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Agenda 09-22-20 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, September 22, 2020 TIME: 6:30 PM PLACE: Zoom online meeting IMPORTANT NOTICE: This public hearing will be conducted using means of communication media technology. If you wish to join the meeting using a computer or smart phone you only need to register prior to noon on September 22nd. Register by sending an e-mail to pz ail ox bbfl.us, indicating whether you desire to speak on an item (indicate which item(s)), or if you only plan to listen to and/or view the meeting provide your name and phone number so you may be contacted if needed. The agenda, electronic link for the meeting and access instructions will be available at the City's web site within two days of the meeting. If you cannot join the meeting, written comments can be e-mailed to the above e-mail address which will be read into the record by City staff. 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 4.A. Approve board minutes from the 08/25/2020 Planning & Development Board meeting. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 13,873 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. 7.B. Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. 7.C. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If Page 1 of 65 no quorum is established within twenty minutes of the noticed start time of the meeting, the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. Notice Any person who decides to appeal any decision of the planning and development board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony, and evidence upon which the appeal is to be based. (f. S. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742-6060, at least forty-eight (48) hours prior to the program or activity in order for the city to reasonably accommodate your request. Page 2 of 65 4.4.A. Approval of Minutes 9/22/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/22/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve board minutes from the 08/25/2020 Planning & Development Board meeting. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 08-25-20 Minutes Page 3 of 65 DRAFT MINUTES a PLANNING AND DEVELOPMENT BOARD WEBEX ONLINE MEETING 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, AUGUST 25, 2020, 6:30 P.M. PRESENT: STAFF: Dr. James DeVoursney, Chair Ed Breese, Principal & Zoning Administrator Trevor Rosecrans, Vice Chair Mike Rumpf, Director of Development Butch Buoni James Cherof, Assistant City Attorney Tim Litsch Hanna Matras, Planner Susan Oyer Amanda Radigan, Planner II Chris Simon Luis Bencosme, Planner II Lyman Phillips, Alternate Adam Temple, Community Standards Director Lisa Tayar, Prototype, Inc. ABSENT: Darren Allen Jay Sobel, Alternate GUESTS: Andy & Joel Sobel Joel Lopez Elizabeth Lopez Bradley Miller Bruce Catanzaro Chair DeVoursney called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance 2. Roll Call Roll was called and it was determined a quorum was present. 3. Agenda Approval Motion made by Mr. Litsch, seconded by Mr. Buoni, to approve the agenda. In a voice vote, the agenda was unanimously approved (6-0). 4. Approval of Minutes —May 26, 2020 Motion made by Mr. Rosecrans, seconded by Mr. Buoni, to approve the May 26, 2020, minutes. In a voice vote, the minutes were unanimously approved (6-0). Page 4 of 65 Meeting Minutes Planning and Development Board Page 2 August 25, 2020 5. Communications and Announcements: Report from Staff Mr. Breese gave an update on the items from the May Commission meeting: The series of code reviews on the May agenda were all approved by the City Commission. 6. Old Business —None 7. New Business 7.A. Approval of the Conditional Use application (CODS 20-002) for Exotic Motorworks, to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 SE I" Street. Joel and Elizabeth Lopez gave a PowerPoint presentation on the project (see attached). Highlights included an aerial of the property (see site location map), usage, parking, plat drawing, most services provided offsite, residential area effects, safety, and sanitation. Mr. Buoni confirmed that there will only be computer diagnostics of the cars; it should not be a problem if mainly inside, that there will be no inoperative vehicles, and there are only two parking spaces in back for use of Mr. Lopez and a customer awaiting diagnostics. Also confirmed is that the business has been discussed with the rest of the building tenants. Letters have been sent out to all of the nearby residents. Ms. Oyer commented that this is a great project and will be the envy of every little boy to see such cars in the neighborhood. Mr. Simon asked about the logistics of how the cars will arrive; Mr. Lopez said they will mostly be towed in one at a time by appointment,no cars will be accepted until the previous appointment is over; most of the diagnostic work is done offsite at dealerships. Mr. Simon noted the business operations appear to be non-intrusive. Mr. Litsch asked above the models of cars to be serviced; Mr. Lopez said Bentley, Ferrari, Maserati, Lamborghini, Porsche, Rolls Royce, and that most appointments are at the factory dealerships. A brief discussion ensued about the unique business. Chair DeVoursney opened the floor to public comment. • Elizabeth Lopez, 816 SE l't Street, spoke for the people in the adjacent bays of the building, noting that the owners of the buildings are Mr. Lopez's parents and they have no questions or concerns. Chair DeVoursney closed the floor to public comment. Motion made by Ms. Oyer, seconded by Mr. Litsch, for approval of the Conditional Use application (CODS 20-002) for Exotic Motorworks, to allow an automobile diagnostics facility Page 5 of 65 Meeting Minutes Planning and Development Board Page 3 August 25, 2020 exclusively for luxury and/or high-performance vehicles at 816 SE I" Street. In a roll call vote, the motion passed unanimously (6-0). 7.13. REQUEST: Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). Bradley Miller, Urban Design Studio, representing the applicant Bruce Catanzaro, gave a PowerPoint presentation(see attached). The highlights for converting the property back to residential use included an aerial site location, history of the property, current zoning districts, adjacent properties. The new zoning should allow the use as a single-family house or duplex. Chair DeVoursney estimated the maximum number of dwelling units for this property would be 2.25 dwelling units, accommodating a duplex at the most. Ms. Oyer wondered if anything is scheduled for the property? Mr. Miller said this is a preemptive move to make the property more sellable. Mr. Simon wondered what the maximum building height is for that area once this property is rezoned. Mr. Breese said 30 feet,the current residential setbacks would be 25 feet in the rear, 10-20 feet on the sides, and the front plat may have a requirement of 25 feet, which is similar to other recent residential structures. Some discussion ensued regarding setback requirements current vs. projected. Mr. Litsch asked if these requests could be done one without the other. Mr. Cherof explained that these be two separate motions,the LUA should come first,then the rezoning. Motion made by Mr. Litsch, seconded by Ms. Oyer,to approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). In a roll call vote,the motion passed unanimously (6-0). REQUEST: Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. Motion made by Mr. Buoni, seconded by Mr. Rosecrans, to approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. In a roll call vote, the motion passed unanimously (6-0). 8. Other—None 9. Comments by Members Mr. Buoni asked if in the future it could be possible to see the audience and presenters. Page 6 of 65 Meeting Minutes Planning and Development Board Page 4 August 25, 2020 Ms. Oyer noted that Sister Cities upcoming Monday Mingle will be via Zoom and, in honor of Boynton Beach's 100 'Birthday,there will be a trivia contest on Boynton History. There will be prizes. Go to boyntonsistercities.org or email Ms. Oyer directly for the Zoom link. Chair DeVoursney announced that both he and his wife were ill with Covid-19 last month and that both have recovered with no residual effects. He implored that everyone abide by the CDC recommendations and the Florida Board of Health to continue social distancing, wear masks, and stay safe. 10. Adjournment Motion to adjourn was duly made and seconded. The meeting was adjourned at 7:17 p.m. Attachments: PowerPoint Presentation for Exotic Motorworks Diagnostics Facility PowerPoint Presentation for Catanzaro Residential Land Use/Rezoning [Minutes prepared by M. Moore,Prototype,Inc.] Page 7 of 65 7.7.A. New Business 9/22/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/22/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 13,873 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. EXPLANATION OF REQUEST: Legacy at Boynton Beach will occupy 2.76 acres in the CRA's Downtown District. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels classified Mixed-Use High (MXH), and zoned CBD, Central Business District. The applicant has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH classification and carrying that classification's maximum density of 80 dwelling units per acre (du/ac). The rezoning would support a mixed-use project with 274 multi-family rental units and approximately 13,873 square feet of retail adjacent to Federal Highway. Although the proposed density of 98 du/ac exceeds the maximum density permitted in MU-C zoning, the project's location in the Downtown Transit–Oriented Development District (DTODD) allows the developer—contingent on the participation in the City's Workforce Housing Program—to utilize the DTOD District's 25 percent density bonus. MU-C is the designation recommended for this location by the CRA Plan. All areas north of the proposed project up to NE 4th Avenue, and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One and The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is being gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the vision of the Downtown District embedded in the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 60 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The master plan includes features designed to mitigate the negative impacts of the project's height, bulk and scale on the adjacent low-rise residential properties. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on-street parking, street trees, and wide sidewalks. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services requiring capacity expansion. FISCAL IMPACT: The project will expand the City's tax base. Page 8 of 65 ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Attachment Exhibit Al. Owner list D Location Map ExhibitA2. Location Map D Location Map Exhibit B. Existing FLU classification D Location Map Exhibit Cl. E)dsting Zoning D Location Map Exhibit C2. Proposed Zoning D Attachment Exhibit D. CRA Plan recommendation Page 9 of 65 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-018 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Craig Pinder, Planner II DATE: September 16, 2020 PROJECT: Legacy at Boynton Beach REZN 20-001 REQUEST: Approve Legacy at Boynton Beach Rezoning (REZN 20-001) from CBD Central Business District to MU-C Mixed-Use Core with a master plan for 274 multi-family residential units and 12,422 square feet of retail. PROJECT DESCRIPTION Property Owners: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agents: Brian M. Seymour, Gunster and Mark Richards, Kim ley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6t" Street (see Exhibit "A2") Existing Land Use/ Zoning: Mixed Use-High (MU-H)/ CBD Central Business District Proposed Land Use/ Zoning: Mixed Use-High (MU-H)/ MU-C Mixed Use-Core Proposed Use: Mixed-use project with 274 multi-family units and approximately 12,422 square feet of retail Page 10 of 65 Page 2 GCI Residential REZN 20-002 Acreage: 2.76 acres Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way of SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6t" Street; West: Right-of-way of Federal Highway, then a mixed use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. BACKGROUND Legacy at Boynton Beach will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan (the Plan). The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The parcels are classified as Mixed-Use High (MXH), the future land use (FLU) category allowing a maximum density of 80 dwelling units per acre (du/ac), and zoned CBD, Central Business District. The developer has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH future land use classification and carrying that classification's maximum density of 80 du/ac. The MU-C is the designation recommended for this location by the Plan. The applicant proposes to develop a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of ground retail adjacent to Federal Highway. The proposed density of 98 du/ac exceeds the requested zoning's maximum density; however, since the project is located within the Downtown Transit–Oriented Development District (DTODD), the developer—contingent on the participation in the City's Workforce Housing Program—can utilize the DTOD District 25 percent density bonus. 2 Page 11 of 65 Page 3 GCI Residential REZN 20-002 Currently, there are three existing projects within close proximity to the project site that are zoned MU-C, including 500 Ocean, Casa Costa, and Marina Village. In addition, the Ocean One site plan has been approved under the MU-C zoning, but has not yet been constructed. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The requested rezoning of the subject site aligns with the CRA's plan that calls for a vibrant downtown where people can live, work, and play in an environment that's bikeable and walkable. This vision is to be implemented through the development of the highest density and intensity projects within the area, supported by the City's most intense FLU and zoning designations and by the opportunity for additional DTOD District's density bonuses. A heightened rationale for intensification of downtown development has been driven by the planned Coastal Link commuter service station, which the 2012 Florida Department of Transportation's TOD Guidebook would classify as a Community Center station, requiring gross density for between 11 and 16 dwelling units per acre. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan and Redevelopment Plan The Proposed MU-C zoning district is consistent with the recommendation of the 2016 CRA Community Redevelopment Plan and the City's Comprehensive Plan. The MU-C zoning district is intended to replace the existing Central Business District (CBD) zoned parcels classified as MXH, upon request from the developer. The rezoning is also consistent with the following Comprehensive Plan policies: Policy 1.18.1 The City shall continue to implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within the Downtown TOD District(a % mile 3 Page 12 of 65 Page 4 GCI Residential REZN 20-002 radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor). The inner X-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian-friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not create an isolated district, nor will it constitute a grant of special privelege to the property owner. As stated in criterion "b", the proposed MU-C zoning designation is consistent with the recommendations of the CRA Plan and Comprehensive Plan and implements the MXH future land use classifcation as identified on the City's Future Land Use Map. All areas north of the proposed project (up to NE 4th Avenue), and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One, The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is beeing gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the land use pattern envisioned for the Downtown District by the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 60 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The MXM classification is already on the ground on the north side SE 2nd Avenue, where all properties with the exception of the commercial lot on the corner of SE 2nd Avenue and the Federal Highway are residential and zoned R-3 (Multi-Family), a designation inconsistent with the MXM future land use category. 4 Page 13 of 65 Page 5 GCI Residential REZN 20-002 d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning is a mixed-use high density development whose residents will have access to alternative modes of transportation including Palm Tran bus service along the Federal Highway corridor (with a bus stop located in front of the project), and, eventually, the Coastal Link station. In addition, the project also provides pedestrian connectivity through activated ground retail that supports the development of a pedestrian-friendly downtown and encourages residents and visitors to use a form of active transportation (walking or biking) for short trips instead of a private vehicle. The City's Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project's sustainable design features, see the corresponding master plan/site plan staff report. e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Long-term capacity availability for potable water, sewer, and solid waste was reviewed earlier as a part of the area-wide FLUM amendment following the adoption of the CRA Plan. (The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046.) The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 1,769 new daily trips, 59 new am peak hour trips and 138 new pm peak hour trips. The Traffic Division confirmed that, since the subject property is within the Traffic Concurrency Exception Area, it is exempt from the Palm Beach County Traffic Performance Standards. The PBC School District's review of The School Capacity Availability Determination (SCAD) letter submitted by the applicant concluded that there will be no negative impacts on the public school system. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. 5 Page 14 of 65 Page 6 GCI Residential REZN 20-002 f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the response to criterion "c," as well as responses to criteria "a" and "b". The proposed master plan supported by the subject rezoning is compatible in scale and character with several nearby developments, either already built or approved. It is consistent with the vision of the Downtown District embedded in the CRA Plan, and will be compatible with the future redevelopment of the surrounding areas as the implementation of the Plan continues. The project is likely to increase some local property values. The master plan includes features designed to mitigate the negative impacts of the project's incompatible height, bulk and scale on the adjacent low-rise residential properties—a two-story condominium to the east, residential parcels to the south, across from the SE 2nd Avenue, and the Sterling Village community farther south and east of the SE 6th Street. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on street parking, street trees, and wide sidewalks. For details, see the corresponding staff report. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed project generates economic development benefits as it presents an opportunity to become yet another contributor to a successful, lively downtown ("g1" and "g6"), bringing more development to the area and attracting more residents and visitors 6 Page 15 of 65 Page 7 GCI Residential REZN 20-002 to the City. Moreover, the density increase in the DTOD District is essential for support of the future Tri-Rail Coastal Link commuter service. The project has a potential to add a significant contribution to the City's tax base ("g2"). The direct impact on job generation would be modest ("g4"); however, there will be substantial indirect (multiplier) effects through increased demand for retail and restaurant uses. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The subject property is currently classified as Mixed Use-High. The proposed rezoning corresponds to that FLU classification and does not affect the type of land uses allowed on the property. The project includes 12,422 square feet of retail uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no adequate sites elsewhere downtown for a high intensity mixed use project without considerable land assembly efforts. The City's downtown has very little vacant land left. The property is already classified MXH; both the MXH classification and the proposed zoning designation are consistent with the CRA Plan recommendation for the area. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with the requirements of the MU- C zoning district and the site development standards of Part III (LDR), Chapter 4 prior to the issuance of any permits or certificate of occupancy. For the master plan/site plan review, see the corresponding staff report. 7 Page 16 of 65 Page 8 GCI Residential REZN 20-002 RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and found that it implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies. Therefore, staff recommends that the subject request be approved. s Page 17 of 65 206 S Federal Highway 625 SE 2nd Ave 0010 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 Bowden INC Sara N Garcia 1622 NE 4th Street 625 SE 2nd Ave#A Boynton Beach, FL 33434 Boynton Beach, FL 33435 SE V Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 One Twelve South Fed Hwy INC Maria CS Ruggeri W Bingham c/o PO Box 1182 3549 Harbor Cir Boynton Beach, FL 33425 Delray Beach, FL 33483 SE V Avenue 625 SE 2nd Ave 0030 08-43-45-27-04-000-0670 08-43-45-27-04-000-0030 Joseph W Scaggs Linda and Christopher Chiodo 728 Casa Loma Blvd 2515 SW 13th Ct Boynton Beach, FL 33435 Boynton Beach, FL 33426 SE 1st Avenue 625 SE 2nd Ave 0040 08-43-45-27-04-000-0710 08-43-45-27-04-000-0040 DSS Properties Howard and Marianne Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 18 of 65 Federal Highway 08-43-45-27-04-000-0131 Francisco and Olga Solis 80 SW 15th Court Boca Raton, FL 33486 212 S Federal Highway 08-43-45-27-04-000-0150 Downtown Properties of South Florida LLC 4283 Fox Trace Boynton Beach, FI 33436 Page 19 of 65 LOCATION MAP Exhibit A2 N E 0 st V , tonl R1 Z s i r t SE 1 it Ave { SEAst��►ve SE 2nall aoi� 4 r. q � Mfr SE 2nd Ave t W_: - - Horizons�N �S j O N' c Fill Page 20 of 65 Exhibit B LEGACY AT BOYNTON BEACH: FUTURE LAND USE E-Ocean-Ave MEDR _ , -SE 1-st-Ave � t� I W SITE � S E- nd Ave N d-Ave- Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre IMIXED USE HIGH (MXH), 80 D.U./Acre 0 45 90 180 270 Fit Exhibit C1 LEGACY AT BOYNTON BEACH: CURRENT ZONING E-Ocean-Ave a = SE=1-St=Ave W W SI E 0 W U S E i2 nd Ave d-Ave Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 Fit Exhibit C2 LEGACY AT BOYNTON BEACH: PROPOSED ZONING E-Ocean-Ave a = SE=1-St=Ave W W SI E 0 W U S E i2 nd Ave id-Ave- end Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 Fit EXHIBIT D. CRA PLAN FLU RECOMMENDATION ` ' FOR LEGACY AT BB SITE I �.YC I � � f mar ' til I ry t � P $ � r � w R....5onal(R) t i {x. - - Indusinal (1? Low Density Residential(LDR)5 du/ac 1Medum Density Residential(MDR)11 du/ac High Density iResidential(HDR)15 dulac =Special High Density Residential(SHDR)20du/ac Instiluationa9(PPGI) 9 f :,Local Retail Commercial(LRC) General Commercial(GC) ( j,,J�`, 't+�r�+l fxed Use Low(MUL)20 dulac Mixed Use Medium(MUM)50 dulac MMered Use High(MUH)80 du/ac TOD � f. Figure 43: Recommended Land Use for the Downtown District 87 Page 24 of 65 7.7.B. New Business 9/22/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/22/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. EXPLANATION OF REQUEST: The applicant is requesting to abandon (ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1St Avenue extending from Federal Highway east for a distance of approximately 175 (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20- 003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the attached analysis, staff has determined that the subject right-of-way no longer serves a public purpose other than retention of a utility easement, if warranted and therefore recommends APPROVAL of the request, subject to the accompanying conditions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services requiring capacity expansion. FISCAL IMPACT: The project will expand the City's tax base. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 25 of 65 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Location Map Exhibit B -Abandonment Area D Drawings Exhibit C ® Survey D Conditions of Approval Exhibit D ® Conditions of Approval Page 26 of 65 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-023 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan Principal Planner THRU: Ed Breese Planning & Zoning Administrator DATE: September 15, 2020 SUBJECT: Request for abandonment of a portion of the improved 45 foot wide right-of- way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet (ABAN 20-009). BACKGROUND The applicant, Evan Vlaeminck with GCI Acquisitions LLC is requesting to abandon(ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1 st Avenue extending from Federal Highway east for a distance of approximately 175 feet (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. This abandonment is for the following platted street segment: A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00"WEST ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and Exhibit"C" is a Boundary Survey of the portion of the right-of-way to be abandoned and its legal description. Page 27 of 65 Page 2 Memorandum No. PZ 20-023 ABAN 20-009 The following is a description of the zoning districts and land uses of the properties that surround the subject request. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: North: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of MU-Core (Mixed Use Core). South: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of Mixed Use Core (MU-C). East: The continuation of the right-of-way for SE 1St Avenue, then farther east developed multifamily with a Future Land Use classification of Medium Density Residential (MEDR) and a Zoning designation of Multifamily (R-3). West: Right-of-way for Federal Highway, then farther west a developed mixed-use project known as 500 Ocean Future with a Future Land Use classification of Mixed Use High (MXH)and a Zoning designation of Mixed Use Core(MU-C). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission 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, with the provision of the relocation of the existing utilities (see Exhibit D) Planning and Zoning No objection, with recommended condition (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost. AT&T No objection, with conditions (see Exhibit D) Florida Public Utilities No objection Comcast No objection, with conditions (see Exhibit D) Windstream No objection Page 28 of 65 Page 3 Memorandum No. PZ 20-023 ABAN 20-009 RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions based on the remaining street network in the immediate vicinity and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject right-of-way segment, located within the confines of the proposed development of Legacy of Boynton Beach, no longer serves a public purpose other than retention of necessary utility easements, if warranted and therefore recommends APPROVAL of the 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 "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\—Staff Report\_Staff Report ABAN 20-009.doc Page 29 of 65 Exhibit A PROPOSED ABANDONMENT - GENERAL LOCATION , VI : !� b - #� f § L W _ s 1 s,. I ff r Page 30 of 65 Exhibit B PROPOSED ABANDONMENT �- �� ) 75 )� -- �• �9s�y�(t lis}� t �,}sS�F1(� ) � � � �� - a 5 $r� y SSE� 1st Ave �� S p P t r I �s r 4' _ �•�_ �, � its�s , y Page 31 of 65 EXHIBIT "C" rim SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777®FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 LEGAL DESCRIPTION: (RIGHT-OF-WAY VACATION) A PORTION OF THE RIGHT—OF—WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00" WEST ALONG SAID EAST RIGHT—OF—WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO.1) BEING N00°00'00"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF PALM BEACH COUNTY. FILE: Cl RESIDENTIAL SHEF 1F 2 ,; THIS �:/tH I:ELALN NOR SCALE: N/A DRAWN: L.S. CpMPHD 2 ORDER NO.: 67201DATE: 5/18/20RIGHT-OF-WAY VACATION OHN �dPULICE, PROFESSIONAL SUA91❑ BET ° BURNS, PROFESSIONAL SURVPNBEACH,PALM BEACH COUNTY,FLORIDA ❑ VISOR R. GILBERT, PROFESSIONAL S6274 I RESIDENTIAL SITE STATE OF FLORIDA FOR: GC Page 32 of 65 EXHIBIT "C" cis SKETCH AND LEGAL DESCRIPTION cm BY SURVEYORS,PULICEE LAND 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E-MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 I=W LOT 5 LOT 96 LOT 95 N�. EAST LINE 1 I LOT 95 LOT 6 POINT OF LOT 94 LOT 93 LOT 92 LOT 91 LOT 90 LOT 89 LOT 88 25' BEGINNING ~1 LOT 7 SE'CORNER I THE I LAWNS" — LOT 95 PLAT BOOK 9, PAGE 69 LOT 8 SOUTH LINE r. L� LOTS 8, 95, 96 LU — Q r r �e O- NORTH RIGHT- O t� SqE 1 Sty YE , g/ o O OF-WAY LINE Ca L Z N8846'20'W 174.99' o SOUTH RIGHT- 07T IGHT- _ O C OF-WAY LINE NORTHI66 NE CORNER�65 U_ ILOT 10 ] LOT 66 ®_ X30 EAST LOT 66 wc'6LOT 67 LOT 68 I LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 j 11� LOT 65 LOT 66 "THE LAWNS"I �I 5' _ LOT 12 PLAT BOOK 9, PAGE 69 =Iw = LOT 13-+ � - - - —+ — � - - -� — - - - - � �Q Wo LOT 14� LOT 64 LOT 63 LOT 62 LOT 61 LOT 60 LOT 59 LOT 58 LOT 57 LOT 56 LOT 15� LOT 16 SE 2nd AVENUE FILE: Cl RESIDENTIAL $I-IEE"r 2 OF 2 THIS DOCUMENT IS NEITHER FULL OR SCALE: 1°'=80° DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO.: 67201 DATE: 5/18/20 RIGHT-OF-WAY VACATION BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA FOR: GCI RESIDENTIAL SITE Page 33 of 65 EXHIBIT "D" Conditions of Approval Project Name: Legacy at Boynton Beach File number: ABAN 20-009 Reference: 4th review of plans identified as a Abandonment 20-009 with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1. Per the City Utility Department, the approval of the requested abandonment is contingent on the relocation of the existing utilities. PLANNING &ZONING Comments: 2. The approval of the requested abandonment is contingent on the permitting and construction of the project within the allowable timeline permitted by the Development Order and/or the Building Division. UTILITY COMPANIES Comments: 3. Per Comcast, a new easement is required to replace the existing fiber and coax cable; the developer will be responsible for associated cost. 4. Per AT&T, active service on property 625 SE 2nd Avenue must be disconnected before demolition. 5. FP&L has not responded to the request for abandonment as of the date of this report. If easements and relocation of utilities are necessary the developer will be responsible for associated cost. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS 11 Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\_StaffReport\Exhibit D-COA ABAN 20-009.doc Page 34 of 65 7.7.C. New Business 9/22/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 9/22/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. EXPLANATION OF REQUEST: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to rezone the property from CBD (Central Business District) to Mixed-Use Core (MU-C). The second application, NWSP 20-003, is for New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25%. Lastly, an application for the Abandonment(ABAN 20-009) of a portion of SE 1st Avenue, east of Federal Highway has been submitted. The proposed project's main vehicular access point is located at SE 2nd Avenue, east of Federal Highway, with a secondary access point on SE 1St Avenue. The project's access design is contingent on the approval of three (3) Engineering Waivers. The architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the coastal architectural style. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services requiring capacity expansion. FISCAL IMPACT: The project will expand the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: Page 35 of 65 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit ExhibitAl ® PCN and Owner List D Exhibit Exhibit A2 ® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 36 of 65 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Craig Pinder, Planner II DATE: September 16, 2020 PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. PROJECT DESCRIPTION Property Owner: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agent: Brian M. Seymour, Gunster and Mark Rickards, Kimley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street (see Exhibit "A2" — Site Location Map) Existing Land Use: Mixed Use-High (MXH) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: CBD (Central Business District) Proposed Zoning: MU-C (Mixed Use Core) Proposed Use: Mixed use development with 274 multi-family units, approximately 12,422 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 2.76 acres Page 37 of 65 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 2 Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way for SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 61h Street; and West: Right-of-way of Federal Highway, then a mixed-use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to 2 Page 38 of 65 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 3 rezone the property from CBD (Central Business District) to Mixed- Use Core (MU-C). The second application, NWSP 20-003, is for a New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25% (see Exhibit C —Conditions of Approval). Lastly, an application for the Abandonment (ABAN 20-009) of a portion of SE 1St Avenue, east of Federal Highway has been submitted. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The project would generate 1,769 new daily trips with 59 AM peak trips and 138 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. The Fire Department has requested additional information to ensure that the drive aisles and turnarounds are meeting the City's requirements (see Exhibit C—Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. 3 Page 39 of 65 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 4 The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Additionally, the project has the opportunity to utilize the Downtown Stormwater improvement Watershed for a fee-in-lieu-of capital contribution (see Exhibit C — Conditions of Approval). Access: The proposed project's main vehicular access point is located on SE 2nd Avenue with a secondary access point on SE 1St Avenue. The projects access design is contingent on the approval of three (3) Engineering Waivers. The first Engineering Waiver is a request to reduce the driveway throat depth from the required 100 feet to 60 feet; the second request is to waive the require 12-foot-wide left turn lane for the left turn movement into the garage on SE 2nd Ave; the last request is to reduce the required 22-foot width of SE 2nd Ave to 20.9 feet (see Exhibit C — Conditions of Approval). A portion of SE 1St Avenue is proposed to be abandoned (refer to concurrent application ABAN 20-009) and will no longer connect to Federal Highway, but instead will provide direct access to the parking garage. In addition, the project also provides 20 on-street parking spaces to serve the retail uses on the first floor of the project. Sidewalks are provided along all street rights-of-way. The proposed sidewalks are a minimum of ten (10) feet in width and are lined with street trees for shade. The sidewalk along Federal Highway also abuts a covered eight (8) foot active area that may be used for outdoor dining and commercial uses. The project also proposes a private dog park along the eastern property line and a hardscaped plaza along the north property line to encourage pedestrian activity along the ground floor. There is limited pedestrian access from SE 2nd Avenue into the private amenities for the residents. Parking: Off-street parking for the MU-C zoning district requires 1.33 parking spaces for studios and one-bedroom units, and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 274 units (155 studios and one-bedrooms, and 119 two and three-bedrooms), which would require 404 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 41 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,422 square feet of retail, thereby requiring an additional 63 parking spaces (see Exhibit C — Conditions of Approval). In addition to this, the developer will maintain a parking agreement with Two George's to provide 20 parking spaces 4 Page 40 of 65 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 5 for their use. Under this standard methodology for calculating required off-street parking spaces, a grand total of 528 parking spaces would be required. The site plan proposes 530 parking spaces, an excess of two (2) spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90-degree parking and 8 feet by 22 feet for parallel spaces. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 510 vehicles. A resident gate would be placed in the garage with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer (see Exhibit C — Conditions of Approval). There are an additional 20 on-street parking spaces; ten (10) on Federal Highway; and ten (10) on SE 2nd Avenue. Landscaping: The Plant List (Sheet L200) indicates that the project would add a total of 100 canopy and palm trees, 297 accent and shrub specimens, and 1,469 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Natchez Crape Myrtle, Gumbo Limbo, Pigeon Plum, Yellow Bells, Cabada Palm, Alexander Palm, Royal Palm, and Sabal Palmetto. The applicant has chosen Coontie, Milkweed, and Firebush as butterfly attracting plants. Projects proposed in the Mixed-Use Core (MU-C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed around the private terraces and along the building foundation, and street trees placed between 5 Page 41 of 65 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 6 the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Lastly, a 15-foot wide urban landscape buffer is provided along the east property line; a wall is required within the buffer to mitigate impact to the adjacent property (see Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 2.76 acres. The proposed mixed-use buillding contains 274 dwelling units which are located above the retail spaces fronting Federal Highway and wrapping a central parking garage. Along SE 2nd Ave the building creates a large courtyard which allows for the ground floor amenity deck to be visable from the unit balconies. The retail portion of the project totals 12,422 square feet and provides an elevated covered arcade adjacent to Federal Highway. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. A portion of the parking garage is visable from SE 1 st Ave and is to be treated with a landscaped wall feature (see Exhibit C — Conditions of Approval). Of the 274 residential units, 20 are studio, 135 are one (1) bedroom, 93 are two (2) bedroom, and 26 are three (3) bedroom units. The units range in size from 650 square feet to 1,350 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the ground floor amenity deck. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use Core (MU-C) zoning district has a maximum FAR of 4.0. The project is also located within the"Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre; the project proposes a density of 99.3 du/ac. (based on a 25% density bonus gained from particpation in the Work Force Housing Program) and a minumum FAR of 2.0; the project has a proposed FAR of 2.91. Building Height: The maximum building height allowed in the MU-C (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at eighty-four (84)feet, with an overall height of approximately ninety-four(94)feet, 56 feet below the maximum allowable height. Along Federal Highway, the proposed building elevations show that the building steps back ten (10) feet at an approximate height of twenty-six (26) feet and then extends to its overall height. 6 Page 42 of 65 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 7 Setbacks: The MU-C zoning district requires no building setbacks, but rather a zero (0) build-to line with accommodation of the required pedestrian zone. The Land Development Regulations requires the building to be setback to allow for an enhanced public realm that includes 2.5 feet— 5 feet for street trees, 10 feet for sidewalks, plazas, and 8 feet for active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is between 23 feet and 25 feet. Along SE 2nd Avenue, the building setback is between 3.4 feet and 3.9 feet except for the areas of the ground floor amenity deck, which is setback to approximately 85 - 120 feet. The building setback along SE 1St Avenue is approximately 5 - 14 feet. The eastern property line abuts the adjacent property where the setback is 30 feet and includes a dog park with landscaping. Lastly, the building is setback between approximately 26 and 62 feet from the northern property line to allow for the required useable open space. Amenities: As noted above, the project proposes a hardscaped plaza at the northern end of the project which connects to the pedestrian zone along Federal Highway. In addition, a covered active area is proposed along Federal Highway to encourage a mixture of active uses along the exterior of the ground floor retail spaces, and pedestrian zones abut SE 1St Avenue and SE 2nd Avenue. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project has been designed with a large interior courtyard for resident use, containing the community pool, outdoor lounging areas, and lush tropical landscaping. The private amenities located within the building will include a host of programmed spaces on the ground floor and a rooftop amenity for the residents' enjoyment.The developer will also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project (see Exhibit C— Conditions of Approval). Design: The intended architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway and provides shade and protection. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black Page 43 of 65 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 8 window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the Coastal architectural style. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting SE 2nd Avenue steps back and wraps the ground floor amenity deck, creating a break in the building mass. This approach mitigates the impact of the building's height on the multifamily properties to the south. Along Federal Highway, the building maintains its mass along the length of the road and varies in height to create tower elements at the north end, middle, and south end of the building. As mentioned previously, the building facing Federal Highway is stepped back ten feet at a height of 26 feet in order to move the mass of the building farther from the pedestrian environment. Sustainability: Mixed use developments must achieve a minimum of 25 sustainability points (see Exhibit "C" — Conditions of Approval). The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non-roof -impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 Recycle & Waste Reduction Recycle Content in infrastructure For all new roadways, parking lots, sidewalks, and curbs. 2 8 Page 44 of 65 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 9 Recycle station \ dumpster area Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Green Wall - Provide a minimum of 600 square feet of an irrigated vegetated wall, which is visible from right- of-way or private amenities. 4 TRANSPORTATION Parking Structure At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheets PH-1 & PH-2) include 19 freestanding pole light fixtures, with pole height of 20 feet. The condition of approval requires the ground level poles and fixtures to match the design of the existing poles and light fixtures along 500 Ocean and Casa Costa. In addition, the condition of approval requires the spot reading to be a maximum of 5.9 foot-candles (see Exhibit "C" — Conditions of Approval). Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Team regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit"C"—Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\—Staff Report\_Legacy at Boynton Beach Staff Report(NWSP 20-003)DRAFT.doc 9 Page 45 of 65 EXHIBIT Al — List of Owners & PCNs 206 S Federal Highway 625 SE 2nd Ave 0010 Federal Highway 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 08-43-45-27-04-000-0131 Bowden INC Sara N Garcia Francisco and Olga Solis 1622 NE 4th Street 625 SE 2nd Ave#A 80 SW 15th Court Boynton Beach, FL 33434 Boynton Beach, FL 33435 Boca Raton, FL 33486 SE 1St Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 212 S Federal Highway One Twelve South Fed Maria CS Ruggeri 08-43-45-27-04-000-0150 Hwy INC 3549 Harbor Cir Downtown Properties of W Bingham c/o PO Box South Florida LLC 1182 Delray Beach, FL 33483 4283 Fox Trace Boynton Beach, FL 33425 625 SE 2nd Ave 0030 Boynton Beach, FI 33436 SE 1St Avenue 08-43-45-27-04-000-0030 08-43-45-27-04-000-0670 Linda and Christopher Chiodo Joseph W Scaggs 2515 SW 13th Ct 728 Casa Loma Blvd Boynton Beach, FL 33426 Boynton Beach, FL 33435 625 SE 2nd Ave 0040 SE 1St Avenue 08-43-45-27-04-000-0040 08-43-45-27-04-000-0710 Howard and Marianne DSS Properties Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 46 of 65 LOCATION MAP Exhibit A2 x E an Ave N � e �t � e t �� a a SE�1stAve 1 yam.. p } t s� if SE2nd Ave a, � s Page 47 of 65 Exhibit B — Project Plans Page 48 of 65 oZOL/eo/6o�Ltl°HHf 1j HOV36 NOLNd09 IN" sosce OII IVUN30232J IOS w o oz �N�53�d�� N ��ozo�� sw erv�Nw�,ti oma.a3 � Nd1d �l�s ao�a3avd3ad o 'ad'dwntaoe avnwsor Noaoa adas� �OV39 UJOH��(Aalwi000zaoeL NOINAOS J.OVSEI1 v ��3�oad HHH 6R F� W - J U u v a� <m pAQ< mss 133aiS H19 35 s _ El 6.0 �uw r w w0. 1 1 ea - � nnenen a nnn �a m8 u yu d - 3 t d'3=^ LLEo� T 11 NO u o z ®I g o..o.o-o.E� �LLLL oz��c ----49999499--,0 - �Wd � o000000000aownu w ooa000 E > n 4g 'a �C mao 0-0 4 - 55 m - a a<IrW a --g x� `$ Z w p W 0 g �zzs �zz= - LL H FT Hm eff s o. n W w v . , g a nZ h € W k H f 23 I OY o{ m e , b b mmm.m mmmmmmm,. o � E mmmm ..,,"":`.:=4 /.VMH`JIH ]Vd343J 5 ... .. ... 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E m xl W Nm LLLL�� E�m t 40000 � uF v n� Iv o , q w v p a Eo w 'o mY — s� o= �m �a =�vo �v z E gva�000 n LLL i. IM 41 y LJ M ... .m m�m 1/7 1 NI[ � � Page 56 f 65 b ^ �kW hs-tli E� u aa� ------------------- -7a, x Hill HIM �� r ��, n' v 1111111■I'A� �P � :� r, ■�:1�:1�1 I � I NO OUR WHOM 4 ' n I 4A, � } f 77 �i qctcc�d q O�UA09 '4-�H V�—N -M J-xdnO,'d 0 NN I(I S, °1e e�OeeSBZ HDV39 NOiN),O9 iV),:)VE)31 earns l3VdWl wnslA U t Fa Page 58 of 6 0.,d,, .,�a,a--F EXHIBIT "C" Conditions of Approval Project Name: Legacy at Boynton Beach (GCI Residential) File number: NWSP 20-003 Reference: 4th review of plans identified as a New Site Plan with a September 8, 2020 Planning- and lanningand Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. City has received an Engineering Waiver request for the driveway throat depth at the SE 2nd Ave access. The plan appears to have 60 ft in lieu of the required 100 ft. Please provide additional information to support the request. The project is conditioned on the waiver's approval. 2. The left turn movement into the parking garage on SE 2nd Avenue may require a 12 foot wide left turn lane. Prior to permitting revisions to the design of SE 2nd Avenue are required or the submittal of an Engineering Waiver Request. 3. SE 2nd Ave shall be 22' wide per the City's Engineering Handbook Detail P-1 "Roadway Design Criteria". The current proposal does not meet this requirement. There is existing back-out parking on the south side of the road that is encroaching onto the ROW. If this cannot be met submit an Engineering Waiver Request with an engineer's justification an opinion regarding any added safety elements included in this design that will allow these spaces to continue to function safely. 4. Prior to construction, developer shall submit a construction staging plan to the Engineering Department. The plan shall indicate the approach to construction parking, materials staging and other aspects of construction coordination. The plans shall also indicate what will be done to keep traffic from using the driveway between 618 and 630 E Ocean Drive to access the GCI site during and after construction. 5. Prior to building permit approval, the Developer shall provide evidence of screening the residential windows along the south side of SE 2nd Avenue, specifically 610 SE 2nd Avenue, from vehicle headlights. 6. Prior to building permit approval provide a plan and document detailing the parking configuration and locating where residents, visitors, employees, and retail customers will park in the parking garage, and the location of access gates. Should the gates cause traffic to stage into the City's right-of-way, post development, the City reserves the right to require the removal or relocation of the Page 59 of 65 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 2 of 6 DEPARTMENTS I INCLUDE I REJECT gates at the Developers expense. 7. Prior to permitting the site drainage calculations and plans, including any existing drainage the site may be receiving from off- site, shall be submitted and approved by the City and the SFWMD and/or DEP. Should the drainage design require changes to the site plan, the developer shall be required to apply for a site plan modification. 8. Note that the existing 48" RCP in the FDOT ROW is the main trunk line serving 500 Ocean and NE 4th St basin and cannot be taken out of service and rerouted without an acceptable temporary bypass. 9. The trash service shall be a dock height, roll off type compactor unit. Provide a narrative that describes how trash removal will be handled for the project. Be sure to discuss residential, retail and City Sanitation Division perspectives. How and where will bulk trash be handled? 10. Prior to permitting provide a narrative describing how the delivery area will be used and what steps will be taken to keep vehicular access open at all times. Note that services provided to this site will need to be able to be provided without accessing private property. 11. Provide an AutoTurn simulation for the City's ASL solid waste trucks. 12. The access to the dumpster is designed as the City's standard detail for a Shunt turnaround (see detail P-11). This detail requires a 50 ft stub out with a 30' radius. Revise plans accordingly. 13. Relocate the proposed fire hydrant across the street from the loading zone further east as its current location interferes with the turning radii. 14. The developer is responsible for replacing the existing FPL street lighting with underground wires and decorative street lighting to match the west side of Federal Highway and City standards. 15. If the project is utilizing the Downtown Stormwater improvement Watershed then provide documentation that shows there is available capacity. The "fee-in-lieu-of' capital contribution for properties utilizing the installed storm water treatment and/or Page 60 of 65 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 3 of 6 DEPARTMENTS I INCLUDE I REJECT conveyance facilities within that watershed are as follows: A. Capital cost per impervious square food for water quality is $2.05 B. Capital cost per impervious square foot for water quantity is $0.18 C. Total capital cost per impervious square foot for Water Quality and Quantity is $2.23. The Fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Watershed. FIRE Comments: 16. Provide a detail of the proposed fire engine turnaround on 1St Avenue, include all the applicable dimensions. 17. Provide a plan showing a 300' radius from the center of each fire hydrants to ensure Code 9-32b is being met. 18. Provide a note on the plans that states access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 19. Per City Ordinance, the Park Impact Fee is based upon a factor of $595 per unit for multi-family dwellings. Based upon the proposed 274 units, the fee will be $163,030 (274 X $595) due at time of building permit issuance. Page 61 of 65 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 4 of 6 DEPARTMENTS I INCLUDE I REJECT PLANNING AND ZONING Comments: 20. The Abandonment application is lacking consent forms from Utility providers. The Site Plan approval is contingent on the approval of the Abandonment application (ABAN 20-009). 21. The Art in Public Places form is incomplete. Please indicate the proposed value of the project, the 1% Art Fee, and the 30% and 70% figures. The Art proposal is to be approved by the City's Art Commission. 22. Enhance the proposed green wall/ landscaped facade and architectural elements on the east facade to better screen the portion of the garage that is not wrapped and is visible from off- site. Ensure that parked vehicles and sloped ramp cannot be seen. 23. Please provide a drawing depicting how the direct pedestrian route from the garage parking to the commercial spaces and Federal Highway sidewalk will be enhanced, and signed, in order to ensure it is easy for those parking in the garage to locate and follow. The drawing should show an interior view of the garage, depicting signage directing the public to the pedestrian corridor, and how this doorway will be enhanced and signed to easily catch the eye of someone who just parked and is looking for that doorway. 24. Per the Sustainability Code, please provide, and label on the plans, one (1) Level 2 Electric Charging Station capable of servicing two (2) parking spaces for every 50 units, or fraction thereof, plus one (1) for the non-residential component of the project.. 25. Please provide a detailed typical floor plan for the studio unit, including square footage. Page 62 of 65 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 5 of 6 DEPARTMENTS I INCLUDE I REJECT 26. The proposed lighting levels on the roof of the garage exceed the maximum allowed foot-candles. Please reduce the levels to meet the maximum foot-candles allowed by code (5.9). Staff recommends lowering the height of the light fixtures on the roof to reduce the impact. 27. Per the City's Sustainability Code, please indicate on all Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 28. The applicant will be placing, at their cost, all overhead utilities below ground around the perimeter of the site. 29. Please depict location and footprint of the proposed PalmTran bus stop. Additionally, please provide a letter of concurrence from Palm Tran. 30. Provide a detail drawing of the proposed bus shelter, designed utilizing architectural elements, materials and colors matching the proposed building. 31. A Sign Program will need to be submitted and approved prior to issuance of any signs for the project. 32. Prior to issuance of any permits, a narrative and phasing drawing shall be provided outlining how the required Two Georges Restaurant will be provided throughout the construction of the project. 33. The proposed landscaping along the east side of the project is required to meet the Urban Landscape Barrier regulations. Please revise the drawings to meet those requirements. 34. Provide a detail of the decorative 6' tall buffer wall to be located within the landscape barrier along the east property line. 35. Please clearly indicate the location of the required bike racks, including the architectural design of the covering, if not located within the building. 36. Please correct the parking calculations for the non-residential uses at 1 parking space per 200 square feet, then revise the total parking calculation total for parking required and parking provided. 37. Provide a detail of the proposed fence/wall separating the amenity area from the public sidewalk. Proposal should include architectural enhancements and possibly an integrated green Page 63 of 65 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 6 of 6 DEPARTMENTS I INCLUDE I REJECT /vine wall feature or public art. 38. The project's approval is conditional on its participation in the City's Workforce Housing Program. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)\NWSP 20-003\_StaffReport\COAs\Legacy at Boynton NWSP 20- 003 COA.doc Page 64 of 65 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) APPLICANT: Evan Vlaeminck, GCI Acquisitions LLC APPLICANT'S ADDRESS: 25101 CHARGIN BOULEVARD, SUITE 300, BEACHWOOD, OHIO 44122 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. LOCATION OF PROPERTY: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street DRAWING(S): SEE EXHIBIT "B"ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\_StaffReport\NWSP 20-003 DO.doc Page 65 of 65