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Agenda 09-24-19 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, September 24, 2019 TIME: 6:30 PM PLACE: Intracoastal Park Clubhouse 2240 N. Federal Highway 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 4.A. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Approve request for New Site Plan (NWSP 19-002) to construct a one (1) story, 1,989 square foot professional office building and related site improvements on a 12,822 square foot vacant lot located at the northwest corner of NW 7th Court and Boynton Beach Boulevard. Applicant: Joni Brinkman of Urban Design Kilday Studios. 7.B. Approve BIRD Property Future Land Use Map amendment (LUAR 19-004) from the Palm Beach County's Industrial (IND) classification to the City's Industrial (1) classification. City-initiated. Approve BIRD Property Rezoning (LUAR 19-004) from the Palm Beach County's Light Industrial (IL) zoning district to the City's M-1 Light Industrial zoning district. City-initiated. 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 Page 1 of 40 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 40 4.4.A. Approval of Minutes 9/24/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/24/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 08-27-19 minutes Page 3 of 40 MINUTES a PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA MONDAY, AUGUST 27, 2019, 6:30 P.M. PRESENT: STAFF: David Katz, Chair Ed Breese, Principal & Zoning Administrator Trevor Rosecrans, Vice Chair Colin Groff, Assistant City Management Butch Buoni Ian Singer, City Attorney Will Hatcher Hanna Matras, Planner Floyd Zonenstein Amanda Bassiely, Planner II Golene Gordon, Alternate Jennifer Johnson, Prototype, Inc. Tim Litsch, Alternate ABSENT: Malcolm Gropper Chris Simon Chair Katz called the meeting to order at 6:31 p.m. 1. Pledge of Allegiance 2. Roll Call Roll was called, and it was determined a quorum was present. It was noted that Mr. Vogel is no longer an alternate; and Tim Litsch introduced himself as the new alternate. 3. Agenda Approval Upon motion duly made and seconded, the agenda was approved. 4. Approval of Minutes —None 5. Communications and Announcements: Report from Staff Mr. Breese referred to information before the Board on the Fourth Annual Planning Officials Training Workshop. Any interested Board members should email Mr. Breese so funding can be secured for attendance. Chair Katz, Mr. Hatcher, and Ms. Gordon volunteered to attend. Chair Katz asked Staff on the status of the Dalmater [phonetic]project;Mr. Breese said no permits have been submitted thus far; there have been meetings with various interested parties to redesign the project somewhat; and extensions have been granted by the State through April 25, 2022. The Ocean 1 project also does not have any permit applications on file, Phase 2 is being considered before Phase 1, and extension for a valid vested projected is through March 2, 2023. Page 4 of 40 Meeting Minutes Planning and Development Board Page 2 August 27, 2019 Chair Katz asked, in regards to the meeting in June on the Sustainability Ordinance, if this will have any effect on the Mall Project. The City Attorney said at the hearing for the Sustainability Guidelines that no; Mall applications were in in advance of the adoption of the Ordinance and would not be subject to it. However, Staff will work with the applicant to get as much of the sustainability guidelines worked into the project as possible. 6. Old Business —None 7. New Business 7.A. Approve request for abandonment of a portion of the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue, in connection with the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-001). Applicant: Michael Simon, CRA Executive Director. Mr. Breese provided the PowerPoint presentation (see attached). Staff has reviewed the matter and is in support,utility companies have no objections. Staff recommends approval of the request. Chair Katz opened the floor for public comments, there being none, continued with comments from the Board. Mr. Simon as about plans for development on the street; Mr. Breese said the CRA intends to construct a two-way street with sidewalk and on-street parking on both sides, if the design allows. Motion made by Mr. Simon, seconded by Mr. Buoni, to approve request for abandonment of a portion of the unimproved NE 3rd Street right-of-way,north of NE 9th Avenue, in connection with the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard(ABAN 19-001). In a voice vote, the motion passed unanimously (7-0). 7.13. Approve MLK Overlay and Use Matrix Revisions Part I (CDRV 19-006) -- Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article IL Definitions; (2) Chapter 2. Land Development Process, Article IL Planning and Zoning Division Services; (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlays, and Article IV. Use Regulations; and (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MLK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix, Residential and Lodging category. Applicant: City-initiated. Ms. Bassiely stated this item is another amendment to the LDR Code to help align the Land Use Regulations with the CRA Plan and accomplish other clean-ups. Ms. Bassiely explained the Page 5 of 40 Meeting Minutes Planning and Development Board Page 3 August 27, 2019 following: (1) Clean-up of revisions and mistakes in previous versions; (2) Update of the MLK Overlay; (3) First of a series of provisions that will come before the Board; (4) Update of the definitions related to previous cleanups. Chair Katz opened the floor to public comment: • Susan Oyer, 140 SE 27th Way, had some questions: o Does this allow for hotels, are any expected? Ms. Bassiely said the revisions aren't specific to MLK, it is for all zoning districts across the board. o Will the trees be shade trees or the small Cathedral Oaks as shown in illustrations? Ms. Bassiely said canopy trees will be required unless there are limitations, e.g., overhead wires, etc. Ms. Oyer had additional questions on how trees would be utilized on MLK to discuss with Ms. Bassiely. o Exclusion of single family detached housing, citing the use of such housing in neighboring areas. Ms. Bassiely said in a specific boundary, they would not be allowed. The CRA plan actual underlying zoning district wouldn't allow them either because the land use is mixed-use and some areas are local retail commercial. Chair Katz added that the CRA is looking for density in this area which single- family homes would not provide; perhaps the CRA would be well-served if they looked to acquire the 35 or so Palm Beach County Housing Authority lots that are in the HOB to build single-family homes on those, to which Ms. Oyer agreed. Ms. Bassiely noted that existing single-family homes are not rendered non-conforming and are permitted to stay. This language is for redevelopment. o Would existing homes be allowed to add detached home or convert a garage into a living space? Ms. Bassiely said, no, not in a single-family zone, adding there is a staff group meeting on affordable housing issues and these items are being discussed. Chair Katz closed the floor to public comment. Mr. Simon asked about depth of sidewalk issues. Ms. Bassiely said the purpose of the overlays is to be assured of a consistent streetscape, which wouldn't matter whether it is mixed use or local retail commercial. Mr. Simon next wondered what would fall under the purview for outdoor dining; Ms. Bassiely said this has been a recent topic for consideration, stating the five foot allowance is a minimum, and a new restaurant going in can go deeper, to a maximum of fifteen feet. A discussion on previously built, mixed use development ensued. Motion made by Mr. Rosecrans, seconded by Mr. Hatcher, to approve MLK Overlay and Use Matrix Revisions Part I (CDRV 19-006) -- Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article IL Definitions; (2) Chapter 2. Land Development Process, Article IL Planning and Zoning Division Services; (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlays, and Article IV. Use Regulations; and (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MLK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix, Residential and Lodging category. In a voice vote, the motion passed unanimously (7-0). Page 6 of 40 Meeting Minutes Planning and Development Board Page 4 August 27, 2019 7.C. Approve efficiency improvements to the Site Plan Review Process (CDRV 19- 007) --Amending the LAND DEVELOPMENT REGULATIONS Chapter 2.Land Development Process, Article IL Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process. Applicant: City-initiated. Ms. Bassiely stated this is an exciting and bigger project that the entire Department is working on. A new process called Development Process Review where all processes in four major categories will be streamlined for more efficient accessibility. In a PowerPoint presentation, the five parts of the first process, Site Plan Review, were explained. Chair Katz opened the floor to public comment: • Susan Oyer, 140 SE 27th Way, had some questions: o Objected to extensions for developers to have countless opportunities to continue indefinitely. Why does this continue to be allowed, holding up development? Mr. Breese first talked about the site plan time extensions, that a demonstration in good faith be given to move the project along that warrants a time extension. The City is preempted by the Governor's act which basically says any time an emergency is declared, more time can be added to permits, projects, etc., that could have been affected by the time extension. A discussion ensued on various exceptions and disagreements with the Governor's edict. Chair Katz closed the floor to public comment. Mr. Simon had questions on example of the two-story to four-story building, if only the third floor is being added, would it not require review? Ms. Bassiely said it would go through a different process, but must be in compliance with the Land Development Regulations. Mr. Rosecrans wondered if there was a contentious proposal and the developer decided to add another story, would the public be able to air their grievances. Ms. Bassiely said if the zoning regulations were met and had no adverse effect. A discussion followed on "work-around" exceptions on concepts, but height exceptions would require Commission approval. Mr. Breese said if there was any kind of approval originally associated with the plans, other than a straight site plan, it would need to go back through the process. A few hypotheticals were discussed to test the statement. Mr. Groff said this question has been looked at in order to anticipate someone trying to take shortcuts. Two things that would affect this, first, if it was a contentious project going through and it received a site plan, that means it has a potential for adverse effects. The Staff would put it back through the process. Second, if it is controversial, it would only be allowed to go through one time and the particulars for avoiding such loopholes were explained. Either way, it would have to go back through the process. An additional discussion on hypotheticals ensued. Chair Katz did disclose that he has had discussions with Staff on some of these items. Page 7 of 40 Meeting Minutes Planning and Development Board Page 5 August 27, 2019 Mr. Buoni asked about site plan modifications, specifically,who has the deciding factor on adverse effect on nearby property? What input does the public have? Ms. Bassiely said Staff would make that determination. Mr. Groff added it would be City Staff, and proceeded to explain the criteria Staff would follow in making said decisions; Staff does not do this in a vacuum, accepts input from the public, and would not want to approve something that is controversial. More discussion followed on hypothetical examples, with Ms. Bassiely giving specific answers on existing zoning ordinances, noting that some of these conversations are already happening in first part of the Development Process Review and falls under transparency and education. Motion made by Mr. Simon, seconded by Mr. Buoni, to approve efficiency improvements to the Site Plan Review Process (CDRV 19-007) -- Amending the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article IL Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process as described with a note to the City to seek solutions for public input or notification within the process of the applications. In a voice vote, the motion passed unanimously (7-0). 8. Other—None 9. Comments by Members Chair Katz wanted to reiterate that attendance at the City Planning Officials Training would be a good idea, citing past trainings as really helpful. 10. Adjournment Motion to adjourn was made by Mr. Buoni and seconded by Mr. Simon. The meeting was adjourned at 7:29 p.m. Attachments: Fourth Annual Planning Officials Training Workshop PowerPoint presentation NE 3rd Street Connection Realignment PowerPoint presentation on MLK Overlay and Use Matrix Revisions PowerPoint presentation Site Plan Review Process [Minutes prepared by M. Moore,Prototype,Inc.] Page 8 of 40 7.7.A. New Business 9/24/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/24/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for New Site Plan (NWSP 19-002) to construct a one (1) story, 1,989 square foot professional office building and related site improvements on a 12,822 square foot vacant lot located at the northwest corner of NW 7th Court and Boynton Beach Boulevard. Applicant: Joni Brinkman of Urban Design Kilday Studios. EXPLANATION OF REQUEST: The subject site is currently vacant. The parcel is zoned C-2 (Neighborhood Commercial) according to the Official Zoning Map of the City of Boynton Beach, and the Land Use designation is LRC (Local Retail Commercial) according to the Future Land Use Map of the City of Boynton Beach Comprehensive Plan. Additionally, the parcel has 73.97 feet of frontage along Boynton Beach Boulevard and a lot depth of 174.01 feet. Joni Brinkman of Urban Design Kilday Studios, representing Omar Shidadeh, is requesting New Site Plan approval to construct a 1,989 square foot one (1) story office building and related site improvements on a 12,822 square foot vacant lot. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity following site plan approval. Also, City staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for police and fire services. FISCAL IMPACT: Fees associated with permits and business tax as well as property taxes for the proposed site improvements. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 9 of 40 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A—Location Map D Drawings Exhibit B_Site Plan ® ®1 D Drawings Exhibit B_Boundary Survey D Drawings Exhibit letions®A3.01 AC D Drawings Exhibit B—Floor Plan ®A2.01 D Drawings Exhibit B_Landscape Plan ® LA®1 D Drawings Exhibit B_Paving, Grading and Drainage Plan - D®2 D Drawings Exhibit B_Water and Sewer Plan ® WS-1 D Drawings Exhibit B—Photometric Plan ® HM®1 D Conditions of Approval Conditions of Approval D Development Order Development Order Page 10 of 40 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-028 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner I DATE: September 10, 2019 PROJECT NAME/NO: OFS Office / NWSP 19-002 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Omar Shihadeh Applicant: Joni Brinkman, Urban Design Kilday Studios Location: NW Corner of Boynton Beach Boulevard and NW 7th Court(see Exhibit"A" — Location Map) Existing Land Use: Local Retail Commercial (LRC) Proposed Land Use: No change proposed Existing Zoning: Neighborhood Commercial (C2) Proposed Zoning: No change proposed Proposed Use: Request for New Site Plan approval to construct a one-story, 1,989 square foot professional office building and related site improvements. Acreage: 0.294 Acres (12,822 square feet) Adjacent Uses: North: Developed single-family properties with a Low Density Residential (LDR)future land use classification, and zoned Single-Family (R1A); South: Right-of-way of Boynton Beach Boulevard, then farther south developed multi- tenant commercial property with a Local Retail Commercial (LRC)future land use classification, and zoned Neighborhood Commercial (C2); East: Developed single-tenant commercial property with an existing office use Page 11 of 40 Staff Report—OFS Office (NWSP 19-002) Memorandum No PZ 19-028 Page 2 (Immigration Attorney, Richard A. Hujber, Esq.), and a Local Retail Commercial (LRC) future land use classification, and zoned Neighborhood Commercial (C2); and West: Developed multi-tenant commercial property with office and healthcare uses(Foot Health Center, SS&F Acquisition Corp and Adult& Pediatric Dermatology), with a Local Retail Commercial (LRC) future land use classification, and zoned Neighborhood Commercial (C2) PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The subject site is currently vacant.The parcel has 73.97 foot of frontage along Boynton Beach Boulevard and a lot depth of 174.01 feet. Joni Brinkman of Urban Design Kilday Studios, representing Omar Shidadeh, is requesting New Site Plan approval to construct a 1,989 square foot single-story office building on a 12,822 square foot vacant lot and related site improvements. ANALYSIS 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 was received from the traffic division indicating that development meets the Traffic Performance Standards (TPS) of Palm Beach County. 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. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for police and fire 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 SP1) shows that the proposed development will have one point of ingress/egress along N.W. 7th Court. The two-way driveway entrance is of sufficient width to allow safe and convenient traffic flow. Also, the entrance has been proposed as far as possible from the intersection. Page 12 of 40 Staff Report—OFS Office (NWSP 19-002) Memorandum No PZ 19-028 Page 3 Circulation: The proposed off-street parking area has been designed with an emphasis on safety, order and accessibility. According to the site plan (Sheet SP1), the project includes a 25 feet wide two-way drive aisle that would allow efficient traffic flow and vehicle maneuverability. Waste removal trucks will not be required to access the site, as rollout containers will be utilized for the office space with the containers placed out on the scheduled day of pickup.The Fire Department has reviewed the site circulation and is satisfied with the design. Parking: The site plan (Sheet SP1)depicts a proposed gross floor area of 1,989 square feet. Per code, properties used as business/ professional office use are required to provide 1 off-street parking space per 300 square feet of gross floor area. Additionally, code requires development projects with 25 parking spaces or less to include at least 1 handicap accessible parking space.The proposed development would be required to provide a minimum of 7 standard size parking spaces including 1 accessible handicap space. The site plan depicts the provision of 8 parking spaces on the north side of the property, which include 1 parking space designated for handicap use and an EV charging station.The handicap space has been proposed near the building to maximize proximity to the building entrance. The parking spaces have been reviewed and approved, including the size and location of the handicap space, by both the Engineering Division and Building Division. Furthermore, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: New construction is required to be buffered and screened appropriately along the interior side yard and rear yard lot lines with landscaping composed of native and drought resistant trees and hedges in order to reduce the impact on adjacent properties. The Landscape Plan (LA-1) shows that the project will meet buffer/ screening code requirements with the provision of a Suburban Landscape Buffer Type 1 along the interior side property line as it abuts a property with a similar use and zoning district, and Suburban Landscape Buffer Type 2 along the rear yard lot line as it abuts a single-family property zoned R1 (Single-Family). The proposed Type 1 Buffer consists of a 5 ft.wide landscape strip along the interior side lot line composed of drought resistant trees (Japanese Privet) and shrubs (Dwarf Fire Bush and Dwarf Podocarpus). The 5 ft. wide utility easement between the interior side lot line and landscape buffer will be planted with drought tolerant Perenial Peanut groundcover. The proposed Type 2 Landscape Buffer along the rear yard lot line is composed of two types of trees (Live Oak and Japanese Privet), a decorative masonry and stucco wall with two continuous hedges (Dwarf Fire Bush and Wild Coffee)on the inside of wall and 1 continuous hedge (Small-Leaf Clusia) on the outside of the wall facing the residential property.Additionally, a landscape strip along the NW 7th Court right-of-way has been integrated in the landscape design to further screen the off-street parking lot. The strip will be planted with two hedges composed of two colorful/flowering species of shrubs (Dwarf Red Taiwan Ixora and Compact Spicy Jatropha) and 3 Live Oak Trees. 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 L-1)indicates that 100% of the proposed plant material have a low to medium watering demand. The code also limits the use of sod to park and open space areas intended for passive or active recreation purposes or when required for drainage and Page 13 of 40 Staff Report—OFS Office (NWSP 19-002) Memorandum No PZ 19-028 Page 4 stormwater management(e.g., swales, retention, detention areas)when the use of other drought tolerant surface materials is not feasible. The plan indicates that a variety of drought tolerant groundcover will be used in lieu of sod. The swale area will be planted with Perennial Peanut ground cover.Also, a total of 18 trees will be planted throughout the site. In order to satisfy the number of canopy tree species required by code, 3 different types of drought tolerant species have been provided (Orange Geiger Tree, Japanese Privet and Live Oak). A pair of Orange Geiger trees have been proposed on each side of the entrance to satisfy the City's "Signature Tree" requirement. The applicant proposes the use of butterfly attracting plants such as Jatropha, Wild Coffee, Dwarf Firebush and Dwarf Ixora as part of their planting schedule. Building and Site: The project proposes a single-story structure with a flat roof/parapet, as well as a hip roof feature to emphasize the front entrance.The building complies with the C-2 zoning district building and site regulations.According to the Site Plan,the required and proposed setbacks are as follows: ProposedYard Required Setback (ft.) . . Front 30 30 corner 20 20 Interior 15 15 Rear 30 93.5 The floor plan (Sheet Al) indicates the total building footprint would be 1,989 square feet of professional office space with an open office design that may be kept as a single tenant or transformed into two tenants in the future. The building will have two swinging glass door entrances facing Boynton Beach Boulevard and a second pair of swinging glass door entrances facing NW 7th Court. Building Height: Per code, the maximum height allowed in the C2 zoning district is 25 feet. The building has been designed with a flat roof and parapet to screen roof-top mechanical equipment, as well as a hip roof feature at the front of the building.The building elevations (Sheet A3.01C)show that the hip roof is the highest point of the structure,which has a mean-roof height of 24 feet.Therefore,the building's height is below 25 feet, maximum height allowed in the C2 zoning district,and comparable to buildings in the immediate vicinity. Design: The form, architectural features, color pallet, size and height of the proposed building are compatible and in harmony with adjacent nearby buildings and neighborhood character. The ample use of facade articulation makes the building design aesthetically pleasing, visually attractive and interesting. The project architect used a combination of attached columns,wall scoring,decorative cornice and eyebrows. The building would be painted with 5 complementary colors. The building's base and body would be differentiated with two soft shades of gray (Mindful Gray and Repose Gray). The facade architectural features and accents (i.e. eyebrows, columns, cap, bands etc.) have been highlighted with Dorian Gray, Black Fox Gray, blue and white. The south building facade fronting Boynton Beach Boulevard has been enhanced by the provisions of taller walls and a hip roof Page 14 of 40 Staff Report—OFS Office (NWSP 19-002) Memorandum No PZ 19-028 Page 5 feature that exceeds the height of the flat roof parapet to provide vertical articulation. The rest of the building has a flat roof with a parapet. The flat roof will be covered with a white reflective surface to make the building design more sustainable and environmentally friendly as it is an effective method to cool the building by reflecting sunlight back into the atmosphere. Downspouts and gutters have been concealed by integrating them in the building's architecture as required by code. Public Art: The applicant is in communication with Debby Coles-Dobay, Public Arts Manager, in regards to the provision of an appropriate public art piece on site. Site Lighting: The photometric plan (Sheet PM-1) proposes a total of 2 light poles in the parking lot. One of the light poles will be located on the south side of the parking lot near the trash bins enclosure, and the second pole near the north side of the entrance. The light poles would be mounted at a height of 18 feet and support a shielded Viento Small LED light fixture by Extra Light LED Lighting Solutions. In addition, there are 2 proposed wall lantern light fixtures that would illuminate the front entrance area, as well as bollard light fixtures that would illuminate the walkway. The lighting levels proposed comply with the City requirement of a maximum allowance of 5.9 foot-candle spot readings. Signage: The allowable wall sign area for the proposed building is 58.5 square feet. The building elevations (A3.01 BW and A3.01 AC)depict three 18.94 square feet signs on the south, east and north building elevations.The proposed aggregate sign area (56.82 square feet)would be below the allowable sign area.A condition of approval will be included in the Development Order to ensure the wall sign on the north elevation facing residential properties is not illuminated. RECOMMENDATION The Development Application Review Team (DART)has reviewed this request for New Site Plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit"C"—Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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CL m � W S a � q n +a EvZ'.L'3ir"i A i +C� .' S i EXHIBIT C Conditions of Approval Project Name: OFS Office Building File number: NWSP 19-002 Reference: 2nd review plans identified as a Maior Site Plan Modification with an August 13th 2019 Planning and Zoning Department date stamp marking. ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: None. All previous comments addressed at DART meeting. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to X be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 2. Palm Beach County Palm Tran requested the applicant dedicate a 7' by 15' bus stop easement for a new covered bus stop shelter facing Boynton Beach Boulevard to be constructed and maintained by the property owner. Be advised that the design and architecture of the X structure should be compatible with the design of the principal building. Please revise all drawings to show the above requested information, and provide elevations and details of the structure. Page 25 of 40 OFS Office (NWSP 19-002) Conditions of Approval Page 2 of 2 3. Ensure the wall sign on the north elevation is not illuminated as it is facing residential properties. X COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS /COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\OFS Office Building\NWSP 19-002 COA-REVISED 9.16.19.doc Page 26 of 40 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: OFS Office Building (NWSP 19-002) APPLICANT: Joni Brinkman, Urban Design Kilday Studios APPLICANT'S ADDRESS: 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2019 APPROVAL SOUGHT: New Site Plan approval to construct a one (1) story, 1,989 sq. ft. professional office building and related site improvements on a 12,822 square foot vacant lot. LOCATION OF PROPERTY: Northwest corner of NW 7th Court and Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\OFS Office Building\NWSP 19-002 DO.doc Page 27 of 40 7.7.B. New Business 9/24/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/24/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve BIRD Property Future Land Use Map amendment(LUAR 19-004) from the Palm Beach County's Industrial (IND) classification to the City's Industrial (1) classification. City-initiated. Approve BIRD Property Rezoning (LUAR 19-004)from the Palm Beach County's Light Industrial (IL) zoning district to the City's M-1 Light Industrial zoning district. City-initiated. EXPLANATION OF REQUEST: The 1.89 acre site is currently developed with two small warehouses but predominantly used for an outdoor storage of boats, RVs and other motor vehicles. Prior to October of 2010, the site was one of the two parcels —the other being a Palm Beach County School District property—occupying a small Palm Beach County enclave. After the School District's parcel was annexed on October 5th, the City invoked regulations of Section 171.046, F.S., to execute an Interlocal Agreement (ILA) with Palm Beach County for the final elimination of the enclave through annexation of the subject property . Since the annexation was City-initiated, the land use amendment and rezoning did not have to be processed concurrently. The postponement was initially due to the interpretation of state statutes, requiring a property owner to connect an onsite sewage treatment system to a publicly owned sewerage system, if available. Presently, a connection to the City's sewer service is not deemed to be a requirement for the property's reclassification and rezoning from the County's to the City's future land use and zoning categories. The connection will be reconsidered upon application for site improvements in the future (none are currently planned). The Industrial (1) future land use classification, and the M-1 zoning district proposed for the property reflect the initial recommendations considered at the time of annexation and based on the following: • The subject request does not propose a change in the type of the future land use and zoning designations of the property as they would remain industrial; it would merely replace the existing County's industrial FLU classification and zoning with the corresponding City's industrial FLU and zoning. • The subject request is consistent with the City's strong position—set forth in the Comprehensive Plan—in support of retaining and, wherever possible, increasing industrially-designated land. The current use of the property is permitted in the proposed M-1 zoning district. Existing nonconformities, if any, will remain legal and only addressed in the context of future applications for site improvements. Staff considered alternative FLU and zoning designations for the subject site, consistent with the sourrounding properties. Both adjacent retail centers carry the Local Retail Commercial (LRC) classification; the zoning of the BJ's is Planned Commercial Develoment (clearly not an option here), while the Boynton Plaza is zoned C-3. The LRC FLU classiffication and C-3 zoning would mean downzoning of the property, Page 28 of 40 and making the existing use nonconforming. Moreover, the site's location and limited accessibility would restrict opportunities for commercial development. Potential land assembly with the post office property to the north may create such opportunites in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on programs or services FISCAL IMPACT: No fiscal impact ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff report D Location Map ExhibitA. Location Map D Location Map Exhibit C. Proposed Future Land Use D Location Map Exhibit B. Current Conditions D Location Map Exhibit D. Proposed Zoning Page 29 of 40 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-021 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: September 11, 2019 PROJECT: Bird Property LUAR 19-004 REQUEST: Approve the annexed BIRD Property Future Land Use Map Amendment from the Palm Beach County's Industrial (IND) classification to the City's Industrial (1) classification and Rezoning from the Palm Beach County's Light Industrial District (IL) to the City's M-1 Light Industrial District. City-initiated. PROJECT DESCRIPTION Property Owner: B B & R LLC Applicant: City-initiated Location: 125 NW 31 st Terrace South (Exhibit "A") Existing Land Use/ Zoning: Palm Beach County: Industrial (IND)/ Light Industrial District (IL) Proposed Land Use/ Zoning: Industrial (1)/ M-1 Light Industrial District Acreage: 1.89 acres Page 30 of 40 Page 2 BIRD Property LUAR 19-004 Adjacent Uses: North: U.S Postal Service facility, classified Public & Private Governmental/ Insitutional and zoned PU, Public Usage; South: Vacant parcel owned by School Board of Palm Beach County; farther south, Congress Middle School; both properties classified Low Density Residential (LDR) and zoned PU, Public Usage; East: Right-of-way for 31St Terrace; farther east developed commercial property (Boynton Plaza, anchored by Publix), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: Developed commercial property (BJ's Wholesale Club), classified Local Retail Commercial (LRC) and zoned PCD, Planned Commercial Development. BACKGROUND The 1.89 acre site is currently developed with two small warehouses but predominantly used for an outdoor storage of boats, RVs and other motor vehicles. Prior to October of 2010, the site was one of the two parcels—the other being a Palm Beach County School District property—occupying a small Palm Beach County enclave. After the School District's parcel was annexed on October 5t", the City invoked regulations of Section 171.046, F.S., to execute an Interlocal Agreement(ILA) with Palm Beach County for the final elimination of the enclave through annexation of the subject property . Since the annexation was City-initiated, the land use amendment and rezoning was not required to be processed concurrently and was postponed to a later date. Initially, the postponement was due to the City's interpretation of regulations included in Chapter 381.00655, F.S., pertaining to a property owner's obligation to connect onsite sewage treatment system to an available publicly owned sewerage system. The City's sewer service was available for connection prior to annexation, but the cost would have been, at that time, a significant financial burden on the owner who faced revenue losses in the aftermath of the"great recession." Presently, a connection to the City's sewer service is not a requirement for the property's reclassification and rezoning from the County's to the City's future land use and zoning categories. The connection will be reconsidered upon application for site improvements in the future(none are currently planned). The Industrial (1) future land use and the M-1 zoning district proposed for the property follow the initial recommendation considered at the time of annexation and stemming from the City's strong position in support of increasing the industrial land supply. 2 Page 31 of 40 Page 3 BIRD Property LUAR 19-004 REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject request does not propose a change in the type of the future land use and zoning designations of the property as they would remain industrial; it merely replaces the County's with the City's FLU category and zoning district. 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. Comprehensive Plan Retaining industrial FLU classification and industrial zoning on the site is consistent with the Comprehensive Plan policies. Starting in the year 2000, the City begin to loose industrial/heavy commercial land as the booming housing market supported numerous conversions of land with industrial and commercial designations to residential uses. Between 2000 and 2006, some 135 acres lost their industrial designation, not including Quantum, which retained the designation although a large percentage of its acreage has been converted to uses other than industrial. In 2014, in response to this trend, the City amended the Comprehensive Plan's Future Land Use Element by adding several policies promoting preservation and expansion of industrial lands to support employment opportunities and diversification of the tax base. These Policies included: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Policy 1.17.2 The City shall preserve industrial land for industrial and job-generating purposes, will work to ensure these sites are utilized to their full potential as development and redevelopment occurs, and will encourage private 3 Page 32 of 40 Page 4 BIRD Property LUAR 19-004 investment through targeted incentives. Policy 1.17.3 The City shall monitor the amount of land available for industrial/commercial development and, by the end of 2017, review the Future Land Use and Official Zoning maps for recommendations pertaining to current location and potential expansion of industrial and commercial districts. Policy 1.17.4 Future redevelopment plans for areas outside of the CRA shall ensure that any loss of land with industrial or general commercial designations through a recommended reclassification to other uses will be offset by expansion of such land in other locations. Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. Policy 1.17.7 The City shall restrict the non-industrial use of industrial lands to uses that are of a type, size and number so as to be complementary to industrial activities, and that do not deplete the supply of industrial land, and do not create potential land use conflicts with industrial activities. Land Development Regulations The current use of the property is permitted in the proposed M-1district. Existing nonconformities, if any, will remain legal and only addressed in the context of future applications for site improvements. 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. As stated in criterion "a," the subject request would merely replace the existing County's industrial future land use classification and zoning with the corresponding City's industrial FLU and zoning.Therefore—arguably—it would retain, rather than create, an isolated zoning district and land use classification. The land use pattern in adjacent and nearby areas is eclectic in that it incoporates large retail developments (BJ's and Boynton Plaza), institutional uses (postal service facility and the Congress Middle School), as well as a Stoneheven residential community. The school parcel adjacent to the property is currently vacant; in any case, given that the only access to the subject property is through 31St Terrace South, potential traffic generated by any future use should not be a major concern to the school. Moreover, projects would require adequate screening. 4 Page 33 of 40 Page 5 BIRD Property LUAR 19-004 Staff considered alternative FLU and zoning designations for the subject site, consistent with the sourrounding properties. Both adjacent retail centers carry the Local Retail Commercial (LRC) classification; the zoning of the BJ's is Planned Commercial Develoment (clearly not an option here), while the Boynton Plaza is zoned C-3. The LRC FLU classiffication and C-3 zoning would mean downzoning of the property, and making the existing use nonconforming. Moreover, the site's location and limited accessibility would restrict opportunities for commercial development. Potential land assembly with the post office property to the north may create such opportunites in the future. 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. N/A—the request does not meet any of the three sustainability criteria . d. 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. Availability of public services was reviewed at the time of annexation. The City provides water service to the property; the sanitary sewer service is not provided but readily available as the lift station for the sewer is located by the northeast corner of the property. The owners would be responsible for the on-site improvements for the connection. e. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See responses to criteria "a" and "c." The subject request would replace the County's industrial FLU and zoning designations with the corresponding City's industrial FLU classification and zoning district. The amendments are unlikely to affect property values in the surrounding area. g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic 5 Page 34 of 40 Page 6 BIRD Property LUAR 19-004 Development Program, but also determine whether the proposal would.- (1) ould.(1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The request aims at protecting industrially designated land (see response to criterion "b"). It does not affect intensity of development or decrease the number of uses with potential economic development benefits. 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) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See response to criterion "g" above. The proposed FLU amendment/rezoning retain industrial land. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The criterion does not apply. L Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. No plans for the property improvements have been submitted since the annexation approval. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and 6 Page 35 of 40 Page 7 BIRD Property LUAR 19-004 determined that the request is consistent with the policies of the Comprehensive Plan and meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Bird 31st Terr S\LUAR 19-004\LUAR 19-004 Bird Staff Report 6_27.docx 7 Page 36 of 40 EXHIBIT A SITE LOCATION MAP t r r - i r r 3 4 \ r km � S+ S 1 �li 1 if d t I� } 1'- I i t I �a t tx — i 0 0.0150.03 0.O6panp 9 EXHIBIT C BIRD PROPERTY: PROPOSED FLU r= .w r � T i �- � � (�(Il{ i lit___ ,. �� � ����r � �- _- � - � .. •_ {(( t LDR - 1 =_ Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL(LRC) INDUSTRIAL(1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) i 0 0.0150.03 0.06panp J� 9 ' S EXHIBIT B EXISTING SITE CONDITIONS f �}; lr i { 2,, bel a ti r 1 m 1 t V 1 k 1 0 0.0050.01 0.02 -0a03 Ribof 40 EXHIBIT D BIRD PROPERTY: PROPOSED ZONING nn , � I \ i til\ 1. \ \ \ r LEGEND R3 Multi Family, 11 du/ac � tv1 PUD Planned Unit Development C3 Community Commercial PCD Planned Commercial Developmentv Industrial v \ PU Public Usage v' i `i 0 0.0150.03 0.06pan�9 ' S