Riverwalk Plaza CDPA 16-002DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Riverwalk Plaza (CDPA 16-002)
APPLICANT: Shaul Rikman/ Isram Riverwalk, LLC
APPLICANT'S ADDRESS: 506 South Dixie Highway, Hallandale, FL 33009
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 17, 2017
APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 2, Article III,
Section 4.13.3, "Build -to -line", which requires buildings be constructed with a
build -to -line of 0 to 15 feet.
LOCATION OF PROPERTY: 1532 South 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
_ S
HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit "C"
with notation "Included."
4. The Applicant's request is hereby
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:
City Clerk
C:\Users\ParkerA\Desktop\riverwalk\STAFFREPORT\CDPA 16-001 DO.doc
EXH I B IT "D"
CONDMONS OF APPROVAL
Project Name: Riverwalk Plaza
File number: CDPA 16-002
Reference: Review Request for Community Design Plan Appeal approval of Chapter 2, Article III,
Section 4.13.3, "Build -to -line", which requires buildings be constructed with a build -to -line
of 0 to 15 feet.
DEPARTM ENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None.
FIRE
Ccmments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments: None
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
1110,
;:
CITY COMMISSION CONDITIONS
Comments: To be determined. %;fir .,
Riverwalk Plaza (CDPA 16-002)
Conditions of Approval
Page 2 of 2
C:1UserslParkerA\DesIdop\dverwaIkASTAFF REPORTICDPA 16-001 COA.docx
Exhibit A: Location Map
LOCATIONRIVERWALK
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RIVERWALK PLAZA
PARKING DATA
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AS -101,
treeospoanMarder
April 26, 201.6
From the desk of:
Steven S. Wherry, Esq,
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, Florida 33301
Phone: 954.491,1120
Fax: 954,771.9264
Direct Phone: 754.2007017
Direct Fax: 954,333.4157
Email: steven.wherry@gmlaw.com
Community Design Appeal Request: The Applicant is requesting a deviation from the build -to
line requirement along WooIbtight Road. The intent of the build -to line deviation is to allow the.
Applicant to develop an incremental improvement to the existing site that has existing uses and
required parking adjacent to the right-of-way that cannot be removed due to long term leases.
The Applicant is meeting the build -to -line along Federal Highway with a new building, outdoor
dining areas and a canopy that covers the existing Walgreens drive-through. The land within the
Applicants ownership along Woolbright Road is currently encumbered with existing access
drives, Wendy's restaurant and associated parking which prevent compliance with the build -to
line requirements. The existing Wendy's lease, with renewals, extends to 2037,
ire-,,-icw Criteria Chapter 2, Article II, Section 4.1.3.3
The Applicant's request is consistent with the Community Design Appeal Review Criteria as
documented below.
a. Whether the proposed request will demonstrate consistency with the
Comprehensive Flan
A deviation from the build -to line requirements will allow the redevelopment plan
to include a public plaza and related amenities along the Intracoastal Waterway.
Strict construction of the build -to line in the present application would result in
building footprint placement and site configuration such that the public plaza
amenities would not be possible. The public plaza will establish new public
access to the Intracoastal Waterway, an important community resource, and a
feature that differentiates the City of Boynton Beach from other municipalities
that do not have waterfront access. Additionally, opening up public access to the
Intracoastal Waterway and establishing a public plaza creates an opportunity for
public events that activate the site and. create the possibility for Water Taxi
connectivity to other nearby areas, such. as the Las Ventanas mixed use
development and other exciting destinations within the Boynton Beach Arts
District. These factors undergird and give form to the numerous comprehensive
plan goals, objectives, and policies enumerated below.
Boca Raton I Ft. Lauderdale I Las Vegas I Miami I Miami Beach I New York I Orlando I Port SL Lucie I Tallahassee j, Tampa I West Palm Beach
26083136vl
April 26, 2016
Page No. 2
Moreover, strict application of the build -to line requirements in. the present
instance would tend to produce the appearance of a hulking, massive structure
given that the zero -foot build -to line would apply to frontage along Federal
Highway, Woolbright Road, and the Intracoastal Highway, thereby greatly
impacting neighboring access to light and air. The proposed redevelopment plan
preserves attractive view corridors into and through the site, helping to promote
the human scale of the design and overall project. Deviating from strict
application. of the build -to line requirements allows the redevelopment plan to
include more compact structure design, an important and distinctive element
consistent with the benefits of mixed-use development - one which discourages
urban sprawl in all its forms.
The proposed request is consitent with the Comprehensive Plan because it
complies with a variety of goals, objectives and policies as eneumerated below.
Specific elements of the goals, objectices and policies that are reflected in the
development plan are underlined for clarity.
The proposed request to deviate from build -to line requirements complies with the
following goals, objectives, and policies of the Future Land Usc Element of the
City's Comprehensive Plan:
1. GOAL 1 Provide a range of land uses which accommodate a full range
of services, and activities, and housing types, while minimizing land
use conflicts, maintaining the character of the community, ensuring
adequate public facilities, and minimizing adverse impacts on natural
resources.
1 Objective 1.1 Land development and future land uses shall continue to
be coordinated with the provision of the following facilities and
services, concurrent with the needs of the existing and future land
uses, and consistent with the adopted minimum levels of service
standards contairied in this Comprehensive Plan:
1. Roadways
2. Potable Water
3. Sanitary sewer
4. Solid Waste,-
5.
astF5. Stormwater Drainage
6. Recreation and Open Spacc
7. Public School Facilities
3. 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, Building Code and subdivision
regulations.
26083136v1
April 26, 2016
Page No. 3
Policy .1.3.1 The City shall continue to implement the Future Land Use
Plan in accordance with the following descriptions of land use
categories and designations. The uses, densities and intensities shall be
the maximums allowed, but shall not indicate that those maximums are
necessarily allowed in a land use category or zoning district. The land
development regulations or other provisions of the City's
Comprehensive Plan or Code of Ordinances may prohibit or regulate
certain specific uses if doing so would be reasonable. Furthermore;
other uses which may have land use characteristics very similar to
those uses listed under a particular land use category may also be
allowed in that land use category. One or more zoning districts,
including planned development districts, shall be established to
implement each of the following land use categories.
d. Mixed Use category shall provide for the vertical or horizontal
mixing of land uses within a single site in order to allow
development and redevelopment in specific geographic areas of the
City that take maximum advantage of existing utility systems and
services; and promote compact development, safe and pedestrian -
friendly streets, and provide transportation choices.
4. Policy 1.3.2 The City shall continue to administer land development
regulations that address and regulate the following:
a. All land uses identified on the Future Land Use Map;
b. The coordination of future land uses with the appropriate
topography and soil conditions;
c. Compatibility of adjacent land uses and buffering and screening
of uses;
d. The subdivision of land;
e. Signage;
f. Areas subject to seasonal or periodic flooding and provisions for
drainage and stormwater management;
g. The protection of environmentally sensitive lands, water
wellfields and aquifer recharge areas;
h. Access Management;
J. On-site vehicular circulation parking lots and lcading;__areas
designed and sized to provide the maximum reasonable degree of
safety and convenience;
j.The provision of open space.
k. The protection of known and discovered archaeological sites;
1, The identification, documentation, and preservation of historic
and cultural resources;
m. The protection of natural resources; and,
n. The availability of facilities and services at adopted levels of
service concurrent with. the impacts of development.
26083136v1
April 26, 2016
Page No. 4
S. Objective 1.4 The City shall encourage innovative land development
regulations that implement this Comprehensive Plan.
Policy .1.4.2 'The City shall continue to modify land development
regulations as needed to make them more effective or less burdensome
in achieving goals and objectives of this Plan, and to seek innovative
regulatory solutions to promote economic development and
sustainability initiatives.
b. Objective 1.7 'The City shall eliminate blighted residential
neighborhoods and business districts through the adoption and
implementation of Community Redevelopment Plans within the
commercial and residential Community Redevelopment Area. This
includes areas east of 1-95, notably in the Federal Highway corridor,
the Heart of Boynton and. Boynton Beach Boulevard areas, and the
Ocean District.
Policy 1.7.3 The City shall require that designs for .redevelopment and
infill projects encourage the use of public transit pedestrian and
bicycle travel as alternatives to the car and shall maximize personal
safety.
7. Objective 1.8 The City shall discourage the proliferation of urban
s rp awl. and shall facilitate_ a compact urban development pattern that
Provides opportunities to more efficiently use and develop
infrastructure, land., and other resources and services by concentrating
more intensive growth within the City and the City's utility service
area.
Policy 1.8.2 The City shall fiarther discourage urban sprawl by;
A. Preventing the presence or frequency of the primary indicators
of urban sprawl through continuous promotion of compact
develo ments within the City's utility service areas, while
requiring the maximization of all public services for each
development in the most cost effective manner possible; and
B. Requiring, in all future development and redevelopment in the
City, land use patterns that are non -strip in nature and
demonstrate the ability to attract and encourage a i'Uictional mix of
uses.
8, Objective 1.18 The City shall encourage transit -su -supportive land
development patterns to promote multi -modal transportatiq.n and
increased mobility.
26083136v1
April 26, 2016
Page No. 5
Policy 1.18.2 The City shall a.im to transform the Downtown TOD
District area into an active, mixed. -use, pedestrian -friendly actives
zoo supporting new housing to increase potential _ridership,
intensifying land development activity and adding --amenities and
destination uses for fixture transit riders. The City shall strive to
achieve this goal through facilitating compact high density and
].ntensity development of a varied mix of land uses.
d. The Citv shall ensure that new development contributes to the
creation of an enhanced pedestrian environment through well -
located public plazas, expanded public sidewalks, and pedestrian -
scaled street and block structure for maxi.mi.zed internal and
external connectivity.
The proposed request to deviate from build -to line requirements complies with the
following goals, objectives, and policies of the Transportation Element of the
City's Comprehensive Plan:
1. Goal 2 To develop and maintain a transportation system which will
serve the transportation needs of all sectors of the City of Boynton.
Beach in a safe, efficient, cost effective, and aesthetically pleasW_ ,,
manner that promotes multimodal transportation options, such as
walking, bicycling, and transit.
2. Objective 2.4 The City shall develop and maintain a safe, convenient,
multimodal transportation system, including vlkin bicycling, and
Ru hlic transit, which will meet future as well as current transportation
needs, particularly within the TCEA and the CRA.
Policy 2.4.12 The City shall promote a variety of translation
choices within the Communitv Redevelopment Area (CRA) by
supporting the following design features for streets within the TCEA
boundaries: low speed turning radii; new continuous and permanent
on -street parking; pedestrian -scaled lighting; narrow travel lanes; curb
extensions or bulb outs; installation of shading street trees; bus stops
and other transit enhancements; widening sidewa,lk.s installation of
bicycle lanes; and use of brick crosswalks.
4, Policy 2.4.15 The City shall investigate the opportunity for expanding
the Palm Beach water tax]. service to include stops in Boynton Beach,
The City shall apply for capital funding available through the
Metropolitan Planning Organization for water taxi stops when the
service is determined to be feasible in the southern portions of Palm
Beach County,
26083136v1
April 26, 2016
Page No. 6
5. Policy 2.4.17 The City shall strive to adapt its transportation network
to accommodate the anticipated passenger rail service on the FEC
Corridor. with a new station in the City's CRA. To implement transit -
oriented development and provide superior access to the future
downtown station, the City shall plan for:
a. "Complete streets", accommodating all modes of transportation.
(automobile as well as pedestrian, bicycle, and transit), to be
interconnected with surrounding developments and neighborhoods
within the Downtown TOD District.
b. Short blocks that will allow for an interconnected roadway
network to be created over time, with new streets, alleys and
pedestrian p4ss4 Teg_way,s to ensure that blocks are easily walkable to
maximize pedestrian and bicycle access to the future station. from
the Downtown TOD District and beyond.
c. Pedestrian- and bicycle -friendly design standards for new streets
and for retrofitting existing streets to match their new function.
6. Objective 2.6 The City shall provide for private sector responsibility to
implement project related transtortation improvements, including
bicycle, pedestrian,_ and public transit infrastructure, particularly within.
the TCFA.
7, Policy 2.7.4 The City shall promote Transportation Demand
Management strategies such as car pooling, transit, and parking
priorities to alleviate peak. hour and/or peak season traffic congestion
through public/private partnerships (c.g, Transportation Management
Associations and/or Parking Management Associations).
8. Policy 2.7.6 By 2006, the City shall develop transportation system
management strategies to more effectively manage the transportation
system including, but not limited to, parking management strategies,
signal timing coordination, and programs that increase walking and/or
bicycling.
9. Policy 2.10.3 The City shall continue to maintain active and positive
relationships with the Florida Department of Transportation, Palm
Beach County, adjacent municipalities, and other relevant public and
private entities in order to support and engage in cooperative funding
of transportation improvements.
10. Objective 2.11 The City shall continue to assist Palm Tran in
providing efficient ILublic transit services based on existing and future
26083136v1
April 26, 2016
Page No. 7
trip generators and attractors and also provide local public transit road
and terminal areas which are safe for transit users.
11. Policy 2,11.1 The City shall support the transit shelter and terminal
development programs of Palin Tran, the proposed High Speed Rail
Project and of the Tri -Rail Authority.
12. Policy 2.11.2 The City shall continue to modify and enforce
regulations to encourage the provision of transit related shelters in
major land development projects.
13. Policy 2.11.5 As part of the transit study in Policy 2.4. 10 and in
cooperation with Palm Tran, the City shall evaluate transit service
within the CRA boundaries and identify needs for route realign.nlents
and/or bus stop improyernents such as well-designed shelters, bicycle
parking, route information, benches, waste receptacles, pedestrian
access to- stops/shelters or the need^for nev!_l�,iz� stops. Based upon the
conclusions of the transit study, the City will work with Palm Tran to
program recommended actions and modifications to the existing transit
system within the CRA boundaries.
The proposed request to deviate from build -to line requirements complies with the
following goals, objectives, and policies of the Recreation and Open Space
Element of the City's Comprehensive Plan:
1. Goal 5 To create and maintain an interconnected system of
aestheticalI pleasing, fin ctional, and well-maintained les,
pedestrian/ bikeways, greenways, blueway_s. and natural areas that will
adequately serve the needs of the current and future residents of the
City of Boynton Beach, including seasonal visitors, and special groups
such as the elderly and handicapped.
The City shall also continue to provide a variety of high quality parks
and recreation related programs for al1 residents.
2 Ob%ective 5.1 The City shall provide a system_ of park sites with a
variety of both user -oriented and resource based facilities and
recreational programs to serve the needs of current and future City
residents consistent with the Strategic Plan, dated April 2007 as
defined in the Technical Support Documentation.
Elements of the system shall include:
• Urban. Ogen / Civic Spaces
Neighborhood Parks
• Community Parks
Special Use Facilities
26083136vl
April 26, 2016
Page No. 8
• Water / Beach Access
Greenways / Bikeways / Trails
Conservation Lands
* Regional Parks
• Schools / School Parks
* Private Recreational Facilities
* Art in Parks and other Public Spaces
3. Objective 5.2 The City shall ensure adequate and safe public access to
all existing and future City parks, recreational facilities, and local
waterwa s. This effort shall include vehicular, pedestrian, trail,
bicycle, and handicapped access and shall continue to improve and
increase access to parks and recreational facilities, where available
space exists, by providing adequate automobile parking, bike rack
facilities, and handicap access to all existing and planned,
neighborhood and community parks operated by the City by the year
2013.
4. Objective 5.4 The City shall maximize the use of public andrin vate
resources in the provision of recreational facilities to meet current and
future demands.
Policy 5.4,1 The City shall require the provision of recreation facilities
and open space by public agencies and private developers.
Policy 5.4.2 City shall. ensure that future private, as well as dedicated
areas, are developed to meet identified needs of residents and address
eo ra hic deficiencies.
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 i_nt^nt of the Riverwalk Pha a redevelopment plan is to utilize an existing blipht.ed.
site located in the CRA and improve it within the context of its existing conditions. The
Property is constrained by an existing long term lease with Wendy's that prevent Isram
from demolishing all the existing building. The Wendy's lease extends to 2037, including
all. renewal options, isram proposes to improve the existing parking field behind the
Wendy's parcel to improve the traffic flow and aesthetics of the Property. The Property
will be greatly enhanced with new code compliant parking, improved landscaping,
clearly delineated pedestrian paths as well as new shade structures and a public plaza
along the Intracoastal. The Federal Highway frontage as well as the new public plaza
area along the Intracoastal Waterway will be a focal point for public art. Because the site
encompasses almost 10 acres along the entire corner of intersection, the character of all
26083136v1
April 26, 2016
Page No. 9
of the improvements and new construction will establish a sense of place and enhance the
character of the area.
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.
The purpose of the build -to line is to enhance the areas immediately adjacent to the
rights-of-way for the public and pedestrians to experience as they drive by and walk the
arca. The intent is to also screen other non-active uses such as parking areas. To comply
with this standard, a new commercial building will be constructed along the Federal
Highway right-of-way that will incorporate shade structures, outdoor seating areas, public
artwork, and landscaping to create a perimeter that not only greatly improves the right-of-
way views, but also screens the required parking. 'these structures will frame the
streetscape and contribute to a well-defined, consistent visual corridor that encourages
walkability and activity along its length.
Allowing this design will provide for a betterment of the Property for the public because
clearly marked pedestrian paths will lead to a public boardwalk that is included in
':ithe
redevelopment plan. Currently the public has little opportunity to access the Intracoastal.
Waterway from the Property because a vacant big -box consumes most of the Property's
frontage along the Intracoastal and the rear of the big box which is seen from the
Intracoastal is an eyesore. The redevelopment plan provides for public access through a
public boardwalk which will provide a public benefit to the residents of the development
and the citizens of Boynton Keach.
d. Whether the proposed request is intended to save or preserve existing trees or
desired flora.
A tree survey was submitted with the site plan noting all significant trees and
landscaping on site. The site has relatively few significant trees given the size of
the site, and the parking areas currently do not meet the intent of the code as it
relates to landscaping. The Riverwalk Plaza redevelopment proposal will
preserve any significant trees and flora where possible but will greatly enhance
the site with additional code compliant landscaping that will be designed in
conjunction with the new residential structure and enhanced pedestrian and
vehicular areas.
(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
The primary reason for the request to deviate from the build -to line is because
there are existing leases and code required parking serving those tenants that have
long term leases. Based on lease provisions, the location of these spaces cannot
26083136v1
April 26, 2016
Page No. 10
be relocated and the number of spaces required precludes them from being
removed. In addition, additional buildings would add to the required parking. To
wait for the existing leases to expire would prevent the entire project from being
incrementally improved. If the Applicant is prevented from implementing the
redevelopment plan, the CRA and City residents will be left with a dilapidated.,
underutilized center that will inhibit the redevelopment of the surrounding area.
(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.
Any healthy, non-invasive trees shall either remain in place or be transplanted to
another suitable location. Any other trees that are removed for any other reason
shall be replaced according to the City Code requirements.
e. Whether the proposed request will have adverse environmental impacts
that cannot be prevented by the imposition of conditions.
The site does not contain any environmentally significant characteristics. 'There
will be no adverse impacts with the implementation of the redevelopment plan.
f. Whether the proposed request will have an adverse impact on
property values of abutting or adjacent land.
There will be no adverse impacts on the adjacent properties. By improving the
Property and adding new a residential component that will help Support the
nearby commercial uses and activate the street frontage, the redevelopment plan
supports the CRA plan, and all surrounding property values in the area will
increase as a result of the redevelopment.
g. Whether the proposed request will seriously reduc-, the quality or
quantity of light and air available to adjacent properties.
There viill be no appreciable impact of light and air to adjacent properties due to
the setback of the new proposed residential building. The main new structure sits
to the east end of the site thereby shadowing only the Property itself during the
morning hours. To the north is a parking area and Woolbright Road. To the east
is the Intracoastal Waterway and the properties across the waterway are
approximately 400 feet away. A shadow study has been provided to show the
shadow during the equinoxes. The residential building is designed to stepback
from the Intracoastal Waterway to minimize the shadows to the east.
26083136v1
April 26, 2016
Page No. 11
h. Whether the proposed request is necessary to further the objectives
of the city to assist with economic development and business promotion.
'Yhe site is underutilized today with a large "big box" that is primarily vacant due
to the loss of Winn Dixie. This coupled with a largely underutilized surface
parking lot creates a blighted area with little economic value. By adding a
significant amount of residents to the area, economic viability of the nearby
commercial and retail uses will be improved. Renovating the existing Joann's
Fabric/Walgreens building will improve its aesthetic value and will. further
enhance the economic viability of those and surrounding businesses. Adding
structures and landscaping along the rights-of-way will dramatically improve the
corner of Federal and Woolbright and will help repair the fabric of the city in this
location.
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 redevelopment plan meets the intent of these regulations and supports site
development standards such as sustainable strategies by creating a more walkable
and transit supportive environment, adding trees and landscaping to help reduce
the heat island effect, adding native landscaping to reduce water consumption and
reinvigorating an existing, underutilized site.
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