Loading...
601 S Federal (CDPA 16-001)DEVELOPMENT ORDER OF THE CITY COMMISSiON OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS 601 S. Federal Mixed Use (CDPA 16 -001) Michael Bertino, 601 S. Federal LLC & 601 SE 4 th Street LLC PO Box 945, Boynton Beach, FL 33425 Development P&z Bull 'Ing Engineering Occ. License Deputy City Clerk I - DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016 APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 2, Article III, Section 5.C., "Build -to- line ", which requires buildings be constructed with a build -to -line of 0 to 10 feet, for three (3) locations on the site. LOCATION OF PROPERTY: 601 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant CHAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applica is request is hereby RANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: 7 l City Clerk S: \Planning \SHARED \WP \PROJECTS \601 S. Federal Mixed Use \CDPA 16- 01 \D0.doc EXHIBIT A SITE LOCATION MAP 601 S. Federal Highway A 0 15 30 60 90 120 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: 601 S. Federal Mixed Use File number: CDPA 16 -001 Reference: 2nd review plans identified as a New Site Plan with a March 15, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning and New Site Plan. X COMMUNITY REDEVELOPMENT AGENCY P comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X 601 S. Federal Mixed Use (CDPA 16 -001) Conditions of Approval Paoe 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \601 S. Federal Mixed Use \CDPA 16- 001 \COA after P&D.doc Eli Ll VAA MILLER LAND PLANNING, INC. 601 S. FEDERAL HIGHWAY IE 508 E, Boynton Beach Boulevard Boynton Beach, FL 33435 Phone ■ (561)736.8838 Fax ■ (561)736.8079 Email ■ mlllerlandplanning.com Original: March 15, 2016 Appeal to Community Design Standard Justification Statement This application requests approval of a community design appeal for specific build to line requirements found in Chapter 3, Article III, for the proposed 601 S. Federal mixed use project, Code Section 11 requires that buildings be constructed along the roadway frontages with a build to line of 0 to 10 feet. However, as described below, there are three locations in this project that requires the building to be located outside of the build to line and accordingly are the subject of this appeal. Building B I North Facade - Building B is setback 29.7 feet from the north property line. Within this area there is a loading zone along SE 5Th Avenue as well as a public plaza area that provides a transition from the hard corner of Federal Highway and SE 5Th Avenue to the building main entrance from the plaza. Given the property grades in this area, the plaza area will also incorporate a ramp system for handicap accessibility, signage for the project, benches and landscape areas which are requirements form other provisions of the code. There is also site clear zones at this intersection that are required by both the City and FDOT so visibility is not restricted for vehicles traveling from SE 51h Avenue to Federal Highway. If the building were located to comply with the maximum 10 foot build to line, it would encroach the site clear zones, creating an unsafe condition, plus this area can be used for the other improvements within the plaza area. Accordingly, we request the appeal approval for this area on the north facade of Building B. Building B I South Facade - Building B is setback 18.7 feet from the south property line at its nearest point. Within this area, there is a 7 foot wide utility easement and a 12 foot wide bus shelter, The bus shelter cannot interfere with the water and sewer lines located in the utility easement, therefore this is the closest the Building B can be located from the south property line. Although the primarily building is not within the build to line, the bus shelter does meet this requirement and will be constructed in a consistent architectural theme as the main building, providing for the street scope and intent of the build to line. Accordingly, we request the appeal approval for this area on the south facade of Building B, Building C I South Facade - Building C is a multi use building to support the residential building and pool and it is located 14.8' from the south property line. Building C was originally a larger building and located within the build to line, however to address staff comments regarding existing trees in this area of the site and adjoining site, the building was reduced in size to allow the trees to remain. There will be a fence and landscape to extend from Building C to the south property line that will continue the street scope LJ • 601 S, Federal Highway 2 Appeal to Community Design Standard March 15, 2016 intended by this code section. Accordingly, we request the appeal approval for this area on the south facade of Building C. Article X, Section B.1,3 of the Code states that In granting relief to any community design standard of Chapter 4, the City Commission must find that the subject appeal meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and /or design will result. The following provides the review criteria and response justify this application for appeal. a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. The proposed project and community design appeal continues to be consistent with the intent of the Comprehensive Plan by providing other amenities along the roadway frontage that compliment the primary buildings. 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. The design of the buildings and the appeal will be an enhancement to the livability and appearance of this property and provide a high quality office and residential project. C. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. A description of each of the deviations requested is provided above and how they cannot meet the code section that is being appealed. 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. Building C was reduced in size and located outside of the build to line to accommodate existing trees pursuant to meetings with the City Landscape Inspector and an arborist. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. E-0 601 S. Federal Highway Appeal to Community Design Standard March 15, 2016 There will not be any averse environmental impacts created by the proposed deviations, In fact, for Building C, the purpose is to better accommodate for landscape. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. There will be no adverse impact on abutting or adjacent lands. Building B is located in line with the approved assisted living facility building to the south and will continue the street scope for this section of the roadway frontage. Buildings A and C will be the first of these buildings to be located and start a street scope along SE 4Th Street. The development of this property is likely to enhance the values of properties in the area, g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. This project is bounded by roads to the east, north and south and the buildings located on the site are separated to allow for light and air on site as well as adjacent properties. The deviation for the south side of Building B will actually provide separation, thus light and air, from the assisted living facility building to the south. h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. This project furthers the objectives of the Federal Highway Corridor Plan for mixed uses to be developed along the Federal Highway corridor. Approval of he proposed appeal will allow for the development of an office building with employment opportunities and a residential building for more housing opportunities. The two uses will hopefully share in employment opportunities of the businesses with potential employees within the residential building. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed appeal for both the north and south facades of Building B are necessary due to conflicts of other development requirements as described in the summary above, The proposed appeal for the south facade of Building C is necessary to support the potential of saving existing trees. 1 i . 0 �I w A " B i 3- I R R f a� i i¢► F 6 p i N iY t� iY iY eY t' tY i8 eY tY 9 'xx :, xx ss RA :R AA ii 5A Az N ' � a ��a�aaaa5�9r �o U. N ' w �i kM -t w C tl a 0 u a i i i i i i i � iY rY !Y eY iY eY iY O ,o 'b 4: 4i is Ai is Y ��01 io %549 ci;00 g B p Y a � 'f: f: is i i2 f A8 fi ee U i �YF t `i ! S s Q3?!� a��$3I� l Eta fia 9 list 1 1 �Fl C 0 $09. Mgr � C a a• n Lu 9ea lilt lilt It'l IN 4 ! . � . i !a i 1 a �N� `A" J 9 ®d ®td E E4 EE Et4�EE E 4 59 3 5 ?; 55 5935 5 V:.: i .accei fiSA a d4'G F 4a4►Fd 44aa i i � 9A xiAAARAB PARR � �� J ttte § iA.A : �@ 3 i i � iagaiiaia;liaai4fiff ii P N 33Will ji mim i as iEi 33a @ ........................ a? iii Fi 1 _ — __ ,. o uiauwe VMn f /SWEROADNO. 5) �Fl C 0 $09. Mgr � C a a• n � 9ea a �N� `A" J 9 ®d ®td E E4 EE Et4�EE E 4 59 3 5 ?; 55 5935 5 V:.: i .accei fiSA a d4'G F 4a4►Fd 44aa i i � 9A xiAAARAB PARR � �� J ttte § iA.A : �@ 3 i i � iagaiiaia;liaai4fiff ii P N 33Will ji mim i as iEi 33a @ ........................ a? iii Fi 1 _ — __ ,. o uiauwe VMn f /SWEROADNO. 5) M:aa � P c�PROlFR5�5oi S [canal Mgay �,iamyl�t-trarAmglr� R6upmRW 56.16Awg, LSIN�6 6:onao Ma, 1:1 { 3 20 0 �g 6 qq Y �3 • N O CL 6 a8 W 2 B R� P 1 �9 Z �f _ 6~ R m ti b � o 0 O 3 a 0 w 0 0 'n n m a n Q Ym gg -g =_E {nY$ ° g R j 3 � 2 "" °i /S 'ONOYOH31 d1S/ { 'ON.t 7MHJ /H J /2 ---- yy p 4 N m "- 601 S. Federal - Mixed Use g z o P Z m Z Clty of Boynton Beach, FL s � z Z 4 i g EYISIING: PM tONWG. RK UNU USE' RK � CC r CC , aA iTea � •. - y� S N O CL 6 a8 W 2 B R� P 1 �9 Z �f _ 6~ R m ti b � o 0 O 3 a 0 w 0 0 'n n m a n Q Ym gg -g =_E {nY$ ° g R j 3 � 2 "" °i /S 'ONOYOH31 d1S/ { 'ON.t 7MHJ /H J /2 ---- yy p 4 N m "- 601 S. Federal - Mixed Use g z o P Z m Z Clty of Boynton Beach, FL s � z Z 4 i g