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Agenda 03-28-23 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, March 28, 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 2/28/23 Planning & Development Board meeting. 5. Communications and Announcements: Report from Staff 5.A. Discuss process for providing an annual report to Commission. 6. Old Business 7. New Business 7.A. Approve request for two (2) Community Design Appeal requests (CDPA 22-005 & 23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the facades of parking garage as proposed and of four (4) Community Design Appeal requests (CDPA 23-001, 23-002, 23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. Applicant: Brian Bartcazk, BB1 Development LLC 7.B. Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8)-story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71-acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU-C (Mixed-Use Core) zoning district. Applicant: Brian Bartczak, BB1 Development LLC 7.C. Approve modifications to existing uses (CDRV 23-004) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off-Street Parking Requirements, to modify definitions, use regulations, and parking requirements for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC zoning district. 8. Other 9. Comments by members 10. Adjournment Page 1 of 232 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 232 4.4.A. Approval of Minutes 3/28/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/28/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve board minutes from 2/28/23 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: Page 3 of 232 5.5.A. Communications and Announcements 3/28/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/28/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Discuss process for providing an annual report to Commission. 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: Page 4 of 232 7.7.A. New Business 3/28/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/28/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for two (2) Community Design Appeal requests (CDPA 22-005 & 23-009) of Part 111, Chapter 4, Article 111, Section 6.F.2.d., which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the facades of parking garage as proposed and of four (4) Community Design Appeal requests (CDPA 23-001, 23-002, 23- 003, &23-004)for Part 111, Chapter 3, Article 111, Section 5.C.1, Table 3-22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. Applicant: Brian Bartcazk, BB1 Development LLC EXPLANATION OF REQUEST: The application submitted for the Community Design Appeals (CDPA 23- 001, 23-002, 23-003, 23-004, 23-005, 23-009) is pursuant to the following: Part 111, Chapter 4, Article 111, Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way, and; Part 111, Chapter 3, Article 111, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone (build-to line) Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. As described, the parking garage is wrapped with habitable space along North Federal Highway and East Ocean Avenue, but is not wrapped with habitable space along Boynton Beach Boulevard or NE 6th Court, and accordingly, is one of two subjects of this appeal request. The other subject of this appeal request is that the building is set back further from the required build-to line, which is normally 20'6" measured from back of curb on North Federal Highway, East Boynton Beach Boulevard, and East Ocean Avenue, and 5' measured from back of curb on NE 6th Court. On North Federal Highway, the building is set back 247' — 106'6" from the back of curb, on East Boynton Beach Boulevard, the building is set back 30'6" — 191'4" from the back of curb, on NE 6th Court, the building is set back 14'11" - 108'3" from the back of curb, and on East Ocean Avenue, the building is set back 32'— 1017' from the back of curb. The strict application of the site design standards for a parking garage wrapped with habitable space from all rights-of-way, in this instance, would create a condition which would push the parking garage closer to North Federal Highway and would severely limit or eliminate the public and private plazas along North Federal Highway. Providing an unwrapped garage allowed the applicant to optimize the amount of available usable open space for both the public and private residential amenities. The strict application of the standards for a build-to line, in this instance, would reduce the flexibility of the applicant to provide alternative design solutions which promote the expansion of the public realm. Allowing the building to be set back a distance from the build-to line allows for expanded landscaping along the pedestrian Page 5 of 232 zone and provides opportunities for public plazas along East Boynton Beach Boulevard, East Ocean Avenue, and North Federal Highway. These proposed architectural features and landscape material, in addition to the conditions of approval, will allow the parking garage elevations to appear as habitable spaces and remain consistent with the architectural design of the multi-family building, and will allow the increased setback to create more pedestrian features which further enrich the downtown environment in which it is located. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A- Location Map Exhibit Exhibit B.1 - Justification Statement- Garage (NorthElevation) D Exhibit Exhibit B.2 - Justification Statement- Garage (East Elevation) Exhibit Exhibit B.3- Justification Statement- Build-To Line (West Elevation) D Exhibit Exhibit BA- Justification Statement- Build-To Line (North Elevation) [ Exhibit Exhibit B.5- Justification Statement- Build-To Line (EastElevation) D Exhibit Exhibit B.6- Justification Statement- Build-To Line (SouthElevation) D Drawings Exhibit C.1 - Master/Site Plan D Drawings Exhibit C.2 -Architectural Plans D Drawings Exhibit C.3- Landscape Plans D Conditions of Approval Exhibit D - Conditions of Approval Page 6 of 232 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-015 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: March 16, 2023 PROJECT NAME: Ocean One - Hyperion Major Master Plan Modification (MPMD 23-002) and; Major Site Plan Modification (MSPM 23-003) REQUEST: Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8)-story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71-acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU-C (Mixed-Use Core) zoning district. Applicant: Brian Bartczak, BB1 Development LLC PROJECT DESCRIPTION Property Owner: BB1 Development LLC Applicant: Brian Bartczak, BB1 Development LLC Agent: Bonnie Miskel, Beth Schrantz Dunay Miskel & Backman, LLP Location: 222 & 114 N. Federal Highway - East of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue (see Exhibit "A" - Site Location Map) Existing Land Use: Mixed-Use High (MXH) Proposed Land No change to land use proposed Page 7 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 2 Use: Existing Zoning: Mixed-Use Core (MU-Core) Proposed Zoning: No change to zoning proposed Proposed Use: Mixed-use development consisting of 371 multifamily dwelling units and 25,588 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 3.71 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north is a developed mix use project (Casa Costa) zoned MU-C (Mixed- Use Core). South: Right-of-way for East Ocean Avenue, farther south are developed properties zoned CBD (Central Business District), then the "Broadstone" project under construction, zoned MU-C (Mixed-Use Core). East: Right-of-way for NE 6th Court and father east are developed properties (First Financial Plaza) zoned CBD (Central Business District) and Marina Village zoned MU-C (Mixed-Use Core) West: Right-of-way for Federal Highway and farther west is the site of the approved "The Pierce" mixed-use project zoned MU-C (Mixed-Use Core), and other developed commercial properties zoned CBD (Central Business District). To the southwest is 500 Ocean zoned MU-C (Mixed-Use Core). 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: Ocean One is a proposed mixed-use development that will be situated on 3.71 acres located within the Downtown District as 2 Page 8 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 3 defined by the CRA Community Redevelopment Plan. The project site consists of two vacant parcels. The southern parcel previously contained a bank building with an accessory drive through structure. All structures were demolished in 2013, with the exception of the parking lot, which remains today in poor condition. In 2017, the subject site was rezoned from CBD (Central Business District) to Mixed-Use Core (f.k.a Mixed-Use High), and obtained a Major Site Plan approval for an eight (8)-story mixed-use building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities (REZN 16-001). The development order was extended pursuant to F.S. 252.363, and remains in effect to date. The applicant is requesting approval of a Major Master Plan Modification, a Major Site Plan Modification, and six (6) Community Design Appeals for the development of Ocean One (see the respective staff reports). The Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) request proposes an 8-story mixed-use development consisting of 371 dwelling units ranging in size from 551 square feet to 1,209 square feet, approximately 25,588 square feet of ground floor commercial spaces adjacent to North Federal Highway, East Ocean Avenue, and East Boynton Beach Boulevard, and a parking garage with a total of 632 parking spaces. The applicant is also seeking to receive relief through six (6) community design appeals Two (2) community design appeals (CDPA 23-005, 009) are requested for relief from Part III, Chapter 4, Article III, Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way. The relief is being requested along East Boynton Beach Boulevard and Northeast 6t" Court. The remaining four (4) community design appeals (CDPA 23-001, 002, 003, 004) are requested for relief from Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone. The relief is being requested along all four rights-of-way (East Boynton Beach Boulevard, North Federal Highway, East Ocean Avenue, and Northeast 6t" Court) which make up the perimeter of the site. ANALYSIS 3 Page 9 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 4 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 1,880 new daily trips with 156 AM peak trips and 165 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 application request is contingent upon approval of the SCAD application (Exhibit C — 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 requirements 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. The project will also be required to provide adequate easements on-site to accommodate utility services (Exhibit C — 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 Police Department requests the applicant to provide center arms and skate blocks to benches to deter damage from skateboard traffic (Exhibit C — Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. 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 North Federal Highway with a secondary access point on NE 6th Court. In addition, the project also provides twenty (20) on-street parking spaces along Federal Highway and NE 6th Court to serve the commercial uses on the first floor of the project. Sidewalks are provided along all rights-of-way. On North Federal Highway, East Boynton Beach Boulevard, and 4 Page 10 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 5 East Ocean Avenue, the proposed sidewalks are ten (10) feet wide, lined with street trees for shade, and connect to an eight (8) foot active area that is generally covered and provides additional space within the pedestrian realm. The sidewalk on NE 6t" Court ranges in width from five (5) feet to ten (10) feet, and is also lined with street trees for shade. The project has a condition to provide more landscaping between the sidewalk and the building & garage to create a more pleasant environment for the pedestrian (Exhibit C — Conditions of Approval). 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 371 units (280 one-bedrooms, and 91 two-bedrooms),which would require 523 parking spaces. Additionally, the code requires guest parking at a rate of 0.15 spaces per unit, which adds an additional 56 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 25,588 square feet of retail, thereby requiring an additional 128 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 707 parking spaces would be required. Parking Reduction (Chapter 4, Article V, Section 3.C. Shared Parking): The applicant is utilizing a reduction in required off-street parking per Land Development Regulations Chapter 4, Article V, Section 3.C, which provides applicants the option to calculate required parking based on shared parking methodologies, plus a buffer of 10% of the calculated parking. The applicant provided a report calculated and certified by a licensed traffic engineer using "ITE Parking Generation Manual, 5t" Edition" which shows that peak parking demand is between the hours of 12:00 AM and 4:00 AM, and would result in 579 spaces being utilized. As such, the required parking per Section 3.0 totals 637 spaces (579 spaces + 58 spaces [10% buffer]). The site plan proposes 652 parking spaces, an excess of fifteen (15) spaces. Regular parking space dimensions would conform to or exceed 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 parking garage that would accommodate up to 532 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 5 Page 11 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 6 spaces by residents. This requirement shall be monitored and enforced by the applicant (Exhibit C— Conditions of Approval). There are an additional 20 on-street parking spaces and eight (8) on North Federal Highway and twelve (12) on NE 6t" Court. Landscaping: The Plant List (Sheet L-610) indicates that the project would add a total of 96 trees, 52 of them being canopy trees, 44 palms, 1,595 accent and shrub specimens, and 3,666 small shrubs/vines/groundcover plants. Canopy trees are being maximized along rights of way and within plazas to enhance the pedestrian realm and provide shade. Palm trees are located within one of the plazas, as well as within the vehicular drop-off area and the residential amenity area. 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 indicated in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Bougainvillea, Pigeon Plum, Sea Grape, Green Buttonwood, Silver Buttonwood, and Japanese Privet. 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 (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 cantilevered awnings to create the streetscape theme. This includes the use of street trees placed between the street and sidewalk in an effort to provide maximum clear pedestrian pathways. Due to the sloping gradients of the lot, the applicant provides a landscaped area between the sidewalk area and the active area throughout the site to accommodate changes in elevation. The project has a condition to enhance the landscaping within this area to improve the pedestrian experience within the pedestrian zone (Exhibit C — Conditions of Approval). The project has been conditioned to provide additional landscaping to reduce the development's impact on the pedestrian realm, 6 Page 12 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 7 including along the amenity area wall, parking garage, and building fagade along NE 6t" Court. (Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 3.71 acres. The proposed mixed-use buillding contains 371 dwelling units and 25,588 square feet of commercial space. The building confurged as such where the commercial spaces are located on the ground floor fronting North Federal Highway, East Boynton Beach Boulevard, and East Ocean Avenue, in alignment with commercial frontage requirements. In addition, the site proposes three (3) pedestrian plazas within the site, which break up the building's facade along the aforementioned rights-of-way and expand the public realm deeper into the site. Residential units are located on floors two through eight, and contain balconies face inward toward the courtyards to allow for visibility. A parking garage is integrated into the structure and is oriented toward NE 6t" Court, away from the required pedestrian zone along the other three rights-of-ways. As noted previously, the proposed parking garage has eight (8) levels of parking which are able to be accessed from each level of the building. The applicant is requesting relief from Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way. In order to meet the intent of the Land Development Regulations, the applicant proposes providing a vine system affixed to the exposed wall to disguise the freestanding parking garage from East Boynton Beach Boulevard. The project has been conditioned to provide additional design features in addition to the propsoed vines to further enhance this fagade and to require a similar treatment along NE 6t" Court to further meet the intent of the code (Exhibit C — Conditions of Approval). The commercial portion of the project totals 25,588 square feet and may include a variety of restaurants and retail along North Federal Highway and Ocean Avenue. The commercial spaces are both oriented toward the rights-of-way but also toward the plazas, creating spaces for outdoor dining. Of the 371 residential units, 42 are studios, 238 are one (1) bedroom units, and 91 are two (2) bedroom units. The units range in size from 551 square feet to 1,209 square feet. Each unit also has a balcony or either faces out towards the street, or in towards one of the plazas or amenity area. Page 13 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 8 The project proposes a zoning density of 67 du/ac per Land Development Regulations Chapter 3, Article III, Section 8.E.6, which allows projects within the Downtown TOD Overlay to count efficiency and one-bedroom units which are 750 square feet or less as one-half (1/2) a unit, as long as the Future Land Use of the site is not exceeded when counted as a whole unit. Boynton Beach Comprehensive Plan Future Land Use Element Policy 1.3.1 provides that properties with a Future Land Use of Mixed-Use High (MXH) (east of 1-95) and located within the Downtown TOD District have a maximum density of 100 dwelling units an acre. Of the proposed 371 dwelling units, 245 are either efficiency or one-bedroom units under 750 square foot which meet the requirement under the LDR section. When calculated under this provision, the proposed zoning density of the site is 67 du/ac,which is under the maximum of 80 du/ac under the Mixed-Use Core (MU-C) zoning district for the site. When calculated as whole units, the proposed future land use density of the site is 100 du/ac, which meets the maximum of 100 du/ac under the MXH Future Land Use designation. Therefore, the proposed density complies with the maximum density permitted within both the MU-C zoning and the MXH future land use. Building Height: The maximum building height allowed in the MU-C zoning district is 150 feet. The proposed building elevations depict the roof slab deck height of the building at 75 feet. The tallest height indicated on the elevations is 95, measured to the top of the rooftop mechanical equipment. 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. 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 B — Project Plans). Building Provided Provided Setbacks Required (Measured from (Measured from back of curb) property line) North Federal 20'6"* 247' — 106'6" 17'5" — 99'4" Highway East Boynton 20'6"* 30'6" — 191'4" 30'2" — 191' Beach 8 Page 14 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 9 Boulevard NE 6t" Court 51* 14'11" - 108'3" 12'1" — 105'5" East Ocean 20'-6"* 32' — 1017' 21' — 907' Avenue *Measured from back of curb per pedestrian zone requirements. The maximum building height at the property line is 45 feet. This requirement exists so that projects do not build the entire height of the building on the property line. The applicant is requesting four (4) community design appeals (CDPA 23-001, 002, 003, 004) from relief from Part 111, Chapter 3, Article 111, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone. The relief is being requested along all four rights-of-way (East Boynton Beach Boulevard, North Federal Highway, East Ocean Avenue, and Northeast 6th Court) which make up the perimeter of the site. The relief is to accommodate the aforementioned building step-back at the ground floor of 5 feet along North Federal Highway, and 10 feet along East Boynton Beach Boulevard, NE 6t" Court, and East Ocean Avenue. Amenities: The project proposes three pedestrian plazas, one along East Ocean Avenue and two along North Federal Highway. The plaza on East Ocean Avenue and the northern plaza on North Federal Highway will have landscaping and contain outdoor dining for the ground floor commercial. The southernmost plaza on North Federal Highway will have benches and a water feature. Behind this plaza is a covered vehicle drop-off area, with a mural along the ground floor of the parking garage. The pedestrian zones include a street tree area, sidewalks, active areas, and covered walkways. The project has been designed with a large amenity area at the corner of East Boynton Beach Boulevard and NE 6t" Court, which includes a lap pool and a pickleball court. This amenity area will have resident-only access to East Boynton Beach Boulevard. The project will be separated by a wall with landscaping, and the project has been conditioned to provide additional landscaping within this area (Exhibit C — Conditions of Approval). In addition, the residential-only indoor fitness area and spa are located along East Boynton Beach Boulevard, providing active uses along this portion of the right-of- way. The project also has been designed with a smaller private plaza, seperated from the northern public plaza with a wall. This smaller private plaza will contain a water feature in addition to tables and chairs for residents and guests. The developer is working with 9 Page 15 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 10 Palm Tran of Palm Beach County to locate and create a new transit shelter on site (Exhibit C — Conditions of Approval), and is conditioned to be designed utilizing some of the architectural characteristics of this project. Design: The intended architectural style for the project is modern, using geometric shapes and material changes to provide articulation and visual interest. The project's materials include concrete painted bright colors, clear glass at the ground floor commercial level, tile- wood finish along the base of the building, and perforated metal balcony railings. 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's mass along East Ocean Avenue and North Federal Highway is broken up by the presence of pedestrian plazas which reduce the perceived mass of the building. The project has been conditioned to provide the discrete base design feature currently present on the North Federal Highway fagade also on East Boynton Beach Boulevard and East Ocean Avenue, in an effort to break up the building's design and provide more visual interest. In addition, the project has been conditioned to provide more architectural features on the facades of the building closest to North Federal Highway and East Boynton Beach Boulevard so that these portions of the building architecturally read as the front of the building (Exhibit C — Conditions of Approval). Sustainability: Mixed-use developments must achieve a minimum of 25 sustainability points (see Exhibit C — Conditions of Approval). The development would satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non-roof impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 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 10 Page 16 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 11 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances -All appliance with in a building are 100% energy star. 2 RECYCLE & WASTE REDUCTION Recycle Station/Dumpster Area - Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Minimum Open Space - Provision of usable common open space in excess of code requirements by up to 20%. 4 TRANSPORTATION Parking Structure - At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Car Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheet C11.00) include 29 freestanding light pole fixtures, with varying pole heights. The light poles proposed along North Federal Highway has been conditioned to have a height of 37 feet and be of a design acceptable to the Engineering department. The light poles proposed along East Ocean Avenue, East Boynton Beach Boulevard, and NE 6t" Court, have been conditioned to be 20' in height and be of a design acceptable to the Engineering department (see Exhibit C — Conditions of Approval). Light poles located within the interior of the site will have a mounting height of 20'. 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 C — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and 11 Page 17 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 12 the applicant has identified a location for a sculpture at the intersection of Federal Highway and Ocean Avenue. The public art fee has been identified as $1 million, and the budget for the art component of the project is $700,000. RECOMMENDATION Staff has reviewed this request for a Major Master Plan Modification and Major Site Plan Modification, and recommends APPROVAL subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit C — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 12 Page 18 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 13 \\Fps\ma in\S H RDATA\Pla nni ng\S HARE D\WP\PROJ ECTS\Ocean One\MSPM 23-003-MPMD 23-002\Staff Report\MSPM\Staff_Report=_MSPM_-_Ocean_One_JEK.docx 13 Page 19 of 232 EXHIBIT "A" SITE LOCATION MAP t � NE 3rd Ave On r a � r i�. S£ti1S11ti11))" ii511Stt2 2 nC�Ave Boynton Beach Blvdt, p))!fir t�s�)i - t 1 tttr , `Fj �i�'}` t ,, r. AN t M � ` f'�➢1 H Y r)�sr S r k�r � � n s +'ifii a`rkzz�)tlV1A\t,NEiStAve ,.=`- '` LL - } 17,r+( ilir„ �tit' rtl�{rft . } t ! 1 `Je it dlfiT d9i i s t t� 11 LU �il SE 1st Ave } wn� 0 20 40 60 120 160 Feet Source:Palm Beach County GIS Digital Data 2006-2015 " Copyright Palm Beach County Florida 2006-2015 All rights reserved-�jeect toga I jbcee yr2nt Gary Dunay Hope Cathoun NicoEe Jaeger Donnie M isket Dwayne Dickerson David F.Mtittedge 110 MISKEL Scott Backman Fle iachariades Jeffrey Schneider Eric Coffman Matthew H.Scott Kristen Weiss BACKMANt.ni' Christina Bitenki Sara Thompson Hyperion—Boynton Beach Statement of Use and Justification for Community Design Appeal for Boynton Beach Boulevard Garage Facade Submitted: November 2,2022 Resubmitted:January 17,2023 BBI Development, LLC("Petitioner") is the owner of a+/-3.71 acre assemblage of two(2) parcels located at 114 N Federal Highway(PCN:08-43-45-27-01-000-0410)and 222 N Federal Highway(PCN:("Property"), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU-C, Mixed Use—Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit-Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU-H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; • Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6" Court, between Boynton Beach Boulevard and Ocean Avenue; • Development Order for Major Site Plan Approval (NWSP 16-002) for a multi-family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and • Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section S.C., "Build-to-line", which requires buildings to be constructed with a build-to-line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 5.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel: 15611405-3300 ! Fax: [561)409-2341 www.dmbb1.aw,corn Page 21 of 232 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above,the integrated parking garage has been redesigned in order to accommodate all required parking to ensure that no viewsheds provide sightlines to exposed surface parking areas, and instead provides a view to the attractive building facades, and lushly landscaped open spaces. The reorientation of the parking garage results in the mechanical/electrical/plumbing back-of-house areas being placed along the east parking garage fagade along NE 6th Court without a habitable space liner, and significant recreational amenities being placed along the north parking garage fagade without a habitable space lined. Part III, Chapter 4, Article III, Section 6.F.2.d of the City's LDRs requires that habitable floor area must wrap all upper-levels of the parking structure where an integrated parking structure has frontage along a public right-of-way with the intent to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along a minimal portion of the north garage fagade adjacent to recreational amenities along Boynton Beach Boulevard where the building is set back from the street, there is minimal street level activity, and passerby traffic does not exist as the road dead-ends immediately to the east is not feasible without Page 2 of 9 Page 22 of 232 compromising the Project's ability to provide high quality recreational amenities such as a resort style pool and pickle ball court. As such, Petitioner proposes alternative architectural fagade treatments as shown in the excerpts from the architectural elevations provided below, including English Ivy (Hedera Helix) that will create an attractive green wall over this portion of the parking structure. Further, a full Pedestrian Zone with a tree planting area, 10' wide sidewalk and 8' active area are provided along this frontage to create additional screening and ensure a pleasant street-level environment for any pedestrians. Six (6) Royal Palms (Roystonea Regia) have also been added to provide tiered landscaping that grow above the shade trees to provide further screening of the wall, making it barely visible, if at all, from the pedestrian level. NORTH FACADE TREATMENT , re { l0,OMLL SW 7846 p �I I I STUCCO-PAIINT � I I S`f4kGC.L`�t RA@PUS STUCCO?s PAINT METAL MESH EGRET's+RITE SW75 D, W I HIGH REFLECTIVE WHrrE f T3�, LIGHT GRAY PERFORATED METAL yyy S'Y'7757 TE TET GLASS "�,. PAINT OKAY � Eli 77 t7� ti ' ME 1 tIrTJ r_1 '-I T171 yl I ,� In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide high-quality architectural fagade treatment to screen and disguise the garage while also providing for a pleasant pedestrian experience at the street level: Relief from Part 111, Chapter 4, Article 111, Section 6.F.2.d to provide alternative design elements and faVade treatment to shield the north facades of the integrated parking garage that fronts Boynton Beach Boulevard in lieu of wrapping this portion of the faVode with habitable floor area. ("Parking Garage CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA Page 3 of 9 Page 23 of 232 In accordance with the review criteria of Chapter 2, Article 11, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that each Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) 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) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f)will not have an adverse impact on property values of abutting or adjacent land; (g)will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed-Use High. Per the City's Comprehensive Plan,the MX-H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development,safe and pedestrian friendly streets, and provide for transportation choices. The MX-H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher-density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief is required to provide more appropriate architectural fagade treatment for the portion of the integrated parking garage fagade that fronts the eastern portion of Boynton Beach Boulevard just before the road dead-ends at the Intracoastal Waterway. The portion of Boynton Beach Boulevard that is subject to this request serves as the private recreational uses located within the Project. Considering that the road ends immediately east of the Property,there is not a high level of pedestrian activity in this area and commercial ground floor uses located in this area are not likely to be viable. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d—The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian-friendly streets and Page 4 of 9 Page 24 of 232 transportation choices — Approval of the requested Community Design Appeal will allow development of the project,which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along Boynton Beach Boulevard than was contemplated under the Original Approval. • Objective 1.7 —The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3—The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on-street parking; bus stops and transit enhancements; widening sidewalk. -The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists —A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Parking Garage CDA is consistent with the City's 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. Approval of the requested Parking Garage CDA will not significantly detract from the livability or appearance of the City the intent to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along portion of the garage fagade adjacent to the end of the road where street level activity and passerby traffic does not exist would not serve any beneficial purpose. As such, Petitioner proposes alternative architectural fagade treatments to meet the intent of the LDRs, including English Ivy (Hedera Helix)that will create an attractive green wall over this portion of the parking structure. Further, Page 5 of 9 Page 25 of 232 a full Pedestrian Zone with a tree planting area, 10' wide sidewalk and 8' active area are provided along this frontage to create additional screening and ensure a pleasant street-level environment for any pedestrians. Six (6) Royal Palms (Roystonea Regia) have also been added to provide tiered landscaping that grow above the shade trees to provide further screening of the wall, making it barely visible, if at all, from the pedestrian level. Further, approval of the requested Parking Garage CDA is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground-floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts area also intended to support transit ridership, and in particular the development of transit-oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again,there is an emphasis of high density development for this overlay district which includes the Property. Approval of the requested Parking Garage CDA will allow for the higher density development encouraged by such provisions in the City's LDRs. As such, approval of the Parking Garage CDA will not detract from the livability or appearance of the City, and is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is 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. Approval of the requested Parking Garage CDA is consistent with the purpose of this provision. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic.The alternative architectural fagade treatments proposed (a green wall comprised of English Ivy and added tiered landscaping with Royal Palms that will grow taller than the proposed shade trees to provide a tiered screening effect) meet the intent of the LDRs. The proposed architectural treatment, in combination with the proposed recreational amenities and Pedestrian Zone meets the purpose of the standard. Page 6 of 9 Page 26 of 232 (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property,2) location of existing structures and infrastructure improvements; and 3)size, age, health and species of trees sought to be protected. Approval of the requested Parking Garage CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. In addition six(6) Royal Palms are proposed in this immediate area in order to provide a tiered landscape screen with the palms growing taller than the shade trees proposed for the Project. This specific request relates to habitable space along the garage and is required to provide world class recreational amenities for the residents. As noted above, the garage has been designed to with a living wall comprised of English Ivy that will complement the livable space in the associated residential building. As such, this criterion is not applicable to the Project. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Parking Garage CDA will not have an adverse environmental impact. Rather, approval of the requested Community Design Appeal will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 39.25% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Parking Garage CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Parking Garage CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. Page 7 of 9 Page 27 of 232 (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Parking Garage CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the requirement to provide habitable space wrapping the portion of the integrated parking garage that fronts Boynton Beach Boulevard. Approval of the requested Parking Garage CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 39.25% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Parking Garage CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or 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. Approval of the requested Parking Garage CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the requirement to wrap a minimal portion of the integrated parking garage with habitable space in order to be able to develop the project and further these objectives. Approval of this request is necessary to redevelop this underdevelopment aggregation of parcels with the vertically integrated mixed-use project,which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (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 intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the integrated parking garage and create continuity in street-level activity by maintaining interest Page 8 of 9 Page 28 of 232 for pedestrians and passing automobile traffic. Habitable space along the Boynton Beach Boulevard frontage immediately before it dead-ends at the Intracoastal Waterway, where street level activity and passerby traffic does not exist, does not provide a beneficial purpose. As such, Petitioner proposes an alternative living wall to meet the intent of the LDRs, including English Ivy (Hedera Helix) that will create an attractive green wall over this portion of the parking structure. Further, a full Pedestrian Zone with a tree planting area, 10' wide sidewalk and 8' active area are provided along this frontage to create additional screening and ensure a pleasant street-level environment for any pedestrians. Six (6) Royal Palms (Roystonea Regia) have also been added to provide tiered landscaping that grow above the shade trees to provide further screening of the wall, making it barely visible, if at all, from the pedestrian level. The project is designed to comply with all other site development standards and requirements. As such, the requested Parking Garage CDA complies with this criterion. Page 9 of 9 Page 29 of 232 Gary Dunay Hope Cathoun NicoEe Jaeger Donnie M isket Dwayne Dickerson David F.Mtittedge 110 MISKEL Scott Backman Fle iachariades Jeffrey Schneider Eric Coffman Matthew H.Scott Kristen Weiss BACKMANt.ni' Christina Bitenki Sara Thompson Hyperion—Boynton Beach Statement of Use and Justification for Community Design Appeal for NE 6th Court Garage Facade Submitted: November 2,2022 Resubmitted:January 17,2023 BBI Development, LLC("Petitioner") is the owner of a+/-3.71 acre assemblage of two(2) parcels located at 114 N Federal Highway(PCN:08-43-45-27-01-000-0410)and 222 N Federal Highway(PCN:("Property"), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU-C, Mixed Use—Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit-Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU-H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; • Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6" Court, between Boynton Beach Boulevard and Ocean Avenue; • Development Order for Major Site Plan Approval (NWSP 16-002) for a multi-family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and • Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section S.C., "Build-to-line", which requires buildings to be constructed with a build-to-line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 5.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel: 15611405-3300 ! Fax: [561)409-2341 www.dmbb1.aw,corn Page 30 of 232 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above,the integrated parking garage has been redesigned in order to accommodate all required parking to ensure that no viewsheds provide sightlines to exposed surface parking areas, and instead provides a view to the attractive building facades, and lushly landscaped open spaces. The reorientation of the parking garage results in the mechanical/electrical/plumbing back-of-house areas being placed along the east parking garage fagade along NE 6th Court without a habitable space liner. Part III, Chapter 4,Article III,Section 6.F.2.d of the City's LDRs requires that habitable floor area must wrap all upper-levels of the parking structure where an integrated parking structure has frontage along a public right-of-way with the intent to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along a minimal portion of the east garage fagade adjacent to back-of-house and parking areas along NE 6th Court where there is minimal street level activity and passerby traffic does not exist is not feasible without compromising the Project's ability to provide high quality urban plazas along the active property frontages. As such, Petitioner proposes alternative architectural fagade treatments as shown in the excerpts from the architectural elevations provided below, including painted relief and reveals and perforated metal panels that provide the Page 2 of 8 Page 31 of 232 appearance of window fenestration, architectural articulation through recesses, projections, and variations in roofline. Further, a full Pedestrian Zone with a tree planting area, 10' wide sidewalk and 8' active area are provided along this frontage to create additional screening and ensure a pleasant street- level environment for any pedestrians. EAST FACADE TREATMENT k �` S UCCC+PNN3 HT GNNY 5 vJtGO*FA NT STUGGO+T MY WRAY LG1tTGNgY HIgy RE�ECTNE NlHITE TIMED GLdSS NTEOGU55 GYGEPSPAGEWMY � PF NPEb - egg � S yy� VE S f v. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide high-quality architectural fagade treatment to screen and disguise the garage while also providing for a pleasant pedestrian experience at the street level: Relief from Part 111, Chapter 4, Article 111, Section 6.F.2.d to provide alternative design elements and JdVode treatment to shield the east facades of the integrated parking garage that fronts NE 6th Court in lieu of wrapping this portion of the favade with habitable floor area. ("Parking Garage CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that each Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) 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) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f)will not have an adverse impact on property values of abutting or adjacent land; (g)will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. Page 3 of 8 Page 32 of 232 As noted above, the Property has a future land use designation of Mixed-Use High. Per the City's Comprehensive Plan,the MX-H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX-H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher-density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief is required to provide more appropriate architectural fagade treatment for the portion of the integrated parking garage fagade that fronts NE 6th Court. The portion of NE 6th Court that is subject to this request serves as the entry for back-of-house parking areas for the small scale retail uses located within the Project. As such, there is not a high level of pedestrian activity in this area and ground floor uses located in this area are not likely to be viable. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d—The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian-friendly streets and transportation choices — Approval of the requested Community Design Appeal will allow development of the project,which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along NE 6th Court than was contemplated under the Original Approval. • Objective 1.7 —The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3—The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. Page 4 of 8 Page 33 of 232 • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on-street parking; bus stops and transit enhancements; widening sidewalk. -The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists —A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Parking Garage CDA is consistent with the City's 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. Approval of the requested Parking Garage CDA will not significantly detract from the livability or appearance of the City the intent to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic.The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along portion of the garage fagade adjacent to back-of-house and parking areas where street level activity and passerby traffic does not exist would not serve any beneficial purpose. As such, Petitioner proposes alternative architectural fagade treatments to meet the intent of the LDRs, including painted relief and reveals along with perforated metal panels that provide the appearance of window fenestration, and architectural articulation through recesses, projections, and variations in roofline. Further, a Pedestrian Zone streetscape comprised of a 5' wide street tree area, a 10' wide sidewalk, and 8' active area is proposed along the garage frontage along NE 6th Court that will provide additional screening and ensure a pleasant street-level environment for any pedestrians. Further, approval of the requested Parking Garage CDA is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground-floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts area Page 5 of 8 Page 34 of 232 also intended to support transit ridership, and in particular the development of transit-oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again,there is an emphasis of high density development for this overlay district which includes the Property. Approval of the requested Parking Garage CDA will allow for the higher density development encouraged by such provisions in the City's LDRs. As such, approval of the Parking Garage CDA will not detract from the livability or appearance of the City, and is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is 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. Approval of the requested Parking Garage CDA is consistent with the purpose of this provision. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic.The alternative architectural fagade treatments proposed (painted relief and reveals and perforated metal panels that provide the appearance of window fenestration, and architectural articulation through recesses, projections, and variations in roofline) meet the intent of the LDRs.The proposed architectural treatment, in combination with the proposed Pedestrian Zone meets the purpose of the standard. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property,2) location of existing structures and infrastructure improvements; and 3)size, age, health and species of trees sought to be protected. Approval of the requested Parking Garage CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to habitable space along the garage and is required to provide a safe and functioning garage facility. As noted above,the garage has been designed to continue the appearance of the livable space in the associated residential building. As such, this criterion is not applicable to the Project. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Page 6 of 8 Page 35 of 232 Approval of the requested Parking Garage CDA will not have an adverse environmental impact. Rather, approval of the requested Community Design Appeal will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 39.25% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Parking Garage CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Parking Garage CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Parking Garage CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the requirement to provide habitable space wrapping the portion of the integrated parking garage that fronts NE 6th Court. Approval of the requested Parking Garage CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification,which is designed to provide 39.25%usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Parking Garage CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or 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. Page 7 of 8 Page 36 of 232 Approval of the requested Parking Garage CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the requirement to wrap a minimal portion of the integrated parking garage with habitable space in order to be able to develop the project and further these objectives. Approval of this request is necessary to redevelop this underdevelopment aggregation of parcels with the vertically integrated mixed-use project,which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (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 intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the integrated parking garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along the NE 6th Court garage fagade adjacent to back-of-house and parking areas where street level activity and passerby traffic does not exist does not provide a beneficial purpose. As such, Petitioner proposes alternative architectural fagade treatments to meet the intent of the LDRs, including painted relief and reveals and perforated metal panels that provide the appearance of window fenestration, and architectural articulation through recesses, projections, and variations in roofline. Further, a Pedestrian Zone is provided adjacent to this frontage that will provide additional screening and ensure a pleasant street- level environment for any pedestrians. The project is designed to comply with all other site development standards and requirements.As such,the requested Parking Garage CDA complies with this criterion. Page 8 of 8 Page 37 of 232 Gary Dunay Hope Cathoun NicoEe Jaeger Donnie M isket Dwayne Dickerson David F.Mtittedge 110 MISKEL Scott Backman Fle iachariades Jeffrey Schneider Eric Coffman Matthew H.Scott Kristen Weiss BACKMANt.ni' Christina Bitenki Sara Thompson Hyperion—Boynton Beach Statement of Use and Justification for Community Design Appeal for Federal Highway Build-To Line Submitted: November 2,2022 Resubmitted:January 17,2023 BBI Development, LLC("Petitioner") is the owner of a+/-3.71 acre assemblage of two(2) parcels located at 114 N Federal Highway(PCN:08-43-45-27-01-000-0410)and 222 N Federal Highway(PCN:("Property"), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU-C, Mixed Use—Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit-Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU-H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; • Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6" Court, between Boynton Beach Boulevard and Ocean Avenue; • Development Order for Major Site Plan Approval (NWSP 16-002) for a multi-family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and • Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section S.C., "Build-to-line", which requires buildings to be constructed with a build-to-line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 5.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel: 15611405-3300 ! Fax: [561)409-2341 www.dmbb1.aw,corn Page 38 of 232 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the building is designed to create and accentuate urban pedestrian connections/streetscape, public plazas, open spaces, and active private residential amenities. The City's Land Development Regulations ("LDRs") Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 requires a build-to line along Ocean Avenue, Federal Highway, and Boynton Beach Boulevard of zero feet (0') from the property line, except in conjunction with providing required visibility at intersections, driveways;open spaces and public plazas;or when additional setback is necessary to provide for required Pedestrian Zone(PZ),and a zero foot(0')build-to line along NE 6th Court.The Project is designed to provide a Pedestrian Zone comprised of a 5' wide tree planting area, 10' wide sidewalk, and 8' active area along all project frontages in order to create a well-connected pedestrian experience of the highest quality possible, though the Pedestrian Zone is not specifically required along NE 6th Court. In addition to the Pedestrian Zone provided, the building is designed with more substantial setbacks at strategic locations to create public plazas,open spaces,and private recreation areas. The building placement and orientation required to create these Pedestrian Zones and the significant usable public plazas, open spaces, and residential amenities proposed creates setbacks in excess of fifteen (15') along Ocean Avenue, Federal Highway, Boynton Beach Boulevard, and NE 6th Court. LDR Chapter 3, Article III, Section 5.C.2. allows Page 2 of 9 Page 39 of 232 deviations from the build-to line requirements in excess of fifteen feet (15') upon the approval of a Community Design Appeal application. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide urban open spaces along the City's public rights-of-way and utilize alternative design elements and high-quality architectural fagade treatment to screen and disguise the garage while also providing for a pleasant pedestrian experience at the street level: Relief from Part 111,Chapter 3,Article 111,Section S.C.1, Table 3-22,Footnote 7 to provide a Build-To Line of 17'-S"to W-4"along Federal Highway in lieu of a 0'Build-To Line ("Federal Highway CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article 11, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that the Community Design Appeal:(a)is consistent with the Comprehensive Plan, (b) 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) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed-Use High. Per the City's Comprehensive Plan,the MX-H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development,safe and pedestrian friendly streets, and provide for transportation choices. The MX-H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher-density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief to provide a setback of 17'-5"to 99'-4" is required to provide a larger pedestrian promenade along Federal Highway, create public plazas, and provide an active plaza amenity in the central portion of the Property, as shown in the excerpt from the illustrative site plan below. Page 3 of 9 Page 40 of 232 NORTH FFDFRAI H1qHWAr4 arow E+aeR tp u u Federal Highway is a heavily trafficked arterial thoroughfare along which a comfortable pedestrian experience cannot be created without wider sidewalks, and places of refuge such as public plazas. The proposed design of the Project provides a more expansive pedestrian area along Federal Highway to create an active and comfortable pedestrian environment that allows for greater interaction with the proposed commercial uses. The provision of a public plaza nestled into the northern portion of the building,along with a plaza in the central portion of the frontage and an art plaza at the southwest corner of the Property further activates the street while providing a mix of uses and opportunities for light and air at the ground level. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d—The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian-friendly streets and transportation choices—Approval of the requested Federal Highway CDA will allow development of the Project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along Federal Highway than was contemplated under the Original Approval. • Objective 1.7 —The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. Page 4 of 9 Page 41 of 232 • Policy 1.7.3—The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on-street parking; bus stops and transit enhancements; widening sidewalk. -The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists —A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Federal Highway CDA is consistent with the City's 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. Approval of the requested Federal Highway CDA will not significantly detract from the livability or appearance of the City. The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The Code provides for major variations to build-to-line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas,and open spaces. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, public plazas, and residential recreational amenities to create a comfortable pedestrian environment, promote pedestrian activity, and promote a variety of active uses along Federal Highway. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be placed between 17'-5" to 99'-4" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further,the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above,the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit- Page 5 of 9 Page 42 of 232 supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground-floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts are also intended to support transit ridership, and in particular the development of transit-oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again,there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations while creating a walkable streetscape, creating places of refuge for pedestrians, and providing the necessary recreational amenities to provide a high quality of life and ensure light and air at the ground level. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is 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. Approval of the requested Federal Highway CDA is consistent with the purpose of this provision. The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The Code provides for major variations to build-to-line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public plazas and open space. Petitioner is requesting relief from the build-to-line requirements in order to provide wider sidewalks to promote pedestrian activity along Federal Highway and create public plazas. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 17'-5" to 99'-4" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the Project will redevelop this vacant lot with highly amenitized residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development existing or proposed to the north, south, east and west, as well as the commercial redevelopment in the area. In addition,the Property location provides access to adjacent municipalities due to its proximity to both the Federal Highway thoroughfare, I-95 and the Page 6 of 9 Page 43 of 232 future transit station, making it an ideal location for residential development as individuals can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property,2) location of existing structures and infrastructure improvements; and 3)size, age, health and species of trees sought to be protected. Approval of the requested Federal Highway CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to relief to allow expanded pedestrian areas, public plazas, and recreational amenities,thus increasing open space and available tree planting area. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Federal Highway CDA will not have an adverse environmental impact. Rather,approval of the requested Federal Highway CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Federal Highway CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Federal Highway CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density and lodging to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. Page 7 of 9 Page 44 of 232 (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Federal Highway CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, public plazas, and larger recreational open spaces to promote pedestrian activity and integration of the streetscape with the active uses along Federal Highway. Further,the sidewalks will be buffered from the street through tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located between 17'-5"to 99'-4"from the property line in order to create such an environment.This enhanced pedestrian realm and increased open space will act to improve the quality and quantity of light and air available to adjacent properties. Further, approval of the requested Federal Highway CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Federal Highway CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or 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. Approval of the requested Federal Highway CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component an coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, public plazas, and recreational open space to promote pedestrian activity and integration of the open spaces with the active uses along Federal Highway and further these objectives. The sidewalks will be buffered from the street through a tree planting area in order to create a comfortable pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located 17'-5"to 99'-4" from the property line in order to create such an environment. Approval of this request is necessary to redevelop this underdeveloped aggregation of parcels with the vertically integrated mixed-use project,which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible Page 8 of 9 Page 45 of 232 with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (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 build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The LDRs provide for major variations to build-to-line requirements through the approval of a Community Design Appeal Application where portions of buildings are proposed in excess of the distance specified in order to enhance sidewalks, public plazas, or open spaces. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, public plazas, and residential recreational amenities to promote pedestrian activity and integration with the active uses along Federal Highway. Further, the sidewalks will be buffered from the street through a tree planting area in order to create an enjoyable pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 17'-5"to 99'-4" from the property line in order to create such an environment. The project is designed to comply with all other site development standards and requirements. As such, the requested Federal Highway CDA complies with this criterion. Page 9 of 9 Page 46 of 232 Gary Dunay Hope Cathoun NicoEe Jaeger Donnie M isket Dwayne Dickerson David F.Mtittedge 110 MISKEL Scott Backman Fle iachariades Jeffrey Schneider Eric Coffman Matthew H.Scott Kristen Weiss BACKMANt.ni' Christina Bitenki Sara Thompson Hyperion—Boynton Beach Statement of Use and Justification for Community Design Appeal for Boynton Beach Boulevard Build-To Line Submitted: November 2,2022 Resubmitted:January 17,2023 BBI Development, LLC("Petitioner") is the owner of a+/-3.71 acre assemblage of two(2) parcels located at 114 N Federal Highway(PCN:08-43-45-27-01-000-0410)and 222 N Federal Highway(PCN:("Property"), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU-C, Mixed Use—Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit-Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU-H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; • Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6" Court, between Boynton Beach Boulevard and Ocean Avenue; • Development Order for Major Site Plan Approval (NWSP 16-002) for a multi-family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and • Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section S.C., "Build-to-line", which requires buildings to be constructed with a build-to-line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 5.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel: 15611405-3300 ! Fax: [561)409-2341 www.dmbb1.aw,corn Page 47 of 232 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the building is designed to create and accentuate urban pedestrian connections/streetscape, public plazas, open spaces, and active private residential amenities. The City's Land Development Regulations ("LDRs") Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 requires a build-to line along Ocean Avenue, Federal Highway, and Boynton Beach Boulevard of zero feet (0') from the property line, except in conjunction with providing required visibility at intersections, driveways;open spaces and public plazas;or when additional setback is necessary to provide for required Pedestrian Zone(PZ),and a zero foot(0')build-to line along NE 6th Court.The Project is designed to provide a Pedestrian Zone comprised of a 5' wide tree planting area, 10' wide sidewalk, and 8' active area along all project frontages in order to create a well-connected pedestrian experience of the highest quality possible, though the Pedestrian Zone is not specifically required along NE 6th Court. In addition to the Pedestrian Zone provided, the building is designed with more substantial setbacks at strategic locations to create public plazas,open spaces,and private recreation areas. The building placement and orientation required to create these Pedestrian Zones and the significant usable public plazas, open spaces, and Page 2 of 9 Page 48 of 232 residential amenities proposed creates setbacks in excess of fifteen (15') along Ocean Avenue, Federal Highway, Boynton Beach Boulevard, and NE 6th Court. LDR Chapter 3, Article III, Section 5.C.2. allows deviations from the build-to line requirements in excess of fifteen feet (15') upon the approval of a Community Design Appeal application. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide urban open spaces along the City's public rights-of-way and create a pleasant pedestrian experience at the street level: Relief from Part 111,Chapter 3,Article 111,Section S.C.1, Table 3-22,Footnote 7 to provide a Build-To Line of 30'-S"to 191'-4"along Boynton Beach Boulevard in lieu of a 0'Build- To Line("Boynton Beach Boulevard CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that the Community Design Appeal:(a)is consistent with the Comprehensive Plan, (b) 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) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed-Use High. Per the City's Comprehensive Plan,the MX-H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development,safe and pedestrian friendly streets, and provide for transportation choices. The MX-H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher-density residential development clearly contemplated in the City's Comprehensive Plan. Page 3 of 9 Page 49 of 232 The requested relief to provide a setback of 30'-5"to 191'-4"is required to provide a larger pedestrian promenade along East Boynton Beach Boulevard and create an active recreational amenity in the eastern portion of the Property, as shown in the excerpt from the illustrative site plan below. t3rh78 HDV38 NO-LIVA08 fy 1 14S`r; 01, fi � �00� 7 1S I' AW i r 71s �,2,1',33ti 'Mit 1 it Srt t I 51) East of Federal Highway, Boynton Beach Boulevard becomes a local road servicing only a handful of properties. The proposed design of the Project provides a more expansive pedestrian area along Boynton Beach Boulevard to create an active pedestrian environment that allows for greater interaction with the proposed commercial uses.The provision of an active residential amenity at the northeast corner further activates the street while also providing for light and air at the ground level. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d—The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian-friendly streets and transportation choices — Approval of the requested Community Design Appeal will allow development of the project,which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along Boynton Beach Boulevard than was contemplated under the Original Approval. Page 4 of 9 Page 50 of 232 • Objective 1.7 —The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3—The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on-street parking; bus stops and transit enhancements; widening sidewalk. -The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists —A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing,approval of the requested Boynton Beach Boulevard CDA is consistent with the City's 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. Approval of the requested Boynton Beach Boulevard CDA will not significantly detract from the livability or appearance of the City.The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The Code provides for major variations to build-to-line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas,and open spaces. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, plazas and residential recreational amenities to promote pedestrian activity and create active uses along East Boynton Beach Boulevard. Further,the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building 30'-5" to 191'-4" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Page 5 of 9 Page 51 of 232 Further,the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above,the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit- supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground-floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts are also intended to support transit ridership, and in particular the development of transit-oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations while creating a walkable streetscape and providing the necessary recreational amenities to provide a high quality of life and ensure light and air at the ground level.As such,the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is 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. Approval of the requested Boynton Beach Boulevard CDA is consistent with the purpose of this provision. The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The Code provides for major variations to build-to-line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public plazas and open space. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks to promote pedestrian activity along East Boynton Beach Boulevard and to provide active recreational amenities at the northeast corner of the Property. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 30'-5" to 191'-4" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Page 6 of 9 Page 52 of 232 Further, the Project will redevelop this vacant lot with highly amenitized residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development existing or proposed to the north, south, east and west, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities due to its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individuals can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property,2) location of existing structures and infrastructure improvements; and 3)size, age, health and species of trees sought to be protected. Approval of the requested Boynton Beach Boulevard CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to relief to allow expanded pedestrian areas and recreational amenities, thus increasing open space and available tree planting area. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Boynton Beach Boulevard CDA will not have an adverse environmental impact. Rather, approval of the requested Boynton Beach Boulevard CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification,which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval.Considering that approval of the Boynton Beach Boulevard CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Boynton Beach Boulevard CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future Page 7 of 9 Page 53 of 232 transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density and lodging to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Boynton Beach Boulevard CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, and larger recreational open spaces to promote pedestrian activity and active uses along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located between 30'-5"to 191'- 4" from the property line in order to create such an environment. This enhanced pedestrian realm and increased open space will act to improve the quality and quantity of light and air available to adjacent properties. Further, approval of the requested Boynton Beach Boulevard CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Boynton Beach Boulevard CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or 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. Approval of the requested Boynton Beach Boulevard CDA is necessary to further the City's objectives to assist with economic development and business promotion.As noted above,the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component an coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, and recreational open space to promote pedestrian activity and active use along East Boynton Beach Boulevard and further these objectives. The sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along Page 8 of 9 Page 54 of 232 this frontage. Petitioner is proposing relief to allow the building to be located 30'-5" to 191'-4" from the property line in order to create such an environment. Approval of this request is necessary to redevelop this underdeveloped aggregation of parcels with the vertically integrated mixed-use project,which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (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 build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The LDRs provide for major variations to build-to-line requirements through the approval of a Community Design Appeal Application where portions of buildings are proposed in excess of the distance specified in order to enhance sidewalks, public plazas, or open spaces. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, and residential recreational amenities to promote pedestrian activity and active use along East Boynton Beach Boulevard. Further,the sidewalks will be buffered from the street through a tree planting area in order to create an enjoyable pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 30'-5" to 191'-4" from the property line in order to create such an environment. The project is designed to comply with all other site development standards and requirements.As such,the requested Boynton Beach Boulevard CDA complies with this criterion. this criterion. Page 9 of 9 Page 55 of 232 Gary Dunay Hope Cathoun NicoEe Jaeger Donnie M isket Dwayne Dickerson David F.Mtittedge 110 MISKEL Scott Backman Fle iachariades Jeffrey Schneider Eric Coffman Matthew H.Scott Kristen Weiss BACKMANt.ni' Christina Bitenki Sara Thompson Hyperion—Boynton Beach Statement of Use and Justification for Community Design Appeal for NE 6th Court Build-To Line Submitted: November 2,2022 Resubmitted:January 17,2023 BBI Development, LLC("Petitioner") is the owner of a+/-3.71 acre assemblage of two(2) parcels located at 114 N Federal Highway(PCN:08-43-45-27-01-000-0410)and 222 N Federal Highway(PCN:("Property"), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU-C, Mixed Use—Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit-Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU-H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; • Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6" Court, between Boynton Beach Boulevard and Ocean Avenue; • Development Order for Major Site Plan Approval (NWSP 16-002) for a multi-family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and • Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section S.C., "Build-to-line", which requires buildings to be constructed with a build-to-line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 5.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel: 15611405-3300 ! Fax: [561)409-2341 www.dmbb1.aw,corn Page 56 of 232 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the building is designed to create and accentuate urban pedestrian connections/streetscape, public plazas, open spaces, and active private residential amenities. The City's Land Development Regulations ("LDRs") Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 requires a build-to line along Ocean Avenue, Federal Highway, and Boynton Beach Boulevard of zero feet (0') from the property line, except in conjunction with providing required visibility at intersections, driveways;open spaces and public plazas;or when additional setback is necessary to provide for required Pedestrian Zone(PZ),and a zero foot(0')build-to line along NE 6th Court.The Project is designed to provide a Pedestrian Zone comprised of a 5' wide tree planting area, 10' wide sidewalk, and 8' active area along all project frontages in order to create a well-connected pedestrian experience of the highest quality possible, though the Pedestrian Zone is not specifically required along NE 6th Court. In addition to the Pedestrian Zone provided, the building is designed with more substantial setbacks at strategic locations to create public plazas,open spaces,and private recreation areas. The building placement and orientation required to create these Pedestrian Zones and the significant usable public plazas, open spaces, and residential amenities proposed creates setbacks in excess of fifteen (15') along Ocean Avenue, Federal Highway, Boynton Beach Boulevard, and NE 6th Court. LDR Chapter 3, Article III, Section 5.C.2. allows Page 2 of 9 Page 57 of 232 deviations from the build-to line requirements in excess of fifteen feet (15') upon the approval of a Community Design Appeal application. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide urban open spaces along the City's public rights-of-way and create a pleasant pedestrian experience at the street level: Relief from Part 111,Chapter 3,Article 111,Section 5.C.1, Table 3-22,Footnote 7 to provide a Build-To Line of 12'-1"to 105'-5"along NE 6th Court in lieu of a 0'Build-To Line (""6th Court CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article 11, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that each Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) 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) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f)will not have an adverse impact on property values of abutting or adjacent land; (g)will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed-Use High. Per the City's Comprehensive Plan,the MX-H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development,safe and pedestrian friendly streets, and provide for transportation choices. The MX-H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher-density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief to provide a setback of 12'-1"to 105'-5"is required to provide a larger pedestrian promenade along NE 6th Court and create an active recreational amenity in the northeastern portion of the Property, as shown in the excerpt from the illustrative site plan below. Page 3 of 9 Page 58 of 232 i t Fe NE 6th Court is classified as a local street and not technically subject to the requirement to provide a Pedestrian Zone. Nevertheless, in order to provide the highest quality pedestrian experience possible and ensure that the City's pedestrian network is complete, Petitioner proposes to provide the same Pedestrian Zone along the majority o\f NE 6th Court as is provided along the City's arterial and collector streets. As such,the proposed design of the Project provides a more expansive pedestrian area along NE 6th Court to create an enjoyable pedestrian environment. The provision of an active residential amenity at the northeast corner further activates the street while also providing for light and air at the ground level. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d—The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian-friendly streets and transportation choices—Approval of the requested 6th Court CDA will allow development of the Project, which provide for compact development, pedestrian friendly streets, improved recreational amenities,and a higher quality view along NE 6th Court than was contemplated under the Original Approval. • Objective 1.7 —The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3—The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize Page 4 of 9 Page 59 of 232 personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on-street parking; bus stops and transit enhancements; widening sidewalk. -The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists —A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested 6th Court CDA is consistent with the City's 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. Approval of the requested 6th Court CDA will not significantly detract from the livability or appearance of the City.The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The Code provides for major variations to build-to-line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, and open spaces. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, and residential recreational amenities to promote pedestrian activity and create active uses along NE 6th Court. Further,the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be placed between 12'-1"to 105'-5" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3,Article III,Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further,the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above,the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment,allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit- supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground-floor retail component coincides with the goal contemplated by the TOD district. Page 5 of 9 Page 60 of 232 Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts are also intended to support transit ridership, and in particular the development of transit-oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again,there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations while creating a walkable streetscape and providing the necessary recreational amenities to provide a high quality of life and ensure light and air at the ground level.As such,the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is 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. Approval of the requested NE 6th Court CDA is consistent with the purpose of this provision. The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The Code provides for major variations to build-to-line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public plazas and open space. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks to promote pedestrian activity along NE 6th Court and to provide active recreational amenities at the northeast corner of the Property. Further,the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 12'-1" to 105'-5" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3,Article III,Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the Project will redevelop this vacant lot with highly amenitized residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development existing or proposed to the north, south, east and west, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities due to its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individuals can easily commute from home to work. Page 6 of 9 Page 61 of 232 (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property,2) location of existing structures and infrastructure improvements; and 3)size, age, health and species of trees sought to be protected. Approval of the requested 6th Court CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to relief to allow expanded pedestrian areas and recreational amenities, thus increasing open space and available tree planting area. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested 6th Court CDA will not have an adverse environmental impact. Rather, approval of the requested 6th Court CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the 6th Court CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested 6th Court CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density and lodging to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Page 7 of 9 Page 62 of 232 Approval of the requested 6th Court CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks,and larger recreational open spaces to promote pedestrian activity and active uses along NE 6th Court. Further, the sidewalks will be buffered from the street through tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located between 12'-1" to 105'-5" from the property line in order to create such an environment. This enhanced pedestrian realm and increased open space will act to improve the quality and quantity of light and air available to adjacent properties. Further, approval of the requested 6th Court CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the 6th Court CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or 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. Approval of the requested 6th Court CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component an coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, and recreational open space to promote pedestrian activity and active use along NE 6th Court and further these objectives. The sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located 12'-1" to 105'-5" from the property line in order to create such an environment. Approval of this request is necessary to redevelop this underdeveloped aggregation of parcels with the vertically integrated mixed-use project,which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. Page 8 of 9 Page 63 of 232 (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 build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The LDRs provide for major variations to build-to-line requirements through the approval of a Community Design Appeal Application where portions of buildings are proposed in excess of the distance specified in order to enhance sidewalks, public plazas, or open spaces. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, and residential recreational amenities to promote pedestrian activity and active use along NE 6th Court. Further,the sidewalks will be buffered from the street through a tree planting area in order to create an enjoyable pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 12'-1"to 105'-5"from the property line in order to create such an environment. The project is designed to comply with all other site development standards and requirements. As such,the requested 6th Court CDA complies with this criterion. Page 9 of 9 Page 64 of 232 Gary Dunay Hope Cathoun NicoEe Jaeger Donnie M isket Dwayne Dickerson David F.Mtittedge 110 MISKEL Scott Backman Fle iachariades Jeffrey Schneider Eric Coffman Matthew H.Scott Kristen Weiss BACKMANt.ni' Christina Bitenki Sara Thompson Hyperion—Boynton Beach Statement of Use and Justification for Community Design Appeal for Ocean Avenue Build-To Line Submitted: November 2,2022 Resubmitted:January 17,2023 BBI Development, LLC("Petitioner") is the owner of a+/-3.71 acre assemblage of two(2) parcels located at 114 N Federal Highway(PCN:08-43-45-27-01-000-0410)and 222 N Federal Highway(PCN:("Property"), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU-C, Mixed Use—Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit-Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU-H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; • Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6" Court, between Boynton Beach Boulevard and Ocean Avenue; • Development Order for Major Site Plan Approval (NWSP 16-002) for a multi-family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and • Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section S.C., "Build-to-line", which requires buildings to be constructed with a build-to-line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off-Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 5.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel: 15611405-3300 ! Fax: [561)409-2341 www.dmbb1.aw,corn Page 65 of 232 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the building is designed to create and accentuate urban pedestrian connections/streetscape, public plazas, open spaces, and active private residential amenities. The City's Land Development Regulations ("LDRs") Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 requires a build-to line along Ocean Avenue, Federal Highway, and Boynton Beach Boulevard of zero feet (0') from the property line, except in conjunction with providing required visibility at intersections, driveways;open spaces and public plazas;or when additional setback is necessary to provide for required Pedestrian Zone(PZ),and a zero foot(0')build-to line along NE 6th Court.The Project is designed to provide a Pedestrian Zone comprised of a 5' wide tree planting area, 10' wide sidewalk, and 8' active area along all project frontages in order to create a well-connected pedestrian experience of the highest quality possible, though the Pedestrian Zone is not specifically required along NE 6th Court. In addition to the Pedestrian Zone provided, the building is designed with more substantial setbacks at strategic locations to create public plazas,open spaces,and private recreation areas. The building placement and orientation required to create these Pedestrian Zones and the significant usable public plazas, open spaces, and Page 2 of 9 Page 66 of 232 residential amenities proposed creates setbacks in excess of fifteen (15') along Ocean Avenue, Federal Highway, Boynton Beach Boulevard, and NE 6th Court. LDR Chapter 3, Article III, Section 5.C.2. allows deviations from the build-to line requirements in excess of fifteen feet (15') upon the approval of a Community Design Appeal application. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide urban open spaces along the City's public rights-of-way and create a pleasant pedestrian experience at the street level: Relief from Part 111,Chapter 3,Article 111,Section S.C.1, Table 3-22,Footnote 7 to provide a Build-To Line of 21'-0"to 115'-S"along Ocean Avenue in lieu of a 0'Build-To Line Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that each Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) 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) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f)will not have an adverse impact on property values of abutting or adjacent land; (g)will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed-Use High. Per the City's Comprehensive Plan,the MX-H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development,safe and pedestrian friendly streets, and provide for transportation choices. The MX-H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher-density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief to provide a setback of 21'-0"to 115'-5"is required to provide a larger pedestrian promenade along Ocean Avenue and create public plazas in strategic locations to further activate and Page 3 of 9 Page 67 of 232 integrate the proposed ground floor commercial uses, as shown in the excerpt from the illustrative site plan below. 21 n, I � p ink 3nN3A V NV3DO u �ryYh,, Ocean Avenue is the downtown heart of the City and requires treatment through active, well programmed open spaces that integrate the commercial uses and the public realm. The proposed design of the Project provides a focal point for art at the intersection of Ocean Avenue and Federal Highway to create an iconic moment in the downtown core,which then leads into an expansive urban plaza that further activates the street while providing a mix of uses and opportunities for light and air at the ground level. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d—The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian-friendly streets and transportation choices—Approval of the requested Ocean Avenue CDA will allow development of the Project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along Ocean Avenue than was contemplated under the Original Approval. Page 4 of 9 Page 68 of 232 • Objective 1.7 —The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3—The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on-street parking; bus stops and transit enhancements; widening sidewalk. -The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists —A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Ocean Avenue CDA is consistent with the City's 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. Approval of the requested Ocean Avenue CDA will not significantly detract from the livability or appearance of the City. The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The Code provides for major variations to build-to-line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas,and open spaces. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, public plazas, and iconic moments to create a downtown pedestrian environment, promote pedestrian activity, and promote a variety of active uses along Ocean Avenue. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be placed between 21'-0" to 115'-5" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3,Article III,Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Page 5 of 9 Page 69 of 232 Further,the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above,the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment,allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit- supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground-floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts are also intended to support transit ridership, and in particular the development of transit-oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again,there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations while creating a walkable streetscape, creating iconic moments in the City's downtown, and providing the necessary integration of the public realm and commercial uses to provide a high quality of life and ensure light and air at the ground level. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is 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. Approval of the requested Ocean Avenue CDA is consistent with the purpose of this provision. The build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The Code provides for major variations to build-to-line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public plazas and open space. Petitioner is requesting relief from the build-to-line requirements in order to provide wider sidewalks to promote pedestrian activity along Ocean Avenue, create public plazas, and to provide iconic moments in the City's downtown. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 21'-0" to 115'-5" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3,Article III,Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Page 6 of 9 Page 70 of 232 Further, the Project will redevelop this vacant lot with highly amenitized residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development existing or proposed to the north, south, east and west, as well as the commercial redevelopment in the area. In addition,the Property location provides access to adjacent municipalities due to its proximity to both the Federal Highway thoroughfare, I-95 and the future transit station, making it an ideal location for residential development as individuals can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property,2) location of existing structures and infrastructure improvements; and 3)size, age, health and species of trees sought to be protected. Approval of the requested Ocean Avenue CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to relief to allow expanded pedestrian areas, public plazas, and recreational amenities,thus increasing open space and available tree planting area. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Ocean Avenue CDA will not have an adverse environmental impact. Rather, approval of the requested Ocean Avenue CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification,which is designed to provide 36.65%usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Ocean Avenue CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Ocean Avenue CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This Page 7 of 9 Page 71 of 232 district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density and lodging to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Ocean Avenue CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, public plazas, and iconic moments to promote pedestrian activity and integration of the streetscape with the active uses along Ocean Avenue. Further, the sidewalks will be buffered from the street through tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located between 21'-0" to 115'-5" from the property line in order to create such an environment. This enhanced pedestrian realm and increased open space will act to improve the quality and quantity of light and air available to adjacent properties. Further, approval of the requested Ocean Avenue CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Ocean Avenue CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or 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. Approval of the requested Ocean Avenue CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit-supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground-floor retail component an coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, public plazas, and iconic moments to promote pedestrian activity and integration of the open spaces with the active uses along Ocean Avenue and further these objectives. The sidewalks will be buffered from the street through a tree planting area in order to Page 8 of 9 Page 72 of 232 create a comfortable pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located 21'-0"to 115'-5"from the property line in order to create such an environment. Approval of this request is necessary to redevelop this underdeveloped aggregation of parcels with the vertically integrated mixed-use project,which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (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 build-to-line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The LDRs provide for major variations to build-to-line requirements through the approval of a Community Design Appeal Application where portions of buildings are proposed in excess of the distance specified in order to enhance sidewalks, public plazas, or open spaces. Petitioner is requesting relief from the build-to-line requirements in order to create wider sidewalks, public plazas, and iconic moments to promote pedestrian activity and integration with the active uses along Ocean Avenue. Further, the sidewalks will be buffered from the street through a tree planting area in order to create an enjoyable pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 21'-0" to 115'-5" from the property line in order to create such an environment. The project is designed to comply with all other site development standards and requirements. As such, the requested Ocean Avenue CDA complies with this criterion. 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O O o o �z ° QQ > o ul-2 °n2 1 E E .n. s� oma- �> a o�=m y (� oP Uop I e �s cc a m m s o ¢a EXHIBIT "D" Conditions of Approval Project Name: Ocean One (Community Design Appeals) File number: CDPA 23-001, CDPA 23-002, CDPA 23-003, CDPA 23-004, CDPA 23-005, CDPA 23-009 Reference: 31d review of plans identified as Community Design Appeals with a February 21, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. Revise the building elevations of the faces of the building closest to East Boynton Beach Boulevard and East Ocean Avenue to include a design which reads as an architectural base. Consider X the option of replicating the design of the base of facades closest to North Federal Highway onto the aforementioned facades. 2. Revise the building elevations of the faces of the building closest to East Boynton Beach Boulevard and North Federal Highway to provide for architectural enhancements which create more visual interest and avoid a "blank wall" appearance. Treatment options X include additional windows (functional of faux), balconies or French balconies, or additional architectural enhancements beyond affixing geometric framework on the side of the building. 3. Revise the building elevations to provide a more transparent X balcony material. 4. Revise the garage elevations on East Boynton Beach Boulevard to provide a more detailed plan and design for the vines to be affixed to the garage. Ensure the vine work is attached and X designed in a way to architecturally compliment the grid architectural vernacular imposed on the remainder of the building. 5. Revise the garage elevation on NE 61h Court to provide for a facade which incorporates design features which further conceal the garage's facade. Possible solutions may include a vine X treatment similar to the one proposed on East Boynton Beach Boulevard (with all conditions), or providing additional architectural features such as faux windows or faux balconies. 6. Revise the hardscape plan to provide at least three (3) different hardscape materials. Provide a detailed description with samples X and/or images of the actual material to be used. 7. Revise the landscape plan to provide layered landscaping within the turnaround island and around the turnaround area within the X vehicle drop-off area off of North Federal Highway. 8. Within the active area along East Boynton Beach Boulevard adjacent to the outdoor residential amenity area, amend all applicable plans to provide shade coverings through structures X like a trellis or similar features to enhance the active area component of this section. 9. Revise all applicable plans to reduce the sidewalk width to 5 feet along NE 6th Court next to the building and garage to provide for a X larger foundation planting. Page 125 of 232 Ocean One (CDPA 23-001, CDPA 23-002, CDPA 23-003, CDPA 23-004, CDPA 23-005, CDPA 23-009) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 10. Revise the landscape plan to provide a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted X in continuous rows or clusters along NE 6th Court. 11. Revise the landscape plan along NE 6th Court to add another layer of trees west of the sidewalk in addition to the existing street trees. Plant selection and planting patterns that optimize the display of X plant texture and color are encouraged. If utilities are required in this area, root barriers will be required. 12. Revise the landscape plan to include more shrubs to the landscaped area between the sidewalk and active areas to enhance the streetscape and meet the intent of the step back to X reduce the impact of the fagade on all rights-of-way. Page 126 of 232 7.7.B. New Business 3/28/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/28/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8)-story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71-acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU-C (Mixed-Use Core) zoning district. Applicant: Brian Bartczak, BB Development LLC EXPLANATION OF REQUEST: Ocean One is a proposed mixed-use development that will be situated on 3.71 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site consists of two vacant parcels. The southern parcel previously contained a bank building with an accessory drive through structure. All structures were demolished in 2013, with the exception of the parking lot, which remains today in poor condition. In 2017, the subject site was rezoned from CBD (Central Business District) to Mixed-Use Core (f.k.a Mixed- Use High), and obtained a Major Site Plan approval for an eight(8)-story mixed-use building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities. The development order was extended pursuant to F.S. 252.363, and remains in effect to date. The applicant is requesting approval of a Major Master Plan Modification, a Major Site Plan Modification, and six(6) Community Design Appeals for the development of Ocean One (see the respective staff reports). The Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) request proposes an 8-story mixed-use development consisting of 371 dwelling units ranging in size from 551 square feet to 1,209 square feet, approximately 25,588 square feet of ground floor commercial spaces adjacent to North Federal Highway, East Ocean Avenue, and East Boynton Beach Boulevard, and a parking garage with a total of 632 parking spaces. The applicant is also seeking to receive relief through six(6) community design appeals . Two (2) community design appeals (CDPA 23-005, 009) are requested for relief from Part I11, Chapter 4, Article I11, Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way. The relief is being requested along East Boynton Beach Boulevard and Northeast 6th Court. The remaining four (4) community design appeals (CDPA 23-001, 002, 003, 004) are requested for relief from Part 111, Chapter 3, Article 111, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone. The relief is being requested along all four rights-of-way (East Boynton Beach Boulevard, North Federal Highway, East Ocean Avenue, and Northeast 6th Court)which make up the perimeter of the site. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A Page 127 of 232 FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Master/Site Plan D Drawings Exhibit B ®Architectural Plans D Drawings Exhibit B ® Landscape Plans D Drawings Exhibit B ® Civil Plans D Drawings Exhibit B ® Photometric Plan D Conditions of Approval Exhibit C ® Conditions of Approval Page 128 of 232 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-015 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: March 16, 2023 PROJECT NAME: Ocean One - Hyperion Major Master Plan Modification (MPMD 23-002) and; Major Site Plan Modification (MSPM 23-003) REQUEST: Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8)-story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71-acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU-C (Mixed-Use Core) zoning district. Applicant: Brian Bartczak, BB1 Development LLC PROJECT DESCRIPTION Property Owner: BB1 Development LLC Applicant: Brian Bartczak, BB1 Development LLC Agent: Bonnie Miskel, Beth Schrantz Dunay Miskel & Backman, LLP Location: 222 & 114 N. Federal Highway - East of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue (see Exhibit "A" - Site Location Map) Existing Land Use: Mixed-Use High (MXH) Proposed Land No change to land use proposed Page 129 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 2 Use: Existing Zoning: Mixed-Use Core (MU-Core) Proposed Zoning: No change to zoning proposed Proposed Use: Mixed-use development consisting of 371 multifamily dwelling units and 25,588 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 3.71 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north is a developed mix use project (Casa Costa) zoned MU-C (Mixed- Use Core). South: Right-of-way for East Ocean Avenue, farther south are developed properties zoned CBD (Central Business District), then the "Broadstone" project under construction, zoned MU-C (Mixed-Use Core). East: Right-of-way for NE 6th Court and father east are developed properties (First Financial Plaza) zoned CBD (Central Business District) and Marina Village zoned MU-C (Mixed-Use Core) West: Right-of-way for Federal Highway and farther west is the site of the approved "The Pierce" mixed-use project zoned MU-C (Mixed-Use Core), and other developed commercial properties zoned CBD (Central Business District). To the southwest is 500 Ocean zoned MU-C (Mixed-Use Core). 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: Ocean One is a proposed mixed-use development that will be situated on 3.71 acres located within the Downtown District as 2 Page 130 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 3 defined by the CRA Community Redevelopment Plan. The project site consists of two vacant parcels. The southern parcel previously contained a bank building with an accessory drive through structure. All structures were demolished in 2013, with the exception of the parking lot, which remains today in poor condition. In 2017, the subject site was rezoned from CBD (Central Business District) to Mixed-Use Core (f.k.a Mixed-Use High), and obtained a Major Site Plan approval for an eight (8)-story mixed-use building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities (REZN 16-001). The development order was extended pursuant to F.S. 252.363, and remains in effect to date. The applicant is requesting approval of a Major Master Plan Modification, a Major Site Plan Modification, and six (6) Community Design Appeals for the development of Ocean One (see the respective staff reports). The Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) request proposes an 8-story mixed-use development consisting of 371 dwelling units ranging in size from 551 square feet to 1,209 square feet, approximately 25,588 square feet of ground floor commercial spaces adjacent to North Federal Highway, East Ocean Avenue, and East Boynton Beach Boulevard, and a parking garage with a total of 632 parking spaces. The applicant is also seeking to receive relief through six (6) community design appeals Two (2) community design appeals (CDPA 23-005, 009) are requested for relief from Part III, Chapter 4, Article III, Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way. The relief is being requested along East Boynton Beach Boulevard and Northeast 6t" Court. The remaining four (4) community design appeals (CDPA 23-001, 002, 003, 004) are requested for relief from Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone. The relief is being requested along all four rights-of-way (East Boynton Beach Boulevard, North Federal Highway, East Ocean Avenue, and Northeast 6t" Court) which make up the perimeter of the site. ANALYSIS 3 Page 131 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 4 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 1,880 new daily trips with 156 AM peak trips and 165 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 application request is contingent upon approval of the SCAD application (Exhibit C — 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 requirements 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. The project will also be required to provide adequate easements on-site to accommodate utility services (Exhibit C — 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 Police Department requests the applicant to provide center arms and skate blocks to benches to deter damage from skateboard traffic (Exhibit C — Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. 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 North Federal Highway with a secondary access point on NE 6th Court. In addition, the project also provides twenty (20) on-street parking spaces along Federal Highway and NE 6th Court to serve the commercial uses on the first floor of the project. Sidewalks are provided along all rights-of-way. On North Federal Highway, East Boynton Beach Boulevard, and 4 Page 132 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 5 East Ocean Avenue, the proposed sidewalks are ten (10) feet wide, lined with street trees for shade, and connect to an eight (8) foot active area that is generally covered and provides additional space within the pedestrian realm. The sidewalk on NE 6t" Court ranges in width from five (5) feet to ten (10) feet, and is also lined with street trees for shade. The project has a condition to provide more landscaping between the sidewalk and the building & garage to create a more pleasant environment for the pedestrian (Exhibit C — Conditions of Approval). 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 371 units (280 one-bedrooms, and 91 two-bedrooms),which would require 523 parking spaces. Additionally, the code requires guest parking at a rate of 0.15 spaces per unit, which adds an additional 56 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 25,588 square feet of retail, thereby requiring an additional 128 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 707 parking spaces would be required. Parking Reduction (Chapter 4, Article V, Section 3.C. Shared Parking): The applicant is utilizing a reduction in required off-street parking per Land Development Regulations Chapter 4, Article V, Section 3.C, which provides applicants the option to calculate required parking based on shared parking methodologies, plus a buffer of 10% of the calculated parking. The applicant provided a report calculated and certified by a licensed traffic engineer using "ITE Parking Generation Manual, 5t" Edition" which shows that peak parking demand is between the hours of 12:00 AM and 4:00 AM, and would result in 579 spaces being utilized. As such, the required parking per Section 3.0 totals 637 spaces (579 spaces + 58 spaces [10% buffer]). The site plan proposes 652 parking spaces, an excess of fifteen (15) spaces. Regular parking space dimensions would conform to or exceed 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 parking garage that would accommodate up to 532 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 5 Page 133 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 6 spaces by residents. This requirement shall be monitored and enforced by the applicant (Exhibit C— Conditions of Approval). There are an additional 20 on-street parking spaces and eight (8) on North Federal Highway and twelve (12) on NE 6t" Court. Landscaping: The Plant List (Sheet L-610) indicates that the project would add a total of 96 trees, 52 of them being canopy trees, 44 palms, 1,595 accent and shrub specimens, and 3,666 small shrubs/vines/groundcover plants. Canopy trees are being maximized along rights of way and within plazas to enhance the pedestrian realm and provide shade. Palm trees are located within one of the plazas, as well as within the vehicular drop-off area and the residential amenity area. 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 indicated in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Bougainvillea, Pigeon Plum, Sea Grape, Green Buttonwood, Silver Buttonwood, and Japanese Privet. 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 (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 cantilevered awnings to create the streetscape theme. This includes the use of street trees placed between the street and sidewalk in an effort to provide maximum clear pedestrian pathways. Due to the sloping gradients of the lot, the applicant provides a landscaped area between the sidewalk area and the active area throughout the site to accommodate changes in elevation. The project has a condition to enhance the landscaping within this area to improve the pedestrian experience within the pedestrian zone (Exhibit C — Conditions of Approval). The project has been conditioned to provide additional landscaping to reduce the development's impact on the pedestrian realm, 6 Page 134 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 7 including along the amenity area wall, parking garage, and building fagade along NE 6t" Court. (Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 3.71 acres. The proposed mixed-use buillding contains 371 dwelling units and 25,588 square feet of commercial space. The building confurged as such where the commercial spaces are located on the ground floor fronting North Federal Highway, East Boynton Beach Boulevard, and East Ocean Avenue, in alignment with commercial frontage requirements. In addition, the site proposes three (3) pedestrian plazas within the site, which break up the building's facade along the aforementioned rights-of-way and expand the public realm deeper into the site. Residential units are located on floors two through eight, and contain balconies face inward toward the courtyards to allow for visibility. A parking garage is integrated into the structure and is oriented toward NE 6t" Court, away from the required pedestrian zone along the other three rights-of-ways. As noted previously, the proposed parking garage has eight (8) levels of parking which are able to be accessed from each level of the building. The applicant is requesting relief from Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way. In order to meet the intent of the Land Development Regulations, the applicant proposes providing a vine system affixed to the exposed wall to disguise the freestanding parking garage from East Boynton Beach Boulevard. The project has been conditioned to provide additional design features in addition to the propsoed vines to further enhance this fagade and to require a similar treatment along NE 6t" Court to further meet the intent of the code (Exhibit C — Conditions of Approval). The commercial portion of the project totals 25,588 square feet and may include a variety of restaurants and retail along North Federal Highway and Ocean Avenue. The commercial spaces are both oriented toward the rights-of-way but also toward the plazas, creating spaces for outdoor dining. Of the 371 residential units, 42 are studios, 238 are one (1) bedroom units, and 91 are two (2) bedroom units. The units range in size from 551 square feet to 1,209 square feet. Each unit also has a balcony or either faces out towards the street, or in towards one of the plazas or amenity area. Page 135 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 8 The project proposes a zoning density of 67 du/ac per Land Development Regulations Chapter 3, Article III, Section 8.E.6, which allows projects within the Downtown TOD Overlay to count efficiency and one-bedroom units which are 750 square feet or less as one-half (1/2) a unit, as long as the Future Land Use of the site is not exceeded when counted as a whole unit. Boynton Beach Comprehensive Plan Future Land Use Element Policy 1.3.1 provides that properties with a Future Land Use of Mixed-Use High (MXH) (east of 1-95) and located within the Downtown TOD District have a maximum density of 100 dwelling units an acre. Of the proposed 371 dwelling units, 245 are either efficiency or one-bedroom units under 750 square foot which meet the requirement under the LDR section. When calculated under this provision, the proposed zoning density of the site is 67 du/ac,which is under the maximum of 80 du/ac under the Mixed-Use Core (MU-C) zoning district for the site. When calculated as whole units, the proposed future land use density of the site is 100 du/ac, which meets the maximum of 100 du/ac under the MXH Future Land Use designation. Therefore, the proposed density complies with the maximum density permitted within both the MU-C zoning and the MXH future land use. Building Height: The maximum building height allowed in the MU-C zoning district is 150 feet. The proposed building elevations depict the roof slab deck height of the building at 75 feet. The tallest height indicated on the elevations is 95, measured to the top of the rooftop mechanical equipment. 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. 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 B — Project Plans). Building Provided Provided Setbacks Required (Measured from (Measured from back of curb) property line) North Federal 20'6"* 247' — 106'6" 17'5" — 99'4" Highway East Boynton 20'6"* 30'6" — 191'4" 30'2" — 191' Beach 8 Page 136 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 9 Boulevard NE 6t" Court 51* 14'11" - 108'3" 12'1" — 105'5" East Ocean 20'-6"* 32' — 1017' 21' — 907' Avenue *Measured from back of curb per pedestrian zone requirements. The maximum building height at the property line is 45 feet. This requirement exists so that projects do not build the entire height of the building on the property line. The applicant is requesting four (4) community design appeals (CDPA 23-001, 002, 003, 004) from relief from Part 111, Chapter 3, Article 111, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone. The relief is being requested along all four rights-of-way (East Boynton Beach Boulevard, North Federal Highway, East Ocean Avenue, and Northeast 6th Court) which make up the perimeter of the site. The relief is to accommodate the aforementioned building step-back at the ground floor of 5 feet along North Federal Highway, and 10 feet along East Boynton Beach Boulevard, NE 6t" Court, and East Ocean Avenue. Amenities: The project proposes three pedestrian plazas, one along East Ocean Avenue and two along North Federal Highway. The plaza on East Ocean Avenue and the northern plaza on North Federal Highway will have landscaping and contain outdoor dining for the ground floor commercial. The southernmost plaza on North Federal Highway will have benches and a water feature. Behind this plaza is a covered vehicle drop-off area, with a mural along the ground floor of the parking garage. The pedestrian zones include a street tree area, sidewalks, active areas, and covered walkways. The project has been designed with a large amenity area at the corner of East Boynton Beach Boulevard and NE 6t" Court, which includes a lap pool and a pickleball court. This amenity area will have resident-only access to East Boynton Beach Boulevard. The project will be separated by a wall with landscaping, and the project has been conditioned to provide additional landscaping within this area (Exhibit C — Conditions of Approval). In addition, the residential-only indoor fitness area and spa are located along East Boynton Beach Boulevard, providing active uses along this portion of the right-of- way. The project also has been designed with a smaller private plaza, seperated from the northern public plaza with a wall. This smaller private plaza will contain a water feature in addition to tables and chairs for residents and guests. The developer is working with 9 Page 137 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 10 Palm Tran of Palm Beach County to locate and create a new transit shelter on site (Exhibit C — Conditions of Approval), and is conditioned to be designed utilizing some of the architectural characteristics of this project. Design: The intended architectural style for the project is modern, using geometric shapes and material changes to provide articulation and visual interest. The project's materials include concrete painted bright colors, clear glass at the ground floor commercial level, tile- wood finish along the base of the building, and perforated metal balcony railings. 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's mass along East Ocean Avenue and North Federal Highway is broken up by the presence of pedestrian plazas which reduce the perceived mass of the building. The project has been conditioned to provide the discrete base design feature currently present on the North Federal Highway fagade also on East Boynton Beach Boulevard and East Ocean Avenue, in an effort to break up the building's design and provide more visual interest. In addition, the project has been conditioned to provide more architectural features on the facades of the building closest to North Federal Highway and East Boynton Beach Boulevard so that these portions of the building architecturally read as the front of the building (Exhibit C — Conditions of Approval). Sustainability: Mixed-use developments must achieve a minimum of 25 sustainability points (see Exhibit C — Conditions of Approval). The development would satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non-roof impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 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 10 Page 138 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 11 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances -All appliance with in a building are 100% energy star. 2 RECYCLE & WASTE REDUCTION Recycle Station/Dumpster Area - Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Minimum Open Space - Provision of usable common open space in excess of code requirements by up to 20%. 4 TRANSPORTATION Parking Structure - At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Car Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheet C11.00) include 29 freestanding light pole fixtures, with varying pole heights. The light poles proposed along North Federal Highway has been conditioned to have a height of 37 feet and be of a design acceptable to the Engineering department. The light poles proposed along East Ocean Avenue, East Boynton Beach Boulevard, and NE 6t" Court, have been conditioned to be 20' in height and be of a design acceptable to the Engineering department (see Exhibit C — Conditions of Approval). Light poles located within the interior of the site will have a mounting height of 20'. 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 C — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and 11 Page 139 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 12 the applicant has identified a location for a sculpture at the intersection of Federal Highway and Ocean Avenue. The public art fee has been identified as $1 million, and the budget for the art component of the project is $700,000. RECOMMENDATION Staff has reviewed this request for a Major Master Plan Modification and Major Site Plan Modification, and recommends APPROVAL subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit C — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 12 Page 140 of 232 Ocean One(MPMD 23-002,MSPM 23-003) Memorandum No PZ 23-015 Page 13 \\Fps\ma in\S H RDATA\Pla nni ng\S HARE D\WP\PROJ ECTS\Ocean One\MSPM 23-003-MPMD 23-002\Staff Report\MSPM\Staff_Report=_MSPM_-_Ocean_One_JEK.docx 13 Page 141 of 232 EXHIBIT "A" SITE LOCATION MAP t � NE 3rd Ave On r a � r i�. S£ti1S11ti11))" ii511Stt2 2 nC�Ave Boynton Beach Blvdt, p))!fir t�s�)i - x 1 tttr , `Fj �i�'}` t ,, r. 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EXHIBIT "C" Conditions of Approval Project Name: Ocean One Major Site Plan Modification & Major Master Plan Modification File number: MSPM 23-003 & MPMD 23-002 Reference: 31d review of plans identified as a Maior Site Plan Modification & Maior Master Plan Modification with a February 21, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING Comments: 1. Show all existing and proposed easements on all plans (including civil, site, and landscaping plans), including the required 10' utility easement for portions of the lot adjacent to a street per Article VIII X Utility and Infrastructure Design Standards LDR Ch. 4, Art. VIII, Sec. 3.13.4. 2. Provide the following on plans: (a) 50' dimension and lane width dimensions on plan (Sheet AO-02), (b) Extend curbing to parking stall #7, (c) Remove parking stall #54 as it does not meet 9' x 18' X CRA parking dimensions (d) Provide typical parking stall dimensions on site plan and garage plans. 3. A re-platting of the property shall be required. Any existing easements located on the property not proposed to be retained X shall be vacated. 4. Prior to permitting, easements for proper drainage shall be provided where necessary at a width adequate to accommodate X the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. 5. Prior to permitting, demonstrate on the site plan, civil plan and landscape plan how the clear line of sight as required by code shall be maintained at all intersections and driveways. A restriction shall be defined on the plat and landscaping plan prohibiting X construction or plantings over two (2) foot six (6) inches high on corner lots within a safe sight distance based on the crown elevation of the street. 6. Prior to permitting, provide an approval letter from FDOT for the X on-street parking. 7. Prior to permitting, provide FDOT ROW dedication for sidewalks. X 8. Prior to permitting, provide FDOT ROW dedication for 10' of right X of way along North Federal Highway 9. Prior to permitting, obtain approval from Palm Tran for the X proposed bus shelter and stop location. Page 222 of 232 Ocean One (MSPM 23-003 & MPMD 23-002) Conditions of Approval Page 2 of 5 DEPARTMENTS INCLUDE REJECT 10. An addressing plan shall be submitted and approved by City's X Addressing Committee. 11. At the expense of the developer, a diver shall inspect the 72" drainage under NE 6th Ct. prior to the commencement of the vertical construction and after the completion of the vertical construction. Both the pre and post dive shall be video recorded X and the findings presented in a report within 30 days following the inspection. Developer shall be responsible for any damage caused by construction activities. 12. At the time of permitting, please provide specific details on how the footer will be built to prevent damaging the City's 72" RCP X storm pipe. 13. Upon completion of the site improvements, the developer shall be responsible for the cost and installation of V Type S-III asphalt and pavement restriping for the full width of Boynton Beach Blvd., X from Federal Hwy eastern edge of pavement to the concrete header curb forming the paver crosswalk at NE 6th Ct. 14. At time of permitting, drainage plans and calculations in accordance with the 2010 LDR, Chapter 4, Article VIII, Section X 3.G. will be required at which point a more in depth review will be made. 15. The developer shall be responsible to replace all existing street lights along Federal Hwy with FPL 37' concrete poles and replace existing street lights along Ocean Ave., NE 6th Ct. and Boynton X Beach Blvd. with FPL 20' aluminum poles. The poles shall be of a design acceptable to the City's Engineering department. 16. The developer shall underground all existing overhead lines within and adjacent to the subject project. Easements shall be coordinated with requisite utility authorities and shall be provided for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules X 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. 17. 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. Page 223 of 232 Ocean One (MSPM 23-003 & MPMD 23-002) Conditions of Approval Pae 3 of 5 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS/ UTILITIES Comments: 18. The applicant is required to extend the water main to Boynton Beach Blvd in order to accommodate a fire hydrant branch of an X allowable length. 19. The developer is responsible to replace the portion of the 20" force main along the property line on NE 6th Court in order to X connect to the City's Master Lift Station 356. 20. Ensure all required easements are provided per Land X Development Regulations Chapter 4, Article VII, Section 3.B.4 21. Revise the plans so that the Double Detector Check Valve (DDCV) and the meter assembly along NE 6th Court are located X outside of the sidewalk in an area which does not impact pedestrian and vehicular circulation. 22. At time of permitting, a general Hold Harmless Agreement is X required for all Boynton Beach utilities located under the sidewalk. 23. The developer is responsible to upsize the water lines at NE 6th Court, E Ocean Avenue, and N Federal Hwy in order to provide X adequate pressure and fire protection for the project. FIRE Comments: None. All previous comments acknowledged at DART meeting. POLICE Comments: 24. Consider adding center arms and skate blocks to benches to deter X sleeping and damage from skateboard traffic. BUILDING Comments: None. All previous comments acknowledged at DART meeting. PUBLIC ART Comments: 25. Move the western-most mahogany on East Ocean at least 12 feet X to east to ensure that the sculpture at the southwest corner of the Page 224 of 232 Ocean One (MSPM 23-003 & MPMD 23-002) Conditions of Approval Page 4 of 5 DEPARTMENTS INCLUDE REJECT site at East Ocean and North Federal Hwy is not obstructed from view. 26. Provide up-lighting for the sculpture at the southwest corner of the X site at East Ocean and North Federal H 27. Provide adequate lighting for all proposed artwork. X PLANNING AND ZONING Comments. 28. The application requests must be publicly advertised in accordance with Ordinances 04-007 and 05-004. An affidavit with attachments (ownership list, radius map, and copy of mailing X labels) is required to be provided to the City Clerk and Planning & Zoning one 1 week prior to the first public hearing. 29. Approval of the Major Master Plan and Site Plan applications are contingent upon the approval of the concurrent Community Design X Appeals (CDPA 23-001, CDPA 23-002, CDPA 23-003, CDPA 23- 004, CDPA 23-005, CDPA 23-009). 30. 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. 31. Any revised plans developed to address conditions of approval which substantially change the architectural or site design will first X be required to obtain the applicable Master Plan Modification and/or Site Plan Modification prior to permitting. 32. Revise all applicable plans (including elevations) to modify the architecture, location of art, or site to reduce any potential conflicts X between required public art and architectural features. 33. Expand the width of the entire active area in front of the middle commercial space (which begins approximately 180-200 feet X south of the northern property line) from five (5) feet to eight (8) feet. 34. Revise the landscape plan to include 3 flowering shrub species on X both sides of the project entrance. 35. At time of permitting, all proposed fences and walls on the site will be reviewed by staff for compliance with the Land Development X Regulations. 36. The developer shall comply with the City's residential parking requirements to ensure that designated resident parking spaces are reserved for, and made available to the residents to minimize X the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer. 37. The building shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical X equipment, stairs, and elevator towers. All rooftop equipment must be completely screened from view at a minimum distance of 600 Page 225 of 232 Ocean One (MSPM 23-003 & MPMD 23-002) Conditions of Approval Pae 5 of 5 DEPARTMENTS INCLUDE REJECT feet. At the time of permitting, provide an updated line of sight drawing(s) showing compliance with this requirement. 38. At time of permit, revise the building elevations to provide for the variation of height along the roof line. Increase the height of the X roof line break at strategic locations. 39. A Sign Program is required to be submitted and approved prior to the approval of any sign permits for the project. X 40. The applicant shall provide the quantity of on-street parking on North Federal Highway, and NE 6th Court as depicted on the site X plan. 41. 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. 42. All charging stations proposed on-site shall be "level-two (2)" or greater power charging stations capable of servicing two (2) X parking spaces. 43. All street trees shall be set in a flexible pavement material acceptable to the City. X 44. Prior to permitting, ensure all sight visibility triangles are clear of obstructions as per City Code. Adjust the wall along NE 6th Ct at X the parking garage to not encroach the visibility triangle. COMMUNITY REDEVELOPMENT AGENCY Comments. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: None. Page 226 of 232 7.7.C. New Business 3/28/2023 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 3/28/2023 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve modifications to existing uses (CDRV 23-004) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off- Street Parking Requirements, to modify definitions, use regulations, and parking requirements for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC zoning district. EXPLANATION OF REQUEST: The proposed amendments adjust the definition, use regulations, and parking requirements for car wash uses, including Waxing, Polishing, Detailing and Self-Serve Bay. The proposed amendments also establish indoor athletic instruction/training uses as an accessory use within the REC zoning district. Lastly, the proposed amendments clarify language referencing use footnotes. These modifications are in response to changes in the industry and to seek to clarify otherwise ambiguous language. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Amendment Exhibit A- Proposed Amendments Page 227 of 232 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-017 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 Craig Pinder, Planner II DATE: March 16, 2023 REQUEST: Approve modifications to existing uses (CDRV 23-004) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off-Street Parking Requirements, to modify definitions, use regulations, and parking for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. OVERVIEW The proposed amendments adjust the definition, use regulations, and parking requirements for car wash uses, including "Waxing, Polishing, Detailing" and "Self-Serve Bay" uses. The proposed amendments also establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. Finally, the proposed amendments also clarify language referencing use footnotes. These modifications are in response to changes in the industry and seek to clarify otherwise ambiguous language. EXPLANATION & PROPOSED AMENDMENTS Auto/Car Wash: The Use Matrix within the Land Development Regulations lists two types of car wash uses, "Auto/Car Wash (Waxing, Polishing, Detailing)", and "Auto/Car Wash (Self-Serve Bay)". An additional type of car wash has emerged in the market, where an employee-manned car wash tunnel is used to wash vehicles and then vacuum stations are provided before or after which allow the customer to vacuum their vehicle. The current definitions of car wash uses do not clearly accommodate this type of hybrid car wash and contain regulations which should be defined within the use standards under the footnote subsection of the Use Matrix. Furthermore, the current parking standard for car wash detailing areas requires inordinately more parking spaces than needed. As such, the proposed amendments accomplish the following: • Clarifying the definitions of"Auto/Car Wash (Polishing, Waxing, Detailing)" and "Auto/Car Wash (Self-Serve Bay)" uses; Page 228 of 232 Page 2 Car Wash and Indoor Athletic Instruction/Training Uses CDRV 23-004 • Requiring all business activities to occur under a fully- or semi- enclosed building or underneath an insulated roof structure. This includes the washing of cars, and employee detailing areas, but for the "Full-Service" subtype of car wash, excludes space for a customer to polish or vacuum their own vehicle; • Clarifying the existing use standards for car washes so that they are clearer; • Reducing the number of required parking spaces for detailing, washing, and waxing areas from 1 space per 75 square feet to 1 space per 200 square feet. The proposed amendments do not expand any car wash uses into any new zoning districts, nor do they further restrict car wash uses from any zoning districts where they are currently allowed. All car wash uses remain as conditional uses and will continue to be subject to the Conditional Use approval process. Indoor Athletic Instruction/Training Facilities: The City and Primetime Sports Group, LLC have entered into a land lease agreement to develop an indoor training facility on a portion of Little League Park, which is zoned REC (Recreation). The Use Matrix of the Land Development Regulations does not allow indoor athletic instruction/training uses within the REC (Recreation) zoning district. The proposed amendment permits the "Indoor Athletic Instruction/Training facility" use within the REC (Recreation) zoning district as an Accessory use, subject to footnote 21, which states that this use is allowed as an accessory use to any city-owned and operated park facility. The proposed amendment is necessary to allow"Indoor Athletic Instruction/Training facility" uses as an accessory use to any city-owned and operated park facility within the REC (Recreation) zoning district. Restricting the use to an accessory use ensures that outdoor park facilities such as baseball fields, basketball courts, etc. remain the principal use. Additionally, the proposed amendment restricts the use to city-owned or operated park facilities, thereby, further restricting where an indoor athletic instruction/training facility can be allowed within the REC (Recreation) zoning district. Clarification of Use Matrix Footnotes: Language regarding the location of use footnotes in relation to uses within the use matrix contained outdated references. The language has been updated to reflect the currently adopted structure of the use matrix. No material changes to uses, standards, or regulations are being proposed outside of the aforementioned amendments above. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to support the modification of the definitions, use regulations, and parking for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. Attachments 2 Page 229 of 232 Part III Land Development Regulations Chapter I. General Administration Article II. Definitions AUTO/CAR WASH (POLISHING, WAXING, DETAILING) - Establishments providing for the Gte� Awaashinc sir inc Dolishinc orvacu�urninof private automobiles, recreational vehicles (personal watercraft), or other light duty equipment through manual detailing and/or mechanical resources, 'These establishments m� utilize convf-,y L �� _q h wash tunnels, ,ql -,,_�I_or similar to trans ort vehicles throug --------------------- pgg_y��� eved thiough the site-plap,-Gr site plan PAGIdifirvAtig"' "IFOG866- AUTO/CAR WASH (SELF-SERVE BAY) - An establishment where customers wash, dr ,,,_p ish__,__o_r, vacuum their own vehicles or marine vessels u on-sit men and sup _ __e 1.c --plies wa&h4nn Aniinn sing _1q!p polichirin ^r xinri ii irninn -f ^r rnnr;n_ "^"^I ;, r-,nrf^rrnnr4 kii +hn Arixinr _1 a passeRrier auternebile �J -Y GGG4pa4#. This use is not intended to serve a commercial or industrial fleet. CAR WASH - See "Auto/Car Wash." INDOOR ATHLETIC INSTRUCTION/TRAINING - An establishment primarily engaged in offering athletic instruction or training, including martial arts, gymnastics, cheerleading, batting/golfing, and dance studios, and other similar types of uses having the same characteristics and special needs as confirmed by staff. Chapter 3. Zoning Article IV. Use Regulations Sec. 3. Use Regulations. C. Use Matrix Legend. Uses regulated herein are classified in one (1) or more of the following categories: 1. "P" - Permitted Uses. A permitted use is allowed by right within a zoning district provided that all development regulations are met. A permitted use must be conducted on a site in order to have accessory or ancillary uses on that site. Uses identified with a "P" on the use matrix are permitted by right in the district, subject to compliance with 1) the additietea' o+nnrAnrr4c inr4if­n+nr4 in +hn "KIMn" f,^Ii in;R 2ag�cornDa�ning use �num �, which directly corresponds with Section 3.E. below-, and 2) any other applicable requirements prescribed by these Land Development Regulations. 2. "C" - Conditional Uses. A use that because of special requirements or characteristics may be allowed in a particular zoning district but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Uses identified with a "C" on the use matrix are allowed in the zoning district, subject to compliance with the following- 1) the "Note" accor _a--n _na, which directly corresponds with Section 3.E. below-, 2) standards for evaluating conditional uses in accordance with Section 4 below-, and 3) any other applicable requirements prescribed by these Land Development Regulations. 3. "A" - Accessory Uses. A use that is customarily incidental to the principal use. Uses identified with an "A" on the use matrix are permitted as an accessory use to a permitted principal use in the district, subject to compliance with the following- 1) g2Lompg_Q_yjQ s m lm.,-,rsj�ad4i=ti��� a+ne4 in +kn "KIMn" ^^Ii iryin iAdiG which directly corresponds with Section 3.E. below; and 2) any other applicable requirements prescribed by these Land Development Regulations. The nature of the principal use will determine the use review authority required to review and approve the accessory use. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use. 4. Vacant Box. A vacant box that contains no symbol signifies that the use category is not allowed within the corresponding zoning district. Page 230 of 232 U LU `,c CL C) EL Q co U .............. . .., . .............. . .. .. N i . r i d_..._..... U � .U__ _.._... 0 co m N N N (6 N U Q co U a x 0 a 0 a Cl) N i � Z ._..._..._............._..._....... O w ._..._..._.. ................. ..__ U' Lu ' fy 06 N i CO F-- Cl) c%> Z LU �....._..._.._ ...................._. H Cl) Q, � Cc 0 Q � m � m � .. a) o � � a3 w aim c az w g a v w `as ._ `as o V v C) -EC) m aUQ _ o (f' m o °� c O 0 u u u O aa) . Z) Z) �: n Qrn . __ c c Lija... �..�._ Q_. F. Use Footnotes, 21. General Note. This use is allowed as an accessory use to any city-owned and operated park facility. 60. Auto/Car Washes (P„r...... a, Auto/Car \Px/ash (PolishinrN,i \Px/axin-- r-II...:E_ft General, All washinq activities must occur within a fullv­ or serni-enclosed buildin All other ----------------­-----------------------------------------------q,...................... business activities exre area for a customer to u _p ish or vacuum their own vehicle,m st occur within a ----------------------------------- -_ -------------------------------------------------------------------------- ----------------------------------------------- enclosed build! or underneath an insulated roof architecturaijy co_m.�jti ------------------------------------------------------------- aEncipal structure, e act of washint dr inc olish' g�inc�are conductc..c h the establishment either thr h mechanical means or thro h ora- ifs.. er D!o icr.,es and may also include a component which allows for customers to vacuum or polish the vehicle themselves using on-site (i) C-2 District, 'Thi i not errnitted within the C-2 z district, s su�ND -------P----------------------2-------------------- ------ (ii) PID Dic+rir,+ Only'_allowed-as-an-accessofy �L,�l.,,_LQIEI-auto-dealer,-new-or-u-sed,, Establ.ish-ments-wh-ere-the act of_washij]R, 'nC _ L, mi are ------------------- ---- - __gryL_1L_P ------ -------- jglj�Lautomated with no on-site i-, ee,�Dployinvolvement, ----------------------------- (i) ---a—. C-2 District, C-3 District, C-4 District, and PCD District. ,This sub t�-pemust be ----------------------- accessor, to a glasoline station and must obtain conditional use aDiDroval prior to establishment, QRly a fully aut--mated 6+111^ 261t^�Gar XAIQQk far,0411 is a!1()XA,^r4 — — ­^­^rxi i ion +^ n --plinp stati.G)R. HG)IAIeI'eF, GGRdi+i^nnI i ion approiinl ic rnri6#49d fer thic rrNrnr-,^nnn+ ^f+k- ­+-kfickryinr-4 (ii, b. PID District. Only allowed as an accessory use to an auto dealer, new or used. b, Auto/Car vNash Scr-flf-Serve (1) General, All business activities must occur within a fully- or serni-enclosed building, Chapter 4. Site Development Standards Article V. Minimum Off-Street Parking Requirements Section 2. Standards. C. Table 4-18. Commercial and Office & Health Care Uses. Where a use is located in a shopping center, office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail complex in which it is located shall apply-, except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or ross floor area of the theater (see "theater" in Section 3.D. below). Commercial and Office & Health Care Uses Standard Number of Required Parking Spaces Per square feet(unless expressed otherwise) Building area is based upon gross floor area (in square feet) unless specifically expressed otherwise. Auto car wash (polishing, waxing, detailing) Automated no employees)- N/A Full-service- 4 per tunneJ4 Auto car wash, self-service bay- 2 per bay 4 Plus one (1) space per two­hundred (7-�200) square feet of full-service detail!Mc , washing, and waxing areas. Page 232 of 232