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Agenda 02-06-23 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Monday, February 6, 2023 TIME: 6:30 PM PLACE: City Hall Commission Chambers 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 4.A. Approve board minutes from the 11/29/22 Planning & Development Board meeting. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Approve modifications (CDRV 23-003) amending the LAND DEVELOPMENT REGULATIONS, Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services, Section 2. Standard Applications, to establish a process for proposed Development Agreements. 7.B. Approve modifications (CDRV 23-002) amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, to modify requirements for commercial frontage within the Boynton Beach Boulevard Overlay. 7.C. Approve modifications to modify the existing methodology for the Payment in Lieu of Workforce Housing Units program; to include an FAR bonus; and to clarify the receiving areas for height, FAR, and density bonuses (CDRV 23-001) by amending LAND DEVELOPMENT REGULATIONS, Chapter 1. Art 11. Sec 2.C.11. In-Lieu and Off-Site Options (related to the Workforce Housing Program). 7.D. Approve request for Major Master Plan Modification (MPMD 23-004) of the Boynton Beach Town Square development to amend the number of buildable dwelling units, revise project phasing, reduce the commercial use areas, and decrease the number of hotel rooms. The subject properties are bounded by Seacrest Boulevard on the west, NE/SE 1St Street on the east, E. Boynton Beach Boulevard on the north, and SE 2nd Avenue on the south. and are currently zoned MU-3 (Mixed Use 3). Applicant: Robert Singer, Time Equities, INC. 7.E. Approval of The Pierce Rezoning (REZN 22-001) from Central Business District (CBD) to Mixed- Use Core (MU-C) with a master plan for 300 multi-family residential units and 17,015 square feet of commercial square footage. Applicant: Jeffery Burns, Affiliated Development 7.F. Approval of three (3) applications for abandonments to vacate a portion of an alleyway located within the northern section of the proposed The Pierce development AKA North Alley (ABAN 22- 001), a portion of NE 1st Avenue (ABAN 22-002), and the full length of an alleyway located within the southern section of the proposed The Pierce development AKA South Alley (ABAN 22- 003). Applicant: Jeffery Burns,Affiliated Development 7.G. Approval of four (4) Community Design Appeal requests (CDPA 22-002, 23-006, 23-007, & 23- Page 1 of 190 008) for Chapter 4, Article III, Section 6.F.2.c, Freestanding Parking Garages, prohibiting freestanding parking garages from having frontage on any arterial or collector roadway, to allow for alternative design solutions for the freestanding parking garage as proposed. Applicant/Agent: Jeffery Burns, Affiliated Development 7.H. Approval of a Height Exception (HTEX 23-001) for Chapter 4, Article III, Section 6.F.2.c. to exceed the maximum height of 75 feet for a freestanding parking garage to allow for a height of 77 feet 11 inches for the egress staircase. Applicant/Agent: Jeffery Burns, Affiliated Development 7.1. Approval of a New Master Plan (MPMD 22-005) and New Major Site Plan Modification (NWSP 22-004) application for a mixed-use development consisting of an eight (8)-story building with 300 dwelling units, 17,089 square feet of commercial space, associated recreational amenities, and parking on a 3.04 acre site. Applicant: Jeffery Burns, Affiliated Development 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 fifteen 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. Decorum Any person who disrupts the meeting while addressing the Advisory Board may be ordered by the presiding officer to cease further comment and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Advisory Board members present. 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 190 4.4.A. Approval of Minutes 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve board minutes from the 11/29/22 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 APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 11/29/22 Minutes Page 3 of 190 MINUTES PLANNING AND DEVELOPMENT BOARD ' 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, NOVEMBER 29, 2022, 6:30 P.M. PRESENT: STAFF: Trevor Rosecrans, Chair Amanda Radigan, Planning and Zoning Director William Harper Craig Pinder, Planner H Chris Simon Michael Cirullo, Assistant City Attorney Courtlandt McQuire Leslie Harmon, Prototype, Inc. Thomas Ramiccio, Alternate ABSENT: Tim Litsch Butch Buoni, Vice Chair Jay Sobel Lyman Phillips, Alternate OTHERS: Jeff Burns, CEO of Affiliated Development Elliott Young, Landscape Architect Michael Reiner, Land Use Attorney The meeting was called 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 Motion by Mr. Simon, seconded by Mr. Ramiccio, to approve the agenda. In a voice vote, the motion passed unanimously. (5-0) 4. Approval of Minutes 4.A. Approve board minutes from 10/12/22 Planning & Development Board meeting. Motion made by Mr. Simon, seconded by Mr. Ramiccio, to approve the October 12, 2022 meeting minutes. In a voice vote, the minutes were unanimously approved. (5-0) Page 4 of 190 Meeting Minutes Planning and Development Board Page 2 November 29, 2022 5. Communications and Announcements: Report from Staff Amanda Radigan, Planning and Zoning Director, provided a few updates on items previously presented to this Board. The first was a minor amendment heard by the Board and the second was a commercial requirement amendment. Both were approved by the City Commission and are now codified. The last update heard last month was the height reduction item, which was tabled at the last City Commission meeting. Comments were provided and direction was given from the City Commission. The table was to create a new set of standards, so instead of reducing the heights of existing zoning districts, they would be creating a new zoning district called Mixed-Use Downtown. That item will be heard for First Reading at the December 6, 2022 City Commission meeting and following up with a Second Reading. That is moving forward in a little different form that was presented to the Board and there will be access to that agenda, which was published today. Mr. McQuire asked if the Board is going to get a copy prior to the next Commission meeting. Ms. Radigan clarified that the item will be presented at the December 6, 2022 City Commission meeting for First Reading. Mr. McQuire asked if it would be significantly different than what the Board approved. Ms. Radigan replied yes, it changed form. Instead of a reduction to existing zoning districts,the discussion at the City Commission meeting was to create a new zoning district that accomplished all the things discussed by the Board. The new zoning district proposes a reduced height of 85 feet, a reduced FAR of 3.5 and a reduced density of 70. Also in that amendment, they retired and moved forward, so it keeps the zoning districts on the books and valid for anyone who has it,but it limits the use of those zoning districts in the future. Any other development that comes in would now be rezoned to Mixed-Use Downtown. Mr. McQuire commented that this was predominately to accommodate two people who attended the last meeting, so they could maintain their existing height at 150 feet. Ms. Radigan could not speak to that. She thinks this was done in a response to concerns and a desire to do more than just reduce heights. She believes this alternative allows for more to be accomplished and to limit possible exposure to litigation. Mr. McQuire mentioned one party did not apply, and the Board talked about possibly having an Addendum, allowing the parcel situated on NE Ocean Avenue and Federal Highway to maintain if it is a hotel. He is trying to get an idea as to what will be presented to the Commission at the first and final vote and how different it is. He would like to see an outline if possible. Ms. Radigan advised she can send a follow up email attaching a draft of those amendments as they currently stand. The draft presented only addresses height and she thinks this is a much more inclusive look at responding to some of the Board's comments. The idea is moving towards the Downtown Page 5 of 190 Meeting Minutes Planning and Development Board Page 3 November 29, 2022 managing them for traffic. She thinks this approach allows them to do more and minimize exposure legally. Mr. Simon questioned if the City Rezoning Map will be redrawn and if so, when it will occur. Ms. Radigan stated they do not actively rezone properties; those are private applications. Whenever anyone is requesting to rezone is when the Map changes. Mr. Simon commented that they are adding a new zoning district. Ms. Radigan clarified they are adding a new district to the LDR's. Once that district is applied to land the Zoning Map changes. Mr. Simon understood it will be in written form until an applicant comes in. He questioned where the locations are and what restrictions would apply with the new zoning district. Ms. Radigan indicated it is loosely the remaining redevelopment area of the Downtown area. She can attach a Map that shows where this will apply. The Map will show everything currently shown as CBD that will have the potential to rezone if they so choose and fill out an application with the City. Mr. Simon asked if the new zoning district is to retain the height of 150 feet or if all the other areas around it drop to the 85 feet. Ms. Radigan stated anything rezoned under the new zoning district will be under the new regulations, which is 85 feet height,70 density,and 3.5 FAR.Anything that is entitled already under MU-4 will remain. Mr. Simon commented that it will not necessarily appear as a district, it will be on a lot per lot basis, so there might be one lot developed at 150 feet and the lot next door is restricted to 85 feet. Ms. Radigan indicated that everything built has been around 85 to 90 feet. She would think of Mixed-Use Downtown as a transition district to step down into the Federal Highway corridors because what has currently been rezoned is like the four corners of the core and what is left is the next tier. There will be situations where it is next door because it is being used as a transition district. Mr. Simon mentioned stepping down is towards the main intersections rather than back towards the single- family residences. Ms. Radigan clarified she is suggesting north and south in the less intense Mixed-Use districts. There are a lot of specific standards east and west. It would retain the maximum, but the way the LDR's are constructed, there are different measures if someone is on the Intracoastal or against single-family. Residential compatibility standards would apply no matter what the zoning district is. Mr. Ramiccio commented that it is exciting they are going to transition from the TOD concept of 18,000 apartments and 1,200 businesses within a half mile of the proposed Rail that probably will not happen. Page 6 of 190 Meeting Minutes Planning and Development Board Page 4 November 29, 2022 When this issue was addressed at the last meeting, he thought everyone understood the two Mixed-Use districts have vested rights; those that have projects and have been approved by the Commission and the Planning Board. The Board talked about many things and wanted to make sure the Commission codified the vested development rights that have already been approved with the height and density as was originally invested in their rights. Going forward, he looks at this new Downtown district as an overlay district that lays over top of the Downtown, and those that already have vested rights are being protected, but it allows the opportunity for some new concepts like the boutique hotel, and focus on design and standards for the Downtown, with a destination district. It opens them up to some new ideas in the future but protects the vested rights in lieu of other potential litigation that could come before the City. This focuses on the quality of development and creates things people want such as restaurants, shops, live entertainment, al fresco dining, etc. 6. Old Business -None. 7. New Business 7A. Approval of Variance (ZNCV 23-002) of Part III, Chapter 4, Article 11, Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12)-foot buffer, to allow for a five (5)-foot wide landscape buffer, and the elimination of the requirement to provide a six (6)-foot tall masonry wall. Michael Cirullo, Assistant City Attorney, swore in all individuals providing testimony. Jeff Burns, applicant, and CEO of Affiliated Development, provided a brief presentation of the project as follows: • This project was part of an RFP that was issued through the CRA, dating back to October 2021. • The site is comprised of property that runs between Ocean Avenue, Boynton Beach Boulevard, Federal Highway, and 2nd Street. • They are looking to utilize some of the current public rights-of-way; there are a few alleyways and a road that runs through the middle they will be utilizing for purposes of this development. • They want a visible presence from the corner of Ocean Avenue and Federal Highway and believe this is an important corner in the district. They want to create pedestrian connectivity and a presence, as this should be a Downtown. • This will be an eight-story, Mixed-Use Multi-Family development featuring 300 residential units with a public private parking structure in the middle of the project and access to the building through a common corridor. They will have everything from restaurants,retail, and office;the goal is a live, work, play atmosphere to give vitality in the evening and during the day. They want this to be an active location at all hours. • Hoping the long-term outlook on this site becomes a transit-oriented development with use of some Light Rail, they want to be sure to account for that in the early stages of design should that be the case. Page 7 of 190 Meeting Minutes Planning and Development Board Page 5 November 29, 2022 • One unique aspect of this project is that half of the 300 units will be dedicated for people who are currently cost burdened in the community for Workforce Housing. They will be giving the people a luxury Class A experience at an attainable rent,which is pursuant to their development agreement with the CRA. • Site Plan: One of the reasons for the variance request is the location of the garage. It is important they create activity along Ocean Avenue and Boynton Beach Boulevard. They have an agreement with Hurricane Alley,who has agreed to go to Boynton Beach Boulevard,which will help activity at that end of the development and help ignite additional repurposing and more active uses along Boynton Beach Boulevard. • Along Ocean Avenue they have primary active uses with a standalone restaurant, additional retail spaces, and an additional longer, more suitable area for clothing and fast casual dining along 2nd Street. There will be a drop-off corridor for the main building and the entrance of the garage as people enter off Federal Highway. • The garage is an important part of the variance because it is important to have it centrally located to enhance the pedestrian experience;they wanted to connect it to the building so people have safe access into their building as much as possible. He assured every inch of the garage was squeezed in an attempt to avoid the variance request. • There is a 12-foot landscape requirement, which is new to them in an urban location, and an existing wall, so they are asking to provide a five-foot landscape buffer,which will be treated with landscaping to help the appearance. • They have talked with the adjacent property owner and showed them their proposal and they are happy and comfortable with it should they continue to operate at that location. Elliott Young,Landscape Architect, continued with the presentation.Although the buffer is dimensionally narrower than the requirements, the first floor of the parking structure was set back to allow the entire 12 feet to be achieved at the narrowest end of the property, which was part of the hedges required as part of the buffer underneath the overhang in the second story of the garage. The second story is almost 15 feet above grade level, so there is plenty of natural light hitting the landscaping. The variance is requesting elimination of the wall in case the required masonry wall is placed along the property line, which creates a cavern area between the parking structure and property line, which they feel is potentially a safety concern for traffic accumulation, and landscaping would not thrive successfully if the wall were obstructing natural light. They are still able to place palm trees as well as Buttonwood trees in the buffer where tree spacing is provided. The code states a minimum of 20' to 30' and they are proposing 10' on center for those trees, so it is two or three times the code requirement. Meeting the hedge requirement, which is also part of the buffer, would be partially underneath the overhead structure, but also under the tree areas. The landscape plan shows the placement of trees, hedges, and groundcover, and the column structure of the parking structure can be seen. Mr. Burns stated when talking about criteria,they feel the parking garage is an important location for them to do a good job activating the entire site providing a nice pedestrian experience, focusing as little mass on Ocean Avenue as possible and as much of an inviting experience along Ocean Avenue. Without having parking centrally located,it could be harder to access from all points of the project. They believe a masonry wall would create a safety concern with trash accumulation and other things. Public parking garages tend Page 8 of 190 Meeting Minutes Planning and Development Board Page 6 November 29, 2022 to accumulate more trash than private garages, which they do not want to encourage. The project meets the code and all other requirements. They have been through many iterations with staff and the project is better than it was when it was originally proposed. Chair Rosecrans open discussion to staff. Craig Pinder, Planner,provided a brief presentation on the project as follows: • The request is for a relief to the urban landscape buffer(Type 2),which requires a minimum width of 12 feet to the landscape buffer. The applicant is requesting a reduction or variance of seven feet to provide a five-foot landscape buffer. • Currently, the project is under review. There are several applications submitted for the Major Site Plan, Major Master Plan, Rezoning, three abandonments, and several Relief Applications. There are four Community Design Appeal applications for the parking garage, one for each elevation for the treatment of the parking garage, and the Variance Relief. • As the applicant stated, the proposal is for an eight-story, Mixed-Use building with a mix of approximately 17,500 square feet of commercial, 301 dwelling units, a freestanding parking garage, and private and public open spaces. The parking garage is a total of eight floors, approximately 74'6" in height, and the parking garage itself will contain 567 parking spaces with a total of 585 spaces provided on the site with some on-street parking as well. As proposed, with all the square footage and dwelling units, the project requires a total of 569 parking spaces. • The project location is within the Downtown, it is west of North Federal Highway and east of the FEC Railroad tracks. To the south of the site is 500 Ocean, east of Federal Highway is Marina Village, and to the northeast would be Casa Costa. The purple rectangular area shown on the slide is the proposed parking garage. • The required landscape buffer is 12-foot to 15-foot in width. Pictures on the screen show the proposed location of the parking garage, so that is the approximate outline of the property. • The area outlined in green is the approximate area of the required landscape buffer, so the image gives a street level visual of what that area can look like. • The rectangular area in gold and yellow is the proposed reduced buffers, so approximately half the width of what would be required. • An image of the landscape plan was shown. The applicant explained the difference with the required buffers, so the green rectangle shows the full width including the yellow rectangle,which is the representation of the reduced width. • A few elevations show the proposal in action. He pointed out that the vertical dashed line on the parking garage east elevation represents the property line and shows the distance between the property line and the face of the parking garage. Staff reviewed the applicant's responses to the review criteria and can say the last two criteria with the variance granted is the minimum variance. Staff is in agreement as far as the required and requested elimination of the buffer wall as well as the width based on the footprint of the parking garage. The applicant has requested the minimum to allow for construction of the parking garage as proposed. Granting of the variance will be in harmony with the general intent. Staff is also in agreement with the justification Page 9 of 190 Meeting Minutes Planning and Development Board Page 7 November 29, 2022 provided by the applicant because the last statement provided will still meet the intent of the code to provide the level of screening, which is landscaping. Staff is recommending denial due to the following reasons: • The parking garage and development itself is a new development, so the applicant does have the opportunity to reduce the overall size and intensity of the development, which would give them the opportunity to reduce the size of the parking garage because there would not be as many parking spaces required for the site. • There are no special conditions existing that are peculiar to the site or land. Again, reflecting to Point 41, everything is new, and the applicant has flexibility with proposing the location and size of the parking garage, and granting the variance can give a special privilege to the applicant that may not be available or considered for other land within the same zoning district. Should the Board decide to approve the request, staff recommends the following conditions of approval: • Green wall treatment along the east facade of the parking garage. • Provide an enhanced pedestrian connection through the garage to the north end of the site where the proposed Hurricane Alley is to be located. Chair Rosecrans opened Public Comments. Hearing no discussion, Chair Rosecrans closed Public Comments. Mr. McQuire questioned what happens if the project is approved and the ice cream store wants to expand to eight stories. Ms. Radigan replied in theory, it is a possibility; however,to rezone to a similar rezoning district, she does not believe the existing parcel is large enough. Ideally, they would have liked to see this come in as a project that is inclusive of that parcel,but since it is not included, it creates an intensity difference between the existing parcel and the proposed parcel, which is the reason for the required buffer. Should the ice cream parlor redevelop, they would be held to the LDR depending on what zoning district they are redeveloped under. Staff will take into consideration any safety issues that come up through Site Plan review. Mr. Simon asked what the setback is for the portion of the property for the first and second floors. Ms. Radigan indicated according to code,there is technically a zero to build to line,unless something else is in effect. In this case since there is an intensity difference between this proposed rezoning and the existing lot,the requirement for the 12-foot buffer is in place. The requirement is a 12-foot buffer, which means it is a 12-foot setback comprised of a wall and landscaping that is clear to the sky. The proposal would essentially provide that at the first floor and an overhang over half of it on the subsequent upper floors. Page 10 of 190 Meeting Minutes Planning and Development Board Page 8 November 29, 2022 Mr. Simon thinks the encroachment of an overhang in a required buffer is an issue. He asked if the wall is required to be on the property line or if it can be within a certain distance from the property line. Ms. Radigan stated the way the code is written, the wall is required in between the buffers. The way it is set up with flexibility, the wall is usually six feet and then six feet to allow access to the other side for maintenance issues. In the past, they have approved with adjoining property consent to move the wall to the far end if the adjacent property wants; most of the time they want the landscaping and not the wall. Mr. Simon commented that no one wants the wall against the property line in this situation, certainly not the adjacent businesses. If they are going for a variance of the reduction down to five feet in some areas, the wall is unnecessary; the wall is the garage itself. He mentioned the elevation and the 12-foot and five- foot plan view and noted the slide shows what looks like palms in the green area and asked if those are palms or trees in the front. Mr. Young replied trees are in the front and palms are situated under the eave. The orange area has two types of trees based ten feet on center, which is double the space required by the landscape buffer. Mr. Simon asked if the Green Buttonwoods should be greater than a ten-foot diameter at maturity. Mr. Young stated the top of Sabal palms are 40 feet at full growth height. They are shown in a line, but they have the flexibility to be staggered. Mr. Simon questioned the projection of the overhang from the wall itself in the buffer. Mr. Young replied it goes to the edge of the green line. Mr. Simon mentioned a small circle symbol and asked if those are columns. Mr. Young stated the dark squares are the columns. The green area is a hedge that meets the requirements of the buffer; that hedge can also be underneath the trees and will fill in the entire buffer zone. Mr. Simon commented that all the palms and trees are positioned east of the overhang. Because of the columns, it almost read that one or the other was illustrated incorrectly. Mr. Young indicated the section on the right side of the image shows the garage on the left. Mr. Simon mentioned with that view, the palms on the right side between the wall and the property line are down to five feet to eight feet at best. Mr. Young advised it would be five feet at the narrowest because the property line is at an angle. Mr. Simon mentioned Royal palms in that location and noted that a canopy on a Royal palm is upward of 25 feet diameter. Any palm planted in that location will grow away from obstructions. When there is a canopy wider than the space provided, it is going to grow more than the distance from the obstruction. Page 11 of 190 Meeting Minutes Planning and Development Board Page 9 November 29, 2022 Every palm planted in that line over time is going to grow away from the wall and the canopy is going to be situated over the neighboring property. It is not an effective means of screening for the wall itself without encroaching, obstructing, or taking away from the buildable verticality of the neighbor to the east. He thinks it is a poor choice of material given the space allowed for the material itself. Then there are issues and legally, a neighbor can cut what is on their property at the property line assuming it does not damage, injure, or kill the tree or palm, so they could not technically cut the entire trunk and head of the palm down, but it is a means for a little bit of controversy between neighbors. It would be wise to change that out. Mr. Simon commented that the presentation shows they already meet the maximum allowable height for the parking garage, so they cannot reduce the footprint and go any higher because they are already maxed out. He is confused regarding access;there is a livable space on the southern end of the lot, but he does not see how people are making their way to the other portion of the space, which has canals and a restaurant on the north side. There is no real means of transition from Point A to Point B on the Site Plan; variances are for existing nonconforming conditions. Existing lots cannot do certain things due to code and setback changes, so a variance must be sought. This is a vacant piece of land that does not have restrictions on the lot. He thinks they could modify that aspect and come back with something that does not need a variance. In his opinion, he does not think the Board should approve this because it is very early in the stages of development, and they would be setting a precedent. It would be his opinion to deny. Mr. Harper asked what the developer loses if the variance is denied, residential or parking spaces. Mr. Burns indicated they have looked at many iterations of this project and there are many moving parts. They made agreements with the CRA to provide a certain number of public parking spaces in addition to spaces needed for servicing the development and for residential commercial tenants. Parking has been their biggest challenge, mainly because they want to provide as much walkability and outdoor amenity spaces as possible. They can extend the garage and take up more surface area, but he thinks that would take away from the functionality of the site as a whole and how people get around. He pointed out they have commercial space on 2nd Street, and they have created a pathway to create a nice pedestrian experience while moving from Hurricane Alley through the park onto Ocean Avenue restaurants, as that is the path most people will take. They would lose many units and probably would have to reduce their commercial areas. He thinks they were successful in winning the RFP because they were creating a little bit of everything, residential, office, and retail, and they are a significant revenue generator for the City. They would hate to lose units and parking since that dictates a lot in the overall Plan. Mr. Harper asked if this would be doable if it were to pass. Mr. Burns stated staff has said if approved the variance would be approved on the condition of two items. He does not believe they have any issue on the east facade of the parking garage incorporating green wall treatment,which is effectively what they are doing with the landscape buffer.As far as providing enhanced pedestrian connectivity through the garage, they are providing some walking lines, but pedestrian paths are not typically provided in parking garages. Mr. Harper mentioned this is his fourth meeting and he has heard the City wants a Downtown. The way to get that is by working with developers to bring those items Downtown that promote, grow, and bring people to the center. He disagrees with Mr. Simon and thinks there is no reason why they should not be Page 12 of 190 Meeting Minutes Planning and Development Board Page 10 November 29, 2022 able to work with them on the seven feet. The ice cream parlor is currently a small building and the area where it is currently located probably will not always be a little ice cream shop. He does not see having 301 units and a walkable area to restaurants and other places impacting other businesses other than positive. He recommended granting the seven-foot variance. Mr. Ramiccio questioned how wide the proposed sidewalk will be facing Ocean Avenue. Mr. Young replied the sidewalks will be ten feet on all streets of the development. Mr. Ramiccio asked staff if this will continue along Ocean Avenue east on both sides to accommodate dining, outdoor cafes, and allow the five or six feet required for handicap passage. Ms. Radigan indicated the requirement would be a ten-foot sidewalk; they are also required to provide an active area of eight feet and a street tree area with a center line of about 2-1/2 feet. Standards moving east change slightly, the street trees are an eight-foot sidewalk and eight-foot active area as a minimum requirement. Mr. Ramiccio mentioned the Ordinance currently in place and noted that the code requires the 12-foot buffer. A 12-foot landscape buffer would be appropriate when designing a Downtown or TOD with 150- foot height, so they would want more landscape buffer between the buildings to allow for more green space and pedestrian active areas. He thinks the Board should look at the code because usually when using the word"Urban"they are talking about a reduction to some extent, so 12 feet made sense when they were looking at the density and height but in looking where the City wants to go, five feet is a typical buffer in an urban standard plan. He is not concerned about the reduction in the buffer; he does not like the wall and thinks it is redundant and unnecessary, and aesthetically it will not look good as people turn east on Ocean Avenue;he would like to see the wall eliminated. Regarding landscaping,when looking at the trees he agrees with the comments from Mr. Simon about the Royal palms. When those fronds fall, they crush everything underneath them and that needs to be taken into consideration on Ocean Avenue. As Royal palms mature, the fronds must be strapped to the tree to make sure they do not crush cars parked underneath. There are some options; he heard some heights for Cabbage palms and Sabals with 40 feet on the high end. One option is Washingtonians, which are similar, but a little thinner. They are used a lot up against buildings where a large canopy is not wanted and they have a small canopy,but still give the height and screening. As far as parking, he recalled a project about six months ago where the City was recommending on-street parking be calculated as part of the required parking in the project. He fears if they go down the road talking about precedence setting, it would precedent set if they continue to calculate and require them to reduce the garage and parking spaces, pushing those parking spaces on the street. He has no problem using the parking spaces as part of the calculation as long as it is not the majority of the calculations like they saw with a few other projects. He wants to support the parking garage and wants the project to support its own parking. They are already doing a public private partnership between the City and CRA and this development to accommodate public parking in the Downtown area. Just because Hurricane Alley was on the corner of Ocean Avenue does not mean people are going to drive to this site and then walk to Hurricane Alley. He thinks patrons will go to the site where the restaurant is located. There should be access for residents who live there and for businesses to be able to access the Boardwalk or the new Hurricane Alley, but he does not like the idea of putting it through the middle of the garage if Page 13 of 190 Meeting Minutes Planning and Development Board Page 11 November 29, 2022 it can be accommodated in another place. He has no problem with the buffer or removing the wall, he thinks it is a necessity for the aesthetics and the nonreduction of parking in the garage. He likes the idea of green treatment to help a little above the tree height. He is going to support the project and he thinks it is a good cornerstone for redevelopment on the east side to connect with the City's cornerstone of this project. For staff, he thinks they should look in the core area especially with the reduction to require a 12- foot buffer; he does not know if it is realistic to require 12 feet. It is not precedent setting to grant a variance. Ms. Radigan advised that staff generally agrees with Board comments. She noted it is not required in the Downtown;this is a measure built into the code to protect existing properties that may not be redeveloping. In similar situations where residual parcels are not large enough to go to their foreseen zoning district of Mixed-Use-Core, the idea is that this built-in protection is for them to remain in place if they choose. Mr. McQuire questioned how many parking spaces would be lost. The loss of commercial space was mentioned, and he asked if the first level of the parking garage contains retail. Mr. Burns replied it does not. They want to make sure they adequately park this project within the structure, and they are not relying on adjacent properties, street parking, or to accommodate their uses. That is something needed for financing. To get Site Plan approval,they need to appease their lenders who are going to require they have adequate parking necessary to support the project. Doing so would force them to adjust their uses and they will have to pull from certain other private areas of the building whether it be residential or commercial to offer tenants the appropriate amount of parking they would need to get financing and be successful. Mr. McQuire stated he was looking at the proposed commercial space, which is approximately 17,000 square feet and 5,100 square feet of office or retail. He thinks that is what is currently on the property, and it does not seem like it far exceeded in terms of commercial space. He questioned what is there. Mr. Burns indicated the reason that was part of their proposal was for commercial businesses to be successful; this area needs critical mass. Units and disposable income are what is going to help create an urgency for these businesses to locate there and to be successful in the long-term. They were careful to select the right amount of commercial space for the project because they want to be successful, they do not want the spaces to sit vacant. As one of the first projects in the area, they feel like it is important to incorporate a healthy amount of commercial space, which this project has. They also want to have units, bodies, and people moving around, which will encourage businesses on the first floor to be successful. Mr. McQuire commented that the density is very high for the residential component. He sees no issues with supporting the retail; 301 units is a lot, and they are very tight. Mr. Simon wants to compare the required versus provided parking spaces throughout and he wants to address a comment that they were careful how they laid out and compared square footages provided to the businesses so they will succeed and not have empty spaces. The effectiveness of their visibility,access, and functionality are critical_ If the businesses are provided for, the community, not only the residences, are extremely far from parking. If there are no parking spaces along Ocean Avenue, people have to park Page 14 of 190 Meeting Minutes Planning and Development Board Page 12 November 29, 2022 in the parking garage and walk around the block to get to the area. He mentioned Casa Costa up the street, which has parking, but for someone who is not familiar with the area, it is difficult to locate. The parking lot is not being used to support the businesses because they cannot find it and even that short distance is a long walk. Part of this conversation is if they are supporting the businesses and trying to get a parking garage that works without a variance or that works with the City's requirements and what is needed for development; perhaps there should be a different configuration of the Site Plan without losing too much. There is minimal to zero requirements for landscape open space and 12 feet on one portion of a property. It is not passable, nothing is going to be there, so it is unlikely that they cannot install a sidewalk; it is dense vegetation. The number of parking spaces required per residential unit versus what is provided as well as the commercial spaces versus what is provided,and how far over they are meeting their minimums. He asked if taking out 20 spots would reduce the east facade or push it west. Mr. Burns stated there are two aspects, there is the code requirement and operating the business. They want this project to be successful and feel like this is necessary to attract businesses they want to see there. Parking comes with it and is readily available. He does not think parking a block away is uncommon for many people in other Cities. When they first looked at doing a project in Boynton Beach, their thought was not that they would be the only project and that this project must sustain itself. He thinks they look at this area as a whole and share the same vision of creating a place where people want to live, work, and play, an urban environment. They know the adjacent property owners and are familiar with their plans and what they are preparing to do. He thinks the public parking structure immediately adjacent to the property is going to be nice for a commercial development in the future. He agreed what is currently there is probably not the best complimentary use, but if this is truly going to be part of Downtown and part of an urban area, then they are trying to accommodate the future. He thinks it will be more walkable and more pedestrian friendly;they do bike sharing programs and try to promote other means of transportation. He is not concerned about someone walking a half a block to go to a restaurant. They have to juggle agreements with the CRA, commitments to the City, public parking, Affordable Housing, and a local business he told they would build them a new building. They have made a tremendous number of concessions moving things and bending the project as much as possible. Michael Reiner, Land Use Attorney for the project, advised that the stack of documents that govern this project are hundreds of pages on top of the code; they are just as much of a limitation on the project as any requirement in the ADA, they have the same force of law. This is not something of their making, so he does not think this is an impediment. The question is similar situations, the code says they are not allowed to look at other variances, nothing can be a precedent. Chair Rosecrans indicated he has seen a lot of variances during the eight years he has been on the Board. He does not see this as a difficult variance and would like to see the project move forward. Mr. McQuire questioned how many parking spaces are for the public and asked if they could add eight additional public parking spaces. Mr. Burns indicated there are 585 parking spaces with 150 for the public. Chair Rosecrans suggested waiting until this comes back for Site Plan review. Page 15 of 190 Meeting Minutes Planning and Development Board Page 13 November 29, 2022 Ms. Radigan clarified public parking spaces versus required parking spaces do not necessarily overlap. Currently,they are providing the correct number of parking spaces for what they are building and there is minimal access, which is what the code would require as public. They are sufficiently providing parking for commercial space and residential units. At the last count, she thinks they were at about eight spaces, and those are the ones that are purely public in terms of code because they are unassigned to developed uses. Code calculates parking based on the development proposed. Currently, they meet the required parking, but the parking is assigned to the uses they are building. Anything in excess can be counted as public spaces that can come and go. When talking about public spaces in terms of code,they are providing what they are building and there is an excess of parking; this item is on the variance. They are allowing conversation regarding parking because of the parking garage, but the relief is about the buffer. Staff is recommending denial because they do not meet the exact criteria for the code. This could be completed and designed, and the parking garage could switch to be along 4th Street, far from the use where the buffer is required; however, it has proven to be infeasible for the developers, which is why the variance request is before the Board. Since it does not meet the strict application of the rules, it is a recommendation of denial, but they are in agreement that there is a way to make the proposed Site Plan work with some concessions. Staff identified three concessions throughout this conversation; changing the types of trees proposed, green treatments on the east facade, and pedestrian connectivity. She believes the garage is separating this into two separate projects and they want to make sure they are maintaining an urban environment. Regarding the location of parking spaces, access through the garage closer to some of the active uses on Ocean Avenue would be beneficial. They are happy to reword that condition as enhanced pedestrian connectivity to unified, but staff would still ask if that were included if the Board chooses. Motion made by Mr. Simon to deny the request for the reduction with the buffer, approve the request for the elimination of the wall, and apply a condition of approval that the palms along that portion of property be changed to a more suitable palm. There was no second. Mr. Simon commented that the developer has reworked the Site Plan under the conditions of the requirements by the City. It does not seem that the parking garage can rotate and sit on the western portion of the property.He does not think there is a safe means for pedestrian access or passing through the parking garage without a risk of liability or injury. He questioned if the 12-foot buffer allows for an additional means for passing; perhaps there is a sidewalk or some sort of path, so it is an activated space on the east and north side of the parking garage itself, perhaps there is other access or entry points. There is also a means of security that needs to be considered; he does not think the wall helps security and feels that it makes it more unsafe. He thinks the 12-foot space might help or address some of the comments for connectivity. Mr. McQuire stated he is not bothered with an encroachment of another six feet, but he is hearing from staff that it divides the property. It sounds like staff is not 100% in favor of what is going on and he does not want to go against their advisement. As far as the fence,he can go either way. He questioned if passing the variance would help jumpstart the project or if they would come back before the Board with other requests. Structured parking is probably the most expensive part of the project, so it is hard to reconfigure and there are only so many tilt walls or concrete ways to do this. He is divided and is leaning towards staff recommendations. Page 16 of 190 Meeting Minutes Planning and Development Board Page 14 November 29, 2022 Mr. Ramiccio mentioned traffic flow from resident foot traffic he sees engaged on Ocean Avenue. The building is fronted on Ocean Avenue, and he thinks pedestrians will go out the front of the building and engage on Ocean Avenue rather than go to the rear. If this is a standalone project, he understands the connectability to the Boardwalk and the potential future restaurant. If this is looked at in its entirety, the next project will have an opportunity to cure some of the things he is not sure are real as far as pedestrian circulation. He noted the CRA has a 25% density bonus for Workforce Housing and the City Commissioners and leadership want to see Affordable Housing and Workforce Housing in this project, which is needed, but he would not want to see it on Ocean Avenue. He believes market rate apartments would support the restaurants and shops,not the Affordable Housing or Workforce Housing residents. He questioned the number of apartments being provided to the City. He noted these are income restricted and there is not a lot of room for profitability over a long period of time; all these dynamics must be taken into consideration. He stated this is minor for what they are getting and giving to the general public and noted this will be the first Workforce Housing built in the City. He reiterated they need Workforce Housing in the Downtown area, but not in their core area. Mr. Simon stated when going down to a five-foot buffer, anything planted higher than three feet is going to be wider than five feet, so it will encroach into the sidewalk area. He noted they need vertical elements. He mentioned the green wall and stated only two to three floors would be maintained,not eight floors. He thinks 12 feet against an eight-story building is probably less than adequate to provide proper coverage and screening to a wall that size. Mr. Ramiccio commented that following the existing landscaping would be putting one tree every 30 feet versus one tree every ten feet; they are putting twice as many. Mr. Simon did not have a problem with the fact they are putting more trees in; they are jamming more into a very small space, so every tree will want to go the same direction. He mentioned the overhang on the first or second floor and asked if it could step back a few feet for the remaining four floors to allow for the canopies of those trees; the trunk is only a foot wide. If the top four floors are stepped back 10 to 15 feet, they might lose three to six spaces in those areas. Mr. Harper requested Mr. Simon repeat the motion. Motion made by Mr. Simon, seconded Mr. McQuire, to deny the request for the reduction of landscape buffer,to approve the request for the elimination of the required six-foot wall, and to add a condition that the east facade Royal palms be changed to a more suitable palm. In a roll call vote the motion failed with Mr. Harper, Mr. Ramiccio, and Chair Rosecrans in opposition. (2-3) Ayes: Simon, McQuire Nays: Harper, Ramiccio, Rosecrans Ms. Radigan asked if the motion includes the two conditions recommended by staff with the modifications of green treatment on the facade and enhanced pedestrian connectivity. Page 17 of 190 Meeting Minutes Planning and Development Board Page 15 November 29, 2022 Mr. Simon clarified that the motion included the green treatment on the facade. He noted that the motion was seconded without those modifications. Chair Rosecrans entertained another motion. Motion by Mr. Simon, seconded by Mr. Harper, to approve the variance as presented to include green treatment on the east facade, and flexibility of the species of trees. In a voice vote, the motion passed, with Mr. Simon and Mr. McQuire in opposition. (3-2) Ayes: Harper, Ramiccio, Rosecrans Nays: Simon, McQuire 8. Other —None. 9. Comments by Members —None. 10. Adjournment Upon Motion duly made and seconded, the meeting at was adjourned at 8:11 p.m. [Minutes prepared by C. Guifarro,Prototype,Inc.] Page 18 of 190 7.7.A. New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve modifications (CDRV 23-003) amending the LAND DEVELOPMENT REGULATIONS, Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services, Section 2. Standard Applications, to establish a process for proposed Development Agreements. EXPLANATION OF REQUEST: The City's current Land Development Regulations (LDRs) do not include a procedure to govern the process of entering into a Development Agreement. To date, the City has relied on state statute (163.3220) minimum requirements. The proposed amendment contains three (3) notable changes. First, the amendment allows only developments which are a minimum of fifteen (15) gross acres to enter into Development Agreements. Secondly, the process establishes submittal requirements above what state statute requires, such as, requiring a master plan or conceptual site plan be approved concurrently. Lastly, the proposed amendment allows for certain flexibility within current standards to be utilized when a project enters into a Development Agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 19 of 190 ATTACHMENTS: Type Description Staff Report Staff Report Amendment Text Amendment Page 20 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-006 STAFF REPORT TO: Chair and Members Planning and Development Board FROM: Amanda Radigan, AICP, LEED AP Planning and Zoning Director DATE: January 13, 2023 REQUEST: Approve modifications (CDRV 23-003) amending the LAND DEVELOPMENT REGULATIONS, Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services, Section 2. Standard Applications, to establish a process for proposed Development Agreements. OVERVIEW The City's current Land Development Regulations (LDRs) do not include a procedure to govern the process of entering into a Development Agreement. To date, the City has relied on state statute minimum requirements. The proposed amendments establish a procedure, submittal requirements, eligibility requirements, as well as provide alternative standards that are designed to allow for flexibility in key areas of the LDRs. EXPLANATION & PROPOSED AMENDMENTS The proposed amendment contains three (3) notable changes. First, the amendment allows only developments which are a minimum of fifteen (15) gross acres to enter into Development Agreements. Secondly, the process establishes submittal requirements above what state statute requires, such as, requiring a master plan or conceptual site plan be approved concurrently. Lastly, the proposed amendment allows for certain flexibility within current standards to be utilized when a project enters into a Development Agreement. The flexible standards include: • Developments must participate in the City's Public Art Program; however, the Public Art Fee for the Development may be established within the proposed Development Agreement in an amount different than the amount required by of the City Code. Public Art Fee amounts established pursuant to this section must meet the purpose and intent of the City's Public Art Program. • The City of Boynton Beach may reserve utility system capacity for water and wastewater service for a period not to exceed six (6) years from the date of the agreement or approved permit application at no cost to the Developer at the discretion and approval of the Utilities Director or designee, for the purpose of allowing the Developer to meet anticipated concurrency requirements. • Expiration of a Master Plan or Major Master Plan Modification. A Master Plan or Major Master Plan Modification approved with a Development Agreement shall remain valid for 36 months; Page 21 of 190 Page 2 Development Agreement Process CDRV 23-005 however, upon approval of a site plan by the City Commission, a master plan shall remain valid until the corresponding site plan expires. • Expiration of a Site Plan or Major Site Plan Modification. Upon approval of a site plan by the City Commission, the applicant shall have forty-eight months (48) months to secure a building permit for vertical construction. It is important to note the flexible standards can be utilized at the City Commission discretion and all Development Agreements are not automatically entitled to the proposed alternative standards. CONCLUSION/RECOMMENDATION Staff recommends Approval of the subject amendments to the Land Development Regulations to establish a procedure for entering into Development Agreements and to provide alternative standards that may be utilized at the City Commission discretion. Attachments 2 Page 22 of 190 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications. G. Development Agreement. 1. General. a. Purpose and Intent.The purpose of Development Agreements is to encourage a strong commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development concurrent with the impacts of development, encourage the efficient use of resources, and reduce the economic cost of development.The purpose of this section is to establish procedures and standards for the City Commission to consider and enter into Development Agreements in accordance with Florida State Statutes. b. Authority and Applicability.The city is authorized to review and enter into a Development Agreement with any person having legal or equitable interest in real property in the city in accordance with the procedures and standards in this section. c. Parcel Criteria. Only developments which are a minimum of fifteen (15)gross acres are eligible to enter into Development Agreements with the city pursuant to this section. d. Conflict. In the event of any conflict between the provisions of this Section and any other sections of the Land Development Regulations or City Codes of Ordinance,the provisions of this section shall prevail.These provisions shall not be construed to supersede any federal, state, or county laws. 2. Submittal Requirements. Development Agreements shall include and meet the requirements of at least the following: a. Proposed Development Agreements must meet and be consistent with all requirements set forth in the Florida Local Government Development Act, sections 163.3220-163.3243, Florida Statutes; b. A Master Plan or Major Master Plan Modification must be submitted and approved concurrently with a Development Agreement; c. A phasing plan indicating the proposed phases, if the development is subject to phasing; d. A conceptual site plan for any single-phase development proposals; e. Schematic Design plans including, at a minimum, building location, architectural style, and building height; and f. A statement of milestone dates including necessary development approvals, permitting and construction. 3.Alternative Standards. The City may elect to enact the below alternative standards for developments which are subject to a Development Agreement: a. Developments must participate in the City's Public Art Program; however, the Public Art Fee for the Development may be established within the proposed Development Agreement in an amount different than the amount required by of the City Code. Public Art Fee amounts established pursuant to this section must meet the purpose and intent of the City's Public Art Program. b. The City of Boynton Beach may reserve utility system capacity for water and wastewater service for a period not to exceed six(6)years from the date of the agreement or approved permit application at no cost to the Developer at the discretion and approval of the Utilities Director or designee, for the purpose of allowing the Developer to meet anticipated concurrency requirements. c. Expiration of a Master Plan or Major Master Plan Modification. A Master Plan or Major Master Plan Modification approved with a Development Agreement shall remain valid for 36 months; however, upon approval of a site plan by the City Commission, a master plan shall remain valid until the corresponding site plan expires. 01576561-1 Page 23 of 190 d. Expiration of a Site Plan or Major Site Plan Modification. Upon approval of a site plan by the City Commission, the applicant shall have forty-eight months (48) months to secure a building permit for vertical construction. 4. Review Criteria.An application for a Development Agreement shall be approved and executed only if the City Commission finds that the development proposed in the Development Agreement: a. Includes all the information and provisions required by this Section b. Meets all Submittal Requirements; c. Is consistent with the City's Comprehensive Plan and any amendments to the Comprehensive Plan that would impact the development have been found in compliance if required by state law and are beyond all appeal periods; d. Is consistent with this City Code; and e. Furthers the public health, safety, and welfare of the city. 5. Approval Process. A Development Agreement requires review and approval by the City Commission, by ordinance, and shall be processed in accordance with section 163.3225, Florida Statutes. 6. Periodic Review of Development Agreement.The City shall review land subject to the Development Agreement at least once every 12 months to determine if there has been a demonstration of good faith compliance with the terms of the Development Agreement. Each annual review conducted after the sixth year of a Development Agreement shall include a written report completed by the developer,which shall be submitted to the parties to the Development Agreement. 01876561-1 Page 24 of 190 7.7.B. New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve modifications (CDRV 23-002) amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, to modify requirements for commercial frontage within the Boynton Beach Boulevard Overlay. EXPLANATION OF REQUEST: The proposed amendments adjust the requirements for minimum percentages of commercial frontage along specific rights-of-way within the Boynton Beach Boulevard Overlay. These adjustments are in response to key differentiators unique to the aforementioned overlay. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Amendment Exhibit A- Proposed Amendments Page 25 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-004 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Andrew Meyer, Senior Planner DATE: January 12, 2023 REQUEST: Approve modifications (CDRV 23-002) amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, to modify requirements for commercial frontage within the Boynton Beach Boulevard Overlay. OVERVIEW The proposed amendments adjust the requirements for minimum percentages of commercial frontage along specific rights-of-way within the Boynton Beach Boulevard Overlay. These adjustments are in response to key differentiators unique to the aforementioned overlay. EXPLANATION & PROPOSED AMENDMENTS The current building and site regulations applicable to the mixed-use zoning districts and overlays require a certain percentage of commercial and active frontage along specific rights-of-way and requires the associated commercial spaces to meet specific design standards. The Boynton Beach Boulevard Overlay experiences at least three conditions specific to this overlay which warrant an adjustment of the commercial frontage regulations: 1. While commercial uses generally front Boynton Beach Boulevard west of Seacrest Boulevard, the broad historical development pattern within the downtown area east of Seacrest Boulevard has resulted in a focus of commercial uses onto Ocean Avenue and less so on Boynton Beach Boulevard. 2. Roadway improvements to accommodate expansion are planned along Boynton Beach Boulevard, furthering its role as more of roadway designed to move traffic and less of a commercial corridor. 3. Approved projects along Boynton Beach Boulevard orient their commercial uses toward Ocean Avenue to promote a pedestrian-oriented downtown within this area and use Boynton Beach Boulevard frontage as vehicular access to the projects. As such, the proposed amendments reduce frontage along Boynton Beach Boulevard from 70% to 40%, and eliminate the requirement for commercial uses along Seacrest Boulevard, which is only two blocks in length within the overlay. The amendments also clarify language pertaining to minimum commercial space height. Page 26 of 190 Page 2 Commercial Frontage CDRV 23-002 CONCLUSION/RECOMMENDATION Staff recommends Approval of the subject amendments to the Land Development Regulations to support the modification of commercial frontage requirements and design standards within the Boynton Beach Boulevard Overlay. Attachments 2 Page 27 of 190 PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES D. Boynton Beach Boulevard Overlay (BBBO). 4. Uses. a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of€eft-y-thirty (4930) feet in depth and a minimum of thirteen (13) feet 44 ^eiling'44T of vertical distance between the top of the first-floor slab and the bottom of the second-floor slab. Exemptions to required frontage include provisions for access, public usable open space, and sight visibility triangles. (1) Seventy percent (70%) of the ground floor frontage of structures fronting the portion of Boynton Beach Boulevard west of Seacrest Boulevard ane' aF Raulewal:d must consist of Commercial Uses at the build-to-line. The remainder of the ground floor frontage along the portion of Boynton Beach Boulevard west of Seacrest Boulevard ^ c^^^rest Raulewai:d not occupied by Commercial Uses must consist of Active Uses at the build-to-line. (2) Forty percent (40%) of the ground floor frontage of structures fronting the portion of Boynton Beach Boulevard east of Seacrest Boulevard must consist of Commercial Uses at the build-to-line. The remainder of the ground floor frontage along the portion of Boynton Beach Boulevard east of Seacrest Boulevard not occupied by Commercial Uses must consist of Active Uses at the build-to-line. b. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3- 28" in Chapter 3,Article IV, Section 3.D.,with the exception of the following prohibited uses: Page 28 of 190 7.7.C. New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve modifications to modify the existing methodology for the Payment in Lieu of Workforce Housing Units program; to include an FAR bonus; and to clarify the receiving areas for height, FAR, and density bonuses (CDRV 23-001) by amending LAND DEVELOPMENT REGULATIONS, Chapter 1. Art 11. Sec 2.C.11. In-Lieu and Off-Site Options (related to the Workforce Housing Program). EXPLANATION OF REQUEST: This staff report outlines information regarding amendments to the Workforce Housing Program in the Land Development Regulations. Specifically, modifying the existing methodology for the Payment in Lieu of Workforce Housing Units program, providing for an FAR bonus, and clarifying the receiving areas for height, FAR, and density bonuses. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Amendment Exhibit A- Proposed Amendments Page 29 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-005 STAFF REPORT TO: Chair and Members Planning and Development Board FROM: Amanda Radigan, AICP Planning and Zoning Director DATE: January 12, 2023 REQUEST: Approve modifications to modify the existing methodology for the Payment in Lieu of Workforce Housing Units program; to include an FAR bonus; and to clarify the receiving areas for height, FAR, and density bonuses (CDRV 23-001) by amending LAND DEVELOPMENT REGULATIONS, Chapter 1. Art II. Sec 2.C.II. In-Lieu and Off-Site Options (related to the Workforce Housing Program). OVERVIEW This staff report outlines information regarding amendments to the Workforce Housing Program in the Land Development Regulations. Specifically, modifying the existing methodology for the Payment in Lieu of Workforce Housing Units program, providing for an FAR bonus, and clarifying the receiving areas for height, FAR, and density bonuses. EXPLANATION & PROPOSED AMENDMENTS The City of Boynton Beach desires to assess the current and future housing needs of the City of Boynton Beach and to develop solutions for affordable housing. It has become increasingly difficult for middle-income workers to buy or rent housing in the areas in which they work. This is in part due to wages not keeping up with increasing costs of living but is also due to the limited supply of housing affordable to these workers. In response to limited affordable housing options in the areas where they work, many middle-income workers move to the outer fringes of a region, leading to longer commute times for the worker, higher levels of traffic, and other negative externalities for the surrounding area. According to the Urban Land Institute (ULI), Workforce Housing is defined as housing affordable to households earning between 60 and 120 percent of area median income (AMI). Workforce housing targets middle-income workers which includes professions such as police officers, firefighters, teachers, health care workers, retail clerks, and the like. Households who need workforce housing may not always qualify for housing subsidized by the Low-Income Housing Tax Credit (LIHTC) program or the Housing Choice Vouchers program (formerly known as Section 8), which are two major programs in place for addressing affordable housing needs. Boynton Beach hired Zonda, a housing market research company, to provide a housing assessment study which was completed in 2021. The study concluded, amongst other things, that establishing a Housing Trust Fund would be a viable option for improving affordability options within the City. Zonda stated that a housing trust fund could allow the City to be nimble and flexible when opportunities arise for additional affordable housing stock, and could be used to support housing payments on existing stock rather than waiting for a new supply. Page 30 of 190 Page 2 Workforce Housing Program Amendment CDRV 23-001 The existing language reflected in the Workforce Housing Program section of the City's LDR's establishes the criteria for Payment in Lieu of Construction of Workforce Housing Units. Currently, a developer is required to pay the applicable fee based off a percentage of the total number of units provided. The program is largely underutilized, likely because of the methodology for payment (more units are being paid for than are being provided through the program). In lieu of the existing methodology, Staff has proposed to change the fee calculation by providing that applicants pay the applicable fee multiplied by the bonus dwelling units provided. For example, if a 1-acre parcel that is permitted 80 dwelling units per acre pays into the In-Lieu fund for 10 units (where up to 20 additional units could be paid for), they would pay the applicable fee multiplied by 10 (a one to one ratio). Staff has also included a provision that states that 'Utilization of the Payment in Lieu of Workforce Housing Units program shall not be applied in conjunction with other provisions to increase density'. Additionally, staff also proposes to provide an option for an increase in Floor Area Ratio (FAR) bonus of one-half(0.5)for the provision of workforce housing. Finally, the proposed amendment further clarifies the receiving locations where height, FAR, and density bonuses can be requested. Specifically: • Projects located within the Downtown Transit Oriented Development District (DTODD) are eligible for a density bonus of up to twenty-five percent (25%), a Floor Area Ratio (FAR) bonus of one-half (0.5), and a height bonus of one (1) additional story (up to a maximum of 12 feet). Payment in Lieu of fee will be applied to each unit proposed in excess of the Zoning Districts permitted density. • Projects located within the DTODD in the Boynton Beach Boulevard Overlay with the Mixed Use Medium or Mixed Use High future land use classifications are eligible for a density bonus of up to twenty-five percent (25%), a Floor Area Ratio (FAR) bonus of one-half (0.5), and a height bonus of two (2) additional stories (up to a maximum of 24 feet). Payment in Lieu of fee will be applied to each unit proposed in excess of the Zoning Districts permitted density. • Projects located outside of DTODD with Mixed Use Medium, Mixed Use Low, or Special High Density Residential future land use classifications are eligible for a density bonus of up to twenty-five percent (25%). Properties of three (3) or more acres are also eligible for a height bonus of one (1) additional story up to a maximum of twelve feet (12'). Payment in Lieu of fee will be applied to each unit proposed in excess of the Zoning Districts permitted density. Attachments 2 Page 31 of 190 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. C. Provisions. The developer may elect to obtain a density bonus, Floor Area Ratio (FAR), and/or a height bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. I. Construction of workforce units on-site: II. In-Lieu and off-site options. 0 eeRPeFGeR0 PeFGeR0 0 PeFGeR0 4We Rty_fiVe oornoe t (25,04) of the total proposer! u R 4c 1-2. Payment In-Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In-lieu of fees shall be paid in full prior to the issuance of building permit. Utilization of the Payment in Lieu of Workforce Housing Units program shall not be applied in conjunction with other provisions to increase density. Payment In Lieu of Construction of Workforce Housing Units (per unit) Payment In Lieu of Construction of Workforce Housing Units (per unit) For-sale unit $ 82,986 For rent units $ 36,760 Note: Payment-in-lieu amounts shall be revised every two (2) years, based on (i) median single-family home sale price for Palm Beach County provided by Realtors' Association of the Palm Beaches, and (ii) average monthly apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic Research, Inc. 2. The number of units for which the payment in lieu can be collected shall be as be as follows: a. Projects located within the Downtown Transit Oriented Development District (DTODD) are eligible for a density bonus of up to twenty-five percent (25%), a Floor Area Ratio (FAR) bonus of one-half(0.5), and a height bonus of one (1) additional story (up to a maximum of 12 feet). Payment in Lieu of fee will be applied to each unit proposed in excess of the Zoning Districts permitted density. b. Projects located within the DTODD in the Boynton Beach Boulevard Overlay with the Mixed Use Medium or Mixed Use High future land use classifications are eligible for a density bonus of up to twenty-five percent (25%), a Floor Area Ratio (FAR) bonus of one-half(0.5), and a height bonus of two (2) additional stories (up to a maximum of 24 feet). Payment in Lieu of fee will be applied to each unit proposed in excess of the Zoning Districts permitted density. Page 32 of 190 c. Projects located outside of DTODD with Mixed Use Medium, Mixed Use Low, or Special High Density Residential future land use classifications are eligible for a density bonus of up to twenty-five percent (25%). Properties of three (3) or more acres are also eligible for a height bonus of one (1) additional story up to a maximum of twelve feet (12'). Payment in Lieu of fee will be applied to each unit proposed in excess of the Zoning Districts permitted density. 3. Donation of Land. The value of the land shall equal or exceed the total "in-lieu of fee for all workforce units or shall be of sufficient size to develop the same number of units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 4. Off-Site Construction. The workforce housing units may be built off-site, provided they are constructed within the city limits. All off-site workforce housing units shall comply with all sections of these Regulations. 5. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. Page 33 of 190 7.7.D. New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for Major Master Plan Modification (MPMD 23-004) of the Boynton Beach Town Square development to amend the number of buildable dwelling units, revise project phasing, reduce the commercial use areas, and decrease the number of hotel rooms. The subject properties are bounded by Seacrest Boulevard on the west, NE/SE 1St Street on the east, E. Boynton Beach Boulevard on the north, and SE 2nd Avenue on the south. and are currently zoned MU-3 (Mixed Use 3). Applicant: Robert Singer, Time Equities, INC. EXPLANATION OF REQUEST: The subject area covers four blocks and includes 14 parcels, totaling 15.52 gross acres. The current applicant, Time Equities, INC is under contract with J KM BTS, LLC to purchase the vacant privately-owned parcels (north and south parcels, See Exhibit A). Portions of the subject areas, including the City Hall Complex, Amphitheatre, park, and playground, were completed as a portion of the first phase of the approved Master Plan. The first phase of the approved Master Plan also included a parking garage on the south parcel, which to date has not begun construction. The proposed project is the product of the partnership between the City, CRA, and a private development team, based on the Public-Private Partnership (P3) development model enabled by Chapter 255.065, Florida Statutes. A P3 is achieved through an agreement between public and private entities, which allow for greater private-sector participation in the financing, delivery of public buildings, and infrastructure projects. In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of Pas. Time Equities has drafted a Development Agreement associated with the subject application, which is currently under review by the City and targeting concurrent approval of this application on the February 21, 2023 City Commission Meeting. The approval of the proposed master plan is conditioned on the approval of several concurrent applications, including a Development Agreement, three (3) Land Development Regulation (LDR) amendments including revisions to the City's Workforce Housing Program, Commercial Frontage Requirements, and the establishments of a process and criteria for Development Agreements. Lastly, the proposal is conditioned on the approval of a land exchange between the City and J KM BTS North Parcel, LLC. The Master Plan proposes that the City gain ownership of the parcel (1.1401 acres, Parcel No. 08434528480030030) located at the northwest corner of Ocean Avenue and NE 1St Street in exchange for the property located at the southeast corner of E. Boynton Beach Blvd and N. Seacrest Blvd (1.1019 acres, Parcel no. 08434528480010020 & 08434528480010010). Under the subject major modification application, the applicant is requesting approval of two (2) residential buildings with commercial uses and parking garages on the North and South parcels, as well as several modifications to the previously approved Master Plan (MPMD 19-001). The following is a list of the proposed modifications, and itemized development elements are provided in the staff report for the Board's review. • Increased number of dwelling units • Revised phasing plan • Decreased number of rooms and a new hotel location • Additional height for the building proposed in the South Parcel Page 34 of 190 • Decreased commercial use floor areas • Modified building massing & height HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: NA ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION APPLICATION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Exhibit Exhibit B - Existing Future Land Use D Exhibit Exhibit C ® Existing Zoning D Exhibit Exhibit D ® Master Plan D Conditions of Approval Exhibit E ® Conditions of Approval D Attachment Affidavit of Public Notice Complete Page 35 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION . MEMORANDUM NO. PZ 23-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda B. Radigan, AICP, LEED AP42 e Planning and Zoning Director FROM: Jae Eun Kim, PLA Principal Planner DATE: January 24, 2023 PROJECT: Boynton Beach Town Square Master Plan Major Master Plan Modification (MPMD 23-004) REQUEST: Approval of a Major Master Plan Modification for Boynton Beach Town Square to amend the number of buildable dwelling units, revise project phasing, reduce the commercial use areas, and decrease the number of hotel rooms. PROJECT DESCRIPTION Property Owner: City of Boynton Beach, JKM BTS NORTH LLC, & JKM BTS SOUTH LLC Applicant: Robert Signer, Time Equities, INC. Location: Mixed Use Civic Campus bounded by Seacrest Boulevard on the west, NE/SE 1St Street on the east, Boynton Beach Boulevard on the north, and SE 2nd Avenue on the south (See Exhibit A— Location Map) Existing Future Land Use: MXM (Mixed Use Medium, See Exhibit B — Land Use Map) Existing Zoning: MU-3 (Mixed Use 3, See, Exhibit C —Zoning Map) Proposed Future Land Use: No change proposed Proposed Zoning: No change proposed Acreage: +/- 16.22 acres (overall site areas for the Master Plan) +/- 15.52 acres (gross site areas excluding existing rights-of-way) Adjacent Uses: North: The right-of-way of Boynton Beach Boulevard; further north are developed properties with a Future Land Use classification of LRC (Local Retail Commercial) and a zoning designation of C-3 (Community Commercial District). Existing uses include retail, office, and restaurant. Page 36 of 190 Page 2 Boynton Beach Town Square Master Plan MPMD 23-004 South: The right-of-way of SE 2nd Avenue; further south are developed with a Future Land Use classification of MEDR (Medium Density Residential) and zoning designations of R-1-A (Single-Family Residential District) & R-2, (Single- and Two-Family Residential District). Existing uses include developed single-family homes East: The right-of-way of SE 2nd Avenue; further east are developed with the following Future Land Use classifications of LRC (Local Retail Commercial), MEDR (Medium Density Residential), MXM (Mixed Use Medium), and LDR (Low Density Residential), and zoning designations of C-3 (Community Commercial), R-3 (Multi Family), MU-3 (Mixed Use 3), and R-1-A (Single Family). Existing uses include retail, City fire station, multi-family residential, single family home, and vacant lot. West: The right-of-way of North Seacrest Blvd; further west are developed with following Future Land Use classifications of LRC (Local Retail Commercial) and MEDR (Medium Density Residential), and zoning designations of C-2 (Neighborhood Commercial) and R-3 (Multi Family). Existing uses include post office, office, worship center, single family home, and multi-family residential. BACKGROUND The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE/SE 1St Street on the east, East Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes 14 parcels, totaling 15.52 acres. The current applicant, Time Equities, INC is under contract with JKM BTS, LLC to purchase the vacant privately-owned parcels (north and south parcels, See Exhibit A). Portions of the subject areas, including the City Hall Complex, Amphitheatre, park, and playground, were completed as the first phase of the approved Master Plan. The first phase of the approved Master Plan also included a parking garage on the south parcel, which to date has not begun construction. The proposed project is the product of the partnership between the City, CRA, and a private development team, based on the Public-Private Partnership (P3) development model enabled by Chapter 255.065, Florida Statutes. A P3 is achieved through an agreement between public and private entities, which allow for greater private-sector participation in the financing, delivery of public buildings, and infrastructure projects. In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of P3s. Time Equities has drafted a Development Agreement associated with the subject application,which is currently under review by the City and targeting concurrent approval of this application on the February 21, 2023 City Commission Meeting. The approval of the proposed master plan is conditioned on the approval of several concurrent applications, including a Development Agreement, three (3) Land Development Regulation (LDR) amendments including revisions to the City's Workforce Housing Program, Commercial Frontage Requirements, and the establishments of a process and criteria for Development Agreements (See Exhibit E — Conditions of Approval). Lastly, the proposal is conditioned on the approval of a land exchange between the City and JKM BTS North Parcel, LLC (See Exhibit E —Conditions of Approval). The Master Plan proposes that the City gain ownership of the parcel (1.1401 acres, Parcel No. 08434528480030030) located at the northwest corner of Ocean Avenue and NE 1St Street in exchange for the property located at the southeast corner of E. Boynton Beach Blvd and N. Seacrest Blvd (1.1019 acres, Parcel no. 08434528480010020 & 08434528480010010). 2 S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\TownSquare MPMD 23-004 Staff Report_012423 P&D Meeting.docx Page 37 of 190 Page 3 Boynton Beach Town Square Master Plan MPMD 23-004 History of the Town Square Master Plan February 20, 2018 • Ord. 17-021 Town Square Future Land Use Amendment: Amending from Public and Private Government/Institutional (PPGI) & High Density Residential to Mixed Use Medium (MXM). • Ord. 17-022 Town Square Rezoning: Amending Public Usage (PU), Recreation (REC) and Multifamily (R-3) to Mixed Use 3 (MU-3) zoning district. February 20, 2018 Boynton Beach Town Square Master Plan approval (LUAR 17-005): A mixed use of civic, residential, and commercial uses. October 23, 2018 Boynton Beach Town Square Plat with a total of 16.869 acres is recorded. This Plat includes the Fire Rescue Station (Parcel 8 of the Plat, 0.6456 acres). April 16, 2019 Approval of the Major Master Plan Modification (MPMD 19-001) was granted by the City Commission on April 16, 2019. Modifications as follows: • Decrease the number of buildable dwelling units from 705 to 575, • Revise the project phasing, • Revise the proposed use of Building "B" (south parcel) to age-restricted units, • Increase the height of Building "C" (Residential Building, east of the existing Schoolhouse & Children's Museum) from 50 feet to 62 feet, • Increase hotel rooms (northwest corner of the overall site) from 120 to 144, and • Submit a new shared parking study. A comparison of development elements of the Modification (MPMD 19-001) and this Modification (MPMD 23-004) is provided in the above-mentioned table of this report. April 13, 2021 Minor Master Plan Modification (MPMD 20-002) was approved on April 13, 2021. Minor modifications as follows: • Increase of dwelling units in the southern residential building from 196 to 203 units, and • Corresponding revisions to the shared parking study. ANALYSIS Under the subject major modification application, the applicant is requesting approval of two (2) residential buildings with commercial uses and parking garages on the North and South parcels, as well as several modifications to the previously approved Master Plan (MPMD 19-001). The proposed modifications compared to the previously approved Master Plan are itemized in the following table: Master Plan approval Proposed Modification (MPMD 19-001) in 2019 (MPMD 23-004) in 2023 Residential Units North Parcel 210 Units 462 Units South Parcel 261 Units 471 Units 3 S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\TownSquare MPMD 23-004 Staff Report_012423 P&D Meeting.docx Page 38 of 190 Page 4 Boynton Beach Town Square Master Plan MPMD 23-004 *Central Parcel, Central Parcel* 104 Units (Age Restricted N/A. Age restricted residential situated east of Residential) development is not proposed, but the Children's a hotel (100 rooms) is proposed Museum. instead. Building Heights North Parcel Residential Building: 99 ft Residential/Commercial Building Parking Garage: 99 ft with Garage: 99 ft ht, Maximum Hotel: 75 ft South Parcel Residential Building: 62 ft Residential/Commercial Building Garage: 75 ft with Garage: 87 ft ht, Maximum Central Parcel Age Restricted Building: 80 ft Hotel: 75 ft ht, Maximum Parking Spaces A Total Of 1787 Spaces A Total Of 2298 Spaces Including Including Public Spaces** Public Spaces** Allocation for 542 public parking spaces 586 public parking spaces **Note that a public use public space also North Parcel 151 spaces reserved for 258 spaces reserved for public includes parking public parking space (101 parking space for city employees. Garage + 50 on & off-street parking spaces) South Parcel 391 spaces reserved for 207 spaces reserved for public public parking space (364 parking space Garage + 27 on& off-street parking spaces) Hotel Parcel Hotel parking provided in the 55 spaces reserved for public North Parcel parking garage. parking space City Hall & Civic Parking provided in the South Existing 66 on & off-street parking Center Parcel Parcel parking garage. spaces Right-of-way NE & SE 1St As existing Land dedication may be required (ROW) Street to provide 25 ft wd for ROW purposes measuring from centerline. NE 1St Ave Abandoned 45 ft wd Land Dedication for ROW purposes SE 1St Ave 24 ft Public Ingress/Egress 40 ft wd Land Dedication for ROW Easement purposes & Easement Vacation Public Restroom Two sperate locations Two sperate locations: One north of the Cultural Center & one south of the Amphitheater Commercial Use Overall Site 34,642 sq.ft. 15,200 sq.ft. Hotel Rooms 144 rooms 100 rooms Location Southeast corner of the Northwest corner of the intersection of N Seacrest intersection of E Ocean Ave and 4 S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\TownSquare MPMD 23-004 Staff Report_012423 P&D Meeting.docx Page 39 of 190 Page 5 Boynton Beach Town Square Master Plan MPMD 23-004 and E Boynton Beach Blvd NE 1 St (east of the existing Children's Museum) Phasing Plan Phase I Civic Center, Playground, Constructed except the Parking Children's Museum, Garage*** *** Parking garage Amphitheater, & City was planned for Hall/Library, and Parking residential units & Garage* general public Phase 11 Residential Building B (261 Residential Building South (471 including the city Units) with Commercial use Units) with Commercial use and employees. and Parking Garage Parking Garage Phase III Residential Buildings A (210 Residential Building North with Units) & C (104 Units) with Commercial Use (462 Units) and Parking Garage Parking Garage Phase IV Hotel (144 Rooms) with Hotel (100 Rooms) with Commercial Use Commercial Use Increased number of dwelling units The approved Master Plan (MPMD 19-001) proposed a total of 575 units (a density of 38.2 units per acre) within three separate buildings. The applicant is requesting to increase the number of dwelling units to 933 between two (2) buildings; One (1) 462 residential unit building on the North Parcel and one (1) 471 residential units on the South Parcel (see Exhibit D — Master Plan). The proposed dwelling units have resulted in an increase in density from 38.2 du/ac to 57.5 du/ac. The Mixed Use Medium (MXM) Future Land Use classification and MU-3 (Mixed Use 3) zoning designation have a maximum residential density of fifty(50)dwelling units per gross acre, except within the Downtown Transit-Oriented Development District (DTODD), where the maximum density may be 62 du/ac through participation in the Workforce Housing Program. Furthermore, the proposed zoning district of MU-3 also has a minimum density of 30 du/ac (See Exhibit E —Conditions of Approval). Revised phasing plan The approved Master Plan delineated four (4) phases of development. The applicant is requesting to modify the phasing plan of the Master Plan as follows: • Phase 11 (South Parcel): Residential and commercial developments with a parking garage. • Phase III (North Parcel): Residential and commercial developments with a parking garage. • Phase IV (portion of the Central Parcel, east of the Children's Museum): Hotel Development. Decreased number of rooms and a new hotel location The proposed hotel was previously approved with 144 rooms. The applicant is requesting to reduce the number of rooms from 144 to 100. In addition, the applicant is proposing to relocate the hotel from the southeast corner of North Seacrest Blvd and East Boynton Beach Blvd to northwest corner of East Ocean Ave and NE 1 St.This proposal is conditioned upon approval and execution of a land exchange. Additional height for the building proposed in the South Parcel The proposed building in the South Parcel is approved with a building height of 62 feet. The applicant is requesting to increase the building height to a maximum of 87 feet through participation in the Workforce Housing Program. Pursuant to Part 111, Chapter 1, Article V, Section 2. Workforce Housing Program, projects located within the DTODD (Downtown Transit Oriented Development District) may 5 S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\TownSquare MPMD 23-004 Staff Report_012423 P&D Meeting.docx Page 40 of 190 Page 6 Boynton Beach Town Square Master Plan MPMD 23-004 use the density bonus of up to 25% alone or in conjunction with the height bonus of one (1) additional story (up to a maximum of 12 feet). The MU-3 zoning district allows a maximum building height of 75 feet. Decreased commercial use floor areas The previously approved Master Plan consists of 34,642 sq.ft. of the commercial use floor areas. The applicant is requesting to modify the plan to reduce the commercial use areas to 15,200 sq.ft. The proposed commercial uses are primarily fronting E Boynton Beach Blvd and SE 1 Ave. Permitted uses for the commercial use areas will be specified during the site plan review. • North Parcel: 5,700 sq.ft. • Hotel Parcel: 4,000 sq.ft. • South Parcel: 5,500 sq.ft. Modified building massing & height Although the exact building footprints of the proposed new buildings are not defined, the placement and adjacencies are reflected on the Master Plan. All new buildings are proposed to be oriented to front on streets, adjacent to the enhanced pedestrian public facilities to maximize the pedestrian experience. Ingress and egress from and to the parking garages is proposed along NE 1St Ave and SE 1 StAve to reduce interference of the traffic flow along East Boynton Beach Blvd, and to reduce impacts to the existing residential neighborhood to the south. Proposed Land Development Regulation (LDR) Text Amendments As previously stated, in order to approve the Master Plan modification as proposed, the following staff initiated LDR text amendments must be approved: • Proposed amendments to the Workforce Housing Program: The amendment is proposing to 1) modify methodology for Payment in Lieu of construction of Workforce Housing Units, 2) provide a Floor Area Ratio (FAR) bonus of one-half(0.5) for participation in the Program, which could allow a maximum FAR of 3.5 for the subject site, and 3) clarify the receiving areas for height, FAR, and density bonuses. The proposed FAR for this Master Plan Modification is contingent upon approval of the LDR text amendment of City's Workforce Housing Program outlined in Chapter 1, Article V, Section 2 of Part II I Land Development Regulations (CDRV 23-001). • Proposed commercial use frontage along Boynton Beach Boulevard: This Master Plan application proposes 40% of the commercial use frontage rather than 70%, as required in Chapter 3, Article III, Section D. Boynton Beach Boulevard Overlay. The proposed 40% commercial use frontage along Boynton Beach Blvd is contingent upon the LDR text amendments of Chapter 3, Article III, Section D. Boynton Beach Boulevard Overlay (CDRV 23-002). CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed Major Master Plan Modifications and has determined that the project is in compliance with existing Mixed Use Medium (MXM) Future Land Use Classification and the existing zoning designation of MU-3 (Mixed Use — 3). Should the Planning and Development Board recommend approval of the requested Major Master Plan Modification, staff recommends including the Conditions of Approval ("Exhibit E" - Conditions of Approval). ATTACHMENTS 6 S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\TownSquare MPMD 23-004 Staff Report_012423 P&D Meeting.docx Page 41 of 190 Ev a '°�" 3rd Ave , 3rd: fla { M W Boynton Beach Blvd .. m - E Boynton Beach Blvd E duns i Z � ' I -a Ny ,.I E n s 3) pax �44 R' 4i NEAStAVe�' {- i '11 #af All is S d W Ocean Ave - E Ocean Ave '77T a;i o i it Yf ,cn { + s. 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Fj { lleiaeof,ma -P1,111,11 e��oewz��eia� w����M�a��oo as,�o�.�e3awu�z�zazae�es�Moi�seon;H Boynton Beach Town Square Master Plan (MPMD 23-004) Conditions of Approval Page 1 of 5 EXHIBIT E Conditions of Approval Project Name: Boynton Beach Town Square Master Plan File number: MPMD 23-004 Reference: Major Master Plan Modification with the January 13, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING Comments: 1. Provide written statement that applicant/owner has received, understands and acknowledges the requirements outlined in the X Standard DART Comments of the City of Boynton Beach Department of Public Works, Utilities, and Engineering Division, attached hereto. 2. The Right-of-Way for NE 1St Ave, NE/SE 1St Street, and SE 1St Ave shall be 50 feet. A dedication or easement will be required. X 3. Show all existing/proposed corner clips on each of the parcels. X 4. Revise the traffic analysis to include the traffic from all 4 phases. X 5. The number of driveways shown on the Master Plan does not match the driveways analyzed in the traffic study. X 6. Boynton Beach Boulevard does not appear to be shown correctly with three eastbound lanes (1 LT and 2 Thru). X 7. The entrance to the children's playground shall be aligned with the ingress/egress to the parking garage. X 8. A discussion with FDOT is suggested to obtain conceptual approval of a traffic signal at Boynton Beach Boulevard & SE/NE 1st Street. If a signal is allowed: • The City will require a pro rata cost share for the signal, • The intersection of NE 1St Ave and NE 1St St should become a 2- X way stop (ENV), and • An additional eastbound left turn lane is required on NE 1 St Ave at NE 1St St. 9. At Seacrest Blvd and Ocean Ave, staff request analysis to address north/south left turn queues. X S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\Exhibit E- COA MPMD 23-004.doc Page 47 of 190 Boynton Beach Town Square Master Plan (MPMD 23-004) Conditions of Approval Page 2 of 5 DEPARTMENTS I INCLUDE I REJECT 10. If the intersection of Seacrest & NE 1st Avenue will be restricted to right- in/right-out, then: • A physical barrier on NE 1St Ave and/or Seacrest Blvd is needed, and • this would require some type of barrier along the center of Seacrest Blvd (Note: This would also restrict NW 1st Avenue to X right-in/right-out.). County may require widening of R/W to accommodate a raised median. • The City requests lengthening of the northbound left turn lane at Boynton Beach Blvd. 11. Please include in the Traffic Analysis the Phase 4 (hotel)driveway and X NE 1st Avenue 12. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that X additional comments may not be generated by the commission and at permit review UTILITIES 13. Refer to the provided as-built drawings for the existing potable water, gravity sanitary sewer, wastewater lift station, reclaimed water, and stormwater drainage infrastructure available within the X project site. 13. At the time of permitting, detailed engineering calculations and drawings shall be submitted for review by Utilities. Any upgrades X that are required will be the responsibility of the Developer. 14. All utility connections shall be made to the existing infrastructure internal to the Town Square site. Connections to pipelines around the perimeter of the site will not be allowed (i.e., Seacrest X Boulevard, Boynton Beach Boulevard, SE 2nd Avenue, and SE 1st Street). 15. Potable water infrastructure is available on site and water main stub outs are available as indicated on the provided as-built drawings. The proposed Phase 3 - North Residential/Commercial building eliminates the route of the 12-inch PVC C-900 water main X that is required to loop the water main per the existing as-built drawings. It is the responsibility of the Developer to complete water main loop within a dedicated 12 ft. utility easement. 16. It is the responsibility of the Developer to make the necessary X water service line connections to each building for the Phase 2 — S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\Exhibit E- COA MPMD 23-004.doc Page 48 of 190 Boynton Beach Town Square Master Plan (MPMD 23-004) Conditions of Approval Page 3 of 5 DEPARTMENTS I INCLUDE I REJECT South Residential/Commercial building and Phase 3 - North Residential/Commercial building. 17. At the time of permitting, provide fire flow calculations to demonstrate a minimum fire flow of 3,000 gallons per minute (gpm) with 20 psi residual pressure per the City's Code of Ordinances for high-rise buildings, as stated in the 2010 LDR, X Chapter 4, Article VIII, Section 3.B.2.d., or the requirement imposed by insurance underwriters, whichever is greater (Code of Ordinances, Section 26-16(b)). 18. A fire hydrant shall be located within 100 ft. of each Fire Department Connection (FDC), along access roadways with all- weather driving surfaces, distance measured as the fire track X travels. Fire hydrant spacing shall provide coverage within a 200 ft. radius to all points of each building. 19. Fire hydrants shall be placed in an accessible, unobstructed location with 5 feet clearance in all directions. Bollards and a 6" raised curb may be required if the minimum distance cannot be X met. 20. Appropriate backflow preventer(s) are required on the domestic water service lines to the building, and all fire lines shall be in X accordance with the Code of Ordinances, Section 26-207. 21. The residential and commercial buildings shall be metered separately. At the time of permitting, the meter sizes and locations X shall be shown on the engineering drawings. 22. Sanitary sewer mains are available as indicated on the provided as-built drawings. It is the responsibility of the Developer to make X the necessary sewer lateral connections to serve each building. 23. The existing wastewater lift station is shown on the provided as- built drawings. At the time of permitting, detailed engineering calculations for wastewater demand shall be submitted for review X by Utilities. Any upgrades that are required to the lift station pumps or controls will be the responsibility of the Developer. 24. Grease interceptors are required for all proposed restaurants in the commercial space. At time of permitting, detailed engineering shall be submitted to demonstrate the capacity of grease X interceptors. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\Exhibit E- COA MPMD 23-004.doc Page 49 of 190 Boynton Beach Town Square Master Plan (MPMD 23-004) Conditions of Approval Page 4 of 5 DEPARTMENTS I INCLUDE I REJECT 25. On-site stormwater drainage infrastructure is available on site. At the time of permitting, pre-development and post-development stormwater calculations shall be submitted for review by Utilities X and Public Works/Engineering. 26. Reclaimed water infrastructure is available on site for irrigation. It is the responsibility of the Developer to make the necessary X connections for landscape irrigation. 27. Per the City's Code of Ordinances, water and sewer capital facilities charges (cap fees) must be paid prior to Utilities signing X the DEP/PBC Health Department permit applications. PLANNING AND ZONING Comments: 28. The subject application is contingent on the applicant's participation in the City's Workforce Housing Program. X 29. Provide an executed and recorded Development Agreement. X 30. Replat of the Master Plan area is required prior to approval of any permit for the site. X 31. Clarify Note no. 3) on sheet MSP-1 pertaining to development of phases. The development elements delineated by the Phasing X Plan shall be constructed accordingly. 32. Correct the net site area provided for the Useable Open Space Calculation on sheet MSP-1. X 33. Provide the net area of each parcel, and revise Maximum Building Area provided in the Project Summary table on sheet MSP-1. Maximum Building Areas shall be tabulated based on the net area X of each parcel. 34. Twenty-two (22) on-street parking spaces are provided, based on the Parking Spaces Provided table on sheet MSP-2. Correct the X note on the plan to be consistent with the table. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\Exhibit E- COA MPMD 23-004.doc Page 50 of 190 Boynton Beach Town Square Master Plan (MPMD 23-004) Conditions of Approval Page 5 of 5 DEPARTMENTS I INCLUDE I REJECT 35. Provide documentation indicating the completed land exchange between the City and JKM BTS North Parcel. The City is to gain ownership of the parcel located at the northwest corner of Ocean Avenue and NE 1St Street (1.1401 aces, Parcel No. 08434528480030030) in exchange for the property located at the X southeast corner of E. Boynton Beach Blvd and N. Seacrest Blvd (1.1019 acres, Parcel no. 08434528480010020 & 08434528480010010). 36. Text amendments of the Land Development Regulations for the City's Workforce Housing Program (CDRV 23-001), Commercial Frontage Requirements (CDRV 23-002), and the process and criteria establishment for Development Agreements (CDRV 23- X 003) must be approved by the City Commissioners prior to approval of this Major Master Plan Modification. 37. Prior to Site Plan Approval, a traffic study and plan must be approved by the City Engineering Division. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Master Plan\Town Square Master Plan Major MPMD 23-004\Staff Report\Exhibit E- COA MPMD 23-004.doc Page 51 of 190 X. AFFIDAVIT: RE: Major Master Plan Modificia Property Address: 100 E. Boynton Bq�l Project Name: Town Square File #: MPMD 23-004 1 /We, the undersigned do certify that to the best of my knowledge, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above-referenced subject property. This reflects the most current records on file in the Palm Beach County Property Appraiser's Office. The notifications were postmarked a minimum of 10 days in advance of the public hearing. Site signs were posted on the premises a minimum of 10 days in advance of the public hearing in accordance with City Ordinance 04-007. Attached, are photographs of the signs showing their placement on the property and the abutting right-of-way. Sincerely, - Signature of Applican Agent Bradley Miller, AICP Print Name County of- Palm Beach Sworn to (or affirmed)and subscribed before me this: 13 dafy January 2023 By, Bradley Miller WtAtOgo Name of person making statement mot ry b«, s commfmy Cum 'As # 1,0 Signature of Notary Public- State of Florida Ailish Villalobos Print, Type, or Stamp Commission Name of Notary Public hysica Or Online \-Presence,.1 Notarization Personally G Or Produced Known Identification Type of Identification Produced: 22 Page 52 of 190 CITY OF BOYNTON BEACH NOTICE OF PUBLIC HEARINGS NOTICE OF MAJOR MASTER PLAN MODIFICATION NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on Tuesday, January 24, 2023 at 6:30 p.m. and a PUBLIC HEARING on Tuesday, February 21, 2023 at 6:00 p.m. before the City Commission to consider approval of a Major Master Plan Modification for the Town Square project. All hearings will be held at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The requests are described as follows: LOCATION: Area bounded by E. Boynton Beach Boulevard to the North; SE 2nd Avenue to the South; NE/SE 1St Street to the East; and Seacret Boulevard to the West. REQUESTS: Amend the Approved Master Plan (MPMD 23-004) as generally outlined below to: ➢ Redesignate Phase 2 Residential/Commercial (South) site from a 6 story (75') high building with residential dwelling units and parking garage to an 8 story (Max. 87') high building with residential dwelling units, commercial space and parking garage, with participation in workforce housing program. ➢ Redesignate Phase 4 Hotel site to be incorporated into Phase 3, Residential/Commercial site with residential dwelling units, commercial space, and parking garage, with participation in workforce housing program. ➢ Redesignate Phase 3A Residential site as Phase 4 Hotel Site with hotel rooms, commercial space, and parking garage. ➢ Redesignate Phase 3B as Phase 3 Residential/Commercial (North) site with an 8 story (Max. 99') high building with residential dwelling units, commercial space, and parking garage, with participation in workforce housing program. LEGAL DESCRIPTION: BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 127, PAGES 1 THROUGH 5 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS PARCEL 8. Page 53 of 190 r it^"", < ��xs, ,1 Et �57r• ,IT G �I�{it +a 'l ittt rtDo Mori r) 4fr'ta�° .1} t ,».�i�i U�),�L�\ sitt'!'1Y lilt a5il1t fi4N+l�t �( 1s 1 qtr ii' �t I v e I AIN, a !t 'sr;� t a - � 777777777771 MAN This request can be viewed between the hours of 8:00 a.m. and 5:00 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 at (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION Page 54 of 190 }} i qy )x 3 t ggtjI i SSjsi 4 F �#j t t t t sr or 1, - s° t "� II I? s hw�; I, 01/12/2023 �1}�)j1) >v� ' SA ;t Si n r S,. 3 su4: �i�44 eft ,, ` � ;•' SSS atia3!3'nt i }� jS ii c � r ireuaY k1 min ���. r i, s - i rr � � i i-� p y f sI- i i{s SjySS�3 tt d#s1y1�i1 rev "1, I �c3fi� t t y -tr 01/12/2023 r3 t i- �u.�armK t I` Y II 01/12/2023 01/12/2023 Q1/12/2023 Yfi';4;5. 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ATLANTIS FL 33462 1035 08434528410010040 400 084345284100200110 400 98434528420000041 400 KIRCHHOFF PAUL A& KONKOSKI EDWARD J JR BERTINO MICHAEL& 130 E OCEAN AVE APT 1 PO BOX 6 213 SE 3RD AVE APT 4A BOYNTON BEACH FL 33435 4570 PRINCETON JUNCTION NJ 08550 0006 BOYNTON BEACH FL 33435 4572 08434528410010050 400 08434528420000011 400 08434528420000042 400 SHORE KIRCHHOFF BARBARA HARVEST RESIDENTIAL II LLC WINDSOR ARTHUR D 130 E OCEAN AVE APT 1 120 N SWINTON AVE 6100 RAINBOW CIR BOYNTON BEACH FL 33435 4570 DELRAY BEACH FL 33444 2634 GREENACRES FL 33463 3605 08434528410010060 400 08434528420000012 400 08434528420000043 400 KIRCHHOFF PAULA& FEACHER TAMMI ALFRED H JONES JR TRUST 130 E OCEAN AVE APT 1 221 SE 3RD AVE APT 1B 2050 SW 10TH CT APT 314 BOYNTON BEACH FL 33435 4570 BOYNTON BEACH FL 33435 4563 DELRAY BEACH FL 33445 6024 Page 65 of 190 08434528420000051 400 08434528480010010 400 08434528480020030 SCHRADIN MARK A& BOYNTON BEACH CITY OF JKM BTS NORTH LLC 404 SE 12TH AVE APT A 100 E BOYNTON 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BTS CENTRAL LLC JKM BTS SOUTH LLC 120 N SWINTON AVE 2300 GLADES RD STE 202E 2300 GLADES RD STE 202E DELRAY BEACH FL 33444 2634 BOCA RATON FL 33431 BOCA RATON FL 33431 08434528420000063 400 08434528480070010 400 WOLFE DAVID JKM BTS SOUTH LLC 340 NE 69TH CIR 2300 GLADES RD STE 202E BOCA RATON FL 33487 1632 BOCA RATON FL 33431 08434528420000072 400 08434528480080000 400 KRETZER CLAUDIA BOYNTON BEACH CITY OF 6715 NW 43RD PL 100 E BOYNTON BEACH BLVD CORAL SPRINGS FL 33067 3004 BOYNTON BEACH FL 33435 3838 08434528420000073 400 08434528480010020 SIRINGO GINA D BOYNTON BEACH CITY OF 316 SE IST ST UNIT 7 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 4200 BOYNTON BEACH FL 33435 3838 08434528420000082 400 08434528480020010 BEIGEL AL JKM BTS NORTH LLC PO BOX 1790 2300 GLADES RD STE 202E BOCA RATON FL 33429 1790 BOCA RATON FL 33431 7335 08434528420000083 400 08434528480020020 MUNOZ ANA M JKM BTS NORTH LLC 316 SE IST ST APT 8 2300 GLADES RD STE 202E BOYNTON BEACH FL 33435 4200 BOCA RATON FL 33431 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New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approval of The Pierce Rezoning (REZN 22-001)from Central Business District (CBD) to Mixed-Use Core (MU-C) with a master plan for 300 multi-family residential units and 17,015 square feet of commercial square footage. Applicant: Jeffery Burns, Affiliated Development EXPLANATION OF REQUEST: The Pierce development is proposed for 3.04 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan (CRA Plan). The project site is an assemblage of properties consisting of eight(8) developed and undeveloped parcels, including one- and two- story commercial buildings and surface parking lots. The parcels are classified as Mixed-Use High (MXH) allowing a maximum density of 100 dwelling units per acre (du/ac), and zoned Central Business District (CBD). 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. The requested zoning district allows a maximum density of 80 du/ac; the underlying future land use classification maximum density may be realized through density bonuses outlined within the Land Development Regulations (LDR). The requested MU-C zoning designation is consistent with the CRA Plan. The applicant proposes to develop a mixed-use project with 300 multi-family rental units and approximately 17,089 square feet of ground commercial space including restaurants fronting Boynton Beach Boulevard and Ocean Avenue, retail adjacent to NE 4th Street, office spaces adjacent to Federal Highway, and a freestanding parking garage (Exhibit F —Site Plan and Master Plan). The proposed density of 99 du/ac exceeds the requested zoning district's maximum density (80 du/ac); however, the developer proposes to participate in the City's Workforce Housing Program. Per LDR, the maximum density within the MU-C zoning district may be increased by twenty-five percent (25%) for projects located within the Downtown Transit- Oriented Development District (DTODD), with participation in the City's Workforce Housing Program. 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 Broadstone Boynton Beach site plan has received approval under MU-C zoning. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Staff has reviewed the proposed rezoning and recommends DENIAL based on the recommendation of denial for variance request ZNCV 23-002; however, should the City Commission approve the applicant's request for a variance for relief from Part 111, Chapter 4, Article 11, Section 4.B.3.c Urban Landscape Buffer (Type 2); then staff recommends APPROVAL of The Pierce Rezoning (REZN 22-001) based on the findings that the project implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies, and is consistent with the Complete Streets Mobility Plan. Page 68 of 190 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Exhibit Exhibit B - Existing Zoning D Exhibit Exhibit C ® Proposed Zoning D Exhibit Exhibit D ® Existing Future Land Use D Exhibit Exhibit E ® Rezoning Justification Statement D Exhibit Exhibit F ® Site Plan and Master Plan Page 69 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-009 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director,45,e FROM: Craig Pinder, Planner II DATE: January 19, 2023 PROJECT: The Pierce Rezoning (REZN 22-001) REQUEST: Approval of The Pierce Rezoning (REZN 22-001) from Central Business District (CBD) to Mixed-Use Core (MU-C) with a master plan for 300 multi-family residential units and 17,015 square feet of commercial square footage. PROJECT DESCRIPTION Property Owners: Boynton Beach CRA & BB QOZ LLC Applicant: BB QOZ, LLC Agents: Rebecca Zissel/Sachs Sax Caplan, P.L. Location: Generally located at northwest corner of Ocean Avenue and Federal Highway, extending north to Boynton Beach Boulevard and Federal Highway, extending west to NE 4th Street and Federal Highway, and south to approximately one- half block north of Ocean Avenue (Exhibit A) Existing Land Use/ Zoning: Mixed Use-High (MXH)/ Central Business District (CBD) Proposed Land Use/ Zoning: Mixed Use-High (MXH)/ Mixed Use-Core (MU-C) Proposed Use: Mixed-use project with 300 multi-family units and approximately 17,089 square feet of commercial space Page 70 of 190 The Pierce Rezoning (REZN 22-001) Memorandum No PZ 23-009 Page 2 Acreage: 3.04 acres Adjacent Uses: North: To the north, right-of-way of Boynton Beach Boulevard, then further north, developed commercial properties classified Mixed Use High (MXH) and zoned Central Business District (CBD); South: To the southwest, the Dewey Park classified Mixed Use High (MXH) zoned Central Business District (CBD); to the south, right-of-way of Ocean Avenue, then further south, a mixed-use project AKA 500 Ocean classified MXH and zoned Mixed Use- Core (MU-C); East: To the east and northeast, developed commercial properties classified Mixed Use-High (MXH) and zoned Central Business District (CBD); on the southeast, right-of-way for Federal Highway, then an undeveloped property classified MXH and zoned Mixed-Use Core (MU-C); West: Right-of-way of NE 4t" Street, then an undeveloped parcel classified Mixed Use-High (MXH) and zoned Central Business District (CBD). BACKGROUND The Pierce development is proposed for 3.04 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan (CRA Plan). The project site is an assemblage of properties consisting of eight (8) developed and undeveloped parcels, including one- and two-story commercial buildings and surface parking lots. The parcels are classified as Mixed-Use High (MXH) allowing a maximum density of 100 dwelling units per acre (du/ac), and zoned Central Business District (CBD). 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. The requested zoning district allows a maximum density of 80 du/ac; the underlying future land use classification maximum density may be realized through density bonuses outlined within the Land Development Regulations (LDR). The requested MU-C zoning designation is consisted with the CRA Plan. The applicant proposes to develop a mixed-use project with 300 multi-family rental units and approximately 17,089 square feet of ground commercial space including restaurants fronting Boynton Beach Boulevard and Ocean Avenue, retail adjacent to NE 4t" Street, office spaces adjacent to Federal Highway, and a freestanding parking garage (Exhibit F — Site Plan and Master Plan). The proposed density of 99 du/ac exceeds the requested zoning district's maximum density (80 du/ac); however, the developer proposes to participate in the City's Workforce Housing Program. Per LDR, the maximum density S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\REZN 22-001\The Pierce Staff Report REZN 22- 001 Final.doc 2 Page 71 of 190 The Pierce Rezoning (REZN 22-001) Memorandum No PZ 23-009 Page 3 within the MU-C zoning district may be increased by twenty-five percent (25%) for projects located within the Downtown Transit-Oriented Development District (DTODD), with participation in the City's Workforce Housing Program. 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 Broadstone Boynton Beach site plan has received approval under MU-C zoning, and is currently in the building permit process seeking approval for construction. REVIEW BASED ON CRITERIA The criteria used to review rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes a rezoning. a. Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the city's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. The requested rezoning of the subject site aligns with the CRA 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 implemented through the development of the highest density and intensity projects, supported by the City's most intense FLU and zoning designations, and by providing the opportunity for additional density bonuses for developments located within the DTODD. In addition, a heightened rationale for intensification of downtown development has been driven by the planned Coastal Link commuter train station, which the 2012 Florida Department of Transportation's TOD Guidebook would classify as a Community Center station, requiring gross density between 11 and 16 du/ac. In support of creating a `transit-ready' downtown, the development includes improvements to the existing pedestrian facilities by providing street trees and sidewalks that are a minimum width of 10' along the perimeter of the site. Bicycle racks and a public bike share station are also included in support of a multimodal transportation environment, consistent with the vision of the Boynton Beach Complete Streets Mobility Plan. As stated in the applicant's justification statement (Exhibit E), the project proposes 300 dwelling units, or a density of approximately 99 du/ac and approximately 17,089 square feet of commercial space. The amendment to the zoning map is necessary for the continued implementation of the city's vision as described in the CRA Plan. b. Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, or any other current city- approved planning documents. The Proposed MU-C zoning district is consistent with the recommendation of the 2016 S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\REZN 22-001\The Pierce Staff Report REZN 22- 001 Final.doc 3 Page 72 of 190 The Pierce Rezoning (REZN 22-001) Memorandum No PZ 23-009 Page 4 CRA Plan, Boynton Beach Complete Streets Mobility Plan, and the City's Comprehensive Plan. The MU-C zoning district is intended to replace the existing CBD zoned parcels classified as MXH, upon request from the developer. The rezoning is also consistent with the following Comprehensive Plan policies: Policy 1.12.1 The City shall continue to utilize Workforce Housing program to facilitate the construction of affordable rental and for sale housing units. 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 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. Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. The proposed location of the freestanding parking garage is currently proposed to encroach into the the required landscape buffer at the east property line. A relief application requesting a variance (ZNCV 23-002) of seven (7) feet from the required twelve (12) foot landscape buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall has been submitted and staff recommends denial of the variance (refer to staff report ZNCV 23- 002). However, the proposed master plan, supported by the subject rezoning, would be compatible in scale and character with several nearby developments that are either already constructed, in permitting, or approved. 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. The proposal will not create an isolated zoning district, as the properties to its south (500 Ocean) and east (approved Ocean One site) are zoned MU-C. In addition, all neighboring properties immediately north, south, east, and west of the proposed project and immediately west of the FEC tracks currently carry S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\REZN 22-001\The Pierce Staff Report REZN 22- 001 Final.doc 4 Page 73 of 190 The Pierce Rezoning (REZN 22-001) Memorandum No PZ 23-009 Page 5 the MXH future land use category, while several nearby developments, either built (500 Ocean, Marina Village and Casa Costa) or approved (Ocean One, Broadstone, and The Villages), are zoned MU-C. The existing CBD zoning of the properties assembled for the project is being gradually phased out and replaced with mixed-use zoning designations corresponding to the MXH and MXM future land use categories. The proposed rezoning would continue the implementation of the land use pattern envisioned for the Downtown District by the CRA Plan. Note that the CRA Plan's FLU recommendation for the areas north, east, and west of the proposed project is Mixed Use High (MXH). This classification carries a maximum density of 100 du/ac that is achievable with receiving a 25% density bonus through participation in the City's Workforce Housing Progam or by providing "half units" as defined by the LDR. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. As stated in the responses for criteria "b" and "c", the proposed rezoning is consistent with the recommendations of the CRA Plan and Comprehensive Plan. The CRA Plan identifies the need for an assemblage of parcels within the Downtown District due to a lack of developable land. The proposal represents an assemblage of eight (8) parcels, all of which are proposed to be rezoned to MU-C, and will meet the minimum building and site regulations for the zoning district. The surrounding parcels are currently zoned CBD and will not be negatively impacted by the proposed rezoning. Therefore, the proposed amendment would not result in the creation of an undevelopable parcel(s). Furthermore, the proposal is accompanied by a master plan for a mixed-use multi-story building with multi-family units, commercial space, and a parking structure. The assemblage of parcels for the master planned development further discourages piecemeal development. e. Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses, the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options, or interconnectivity within the project and between adjacent properties. See the response to criterion "c," as well as response to criterion "d". The proposed amendment to the zoning map is consistent with the vision of the Downtown District embedded in the CRA Plan, and will be complementary with the existing development and future redevelopment of the surrounding areas as the implementation of the CRA Plan continues. In addition, the existing MXH FLU classification of the parcels is intended to allow for the most intense development within the city, and the proposed MU-C urban zoning district implements the MXH category. Part III, Chapter 3, Article III, Sec.5.A.1 of the LDR states "the urban mixed-use zoning districts are intended to implement the CRA Plan by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each CRA district, and by establishing quality streetscapes and pedestrian environments as part of a compact S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\REZN 22-001\The Pierce Staff Report REZN 22- 001 Final.doc 5 Page 74 of 190 The Pierce Rezoning (REZN 22-001) Memorandum No PZ 23-009 Page 6 urban setting." The proposed master plan provides for a mix of uses (residential and commercial) and a variety of pedestrian amenities including wide sidewalks and street trees. In addition, the development will support multi-modal transportation, is positioned to support the anticipated commuter train station, and is consistent with the LDR's purpose and intent for the urban mixed-use zoning districts. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. This request is for rezoning only. The 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.) Developments located within the Transportation Concurrency Exception Area (TCEA) are not subjected to standard traffic concurrency analyses. Nonetheless, the traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 1,664 net new daily trips, 126 new am peak hour trips and 115 new pm peak hour trips. Since the subject property is within the Traffic Concurrency Exception Area, it is exempt from the Palm Beach County Traffic Performance Standards. The applicant has submitted a School Capacity Availability Determination (SCAD) application to the PBC School District for review, and approval of the new major site plan and master plan applications are conditioned upon receiving a SCAD approval letter. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not- a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: a. Create new employment opportunities,- b. pportunities,b. Contribute to the enhancement and diversification of the city's tax base,- c. ase,c. Respond to the current or anticipated market demand or community needs, or d. Alleviate economic obsolescence of the subject area. S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\REZN 22-001\The Pierce Staff Report REZN 22- 001 Final.doc 6 Page 75 of 190 The Pierce Rezoning (REZN 22-001) Memorandum No PZ 23-009 Page 7 The proposed rezoning would not represent a decrease in the possible intensity of development, nor would it represent a decrease in the number of uses with high probable economic development benefits. The proposed project generates economic development benefits as it presents an opportunity to become yet another contributor to a successful, lively downtown, by bringing more development to the area and attracting more residents and visitors to the city. Moreover, the density increase in the DTODD is essential for support of a future commuter service stop. The direct impact on job generation would be modest; however, there will be substantial indirect effects through increased demand for retail and restaurant uses. The project also has the potential to add a significant contribution to the City's tax base. Market demand for apartment rentals is high, especially apartment units that are affordable. The project will be a mixed-income housing development that will include apartment units at an attainable price-point through participation in the City's Workforce Housing Program. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph above. 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 approximately 17,089 square feet of commercial uses. RECOMMENDATION Staff has reviewed the proposed rezoning and recommends DENIAL based on the recommendation of denial for variance request ZNCV 23-002; however, should the City Commission approve the applicant's request for a variance for relief from Part III, Chapter 4, Article II, Section 4.B.3.c Urban Landscape Buffer (Type 2); then staff recommends APPROVAL of The Pierce Rezoning (REZN 22-001) based on the findings that the project implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies, and is consistent with the Complete Streets Mobility Plan. S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\REZN 22-001\The Pierce Staff Report REZN 22- 001 Final.doc 7 Page 76 of 190 � q F .F"mfiR � —moi( �l �`• V i s�� �� {:s�Y� ��ES i\� I : • • . - � fix = . �� {n1 attar �� ..�� o � �tf, rs• �r � l#1� IY@A s y , s � k � 1l (I y{. w , x ' fit,gM44 i �s N k 8 BVI p y r Feet fi tid d 4 Page 77 of 190 1 J 11 LL S� �' �' E Boynton Beach Bl�d' � � u m IV, s n i C , 44 EM, �. E Ocean Ave ,� a � s �I70� Zoning m� R3 Multi Family, 11 du/ac C2 Neighborhood Commercial h C3 Community Commercial SE 1st Ave' C4 General Commercial CBD Central Business District M1 Light Industrial IM MU-2 Mixed Use 2,40 du/ac �, yep a eo ;'x �� ��t � MU-C Mixed Use Core,80 du/ac 11 � s{ H: impi i � m w Stip' B � t� v� ��, t _�;v �"j� •t '�� 9 n� � I t> f S� % I ' E Boynton Beach BI✓d � i; ' v I i Za { m' WNE,1 st ve �� t i d l E Ocean Ave v a Zoning R3 Multi Family, 11 du/ac b ® C2 Neighborhood Commercial C3 Community Commercial $E'LSt]�►Ve' �', #C4 General Commercial v CBD Central Business District h r M1 Light Industrial MU-2 Mixed Use 2,40 du/ac MU-C Mixed Use Core,80 du/ac �Y t t 4; �. a '�"£ E Boynton Beach Bl�d' � ;� y K m a 1 w j It - r g t( � , 4 u t 3 OB o E Ocean 4 , v ;f I� 1 3 1Y t Future Land Use LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL 1 MIXED USE MEDIUM (MXM)-� 50 D. ./Acre H MIXED USE High (MX 80 D.U./Acre tr }}4}g{{U Exhibit E P i€ t I Project Narrative- The Pierce, Rezoning This application for Rezoning is submitted on behalf of BB QOZ, LLC (the "Applicant") for the project known as The Pierce. Applications for a New Master Plan, New Major Site Plan, Abandonments, Community Design Appeals, and Height Exception are being submitted concurrently. Pursuant to Section 2.1) of the Boynton Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development Regulations") Chapter 2, Article II, this application would seek to change the zoning designation of the subject property from Central Business District(CBD) to Mixed-Use Core (MU-C)including a Master Plan. The rezoning is consistent with the Future Land Use Map(FLUM) classification of Mixed-Use High (MXH), and no amendment to the FLUM classification is proposed. The rezoning application meets the criteria specified in Section 2.D.3 of Chapter 2, Article II of the Land Development Regulations as follows: a. Demonstration of Need The proposed amendment to the zoning designation is necessary for and supported by implementation of the city's vision for development in the area. The Pierce will be constructed on underutilized and largely vacant property. It is the first luxury apartment building constructed in east Boynton Beach with Class A features and amenities at an attainable price-point. The Pierce will add 300 new households to the community and over 17,015 SF of restaurant/retail/office space. The developer will provide 150 parking spaces in the parking garage for use by the general public for enhancement of the downtown. b. Consistency The proposed amendment to the zoning map is consistent with, and promotes, the purpose and intent of Comprehensive Plan policies, Redevelopment Plans, and other city-approved planning documents, including but not limited to the following: - Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project that promotes a compact urban development pattern and discourages sprawl. - Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family rental housing for a broad range of income groups. - Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1: Provides workforce housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. c. Compatibility The proposed MU-C zoning designation is compatible with the surrounding uses in terms of density, scale, and nature of use. Many surrounding properties are zoned MU-C,including the property directly east across Federal Highway,the property diagonally northeast along Federal Highway,and the property directly south across E Ocean Avenue. d. Orderly Growth The proposed amendment to the zoning map encourages orderly growth. This is a 3-acre parcel in an area compatible with the proposed zoning designation. The current and proposed zoning designations both make sense for the downtown area. The parcels that compose this large underutilized and largely vacant property Page 81 of 190 The Pierce, Rezoning Narrative Page 12 have been combined for this project. The proposed use,which includes 300 residential units, 17,015 SF of restaurant/retail/office space, and additional parking for use by the public will contribute to the area and encourage further development of neighboring properties. In this way, it is in sync with the City's goals for redevelopment of the downtown area. Accordingly, it will not encourage piecemeal development. Likewise, the proposed amendment to the zoning map would not create undevelopable parcels. The plans take underutilized and largely vacant property and propose a development that will contribute to the neighborhood. The property adjacent to the proposed development that would remain at the existing zoning is currently occupied with active businesses that will remain in operation. The adjacent parcel's existing zoning of CBD will allow for multiple development opportunities that would make sense at the location if in the future redevelopment is desired at that site. e. Location Efficiency The proposed amendment to the zoning map would support complementary land uses. The Future Land Use designation of the site is Mixed Use High (MXH). This is a designation intended for areas east of I- 95 that allows for high-density mixed-use projects. MU-C Zoning is defined in Part III of the Land Development Regulations, Chapter 3,Article III, Sec. 5.A.2.e as a district that"implements the Mixed Use High(MXH) future land use map (FLUM) classification of the Comprehensive Plan." The permitted uses in the zoning district include high-density mixed-use projects like those contemplated in the comprehensive plan for MXH designated areas. Accordingly, the proposed amendment to MXH would support complementary land uses. The amendment would also support the integration of a mix of land uses consistent with smart growth and sustainability initiatives. Chapter 3,Article III, Sec.3.E.I of Part III of the Land Development Regulations discusses the general intent of the CBD Zoning District. It says "The CBD Zoning district was established with the intent to serve the entire community,create a high volume of pedestrian activity,provide business, recreation and residential opportunities, and maximize the potential of the waterfront. The district is considered the predecessor to the high density urban mixed use zoning districts, and will eventually be supplanted by them." (emphasis added). Uses allowed under the current CBZ zoning include residential uses in mixed-use buildings as well as various retail/commercial/office uses. This type of development is the type contemplated in the land development regulations for smart growth. As described in the accompanying narratives for this project,it also supports sustainability initiatives. We refer to those narratives for reference as to the details of the sustainability features. f. Availability of Public Services/Infrastructure The proposed rezoning meets the requirements of Chapter 1, Article VI Concurrency as follows: 1. Potable Water, Sanitary Sewer, Drainage, and Solid Waste. The applicant will pay the Capital Facilities Charges and Connection Charges for Potable Water, Sanitary Sewer, Drainage, and Solid Waste as applicable. The development agreement guarantees that the necessary facilities and services will be in place when the development impacts occur. 2. Parks and Recreation The applicant has complied with the requirements of the Parks and Recreation Facilities Impact Fee ordinance. Page 82 of 190 The Pierce, Rezoning Narrative Page 13 3. Roads The applicant has complied with the requirements of Palm Beach County Traffic Performance Standards (TPS) ordinance. The traffic analysis that was performed evaluates the level of service (LOS) at intersections in the vicinity of the site. As noted in the traffic study, the adopted LOS D standard is anticipated to be met at all intersections evaluated throughout buildout of this project. g. Economic Development Impact The proposed rezoning would not represent a potential decrease in the possible intensity of development, nor would it represent a potential decrease in the number of uses with high probable economic development benefits. The Pierce is a development project bringing in 300 apartment units with state-of-the-art amenities, secure parking, interactive public spaces, restaurant, retail and office use and public parking. The Pierce will create a new live-work-play destination in East Boynton Beach,helping catalyze the area and creating the potential for redevelopment of nearby properties. In addition,the proposed rezoning would contribute to the enhancement and diversification of the city's tax base. The project will be constructed on underutilized and largely vacant property,which creates very little property tax generation to the City. The Pierce is adding 300 new households to the community and over 17,015 SF of restaurant/retail/office space which will greatly contribute to the local area spending,business development and investment. The proposed rezoning also responds to market demand and community needs. It is the first luxury apartment building constructed in east Boynton Beach with Class A features and amenities at an attainable price-point for the City's workforce. As a mixed-income housing development, all tenants will benefit from the same luxury finishes and amenities,regardless of income. h. Heavy Commercial and Industrial Land Supply The amendment to the zoning map would not reduce the amount of land available for commercial/industrial development. Page 83 of 190 o= e M� i fie I ee n Si _e es � ...ira■�� iio�� � ■I■n a VMS CL CL d LL 1 ® IIII W I 1111111 + g o Q LU Ppb'..�'� 5 El 0 LU LL w I ;`< �> a '� z J U ALL- a D_ W Noiionb1SNOO K0 lON I -- - ------- --- --- ------------ --- ------ ---- _ — ——————— I o I I--I— -- ed--—— — 4 0 ��d3 eoNJa� __ -- �� FI , { wo J a s y � n . 4 ��� lttv� 11��VAlVA1N4�sA\\;�\��s.u�x�; �;J,AAAA I I II i I a gi— - _ ago r >xi `is I e, a mw e a aa )\ um 4 n { � z " I /N 70 1411t111, np ,y 3 1_ ra.w m w so a w i . 7.7.F. New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approval of three (3) applications for abandonments to vacate a portion of an alleyway located within the northern section of the proposed The Pierce development AKA North Alley (ABAN 22-001), a portion of NE 1st Avenue (ABAN 22-002), and the full length of an alleyway located within the southern section of the proposed The Pierce developmentAKA South Alley (ABAN 22-003). Applicant: Jeffery Burns,Affiliated Development EXPLANATION OF REQUEST: The applicant is requesting three (3) abandonments (ABAN 22 - 001, ABAN 22-002, &ABAN 22-003) in conjunction with the following applications: The Pierce Rezoning (REZN 22-001) to rezone the subject properties from CBD (Central Business District) to Mixed Use-Core (MU-C), and The Pierce Master Plan (MPMD 22-005) and New Major Site Plan (NW SP 22-004)for the development of an 8-story mixed-use development consisting of approximately 17,089 square feet of ground floor commercial space and a supporting parking garage with a total of 564 parking spaces (see Exhibit"C" Conditions of Approval). The three requests are outlined as follows: North Alley (ABAN 22-0011 The applicant is requesting to abandon the west portion of the alleyway located within the northern section of the site between NE 4th Street and Federal Highway. The North Alley has an existing driveway and provides access to the existing parking lots and neighboring properties. The abandoned land will be transferred in equal portions to the abutting property owner(s) per State Statute. In this case the southern portion of the abandon area will be conveyed and developed for further implementation of The Pierce Master Plan and the northern portion will be conveyed to the abutting properties. The portions of the abandonment within the project boundary will be demolished for the proposed development. ROW of NE 1st Avenue (ABAN 22-002): The applicant is requesting to vacate the west portion of NE 1st Avenue between NE 4th Street and Federal Highway. The segment of the right-of-way to be vacated has an existing driveway that provides access to the existing parking lots and properties to the north and the south which is proposed to be redeveloped and incorporated into The Pierce development. The remaining portion of the right-of-way will continue to serve as access to the properties to the north. South Alley (ABAN 22-003): The applicant is requesting to vacate a full length of the alleyway located within the southern section of the site between NE 4th Street and Federal Highway. The South Alley has an existing driveway that provides access to the properties to the south and the existing parking lot to the north. These properties will be demolished for the implementation of The Pierce Master Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: The abandoned land area(s) will be conveyed to private owners; as a result, the land will be added to the City's tax roll. ALTERNATIVES: None recommended. Page 86 of 190 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Proposed Abandonment Locations D Attachment Exhibit B ® Legal Descriptions & Sketches D Conditions of Approval Exhibit C ® Conditions of Approval D Attachment Exhibit D.1 ® Justification Statement (North Alley) D Attachment Exhibit D.2 ® Justification Statement (NE 1st Ave) D Attachment Exhibit D.3® Justification Statement (South Alley) Page 87 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-007 STAFF REPORT TO: Chair and Members Planning & Development Board THRU: Amanda B. Radigan, AICP, LEED AP,45,e Planning and Zoning Director FROM: Craig Pinder, Planner II Jae Eun Kim, PLA, Principal Planner DATE: January 24, 2023 PROJECT: The Pierce Right-of-way Abandonment (ABAN 22-002) North & South Alley Abandonments (ABAN 22 — 001 &ABAN 22-003) REQUEST: Approval of three (3)applications for abandonments to vacate a portion of an alleyway located within the northern section of the proposed The Pierce development AKA North Alley (ABAN 22-001), a portion of NE 1 st Avenue (ABAN 22-002), and the full length of an alleyway located within the southern section of the proposed The Pierce development AKA South Alley (ABAN 22-003). BACKGROUND The applicant is requesting three (3)abandonment(ABAN 22-001,ABAN 22-002,&ABAN 22-003) in conjunction with the following applications: The Pierce Rezoning (REZN 22-001) to rezone the subject properties from CBD(Central Business District)to Mixed Use-Core(MU-C),and The Pierce Master Plan (MPMD 22-005)and New Major Site Plan (NWSP 22-004)for the development of an 8- story mixed-use development consisting of approximately 17,089 square feet of ground floor commercial space and a supporting parking garage with a total of 564 parking spaces(see Exhibit C Conditions of Approval) . The three abandonment requests are outlined below(refer to Exhibit A— Proposed Abandonments): North Alley (ABAN 22-001): The applicant is requesting to abandon the west portion of the alleyway located within the northern section of the site between NE 4th Street and Federal Highway. The North Alley has an existing driveway and provides access to the existing parking lots and neighboring properties. The abandoned land will be transferred in equal portions to the abutting property owner(s)per State Statute. In this case the southern portion of the abandon area will be conveyed and developed for further implementation of The Pierce Master Plan and the northern portion will be conveyed to the abutting properties.The portions of the abandonment within the project boundarywill be demolished forthe proposed development. The subject area is approximately 4,500 square feet, 20 feet wide by 225 feet (Exhibit B — Legal Descriptions and Sketches). Page 88 of 190 The Pierce Abandonments(ABAN 22-001,ABAN 22-002&ABAN 22-003) Memorandum No. PZ 23-007 Page 2 ROW of NE 1St Avenue (ABAN 22-002): The applicant is requesting to vacate the west portion of NE 1St Avenue between NE 4th Street and Federal Highway. The segment of the right-of-way to be vacated has an existing driveway that provides access to the existing parking lots and properties to the north and the south which is proposed to be redeveloped and incorporated into The Pierce development.The remaining portion of the right-of-way will continue to serve as access to the properties to the north. The subject area is approximately 9,004 square feet, 40 feet wide by 225 feet (Exhibit B — Legal Descriptions and Sketches). South Alley (ABAN 22-003): The applicant is requesting to vacate a full length of the alleyway located within the southern section of the site between NE 4th Street and Federal Highway.The South Alley has an existing driveway that provides access to the properties to the south and the existing parking lot to the north. These properties will be demolished for the implementation of The Pierce Master Plan. The subject area is approximately 6,700 square feet, 20 feet wide by 335 feet (Exhibit B — Legal Descriptions and Sketches). The applicant has provided justification statements for the abandonment requests (see Exhibit D— Justification Statements). The following is a description of the zoning districts and land uses of the properties that surround the subject abandonment requests: Adjacent Uses: North: On the northwest, the right-of-way of Boynton Beach Boulevard, then further north, developed commercial properties, classified Mixed Use High (MXH)and zoned Central Business District(CBD);on the northeast,developed commercial properties also under the MXH and CBD designations, and farther north, the right-of-way of Boynton Beach Boulevard; South: On the southwest, public park classified Mixed Use High (MXH)zoned Central Business District (CBD); on the southeast, the right-of-way of Ocean Avenue, then further south, a mixed-use project(500 Ocean),classified MXH and zoned Mixed Use-Core (MU-C); East: On the east northeast, developed commercial properties,classified Mixed Use- High (MXH) and zoned Central Business District(CBD); on the southeast, the right-of-way for Federal Highway,then an undeveloped property classified MXH and zoned Mixed-Use Core (MU-C); West: Right-of-way of NE 4th Street, then an undeveloped parcel, classified Mixed Use-High (MXH) and zoned Central Business District (CBD). ANALYSIS A notice of the requests was mailed to owners of properties within 400 feet of the subject properties. and signs were posted for the Planning & Development Board and City Commission meeting dates. S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)WbandonmentsWBAN 22-001,002, 003_Staff Report v4.doc Page 89 of 190 The Pierce Abandonments(ABAN 22-001,ABAN 22-002&ABAN 22-003) Memorandum No. PZ 23-007 Page 3 The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. A summary of the responses received from the City Engineering and Utilities, and the utility companies follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection with the provision of the necessary easements for the existing or future utilities. Planning and Zoning No objection with conditions (see Exhibit "C" - Conditions of Approval) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. AT&T No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. Florida Public Utilities No response received as of the date of this report. Comcast: No response received as of the date of this report. Crown Castle Fiber: No response received as of the date of this report. Fibernet Direct: No response received as of the date of this report. Level 3: No response received as of the date of this report. Sprint: No response received as of the date of this report. Hotwire: No response received as of the date of this report. Strome Networks: No response received as of the date of this report. Windstream: No response received as of the date of this report. PBC Traffic Engineering: No response received as of the date of this report. RECOMMENDATION Staff has determined that the three (3)requested abandonments(ABAN 22-001,ABAN 22-002,& ABAN 22 - 003) would not adversely impact traffic or other City functions and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject right-of-way and alley segments no longer serve a public purpose other than retention of necessary utility easements and therefore recommends APPROVAL of the requests, subject to the attached conditions (see Exhibit C - Conditions of Approval). Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit C. S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)WbandonmentsWBAN 22-001,002, 003_Staff Report v4.doc Page 90 of 190 v§ , j a- SPAN 22-0051 North galley 1 ,a i I !- I 1 S i w I ns� s ip AP�aN 22002 �� NP w y : e aP ,N 22003 ' c�ith galley }!t 7 JJ t aim r y I NO A 0 ` 25' 50 100 50 200 � t w. Feet Page 91 of 190 Page 92 of 190 SHEET 1 OF Exhibit "B"- 1 of 6 SKETCH AND DESCRIPTION ABAN 22 - 001 LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF THE 20 FEET WIDE ALLEYWAY IN BLOCK 1, ORIGINAL TOWN OF BOYNTON,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 1, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED N89°4841"E ALONG THE NORTH LINE OF SAID ALLEYWAY A DISTANCE OF 225.00 FEET; THENCE S01°22'36"E LEAVING SAID NORTH LINE A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF LOT 12, SAID BLOCK 1, THENCE PROCEED S89.4841"W ALONG THE SOUTH LINE OF SAID ALLEYWAYA DISTANCE OF 225.00 FEET TO THE EAST RIGHT OF WAY LINE OF NE 4TH STREET(PLATTED AS PALMETTO STREET),ALSO BEING THE NORTHWEST CORNER OF LOT 8, BLOCK 1; THENCE PROCEED N01 22'36"W ALONG SAID RIGHT OF WAYA DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT 7,ALSO BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 4,500.00 SQUARE FEET. SURVEYORS'NOTES: 1. 1 HEREBY CERTIFY THIS SKETCH AND DESCRIPTION MEETS STANDARDS OF PRACTICE SET FORTH IN RULE 5J-17.050-.052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO FLORIDA STATUTES. 2. THE SKETCH AND DESCRIPTION AND THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR VERIFIED ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER.. 3.ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. Ali 4'1 VOW 1 wa'��r� fib. nq tw 11-03-22 PROFESSIAND MAPPER DA TE FL RI � I `No. 7211 PRINCIPAL MERIDIANI SURVEYING INC. 4546 CAMBRIDGE STREET WEST PALM BEACH, FL 33415 PHONE 833.478.7764/FAX 561.478.1094 WWW.PMSURVEPW-�3 of 190 SHEET 2 OF 2 Exhibit "B"- 2 of 6 ABAN 22 - 001 . . EAST BOYNTON BEACH BOULEVARD ............................................... .......... STATE ROAD#804 a o 0 I RIGHT OF WAY cm-) I I I I a I I I oloz I I I I n+ ' � � I I I I n LOT 7 I LOT 6 I LOT 5 I LOT 4 I LOT 3 'T' I mei BLOCK 1 I BLOCK 1 I BLOCK 1 I BLOCK 1 I BLOCK 1 ym I I I I y I I I o G) � SW CORNER LOT 7, o a m BLOCK 1 I I I I o w I -mi POINT OF BEGINNING m 20'PLATTED ALLEYWAY 1 1 (P.B. 1, PG. 23) N 89'4841"E 225.00' L20.0'- z ti I0 0-, o w o S89°4841"W 225.00' I I I I I I I I I I I I I WEST 1/21 EAST 1/2 I LOT 8 1 LOT 9 i LOT 10 i LOT 11 i LOT 12 i LOT 12 BLOCK 1 I BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 I I I I I I I I I I I I I I GRAPHIC SCALE 40 0 20 40 PRINCIPALPmsI MERIDIAN SURVEYING INC. 1 INCH = 40 FT. 4546 CAMBRIDGE STREET WEST PALM BEACH, FL 33415 PHONE 833.478.7764/FAX 561.478.1094 WWW.PMS U RV EYI NG.N ET JOB#22-435 Page 94 of 190 SHEET 1 OF 2 Exhibit "B"- 3 of 6 SKETCH AND DESCRIPTION ABAN 22 - 002 LEGAL DESCRIPTION: A PORTION OF THE RIGHT OF WAY OF NE 1ST AVENUE AS SHOWN ON ORIGINAL TOWN OF BOYNTON,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 1, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED ALONG THE NORTH RIGHT OF WAY LINE OF SAID NE 1ST AVENUE N89°48'41"E A DISTANCE OF 225 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE WEST!OF LOT 12, BLOCK 1: THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE PROCEED S01 22'36"E A DISTANCE OF 40 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID NE 1ST AVENUE(ALSO BEING THE NORTH LINE OF BLOCK 6); THENCE PROCEED S89°4841"WA LONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 225.00 FEET TO THE NORTHWEST CORNER OF LOT 7 BLOCK 6,ALSO BEING THE INTERSECTION POINT OF THE EAST RIGHT OF WAY LINE OF NE 4TH STREET(PLATTED AS PALMETTO STREET); THENCE PROCEED N01'2236"ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 40.00 FEET TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 1,ALSO BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 9003.59 SQUARE FEET. SURVEYORS'NOTES: 1. 1 HEREBY CERTIFY THIS 1.THIS SKETCH OF DESCRIPTION MEETS STANDARDS OF PRACTICE SET FORTH IN RULE 5J-17.050-.052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO FLORIDA STATUTES. 2. THE SKETCH AND DESCRIPTION AND THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR VERIFIED ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER.. 3.ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. l ry° "s r,"w 08-29-22 PROFESSION 'AND MAPPER DATE FLORIDA ;, `No. 7211 J PRINCIPAL MERIDIAN I SURVEYING INC. 4546 CAMBRIDGE STREET WEST PALM BEACH, FL 33415 PHONE 833.478.7764/FAX 561.478.1094 WWW.PMSURVEPW-�5 of 190 SHEET 2 OF 2 Exhibit "B"- 4 of 6 ABAN 22 - 002 I I I I I I I I I I I I I I I II I I I WEST 1121 EAST 112 1 I LOT 8 I LOT9 1 LOT 10 I LOT 11 I LOT 12 1 LOT 12 1 I BLOCK 1 I BLOCK 1 I BLOCK 1 I BLOCK 1 I BLOCK 11 BLOCK 1 1 I I I I I I SW CORNER JOT 8, I BLOCK 1 I POINT OF BEGINNING 20.0' / I I RIGHT OF WAY {— z N 89°48'41"E 225.00' c„ o o _ _ _ _ _ NE 1st AVENUE_ _ _ w o CENTERLINE 40'PLATTED RIGHT OF WAY w o t7 rn - rn m i S89°48'41"W 225.00' m RIGHT OF WAY rn n I I I I I n Ism I I I LOT I LOT 6 I LOT 5 1 LOT4 I LOTS 1 m i n cBLOCK 6 1 BLOCK 6 I BLOCK 6 I BLOCK 6 I BLOCK 6 o Imp I I I I I � m I I I I I —{ I m o m I I I I I :7- < I I I I I I I I I GRAPHIC SCALE 40 0 20 40 PRINCIPALPmsI MERIDIAN SURVEYING INC. 1 INCH = 40 FT. 4546 CAMBRIDGE STREET WEST PALM BEACH, FL 33415 PHONE 833.478.7764/FAX 561.478.1094 WWW.PMS U RV EYI NG.N ET JOB#22-435 Page 96 of 190 SHEET 1 OF 2 Exhibit "B"- 5 of 6 SKETCH AND DESCRIPTION ABAN 22 - 003 LEGAL DESCRIPTION: A PORTION OF THE 20'ALLEYWAYAS SHOWN ON ORIGINAL TOWN OF BOYNTON,ACCORDING TO THE MAP OR PLAT THEREOFAS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID ALLEYWAY,ALSO BEING THE SOUTH LINE OF SAID BLOCK 6, N89°4659"E A DISTANCE OF 335.02 FEET TO A POINT 10 FEET WEST OF THE PLATTED WEST RIGHT OF WAY OF FEDERAL HIGHWAY(US HIGHWAY NO. 1), SAID POINT BEING THE WEST RIGHT OF WAY LINE OF SAID FEDERAL HIGHWAY PER F.D.O.T. R/W MAP SECTION 93010-2501, SHEET 4 OF 10;THENCE PROCEED ALONG SAID RIGHT OF WAY LINE S01°22'36"E A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID ALLEYWAY,-THENCE PROCEED ALONG SAID SOUTH LINE S 89°46'59"WA DISTANCE OF 335.02 FEET TO A POINT 5.00 FEET EAST OF THE WEST LINE OF SAID BLOCK 6;THENCE PROCEED N01°22'36"WA DISTANCE OF 20.00 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING 6700.30 SQUARE FEET. SURVEYORS'NOTES: 1. 1 HEREBY CERTIFY THIS 1.THIS SKETCH OF DESCRIPTION MEETS STANDARDS OF PRACTICE SET FORTH IN RULE 5J-17.050-.052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO FLORIDA STATUTES. 2. THE SKETCH AND DESCRIPTION AND THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR VERIFIED ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER.. 3.ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. l ry° "s r,"w 08-29-22 PROFESSION 'AND MAPPER DATE FLORIDA ;, `No. 7211 PRINCIPAL MERIDIANI SURVEYING INC. 4546 CAMBRIDGE STREET WEST PALM BEACH, FL 33415 PHONE 833.478.7764/FAX 561.478.1094 WWW.PMSURVEPW-�7 of 190 SHEET 2 OF 2 Exhibit "B"- 6 of 6 ABAN 22 - 003 I I I I I I 4 I I I I I I 11 50.0' O I I I I I I I i o iI I I I I I I i C I I I I I I I I I i n 20.01 1 1 1 1 1 1 SW CORNER LOT 7, 1 1 1 1 1 1I I m c'A BLOCK 6 1 o l rn z ]POINT OF COMMENCEM NT LOT7 I LOT6 1 LOT5 j LOT4 j LOT3 j LOT j LOT 1 j o l� r- a BLOCK 6 1 BLOCK 6 1 BLOCK 6 1 BLOCK 6 1 BLOCK 6 1 BLOCK 6 1 BLOCK 6 1 1 c„ DO 12 m POU T OF BEGINNI GNO ZD I I I I I b 12 �f m 1 1 N 89°46'5 1"E 335.02' I I I I aN 894659"E 5.00' 20'PLATTED ALLEYWAY m �' m Kul (P.B. 1, PG. 23)S 89°4659"W 335.02' I oz l �''y ml zo I I I I I I 1 1 IoN I I I I I I 1 1 m o al:70 lob I I I I I I 1 i � Im o 'T� 1 LOT 1 LOT9 1 LOT 10 1 LOT 11 1 LOT 12 1 LOT 13 1 LOT 14 1 1 -1 o � -+ I I I I I BLOCK 6 1 BLOCK 6 1 BLOCK 6 1 1 m I I 1 BLOCK 6 1 BLOCK 6 1 BLOCK 6 1 BLOCK 6 1 I I I = � I I I I I I 1 iZD � rnI I I I I I I 1 -i I I I I I I 1 1 o n I I I I I I 1 i oT o f TZ, I C/II L------I------- I 1 � m � I ` I 0 I N I N N I O O GRAPHIC SCALE 60 0 30 60 PRINCIPALPmsI INEIRIDIAN I SURVEYING INC. 1 INCH = 60 FT. 4546 CAMBRIDGE STREET WEST PALM BEACH, FL 33415 PHONE 833.478.7764/FAX 561.478.1094 WWW.PMSURVEYING.NET JOB#22-435 Page 98 of 190 EXHIBIT "C" Conditions of Approval Project Name: The Pierce File number: ABAN 22-001, ABAN 22-002, &ABAN 22-003 Reference: 41h review of plans identified as a New Maior Site Plan and New Master Plan with a January 10, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: No comments of abandonment requests X PLANNING AND ZONING Comments: 1. Final approval and recordation of the abandonments are contingent on the submittal of a building permit for the residential X building associated with the New Major Site Plan application (NWSP 22-004). 2. Clarify discrepancy of five (5) foot wide portion of land along the southern boundary of NE 1St Ave to be abandoned. The legal sketch for the subject area illustrates 40ft wide right-of-way for X abandonment; however, the Palm Beach Property Appraiser GIS map shows a right-of-way width of 45 feet. 3. Provide consent letters from applicable public utility companies including the City's Utility Department of each abandonment X request. If easements and/or relocation of utilities are required it will be at the sole cost of the developer. 4. Provide consents signed by the adjacent property owners of the X abandonment requests. UTILITY PROVIDERS Comments: Pending for determination or approval. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined CITY COMMISSION CONDITIONS S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(flea 115 N Federal Hwy)Wbandonments\Exhibit C-COA_ABAN 22-001, 002,003.doc Page 99 of 190 The Pierce Abandonments (ABAN 22-001, ABAN 22-002, &ABAN 22-003) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT Comments: To be determined ADDITIONAL REPRESENTATIONS/COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(flea 115 N Federal Hwy)Wbandonments\Exhibit C-COA_ABAN 22-001, 002,003.doc Page 100 of 190 Exhibit DA Justification Statement- The Pierce,North Alley Abandonment This application for Abandonment is submitted on behalf of BB QOZ, LLC(the "Applicant") for the project known as The Pierce. Applications for Rezoning,New Master Plan,New Major Site Plan, Community Design Appeal, and two other Abandonments are being submitted concurrently. Applicant requests abandonment of a portion of the North Alley as shown in the enclosed sketch and legal description. This request to abandon a portion of the North Alley meets the review criteria specified in Section 2.G.3 of the Boynton Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development Regulations") Chapter 2,Article II as follows: a. Access The subject land does not contain a legal means of access to a lot of record, subdivision, or development. The abandonment would not cause or result in any permanent stoppage,interruption, or unacceptable level of service for the subject lot or on neighboring lots with respect to police,fire, or other emergency services, or solid waste removal. There is an existing 6-inch sewer main to remain and a 12-foot easement will be provided. b. Utilities The subject land does not contain, support, or allow potable water, sanitary sewer,or any other utility (e.g., cable, telephone, electricity, gas, etc.)which would be permanently stopped or interrupted, or which would cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments. c. Drainage and Wastewater Management The subject land does not contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments which would cause or result in a stoppage,interruption, or unacceptable level of service. d. Conservation The subject land does not contain, support, or allow the means of conservation or preservation of flora or fauna. Page 101 of 190 Exhibit D.2 Justification Statement-The Pierce,NE First Avenue Abandonment This application for Abandonment is submitted on behalf of BB QOZ,LLC(the"Applicant")for the project known as The Pierce, Applications for Rezoning,New Master Plan,New Major Site Plan, Community Design Appeal, and two other Abandonments are being submitted concurrently. Applicant requests abandonment of a portion of the Right of Way of NE First Avenue as shown in the enclosed sketch and legal description. This request to abandon a portion of NE First Avenue meets the review criteria specified in Section 2.G.3 of the Boynton each,FL Code of Ordinances,Part III Land Development Regulations(the"Land Development Regulations")Chapter 2,Article 11 as follows: a. Access The subject land does not contain a legal means of access to a lot of record,subdivision, or development. The abandonment would not cause or result in any permanent stoppage, interruption, or unacceptable level of service for the subject lot or on neighboring lots with respect to police,fire, or other emergency services,or solid waste removal. b. Utilities The subject land does not contain, support, or allow potable water,sanitary sewer,or any other utility (e.g.,cable,telephone, electricity,gas, etc.)which would be permanently stopped or interrupted, or which would cause an unacceptable level of service to the subject lot or neighboring lots,subdivisions, or developments. c. Drainage and Wastewater Management The subject land does not contain, support,or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments which would cause or result in a stoppage,interruption, or unacceptable level of service. d. Conservation The subject land does not contain, support,or allow the means of conservation or preservation of flora or fauna. Page 102 of 190 Exhibit D.3 Justification Statement-The Pierce, South Alley Abandonment This application for Abandonment is submitted on behalf of BB QOZ,LLC(the"Applicant")for the project known as The Pierce. Applications for Rezoning,New Master Plan,New Major Site Plan, Community Design Appeal,and two other Abandonments are being submitted concurrently. Applicant requests abandonment of a portion of the South Alley as shown in the enclosed sketch and legal description. This request to abandon a portion of the South Alley meets the review criteria specified in Section 2.G.3 of the Boynton Beach,FL Code of Ordinances,Part III Land Development Regulations(the"Land Development Regulations")Chapter 2,Article II as follows: a. Access The subject land does not contain a legal means of access to a lot of record,subdivision, or development. The abandonment would not cause or result in any permanent stoppage,interruption, or unacceptable level of service for the subject lot or on neighboring lots with respect to police,fire,or other emergency services, or solid waste removal. b. Utilities The subject land does not contain, support,or allow potable water,sanitary sewer,or any other utility (e.g., cable,telephone, electricity,gas, etc.)which would be permanently stopped or interrupted, or which would cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments. c. Drainage and Wastewater Management The subject land does not contain,support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments which would cause or result in a stoppage, interruption, or unacceptable level of service. d. Conservation The subject land does not contain, support,or allow the means of conservation or preservation of flora or fauna. Page 103 of 190 Justification Statement-The Pierce,NE First Avenue Abandonment This application for Abandonment is submitted on behalf of BB QOZ,LLC(the"Applicant")for the project known as The Pierce, Applications for Rezoning,New Master Plan,New Major Site Plan, Community Design Appeal, and two other Abandonments are being submitted concurrently. Applicant requests abandonment of a portion of the Right of Way of NE First Avenue as shown in the enclosed sketch and legal description. This request to abandon a portion of NE First Avenue meets the review criteria specified in Section 2.G.3 of the Boynton each,FL Code of Ordinances,Part III Land Development Regulations(the"Land Development Regulations")Chapter 2,Article 11 as follows: a. Access The subject land does not contain a legal means of access to a lot of record,subdivision, or development. The abandonment would not cause or result in any permanent stoppage, interruption, or unacceptable level of service for the subject lot or on neighboring lots with respect to police,fire, or other emergency services,or solid waste removal. b. Utilities The subject land does not contain, support, or allow potable water,sanitary sewer,or any other utility (e.g.,cable,telephone, electricity,gas, etc.)which would be permanently stopped or interrupted, or which would cause an unacceptable level of service to the subject lot or neighboring lots,subdivisions, or developments. c. Drainage and Wastewater Management The subject land does not contain, support,or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments which would cause or result in a stoppage,interruption, or unacceptable level of service. d. Conservation The subject land does not contain, support,or allow the means of conservation or preservation of flora or fauna. Page 104 of 190 7.7.G. New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approval of four (4) Community Design Appeal requests (CDPA 22-002, 23-006, 23-007, &23-008) for Chapter 4, Article 111, Section 6.F.2.c, Freestanding Parking Garages, prohibiting freestanding parking garages from having frontage on any arterial or collector roadway, to allow for alternative design solutions for the freestanding parking garage as proposed. Applicant/Agent: Jeffery Burns, Affiliated Development EXPLANATION OF REQUEST: The application submitted for the Community Design Appeal (CDPA 22- 002, 23-006, 23-007, 23-008) is pursuant to Chapter 4, Article 111, Section 6.F.2.c, Freestanding Parking Garages of the Land Development Regulations (LDR), which prohibits the freestanding parking garage from fronting an arterial or collector roadway. The strict application of the site design standards for a freestanding parking garage, in this instance, would prohibit the garage from this location due to NE 4th Street's classification as a collector roadway. This would require the developer to provide an integrated parking garage wrapped with permitted habitable floor area. However, due to the orientation and geometry of the site, with Dewey Park located at the southwest corner and the developed commercial properties bordering the eastern and northern property boundaries, providing a freestanding parking garage allowed the applicant to optimize the amount of available usable open space for both the public and private residential amenities. In lieu of providing an integrated parking structure, the applicant proposes alternative architectural facade treatments on each elevation (Exhibit C.1) of the parking garage to ensure that the design would resemble habitable floor areas as well as be compatible with the architectural design of the multi-family residential building. The applicant proposes a combination of the following treatments: window openings with metal framing matching the design of the windows used for the multi-family units, raked stucco, and varying roof height. Staff is requiring, as a condition of this Community Design Appeal and of the requested variance that the applicant install an irrigated green wall or similar treatment on the majority of the east elevation of the garage. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Staff has reviewed the requests for the Community Design Appeals and recommends DENIAL based on recommendation of denial for the associated variance request ZNCV 23-002. However, should the City Commission approve the applicant's request for a variance for relief from Part 111, Chapter 4, Article 11, Section 4.B.3.c Urban Landscape Buffer (Type 2); then staff recommends APPROVAL based on the analysis contained herein, contingent upon City Commission approval of concurrent requests for the New Site Plan, New Master Plan, Rezoning, and Abandonment applications, and satisfying all comments indicated in Exhibit D —Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Exhibit D. Page 105 of 190 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Attachment Exhibit B.1 ® Justification Statement(North Elevation) D Attachment Exhibit B.2 ® Justification Statement(East Elevation) D Attachment Exhibit B.3® Justification Statement(South Elevation) D Attachment Exhibit B.4® Justification Statement(West Elevation) D Drawings Exhibit C.1 ® Parking Garage Elevations D Drawings Exhibit C.2 ® Site Plan and Site Data D Conditions of Approval Exhibit D ® Conditions of Approval Page 106 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-011 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director 45lie FROM: Craig Pinder, Planner II DATE: January 18, 2023 PROJECT NAME: The Pierce (CDPA 22-002, 23-006, 23-007, & 23-008) REQUEST: Approval of four (4) Community Design Appeal requests (CDPA 22-002, 23-006, 23-007, &23-008)for Chapter 4,Article III, Section 6.F.2.c, Freestanding Parking Garages, prohibiting freestanding parking garages from having frontage on any arterial or collector roadway, to allow for alternative design solutions for the freestanding parking garage as proposed. Property Owner: Boynton Beach CRA, BB QOZ LLC, & City of Boynton Beach Applicant: BB QOZ, LLC Agent: Rebecca Zissel/Sachs Sax Caplan, P.L. Location: Generally located at northwest corner of Ocean Avenue and Federal Highway, extending north to Boynton Beach Boulevard and Federal Highway, extending west to NE 4th Street and Federal Highway, and south to approximately one- half block north of Ocean Avenue (Exhibit A). Site Details: The applicant has submitted development applications for a Rezoning, New Major Site Plan, and Master Plan, four (4) Community Design Appeals, one Height Exception, and three (3)Abandonments for a mixed-use project known as The Pierce, which proposes an eight-story mixed-use building with 300 multi- family units, approximately 17,089 square feet of commercial space, recreational amenities, parking, and other related site improvements. The total area of the subject properties is 3.04 acres. BACKGROUND AND ANALYSIS The application submitted for the Community Design Appeal (CDPA 22-002, 23-006, 23-007, 23- 008) is pursuant to Chapter 4, Article III, Section 6.F.2.c, Freestanding Parking Garages of the Land Development Regulations (LDR), which prohibits the freestanding parking garage from fronting an arterial or collector roadway. Page 107 of 190 The Pierce (CDPA 22-002, 23-006, 23-007, 23-008) Memorandum No PZ 23-011 Page 2 Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. As described, the freestanding parking garage is proposed to front NE 4t" Street, classified as a collector roadway in the Comprehensive Plan of the City of Boynton Beach, and accordingly, is the subject of this appeal request. The applicant has submitted a Justification Statement for each elevation of the parking garage (Exhibits B.1, B.2, B.3, & B.4) addressing each of the following review criteria. a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; d) Whether the proposed request is intended to save or preserve existing trees or desired flora; e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; fl Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed building site totals 3.04 acres, with developed commercial properties to the north and Boynton Beach Boulevard, developed commercial properties to the northeast, Federal Highway to the east, Dewey Park to the southwest, Ocean Avenue to the south and further south a multi-family development AKA 500 Ocean, NE 4t" Street to the west, and further west undeveloped property anticipated to be the future site for the Coastal Link Commuter Station. The proposed mixed-use development is comprised of four (4) structures including two (2) 2- story restaurants, an eight-floor mixed-use building with the commercial spaces on the ground floor and 300 multi-family units on all levels, one eight-floor freestanding parking garage, and private recreational amenities on the ground floor. As shown on the architectural site plan (Exhibit C.2), the proposed freestanding parking garage is not wrapped with habitable floor area on any elevation, and all elevations are visible from the streets surrounding the site. The strict application of the site design standards for a freestanding parking garage, in this instance, would prohibit the garage from this location due to NE 4t" Street's classification as a collector roadway. This would require the developer to provide an integrated parking garage wrapped with permitted habitable floor area. However, due to the orientation and geometry of the site, with Dewey Park located at the southwest corner and the developed commercial S.\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\HTEX 23-001,CDPA 22-002,23-006,23-007,23-008\CDPA 22-002 23-006 23-007 23-008_Staff Report_Flnal.docx Page 108 of 190 The Pierce (CDPA 22-002, 23-006, 23-007, 23-008) Memorandum No PZ 23-011 Page 3 properties bordering the eastern and northern property boundaries, providing a freestanding parking garage allowed the applicant to optimize the amount of available usable open space for both the public and private residential amenities. Furthermore, pursuant to Part III, Chapter 4, Article VIII, Section 4.b.1 of the Land Development Regulations, the width of NE 4t" Street post land dedication meets the width of a local street (50') rather than a collector street (80'). Therefore, the applicant is proposing the freestanding parking garage to front NE 4t" Street and provide in/egress along the street. In lieu of providing an integrated parking structure, the applicant proposes alternative architectural fagade treatments on each elevation (Exhibit C.1) of the parking garage to ensure that the design would resemble habitable floor areas as well as be compatible with the architectural design of the multi-family residential building. The applicant proposes the following treatments for each elevation- North Elevation -The north elevation will incorporate the following architectural design features- window openings with metal framing matching the design of the windows used for the multi- family units, raked stucco, varying roof height, a blank area on the wall to serve as a plane for movie night projections, and vertical landscaping at the base with trees at varying heights to further screen the north elevation-, East Elevation — The east elevation will feature raked stucco, metal window framing (no openings) matching the design of the windows used for the multi-family units, planter boxes with bougainvillea plants on levels two (2) and three (3), vertical landscaping at the base with trees at varying heights to further screen the east elevation. The landscape scheme provided on the east elevation represents a modified urban landscape buffer type 2, which the applicant has submitted a relief application requesting a variance (ZNCV 23-002) to the standards of the urban landscape buffer type 2. Finally, Staff is requiring, as a condition of this Community Design Appeal and of the requested variance that the applicant install an irrigated green wall or similar treatment (Exhibit D — Conditions of Approval). South Elevation — The south elevation will include window openings with metal framing matching the design of the windows used for the multi-family units, raked stucco, accent banding, a portion of the perforated metal screen with a mural design wrapped around the southwest corner of the building from the west elevation extending from the second floor to the top floor level, and a bike and city map themed mural on the ground floor at the southwest corner-, West Elevation — The west elevation will include a perforated metal screen extending from the second-floor level to the top floor with a mural and "Welcome to Boynton Beach", bike and city map themed mural, vine screens, a replica of the Harvey E Oyer Jr. Real Estate mural on the ground level, window openings with metal framing matching the design of the windows used for the multi-family units, raked scoring, and accent banding. S.\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\HTEX 23-001,CDPA 22-002,23-006,23-007,23-008\CDPA 22-002 23-006 23-007 23-008_Staff Report_Flnal.docx Page 109 of 190 The Pierce (CDPA 22-002, 23-006, 23-007, 23-008) Memorandum No PZ 23-011 Page 4 These proposed architectural features and landscape material will allow the parking garage elevations to appear as habitable spaces and remain consistent with the architectural design of the multi-family building. RECOMMENDATION Staff has reviewed the requests for the Community Design Appeals and recommends DENIAL based on recommendation of denial for the associated variance request ZNCV 23-002. However, should the City Commission approve the applicant's request for a variance for relief from Part III, Chapter 4, Article II, Section 4.B.3.c Urban Landscape Buffer(Type 2); then staff recommends APPROVAL based on the analysis contained herein, contingent upon City Commission approval of concurrent requests for the New Site Plan, New Master Plan, Rezoning, and Abandonment applications, and satisfying all comments indicated in Exhibit D — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Exhibit D. S.\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\HTEX 23-001,CDPA 22-002,23-006,23-007,23-008\CDPA 22-002 23-006 23-007 23-008_Staff Report_Flnal.docx Page 110 of 190 � q F .F"mfiR � —moi( �l �`• V i s�� �� {:s�Y� ��ES i\� I : • • . - � fix = . �� {n1 attar �� ..�� o � �tf, rs• �r � l#1� IY@A s y , s � k � 1l (I y{. w , x ' fit,gM44 i �s N k 8 BVI p y r Feet fi tid d 4 Page 111 of 190 Exhibit BA Page � s Project Narrative- The Pierce, Community Design Appeal, North Elevation This application for Community Design Appeal for the North Elevation of the parking garage is submitted on behalf of BB QOZ, LLC (the "Applicant") pursuant to Section 4.13 of the Boynton Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development Regulations") Chapter 2, Article II. Applications for Rezoning, New Master Plan, New Major Site Plan, Abandonments, Height Exception, and additional Community Design Appeals for the other three elevations of the parking garage are being submitted concurrently. Specifically,the request is for a deviation from Section 6.17 S.2.c of Chapter 4,Article III("Exterior Building and Site Design Standards") of the Land Development Regulations. This appeal is being requested for processing concurrent with the New Major Site Plan Application for The Pierce. The Code provides for the Community Design Appeal process to allow for flexibility and alternative ways to meet the intent of the Code to yield high quality design, architectural detail, and visual interest without negative impacts to the subject site or surrounding properties. As shown in the plans submitted for site plan approval, the proposed design complies with this standard. Section 6.F.2.c states that freestanding parking garages are allowed within the Mixed-Use(Urban) Districts provided they do not have frontage on any arterial or collector roadway. It also states that parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in Section 6.F.2.d. Based on the traffic engineer's read of the definitions of arterial and collector roadways in the Land Development Regulations, Applicant originally thought that 4th Street would not be classified as an arterial or collector roadway. Accordingly, the design contained a freestanding parking garage. Since 4th Street does in fact qualify as an arterial or collector roadway, Applicant is submitting this application for a Community Design Appeal. The intent of the affected standard is to soften the impact of the garage and provide for continuity in street-level activity. The proposed design meets this intent due to the screening and facade treatment provided as well as the provision a public bike share station component to the 4th street frontage. The design is compatible with the architecture of the adjacent structures within the development. Vertical landscaping at the base will be used to soften the impact and improve the appearance. There will also be a lush landscape buffer. The design of the windows and the color tones will match the multi-family building. There will be a large area to serve as a spot for projecting movie nights as well as public events in the open space area in between Hurricane Alley and the parking structure. As described above, the proposed design would not diminish the practical application of the affected standard. Accordingly, an acceptable design will result. Page 112 of 190 The Pierce-Community Design Appeal, North Elevation P a g e 2 A. Consistency With the Comprehensive Plan The Future Land Use Designation of the property is Mixed-Use High (MXH), and the proposed use is consistent with an MXH designation. MXH is intended to provide for vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services; promote compact development, safe and pedestrian-friendly streets, and transportation choices. As this property is located East of I-95, the Comprehensive Plan specifically contemplates a high-density residential development. Accordingly, the proposed project is consistent with the Comprehensive Plan in that it is a high-density residential development. The proposed request is also consistent with various objectives and policies in the Future Land Use Element of the Comprehensive Plan, including but not limited to the following: - Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project that promotes a compact urban development pattern and discourages sprawl. - Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family rental housing for a broad range of income groups. - Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1: Provides workforce housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. B. Livability, Appearance, Character The proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. C. Consistency with the Purpose of the Standard The proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The proposed design has elements that soften the garage and integrate it into the development. The intent of the requirement is to integrate the garage into the development to minimize the visual impact of the garage. Although not fully connected,the garage has a number of features that tie it in to the development. On the North elevation,these features include window openings that match the multi-family building. Accent banding, exterior material colors that also match the multi- family building D. Trees or Fauna A robust landscape buffer with hedges, groundcover and large palm trees lines the entire north facade. Page 113 of 190 The Pierce-Community Design Appeal, North Elevation P a g e 13 E. Environmental Impacts The proposed request will not have adverse environmental impacts. To the contrary, it will have positive environmental impacts by allowing for the proposed development,which has a number of environmentally friendly features, including open space that exceeds the minimum for the development by over 30%. An enclosed parking structure minimizes negative impact of street parking spaces and the entire facade conceals the appearance of vehicles completely. An entirely white exterior facade helps to reduce heat island impacts. Heat island impact is reduced as well by utilizing structured parking, rather than surface parking. F. Impact on Property Values The proposed request will not have an adverse impact on property values of abutting or adjacent land. In fact, we expect it to positively impact property values by housing over 400 new residents with disposable incomes to help support nearby businesses. The Pierce will add 300 apartment units with state-of-the-art amenities, secure resident parking, interactive public spaces, restaurant, retail and office use including public parking. The Pierce will create a new live-work-play destination in East Boynton Beach, and by helping catalyze the area, will significantly increase property values. Hurricane Alley will be relocated to the SE corner of E Boynton Beach Blvd and NE 4th Street which will offer outdoor seating and dynamic public outdoor space which activates the corner of the street and helps anchor the development along Boynton Beach Boulevard. This mainstay business will positively impact property values by legitimizing Boynton Beach Boulevard as a main commercial corridor G. Light and Air The proposed request will not seriously reduce the quality or quantity of light and air available to adjacent properties. The building is naturally ventilated, allowing for air to flow freely through it. Light is minimally impacted as the garage is oriented east-west, and the majority of daytime shadow will be cast internally onto the development itself rather than adjacent properties. H. Objectives of the City Local Spending/Economic Development: The Pierce is adding 300 new households to the community and over 17,000 SF of restaurant/retail/office space which will greatly contribute to the local area spending, business development and investment. Our resident population is comprised of mostly young professionals whose households generate $30K per year in local spending. New residents provide a new client base with disposable income for existing merchants and businesses. The Pierce brings in private investments, benefitting local consultants, workers and tradesman. The addition of a new building will cause landlords to invest Page 114 of 190 The Pierce-Community Design Appeal, North Elevation P a g e 14 their resources in improving their properties and create the potential for redevelopment of nearby commercial properties in order to keep pace. Workforce Housing: The Pierce is the first luxury apartment building constructed in east Boynton Beach with Class A features and amenities at an attainable price-point for the City's workforce. As a mixed-income housing development, all tenants will benefit from the same luxury finishes and amenities, regardless of income. The restricted units will be split into tiers where 3.8% of the total units are rented to tenants that earn between 60%-80% of the AMI; 23.1% rented to tenants that earn between 80%-100% of the AMI; 23.1% rented to tenants that earn between 100%-120% of the AMI; and the remaining total rental units being unrestricted. A portion of the units will maintain affordability into perpetuity. Public Parking: The developer has entered into an agreement with the CRA to provide 150 parking spaces located in the Parking Garage for the use by the general public for enhancement of the downtown in furtherance of the CRA's 2016 Community Redevelopment Plan. Relocation of Existing Businesses (Hurricane Alley): Hurricane Alley restaurant and bar will be relocated to a new 4,500SF building along Boynton Beach Boulevard. This agreement between the developer and the restaurant owner ensures the longevity of this institution and maintains jobs for its employees. Hurricane Alley will front one of Boynton Beach's primary commercial corridors and serve as an anchor to the development establishing a vibrant presence on the north edge of the property. Creation of New Tax Base: The project will be constructed on underutilized and largely vacant property, which creates very little property tax generation to the City. The investment will create a substantial amount of new tax revenue for the City. L Other Standards and Requirements The proposed request does not present any conflicts with other site development standards and requirements. The development will meet the sustainability criteria, as described in the Master Plan and Site Plan narratives. Page 115 of 190 Exhibit B.2 P a g e i s Project Narrative- The Pierce, Community Design Appeal, East Elevation This application for Community Design Appeal for the East Elevation of the parking garage is submitted on behalf of BB QOZ, LLC (the "Applicant") pursuant to Section 4.13 of the Boynton Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development Regulations") Chapter 2, Article II. Applications for Rezoning, New Master Plan, New Major Site Plan, Abandonments, Height Exception, and additional Community Design Appeals for the other three elevations of the parking garage are being submitted concurrently. Specifically,the request is for a deviation from Section 6.17 S.2.c of Chapter 4,Article III("Exterior Building and Site Design Standards") of the Land Development Regulations. This appeal is being requested for processing concurrent with the New Major Site Plan Application for The Pierce. The Code provides for the Community Design Appeal process to allow for flexibility and alternative ways to meet the intent of the Code to yield high quality design, architectural detail, and visual interest without negative impacts to the subject site or surrounding properties. As shown in the plans submitted for site plan approval, the proposed design complies with this standard. Section 6.F.2.c states that freestanding parking garages are allowed within the Mixed-Use(Urban) Districts provided they do not have frontage on any arterial or collector roadway. It also states that parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in Section 6.F.2.d. Based on the traffic engineer's read of the definitions of arterial and collector roadways in the Land Development Regulations, Applicant originally thought that 4th Street would not be classified as an arterial or collector roadway. Accordingly, the design contained a freestanding parking garage. Since 4th Street does in fact qualify as an arterial or collector roadway, Applicant is submitting this application for a Community Design Appeal. The intent of the affected standard is to soften the impact of the garage and provide for continuity in street-level activity. The proposed design meets this intent due to the screening and facade treatment provided as well as the provision of a public bike share station component to the 4th street frontage. The design is compatible with the architecture of the adjacent structures within the development. Vertical landscaping at the base will be used to soften the impact and improve the appearance. The color tones will match the multi-family building. Despite not having openings on this elevation, the same window trims, and stucco treatments will be applied so that the appearance matches the rest of the facade. As described above, the proposed design would not diminish the practical application of the affected standard. Accordingly, an acceptable design will result. Page 116 of 190 The Pierce-Community Design Appeal, East Elevation P a g e 12 A. Consistency With the Comprehensive Plan The Future Land Use Designation of the property is Mixed-Use High (MXH), and the proposed use is consistent with an MXH designation. MXH is intended to provide for vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services; promote compact development, safe and pedestrian-friendly streets, and transportation choices. As this property is located East of I-95, the Comprehensive Plan specifically contemplates a high-density residential development. Accordingly, the proposed project is consistent with the Comprehensive Plan in that it is a high-density residential development. The proposed request is also consistent with various objectives and policies in the Future Land Use Element of the Comprehensive Plan, including but not limited to the following: - Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project that promotes a compact urban development pattern and discourages sprawl. - Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family rental housing for a broad range of income groups. - Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1: Provides workforce housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. B. Livability, Appearance, Character The proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. C. Consistency with the Purpose of the Standard The proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The proposed design has elements that soften the garage and integrate it into the development. The intent of the requirement is to integrate the garage into the development to minimize the visual impact of the garage. Although not fully connected,the garage has a number of features that tie it in to the development. On the East elevation, these features include window openings that match the multi-family building. Accent banding, exterior material colors that also match the multi- family building D. Trees or Fauna A modified urban landscape buffer has been applied to this facade, including continuous hedges, tall palm and cocoplum trees spaced at approximately 10'-0" on center. The first three levels of Page 117 of 190 The Pierce-Community Design Appeal, East Elevation P a g e 13 the east facade will also incorporate a green treatment in the form of planter boxes with lush bougainvillea with an integrated drip irrigation system to maintain longevity of the proposed fauna. E. Environmental Impacts The proposed request will not have adverse environmental impacts. To the contrary, it will have positive environmental impacts by allowing for the proposed development, which has a number of environmentally friendly features, including open space that exceeds the minimum for the development by over 30%. An enclosed parking structure minimizes negative impact of street parking spaces and the entire facade conceals the appearance of vehicles completely. An entirely white exterior facade helps to reduce heat island impacts. Heat island impact is reduced as well by utilizing structured parking, rather than surface parking. F. Impact on Property Values The proposed request will not have an adverse impact on property values of abutting or adjacent land. In fact, we expect it to positively impact property values by housing over 400 new residents with disposable incomes to help support nearby businesses. The Pierce will add 300 apartment units with state-of-the-art amenities, secure resident parking, interactive public spaces, restaurant, retail and office use including public parking. The Pierce will create a new live-work-play destination in East Boynton Beach, and by helping catalyze the area, will significantly increase property values. Hurricane Alley will be relocated to the SE corner of E Boynton Beach Blvd and NE 4th Street which will offer outdoor seating and dynamic public outdoor space which activates the corner of the street and helps anchor the development along Boynton Beach Boulevard. This mainstay business will positively impact property values by legitimizing Boynton Beach Boulevard as a main commercial corridor G. Light and Air The proposed request will not seriously reduce the quality or quantity of light and air available to adjacent properties. The building is naturally ventilated, allowing for air to flow freely through it. Light is minimally impacted as the garage is oriented east-west, and the majority of daytime shadow will be cast internally onto the development itself rather than adjacent properties. H. Objectives of the City Local Spending/Economic Development: The Pierce is adding 300 new households to the community and over 17,000 SF of restaurant/retail/office space which will greatly contribute to the local area spending, business development and investment. Our resident population is comprised of mostly young professionals whose households generate $30K per year in local spending. New residents provide a new client base with disposable income Page 118 of 190 The Pierce-Community Design Appeal, East Elevation P a g e 14 for existing merchants and businesses. The Pierce brings in private investments, benefitting local consultants, workers and tradesman. The addition of a new building will cause landlords to invest their resources in improving their properties and create the potential for redevelopment of nearby commercial properties in order to keep pace. Workforce Housing: The Pierce is the first luxury apartment building constructed in east Boynton Beach with Class A features and amenities at an attainable price-point for the City's workforce. As a mixed-income housing development, all tenants will benefit from the same luxury finishes and amenities, regardless of income. The restricted units will be split into tiers where 3.8% of the total units are rented to tenants that earn between 60%-80% of the AMI; 23.1% rented to tenants that earn between 80%-100% of the AMI; 23.1% rented to tenants that earn between 100%-120% of the AMI; and the remaining total rental units being unrestricted. A portion of the units will maintain affordability into perpetuity. Public Parking: The developer has entered into an agreement with the CRA to provide 150 parking spaces located in the Parking Garage for the use by the general public for enhancement of the downtown in furtherance of the CRA's 2016 Community Redevelopment Plan. Relocation of Existing Businesses (Hurricane Alley): Hurricane Alley restaurant and bar will be relocated to a new 4,500 SF building along Boynton Beach Boulevard. This agreement between the developer and the restaurant owner ensures the longevity of this institution and maintains jobs for its employees. Hurricane Alley will front one of Boynton Beach's primary commercial corridors and serve as an anchor to the development establishing a vibrant presence on the north edge of the property. Creation of New Tax Base: The project will be constructed on underutilized and largely vacant property, which creates very little property tax generation to the City. The investment will create a substantial amount of new tax revenue for the City. L Other Standards and Requirements The proposed request does not present any conflicts with other site development standards and requirements. The development will meet the sustainability criteria, as described in the Master Plan and Site Plan narratives. Page 119 of 190 Exhibit B.3 P i€ `~' a 11 Project Narrative- The Pierce, Community Design Appeal, South Elevation This application for Community Design Appeal for the South Elevation of the parking garage is submitted on behalf of BB QOZ, LLC (the "Applicant") pursuant to Section 4.13 of the Boynton Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development Regulations") Chapter 2, Article II. Applications for Rezoning, New Master Plan, New Major Site Plan, Abandonments, Height Exception, and additional Community Design Appeals for the other three elevations of the parking garage are being submitted concurrently. Specifically,the request is for a deviation from Section 6.17 S.2.c of Chapter 4,Article III("Exterior Building and Site Design Standards") of the Land Development Regulations. This appeal is being requested for processing concurrent with the New Major Site Plan Application for The Pierce. The Code provides for the Community Design Appeal process to allow for flexibility and alternative ways to meet the intent of the Code to yield high quality design, architectural detail, and visual interest without negative impacts to the subject site or surrounding properties. As shown in the plans submitted for site plan approval, the proposed design complies with this standard. Section 6.F.2.c states that freestanding parking garages are allowed within the Mixed-Use(Urban) Districts provided they do not have frontage on any arterial or collector roadway. It also states that parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in Section 6.F.2.d. Based on the traffic engineer's read of the definitions of arterial and collector roadways in the Land Development Regulations, Applicant originally thought that 4th Street would not be classified as an arterial or collector roadway. Accordingly, the design contained a freestanding parking garage. Since 4th Street does in fact qualify as an arterial or collector roadway, Applicant is submitting this application for a Community Design Appeal. As described above, the proposed design would not diminish the practical application of the affected standard. Accordingly, an acceptable design will result. A. Consistency With the Comprehensive Plan The Future Land Use Designation of the property is Mixed-Use High (MXH), and the proposed use is consistent with an MXH designation. MXH is intended to provide for vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services; promote compact development, safe and pedestrian-friendly streets, and transportation choices. As this property is located East of I-95, the Comprehensive Plan specifically contemplates a high-density residential development. Accordingly, the proposed project is consistent with the Comprehensive Plan in that it is a high-density residential development. The proposed request is also consistent with various objectives and policies in the Future Land Use Element of the Comprehensive Plan, including but not limited to the following: Page 120 of 190 The Pierce- Community Design Appeal, South Elevation P � (_�i e 12 - Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project that promotes a compact urban development pattern and discourages sprawl. - Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family rental housing for a broad range of income groups. - Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1: Provides workforce housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. B. Livability, Appearance, Character The proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. C. Consistency with the Purpose of the Standard The proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The proposed design has elements that soften the garage and integrate it into the development through architectural enhancement and high-quality exterior materials The intent of the requirement is to integrate the garage into the development to minimize the visual impact of the garage. Although not fully connected,the garage has a number of features that tie it in to the development. On the South elevation,these features include window openings that match the multi-family building. Accent banding, exterior material colors that also match the multi- family building D. Trees or Fauna There is no proposed landscape along the South facade as it faces an internal loading courtyard. E. Environmental Impacts The proposed request will not have adverse environmental impacts. To the contrary, it will have positive environmental impacts by allowing for the proposed development,which has a number of environmentally friendly features, including open space that exceeds the minimum for the development by over 30%. An enclosed parking structure minimizes negative impact of street parking spaces and the entire facade conceals the appearance of vehicles completely. An entirely white exterior facade helps to reduce heat island impacts. Heat island impact is reduced as well by utilizing structured parking, rather than surface parking. F. Impact on Property Values The proposed request will not have an adverse impact on property values of abutting or adjacent land. In fact, we expect it to positively impact property values by housing over 400 new residents Page 121 of 190 The Pierce- Community Design Appeal, South Elevation P In, (_�i e 13 with disposable incomes to help support nearby businesses. The Pierce will add 300 apartment units with state-of-the-art amenities, secure resident parking, interactive public spaces, restaurant, retail and office use including public parking. The Pierce will create a new live-work-play destination in East Boynton Beach, and by helping catalyze the area, will significantly increase property values. Hurricane Alley will be relocated to the SE corner of E Boynton Beach Blvd and NE 4th Street which will offer outdoor seating and dynamic public outdoor space which activates the corner of the street and helps anchor the development along Boynton Beach Boulevard. This mainstay business will positively impact property values by legitimizing Boynton Beach Boulevard as a main commercial corridor G. Light and Air The proposed request will not seriously reduce the quality or quantity of light and air available to adjacent properties. The building is naturally ventilated, allowing for air to flow freely through it. Light is minimally impacted as the garage is oriented east-west, and the majority of daytime shadow will be cast internally onto the development itself rather than adjacent properties. Objectives of the City Local Spending/Economic Development: The Pierce is adding 300 new households to the community and over 17,000 SF of restaurant/retail/office space which will greatly contribute to the local area spending, business development and investment. Our resident population is comprised of mostly young professionals whose households generate $30K per year in local spending. New residents provide a new client base with disposable income for existing merchants and businesses. The Pierce brings in private investments, benefitting local consultants, workers and tradesman. The addition of a new building will cause landlords to invest their resources in improving their properties and create the potential for redevelopment of nearby commercial properties in order to keep pace. Workforce Housing: The Pierce is the first luxury apartment building constructed in east Boynton Beach with Class A features and amenities at an attainable price-point for the City's workforce. As a mixed-income housing development, all tenants will benefit from the same luxury finishes and amenities, regardless of income. The restricted units will be split into tiers where 3.8% of the total units are rented to tenants that earn between 60%- 80% of the AMI; 23.1% rented to tenants that earn between 80%- 100% of the AMI; 23.1% rented to tenants that earn between 100%-120% of the AMI; and the remaining total rental units being unrestricted. A portion of the units will maintain affordability into perpetuity. Public Parking: Page 122 of 190 The Pierce- Community Design Appeal, South Elevation P I-I (-�i e 14 The developer has entered into an agreement with the CRA to provide 150 parking spaces located in the Parking Garage for the use by the general public for enhancement of the downtown in furtherance of the CRA's 2016 Community Redevelopment Plan. Relocation of Existing Businesses (Hurricane Alley): Hurricane Alley restaurant and bar will be relocated to a new 4,500SF building along Boynton Beach Boulevard. This agreement between the developer and the restaurant owner ensures the longevity of this institution and maintains jobs for its employees. Hurricane Alley will front one of Boynton Beach's primary commercial corridors and serve as an anchor to the development establishing a vibrant presence on the north edge of the property. Creation of New Tax Base: The project will be constructed on underutilized and largely vacant property, which creates very little property tax generation to the City. The investment will create a substantial amount of new tax revenue for the City. H. Other Standards and Requirements The proposed request does not present any conflicts with other site development standards and requirements. The development will meet the sustainability criteria, as described in the Master Plan and Site Plan narratives. Page 123 of 190 Exhibit BA P i€ `g' e 11 Project Narrative- The Pierce, Community Design Appeal, West Elevation This application for Community Design Appeal for the West Elevation of the parking garage is submitted on behalf of BB QOZ, LLC (the "Applicant") pursuant to Section 4.13 of the Boynton Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development Regulations") Chapter 2, Article II. Applications for Rezoning, New Master Plan, New Major Site Plan, Abandonments, Height Exception, and additional Community Design Appeals for the other three elevations of the parking garage are being submitted concurrently. Specifically,the request is for a deviation from Section 6.17 S.2.c of Chapter 4,Article III("Exterior Building and Site Design Standards") of the Land Development Regulations. This appeal is being requested for processing concurrent with the New Major Site Plan Application for The Pierce. The Code provides for the Community Design Appeal process to allow for flexibility and alternative ways to meet the intent of the Code to yield high quality design, architectural detail, and visual interest without negative impacts to the subject site or surrounding properties. As shown in the plans submitted for site plan approval, the proposed design complies with this standard. Section 6.F.2.c states that freestanding parking garages are allowed within the Mixed-Use(Urban) Districts provided they do not have frontage on any arterial or collector roadway. It also states that parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in Section 6.F.2.d. Based on the traffic engineer's read of the definitions of arterial and collector roadways in the Land Development Regulations, Applicant originally thought that 4th Street would not be classified as an arterial or collector roadway. Accordingly, the design contained a freestanding parking garage. Since 4th Street does in fact qualify as an arterial or collector roadway, Applicant is submitting this application for a Community Design Appeal. The intent of the affected standard is to soften the impact of the garage and provide for continuity in street-level activity. The proposed design meets this intent due to the screening and facade treatment provided as well as the provision of a public bike share station component to the 4th street frontage. The design is compatible with the architecture of the adjacent structures within the development. The base of the parking garage will have a bike-themed and city map mural element at the base, along with decorative metal fencing. Additionally, on the South elevation,there will be horizontal projections and overhangs on the second floor to provide shading over a portion of the pedestrian walkways. On the primary corners of the parking garage, there will be a vertical perforated metal screen with a "Welcome to Boynton Beach" image that is integrated within the screen element. The screen will also have imagery of sailfish to match the City crest. This goes all the way up from the second floor of the building to mimic the corner projections on the multi-family building. The sign will serve as a landmark and placemaking tool for visitors as they enter the City. An artist will also recreate the existing historic Harvey E. Oyer Insurance sign at ground level. Page 124 of 190 The Pierce- Community Design Appeal, West Elevation P In, (_�i e 12 As described above, the proposed design would not diminish the practical application of the affected standard. Accordingly, an acceptable design will result. A. Consistency With the Comprehensive Plan The Future Land Use Designation of the property is Mixed-Use High (MXH), and the proposed use is consistent with an MXH designation. MXH is intended to provide for vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services; promote compact development, safe and pedestrian-friendly streets, and transportation choices. As this property is located East of I-95, the Comprehensive Plan specifically contemplates a high-density residential development. Accordingly, the proposed project is consistent with the Comprehensive Plan in that it is a high-density residential development. The proposed request is also consistent with various objectives and policies in the Future Land Use Element of the Comprehensive Plan, including but not limited to the following: - Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project that promotes a compact urban development pattern and discourages sprawl. - Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family rental housing for a broad range of income groups. - Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1: Provides workforce housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. B. Livability, Appearance, Character The proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. C. Consistency with the Purpose of the Standard The proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The proposed design has elements that soften the garage and integrate it into the development. The intent of the requirement is to integrate the garage into the development to minimize the visual impact of the garage. Although not fully connected, the garage has a number of features that tie it in to the development. On the West elevation,these features include window openings that match the multi-family building. Accent banding, exterior material colors that also match the multi- family building D. Trees or Fauna Page 125 of 190 The Pierce- Community Design Appeal, West Elevation P � (_�i e 13 Street trees and a green screen along the base of a portion of the garage is located on the west side E. Environmental Impacts The proposed request will not have adverse environmental impacts. To the contrary, it will have positive environmental impacts by allowing for the proposed development,which has a number of environmentally friendly features, including open space that exceeds the minimum for the development by over 30%. An enclosed parking structure minimizes negative impact of street parking spaces and the entire facade conceals the appearance of vehicles completely. An entirely white exterior facade helps to reduce heat island impacts. Heat island impact is reduced as well by utilizing structured parking, rather than surface parking. F. Impact on Property Values The proposed request will not have an adverse impact on property values of abutting or adjacent land. In fact, we expect it to positively impact property values by housing over 400 new residents with disposable incomes to help support nearby businesses. The Pierce will add 300 apartment units with state-of-the-art amenities, secure parking, interactive public spaces, restaurant, retail and office use including public parking. The Pierce will create a new live-work-play destination in East Boynton Beach, and by helping catalyze the area, will significantly increase property values. Hurricane Alley will be relocated to the SE corner of E Boynton Beach Blvd and NE 4th Street which will offer outdoor seating and dynamic public outdoor space which activates the corner of the street and helps anchor the development along Boynton Beach Boulevard. This mainstay business will positively impact property values by legitimizing Boynton Beach Boulevard as a main commercial corridor G. Light and Air The proposed request will not seriously reduce the quality or quantity of light and air available to adjacent properties. The building is naturally ventilated, allowing for air to flow freely through it. Light is minimally impacted as the garage is oriented east-west, and the majority of daytime shadow will be cast internally onto the development itself rather than adjacent properties. H. Objectives of the City Local Spending/Economic Development: The Pierce is adding 300 new households to the community and over 17,000 SF of restaurant/retail/office space which will greatly contribute to the local area spending, business development and investment. Page 126 of 190 The Pierce- Community Design Appeal, West Elevation P In, (_�i e 14 Our resident population is comprised of mostly young professionals whose households generate $30K per year in local spending. New residents provide a new client base with disposable income for existing merchants and businesses. The Pierce brings in private investments, benefitting local consultants, workers and tradesman. The addition of a new building will cause landlords to invest their resources in improving their properties and create the potential for redevelopment of nearby commercial properties in order to keep pace. Workforce Housing: The Pierce is the first luxury apartment building constructed in east Boynton Beach with Class A features and amenities at an attainable price-point for the City's workforce. As a mixed-income housing development, all tenants will benefit from the same luxury finishes and amenities, regardless of income. The restricted units will be split into tiers where 3.8% of the total units are rented to tenants that earn between 60%- 80% of the AMI; 23.1% rented to tenants that earn between 80%- 100% of the AMI; 23.1% rented to tenants that earn between 100%-120% of the AMI; and the remaining total rental units being unrestricted. A portion of the units will maintain affordability into perpetuity. Public Parking: The developer has entered into an agreement with the CRA to provide 150 parking spaces located in the Parking Garage for the use by the general public for enhancement of the downtown in furtherance of the CRA's 2016 Community Redevelopment Plan. Relocation of Existing Businesses (Hurricane Alley): Hurricane Alley restaurant and bar will be relocated to a new 4,500SF building along Boynton Beach Boulevard. This agreement between the developer and the restaurant owner ensures the longevity of this institution and maintains jobs for its employees. Hurricane Alley will front one of Boynton Beach's primary commercial corridors and serve as an anchor to the development establishing a vibrant presence on the north edge of the property. Creation of New Tax Base: The project will be constructed on underutilized and largely vacant property, which creates very little property tax generation to the City. The investment will create a substantial amount of new tax revenue for the City. L Other Standards and Requirements The proposed request does not present any conflicts with other site development standards and requirements. The development will meet the sustainability criteria, as described in the Master Plan and Site Plan narratives. Page 127 of 190 CA) I I � n � m ( ( I I I ( ( ( m8 ( ( I I n (( o m _ • cn y _ I 717•.. ( ( ( ( �. � I I I I� I I i I I r1--r I� I I I I I •��� I I I I I I I I I Img IoA I I 1—I I I I I I I -i I I I JJ " — I — �n `.�..o„x.I I<ml .-r.I<.,,.I w.I n.l<a.L�,P'I ., n.,<..r l« I -r lv.•I La.ny z� mA I I I I I I' I I I I I I I I I •`, I I �”" � �� ����� I I I - {, tl � Vi z. �U � c 4 , o 00 00 00 I u < D� m � yy � � m - T o 7777 ym _ D Z m r - NOT FOR CONSTRUCTION � M _ -0M p z >m _ m -0m �D FF oD a� Z G7 D:z Z>� ,_,., Z o T e 5 y S �.' T m T .] � aka �„'�" " o C N > F�2re V of 90 cn ^' +9 .o � N M II VIIII= IIIIIIIIII zlo 19j1 Iw Iy14 : IIII o )EE H Ell IT ftt e ( ( m D s l I I I I x4 I� � - t n I N ( M--J m 1,k- 4 $14t J- _ v y ( y o �TT, - I }}pp r C { 000000 � IyI m I— - ` - I - l11 y mno z F T-11, np r nz �A r 1 , I I I I I I I I I I I I I I I1 ?n mn �� z "'T �m —nTfl—nT ( ( ( ( ( ( v iju D I I I I I I I I I I I I I I I I ? < N _" i � _f' ! i la i i ij' �i r i= <i f I '�i` I - m ��• NOT FOR CONSTRUCTION >m _ -om p �m - m -om z D FF coo � <n y v � o D czi� � Forge V of 90 rn ^' + .0 o= ° e M� i fie All I IREM-= ee Mill i ® I Is ° Il �� ec II �Id IIINIII - 11 c a to N ' U W EXHIBIT "D" Conditions of Approval Project Name: The Pierce Community Design Appeals File number: CDPA 22-002, 23-006, 23-007, 23-008 Reference: 41h review of plans identified as a New Maior Site Plan and New Master Plan with a January 10, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. Parked vehicles shall be effectively screened from view. The intent is to ensure that parked vehicles are not able to be seen, and the X appearance of habitable floor area must be maintained. 2. A irrigated green wall or similar landscape treatment is required on X the east elevation of the garage. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. Page 131 of 190 7.7.H. New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approval of a Height Exception (HTEX 23-001) for Chapter 4, Article 111, Section 6.F.2.c. to exceed the maximum height of 75 feet for a freestanding parking garage to allow for a height of 77 feet 11 inches for the egress staircase. Applicant/Agent: Jeffery Burns, Affiliated Development EXPLANATION OF REQUEST: The applicant is requesting approval of the proposed freestanding parking garage to be 77 feet 11 inches in height rather than a maximum of 75 feet, as required in Chapter 4, Article 111, Section 6.F.2.c. The purpose of C. Height Exception (Chapter 2, Article 11, Section. Relief) is to allow for certain eligible building appurtenances and structures, erected or located on top of or within a building, to exceed the maximum building height allowed by the respective zoning district upon demonstrating compliance with the review criteria. The requested height exception will allow for the required egress staircase, located at the northwest corner of the building, to extend 2 feet above the maximum allowed height of 75 feet for a total structure height of 77 feet, and is not intended to circumvent the maximum height allowed for the freestanding parking garage. The remainder of the freestanding parking garage complies with the maximum allowable height. In addition, the maximum allowed building height within the Mixed Use-Core zoning district is 150 feet, therefore, the proposed height of the egress staircase would not have any negative impacts on surrounding properties. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Staff has reviewed the requests for the Height Exception and recommends DENIAL based on recommendation of denial for the associated variance request ZNCV 23-002. However, should the City Commission approve the applicant's request for a variance for relief from Part 111, Chapter 4, Article 11, Section 4.B.3.c Urban Landscape Buffer (Type 2); then staff recommends APPROVAL of the Height Exception request contingent upon City Commission approval of concurrent requests for the New Major Site Plan, New Master Plan, Rezoning, and Abandonment applications, and satisfying all comments indicated in Exhibit D —Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Exhibit D. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Page 132 of 190 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Attachment Exhibit B ® Justification Statement D Conditions of Approval Exhibit D ® Conditions of Approval D Drawings Exhibit C ® Parking Garage Elevations Page 133 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director 45lie FROM: Craig Pinder, Planner II DATE: January 18, 2023 PROJECT NAME: The Pierce Height Exception (HTEX 23-001) REQUEST: Approval of a Height Exception (HTEX 23-001) for Chapter 4, Article III, Section 6.F.2.c to exceed the maximum height of 75 feet for a freestanding parking garage to allow for a height of 77 feet 11 inches for an egress staircase. Property Owner: Boynton Beach CRA, BB QOZ LLC, & City of Boynton Beach Applicant: BB QOZ, LLC Agent: Jeffery Burns, Affiliated Development Rebecca Zissel, Sachs Sax Caplan, P.L. Location: Generally located at northwest corner of Ocean Avenue and Federal Highway, extending north to Boynton Beach Boulevard and Federal Highway, extending west to NE 4th Street and Federal Highway, and south to approximately one- half block north of Ocean Avenue (see Exhibit A: Location Map) Site Details: The applicant has submitted development applications for a Rezoning, New Major Site Plan, and Master Plan, four (4) Community Design Appeals, one Height Exception, and three (3)Abandonments for a mixed-use project known as The Pierce, which proposes an eight-story mixed-use building with 300 multi- family units, approximately 17,089 square feet of commercial space, recreational amenities, parking, and other related site improvements. The total area of the subject properties is 3.04 acres BACKGROUND AND ANALYSIS The application submitted for a Height Exception (HTEX 23-001) pursuant to Chapter 4, Article III, Section 6.F.2.c, Freestanding Parking Garages of the Land Development Regulations (LDR), which restricts the maximum height of the freestanding parking garage to 75 feet. The applicant is requesting approval of the proposed freestanding parking garage to be 77 feet 11 inches in height rather than a maximum of 75 feet, as required in Chapter 4, Article III, Section 6.F.2.c. The purpose of C. Height Exception (Chapter 2, Article II, Section. Relief) is to Page 134 of 190 The Pierce Height Exception (HTEX 23-001) Memorandum No PZ 23-010 Page 2 allow for certain eligible building appurtenances and structures, erected or located on top of or within a building, to exceed the maximum building height allowed by the respective zoning district upon demonstrating compliance with the review criteria. The applicant is proposing the egress staircase to be at 77 feet and 11 inches, extending 2 feet and 11 inches above the maximum allowed height of 75 feet. The applicant has submitted a Justification Statement for the height exception (See Exhibit B —Justification Statement) addressing each of the following review criteria- a) On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses; b) Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; c) Whether the height exception would contribute to the architectural character and form of the proposed project; d) Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; e) Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; fl Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and g) Whether sufficient evidence has been presented to justify the need for a height exception. The requested height exception will allow for the required egress staircase, located at the northwest corner of the building, to extend 2 feet above the maximum allowed height of 75 feet for a total structure height of 77 feet 11 inches, and is not intended to circumvent the maximum height allowed for the freestanding parking garage. The remainder of the freestanding parking garage complies with the maximum allowable height (See Exhibit C — Parking Garage Elevations). In addition, the maximum allowed building height within the Mixed Use-Core zoning district is 150 feet, therefore, the proposed height of the egress staircase would not have any negative impacts on surrounding properties. RECOMMENDATION Staff has reviewed the requests for the Height Exception and recommends DENIAL based on the recommendation of denial for the associated variance request ZNCV 23-002. However, should the City Commission approve the applicant's request for a variance for relief from Part III, Chapter 4, Article II, Section 4.B.3.c Urban Landscape Buffer (Type 2); then staff recommends APPROVAL of the Height Exception request contingent upon City Commission approval of concurrent requests for the New Major Site Plan, New Master Plan, Rezoning, and Abandonment applications, and satisfying all comments indicated in Exhibit D — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Exhibit D. S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\HTEX 23-001\HTEX 23-001 Staff Report-Final.dou Page 135 of 190 � q F .F"mfiR � —moi( �l �`• V i s�� �� {:s�Y� ��ES i\� I : • • . - � fix = . �� {n1 attar �� ..�� o � �tf, rs• �r � l#1� IY@A s y , s � k � 1l (I y{. w , x ' fit,gM44 i �s N k 8 BVI p y r F6et fi tid d 4 Page 136 of 190 Exhibit B.5 P i€ `~' 1 Project Narrative- The Pierce, Height Exception This application for Height Exception is submitted on behalf of BB QOZ, LLC(the "Applicant")for the project known as The Pierce. Applications for Rezoning,New Master Plan,New Major Site Plan, Abandonments, and Community Design Appeals are being submitted concurrently. Pursuant to Section 2.1)of the Boynton Beach, FL Code of Ordinances,Part III Land Development Regulations (the "Land Development Regulations") Chapter 2,Article 11,this application would seek approval to allow for the staircase and parapet as shown on the enclosed West elevation of the parking garage. The request is a deviation from the maximum allowable height requirement in the MU-C zoning district for building appurtenances and architectural features. This is for the parking garage building. At its maximum, the proposed building is 8 stories, and the height of the building is 72'-11"to parking level 8 from parking level 1 (the lowest floor elevation of the garage) with a parapet that varies in height,but stays under the allowable 5'-0"over the highest parking level, and the height of the required egress staircase is set to be exactly 5'-0"above the highest floor level, at an overall height from parking level 1 of 77'-11". The resident elevators are inside the multi-family building to the south. There is a parking garage public elevator which goes up to level 2.5 for public parking while the resident building is connected at every level. Under the Land Development Regulations, a Height Exception is intended to provide an efficient relief process to allow for certain eligible building appurtenances and structures to exceed the maximum building height allowed by the zoning district upon demonstrating compliance with the applicable review criteria. This application is not intended to circumvent the maximum height allowed for buildings. The Height Exception would allow for the required egress stair to extend greater than five feet above the 75'-0" permitted building for parking structures within the development district. This fits within the purpose and intent of the Land Development Regulations. The design flexibility would allow for the proposed design to proceed. This design provides visual interest and enhancement to the building facade without negatively impacting the subject site and surrounding properties. The application meets the review criteria specified in Section 4 of Chapter 2, Article II of the Land Development Regulations as follows: a. Granting of the Height Exception would not adversely affect any of the following: 1) light and air; 2)property values; 3) the living conditions; or 4) existing or proposed land uses. The location of the proposed parking garage, and specifically the staircase and parapet at issue in this height exception request, ensures that there will be minimal impact on light and air to adjacent properties. The parking garage is located on the western part of the property towards the north. This is furthest from existing residential buildings to the south and east of the property. To the west of the western facade of the parking garage is the railroad tracks. Given this choice of location, as well as the fact that the total height of the parapet and staircase will remain under the 80' maximum allowable for a building of 75' in height, the height exception will not have any adverse impact on any light and air quality. The proposed project replaces underutilized property at a prime location at the corner of Boynton Beach Boulevard and Federal Highway. The Pierce will improve the existing site and add 300 residential units whose tenants will support local commercial uses. The project will also activate the street frontage and add additional commercial tenants to revitalize the area. The additional public parking spaces will also Page 137 of 190 The Pierce-Height Exception Narrative P1-1 gi e 12 add to the desirability of future projects in the neighborhood. Accordingly,property values in the area are expected to increase not decrease. Living conditions in the area will also not be adversely affected by the granting of the height exception. As mentioned above, the total height will remain below the maximum permissible in the zoning district. The minor increase for the parapet and/or staircase on the western facade of the parking garage already located on the western side of the property adjacent to the railroad tracks will not directly contribute to any decrease in the living conditions of the area,which will be improved by the overall project and its addition of additional residences,parking, and commercial spaces. The total height and the placement are compatible with existing and potential future buildings in the area. The actual height exception request is minimal, and the location minimizes any potential impact. Accordingly, there will not be adverse impacts on existing or proposed land uses. Based on the above reasoning, the proposed height exception meets the criteria related to lack of adverse impact on 1) light and air; 2)property values; 3) living conditions; and 4) existing or proposed land uses. b. Granting of the Height Exception would not be a deterrent to the development or improvement of adjacent properties in accord with existing regulations. The height exception is requested for the western facade of the parking garage located on the western side of the property. This is the area adjacent to the railroad tracks. The requested height exception is also minimal and involves a total height under what could be built in the area under the land development regulations. Accordingly, the height exception itself would not be a deterrent to the development or improvement of adjacent properties. By contrast,the overall project,which is made possible by the location of the parking garage in the area proposed on the drawings with the maximum parking possible provided,will spur development and improvement of adjacent properties in accord with existing regulations. This new mixed-use development with 300 additional residential units, additional commercial spaces, and public parking,will contribute to the neighborhood and is expected to encourage revitalization of neighboring properties. The new residents will patronize local commercial businesses and provide demand for additional commercial uses. The property will also increase property values and tax revenue,thereby also adding the potential for additional redevelopment. c. Granting of the Height Exception would contribute to the architectural character and form of the proposed project. The height exception request specifically relates to features that are designed in order to improve the design of the building,not detract from it. The parking garage has been designed to blend into the property and contribute to the architectural character and form of the proposed project. By allowing the design as proposed to move forward with the grant of the height exception, the overall visual appeal of the project will be increased. d. Granting of the Height Exception would positively contribute to the city's desired image; streetscape design; or recommendation of any applicable redevelopment plan. The height exception would allow for the development as detailed in the enclosed additional narratives for The Pierce. In addition, after the first submittal and receipt of comments, our team met with staff to redesign the parking garage to further meet the requested design changes and integrate the garage seamlessly into the overall development. The resulting design contributes to the City's desired image and streetscape design. Page 138 of 190 The Pierce-Height Exception Narrative P1-1 gi e 13 e. Granting of the Height Exception would contribute,incentive, and/or serve as a catalyst for sustainable development and other green initiatives. The project design incorporates a number of design elements that contribute to a sustainable development. The enclosed master plan and site plan narratives detail the various sustainable development standards in place for this project. The project also adds a residential component to an existing commercial development that is largely underutilized. It also adds commercial space to an area with several existing large residential properties in the vicinity. These factors both will increase the walkability of the area. f. The Height Exception is necessary and not proposed in a manner with which the objective is to maximize project visibility without concern for architectural or aesthetic integrity. The height exception is necessary to support the mix of uses for the development,which includes public amenities, as well as to provide adequate public parking. It allows for the placement of the parking garage in the area that is the only location to best meet these goals. The height exception is not request only to maximize visibility. Architectural and aesthetics integrity were considered in the design, and the result is a high-quality design that meets the stated goals. These design features add cost to the project but contribute to the aesthetics. g. Sufficient evidence has been presented in the enclosed drawings and narratives to justify the need for a height exception. As details in the enclosed plans and narratives, the height exception is justified. The request itself related to the height exception is minimal and will allow for the project as designed to contribute to the neighborhood and the City. Page 139 of 190 EXHIBIT "D" Conditions of Approval Project Name: The Pierce File number: HTEX 23-001 Reference: 41h review of plans identified as a New Maior Site Plan and New Master Plan with a January 10, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. Approval of the height exception request is contingent upon the approval of all concurrent application for The Pierce Development. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. Page 140 of 190 RI C, I CA) RI m >0 > 0 �<-----—---- +o II I- t 2 (D m (D fd. cn ..........- NO— .......... 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New Business 2/6/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 2/6/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approval of a New Master Plan (MPMD 22-005) and New Major Site Plan Modification (NW SP 22-004) application for a mixed-use development consisting of an eight(8)-story building with 300 dwelling units, 17,089 square feet of commercial space, associated recreational amenities, and parking on a 3.04 acre site. Applicant: Jeffery Burns, Affiliated Development EXPLANATION OF REQUEST: The Pierce is a proposed mixed-use development that will be situated on 3.04 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assemblage of properties consisting of eight(8) developed and undeveloped parcels, including one and two-story commercial buildings (retail, restaurant, and offices) and surface parking lots. The applicant is requesting approval of several concurrent applications for the development of The Pierce (see the respective staff reports). The first application, REZN 22-001, is to rezone the property from CBD (Central Business District) to Mixed Use-Core (MU-C). The next two applications, NW SP 22-004 and MPMD 22-005, are for New Major Site Plan and New Master Plan approval, which proposes an 8-story mixed-use development consisting of approximately 17,089 square feet of ground floor commercial space adjacent to Federal Highway, Ocean Avenue, Boynton Beach Boulevard and NE 4th Street, and a supporting freestanding parking garage with a total of 564 parking spaces. The applicant is also seeking to receive relief from Part 111, Chapter 3, Article 111, Section 6.F.2.c. of the Land Development Regulations which prohibits a freestanding parking garage from fronting an arterial or collector roadway and restricts the maximum height of a freestanding parking garage to 75 feet. The relief applications include, four (4) Community Design Appeal applications (CDPA 22-002, 23-006, 23-007, 23-008) applicable to each elevation of the parking garage, a Height Exception application (HTEX 23-001)for the proposed egress staircase, and a variance (ZNCV 23- 002) for relief from Part 111, Chapter 4, Article 11, Section 4.B.3.c Urban Landscape Buffer (Type 2), to grant a variance of seven (7)feet from the required twelve (12)foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six(6)foot tall masonry wall. Finally, the request includes three (3) applications for abandonments (ABAN 22-001, 22-002, 22-003) to vacate the full length of the alleyway located within the southern section of the site, a portion of NE 1st Avenue, and a portion of the alleyway located within the northern section of the site. The commercial portion of the project totals 17,089 square feet including restaurants, a creative office space, and retail along Federal Highway, Ocean Avenue, and NE 4th Street. Included within the commercial square footage is the relocation of the existing Hurricane Alley Restaurant to the intersection of Boynton Beach Boulevard and NE 4th Street. In addition, a restaurant is proposed to front Ocean Avenue and a cafe is planned to be located adjacent to Dewey Park. The creative office space will have frontage along Federal Highway and the retail space will front NE 4th Street. Of the 300 residential units 201 are one (1) bedroom, 85 are two (2) bedroom, and 14 are three (3) bedroom units. The units range in size from 572 square feet to 1,423 square feet. Each unit also has a balcony or terrace that either faces out towards the street or Dewey Park, or in towards one of the ground floor amenity Page 143 of 190 areas. Notably, 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 98.7 du/ac based on participation in the City's Workforce Housing Program (Exhibit G —Conditions of Approval). Under this provision, the development can receive a 25% density bonus to the maximum density allowed by the MU-C zoning district(80 du/ac). The proposed density, with the bonus, complies with the maximum density permitted within the MXH future land use category (100 du/ac). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: Staff has reviewed this request for a New Major Site Plan and Master Plan, and recommends DENIAL due to the applicant's variance request(ZNCV 23-002)which staff has determined does not meet the required review criteria (refer to staff report ZNCV 23-002), should the City Commission approve the requested variance of the required Urban Landscape Buffer Type 2, staff recommends APPROVAL subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit G —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. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A- Location Map Exhibit Exhibit A.1 - PCN and Ownership List Exhibit Exhibit B - Existing Zoning Exhibit Exhibit C - Proposed Zoning Exhibit Exhibit D - Existing Future Land Use Exhibit Exhibit E - Proposed Abandonments D Drawings Exhibit F - Project Plans D Conditions of Approval Exhibit G - Conditions of Approval Page 144 of 190 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-008 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director 45,5 FROM: Craig Pinder, Planner II DATE: January 12, 2023 PROJECT NAME: The Pierce Major Master Plan Modification (MPMD 22-005) and; New Major Site Plan (NWSP 22-004) REQUEST: Approval of a New Master Plan (MPMD 22-005) and New Major Site Plan Modification (NWSP 22-004) application for a mixed-use development consisting of an eight (8)-story building with 300 dwelling units, 17,089 square feet of commercial space, associated recreational amenities, and parking on a 3.04--acre site. PROJECT DESCRIPTION Property Owner: Boynton Beach CRA& BB QOZ LLC, (see Exhibit A.1) Applicant: BB QOZ, LLC Agent: Jeffery Burns, Affiliated Development Rebecca Zissel/Sachs Sax Caplan, P.L. Location: Generally located at northwest corner of Ocean Avenue and Federal Highway, extending north to Boynton Beach Boulevard and Federal Highway, extending west to NE 4th Street and Federal Highway, and south to approximately one-half block north of Ocean Avenue (see Exhibit A Location Map) Existing Land Use: Mixed Use High (MXH) Proposed Land Use: Mixed Use High (MXH) Existing Zoning: Central Business District (CBD) Proposed Zoning: Mixed Use-Core (MU-Core) Page 145 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 2 Proposed Use: Mixed use development with 300 multi-family units, approximately 17,089 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 3.04 acres Adjacent Uses: North: To the north, right-of-way of Boynton Beach Boulevard, then further north, developed commercial properties classified Mixed Use High (MXH) and zoned Central Business District (CBD) South: To the southwest, the Dewey Park classified Mixed Use High (MXH) zoned Central Business District (CBD); to the south, right-of-way of Ocean Avenue, then further south, a mixed-use project AKA 500 Ocean classified MXH and zoned Mixed Use- Core (MU-C) East: To the east and northeast, developed commercial properties classified Mixed Use-High (MXH) and zoned Central Business District (CBD); on the southeast, right-of-way for Federal Highway, then an undeveloped property classified MXH and zoned Mixed-Use Core (MU-C) West: Right-of-way of NE 4th Street, then an undeveloped parcel classified Mixed Use-High (MXH) and zoned Central Business District (CBD). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the Planning & Development Board and City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND Proposal: The Pierce is a proposed mixed-use development that will be situated on 3.04 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assemblage of properties consisting of eight (8) developed and undeveloped parcels, including one- and two-story commercial buildings (retail, restaurant, and offices) and surface parking lots. 2 Page 146 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 3 The applicant is requesting approval of several concurrent applications for the development of The Pierce (see the respective staff reports). The first application, REZN 22-001, is to rezone the property from CBD (Central Business District) to Mixed Use-Core (MU-C). The next two applications, NWSP 22-004 and MPMD 22- 005, are for New Major Site Plan and New Master Plan approval, which proposes an 8-story mixed-use development consisting of approximately 17,089 square feet of ground floor commercial spaces adjacent to Federal Highway, Ocean Avenue, Boynton Beach Boulevard and NE 4th Street, and a supporting freestanding parking garage with a total of 564 parking spaces. The applicant is also seeking to receive relief from Part III, Chapter 3, Article III, Section 6.F.2.c. of the Land Development Regulations, which prohibits a freestanding parking garage from fronting an arterial or collector roadway, and restricts the maximum height of a freestanding parking garage to 75 feet. The relief applications include, four(4) Community Design Appeal applications (CDPA 22-002, 23-006, 23-007, 23-008) applicable to each elevation of the parking garage, a Height Exception application (HTEX 23-001) for the proposed egress staircase, and a variance (ZNCV 23-002) for relief from Part III, Chapter 4, Article II, Section 4.B.3.c Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall. Finally, the request includes three (3) applications for abandonments (ABAN 22-001, 22-002, 22-003) to vacate the full length of the alleyway located within the southern section of the site, a portion of NE 1St Avenue, and a portion of the alleyway located within the northern section of the site. 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 is not required to meet the Palm Beach County Traffic Performance Standards. The project would generate 1,664 new daily trips with 126 AM peak trips and 115 PM peak trips. School: The applicant has submitted a School Capacity Availability Determination (SCAD) application to the School District of Palm Beach County to confirm that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units with their families. Approval of the 3 Page 147 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 4 application request is contingent upon approval of the SCAD application (Exhibit G — Conditions of Approval). Utilities: The City's water capacity would meet the projected potable water demand for this project. The applicant will be making several upgrades to utility lines in the vicinity of the project to meet the fire flow and water demand requirement as part of the site development. At the time of permitting, detailed engineering calculations are required for the wastewater flow for the project and proposed connection points to the existing sanitary sewer system to determine whether the project can be served by gravity sewer or if a lift station will be required (Exhibit G — Conditions of Approval). Police/Fire: The Police and Fire Departments have reviewed the site plan and the applicant has addressed all review comments during the DART review process. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The proposed project's main vehicular access point is located on NE 1St Avenue with a secondary access point on NE 4th Street. The project's access design from NE 1St Avenue is contingent on the approval of the Abandonment application request. In addition, the project also provides fourteen (14) on-street parking spaces along Federal Highway, Ocean Avenue, and NE 4th Street to serve the commercial uses on the first floor of the project. Sidewalks are provided along all street rights-of-way. The proposed sidewalks area minimum of ten (10) feet wide and are lined with street trees for shade. The sidewalk along Federal Highway also abuts a covered eight (8) foot active area that acts as a front patio entry into the ground floor residential units. Additionally, eight (8) foot active areas are provided along Ocean Avenue and Boynton Beach Boulevard. 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 300 units (201 one-bedrooms, and 99 two and three-bedrooms), which would require 434 parking spaces. Additionally, the code requires guest 4 Page 148 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 5 parking at a rate of 0.15 spaces per unit, which adds an additional 45 required spaces. The commercial space, which would allow a mix of retail, restaurants, and office uses, requires one (1) parking space per 200 square feet of gross floor area. Proposed is 17,089 square feet of retail, thereby requiring an additional 86 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 565 parking spaces would be required. Additionally, the developer has entered into a parking agreement with the Boynton Beach CRA (CRA) that involves providing 150 metered spaces for use by the general public. The applicant is required to provide a layout of the public parking spaces to be operated by the CRA, along with a shared parking study that meets the City's methodology requirements showing a reduction in the need of residential parking by at least 29 spaces (or a reduction in density resulting in at least 29 fewer required spaces), which shall be for the purpose of allowing the CRA to install meters in 150 spaces for public parking (Exhibit G — Conditions of Approval). The site plan proposes 578 parking spaces, an excess of thirteen (13) 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 parking parallel spaces. The applicant proposes an eight (8)-story freestanding parking garage that would accommodate up to 564 vehicles. The applicant will be required to comply with the City's residential parking requirements to ensure that designated resident parking spaces are reserved for, and made available for the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the applicant (Exhibit G — Conditions of Approval). There are an additional 14 on-street parking spaces; four (4) on Federal Highway and three (3) on Ocean Avenue and seven (7) on NE 4th Street. Landscaping: The Plant List (Sheet LP-1) indicates that the project would add a total of 224 trees, 81 of them being canopy trees (including 14 relocated), and 143 palms, 1,595 accent and shrub specimens, and 4,070 small shrubs/vines/groundcover plants. Canopy trees are being maximized where spatially feasible, while palms are proposed in areas near the building foundation, within the landscape buffer and to further screen the parking garage. The exception to this objective intended to maximize canopy trees is within the ground floor amenity areas in an effort to maximize the amount of programmable open space on the site. All plant materials proposed for the landscape areas are required to be at least Florida number one grade and must be identified as having "low" or "medium" watering needs as 5 Page 149 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 6 indicated in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Gumbo Limbo, Green Buttonwood, Silver Buttonwood, Orange Geiger, Alexander Palm, Coconut Palm, Canary Island Date Palm, Sabal Palm, California Fan Palm, and Bougainvillea Standard. The applicant has selected several butterfly attracting plants and has exceeded the sustainability code's requirement of utilizing a minimum of 5% of butterfly attracting plant material within the planting scheme. 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. This includes the uses of lower landscape material placed around private terraces and along the building foundation, and street trees placed between the street and sidewalk in an effort to provide maximum clear pedestrian pathways. Lastly, the project is required to provide a 12-foot wide urban landscape buffer type 2 along the east property line, however, the applicant has submitted a relief application requesting a variance of seven (7) feet from the required twelve (12) foot landscape buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall (Exhibit G — Conditions of Approval). Building and Site: The proposed site area totals 3.04 acres. The proposed mixed-use buillding contains 300 dwelling units, some of which are located on the ground floor fronting Federal Highway with a covered arcade that creates an entry feature reminiscent to a covered front patio. A large courtyard which allows for the ground floor amenity deck is provided in between the main residential building and the proposed restaurant fronting Ocean Avenue, and is visible from the unit balconies. As noted previously, the proposed parking garage is freestanding and has eight (8) levels of parking which are able to be accessed 6 Page 150 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 7 from each level of the residential building. In order to meet the intent of the Land Development Regulations, the applicant proposes a number of design solutions to disguise the freestanding parking garage including an artwork on a perforated metal screen located on the southwest corner of the building (Exhibit G — Conditions of Approval), and arhictectural design elements consistent with the elevations of the multi-family building as described in the staff report for the Community Design Appeal Applications. The east side of the parking garage encroaches into the required twelve (12) foot landscape buffer by approximately seven (7)feet and as noted above under "landscaping", the applicant has submitted a relief application requesting a variance from the urban landscape buffer (type 2) requirements. The commercial portion of the project totals 17,089 square feet including restaurants, a creative office space, and retail along Federal Highway, Ocean Avenue, and NE 4th Street. Included within the commercial square footage is the relocation of the existing Hurricane Alley Restaurant to the intersection of Boynton Beach Boulevard and NE 4th Street. In addition, a restaurant is proposed to front Ocean Avenue and a cafe is planned to be located adjacent to Dewey Park. The creative office space will have frontage along Federal Highway and the retail space will front NE 4th Street. Of the 300 residential units 201 are one (1) bedroom, 85 are two (2) bedroom, and 14 are three (3) bedroom units. The units range in size from 572 square feet to 1,423 square feet. Each unit also has a balcony or terrace that either faces out towards the street or Dewey Park, or in towards one of the ground floor amenity areas. 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 98.7 du/ac based on participation in the City's Workforce Housing Program (Exhibit G — Conditions of Approval). Under this provision, the development can receive a 25% density bonus to the maximum density allowed by the MU-C zoning district (80 du/ac). The proposed density, with the bonus, complies with the maximum density permitted within the MXH future land use category (100 du/ac). Building Height: The maximum building height allowed in the MU-C zoning district is 150 feet. The proposed building elevations depict the lower roof slab deck height of the multi-family building at 81 feet 6 inches, and an 7 Page 151 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 8 upper roof slab height of 88 feet 6 inches located at the corners of the building. The tallest height indicated on the elevations is 91 feet 6 inches, measured to the top of the apartment stair parapet wall. Along Federal Highway, the proposed building elevations show that the building steps back 10 feet at an approximate height of 31 feet 5 inches and then extends to its overall height. In addition, the applicant has submitted a relief application requesting a height exception (HTEX 23-001) to exceed the maximum height of 75 feet for a freestanding parking garage to allow for a height of 77 feet 11 inches for the egress staircase. 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 two and a half (2.5) feet — five (5) feet for street trees, ten (10) feet for sidewalks, and eight (8) feet for active areas such as outdoor seating and retail uses. In those instances where a pedestrian zone is required, the building setback is measured from the back of curb to the exterior surface of the building or supporting columns. Please see the corresponding table below for the proposed setbacks, as provided on the architectural site plan (Exhibit F — Project Plans). Building Setbacks/Build-to-Line Building Setbacks Required Provided Mixed Use Multi-Family Building NE 1St Avenue 0' 42'9" NE 4th Street 0' 11'-9" East Ocean Avenue 20'-6"* 28'-255* East Ocean Avenue (at C4 Retail) 20-6"* 20'-655* Federal Highway 20-6"* 22'-4"*** Parking Garage NE 1St Avenue 0' N/A** NE 4th Street 0' 0'-10" East (Interior) 0' 5'-0" North (Interior) 0' 15'-055* Hurricane Alley Restaurant NE 4th Street 0' 1858" Boynton Beach Boulevard 20-655* 205655* East (Interior) 0' 957" South (Alley) 0' N/A** *Measured from back of curb per pedestrian zone requirements. At N Federal Highway, additional setback required for 120'0" ultimate ROW — refer to civil drawings 8 Page 152 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 9 **Alley/Street at setback of building proposed to be vacated as part of project site plan approval ***12'-9" setback to arcade, 8'0" from arcade to building face — see site plan. Amenities: The project proposes a hardscaped public plaza with an art sculpture at the intersection of Federal Highway and Ocean Avenue (Exhibit G — Conditions of Approval), which connects to the pedestrian zone along both roadways. In addition, the ground floor arcade provided along Federal Highway acts as a front covered patio entry for the ground floor apartments. Along Ocean Avenue, covered outdoor seating is provided in the active area for the Ocean Eatery restaurant (C4-Retail) and Dewey Park Cafe (C5-Retail). The pedestrian zones include a street tree area, sidewalks, active areas, and covered walkways. The project has been designed with a large interior courtyard located between the multi-family building and the Ocean Avenue restaurant for resident use, containing the community pool, outdoor lounging areas, and lush tropical landscaping. A smaller ground floor amenity area with a pickleball court and dog run is provided between the parking garage and multi-family building. 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 also worked with Palm Tran of Palm Beach County to locate and create a new transit shelter on site (Exhibit G — Conditions of Approval), designed utilizing some of the architectural characteristics of this project. Design: The intended architectural style for the project is a mid-rise modern interpretation of "contemporary coastal" architecture, including design features that pay homage to local history and the community aesthetic. The architectural design elements that elicit a coastal style, are the exterior color tones such as the white stucco finish, reminiscent to historic lighthouses and watercraft color tones used in boating. A strong vertical base that interacts with the pedestrian zone fronting Federal Highway provides shade and protection. The framed corners of the building along with the selected window frames will be painted in a dark finish to provide a strong contrast to the white stucco finish, which is similar to coastal home designs seen in the South Florida area. The upper portions of the building include separate vertical elements that create a scale consistent with the approved Broadstone and existing 500 Ocean developments. The project's materials include brick veneer, clear glass at the ground floor commercial level, concrete eyebrows, metal awnings, vertically- 9 Page 153 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 10 oriented windows, and a predominantly white painted building which aids in accentuating the clean lines of the architecture. The materials and finishes are consistent with the contemporary coastal architectural style. 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 of the multi-family building fronting Ocean Avenue steps back and wraps the ground floor amenity deck, creating a break in the building mass. This layout allows for the proposed Ocean Eatery Restaurant to be at a reduced height (30') which further helps to reduce the building mass fronting the roadway. This approach mitigates the visual impact of the building's height onto the 500 Ocean multi-family development to the south. Along Federal Highway, the building maintains its mass along the length of the roadway and varies in height to create a tower element at the south end of the building. As mentioned previously, the building facing Federal Highway is stepped back ten (10) 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 G — Conditions of Approval). The development would satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 50% of the non-roof impervious site 4 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Efficient Water Heating -At least 75% of hot water on premises is heated via Energy Star Certified water heaters or solar water heaters. 2 Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. 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 Where provisions of shade structures are not required per code: Structures such as awnings, screens, 4 10 Page 154 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 11 louvers, or other architectural devices shall cover a minimum of 50% of glazed openings. 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 station \ dumpster area Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Tree Canopy - Provide canopy trees in an amount that exceeds the minimum number of required trees by 15%. 3 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 Total Points 25 Lighting: The photometric plans (Sheets E1.2 & E1.3) include 43 freestanding light pole fixtures, with varying pole heights. The light poles proposed along Boynton Beach Boulevard and Federal Highway will have a pole mounting height of 30' and will match the design of the existing light poles along Seacrest Boulevard; light poles located on Ocean Avenue and NE 4th Street will have a pole mounting height of 15-9" and will match the design of the existing light poles in front of City Hall. Light poles located within the interior of the site will have a mounting height of 12', and the light poles located on the rooftop of the garage will have a mounting height of 20'. The condition of approval requires the spot readings to be a maximum of 5.9 foot- candles (see Exhibit G — Conditions of Approval). Signage: Site and building signage have not been finalized and a Sign Program must be approved in conjunction with requesting any sign permits for the site (see Exhibit G — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has identified a location for a sculpture at the intersection of Federal Highway and Ocean Avenue (Exhibit G — Conditions of Approval). In conjunction with the requirements for the 11 Page 155 of 190 The Pierce(NWSP 22-004,MPMD 22-005) Memorandum No PZ 23-008 Page 12 Community Design Appeal applications, the applicant will also provide artwork to welcome visitors and residents to Boynton Beach in the form of a perforated metal screen on the southwest corner of the freestanding parking garage extending from the second floor to the top floor level. This concept is supported by City staff as well as the Art Advisory Board. The applicant is required to spend a minimum of $150,000 of the Art in Public Places art fees on the sculpture at the northwest corner of Ocean Avenue and Federal Highway and the size shall be complementary to the Albert Paley sculpture at 500 Ocean (see Exhibit G — Conditions of Approval). RECOMMENDATION Staff has reviewed this request for a New Major Site Plan and Master Plan, and recommends DENIAL due to the applicant's variance request (ZNCV 23-002) which staff has determined does not meet the required review criteria (refer to staff report ZNCV 23- 002), should the City Commission approve the requested variance of the required Urban Landscape Buffer Type 2, staff recommends APPROVAL subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit G — 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\The Pierce-101 N Federal(flea 115 N Federal Hwy)\NWSP 22-004 MPMD 22-005\—Staff Report\Staff Report_NWSP 22-004—MPMD 22-005.docx 12 Page 156 of 190 � q F .F"mfiR � —moi( �l �`• V i s�� �� {:s�Y� ��ES i\� I : • • . - � fix = . �� {n1 attar �� ..�� o � �tf, rs• �r � l#1� IY@A s y , s � k � 1l (I y{. w , x ' fit,gM44 i �s N k 8 BVI p y r Feet fi tid d 4 Page 157 of 190 Exhibit A.1 PROPERTY 1: Address: 508 E BOYNTON BEACH BLVD PCN: 08434528030010060 Owner: Boynton Beach CRA Legal Description: Lots 6 and 7, Block 1, Original Town of Boynton, according to the map or plat thereof as recorded in Plat Book 1,Page 23,Public Records of Palm Beach County, Florida. PROPERTY 2: Address: NE 4'St. PCN: 08434528030010080 Owner: Boynton Beach CRA Legal Description: Lots 8 and 9, Block 1, TOWN OF BOYNTON, according to the map or plat thereof as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. PROPERTIES 3 and 4 (share a legal description) Address: NE 1st Ave PCN: 08434528030010100 Owner: Boynton Beach CRA Legal Description: 1, 2, 3, 4, 5, 6, and 7, Block 6, Original Town of Boynton, a subdivision of the City of Boynton Beach, Florida according to the Plat thereof in the Office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 23, excepting therefrom the North 5' of Lots 5 and 7 and the West 5' of Lot 7, and existing right-of-way for U.S. Highway 41 and Lots 10, 11, and West 1/2 of Lot 12, Block 1, Original Town of Boynton, a subdivision of the City of Boynton Beach, Florida according to the Plat thereof in the Office of the Clerk of the Circuit Court,recorded in Plat Book 1,Page 23, Public Records of Palm Beach County, Florida. Address: 115 N Federal Hwy PCN: 08434528030060010 Owner: Boynton Beach CRA Legal Description: 1, 2, 3, 4, 5, 6, and 7, Block 6, Original Town of Boynton, a subdivision of the City of Boynton Beach, Florida according to the Plat thereof in the Office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 23, excepting therefrom the North 5' of Lots 5 and 7 and the West 5' of Lot 7, and existing right-of-way for U.S. Highway 41 and Lots 10, 11, and West 1/2 of Lot 12, Block 1, Original Town of Boynton, a subdivision of the City of Boynton Beach, Florida according to the Plat Page 158 of 190 thereof in the Office of the Clerk of the Circuit Court,recorded in Plat Book 1,Page 23, Public Records of Palm Beach County, Florida. PROPERTIES 5, 6, and 7(share a legal description): Address: 511 E Ocean Ave PCN: 08434528030060100 Owner: Boynton Beach CRA PARCEL 1: Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less the South 8 feet thereof, Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 2: The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof,in Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 3: Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. Address: 515 E Ocean Ave PCN: 08434528030060111 Owner: Boynton Beach CRA Legal Description: PARCEL 1: Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less the South 8 feet thereof, Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 2: The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof,in Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 3: Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. Page 159 of 190 Address: 529 E Ocean Ave PCN: 08434528030060120 Owner: Boynton Beach CRA Legal Description: PARCEL 1: Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less the South 8 feet thereof, Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. PARCEL I The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof,in Block 6, Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. PARCEL 3: Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, as recorded in Plat Book 1,Page 23, of the Public Records of Palm Beach County, Florida. PROPERTY 8: Address: 101 N Federal Hwy PCN: 08434528030060130 Owner: BB QOZ LLC Legal Description: TRACT 1: All of the North 58.25 feet of Lot 14 and all of the East 9 feet of the North 58.25 feet of Lot 13, Block 6 original townsite of Boynton, Florida, according to a plat thereof on file in Plat Book 1, Page 23,Palm Beach County, Florida public records, and also according to the attached sketch of Lot 14 and East 9 feet of Lot 13, Block 6, original townsite of Boynton, Florida, surveyed and prepared by George S. Brockway, Engineer,under date of December, 1939, and marked on said sketch as "Tract I"; also TRACT I All of the South 68 feet of Lot 14 and the East 9 feet of South 68 feet of Lot 13, Block 6, original townsite of Boynton,Florida, according to a plat thereof on file in Plat Book 1,Page 23,Palm Beach County, Florida public records, and also according to the attached sketch of Lot 14 and East 9 feet of Lot 13, Block 6, original townsite of Boynton, Florida, surveyed and prepared by Page 160 of 190 George S. Brockway, Engineer,under date of December 1939, and marked on said sketch as "Tract 2". TRACT 3: West 41 feet of Lot 13 in Block 6 of the Town of Boynton,Palm Beach County, Florida, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida,recorded in Plat Book 1,Page 23. LESS AND EXCEPT The East 10 feet of Lot 14 and the South 8 feet, less the East 10 feet thereof,of Lot 14, Block 6, Original Town of Boynton, according to the plat thereof as recorded in Plat Book 1 at Page 23 of the Public Records of Palm Beach County, Florida;being in Section 28, Township 45 South, Range 43 East. And That part of the aforementioned Lot 14, Block 6 of Original Town of Boynton,which is included in the external area formed by a 12 foot radius arc tangent to a line 8 feet North of and parallel to the South line of said Lot 14 and tangent to a line 10 feet West of and parallel to the East line of said Lot 14; subject to the existing right-of-way for Ocean Avenue. Page 161 of 190 1 J 11 LL S� �' �' E Boynton Beach Bl�d' � � u m IV, s n i C , 44 EM, �. E Ocean Ave ,� a � s �I70� Zoning m� R3 Multi Family, 11 du/ac C2 Neighborhood Commercial h C3 Community Commercial SE 1st Ave' C4 General Commercial CBD Central Business District M1 Light Industrial IM MU-2 Mixed Use 2,40 du/ac �, yep a eo ;'x �� ��t � MU-C Mixed Use Core,80 du/ac 11 � s{ H: impi i � m w Stip' B � t� v� ��, t _�;v �"j� •t '�� 9 n� � I t> f S� % I ' E Boynton Beach BI✓d � i; ' v I i Za { m' WNE,1 st ve �� t i d l E Ocean Ave v a Zoning R3 Multi Family, 11 du/ac b ® C2 Neighborhood Commercial C3 Community Commercial $E'LSt]�►Ve' �', #C4 General Commercial v CBD Central Business District h r M1 Light Industrial MU-2 Mixed Use 2,40 du/ac MU-C Mixed Use Core,80 du/ac �Y t t 4; �. a '�"£ E Boynton Beach Bl�d' � ;� y K m a 1 w j It - r g t( � , 4 u t 3 OB o E Ocean 4 , v ;f I� 1 3 1Y t Future Land Use LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL 1 MIXED USE MEDIUM (MXM)-� 50 D. ./Acre H MIXED USE High (MX 80 D.U./Acre tr }}4}g{{U I, r I W f E{ I If I , I I S llr'f� P 22.003 ` wil ,1 I 4 — )Jrr �_ r �,itt rsii �: I a � 1 I�• 6f6 i i 0 ` 25' 50 100 50 200 � r• { Page 165 of 190 o= e M� i fie I ee n Si _e es � ...rte_, iio�� � ■I■n a i � ■■�� moi:iii w + g o Q LU Ppb'..�'� 5 El 0 LU LL w I ;`< �> a '� z J U ALL- a D_ W Noiionb1SNOO K0 lON I -- - ------- --- --- ------------ --- ------ ---- _ — ——————— I o I I--I— -- ed--—— — 4 0 ��d3 eoNJa� __ -- �� FI , { wo J a s y � n . 4 ��� lttv� 11��VAlVA1N4�sA\\;�\��s.u�x�; �;J,AAAA I I II i I a gi— - _ ago r >xi `is I e, a mw e a aa )\ um 4 n { � z " I /N 70 1411t111, ,y 3 1_ z r a.w m so a w r — `�1. 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F ------- o r � - - --------- -------- oL a a - _ __ �w = LU LU Qo m VHi$��� o w �LL w zQ wa w O w 0— Z J IL W® _ H LLI - V! _ V _ HN W W= m 0 e N, a WJ o ao 2� - 7 - ozK w6 zoz ��� - K w� w s yo G m U. J � a s r `.. c oEoog Mpow dd aro o- m — n s v m e� m _ a } F r r it _ m r� "t LU Z z QLL U, o� a Q o / Noiionb1SNOO K0 lON its J T }t n �� tt1�l Srn y{ t r � tiSy�t£iStrst�}y,a`. nu is 1� '4Y�`��'�' � t�� �, •` H mss: �y M 0 Y 5� .77 if 4 t t � I ti y lipLi' 11�}�Sjb r fi l<Y EXHIBIT "G" Conditions of Approval Project Name: The Pierce Site Plan & Master Plan File number: NWSP 22-004 & MPMD 22-005 Reference: 41h review of plans identified as a New Maior Site Plan and New Master Plan with a January 10, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. At the time of permitting, provide detailed engineering calculations for the wastewater flow for the project and proposed connection points to the existing sanitary sewer system. The capacity in the X sanitary sewer system and existing pipe sizes shall be considered to determine if the project can be served by gravity sewer or if a lift station will be required. 2. For the alley on the north side of NE 1St Avenue, provide a 12-foot easement for the portion of the sanitary main that will be in the X abandonment. 3. In addition to the site lighting requirements, the existing street lights along Boynton Beach Blvd. and Federal Hwy. shall be replaced with FPL 37' concrete poles. Existing street lights along X Ocean Ave., NE 41h St. and NE 1St St. shall be replaced with FPL 20' aluminum poles. Please refer to the PDFs emailed 12/30/2022. 4. The developer shall underground all existing overhead lines within and adjacent to the subject project along Boynton Beach Blvd., Federal Hwy., Ocean Ave. and both sides of NE 4th St., NE 1St St. and alleyways. Easements shall be coordinated with requisite utility authorities and shall be provided for the installation of underground utilities or relocating existing facilities in conformance X with the respective utility authority's rules and regulations. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms, or corporations furnishing utility service involved. 5. Provide and maintain unobstructed safe-sight triangles at intersections and driveways. X 6. Minor driveways may be constructed as a drop curb. Intermediate driveways shall provide minimum pavement return radii of 30 feet. X 7. Driveway north of parking garage servicing Hurricane Alley site shall be used for service vehicles only; no parking. X Page 185 of 190 The Pierce (NWSP 22-004, MPMD 22-005) Conditions of Approval Page 2 of 6 DEPARTMENTS INCLUDE REJECT 8. Drop-off areas are not permitted to include valet use; any changes to add valet parking shall require a Site Plan Modification. X 9. Clearly indicate all existing and proposed easements. X 10. Parking garage columns shall not encroach into required drive aisles width. X 11. Any modifications to parking garage shall require administrative approval prior to permitting. X 12. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does X not ensure that additional comments may not be generated by the commission and at permit review FIRE Comments: None. All previous comments acknowledged at DART meeting. POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING Comments: None. All previous comments acknowledged at DART meeting. PARKS AND RECREATION Comments: None. All previous comments acknowledged at DART meeting. PUBLIC ART Comments: 14. A minimum of $150,000 of the Art in Public Places art fees shall X be spent on a sculpture at the northwest corner of East Ocean Avenue and Federal Highway (i.e. the southeast corner of the site). Page 186 of 190 The Pierce (NWSP 22-004, MPMD 22-005) Conditions of Approval Page 3 of 6 DEPARTMENTS INCLUDE REJECT 15. Per the Art Advisory Board's direction increase the size of the X sculpture located at the corner of Ocean and Federal to be similar in size and complementary to the Albert Paley sculpture at 500 Ocean. The Board gave a low priority to the use of Art in Public Places funds to be used for the mural facing Federal Highway on the garage. 16. Provide adequate lighting for all proposed artwork. X PLANNING AND ZONING Comments. 17. An application for a variance (ZNCV 23-002) was submitted to obtain relief from the required width and from the requirement to provide a wall within the Urban Landscape Buffer Type 2. X Approval of the New Major Site Plan and Master Plan applications are contingent upon the approval of the variance application. 18. Approval of the Major Master Plan and Site Plan applications are contingent upon the approval of the Abandonment (ABAN 22-001, 22-002, 22-003), Rezoning (REZN 22-001), Community Design X Appeal (CDPA 22-002, CDPA 23-006, CDPA 23-007, CDPA 23- 008, and Height Exception (HTEX 23-001) applications. 19. NE 41h Street is classified as a collector roadway according to the Comprehensive Plan of the City of Boynton Beach. Approval of the freestanding parking garage is contingent upon approval of all X requested community design appeal (CDPA) relief applications, as stated in comment#15. 20. Approval of the Major Master Plan and Site Plan applications are contingent upon the approval of the School Capacity Availability X Determination (SCAD) application. At time of permit, please submit a letter of approval for the SCAD application. 21. The project's approval is conditioned upon its participation in the City's Workforce Housing Program. X 22. At time of permit, please submit a traffic statement from Palm Beach County. X 23. The developer shall provide a perforated metal screen including a mural design on the southwest elevation of the parking garage as the scale and size is depicted on the referenced elevation X drawings. 24. Per the Sustainable Development Standards, one Electric Vehicle (EV) charging station is required per fifty thousand (50,000) X square feet of non-residential development. At time of permitting, Page 187 of 190 The Pierce (NWSP 22-004, MPMD 22-005) Conditions of Approval Page 4 of 6 DEPARTMENTS INCLUDE REJECT please identify one additional EV charging station for the commercial component of the site plan. The total required number of EV charging stations required by the Sustainable Development Standards for the proposed site plan is seven (7) servicing a total of fourteen (14) parking spaces. 25. The resident parking spaces shall be separated by a gate and/or gate arm to restrict public access to resident parking. The developer shall comply with the City's residential parking requirements to ensure that designated resident parking spaces X 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. 26. At time of permit, depict all parking spaces that are proposed to be metered and/or any surplus (above Code required) parking within the property. Please note that if any parking spaces are proposed X to be metered, additional review of the site plan and meter agreement may be required. 27. Per the Land Development Regulations, overhead doors shall not be located on building facades visible from Federal Highway. At time of permit, replace the overhead doors with sliding glass doors or accordion doors on the east building elevation for the Ocean X Avenue Restaurant, and provide the updated east elevation drawing. 28. At time of permit, please update the Ocean Avenue restaurant `key plan' on sheet A2.7 to match the revised floor plan. The drawings shall be consistent across all plan sets. Any unforeseen X changes to the plan(s) will be subject to additional review. 29. All buildings throughout the development shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical equipment, stairs, and elevator towers. All rooftop equipment must be completely X screened from view at a minimum distance of 600 feet. At the time of permitting, provide a line of sight drawing(s) showing compliance with this requirement. 30. At the time of permit, provide a comprehensive management plan that clearly illustrates how trash pickup will be handled on the site, X and identifies the central trash pickup location. 31. At time of permit, revise the dimensions of the bike rack detail to feet and inches. X Page 188 of 190 The Pierce (NWSP 22-004, MPMD 22-005) Conditions of Approval Page 5 of 6 DEPARTMENTS INCLUDE REJECT 32. At time of permit, provide additional height for the variation in the roof line. The proposed rhythm of the "breaks" in roofline is adequate, however, a one-foot difference in height is insufficient. Please increase the height of the roof line break at strategic X locations, for e.g. consider including a two-foot variation at strategic locations. 33. At time of permit, replace the site plan shown on the Landscape Plan with the updated site plan submitted on 12-29-22. Any unforeseen changes to the plan(s) will be subject to additional X review. 34. The Wax Myrtle Hedge proposed around the FPL transformer adjacent to Ocean Avenue is spec'd as 36" O.C. on the Landscape Plan (sheet L2.1), but the spacing provided in the Planting Material/Specifications table states 24" O.C. At time of X permitting, correct the specifications and ensure that the hedge is planted with tip-to-tip spacing. 35. At the time of permit, revise the spread of the Swiss Cheese plant spread to either 36-inches or revise the spacing to 24-inches on X center 36. Street trees are required to be spaced between twenty (20) — twenty-five (25) feet on center. At time of permit, revise the Perimeter Landscape Requirements table to state a minimum of every 25 linear feet rather than 30 linear feet, and revise the number of required trees. In addition, please include the trees required for the Urban Landscape Buffer Type 2 in this table to X show compliance. Please ensure that the proposed number of canopy trees satisfies the selected Sustainable Development option for "Urban Nature —Tree Canopy" as the project is required to achieve a minimum of 25 sustainability points. 37. At time of permit, please remove the reference to Suburban Landscape Buffer Type 1 from the Perimeter Landscape X Requirements on sheet L2.3. 38. Permanent off-street lighting levels for all multiple-family residential and non-residential uses shall not exceed five and nine-tenths (5.9) foot-candles for any spot location reading. At X time of permit, revise the photometric plan to ensure that spot readings do not exceed five and nine-tenths (5.9) foot-candles. 39. Please replace the site plan shown on the Photometric Plan with the updated site plan submitted on 12-29-22. Be advised that the X drawings shall be consistent across all plan sets. Any unforeseen Page 189 of 190 The Pierce (NWSP 22-004, MPMD 22-005) Conditions of Approval Page 6 of 6 DEPARTMENTS INCLUDE REJECT changes to the plan(s) will be subject to additional review. 40. Any existing overhead utilities around the perimeter of the site and all utilities required to service the site shall be placed below X ground at the cost of the applicant. 41. A Sign Program is required to be submitted and approved prior to the approval of any sign permits for the project. X 42. The applicant shall provide on-street parking on N Federal Highway, Ocean Avenue, and NE 4th Street as depicted on the X site plan submitted on 1-10-2023. 43. The applicant shall dedicate a 10' x 30' easement and place, at their cost, a bus shelter designed utilizing architectural elements, materials, and colors matching the proposed building along X Federal Highway. COMMUNITY REDEVELOPMENT AGENCY Comments: 44. Pursuant to the Parking Lease Agreement executed by the City, CRA, and Applicant on July 8, 2022, 150 spaces on the unrestricted side of the gate will count towards the Applicant's required parking and will function as public parking operated by the CRA. The Applicant will submit, at the time of building permit, a layout of the public parking spaces to be operated by the CRA, along with a shared parking study that meets the City methodology X requirements showing a reduction in the need of residential parking by at least 29 spaces (or a reduction in density resulting in at least 29 fewer required spaces), which shall be for the purpose of allowing the CRA (or the Applicant on behalf of the CRA) to install meters in 150 spaces for public parking. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. Page 190 of 190