Agenda 08-27-19 CITY OF BOYNTON BEACH
4 PLANNING AND DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday,August 27, 2019 TIME: 6:30 PM
PLACE: Intracoastal Clubhouse Park 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 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.
7.B. Approve MILK Overlay and Use Matrix Revisions Part I (CDRV 19-006) - Amending the LAND
DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions;
(2) Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services; (3)
Chapter 3. Zoning, Article 111. 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 MILK 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.
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 11.
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.
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
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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 56
4.4.A.
Approval of Minutes
8/27/2019
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/27/2019
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 -28-19 P&D Minutes
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MINUTES
PLANNING AND DEVELOPMENT BOARD
COMMISSION CHAMBERS, CITY HALL
INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA
TUESDAY, MAY 28, 2019, 6:30 P.M.
PRESENT: STAFF:
David Katz, Chair Mike Rumpf, Director of Development
Trevor Rosecrans, Vice Chair James Cherof, City Attorney
Butch Buoni Rebecca Harvey, Sustainability Coordinator
Will Hatcher Christopher Roschek, Engineering Div. Manager
Chris Simon Amanda Bassiely, Planner II
Floyd Zonenstein Luis Bencosme, Planner I
Golene Gordon, Alternate Lisa Tayar, Prototype, Inc.
ABSENT:
Malcolm Gropper
Lucas Vogel, Alternate
Chair Katz called the meeting to order at 6:32 p.m.
1. Pledge of Allegiance
2. Roll Call
Roll was called, and it was determined a quorum was present.
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
Ms. Bassiely stated the City Commission approved the Harbor Cay set of applications (site plan,
master plan, rezoning, future land use) and the Taco Bell site plan and conditional use. City was
contacted by Palm Beach County Code of Ethics Training; Board needs to submit
acknowledgement forms.
Chair Katz noted on the Taco Bell approval that this Board approved the project but not the
conditional use. Then at the City Commission meeting City Attorney was asked by the
Commissioners about the legality of conditional use, and answered that the City does not have
"unbridled" conditional use. The question was, did the PDB do something wrong, or was the
Board within their purview to deny conditional use. Mr. Cherof was not sure of the motivation of
the Commissioners; the standard of the PRB is to conduct quasi-judicial hearings and make
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recommendations. Chair Katz felt Mr. Cherof s comments steered the Commissioners toward
worry of litigation because of the use of the phrase "unbridled discretion." Mr. Cherof said the
Commission had already had their discussion at the time of his comments and were ready to vote;
the PDB should listen for applicant's meeting of the Code criteria to have a project approved or
not,then others can point out why there may be a deviation from the code. Right or wrong, specific
conditions are up to the discretion of this Board.
6. Old Business —None
7. New Business
A. Approve request for Conditional Use and Major Site Plan Modification(CODS 19-001
/ MSPM 19-006) for 7-Eleven, Inc., to allow redevelopment for a new 2,540 sq. ft.
convenience store, a 3,096 sq. ft. gas station canopy composed of six(6)pump stations,
and related site amenities and improvements, on a 0.84 acre parcel located at 4798 N.
Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant:
Grant Distel, 7-Eleven, Inc.
Josh Long, Gunster Law Firm Project Planner, gave a presentation, along with representatives of
7-11 and Keith & Associates, Engineers. An overview of 7-11's campaign to change business
model and image world-wide was given. Highlights included an aerial view, site plan, existing
conditions, proposed site plan, and elevations. Removing the existing car wash will improve the
circulation, ingress and egress, eliminate parking area conflicts, stacking. These plans meet all
architectural regulations and the applicant has agreed with Staff recommendations and conditions
of approval.
Mr. Simon asked if the station will remain Mobil gas; the answer was yes, 7-11 teams with Mobil
and 7-11 owns the property.
Mr. Rosecrans wondered if the fuel tanks would be moved; Shane Laakso, Certified Planner with
Keith & Associates, said the tanks are being moved further north and out of the way so when the
tanks are refueled it is out of the way of traffic. Mr. Zonenstein asked about the capacity of the
tanks; Roger Posey, Creighton Development, said there will be two 20,000 gallon underground
storage tanks. Chair Katz wondered about environmental mediation from demolishing/moving the
tanks; Mr. Posey said their environmental company follows 7-11's policies which are more strict
than the State's processes, an assessment is done and submitted to the State for closure. Mr. Rumpf
added that there are certain aspects that are permitted locally, in conjunction with outside agency
reviews.
Chair Katz asked about the access off Hypoluxo which is often used as an entrance to the shopping
center. Mr. Long said the City had identified that as a conflict and that access will be closed; the
southern entrance will remain, but with the carwash removed, it will be an easier ingress.
There were no comments from the floor.
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Motion made by Mr. Rosecrans, seconded by Ms. Gordon, to approve request for Conditional Use
and Major Site Plan Modification (CODS 19-001 / MSPM 19-006) for 7-Eleven, Inc., to allow
redevelopment for a new 2,540 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy
composed of six (6) pump stations, and related site amenities and improvements, on a 0.84 acre
parcel located at 4798 N. Congress Avenue, in the C-3 (Community Commercial) zoning district,
subject to conditions of approval as laid out by the City. In a roll vote, the motion passed
unanimously (7-0).
Discussion: Chair Katz asked for clarification of conditional use; Mr. Bencosme said that gas
stations require conditional use for a C-3 zoning, even if it is an existing gas station.
B. Review the proposed Sustainable Development Standards
Ms. Bassiely and Ms. Harvey gave an overview of the draft form of the standards, followed by a
PowerPoint presentation by Ms. Harvey. This has been a collaboration between the Planning and
Sustainability Departments, with the following highlights:
• The City has been considering sustainability in planning since 2010 with the first Climate
Action Plan.
• Revision of Land Development Regulations (LDRs) as needed for policy and short-term
land development decision making.
• Govern the City by green or sustainable LDRs with different tiers of design criteria.
• Reviewed other Florida cities' LDRs for framework.
• Climate Action Plan integrates with other plans in the City (CRA's Community
Redevelopment Plan).
• Implementation Guide includes recommendation to review and amend the LDR.
• Greenhouse Gas Emissions are inventoried and reported annually (data from 2017 was
given). Currently revising the Climate Action Plan and setting new Greenhouse Gas
Emissions targets.
• Review of current standards:
o Comparing Boynton Beach codes on sustainability to other cities.
o Categorized current sustainable standards.
o Green Building Program provides incentives to developers.
o Establishes a green building fund to give back to community in form of rebates.
• Tiered point system ranges from 15-25 points, setting threshold for development.
• Certain City Projects are exempt(see presentation attached).
• Initial four items required of all developers:
o White roofs for flat designs.
o Warm white LED outdoor lighting.
o Landscape plan with minimum 5%butterfly-attracting shrubs and trees.
o Level 2 charging station for electric vehicles servicing two parking spaces for every
50 dwelling units; one per every fifty feet non-residential development.
• Required sustainability items, design options that can be chosen to utilize in specific
projects to add up to point totals:
o Energy.
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o Recycling and waste reduction.
o Water conservation and management.
o Urban nature.
o Transportation.
Ms. Harvey closed stating it is felt this is the right approach for Boynton Beach with the broad
array of sustainable options which can be made more stringent in the future as needed.
Ms. Gordon asked if the incentives come from the City or State. The Green Building Program is
separate; the requirements described above are required for all developments to meet these
standards. Green Building Program over and above the City incentives. There is a fee already
established for all construction permits with the money going into a community sustainability
funds for rebates and grants.
Mr. Simon needed further clarification. The best way to clarify City versus State is that the
programs are separate, not built one upon another, specifically for certifying buildings. If the
developer does not want to build green, there is still a small percentage fee (0.05% since 2011) of
the total construction value paid into the fund; however, the energy efficiency program and other
grants encourage builders to want to certify their buildings, hence the point thresholds being
discussed tonight.
Ms. Bassiely added that the Green Building Program is already in place, that there is a current fee
on all permits which funds the Green Building Program. It is an optional program, but what is
being discussed is not that. Sustainable Development Standards are required of all develops except
those that are expressly exempt. Based on the type of development, it is required to hit a certain
number of points within the menu items of points.
• Mr. Simon had several additional questions and suggestions:
o There was no mention of native plant material in the menu. Ms. Bassieley said it
is already within the Codes, an attempt was made to specify items not already
required by Code, which says "native or water-wise plants."
o Re: renewable energy, with solar panels, is the excess returned to power grid? By
default, any property owner who builds a system larger than needed, the excess
goes back to the grid per FPL/State policy.
o Day lighting, such as sky lights. May be in draft, Ms. Harvey will check on it.
o Suggested solar panels on parking garages.
o Would like to see a larger green wall square footage on certain buildings. Ms.
Bassiely said it is hard when creating menu options, which is why there is a tier
system for features such as this which would garner extra points. Discussion of
scenarios followed. Cost effectiveness is an issue as such walls require irrigation
and care, so are often treated as an artful feature. Smaller walls were considered.
• Mr. Rosecrans wondered if it might be a little too easy to obtain 15-25 points. Ms. Bassiely
related that several iterations of previous projects were studied and none of the met the
minimums, so the points systems was gauged to start low, making it possible to revisit the
criteria and revise upwards as needed (add options with different points or up the required
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points necessary). The system appears to be flexible and will work for the needs to the
different developers, so repetitive design should not be an issue. Many things are already
required by code (bike facilities, etc.), so things like canopy trees or something not in the
code are on the menu. There are no green roofs in Boynton Beach; some in South Florida,
perhaps, but there is the hurricane issues to consider. Discussion followed of local
examples of green roofs. Finally,if developers were consulted during the drafting of these
Standards; Ms. Bassiely said no, not proactively, but there have been discussions since the
draft was written.
• Mr. Simon wondered if there were recent developers who opted not to participate. Ms.
Bassiely said not recently, when looking at past-approved projects the current point system
was applied to them to get an idea where developments were coming based on this point
system. The methods used were then discussed. As to the associated costs for these menu
items, are the more expense features awarded higher valued points; Ms. Bassiely said items
vary drastically in costs, so different tiers of costs can be figured in. Also,to be considered
could be requiring lower-cost items and have options for higher cost items.
• Chair Katz had several points to make:
o Would like to see equal treatment of vehicles charging stations to handicap parking
spots. While it has nothing to do with sustainability, would like to see that both
receive appropriate consideration.
o Once codified,will these Standard affect projects already in progress? Ms.Bassiely
said no, once approved the standards would be applied going forward with new
projects. Chair Katz clarified that all the construction going on, Town Square
included, would not be affected and that would be a mistake to not hold the City's
construction to these standards. Ms. Bassiely said there is a requirement in the
Green Building Program that City buildings be built to the standards of the National
or Statewide green building rating system, and certification of the City-owned
properties and Town Square will be Green Grown Certified (a slightly different
standard, but still accountable).
o Would like to know more about skylights, where they would come into play and
why. Ms. Bassiely said this is more for commercial projects, such as malls, larger
buildings that can be offset by natural daylight.
o Recycling requirements for restaurants (straws and plastic items) are in effect, but
why not require restaurants to recycle other items like beer cans. Ms. Harvey said
there is another program, Green Business Recognition Program, for restaurants
which requires participation via a menu of items that can be chosen to suit the
particular business. Rewards are good press, marketing, press releases, window
decals, etc. However, these are more operational standards, not really geared
towards development.
o Regarding plants and trees, could the City initiate some kind of program with HOAs
and others to plant shade trees in wide open areas like meadows and large swale
areas? Ms. Harvey said the issue is being addressed through multiple programs,
this being one of them, to include canopy trees in new developments. The Green
Business Program will plant trees on private property to get qualifying points.
Partnering is encouraged to give away free plantings and trees to private residents.
The Climate Action Plan is being revised, and one of those sections is Urban
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Forestry, strategies and priority actions for addressing tree canopies are being
considered. Ms. Harvey will look into the role of trees in swales, there is room for
education on that issue, and it is being considered. As far as unplanted public areas
like existing parking lots, Ms. Harvey is looking to develop a full, City-wide
assessment of the urban tree canopy to identify those areas, map them, and target
priorities.
o Wondered why the sustainability fee less than the Art in Public Places fee?
Suggestion was that perhaps there is something to be done to encourage elected
officials to look at the sustainability fee and at least make it equal to the art fee.
Chair Katz opened the meeting for public comments.
• Susan Oyer, 140 SE 27t' Way, who sits on the Sustainability Action Team, had several
comments:
o How to address small business owners, do they have to do the same things as
corporate giants, do they have to hire landscape architects as some requirements
could be cost prohibitive. Could it be do-it-yourself? Ms. Bassiely said the
applicability section states that this does not apply to anything under 5,000 square
feet; if above that, there are lower thresholds depending on the size of the lot, so a
tier system has been built in to address affordability with landscaping. Some
discussion followed on requirements for landscape approval.
o Perhaps a slightly higher point value could be assigned for some items, such as the
green wall feature, giving more points if the size of the wall is increased in some
way. Discussion followed on how the point system works and that there is always
room for improvement.
o Will re-roofs count in these standards, as new insurance codes demand re-roofing
every 15 years, houses every 20 years. Ms. Bassiely said in the applicability
section, re-roofs are not included.
o The CRA used to help pay for paint jobs, do they still? Ms. Bassiely said there are
grants that help with that. To which Ms. Oyer suggested perhaps CRA should be
in on this because of the white roofs, buildings, highly reflective paints, to
incorporate into their grants.
The floor was closed to public comments.
• Mr. Simon stated that water and electric conservation are large items to consider, and it
would be beneficial to up the points on those menu items to encourage conservation. Based
on cost, consumption of electricity and water really must be taken into consideration. Ms.
Bassiely said it could be revised before going to City Commission for more emphasis on
that section.
• Mr. Rosecrans wondered what the timeline is going forward to implementation. Ms.
Bassiely said it is ready to go before City Commission once suggestions are incorporated
and returned to this Board for a motion to approve, or the draft can be brought back next
month.
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Consensus of this Board is to see a final draft before going to the City Commission. Ms. Bassiely
will go over the comments and take any additional suggestions to revise the draft for the next
meeting. Chair Katz said it is acceptable to have a special meeting to go over the new draft in
order to get these Standards before the Commission sooner.
C. Standards, Article I, Environmental Protection Standards, Section 4, Standards, to
create regulations requiring proper application of fertilizer to protect water bodies, and
amendments to Chapter 1, Article II, Definitions, to add corresponding definitions.
Applicant: City-initiated.
Chris Roschek gave a PowerPoint presentation and led discussion on over-fertilizing and ways to
maximize efficiency of fertilizers being used.
• There are regulatory drivers for adopting the ordinance, the Clean Water Act, the Florida
Impaired Waters Rule, EPA, Florida Statutes requiring local governments located within
watersheds of impaired bodies to adopt the Florida Friendly Fertilizer Ordinance.
• Background was given on the procedures in use and changes to be made to the Ordinance.
• Suggested amendments include prohibitions, fertilizer-free zones, and licensing of
commercial applications. (This would apply to commercial applicators and not impair or
affect any of the existing contracts the City has.)
• Exemptions under the Ordinance would be any properties that are bona fide farm
operations. Other properties would include pastures used for grazing livestock and lands
used for scientific research.
• Enforcement will be difficult, especially for private homeowners. The primary driver
would be education, including door hangers, inserts in utility bills, public meetings and
other outreach opportunities.
• Informative website: stormwaterandme.org
• Education of contractors.
• Provision of ordinance will be a means of enforcement through the Community Standards
Board.
• The EDP is driving this program; it is fine if the City does not adopt the ordinance, but it
is County- and State-wide.
• Nonetheless, there is a stiff fine if not adopted, so Staff recommends adoption.
Mr. Buoni noted that the Ordinance actually says, "any applicator," which means every person
that falls under any of the categories near the water. Enforcement will be a problem and could
become a quagmire. Mr. Roschek agreed, it is difficult to enforce as most of the residential work
is done over the weekends when Code Enforcement is not available. The education side is being
stressed more than the enforcement side at this time.
Mr. Simon addressed the use of organic/natural fertilizer and wondered if the City is prepared to
partner with local large-box stores to incentivize the sale of organic/natural fertilizers. Contractors
also buy from the large-box stores, using the chemicals that are otherwise banned to commercial
contractors. How can the State regulate and are the City grounds crews not covered? Mr. Roschek
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said the parks grounds and different facilities will be brought into compliance when contracts are
renewed.
Chair Katz asked about the"drop dead date" for adoption of the Ordinance. Mr. Roschek said the
end of the fiscal year, or September 30th. Chair Katz suggested it is best to educate rather than
enforce.
Motion made by Mr. Simon, seconded by Mr. Zonenstein, to approve the Standards, Article I,
Environmental Protection Standards, Section 4, Standards, to create regulations requiring proper
application of fertilizer to protect water bodies, and amendments to Chapter 1, Article II,
Definitions, to add corresponding definitions. In a voice vote, the motion passed unanimously
(7-0).
D. Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) -
Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General
Administration, Article II. Definitions, Article III. Relationship to Comprehensive
Plan, and Article IV. Redevelopment Plans; and (3) Chapter 3. Zoning, Article III.
Zoning Districts and Overlay Zones,to continue implementation of revisions related to
modification of the future land use categories and to other recommendations of the
Community Redevelopment Plan, including creation of the Cultural District and
Boynton Beach Boulevard Overlays. Applicant: City-initiated.
Ms. Bassiely explained the scope of the amendments are five-fold, the first two are to create
overlay districts over Boynton Beach Blvd. and the Cultural District; the third is to update the
MLK overlay (which already exists); the fourth and fifth are clean-up items, adding some
definitions used in the overlays that currently do not exist in the Code, and to be consistent with
the CRA plan. The overlay districts and proposed standards were described on the zoning map
and discussed.
Mr. Simon wondered about the reduction of setbacks. Ms. Bassiely said there is not actually a
reduction in setbacks; these are the build-to lines in mixed used districts, and described using the
diagram. A pedestrian zone will have to be factored into the plans, which will create an image of
a larger set-back. Mr. Simon asked about the overlay for the Cultural District boundary areas, the
district encompasses quite a lot of residential properties; is there an intent to eventually develop
that. Ms. Bassiely said yes, the District is quite small and more than two-thirds is already under
development; only the center parcels are left for redevelopment.
Mr. Rosecrans asked about usable open space definition. Ms. Bassiely read from the proposed
regulation and the language is on one of the slides (see attachment), explaining active uses: Active
or passive spaces designed as public spaces or purposes for gatherings, socialization such as plazas,
public plazas, gardens, dining, and/or private spaces for the primary use of residents, occupants of
the property. This would include private amenity space that is usable open space, open green
areas, plazas on urban corners, etc. Some districts have specific requirements; some of the space
could be used for sustainable points,but will have to do both. Permeable requirements are already
in the Code, but only in certain zoning districts (not in mixed-use).
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Motion made by Ms. Gordon, seconded by Mr. Zonenstein, to approve proposed code language
implementing CRA Plan-Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT
REGULATIONS: (1) Chapter 1. General Administration, Article II. Definitions, Article III.
Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (3) Chapter 3.
Zoning, Article III. Zoning Districts and Overlay Zones, to continue implementation of revisions
related to modification of the future land use categories and to other recommendations of the
Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach
Boulevard Overlays. In a voice vote, the motion passed unanimously (7-0).
8. Other—none.
9. Comments by Members
Chair Katz thanked the press for attending (Sun Sentinel reporter). Also, Chair Katz has attended
three of the planning seminars and found a glossary of planning related terms; a copy of the 15-
page glossary can be made through requests to Staff.
10. Adjournment
Upon motion duly made and seconded, the meeting was adjourned at 8:15 p.m.
Attachments: PowerPoint Presentation: Conditional Use and Major Site Plan Modification for
7-Eleven, Inc.,
PowerPoint Presentation: Proposed Sustainable Development Standards
PowerPoint Presentation: Environmental Protection Standards (Fertilizers)
PowerPoint Presentation: Proposed code language implementing CRA Plan-
Group 4
[Minutes prepared by M.Moore,Prototype,Inc.]
Page 12 of 56
7.7.A.
New Business
8/27/2019
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/27/2019
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: 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.
EXPLANATION OF REQUEST:
The CRA has acquired property along the west side of the current NE 3rd Street right-of-way, and a parcel
immediately north of the terminus of NE 3rd Street, in an effort to create an improved 50 foot wide street right-
of-way connecting NE 9th Avenue to Martin Luther King, Jr. Boulevard. The abandonment, in conjunction with
the dedication of land to the NE 3rd Street right-of-way, and ultimate construction of the road, will also provide
an improved street frontage for the proposed future location of the Community Caring Center.
On July 9, 2019, the City Commission, sitting as the CRA Board, approved an agenda item to dedicate CRA-
owned property for NE 3rd Street right-of-way and make application, and accept the abandonment of a
portion of the existing right-of-way. This will allow the right-of-way to be straightened and extended to Martin
Luther King, Jr. Boulevard. The small sliver portion of the right-of-way to be abandoned will be added to the
CRA-owned lots for the proposed development of the Community Caring Center project.
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:
CLIMATE ACTION DISCUSSION: N/A
Is this a grant?
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Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Staff Report
D Location Map Location Map
D Drawings Abandonment Legal Sketch
D Drawings Dedication Legal Sketch
D Conditions of Approval Conditions of Approval
D Development Order Development Order
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 19-023
TO: Chair and Members
Planning & Development Board
FROM: Ed Breese
Planning & Zoning Administrator
DATE: August 7, 2019
SUBJECT: Request for abandonment of a portion of the unimproved NE 3,d Street right-
of-way, north of NE 91h Avenue, and dedication of property from the
Community Redevelopment Agency (CRA) to realign and extend NE 3,d
Street from NE 91h Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-
001). Applicant: Michael Simon, CRA Executive Director.
NATURE OF REQUEST
Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency
(CRA), is requesting to abandon (ABAN 19-001)a small sliver of the unimproved NE 31d Street right-
of way, while simultaneously dedicating property to the City to create a fully-aligned right-of-way
connecting NE 91h Avenue to Martin Luther King, Jr. Boulevard (see attached Exhibits).
The following is a description of the zoning districts and land uses of the properties that surround the
subject abandonment request:
North: Developed commercial and residential property, and the vacant land
purchased by the CRA to straighten and extend NE 3 d Street through to
Martin Luther King, Jr. Boulevard, zoned R2 (Duplex);
South: Right-of-way for NE 91h Avenue, then farther south warehouse structures and
storage lot zoned M-1 (Industrial);
East: Vacant parcels owned by the CRA, zoned C2 (Neighborhood Commercial);
and:
West: The remainder of the NE 3 d Street right-of-way, then the land purchased by
the CRA to straighten and align NE 3 d Street, and father west vacant
residential properties, zoned R-2 (Duplex).
BACKGROUND
The CRA has acquired property along the west side of the current NE 31d Street right-of-way, and a
parcel immediately north of the terminus of NE 3 d Street, in an effort to create an improved 50 foot
wide street right-of-way connecting NE 91h Avenue to Martin Luther King, Jr. Boulevard. The
abandonment, in conjunction with the dedication of land to the NE 31d Street right-of-way, and
Page 15 of 56
Page 2
Memorandum No. PZ 19-023
ABAN 19-001
ultimate construction of the road, will also provide an improved street frontage for the proposed
home of the Community Caring Center.
On July 9, 2019, the City Commission, sitting as the CRA Board, approved an agenda item to
dedicate CRA owned property for NE 31d Street right-of-way and make application, and accept the
abandonment of a portion of the existing right-of-way. This will allow the right-of-way to be
straightened and extended to Martin Luther King, Jr. Boulevard. The small sliver portion of the right-
of-way to be abandoned will be added to the CRA owned lots for the proposed development of the
Community Caring Center project.
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and its
respective hearing dates. The applicant has certified that they posted signage and mailed notices in
accordance with Ordinance No. 04-007. A summary of the responses follows:
CITY DEPARTMENTS/DIVISIONS
Engineering No objection.
Public Works/Utilities No objection.
Planning and Zoning No objection.
PUBLIC UTILITY COMPANIES
Florida Power and Light No objection.
AT & T No objection.
Florida Public Utilities No objection.
Comcast No objection.
Sprint No objection.
MCI No objection.
Century Link No objection.
RECOMMENDATION
Based on the above-analysis, staff has determined that the subject abandonment, combined with
the proposed right-of-way dedication, and subsequent roadway construction, serves a greater public
purpose, and therefore recommends APPROVAL of the applicant's request, subject to the attached
conditions. Any conditions requested by the Planning and Development Board or required by the
Commission will be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\Staff Report.doc
Page 16 of 56
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Page 17 of 56
SKETCH AND LEGAL DESCRIPTION
A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY,
OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96
LEGAL DESCRIPTION:
A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO KNOWN AS NORTHEAST
3RD STREET), OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS
RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK
ADDITION TO BOYNTON FLA, THENCE RUN N00036'53"E A DISTANCE OF 147.57 FEET, TO
THE SOUTHWEST CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION, AS
RECORDED IN PLAT BOOK 11, PAGE 66; THENCE RUN ALONG THE SOUTH LINE OF SAID
LOT 4 S90000'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE INTERSECTION
OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN
BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN ALONG THE
SAID EASTERLY RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S0705315411W A
DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING;
SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING
0.032 ACRES, MORE OR LESS.
SURVEYOR'S NOTES:
1. BEARINGS SHOWN ARE REFERENCED TO THE SOUTH R/W LINE OF MARTIN LUTHER KING JR.
BOULEVARD, HAVING AN ASSUMED BEARING OF N90°00'00"E.
2. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA SURVEYOR AND MAPPER.
3. ALL RECORDING INFORMATION CONTAINED HEREIN REFERS TO THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, UNLESS OTHERWISE INDICATED.
4. THIS IS NOT A SURVEY. NO FIELDWORK WAS PERFORMED AT THIS TIME.
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER
5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATUTES, AND THAT SAID INSTRUMENT IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION.
Digitally signed by WILLIAM J
WRIGHT L.S.6868
Date:2019.05.19 09:53:58-04'00'
WILLIAM J. WRIGHT, PROFESSIONAL SURVEYOR AND MAPPER, L.S. 6868
WrightPSM, LLC CALE: 1"=30' DATE: 05/19/2019
PROFESSIONAL SURVEYING AND MAPPING
1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE
(772)538-1858 www.wrightpsm.com JOB NO. 18-0 2151 O F 2
CERTIFICATE OFALITHORIZATION NO.L.B.8186
rs �ooameIn ghlIIb,v,a-121 1� IF,I�,\,a-12saa«dw 1/11aos1111111
SKETCH AND LEGAL DESCRIPTION LL
0-
A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY,
OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96
I I I I o
O M
LOT 6 LOT 5 LOT 4
(P.B. 11, PG. 66) (P.B. 11, PG. 66) (P.B. 11, PG. 66)
SW CORNER S 0°00'00"E
LOT 4 O
50.00' 8.87_'50.00'
i 1
S. LINE LOT 4
LOT 159 JAN LOT 154
co� 3 W o
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LOT 157
w�w
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50.0 '(P) ►
P.O.B.
S.W. CORNER LOT 156
(P.B. 02, PG. 96)
t j —
NE 9TH AVENUE (POSTED)
SPRUCE STREET, 40' R/W (P)
WrightPSM, LLC CALE: 1"=30' DATE: 05/19/2019
PROFESSIONAL SURVEYING AND MAPPING
1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE
(772)538-1858 www.wrightpsm.com JOB N 0. 18-0215
2 0 F 2
CERTIFICATE OFALITHORIZATION NO.L.B.8186
\LF—,v--In ghlIIbI,a-121 1� IF,I�,\,a-12saa«dw 1/11aoss1a III
SKETCH AND LEGAL DESCRIPTION
LOT 5 OF ROBERT WELLS' SUBDIVISION, P.B. 11, PG. 66
AND A PORTION OF LOTS 157, 158, AND 159
OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96
LEGAL DESCRIPTION:
LOT 5 OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT BOOK 11, PAGE 66, AND
A PORTION OF LOTS 157, 158, AND 159, OF THE PLAT OF ARDEN PARK ADDITION TO
BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 157 OF THE SAID PLAT OF ARDEN PARK
ADDITION TO BOYNTON FLA, THENCE RUN N00036'53"E A DISTANCE OF 147.66 FEET, TO
THE SOUTHWEST CORNER OF LOT 5 OF SAID ROBERT WELLS' SUBDIVISION; THENCE
RUN ALONG THE WEST LINE OF SAID LOT 5 N01 025'00"W A DISTANCE OF 155.00 FEET, TO
A POINT ON THE SOUTH RIGHT OF WAY LINE OF MARTIN LUTHER KING BOULEVARD
(ALSO KNOWN AS NORTHEAST 10TH STREET); THENCE RUN ALONG THE SOUTH RIGHT
OF WAY LINE OF SAID MARTIN LUTHER KING JR BOULEVARD N90000'00"E A DISTANCE
OF 50.00 FEET; THENCE RUN ALONG THE EAST LINE OF SAID LOT 5 S01 02510011E A
DISTANCE OF 155.00 FEET; THENCE RUN N90000'00"W ALONG THE SOUTH LINE OF SAID
LOT 5 A DISTANCE OF 31.12 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH
LINE OF SAID LOT 5 WITH THE WEST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD
(ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN S07053'34"W ALONG THE
WEST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD A DISTANCE OF 149.06 FEET TO
THE POINT OF BEGINNING;
SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING
0.210 ACRES, MORE OR LESS.
SURVEYOR'S NOTES:
1. BEARINGS SHOWN ARE REFERENCED TO THE SOUTH R/W LINE OF MARTIN LUTHER KING JR.
BOULEVARD, HAVING AN ASSUMED BEARING OF N90°00'00"E.
2. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA SURVEYOR AND MAPPER.
3. ALL RECORDING INFORMATION CONTAINED HEREIN REFERS TO THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, UNLESS OTHERWISE INDICATED.
4. THIS IS NOT A SURVEY. NO FIELDWORK WAS PERFORMED AT THIS TIME.
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER
5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATUTES, AND THAT SAID INSTRUMENT IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION.
WILLIAM J. WRIGHT, PROFESSIONAL SURVEYOR AND MAPPER, L.S. 6868
WrightPSM, LLC CALE: 1"=50' DATE: 05/19/2019
PROFESSIONAL SURVEYING AND MAPPING
1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE
(772)538-1858 www.wrightpsm.com JOB NO. 18-02151 OF 2
CERTIFICATE OFALITHORIZATION NO.L.B.8186
rs �ooameIn ghlPIb,v,a-121 1� IF,I�,\,a-12saa«dw 1/11aosso,za„1
SKETCH AND LEGAL DESCRIPTION
0
LOT 5 OF ROBERT WELLS' SUBDIVISION, P.B. 11, PG. 66
AND A PORTION OF LOTS 157, 158, AND 159
OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96
0 0
o j
ori
MARTIN LUTHER KING JR. BLVD (POSTED)
0 (A.K.A. N.E. 10TH STREET) 50' R/W (PAVED) N
0 1
N _ _ 90'00'00"
z50.00' o 0
0 0
U) o
> S. R/W LINE PER DEED
r-,) (O.R. 29172, PG. 1071)
m O O (BASIS OF BEARINGS)
O O
CL6 ll�
U) _ LOT 6 - LOT 5 - LOT 4
J (P.B. 11, PG. 66) (P.B. 11, PG. 66) (P.B. 11, PG. 66)
J zi W
W
m O O
CL O O
Lo In
� N N
W
m O O
O z m
� S. LINE LOT
SW C RNER LOT 5
50.00' 50.00' 50.00'
131.11
Q
LOT 159 LOT 154
z io o N90'00'00"W 31.12'
Y 137.20' O _
z a I a AUSTRALIAN BLVD
m m (N.E. 3RD ST)
z LOT 158 w 3 w z LOT 155
0 o
Q
Qz m 0 co .10 c-, w
_O Q a N M Q
'- z N z 1
LOT 156
Q LOT 157 49.5
(c)
150.00' 50.0 '(P) — — —
P.O.B.
S.E. CORNER LOT 157
B. 92 PG. 96)
NE 9TH AVENUE (POSTED)
SPRUCE STREET, 40' R/W (P)
WrightPSM, LLC CALE: 1"=5C DATE: 05/19/2019
PROFESSIONAL SURVEYING AND MAPPING
1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE
(772)538-1858 www.wrightpsm.com JOB N 0. 18-0215 2 Q F 2
CERTIFICATE OFALITHORIZATION NO.L.B.8186
rs �ooameIn ghlIIb,v,a-121 1� IF,I�,\,a-12saa«dw 1/11/2111111111
EXHIBIT "C"
CONDITIONS OF APPROVAL
Project Name: CRA Abandonment 19-001 / NE 3,d Street Dedication
File number: ABAN 19-001
Reference: ABAN 19-001
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES
Comments: None.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments: None.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
Page 22 of 56
CRA Abandonment 19-001 /NE V Street Dedication
Conditions of Approval
Page 2 of 2
DEPARTMENTS INCLUDE I REJECT
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\COA.doc
Page 23 of 56
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: CRA Abandonment 19-001 / NE 3d Street Dedication
APPLICANT: Michael Simon, Executive Director Boynton Beach CRA
APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2019
APPROVAL SOUGHT: Request for abandonment of a portion of the unimproved NE 3rd Street right-
of-way, north of NE 9th Avenue, and dedication of property from the
Community Redevelopment Agency (CRA) to realign and extend NE 3rd
Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-
001).
LOCATION OF PROPERTY: Portion of NE 3rd Street north of NE 9th Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
_ HAS
HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit "C"
with notation "Included."
4. The Applicant's request is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 above.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\DO.doc
Page 24 of 56
7.7.B.
New Business
8/27/2019
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/27/2019
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve MILK Overlay and
Use Matrix Revisions Part I (CDRV 19-006) -Amending the LAND DEVELOPMENT REGULATIONS: (1)
Chapter 1. General Administration, Article 11. Definitions; (2) Chapter 2. Land Development Process, Article
11. Planning and Zoning Division Services; (3) Chapter 3. Zoning, Article 111. 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 MILK 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.
EXPLANATION OF REQUEST:
The Boynton Beach CRA Community Redevelopment Plan, adopted on October 4th, 2016, recommended
significant changes to the structure of the future land use (FLU) classifications, defined 6 (six) new CRA
districts and introduced district-specific design standards. Implementation began with amendments to the
City's Comprehensive Plan in 2017, followed by staffs comprehensive evaluation of the Land Development
Regulations (LDRs) and phasing-in comprehensive modifications.
The proposed amendments constitute the third revision of the LDRs, following the amendments adopted on
May 16, 2019, and would affect Chapters 1, 2, 3 and 4. The most pertinent proposed amendments include:
• Revisions to the Martin Luther King Jr. Boulevard Overlay to amend the definition, add a list of
prohibited uses, require commercial uses on the ground floor on the street frontage, and change the
off-street parking requirements;
• Revisions to the Use Matrix(Table 3-28), Residential and Lodging section, concentrating on the urban
mixed-use zoning districts to bring the matrix into consistency with the changes in city's vision
embedded in the redevelopment plan; and
• Modifications to the rezoning, and master and site plan regulations for planned zoning districts, o
create a more streamlined and flexible development process.
In addition, proposed amendments include modifications to the recently approved definitions of
"Active/Commercial Uses on Ground Floor" and to definitions pertaining to the different categories of lodging.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on either programs or
services
FISCAL IMPACT: No direct fiscal impact
ALTERNATIVES: None recommended
STRATEGIC PLAN:
Page 25 of 56
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 CDR! 19-006 Staff Report
D Amendment EXHIBITA. LDRAmendments
Page 26 of 56
' DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 19-024
TO: Chair and Members
Planning& Development Board
FROM: Hanna Matras
Senior Planner
THROUGH: Ed Breese
Planning and Zoning Administrator
DATE: August 14, 2019
RE: Approve proposed code language implementing MLK Overlay and Use Matrix
Revisions Part I (CDRV 19-006) - Amending the LAND DEVELOPMENT
REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions; (2)
Chapter 2. Land Development Process, Article II. 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. Applicant: City-initiated.
EXPLANATION
The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. The
Plan recommended significant changes to the structure of the future land use (FLU) classifications,
defined 6 (six) new CRA districts and introduced district-specific design standards. In 2017, the City
Comprehensive Plan was amended accordingly, and staff embarked on a comprehensive modifications
to the Land Development Regulations (LDRs). The extensive nature of these changes—they affect
nearly all chapters of the LDRs—forced the revisions to be processed incrementally.
The proposed amendments constitute the third revision of the LDRs, following the extensive
modifications adopted on May 16, 2019. The latter included changes to zoning definitions and related
site regulations, addition of two new overlays (for Cultural and Boynton Beach Boulevard districts)
and changes to the existing ones (Martin Luther King Jr. Boulevard and the Urban Commercial
District), as well as corrections to remove outstanding inconsistencies.
The proposed amendments (see Exhibit A) are summarized below:
Page 27 of 56
CRA Plan implement—Group 4 (CDRV 19-003)
Memo PZ No.19-016
• Chapter 1. General Administration, Article 11. Definitions. Proposed changes include
modifications to the recently approved definition of Active /Commercial Uses on Ground Floor
and to definitions pertaining to different categories of lodging. The latter modifications would
eliminate certain categories and simplify the remaining definitions.
• Chapter 2. Land Development Process, Article IL Planning and Zoning Division Services.
Proposed modifications to rezoning, master and site plan regulations for planned zoning districts
are designed to create a more streamlined and flexible development process.
• Chapter 3. Zoning
o Article III. Zoning Districts and Overlays. Proposed changes include:
■ Corrections to the recently adopted chapter's narrative and tables containing zoning
district-specific building and site regulations to eliminate overlooked discrepancies in
text and tables related to urban mixed-use zoning districts.
■ Additional modifications to the Martin Luther King Jr. Boulevard Overlay, supporting
anticipated redevelopment plans, including:
• revised locational definition;
• addition of the requirement for the Commercial Uses on The Ground Floor on the
boulevard's street frontage; and
• addition of a list of prohibited uses, similar to the other overlay districts.
o Article IV. Use Regulations. The proposed amendments constitute the first part of the planned
review of the Use Matrix(Table 3-28), covering its Residential and Lodging section and related
notes.Most of the revisions focus on urban mixed-use zoning districts, aiming to bring the matrix
into consistency with the changes in city's vision embedded in the redevelopment plan.
• Chapter 4. Site Development Standards, Article V. Minimum Off-Street Parking
Requirements. Proposed amendments would change the Martin Luther King Jr. Overlay's off-
street parking requirements, allowing for a fifty percent (50%) reduction for non-residential uses
only.
CONCLUSION/RECOMMENDATION
Staff proposes these code amendments to continue implementing the CRA Community Redevelopment
Plan and revising LDRs to support quality redevelopment and economic growth in the CRA and city-
wide.
Attachments
S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-006 MLK Overlay and Use Matrix revisions Part I\CDRV 19-006 MLK Overlay and Use Matrix Revisions
Part I Staff Report.doex
-2 -
Page
2 -
Page 28 of 56
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE II. DEFINITIONS
COMMERCIAL USES ON GROUND FLOOR-Miyie „s ;ee�st.;dh;f. ,,.>,a ffliy�edase zomag ,a;st+ietswill
MMERGIAL-USE by-ifteittdiRg rises serving the
general public such as retail,restaurants,bars, entertainment,personal services, and offices. 1;,,, o fk tm4s.
+may be
>._.
ACTIVE CjSES ON CROLjNQ l...00R-Resi en -on1v �����r1<F.._�ror�crl�[:�.c� Stac as I��t.mg1 �._Fvror�� c.��ror�ror���r�...rool is
and recreational SD.ac;c
HOTEL /. i i1j.din , Ej f�ljj n thereof E_ff�,j-j,jL [�..Yt"F�-ar jodggine, t�f tr�ansle i sFuestt.s. V iffi access to the emelt
__
Looms throa.gb the inside Its v, and accessory uses that i.nay include confference facilities. restaurants, bars, and
recreation. fitness anierlitjt s and retail.
�empor-ar-y lodging okr-aftsiem gae4s r-emed an a dmily bas"s and oeetipied for-less "it" Aq A-11-
/I
HOTEL, CONDOMINIUM See "Hete F..+eftd,,1 S+ ✓, " Ti t ,,�m `- �_m ;�tmlm �r1 F ------------------------------indi idul1v.
oAlk' 1e condoi.nirliuni gars ini.ended its be nia e a Dart_of_ v�t__hotmc l invento v_t��_ �_�_ented t� _t��_vaa l��__and
tfper rte m v_th m t_t_ I rot mtrl t<,enie ft.
o
I--, I Of—SW OW The +et:ffi shall iffeltAe,bH+shall He+be 1--ed —..Y F- 'ff
less+,haff a 441 year-E1Hr-iftg any giA,-eft year-bH+HE)+fteeessafily for-eEft f
leffSehOld Of fee 1401-104
1. Meal
,H&aally breakfftS�only,btA,'- high EtHal,'+-, A,'ftner d,/ft I,,-
aft r- and r-ooffl SeR",ee may also
1
Page 29 of 56
MOTEL -A btdldine, tit urollp of lodging nmallmodations forl-LIM "S'lent, �UICSLS, �Wlith �iuest
..................... .. ............... ............... ...........
roonis accessed individuallv fi rk i
,6, , ternal -�valk-�vays. tt ...
'(.)IYI Da 11,, �. _N, i A
.............................
te pfeve sleepiftg aeeeffiffiedatiefts r--
+Left f es.-eft+
L ft!ttff'+S Of R)OffiS, Whieli gefter-ally lia;,-e El-r-ee+aeeess +E) a paf4iffg !E)+, s+--ee+, Elr--N-e, eE)ttr-+L,patia-,
A4"-rUl AD ARTMENT A--+_1
fEw
LfffftSfeff+L gtteS+LS Oftly, a*d whieli shall Hot se, L"I F""'"'.Y Fl ffiafteff+fes deftee of the
ftee,dpaft�S. Bd,'IA,'RgS EjeS,gned aS fflft�ej ftpa4fflen�S Sliall e ft�ffiftre haft a
/I
,—+- e a ffiffffffittffi gross iqE)E)f-af-eft Of AN-e httffdfed SEtttftf-e fee+L.
2
Page 30 of 56
CHAPTER 2. LAND DEVELOPMENT PROCESS
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Sec. 2. Standard Applications
B. Comprehensive Plan Amendments.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a means for amending the
city's Comprehensive Plan in accordance with F.S. Chapter 163.
b. Authority. The City Commission has the authority to amend the Comprehensive Plan upon
compliance with the provisions of F.S. Chapter 163 and of this subsection. The City Commission has
designated itself as the Local Planning Agency (LPA) for the city.
c. Types of Amendments. Amendments to the Comprehensive Plan include text amendments and
site-specific amendments to the future land use map (FLUM).
2. Text Amendment. A text amendment to the Comprehensive Plan shall only be initiated by the
city.
3. Future Land Use Map (FLUM) Amendment.
a. General.
(1) The purpose of this subsection is to provide a means for changing the boundaries and/or
classifications of the FLUM through site-specific amendments to the Comprehensive Plan.
(2) A request for FLUM amendment f l f t�)_tcn),_-acres-or-fewer-shall be considered
eit4er-4a tes R ale &r small scale based on F.S. Chapter 163.
(4j) All privately initiated FLUM amendments shall be accompanied by an application to
rezone to a zoning district consistent with the requested FLUM classification. See Section 2.D. below
for the process by which lands are rezoned to a different zoning district.
D. Rezoning, Including Master Plan.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a means for changing the
zoning district boundaries or designations through site-specific amendments to the official zoning
map. It is not intended to relieve particular hardships or to confer special privileges or rights to any
person, but only to make necessary adjustments in response to or based upon changed conditions.
b. Authority. The City Commission has the authority to amend the official zoning map upon
compliance with the provisions of this subsection.
c. Initiation. Amendments to the official zoning map may be proposed by the owner(or agent) of
the affected land or city-initiated.
d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No application to
rezone lands may be submitted that would result in an inconsistency with the FLUM classification. See
Section 2.13.3. above for the process by which to amend the FLUM classification.
e. Rezoning to Planned Zoning Districts. A master plan,_leng Wifl-^ L e8fi-H rreri* 44if g a*
S.4e c--ati-m-1, shall be required when a privately-initiated application is made to
rezone lands to aplanned zoning district. A site lmmm� y Escsubmitted oi-ixxcttiv__ xt _lt . t _
City-initiated
rezoning can proceed in advance of the master plan/site plan submittal. The master plan shall be
3
Page 31 of 56
reviewed in accordance with Section 2.D.6. below. See Section 2.17. below for additional regulations
pertaining to the site plan application.
6. Master Plan.
a. General. The purpose of this subsection is to set forth well-defined application processes,
review criteria, and uniform procedures for the rezoning of lands to planned districts (as defined by
Chapter 1, Article II).
- b. Submittal Requirements. Lx.c t g, i- i 4 ti 4 2.� �; l w, the applicant is
required to complete the rezoning application (see Section I.D. above), i ' „ ing that Whi h p ,.t„;,'R *�
and provide all documentation required by
the respective application checklist.
��a single Site All
all Site PlaflS be StibMilted SifflUkafte0tiSly, PFOV.ided that th Site f)lafl "OF the 41:4 Phas is FepFesentative
„a i +;
c. Review Criteria. The master plan shall comply with the requirements of the respective zoning
district regulations of Chapter 3, Article III and site development standards described in Chapter 4. In
addition, the site plan shall be consistent with the master plan. See Section 2.17.3. below for the review
criteria of a site plan.
d. Approval Process. A privately-initiated request to rezone kand its accompanying master plan)
require review by the City Commission and shall be processed in accordance with Chapter 2, Article I,
Section 3.
_ e. Expiration. A master plan_
, shall remain valid
unless the corresponding site plan expires, -or if tic Sitaf lan is n. t_ad � tc�d wit irl 18 months f the
date ofthe master Wri a r vat m In these instances, the official zoning map retains the planned zoning
district designation, but the property does not possess a valid development order or development permit,
and no permits may be granted by the city on the subject property. The submittal and approval of w
feii-�— ��'����;� T�'���'� ; --ides a new or modified master plan, and era site plan
.iiia, „
application* as provided in Section 2.D.Le. above, shall be required in order to commence
development, redevelopment, or other site improvements.
f. Modification to Master Plan. Changes to master plans are either "minor" or "major" based on
criteria within this section. A pre-application conference with staff is a prerequisite to filing an
application for modification. The site plan must be consistent with the master plan; therefore, any
request to modify a master plan may require the submittal of a concurrent request for site plan
modification in accordance with Section 2.17.7. below. Staff shall consider the following factors in
determining whether the proposed master plan modification is considered "major":
(1) The modification increases or decreases the buildable square footage(intensity) or number
of dwelling units (density) by more than five percent (5%);
(2) The modification e4hei- adds ,,,-eliminates a point of ingress and egress;
(3) The modification reduces-,-&r ehaiiges +Lhe i eeft*fieri of the cumulative area f
c � tf�c required or provided open spaces" 43 4 5 and pedestrian plazas sl -I ihat i! diminishes
Env more_t�a��.�:c�c._ cz�c�mtt_(�`%�__�����4tes
the location f°such s a�g�,_or does not otherwise meet the intent of these Regulations;
4
Page 32 of 56
D _ ,1.,+;
n9
The modification alters the project so that the modified master plan does not resemble the
approved master plan;
(q6) The modification affects or does not comply with a condition of approval of the preceding
development order; and
(L-7) The modification is proposed to a city-owned or operated facility and does not adversely
impact adjacent properties and/or public lands.
g. Major Master Plan Modification.
(1) Submittal Requirements. See Section I.D. above for the submittal requirements of this
application.
(2) Review Criteria. The proposed master plan shall comply with the requirements of the
respective zoning district of Chapter 3, Article III, and the site development standards described in
Chapter 4.
(3) Approval Process. An application for major master plan modification requires review by
the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
O4 Expiration. � ija_ster ,?,1an shall remain valid unless the corr s� t�l_��lcu���_site_p l li ,�
P i................................................................................................................................................................................1�.........................�_................... .................,............
l`tle site ��lm�mlmtmc�_�mt��t_�t����t�cl ��itl� li l� iui�litl�� i�f`tl�� cl�t� i�f`t�� iu��t�l �1��� ����t�mt�mlm Tl,®,.® ;n ,,
+,o „f„ ,M master-,tela w,ed A;,.
(5) Miscellaneous. At the time the City Commission approves a request for a major master plan
modification, any previously approved master plan, including any conditions of approval, shall be null
and void. All future development shall be consistent with the master plan, as modified and approved by
the City Commission, including all corresponding conditions of approval.
h. Minor Master Plan Modification.
(1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s)
along with the master plan (in the number of copies specified by the Division). The applicant shall also
provide consent from the property owner to file an application for the minor master plan modification.
(2) Review Criteria. The proposed master plan shall comply with the following: 1) all
applicable conditions of approval of the preceding master plan; 2) requirements of the respective zoning
district of Chapter 3, Article III; and 3) the site development standards described in Chapter 4.
(3) Approval Process. The application shall be reviewed by staff and action will be taken by
the appropriate administrative official. Upon approval of a minor master plan modification, all future
development shall be consistent with the master plan, as modified, including all previously approved
conditions of approval associated with the master plan.
F. Site Plan, Including Time Extension and Modifications.
8. Miscellaneous.
a. Site plan review shall be required in conjunction with a master plan when rezoning lands to a
planned zoning district-,-e*e€p+as provided in Section 2.D.Le. See Section 2.D.6. above for additional
regulations pertaining to the rezoning process. In such instances, the site plan shall be consistent with
the master plan.
5
Page 33 of 56
CHAPTER 3. ZONING
ARTICLE III. ZONING DISTRICTS AND OVERLAYS
Sec. 1. Overview.
C. Non-Residential Building and Site Regulations (Table 3-2).
NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID RE PU
Density(dwelling units per acre): N/A N/A N/A N/A Flexible 12 N/A N/A
N/A N/A N/A
Project Area,Minimum(acres) N/A N/A N/A N/A N/A 311 N/A 2511 N/A N/A
Lot Area nit,Minimum(square feet): 9,000 5,000 15,000 5,000 15,000 Flexible 10,000 Flexible 41560 8,000
Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75
Lot Depth,Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A
Lot Coverage,Maximum: 40% 40% 40% 40% 75% 40%10 60% 60% N/A N/A
Floor-Area-Ratio(FAR),Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50
0.50 1.00
Structure Height,Maximum(feet): 309 25 45 45 45 45 45 45• 45 45
Building Setbacks,Minimum(feet)14:
Front 30 30 20 25 0 40 15 30 25 2513
Rear 20 20 202 205 206 40 203 30 25 2513
Interior side 10 15 01 155 0 30 154 20 25 1513
Corner side 10 20 r2o 155 87 30 15 30 25 1513
Building Setbacks,Minimum if abutting a
residential district(feet)14:
Rear 30 30 30 30 N/A N/A 30 N/A N/A 30
Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30
Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A
Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A
E. Mixed Use Urban Building and Site Regulations (Table 3-4).
MIXED USE,URBAN'-' '`°°°
MU-1 MU-2 MU-3 MU-4 MU-C
Lot Area,Minimum(acres):
Public park N/A N/A N/A N/A N/A
6
Page 34 of 56
All other uses 0.50 0.75 1 1 1
Lot Frontage,Minimum(ft.)' 100 1007 150 2007 200-'
Structure Ht.,Minimum(ft.) 30 30 30 45 45
Maximum Height(ft.)' 45 65 75 100 150/125'
Maximum Density(DUs/Acre)",12
20 40 50 60 80
Maximum F.A.R.11 1.0 2.0 3.0 4.0 4.0
Build-to-line(ft.)'
All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement'
Abutting a Local street 0' 0' 0' 0' 0'
Interior side 0' 0' 0' 0' 0'
Building Setback,Minimum(ft.)'
Rear abutting:
Residential single-family 255/05.6 255 255 255 255
Intracoastal waterway 255 255 255 255 255
Side abutting
Residential single-family 255/05.6 255 255 255 255
Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5% 1% 2%
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. MiniH4,,•'4••4'A ty /50 feet, i age ;s ai4 a ealleeter,"E)eal eallee�af FE) Rrav r�l�',"411 1_[ `it-s IIlu t f", 1 IC_C1mcl_tivo t. .d
i1C ,Ci i1 ;I(Pub,+ of \ya%,`�l'IC�-11 must it al'. l'I L11111I[ rrupC C lot f'mouitage
3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five
(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where adjacent to a single-
family zoning district where necessary to achieve the compatibility requirements of these regulations.Height bonus may be
granted through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU
or residential zoning district not separated by a right-of-way.
5. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet.
6. Where there is an intervening right-of-way of at least forty(40)feet.
7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with
providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is
necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,
which determines the mini117tai i,width and design of the PZ.Exee *f_..444 r,o,.,.4awi4 P;s4 4 ..,�The minimum PZ
.14.14;H4i,.,-,D'Z:.. .,11 0444-Efi-_ lets iF 16 4's- �.
s 4 4)IT113'ml`Pm--41�-C lim-m-� 111 3C X16 rLCsL)-a fiv%( - 1----- --Ii� `sC
rim C re i de -yr ` ec i'} 1 i"scurb Y' Ci i'Y 41 i' ' S OE }•
d� :1.11I� .ill= l tf4�111 Cliff L.16, 41 ts1 ufL. 41; P'ata, 41,1f4� ., t11_l iI .Ica�ltalat� d -� tc---�l��t--i-I .. :IC t�_
avid sid-Mv lk (10 Coot wide sid-Mv lk i licui 1ccted� itllili Ole Dmv,,-am ,i District, as d-1fi,,1d by Ole CCotynaninity
Rcdcycj�l1.YL t Area Pla i) f- _ l'om obstractio is mic Rt d 7'om C 1" uIC 1fi of `t n s 1 id 3 1'----I 4 IC 48 141ot
\vidc active amla,IlsC:1 Ui' l 1;41117 11 11-Mi' lk, 1"He PZ 44)111134 rl mi[s may.va'� 1,, ],at c om rq orda 41r1 .-oui sit--`4+-y6til
C1i
E qui=--mr-it s. See Section 5.C.2.below for additional relief provisions from build-to line requirements.
8. Locally registered historic structures are not required to meet these standards.
9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas
or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations.
10. Projects within the DoyN-,ntoyN,l C'ra,,his-0rignted Ucvelow i teDsiC-3t ciouAi )�^�^' &-shall have
minimum densities as follows:MU-1 -e4etift r1( --2 twenty stir (28 5 ,MU-3- thirty api�i (-4435),,MU-4
,MU
-f'ort-,41ifty-five(�4, 5) and MU-C-sixt-46fly(4460)dwellings per acre. (except 44a- H4;'-;H4fi 4 Ele psi+, of O
ca a�ricf-ai�lies ��efs located wy:-f-r -44e efi4ea�„f:,.
11. Projects within the Ucvelotim ,te_Dist District is-C-3t tc�ioui Ai-ca)* ^ r:f e@+ shall have a
minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0).4Keept Oat 4+4n4 *H
1 ._Maximum FAR for MU-3 may be
increased to 3.5 if abutting property with the Mixed Use High future land use classification.
12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)may
be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through
participation in the City's Workforce Housing Program.
11. Mixed use p cats-v ithin urban i.ni x cd talc zcrinu districts-vi[1 1,ne t �Ftc�tar�d j1g� t C C�I�CMERC� A USE
flta�tcror�c tt t tcltadttt<, i roriror� _ m-tmlmt_scs_sgwing th =Fc-nCral_fjjm miC Such as_r tail restaurants. bars.
c, ticrt tittrr�c tt,_, ct c t tl ct i c e t td c ftficc e lit, dt, tt t tiv_ c1y1nF at.n rt�t��:`�._such a.s. It�tang � <Fvromt�m�e ct rom.nt n
recons, and recreat on SDaccs_niavm e_included_in addi_ti��tmtmmto the above �ases_mbut shal_Imtmot__fulmfill the cozy nerc alm
rctf t:aircrot�ctie
14. Residential- �tiv tart 'acts -; iihin MU-1, MU-2, and ��U-3 zcrtinu districts located-, iffiin the Federal
I liuhav District and the k lean of Bovnton District, its defined lav the C otynnt:ni v Redev lc pronent Area Plan,-, ill
requirement tc�tdc� tt l r ct.i.nect ACTIVE LLSF �� uSin< dLI1st - �ro allm
t
cit F QFc Iyith--t-h---e-sttcct.an ..l�im���c��_t�c_i l�lortuTnty.:fmot__i_ntmeraction. Such fineaLUITS nimav_ e_coni ined_-;vi_ffi
tQlldltcr tUt9cTtl[:Ic tQcY t lou csVUt9 cf Ut9Ut9f Tt 3f f Vt9 t�td 3cc3c t[:If Tt lac f Tt tYc cs3fltVrld floor
3'
(Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 14-009,passed 7-1-14; Am.
Ord. 15-006,passed 3-2-15; Am. Ord. 16-023,passed 1-3-17; Am. Ord. 17-023,passed 9-19-17)
8
Page 36 of 56
Sec. 2. Residential Districts.
H. IPUD Infill Planned Unit Development District.
3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the
entire IPUD development.
BUILDING/SITE REGULATIONS
IPUD District
Minimum project area: None
Maximum project area: Less than 5 acres
Minimum lot frontage Flexibles
Minimum perimeter yard setbacks:
Front: Flexible
Rear: Flexible
Interior side: Flexible
Corner side: Flexible
Maximum lot coverage: 50%
Minimum usable open space(per dwelling unit): 200 square feet
Maximum structure height: 45 feet3
Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot
area for each unit. Pursuant to Chapter 3,Article IV, Section 3.13.,a marina use shall require a minimum lot frontage of one
hundred fifty(150)feet and a minimum average width of two hundred(200)feet.
2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family
residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the IPUD
shall resemble the setbacks of the adjacent development based upon the orientation of structures with said
development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building
height in excess of thirty(30)feet. If vegetation,screening,or other barriers and/or creative design on the perimeter of an
IPUD achieve compatibility with adjacent uses,the city may grant some relief from the aforementioned requirement. A
structure shall be considered to be on the perimeter if there is no intervening building between it and the property
line. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or
applicable recorri mendation from the respective development plan.
3 A lesser building height maybe required for compatibility with adjacent development. See Note 42 above for additional
setback requirements relative to building height.
9
Page 37 of 56
Sec. 5. Mixed-Use (Urban) Districts.
A. General.
3. Location and General Use Requirements.
a. General. The mixed use(urban) districts are intended for projects that promote sustainable
design with respect to land use, energy conservation, resource management, and social equity. Rezoning
to any of these districts is encouraged for proposed development or redevelopment on lands that are in
close proximity to existing infrastructure,public and alternative transportation routes and modes,
employment centers, community areas, or have sustained or are complicated by environmental
contamination.
The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95,
where a mixture of uses and building intensities is intended to implement the CRA Community
Redevelopment Plan and urban design guidelines including goals involving compact design, transit-
oriented development, employment,population, transportation, housing,public facilities, and
environmental quality. Permitted uses and associated standards for development vary between the
zoning districts each reflecting the importance of the district's location and relationship to the
downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part,
the intended vision as established within the CRA Community Redevelopment Plan for each of the six
planning districts, while ensuring land use compatibility. A master plan as a whole, comprised of
individual buildings and parcels, would be reviewed for compliance with the requirements below
pertaining to a residential component to the project, .Acfr e5_and Cc-ommercial uses on the first floor of a
proj ect.
b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3).
(1) In order to complement the revitalization efforts in the downtown area, these zoning
districts shall be applied to lands consistent with the Comprehensive Plan Future Land Use Map and
CRA Community Redevelopment Plan. See the Community Redevelopment Plan for specific
recommendations on locations and boundaries.
(2) These MU districts are appropriate for low- to mid-rise developments that provide for
medium density residential and low to medium intensity commercial and office uses.
(3) The review of these applications will emphasize compactness, aesthetics and design quality,
and physical compatibility with adjacent land uses.
(4) Except where limited by Table 3-22 in Chapter 3, Article III, Section S.C., all new
developments within the MU-1 and MU-2 districts that contain a non-residential use shall front on
streets designated as "arterial", or"collector", roadways on the Functional Classification of Roadways
Map. All projects within the MU-3 district proposed within the transit core must contain a residential
component, and all projects proposed within these Mixed Use intensity districts that front on an arterial
road must have space on the first floor devoted to Ce-ommercial or A-active uses.
(5) Maximum height may be further limited in certain geographic areas to further applicable
redevelopment plans and maintain compatibility with an abutting single-family district.
c. Mixed Use-4 (MU-4).
(1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as mixed use-high
(MXH) on the future land use map as recommended by the Community Redevelopment Plan.
(2) The MU-4 district is appropriate for high density/intensity development intended for
designated nodes. Such developments shall include a mix of uses designed in a compact vertical style.
Developments proposed within the Downtown Transit-Oriented Development District (the Station Area)
must contain a residential component and have space on the first floor devoted to commercial uses for
those portions of the project having frontage along a collector Glee . ^..entre or an arterial road.
(3) All new developments within this district shall front on streets designated as "arterial"
roadways on the Functional Classification of Roadways Map.
10
Page 38 of 56
d. Rezoning of single-family districts. All requests to rezone any single-family residential district
to a mixed use zoning district shall be subject to the following additional requirements:
(1) Height, density and intensity of development shall be consistent with the CRA
Redevelopment Plan for the applicable district;,
(2) Ratio of lot frontage to depth that is no more than one(1) foot (frontage) to one and one-
quarter (1.25) foot (depth);
(3) Vehicular access to the property located to minimize impacts on adjacent single-family
developments and meet safety standards; and
(4) Landscape barriers provided, in accordance with the landscape regulations of this Code,
where the rezoned property abuts single-family residential zoning.
e. Mixed Use Core(MU-C).
(1) The Mixed Use C (MU-C) district shall only be applied to lands classified as mixed use-
high (MX-H) on the future land use map.
(2) The MU-C district is appropriate for high density/intensity development intended for the
downtown area. Such developments shall include a mix of uses designed in a compact vertical
style. Developments proposed within the Downtown Transit-Oriented Development District (the Station
Area) must contain a residential component and have space on the first floor devoted to commercial uses
for those portions of the project having frontage along a collector leen i A..eiit o or an arterial road.
(3) All new developments within this district shall front on streets designated as "arterial"
roadways on the Functional Classification of Roadways Map.
f. Rezoning of single-family districts. All requests to rezone any single-family residential district
to a mixed use zoning district shall be subject to the following additional requirements:
(1) Height, density and intensity of development based on the standards indicated in Table 3-
22;
(2) Ratio of lot frontage to depth that is no more than one(1) foot (frontage) to one and one-
quarter (1.25) foot (depth);
(3) Vehicular access to the property located to minimize impacts on adjacent single-family
developments and meet safety standards; and
(4) Landscape barriers provided, in accordance with the landscape regulations of this Code,
where the rezoned property abuts single-family residential zoning.
B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D.
C. Building and Site Regulations.
1. Building and Site Regulation Table 3-22).
-MIXED USE,URBAN 1334
MU-1 MU-2 MU-3 MU-4 MU-C
(Overlay regulations may apply.See Section 8 below.)
Lot Area,Minimum(acres):
Public park: N/A N/A N/A N/A N/A
All other uses: 0.50 0.75 1 1 1
Lot Frontage,Minimum(ft.)' 100 100= 150 200 200
Structure Ht.,Minimum(ft.) 30 30 30 45 45
Maximum Height(ft.)' 55 65 75 100 150/1254
Maximum Density(DUs/Acre)",12
20 40 50 60 80
Maximum F.A.R.11 2.5 3.0 3.0 4.0 4.0
Build-to-line(ft.)':
11
Page 39 of 56
All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement'
Abutting a Local street 0' 0' 0' 0' 0'
Interior side 0' 0' 0' 0' 0'
Building Setbacks,Minimum(ft.)':
Rear abutting
Residential single-family 255/05,6 255 255 255 255
Intracoastal waterway 25 25 25 25 25
Side abutting
Residential single-family: 255/05,6 255 255 255 255
Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5% 1% 2%
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. Project sit-Is must fi�C1iIL C1iJ ClY'C1 +, I'�[ x�ynr ��"Ig .,1,,id Must' a - 'I I1I--1-1-1-t--U---R---T-I-)--t--e--d---- C1C1tCc
3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five
(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where adjacent to a single-
family zoning district where necessary to achieve the compatibility requirements of these regulations.Maximum heights may
be increased in the DTODD through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU
or residential zoning district not separated by a right-of-way.
5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet.
6. Where there is an intervening right-of-way of at least forty(40)feet.
7. Buildings and structures shall be located no farther than zero(0)feet from the property line, except in conjunction with
providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is
necessary to provide for required"Pedestrian Zone" (PZ).Building placement is a factor of roadway type and CRA district,
which determines the minimum width and design of the PZ.The minimum PZ is comprised of three components: 1)a five(5)
foot wide street tree area,measured from the back of the curb,or future curb on roads requiring a right-of-way dedication,2)
an eight 8 foot wide sidewalk l0 fLTI�-N - �,i� -N-tl y�lmn to tt-- y j0 iui i Uc�yy,�toyN-,, Dist is t �s dfoI'd b-,
Fhe Cozynantn itv Rede eloptyient-/ rea Maui),free from obstructions,measured from the centerline of street trees,and 3)an
eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order only on sites
with conflicting right-of-way regulations. See Section 5.C.2.below for additional relief provisions from build-to line
requirements.
8. Listed eligible historic structures are not required to meet these standards.
9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas
or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations.
10. Projects within the DoyN-,ntoyN,l C'ra�his-0rignced Ucvelowiig,fit-Dist is t is LS- t tc�ioui An at * ^+^'� &-shall have
minimum densities as follows:MU-1 -ek,,e�Lfi 11 gn (j 5 MU-2--twenty-ix,c X28),MU-3-�thirty-tide(35-44),MU-4
- fo rt -five 1��, (x.544)and MU-C six:ty4+ty 6049)dwellings per acre. (eKcep�44a� :...... .4--i— f,fl"€T,4T T
ca a�ricf-applies ``Ff-jeefs lacatccw41-44—44e ei44e a�afiaffea-11.
11. Projects within the DoyN-,ntoyN,l C'ra�his-0rignced Ucvelowiig,fit-Dist is t is LS- t tc�ioui An at * ^ ,4&@+ shall have a
minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0). IeK_ep*44a*in-.._........
12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)may
be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through
participation in the City's Workforce Housing Program....
12
Page 40 of 56
13,.�Mixed�usl.-C I I
jSx..Is-�,vithin urban ivrix(,,d use t-ground floor COMMERC I A 1- USE
mLtvireiment b coiannercial uses sci.xingthe general pu liC Such as retail_restaurants bars
............... ...............
entertainment, p�e.i. ---
:so. nal sei.wices. and offices. Rest dent-on1v servim� aimenities Such a",-] UVIMScolfflifflo
, n
--------------------------- ..........................................................................--------------------------------------------------------- --—-----------------------------
rooims, and recreatjon SDaces imav be included in addition to the above uses, but shall not fulfill the colannercial
.......................................................................................................................................................................................................................................................................
LU,
14..R(es�siideni.i,a�il-on�INL4?1. cts -�vithin MU-1. MU-2. and MU-3 zoni districts located-Within the Federal
-j-��jg MY
--------------------------------------------- ----------------------------------------------------------------------I
I i LFh-�vav 1)i stri c"i an"d
" 'd th c I I-e an.--o-f B-- oyn-ton--1)i sli'r-c as-defin-e d--by-th e--C oi,-y-i-i,n-un-i tv R-- -e d --e ve-lomment-Area- -PI-an ,--�v ill
imeet ACTIVE LL�F requireiment by using desiUn feal.Lll.-CS—inC]LtdlijM_.,5!.i.-ce -fi-on !J-at
----------------------------------------------------------------------------------- --------
Lt�w, to erg g�,
�jglc,,_jyith the strect interaction. Such featUITS imay be coimbined-�vith
..............................................................................................................................................................
hbu i 1,_di n as oun 5,
-�qi ------J---------- conrii.non rooims. and recr ,WnD -jLaccs on the Lj:.ound floor
--------------------------- .............................
13
Page 41 of 56
See. 8. Overlay Zones
A. Martin Luther King Jr. Boulevard Overlay
1. Intent. This overlay identifies a segment of the Martin Luther King Jr. Boulevard as an
opportunity for redevelopment and revitalization. The ultimate design and site standards of this section
are intended to create a traditional street corridor with pedestrian improvements, storefronts along the
sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage
and building appearance,potted landscaping, store windows and public open spaces. This overlay is
also appropriate for development of small properties to allow for consistency with the vision represented
by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater
redevelopment occurs using the respective mixed use zoning district. All development within the Martin
Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated
below.
2. Defined. The Martin Luther King Jr. Boulevard Overlay (MLKBO)is hereby established as the
area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard
and west of the railroad right-of-way, along with those parcels adjacent to the north and south-44h€-R€
if assembled and developed as a unified project. Also included
in the Qverlay are the �g �el� ��ttl� commercial uunderl * L ����LTLL located between Nle 9"' Avenue and
1...................................................................................................................................----Y �...........................�_............................................................................................................................................................---
1tlE 11"' Avenue, -
3. Use(s). °c�� � eil lre � � tie tx �u �d l'1��xl� ll Eye xc cxed �f::f..t�ctxcct fxtf�t ..tl.
Nfl..X. Jr, Boulevard.
a, Uses shall be determined by the u�_f�lcflycf_�4t zoning district sec "Use 1luatrix 'Fable `f..28"
in °� t xm . m mx c l _ m4' _ tc� _ml y t. the eXce t[011 Of`the f oll�����c�_��:-.Px
1 wg liriLgl- . a-m ly (detached)
Automobile Rental
Automotive, N4ii1gL&pa_h-
Auto/C a Wash Self -ex v e Bay
Auto Dealer. New
Aute Dealer ler lysed
Aute/Car W'as (Polishii ftIT atm mcmm�to t mcmlcm�';1.
Automotive "Tirtdt Ti�4ti�4�/�t�f�
Drive-thru facilities
Gasoline Station
t x ay� c ml ic_ mm lml l m e aJJd V
Adult entertainment
b, Ai-tv ot-1 auto-m-o cl oi ce tt d us s_ tot listed a;b-o-e ,t_e_ xt211J_t_c1d_
f <<��c���.4�'�'obi'le 4 e te use"" shall e �4���'st-gee a a c��'si-ess which ,as � i -s�..tpal
citonsits oyf� E�uildi�� ._i�l��...t�? fejt xe Which.:is
desc pied fo an automobile suer a dr eve th u facilities.
C_ f car Wox1_ units_alc D_C1-M tt dl E_ut 1 tt t front N4 1-K Jr, Boulevard and do not--------------------------------------------------------------
x•c�.uix•ed �°����,��,c�•ci�l l r�c� ����� t�x���u��cl f'1����x�.
d. Additionally no IeL�allv_existh'H4 use shall be deemed n ort conForm4t xc�ult ofthe
1lul.,l FX) re ul tions.
14
Page 42 of 56
i
4. Building and Site Regulations. Development within this overlay shall be in accordance with
building and site regulations applicable to the underlying zoning district except as follows:
a. Parcels that have frontage along Martin Luther King Jr. Boulevard, Seacrest Boulevard, or NE
3,d tx-cct shall provide for the required "Pedestrian Zone" (PZ). The minimum PZ is
comprised of three components: 1) a five (5) foot wide street tree area, measured from the back
of the curb, or future curb on roads requiring a right-of-way dedication, 2) an eight(8) foot
wide sidewalk, free from obstructions, measured from the centerline of street trees, and 3) an
eight(8) foot wide active area, measured from the sidewalk. The PZ components may vary in
placement order only on sites with conflicting right-of-way regulations. See Section 5.C.2.
below for additional relief provisions from build-to line requirements.
b. Notwithstanding the required build-to line and pedestrian zone requirements,portions of
buildings and structures may be constructed in excess of the distance specified above, but not
to exceed 15 feet when necessary to 1) optimize landscape design; 2) maximize on-site
drainage solutions; 3) accommodate architectural features and building enhancements; and/or
4) to otherwise enhance public spaces such as sidewalks,plazas, fountains, or outdoor seating
areas in order to further the purpose and intent of the Overlay. Major deviations from the
build-to line requirement above(in excess of 15 feet) may be allowed, but only with sufficient
justification and contingent upon the approval of a Community Design Appeal application (see
Chapter 2, Article II, Section 43).
c. Minimum interior de_w-a*d corner side ar4d_x rear setbacks ,,n ,-o,,,- seth ',R shall be in
accordance with the Mixed Use 1 zoning district (see Section S.C. above).
d. Maximum building height shall be stall be in accordance with the 1lJixed [Jse l zoning district
_see Scgti r4g. a[�)ove ftt iN «<`�. Buildings fronting Martin Luther King Jr. Boulevard shall be
a maximum of thirty-five(35) feet consistent for a depth of ten (10) feet.
e. Minimum building height shall be thirty (30) feet.
5. Parking. As required by Chapter 4, Article V, Section 3.D.
6. Landscape and Streetscape Design. See Chapter 4, Article 11, Section 4.B.5.
C. Cultural District Overlay
4. Uses. Ae6ve eCommercial €Jtises on Ground floor shall be required on the street frontage of
Ocean Avenue.
D. Boynton Beach Boulevard Overlay (BBBO)
4. Uses: ^ Commercial €Jtises on Ground floor shall be required on the street frontage of
Boynton Beach Boulevard.
15
Page 43 of 56
ARTICLE IV. USE REGULATIONS
See. 3. Use Regulations.
D. Use Matrix (Table 3-28).
P Permitted Residential Colmnercial Mixed-Use Indus Misc
C Conditional
A Accessory t-rial
RESIDENTIAL&LODGING
Accessory Dwelling P P P P P P P P
Unit 36 36 36 36 36 36 24 24
36 36
Bed&Breakfast C C C C C C C
37 37 37 37 37 37 37
Dwelling, Single- P P P P P P P P P 4 P 4 4
family(detached) 14 34 34 34 34 4-9 ,4 34 4-9 44 24 24
i 4-9 14 41
Dwelling,Two- P P P P P 4 6 IU P P P P C 4 4
family(duplex) 114 4-9 4 4 4-9 44 14 14 14 4 4 4 4 26 24
44 49 49 14 �41
,4
Dwelling,Multi- P P P P 4 g 6 P P P P P 4 4 P 4 4
family iir'cCILmdl er 4-9 ,4 4 4-9 -',4 -',4 -',4 -',4 ,4 4 34 4 4 27 24 24
41 44 9 9 6 6 6 ,4 4 14 4
Dwelling Units in 4 4 P P P P P P P P 4 4
Mixed Use Buildings 4-9 4-9 14 44 44 44 44 6 6 27 24 24
4-9 4-9 6 6 6 ,4 ,4 14 14 ,4
,4 ,4
Group Home Type 1 P P P P P P
(2 per room up to 10 40 40 40 40 40 40
residents,limited
service)
Group Home Type 2 P C C C
(2 per room up to 14 14 40 40 40
residents,limited 40
service)
Group Home Type 3 C C C C C P P C C C C
(comprehensive 14 14 40 40 40 40 40 40 40 40 40
service) 40 40
Hotel&Motel P P P P C C C C P P P
41 41 41 41 41 41 41 41 41 41 41
P P P P P P P P P P P P P P
of �Owut,L at ons
Live-Work Units P P P P P P P
42 42 42 42 42 42 27
Manufactured Home P
4444 PIP J6; PPPPPPP 444
44 14 14 49 14 14 14 14 14 14 14 14 14 —r 24 24
44 , ,4
,4
16
Page 44 of 56
6. General Note. This use is SLIbiect 10 tCfjUiI-CIYI CLS Of C OI.m ercictl Active uses on Ground
alt t r. f -aad, 41's mase is allowed as dse
appfev-al Shall be feEtaifed.
Mixed-use gttt ct iiltit ttt rt rorty c tt c crtirt<F distrjctiljnect tltc tcf tattcrortcrt[ for the
C oi.m.n rcictl gees on Ground Floor by frtclt dims connnercial aasc_s sei. �im� the 1,.crtcL _w-.! l c
SLIch its retail, restaurants, bars, enten.airtrr en itcmiso-rtatl sclA _ccs-. and-offi-ce.
b. Residential-only pj.-S ci itltirt �Cfi.ml, fi._ t�tcl f fi.m:l crtirt<F districts Iocate d -�v ithin the
Federal IhL< t vay District and the 11can of Boyrtton District (as defined by the CRA
Coi.ni uniiv_ ��dev l� ronentPlan) -vi:Il rorc�t the f:� uherentfor acct � serrmm _ m , ��f-l--------------------------------------------------------------I
loo � t���rt<F tp.:�t rortrorf�.rtciccl_desi Frt f� ttattCS...
20. Resc i.wed.
38. Resgxed. Dwelling, Two Family m„ t .
a' „t c n rr 'I n„; to rrr c f, I E
u.Scr,Ec_eg 4,'0 S. Sems' act E
39. Resei.xed.Dwelling Haat+; >~.,m;t„
ily dwelling Shall eamply wid- the R3
.
41. Hotel & Motel (includes Extended-stay, Apar+f,efffi Ti.,=esha-e npar-+fief.+)
ryry
c. rear® Pis�nie.Apa4mea�IH4els r-eg nditio a „s appr-oval.
e-a. SMU District. Hotels require conditional use approval. ,
Motels are prohibited uses.
€ . MU-1 District, MU-2 District, and MU-3 District. Had �� 1101c lS rewlt rq
conditional rt tl t:a tpttrt v tl.
kMlotels are prohibited uses.
g. MU-4 District and MU-C District. BotAitae IH) €e FeEt fidit"eftat uSe a —1
(30"40) of
listed as Pefffii4+Ied ttses. Motels are prohibited uses.
h. PID district. This non-industrial use is allowed within the PID district provided it is located
on a lot that has a Hotel (H) land use option.
17
Page 45 of 56
CHAPTER 4. SITE DEVELOPMENT STANDARDS
ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS
Sec. 3. Special Reductions in Required Off-Street Parking.
D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance
with Section 2 above- Anv reL-, -11P ng for non,-residential, uses shall be reduced by fifty percent(50%).
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-006 MLK Overlay and Use Matrix revisions Part
I\EditsAndWK 8.12.19-PostIIM.docx
18
Page 46 of 56
7.7.C.
New Business
8/27/2019
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/27/2019
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve efficiency
improvements to the Site Plan Review Process (CDRV 19-007) -Amending the LAND DEVELOPMENT
REGULATIONS Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services,
Section 2. F. Site Plan, Including Time E)dension and Modifications that begin implementing staff
recommendations from the internal review of the City's development review process. Applicant: City-initiated.
EXPLANATION OF REQUEST:
In part to address customer service issues, staff commenced a comprehensive review of the City's
development review process with the objective of improving efficiency, customer service and the image of the
Department's operation. This effort began in May, 2019 and recommendations for improvement will be
presented in phases as the evaluation project progresses.
The first round of changes are designed to make the site plan process more streamlined and efficient by
allowing staff to grant administrative approval for more types of applications. The changes include:
• General:revisions to categories of applications to be exempted from site plan review.
• For new site plans:
• Proposed criteria for identifying"major" site plan applications;
• Revisions to the "Expiration" criteria to be applied to major site plans; and
• Proposed new section for the"minor"site plan process.
• For modifications to site plans: revisions to the thresholds for determining "major" site plan
applications.
The magnitude of reduction in review time varies by project type and size; however, processing time could
be reduced by up to 3 months by reviewing an application administratively instead of through the full site
plan review process. Projects that also require for example, the conditional use or variance processes
(which require public hearings), would not be eligible for"minor" (e.g. administrative)processing.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on either programs or
services
FISCAL IMPACT: No fiscal impact
ALTERNATIVES: None recommended
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
Page 47 of 56
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: N/A
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Staff report
D Amendment EXHIBITA. LDRAmendments
Page 48 of 56
' DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 19-026
TO: Chair and Members
Planning& Development Board
FROM: Hanna Matras
Senior Planner
THROUGH: Ed Breese
Planning and Zoning Administrator
DATE: August 20, 2019
RE: Approve proposed code language implementing revisions to the site plan process
(CDRV 19-007) - Amending the LAND DEVELOPMENT REGULATIONS
Chapter 2. Land Development Process, Article II. Planning and Zoning Division
Services, Section 2. F. Site Plan, Including Time Extension and Modifications.
Applicant: City-initiated.
EXPLANATION
The proposed changes are designed to make the site plan process more streamlined and effcient by
allowing staff to grant administative approval for more types of applications. The changes include:
• General: revisions to categories of applications to be exempted from site plan review
• For new site plans:
o Proposed criteria for"major" site plan applications;
o Revisions of the "Expiration" criteria to be applied to major site plans; and
o Proposed new section for the"minor" site plan process.
• For modifications to site plans: revision of the thresholds for a modification to be classified as
"major."
CONCLUSION/RECOMMENDATION
Staff proposes these code amendments as a continuation of the LDRs' assessment aimed to improve
and modernize the development review processe in support of quality redevelopment and economic
growth in the City.
Attachments
S:\Planning\SHARED\WP\SPECPROJ\CODEREVIEW\CDRV 19-007 Site Plan Process\CDRV 19-007 Site Plan Process Staff Report.docx
Page 49 of 56
CHAPTER 2. LAND DEVELOPMENT PROCESS
ARTICLE 11. PLANNING AND ZONING DIVISION SERVICES
See. 2. Standard Applications
F. Site Plan, Including Time Extension and Modifications.
1. General.
a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures,well-defined application
processes, and information to guide the review of site plan submittals. The jjcant shall schedule a p icaijon
------------------------------------------------------------ ---------------------
conference -�viffi staff and bring the -(Yjr,� site 1+1 is also the anent+8 pr-ON'Ide for-separ-ft+e
...........pL_ � .............Dian__._. ......... L
and eXf)ed4ed FeN"IeW f)r-E)eeSSeS for-4108e a f4a
F.......8 414 Etual""-' as a Sa4-liftable deN'e!E)f)Me �'as Ele ed by
TT' nef4ft"41"ORS' and fflee�S flie ff4eR�Offlie eiky� i44ives-
b. Applicability. Ne�v site plans are either fi rorttrtt r"
i, based on criteria-�viffiin this section. The
icat ions shall be considered "rnaj�2f-:--No bail ding per-ai's shall be
-1,ftll be feftldf-d
after-+,he plan lifts bee.."FF—v— by the 64y. The
.Y
by
I All
"I new developffile—s-1
Y e-tFe
of�Fd&pdr-e' or-ehange die oeeftpaney of a build".5-1
.......... RIMS eEn4ft1Rlftg 40fage a*El,/E)r-agr-`ie'4Pdr-al 4faet"f-S +',-+ -+-,+k
sftthwe fee+L as pr-Ewided-4of-T.. FF—... A'—'Jele 3",
10 n(nk� 1"'nultiffilal ilv d-�vejj in ,un as,
1, lans --than-ten
-----------------------)-------------------------------------------------- -
tare feet,
------------------------
�3 lan s re Lajj,.- q -it ication forConditional Use"
2jj---------------------------------------------------------------------------------------
44 leas re Lj!.- a -lication, and
----Lum—--------------
Egl.-�ii.,v-o-�,k-nedoi.-o�ici.-�ti.edficilii.icsi.hai.caiisesasiLFnificani. iTTi�iaci. to abutting and a acent
... .......................................................................................................................................-------------------------------------------------------------------------------�j..................
l�I.Q.1i,c,_11.,ics. asdei.ei.i.-riinedbvi.hePlann L& Z inyAdi.ninistrator.
....... --------------------------------LUL-------- -----a inistrator..
c. Exemptions. The following work shall not be required to undergo site plan review as required by this chapter:
(1) The construction of a single-family home or a duplex;
n4eflof fefteN,41'.offs, &ieep, r j i, p�
F'
t2� T
ft4all-6off 8, fr-e sprift.-.efs;
t1l� D
�-f Replfteeffieft+'of ems+HiRg elee+
t< T
ft4all-6off of fife a afffiS; of
olnff+ftf-
y l"'o safe—r-espoffsiN-e pfo�ee+s ffieff+EW
P'r-ee+1or- --------
t
fPlann(2) Internal niodifications to a SH.-LICLUIT InClU i tL�42]1,!M�bin�oj�
d n '�. clectrical. and inechaivical.�-�,vith no effect to the
---------------------------------------------------------------------------------------------------------------- ------
exterior of the SU.1JCLU1T1'-
(L.Ir,_Z,�.,.D,y_l.,Liodificai.io. ofS11CLUIT that doincrease es not. irease the total size of the suntu
icre and does not
...............................n..... ln��--Ls I I n�! s u,
chan�,,.. jhe buil-ding-footprint-'.
Page 50 of 56
L5 Pool sjnclud in L, re-design and relocation"
SIA1,10111-Cs and additions to CXi'.-,1,' iln!�ILHTS Of f6ver than 0( 0 gross ,s in non-residential
L Z�.jai.nodification of., or addition to an existing sac necessary to iniplenient a Corrective Action Plan and;01.'
d. WM'ver-Of S,'+e Plan Review. eamplianee W'.414 flie eane'dfFe—, Cl—,+-, I A,�,-I- WT
,he p-, &f-P�ftffffalg and ZOff`iffg Of EleS----- felv'few based nj3Off all Of the
fallowing fae4ws:.-
die balklia-,
sp*ees-,
(5) Any Wnf4' 'fflprON7effleft�' Or -1A,
2. M r Site Plan
----------------
a)-. Submittal Requirements. See Section |.D. above for the submittal requirements ofthis application.
��. Review Criteria. The site plan shall comply with the following: |) requirements of the roopoohvo zoning district
regulations ofChapter 3, Article III und-
2) S�ib:T>dovolopmont S-standardsd000dbodin
| . See 600hon2.D.6.o. above for oddihonol
romdohonsregarding dhorequirement dho1dhooitonlonb000nsistontv/idhdhonnootorplouwbonrozoningloudstoo
planned zoning district.
| c.4. Approval Process. Anapplication for site plan approval requires roviov/bvdhoCiLyConnnnisoionoudobollbo
processed inaccordance with Chapter 2, Article 1, Section 3.
d-5. Expiration.
| (l)a- (]onood. Upon approval of a site plan by the City Commission, the applicant shall have eighteen(18)months
tosecure obuilding permit from the Development Department.
|
|
2
i
40000 r F
,
,
deA,-elopffieff+ -r—1
(2� Null and Void. All previous approvals shall be null and void if the applicant is unable to secure a building
permit within the above timeframes. For the purposes of this section,minor permits issued by the Departments of
Development or Public Works (e.g. clearing and grubbing;walls and fences; docks, land development; utilities; etc.) shall
not constitute the type of permit necessary to extend the life of a development order for site plan review purposes.
c.Fr. Time Extension.
LHa-. General. An applicant may request to extend the approval of a site plan for an additional time period,not to
A.exceed eighteen(18)months,provided that such request for extension is filed prior to the date of the expiration of the
original eighteen(18)-month period. For the purposes of the subsection, a"site plan" shall be construed to include either a
new site plan or a major site plan modification. There is no limit to the number of extensions that may be requested.
(-;1-. Submittal Requirements. See Section I.D. above for the submittal requirements of this application.
E Review Criteria. The site plan time extension shall comply with the requirements of the respective zoning
L--
district regulations of Chapter 3, Article III and site development standards described in Chapter 4. In addition, the
following information shall be used to justify an application for site plan time extension:
�-�..04 Are there any recently adopted amendments to the Comprehensive Plan,redevelopment plans, or Land
Development Regulations that would cause the approved site plan in its current configuration to become
noncompliant?
.k-224 In determining good faith, some factors to be considered are the following: 1) the extent to which a land
development permit(if applicable)has been applied for by the applicant and/or approved by the Engineering
Division; 2)when construction approved by such land development permit has occurred (construction which is
commenced immediately preceding expiration generally indicating a lack of good faith); 3) the extent to which
there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the
applicant,it was not possible to meet the time limitation; and 4)the applicant has applied for or secured any
building permits, or other types of permits from external agencies,including anticipated dates for the issuance of
the aforementioned permits?
L..(3} Has the applicant paid any impact fees,including utilities or art in public places?
.(4} Does the site plan comply with the concurrency requirements and of Palm Beach County and the city's
Land Development Regulations?
L..(� Other pertinent information can the applicant provide that would justify the request for site plan time
extension?
44 Approval Process. An application for site plan time extension requires review by the City Commission and
shall be processed in accordance with Chapter 2, Article I, Section 3.
5)e- Expiration. Upon approval of site plan time extension by the City Commission, the applicant shall have the
time approved by the City Commission to secure a building permit from the Development Department. All previous
approvals shall become null and void if the applicant is unable to secure a building permit within the above timeframe.
3
Page 52 of 56
Extension. The applicant may file a subsequent request for site plan time extension beyond that of the original
extension;however, each subsequent request for site plan time extension shall be valid for a time period not to exceed one
(1)year. Each subsequent request for site plan time extension shall be filed prior to the expiration date of the preceding
site plan time extension period.
j] Miscellaneous. The original conditions of approval of the site plan are still applicable and must be addressed,
unless otherwise approved by the City Commission. In granting such extensions the City Commission may require
modification to or impose additional conditions of approval to the site plan.
. Minor Site, Plan
a. St.a rortittal l� ,cttma�t_ ro_r catty Se Section I.D__a above for tltmc_SUbn��mt�l_�cfi�����ror��r�t� � f i��� �gr.i�mlm�C1t1� r�_
Rcvie-�v Criteria The Site Dlart__shalll.ctgrotf;t�tly................................................., fi thefll '�lk�tmt��F._. � �.c.ft�rLI�_IrL_,!r]ts_ofmthe rc sf�e .Ove �cnYin g__ isIr-ic:i
tc Ft.alattt tt t_f_CmCtmt tact :te .rticic, CCC itc f)c, ,I( trod ttm_Standards_desct_f fir_ t rt mtmm e .tai lc CCe t,t, Section
m_
2.1).6.c. for t I :t rt t t art It t �t rota rt It It � �tI rt rt t sten-t- t It It rota t �tI rt ��h°rt
.�. a� additional � to �t t� � � � t � � �a � � t t �t t � � t� t �___ �_�'f� `g t� t t t sr ��tsr__�_� _ __�
tc crt�rt F Imti], sto a (�tla�tned zc m�rtaF district.
c. Alttttoval Process. _�Cmhc_�t€��pjicatmft�tm shallm cmrevi -;fed_by staff and actio�ntvill e tmaken v_th alit?1.- ft_�tmimc
adrortirtistrative, official.
dee 1gtiratit rte
f ft General �'� �t�tlicartt shall have c�(Flttcen ('18) i.norttlts to sedate a uilding pertnit fro rt the Devclt �trortcrtt
12 tmi:m
(2)_�dull_a�tmd Void.,-,-,All_l�tm�m��t tav_af�l�t_ovals_shall_ e null_and v�iclm_i_fm!he a �lmcant is_una unable to secure a biai_I_cli_tj
( erT---------------------------------------------------------------Yt -,, ihin tlrtc atve ttrrtc fra.nes. l� t_tlrtc _i-a4t��csc�_�f .l...r _�..._�t.tgrt. ro..11n�t_��cf nas Isaac v_th )c-lis-11,rLcrt s_fmf
1)e; "cl(Y- I�_�tmimat__PubIic_m��1��t1,�s_(c_f,F �Ic�fJnLt an �Frubb�, QF -;vajls an fences, farad cva layt�rort_ent, matilities,..
etcII_r tm
constitute th tvlrm_a f_lrctro_rtmt_t tc- mmt _to_extend the_life of_a cicc I lrortcrt _��fcf_ff fft _ rl t _tmmim; Vim.
e. TiTne Extension
General. An a�rl�lf��tmtmror��v_fmcflaac�t.jo exI tlrtc-._al-1roval of s tc-_�~rlm�� fagt�� tcl rime rt tl tmt�rtmc i~rcriod,_notmmima
c coed ei<, teen (18;ronontlts provided that Beach acf aaest ft t e�tensi n is filed trio to the date of theexpiration of the
-----------.�_______________I________________________________.1....................�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.A_____________________________________-_____________________.
t,aa=Ftrtal e i 1hteen 'fel rortt�rtth tcriod tea the tear �c�e� t f the subsection a fi site -dart" shall e ct�rtsu ted to rorteart a i.ninor
__- , �.�.�.�.�.�.�.�.�.�..._.....e.......�.�._ _1.--. 2______________________mlm___ __________________________________m____________� ________________________________________________________._..
Lata Irl t [m ctc_istmta�_1_irrmtmit t_otlrtmc_rtunib mt of extensions thatmromrtav_ c_fcm.ta��t�, e
2)__Subi. ftttm�tl_ _ f.a:aire,rorte,rtt e e, e,ctitart lei)e aha ftartlte, a.a rortittal rcc a:aire,rorte,rtt t ftlti a t.ttCt _tat r_
( fit kC,v_�c m_Cma_tm mtm? m [_Itm �t(11 t_I_rrtm extension m _sha11_coi.rtIrJy �_f h_the_t_ ( _z�c t_mgn
distract regulations of C hattter3,mAn.icic__CCC and sitc_deveIcy€�i.ne tl_stmandar s described i t Cmlrtat~te . In addition the
follm; inLt infon.-nation shall be used tt.�ttastifv_�tt at-trlicat_i_on forsite tt�rtc-_c�tmcrtS�a taro..
A. Are the=re aay recendy adopted_aromrtmendi.nents_to the C_crorwrehensive Plttn.red v_c_I_a tDInentmplmt2s_t tm_L��tmc�,
i)CVcl()vrrte rat Re<Ftalations that -,vo ald cause the a t tat �cd Sttc (dart art �t� caaarcrtt ct rtf�<Faaaatit rt to se ct rorte
rt tart c tiro rt pliart t`?
------------
Ee In de.te n-nirting,_gt tA.fai.th sonic factors to be considered arca the, follmv inn ... .) the__e tent_.� �vIttc a Ia�t.
B ela �rrortcrttmt ctrort�t trf: a(�€�lica le; Irt.'.5 been ap-lied ft�t_ ---------------ttiltilicanmt and,;t�t_�t��€��t_oved v_tmh I-rt<Frneerirt<F
Divisi art, 2)) ,hen constmt,aactm���tm_attttat ved v_`�aac�rt_I�nddev I ltrort�ttt_.l��turf�t_�t��t ��_��t_tc �ca�nst' aactt:on �,�Iti:�. _t.
ctarrtrortertced irrtrorte;diatel���ttc,C_edirt F c- lr�t_rLLLa�rt Fcrtct, jt in ic�atirt<F a Ia :l a f_Foo faith � the extent. to-,vhi_ch
there has been a bona fade continuous effort to develOD brat ecaUS cif_circ arortstmancesm cvagtt _tmlrtc-_cont ol_ofmthe
gCrtrl�t tmtm _�t t _rtgt t a lc rota rot cct_tmltc_tm�trtmc I�rrt�mtmtt�ag t � t. c tr,~1Ii arott_has�tl�t?lmtcd for tit secured any
aaildirt<Fm rc_turtt ts. or other tv tee t f resmturttt front_external_ ,F.ertc�c.: �rtclaadtrt<F art:l;;�ct.tjgtme dates for tete iSSaaattce ofm
the aforerorterttioned penrnits`'
4
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C. HastheaDpLicanq ncluding,utilities or art in public places"
1). Does the Site Dian colylply-,.vith the concurr nc reqw1rements andd off Pralum Beach Countv and the city's L..and
(4) re uIres revle-�v by the Plan i
Plannim, &1 7 -ovals
shall becoi.ne null and void if the aDplicant is Unable 1.0 SCCLIIT a buildim,, ni-nit within the above timeframe.
extension, hmvever, each p LITTIC INriod not to exceed one
'1 1 vem. Each s se- uest for site plan time extension shall be fil d t i o da of h �c�i
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4-7. Modification 0oSite Plan.
a. General. Anapplicant may request to modify an approved site plan. Changesto site plans are either"minor' or
"major" based on criteria within this section. The applicant shall schedule opre-application conference with staff*e*d
Site Plan.
.,e plaii ffladillie4faft isoonsidorod "nn �o/' if any of the follo
:
(|) The modification increases the buildable square footage of the development by more than 1.5,000 uare feet
oroont(20-5�%) the threshold increases 0o poroont ) if
(22) The madillie4iaii r-ediiees die pr
par-king spaee-s-.
| (2-3) The modification causes the development tobobelow the development standard for the zoning district in
which itis located or any other applicable standard in the Land Development Regulations.
| (34) The modification has an adverse effect on adjacent or nearby property or reduces requirednhvoioolboDem,
such oofences, trees, orhedges.
| (4-5) The modification adversely affects the elevation design of the structure or reduces the overalldesign ofthe
0000buro below the standards oto1od in the community design plan.
| (54) The modified development does not.meetsthe concurrency requirements ofdhoE|oyntonE|000b
Comprehensive Plan.
| (6-7) The modification alters the project so dholthe modified site plan does notreasonably--resemble the
approved site plan.
(79) The modification affects or does not comply with a condition of approval of the development order.
(N4) The modification oocity-owned oroperated facility*H4-oou0000
impact to abutting and adjacent properties.
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b. Major Modification.
(1) Submittal Requirements. See Section I.D. above for the submittal requirements of this application.
(2) Review Criteria. The proposed major site plan modification shall comply with the requirements of the
respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4.
(3) Approval Process. An application for major site plan modification requires review by the City Commission
and shall be processed in accordance with Chapter 2, Article I, Section 3.
(4) Expiration. Upon approval of a major site plan modification by the City Commission, the applicant shall
have eighteen (18)months to secure a building permit from the Development Department. All previous approvals shall be
null and void if applicant is unable to secure a building permit within the above timeframe.
For the purposes of this section,minor permits issued by the Departments of Development or Public Works (e.g.
clearing and grubbing; walls and fences; docks, land development; utilities; etc.) shall not constitute the type of permit
necessary to extend the life of a development order for a major site plan modification.
(5) Extension. An applicant may request to extend the approval of a major site plan modification for a time
period not to exceed eighteen(18)months,provided that such request for extension is filed prior to the date of the
expiration of the original eighteen(18)-month period. The request shall be processed in accordance with Section 2.F.6.
above.
(6) Miscellaneous. At the time the City Commission approves a request for a major site plan modification, any
previously approved site plan, including any conditions for approval, shall be null and void. All future development shall
be consistent with the master site plan, as modified and approved by the City Commission,including all corresponding
conditions of approval.
c. Minor Modification.
(1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s) along with the
affected plans and exhibits (in the number of copies specified by the Division). The applicant shall also provide consent
from the property owner to file an application for the minor site plan modification.
(2) Review Criteria. The proposed minor site plan modification shall comply with the requirements of the
respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4.
(3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate
administrative official. Upon approval of a minor site plan modification, all future development shall be consistent with
the site plan, as modified,including all previously approved conditions of approval associated with the site plan.
S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-007 Site Plan Process\SitePlanMods.docx
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