92
Staff Report—403 NE 3,d Street Warehouse (MSPM 19-001)
Memorandum No PZ 18-066
Page 3
northernmost driveway.
Circulation: Vehicular circulation would include a one-way circulation pattern around the entire
perimeter of the site, entering the northernmost driveway, continuing around the
back of the building, and exiting through the southernmost drive. Waste Removal
and Fire Department representatives have reviewed the site circulation and are
satisfied with the design.
Parking: The site plan (Sheet A-2) depicts a total of 17,722 square feet of warehouse
building, with the existing buildings and additions. The existing parking on site will
be modified to accommodate the proposed building additions, including a change
from angle parking, as depicted on Sheet A-1, to 90 degree parking. The owner
proposes the building to serve as storage for his business. A single-user
warehouse building of this size would require 23 parking spaces, based upon the
applicable minimum parking standard of one (1) parking space per 800 square feet
of building. The site plan depicts the provision of 23 parking spaces, including one
(1) designated for handicap use. A loading space is depicted at the rear of the
building, adjacent to the rear service drive. All parking spaces are located on the
east side of the building, and the stalls, including the size and location, were
reviewed and approved by both the Engineering Division and Building Division. In
addition, all necessary traffic control signage and pavement markings will be
provided to clearly delineate areas on site and direction of circulation.
Landscaping: The site has a considerable amount of existing mature landscape material, which
is unusual for heavy commercial/ industrial properties of this nature. Some of the
plant material includes several large canopy trees, including 10 Gumbo Limbo, 4
Mahogany, 4 Yellow Tabebuia, and 2 Royal Poinciana trees, all to be retained. In
addition, the north and south landscape buffers are densely planted with 8 foot tall
Areca Palms, providing a visual barrier from surrounding properties.As part of the
proposed site improvements, the applicant proposes the addition of Pigeon Plum,
Pitch Apple, Japanese Blueberry trees, required City signature trees at the drive
entrances, and Sabal Palm trees. Shrubs and groundcovers include Small Leaf
Clusea, Viburnum, Podocarpus, Dwarf Firebush, Wart Fern and Blue Porterweed
shrubs and groundcovers, with the Firebush and Blue Porterweed being butterfly
attractors.A Creeping Fig vine will be placed up against the arched impressions on
the building, providing a living wall appearance.
The pervious area totals 21.6% of the entire site and consist of landscaped areas.
Additionally, the landscape code requires that 50% or more of the plant material be
native species or low to medium water demand varieties, as denoted in the South
Florida Water Management District's WaterWise Guide.The plant list(Sheet LP-1)
indicates that 65% of the proposed trees and 74% of the shrubs are native.
Building and Site: The proposed building additions are designed as one (1)-story, and as previously
noted, the design proposal is to construct warehouse additions between the
existing warehouse structures and along the south side of the southernmost
building to create a large singular warehouse structure.The floor plans(Sheets A-3
& A-4) depict the newly connected spaces, and labels the space as storage use.
As a result, the building additions comprise 6,657 square feet, and along with the
existing three (3)warehouse buildings consisting of 10,865 square foot, the total of
the unified building after the additions will total 17,722 square feet. The proposed
Page 63 of 92
Staff Report—403 NE V Street Warehouse (MSPM 19-001)
Memorandum No PZ 18-066
Page 4
placement of the building additions complies with the minimum setbacks of the C4
zoning district,with the building setback between 49 and 80 feet from the east side
(front) property line (minimum 25 feet required), approximately 32 feet from the
west (rear) property line (minimum 30 feet required), and between 25 and 33 feet
from the side property lines(minimum 15 feet required). In addition, the site has an
existing 7 foot tall concrete block wall along the west property line, abutting R2
(Duplex) zoned properties. The plan also depicts the installation of a new 11-foot
by 11-foot pergola in the center courtyard area, with benches beneath. A covered
bike rack is depicted at the southeast corner of the expanded building.
Building Height: The building elevations (Sheet A-7) indicate the highest point of the structure would
be the top of the parapet element at the front of the new building additions,
measuring 23'- 6" in height. The typical roof height is proposed at 16', well below
the maximum of 45 feet allowed in the C4 zoning district, and comparable to
buildings in the immediate vicinity.
Design: The building additions are designed to match the existing structures on site,
including the parapet wall cornice treatment, arched relief wall impressions,
diamond shaped accent elements, smooth stucco finish, and paint colors.
According to the color rendering, the body paint color would be white, "Extra White"
— Sherwin-Williams 7006. The trim is proposed as a dark green, customized by
Sherwin-Williams to match the existing. This color is also utilized on the diamond
accents and the arched impressions on the building.
Public Art: The applicant has indicated they will pay into the Art in Public Places fund, rather
than place art on their site. The anticipated fee is $3,500.
Site Lighting: The photometric plans (Sheets A-6&A-8) propose a total of seven (7)freestanding
lights, consisting of a silver color aluminum pole and a slim-line LED light fixture by
U.S.Architectural Lighting, also silver in color, and mounted at 20 feet in height. In
addition, there are seven (7)wall mounted fixtures, matching the pole light fixture,
and mounted at 14 feet in height. The fixtures are all downcast type as required by
code, the light levels comply with the City requirement of a maximum allowance of
5.9 foot-candle spot readings, and the LED lighting is specified as "Warm White".
Signage: No new signage is anticipated. Should the applicant decide to add signage at a
later date, it will be reviewed for compliance with the City's sign code and
appropriateness with the site and building design.
RECOMMENDATION
The Development Application Review Team (DART) has reviewed this request for Major Site Plan
Modification approval and recommends approval contingent upon satisfying all comments indicated in
Exhibit"C"—Conditions of Approval. Any additional conditions recommended by the Board or required by
the City Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\403 NE 3rd Street Warehouse\MSPM 19-001\Staff Report.doc
Page 64 of 92
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EXHIBIT "C"
Conditions of Approval
Project Name: 403 NE 31d Street Warehouse
File number: MSPM 19-001
Reference: 31d review plans identified as a Maior Site Plan Modification with a November 21,
2018 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES
Comments:
1. At the time of permit submittal, please ensure the dumpster detail
includes a sewer drain connection to the sewer lateral.
FIRE
Comments: None, all previous comments addressed at DART meeting.
POLICE
Comments: None, all previous comments addressed at DART meeting.
BUILDING DIVISION
Comments:
2. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure
that additional comments may not be generated by the commission
and at permit review.
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
Page 78 of 92
403 NE 31d Street Warehouse (MSPM 19-001)
Conditions of Approval
Page 2 of 2
DEPARTMENTS INCLUDE REJECT
3. It is the applicant's responsibility to ensure that the application
requests are publicly advertised in accordance with Ordinance 04-
007 and Ordinance 05-004, and an affidavit with attachments
(ownership list, radius map, and copy of mailing labels) is required to
be provided to the City Clerk and Planning & Zoning one (1) week
prior to the first public hearing.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\403 NE 3rd Street Warehouse/MSPM19-001\COA.doc
Page 79 of 92
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 403 NE 31d Street Warehouse (MSPM 19-001)
APPLICANT: Jose Obeso, J.A.O. Architects & Planners
APPLICANT'S ADDRESS: 3100 NW Boca Raton Blvd., Suite 115, Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2019
APPROVAL SOUGHT: Request for Major Site Plan modification approval to construct a one-story
building addition consisting of 6,657 square feet, to an existing 10,865 square
foot warehouse complex, for a total of 17,722 square feet, and related site
improvements., in the C4 (General Commercial) zoning district.
LOCATION OF PROPERTY: 403 NE 3d Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
_ HAS
HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit "D"
with notation "Included."
4. The Applicant's request is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 above.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\403 NE 3rd Street WarehouseWSPM19-001\DO.doc
Page 80 of 92
7.7.E.
New Business
12/17/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 12/17/2018
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve modifications to
parking requirements (CDRV 19-001) -Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4.
Zoning, Article V. Minimum Off-Street Parking Requirements, Section 2.A. & B., to revise parking
requirements for residential uses, and modifications to shed requirements (CDRV 19-002)—Amending the
LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations, Section
3.E., to increase potential siting locations for permanent sheds and storage structures. City initiated.
EXPLANATION OF REQUEST:
The proposed parking amendments are an effort to continue to move the City towards a greener, more
sustainable environment. Staff is recommending these minor adjustments to the current regulations to
consider the automobile ownership characteristics unique to household types, including those with lower than
average incomes, development sustainability, and environmentally sensitive design, while maintaining what
staff believes is a reasonable and adequate parking requirement. The proposed revisions would create greater
opportunities for increased landscaping, and pervious area through the reduction in the amount of pavement
on residential sites. (See Attachment A for greater detail)
The proposed shed and storage structure amendments are designed to increase potential siting locations for
permanent sheds and storage structures on corner lots, which can present some difficulties, as a result of
large building setbacks from both street rights-of-way. This condition may result in limited back and side yards
for these accessory structures. The proposed regulations would allow the placement of sheds in a side corner
yard with certain limitations and safeguards. (See Attachment B for greater detail)
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: None recommended.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION: Yes
CLIMATE ACTION DISCUSSION: Natural Systems (NS-5): Assess existing codes to reduce the "heat
island effect" due to dark or asphalt surfaces.
Page 81 of 92
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Attachment Attachment A
D Attachment Attachment B
D Staff Report Staff Report
Page 82 of 92
ATTACHMENT "A"
Land Development Regulations, Chapter 4. Zoning, Article V. Minimum Off-Street Parking
Requirements:
Sec. 2. Standards.
A. General.
1. Rules and Methodology.
a. Parking space requirements shall be computed on the basis of the principal use of a structure or
lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of
this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by
all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms,
offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways.
b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space
requirements shall be computed separately for each principal use, unless stated otherwise in this
article. Where parking spaces are required in this article for each of several principal uses that commonly
occur together, this is done for the purpose of clarification only, and shall not limit the application of the
requirement contained in this paragraph.
c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist
separately from all other uses in the same structure or on the same lot, and would by itself generate
significant parking demand.
d. Where several principal uses exist in one (1) building or part of a building, and the floor area of
each principal use cannot be clearly delineated, the parking space requirement for the use requiring the
greatest number of parking spaces shall apply.
e. Where a use is not listed below, parking space requirements shall be determined by the City
Commission after review and recommendation by the Director of Planning and Zoning or designee.
f. Where the number of required parking spaces as computed includes a fraction, the number of
required parking spaces shall be the computed number rounded to the next highest whole number.
g. Except as provided in Section 3.E. below, there shall be provided, at the time of the erection of
any structure or establishment of any use, a number of off-street parking spaces in accordance with the
following minimum requirements, and subject to the parking requirements of this subsection. Where a
structure or use is enlarged or increased in capacity by any means, including a change in building
occupancy which requires the provision of additional parking spaces, or a change in use to or which
requires additional parking spaces,the minimum number of parking spaces shall be computed by applying
these requirements to the entire structure or use.
2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)
parking spaces shall be provided for any non-residential use.
3. Location of Off-Street Parking Areas.
Page 83 of 92
a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the
dwelling to be served.
b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the
owner of the building or lot to be served, and shall be located on the same lot, or not more than three
hundred (300)feet distance, unless the property is located within those areas defined within the adaptive
re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may
be leased within three hundred (300) feet of the use in which they serve, subject to Board and City
Commission approval, and the property shall be posted with signage indicating to patrons the location of
the leased parking.
4. Driveways and other impervious surfaces within front or side yards of single- and two-family
dwelling units.
a. Applicability. The requirements of this section are applicable to new construction projects,
modifications that increase air-conditioned living space and/or number of bedrooms, and requests for a
Certificate of Use.
b. Driveways shall be constructed of concrete, asphalt, or other hard-surface as approved by the
City Engineer. Where possible, design and construction should maximize the alhede reflective properties
and minimize the heat island effect of such improvements. Also where possible, tandem parking design
defined as the arrangement of two parking spaces placed one behind the other,is encouraged to minimize
impervious surface area and maximize the environmental design of the project.
c. Such surfaces shall not exceed 40%of the minimum front yard area.
5. Tandem parking for multi-family developments.Tandem parking spaces maybe counted as meeting
the parking requirements in multi-family developments only in such instances where the tandem spaces
are assigned to the same dwelling unit.The number and location of the tandem parking spaces are subiect
to review and approval of the Planning&Zoning Director.
B. Table 4-17. Residential and Lodging Uses.
Residential and Lodging Uses Standard Number of Required Parking Spaces
Building area size is based upon gross floor area (in square feet) unless specifically expressed
otherwise.
Single-family, duplex dwelling, or mobile home: x1,2
Efficiency or one (1)-bedroom apartment: 1.5-1,2,3
Within Mixed Use Core district: 1.333
Two (2) or more bedroom apartment: 2-1-2,3
Page 84 of 92
Within Mixed Use Core district: 1.662,3
Dormitories: 1 per unit
Hotel & motel suite: 1.25 per unit6
Within Mixed Use Core district: 1 per unit
Group home (types 1 and 2): 21,2
Group home (type 3) 1 per 3 beds
Bed & breakfast: 12,4
Live/work unit: 1 per 2 units5
1 A. For construction of a new single-family or two-family structure, A a minimum of two (2) spaces are
required per unit, or 1 space per bedroom, whichever is greatest. An exception may be made when the
house is constructed for individuals meeting purchase or eligibility requirements that include maximum
income thresholds, then a maximum of 2 parking spaces shall be required per dwelling unit. For those
structures with five (5) or more bedrooms, the required parking greater than four (4) spaces would be
noted on the permit drawings, labeled as a future parking space and sited and designed to conform to
City standards. This provision would establish how the additional space(s) can be accommodated if
needed in the future, to prevent overflow of vehicles onto the lawn areas or the public right-of-way.
Exeept that dwelliRgs with S er PAP-re bedreepns -;;re FeqUiFed 1.9 spaees peF -hed-Fee-PA. ThiS FeqUiFepAeRt
B. For expansions to existing single-family or two-family structures that increase the number of
bedrooms,only the new bedrooms are required to provide additional parking in compliance with footnote
I.A. above. At a minimum, no less than two (2) parking spaces shall be provided for each dwelling unit.
C. For single-family or two-family structures that require a change in use or occupancy, and/or a
certificate of use and business tax receipt, a minimum of two (2) spaces are required per unit, or 1 space
per bedroom, whichever is greatest.
D. For new single-family subdivisions or planned developments with attached or detached single-family
dwellings, a detailed iustification may be submitted for review during the development review process
requesting exemption from these regulations, which demonstrate, through recognized professional
parking studies or parking analyses of similar projects constructed by the developer or other similar
proiects constructed within the City,that a lesser parking requirement is warranted.
2 Residential driveways can be used to satisfy, or partially satisfy the parking space requirements for
single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,
provided such driveways are of sufficient size to meet the parking space requirements of this
subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate
Page 85 of 92
of occupancy. If garages are used towards meeting minimum parking requirements, said garages shall
remain open and available for vehicle parking consistent with the design represented at time of approval.
For all required parking spaces not located within an enclosed garage,the first parking space shall be the
minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other
required spaces must be dimensioned in accordance with current city standards. All driveways shall be
setback at least two(2)feet from interior side and corner side property lines, and maintained and drained
so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any
expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in
accordance with the procedures specified in Chapter 2, Article II, Section 5.B.; however, any driveway
expansion (or similar impervious surface)that is equal to or greater than eight hundred (800) square feet
shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section
3. Any work,such as a driveway, proposed within the swale(right-of-way)shall require a permit from the
Engineering Division in accordance with the procedures specified in Chapter 2,Article III, Section 4.
3 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting
of three (3)or more dwelling units.
4 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or
owner and one (1) parking space for each guest unit. Newly created parking may be located only in the
rear and side yard.
5 In addition to the required parking for the residential unit, the city requires that one (1) parking space
per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this
requirement shall be located on the lot, built into or under the structure, or within three hundred (300)
feet of the unit in which the use is located. The distance shall be a straight line measurement from a point
on the boundary line of the property of the subject unit to the closest boundary line of the property on
which the parking is located. Parking provided to accommodate said space, including driveways of
adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's
residential use.
6 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking at a
rate of fifty percent(50%)of the requirement of a standalone operation.
Page 86 of 92
ATTACHMENT "B"
LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental
Regulations
Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities,
Excluding Walls and Fences.
E. Sheds and Storage Containers.
1. Permanent Sheds and Storage Structures. Permanent sheds and storage structures may be
designed either attached (to) or detached from the principal building, and shall comply with the
following regulations:
a. Location and Size.
(1) Sheds and storage structures shall not be allowed within the required front or corner side
yards, including forward of the front or side corner building lines;, except as follows:
(a) In order to provide relief for those properties with restricted development footprint as a
result of providing two(2)front setbacks from abutting rights-of-way,a shed or storage structure
that is one hundred (100) square feet or less may be placed in a side corner yard, provided it is
setback a minimum of twelve and one-half(12.5)feet from the side corner property line, and no
closer than twenty-five (25) feet from the front property line. A maximum of one (1) shed may
be permitted within this reduced setback. Please refer to Section 3.E.1.c. below for proper
screening requirements;
(2) Sheds and storage structures that are one hundred (100) square feet or less shall be setback
at least three (3) feet from the rear and interior side property lines. The maximum height of any
shed or storage structure shall be eight (8) feet for flat roofs or a mean height of nine (9) feet for
sloped roofs;
(3) Sheds and storage structures greater than one hundred (100) square feet or in excess of the
height restriction of subparagraph E.1.a.(2) above shall comply with the minimum setbacks
required for the principal building. The maximum allowable height of the shed or storage structure
shall not exceed the zoning district regulations for which it is located or the roofline of the principal
building, whichever is more restrictive; and
(4) All attached sheds or storage structures shall have exterior access only; no access from within
the principal building is allowed.
b. Number of Structures. A lot may contain more than one (1) shed or storage structure; however,
any additional structure shall comply with the minimum setbacks required for the principal
building, regardless of size.
c. Screening.Sheds and storage structures shall be effectively screened with a wall,fence, landscape
material, or a combination thereof, installed at a height no less than one-half the height of the
shed or storage structure,where visible from an abutting property or right-of-way.
Page 87 of 92
d. Miscellaneous. See Section 3.E.2. below for additional regulations regarding the use of mobile
and temporary storage container units. Sheds and storage areas that are designed and used in
connection with fire escapes or unenclosed staircases shall be regulated in accordance with
Section 3.A.4. above.
2. Mobile and Temporary Storage Container Units. Mobile and temporary storage container units
shall only be allowed in residential zoning districts and must comply with the following
regulations:
a. Number of Units. Only one (1) mobile or temporary storage container unit may be allowed per
lot for a single-family or duplex home. A maximum of two (2) units may be allowed at any given
time within multi-family developments.
b. Location. Mobile or temporary storage container units shall not be located within rights-of-way
and must comply with the following location criteria:
(1) Single-family or Duplex Homes. The units shall only be allowed within the required front or
corner side yards if placed on a driveway or other hard surfaced area, and setback at least five
(5) feet from any property line. The unit shall not be allowed within the required rear and side
interior yard, or the space allotted for the principal building.
(2) Multi-family Developments:
(a) The location of units shall be restricted to guest parking spaces or other designated overflow
parking areas;
(b) The location of the units shall not interfere with any emergency or service vehicle operations;
(c) The units shall be setback at least five (5)feet from all property lines;
(d) The units shall not be placed in tandem with each other within one (1) parking space; and
(e) The units shall not be stacked on top of each other.
c. Dimensions. The size of a mobile or temporary storage container unit shall not exceed the
following dimensions:
(1) Maximum width of eight(8) feet;
(2) Maximum depth of sixteen (16) feet;
(3) Maximum height of eight (8)feet; and
(4) Maximum floor area of one hundred twenty-eight (128) square feet.
d. Time Limit. The maximum time for a mobile or temporary storage container unit to remain on a
property shall be forty-five (45) days.
e. Maintenance. The mobile or temporary storage container unit shall be maintained in good
condition, free from evidence of deterioration, rust, holes, or breaks. The unit shall be kept
locked when not in use.
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f. Prohibition of Hazardous Materials. The owner, supplier, or tenant shall ensure that no
hazardous substances shall be stored or kept in the mobile or temporary storage container unit.
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' DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 18-069
TO: Chair and Members
Planning& Development Board
FROM: Ed Breese
Planning and Zoning Administrator
DATE: December 10, 2018
RE: Approve modifications to parking requirements (CDRV 19-001) - Amending the
LAND DEVELOPMENT REGULATIONS, Chapter 4. Zoning, Article V.
Minimum Off-Street Parking Requirements, Section 2.A. & B., to revise parking
requirements for residential uses, and modifications to shed requirements (CDRV
19-002) — Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3.
Zoning, Article V. Supplemental Regulations, Section 3.E., to increase potential
siting locations for permanent sheds and storage structures.
EXPLANATION
Parking Amendments
In an effort to continue to move the City towards a greener, more sustainable environment, staff is
recommending to reduce the required parking standards for certain residential uses. The proposed
changes are based on the continued analysis of the City's minimum parking requirements applicable
to residential land uses, as started last year in conjunction with the first test of regulations (CDRV 17-
006) intended to address parking deficiencies documented in certain areas of the city and possibly
associated with overbuilt or expanded houses, group homes, vacation rentals, etc. Those regulations
resulted in revisions to the parking requirements to mandate a parking space be provided for each
bedroom of the dwelling unit, and for those dwelling units with five (5) or more bedrooms, 1.5
parking spaces per bedroom. The unintended impacts of increasing parking requirements for home
expansions and group homes, applied to all residential categories, has the consequences of adversely
impacting developments that may have lower than the typical vehicle ownership / parking demand.
These proposed minor adjustments to the current regulations are intended to consider the automobile
ownership characteristics unique to household types, including those with lower than average
incomes, development sustainability, and environmentally sensitive design, while maintaining what
staff believes is a reasonable and adequate parking requirement. The proposed revisions would create
greater opportunities for increased landscaping, and pervious area through the reduction in the
amount of pavement on residential sites. In essence, the proposed amendments would:
• Distinguish between, and create separate requirements for, 1) the construction of a new
single-family or two-family structure; 2) expansions to single-family or two-family
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Parking &Shed Amendments(CDRV 19-001 & 19-002)
Memo PZ No.18-069
structures which create additional bedrooms; 3) change of use and/or occupancy of single-
family or two-family structures, as well as those requiring a certificate of use and business
tax receipt; and 4) new single-family subdivisions or planned developments with attached
or detached single-family dwellings.
• Allow flexibility, facilitate cost savings, and support sustainable design by reducing
unneeded impervious surfaces.
• Remove multi-family developments from the previous regulations.
• Retain the language created under CDRV 17-006 which limited the amount of the front
yard that could be paved for parking purposes to 40%, thus preserving the amount of
greenspace.
The suggested parking amendments can be best described below:
1. Creation of four (4) categories of regulations for parking for single-family and two-family
structures as opposed to the one (1) scenario contained in Code Review 17-006.
2. The first category is for the construction of a new single-family or two-family structure, in
which parking required will be a minimum of two (2) parking spaces or one (1) per bedroom
whichever is greatest. For those structures with five (5) or more bedrooms, the required
parking greater than four (4) spaces would be noted on the permit drawings, labeled as a
future parking space, and sited and designed to conform to City standards. This provision
would establish how the additional space(s) can be accommodated if needed in the future, to
prevent overflow of vehicles onto lawn areas or the public right-of-way.
3. The second category is for expansions to single-family or two-family structures, in which
bedrooms are added. In this instance, only the new bedrooms are subject to providing
additional parking.
4. The third category is for existing single-family or two-family structures which undergo a
change in use or occupancy, or are required a certificate of use or business tax receipt. In
these instances, a minimum of two (2) parking spaces or one (1) per bedroom whichever is
greatest.
5. The fourth and last category is for new single-family subdivisions or planned developments
with attached or detached single-family dwellings. These typically larger developments may
submit a detailed justification through a parking study or analysis for staff review in
determination of the required parking ratio.
6. Additionally, as part of this amendment, multi-family developments are removed from these
same requirements adopted under CDRV 17-006
(see Attachment "A"for greater detail of the proposed amendments to the parking regulations).
Shed and Storage Structures Amendment
The locating of sheds on corner lots can present some difficulties, as a result of the builder
constructing the residence with large building setbacks from both street rights-of-way. This condition
may result in limited back and side yards for siting accessory structures such as sheds. In some
instances, property owners have subsequently constructed a screened porch, a patio, or a pool, and
have little or no useable yard due to the original construction of the house. The purpose of this
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Parking &Shed Amendments(CDRV 19-001 & 19-002)
Memo PZ No.18-069
suggested amendment is to eliminate the loss of useable yard characteristic of many corner lot
properties due to large setbacks.
(see Attachment `B"for greater detail of the proposed amendments associated with locating sheds
and storage structures).
CONCLUSION/RECOMMENDATION
Staff proposes these code amendments to in an effort to equitably impose parking requirements
across a variety of single-family and two-family home development scenarios, and to provide greater
options for placement of sheds and storage structures on corner lots.
Attachments
S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 19-001&19-002\StaffReport.doc
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