Agenda 10-26-21C I TY O F B O Y N TO N B E A C H
P L AN N I N G AN D D E VE L OP ME N T B OARD
ME E T I N G AG E N D A
D AT E: Tuesday, October 26, 2021 T I M E : 6:30 P M
P L AC E :City Hall Commission Chambers, 100 E . Ocean Avenue
1.Pledge of Allegiance
2.Roll Call
3.Agenda Approval
4.Approval of Minutes
4.A.Approve board minutes from the 09/28/21 Planning & Development Board meeting.
5.Communications and Announcements: Report from Staff
6.Old Business
7.New Business
7.A.C LM Apartments Abandonment (AB AN 21-004) - Request for the abandonment of a 119-foot
long segment of the 57-foot wide S E 21st Avenue right-of-way, extending from the F E C Railroad
right-of-way to S E 3rd Street. Applicant: Lawrence Mastropieri, C LM Capital L L C.
7.B.C LM Apartments (L U AR 21-001) - Approve request for Future Land Use Map amendment from
Medium Density Residential (ME D R) to High Density Residential (HD R), and Rezoning from R-3,
Multi-Family 11 du/ac to I P UD, I nfill Planned Unit Development, property located at 2107 S E 3rd
St. Applicant: Lawrence Mastropieri, C L M Capital LLC.
7.C.CLM Apartme nts (M SP M 21-002) - Approve Major Site Plan Modification to allow the
addition of a four (4) unit apartment building, associated parking and related site
improvements, on a 0.86-acre parcel, located at the northwest corner of SE 20th Court
and S E 3rd Street, and east of the F EC Railroad, in the IPUD (Infill Planned Unit
Development) zoning district. Applicant: Lawrence Mastropieri, C LM Capital LL C.
8.Other
9.Comments by members
10.Adjournment
T he 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. B oard members may not participate further even when
purportedly acting in an informal capacity.
Notice
Any pe rson who de cides to appeal any decision of the planning and de v e lopme nt board
Page 1 of 61
with respect to any matter conside re d at this me eting will ne ed a re cord of the procee dings
and for such purpose may ne e d to ensure that a v erbatim re cord of the procee ding is made,
which record includes the testimony, and ev idence upon which the appe al is to be base d. (f.
S. 286.0105) The city shall furnish appropriate aux iliary aids and se rv ice s where nece ssary
to afford an indiv idual with a disability an equal opportunity to participate in and enjoy the
benefits of a se rv ice , program, or activ ity conducted by the city. Ple ase contact the City
Clerk's office, (561) 742-6060, at le ast forty -eight (48) hours prior to the program or activity in
order for the city to re asonably accommodate y our re quest.
Page 2 of 61
4.4.A.
Approval of Minutes
10/26/2021
CIT Y OF BOY NTON BEACH
AG ENDA I TEM REQUEST F ORM
P LAN N IN G AN D D E V E L O P ME N T ME E TIN G D AT E: 10/26/2021
R E Q U E S TE D AC T IO N B Y P L AN N IN G AN D D E V E LO P ME N T B O AR D: Approve board minutes from
the 09/28/21 Planning & Development Board meeting.
E X P LAN ATIO N O F R E Q U E S T:
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S?
FIS C AL IMPAC T:
ALT E R N ATIV E S:
S TR ATE G IC P LAN:
S TR ATE G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N AP P LIC AT IO N:
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Minutes 09-28-21 Minutes
Page 3 of 61
MINUTES
a
PLANNING AND DEVELOPMENT BOARD
100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA
TUESDAY, SEPTEMBER 28, 2021, 6:30 P.M.
PRESENT: STAFF:
Trevor Rosecrans, Chair Mike Rumpf, Planning & Zoning Administrator
Butch Buoni, Vice Chair Sean Swartz, City Attorney
Tim Litsch John Kuntzman, Building Official
Darren Allen Lisa Tayar, Prototype, Inc.
Kevin Fischer
Lyman Phillips, Alternate
Jay Sobel, Alternate
ABSENT:
Thomas Ramiccio
Chris Simon
The meeting was called to order at 6:47 p.m.
1. Pledge of Allegiance
2. Roll Call
Roll was called and it was determined a quorum was present.
3. Agenda Approval
Motion made by Vice Chair Buoni, seconded by Mr. Sobel, to approve the agenda. In a voice vote, the
agenda was unanimously approved (7-0).
4. Approval of Minutes
4.A. Approve board minutes from the 05/25/2021 Planning & Development Board meeting.
Motion made by Mr. Sobel, seconded by Vice Chair Buoni,to approve the May 25,2021 meeting minutes.
5.Communications and Announcements: Report from Staff
Mr. Rumpf thanked the Board for their service.
Mr. Rumpf reported that staff is nearing completion of an amendment to City sign regulations. Target
areas have been reviewed and problems with compliance issues are being addressed. The regulations are
being reviewed mainly for business promotion and development purposes. Money has come in from
Page 4 of 61
Meeting Minutes
Planning and Development Board
Page 2 September 28, 2021
Federal and State offices to assist businesses impacted by Covid, but not enough for all who needed it.
The City is looking at additional signage provisions which could be beneficial to local businesses.
There have been recent instances where residential communities have requested expansion or replacement
of non-conforming signage. Amendments are proposed in that area as well.
A notice and draft of the amendments were placed on the City's website to collect public comments;
however, there are glitches in the document which will need further cleaning up, although Mr. Rumpf
expects the document to be ready for distribution the following day. The City will also be reaching out to
sign contractors and the business community. A final draft will be provided to the Board next month prior
to submission to the Commission. Ongoing draft revisions with significant changes will be provided to
the Board as available.
6.Old Business - none
7. New Business
7.A. Flood Mitigation & CRS Rating (CDRV 21-002) -Approve proposed amendments to
the Land Development Regulations, Chapter 1. General Administration,Article IL Definitions, and
Chapter 4. Site Development Standards, Article X. Flood Prevention Standards necessary to
maintain compliance with FEMA requirements and to maximize the City's CRS score. Applicant:
City initiated.
Mr. Rumpf advised that FEMA sets down rules for cities to follow with regard to flood plain management,
which are reflected in Land Development Regulations and the Florida Building Code. FEMA has made
recent changes to the flood maps, which will affect home construction and flood insurance premiums.
Premiums are impacted by a city's rating as a result of audits conducted every three years by FEMA
representatives. Audits are another opportunity for the City to drop or increase its rating. A rating increase
could result in as much as a five percent reduction in insurance premiums.
Provisions have been removed for mobile homes and mobile home parks within high flood hazard areas
and definitions had been changed per FEMA's request.
Mr. John Kuntzman has worked closely with the State's Flood Plain Office on the changes, having
obtained preliminary support and approval. A handout flood map was provided as a visual aid for the
Board members.
Mr. Rumpf introduced John Kuntzman, City Building Official and Official Flood Plain Manager, who
was in attendance to answer any questions of the Board.
Mr. Fischer inquired regarding the prohibition of the placement of manufactured homes and was advised
by Mr. Rumpf that restrictions would be on new manufactured homes, although he pointed out that there
are no mobile homes or mobile home parks within the subject areas.
Page 5 of 61
Meeting Minutes
Planning and Development Board
Page 3 September 28, 2021
Chair Rosecrans then opened the meeting to public comment.
Mr. Ernest Mignoli, 710 SE 7 Street, commented on saltwater intrusion and its affect on buildings,
suggesting that the City is remiss in taking responsibility for building inspections.
Motion made by Mr. Sobel, seconded by Vice Chair Buoni, to approve item 7.A. In a voice vote, the
motion passed unanimously (7-0).
8.Other—none
9.Comments by Members
Mr. Sobel commended City administration who had reached out to him after he had expressed his
dissatisfaction and concerns regarding lack of handicap accessibility at City Hall. It was explained that
mistakes had been made which are in the process of being rectified.
10. Adjournment
Upon Motion duly made and seconded, the meeting at was adjourned at 7:18 p.m.
Minutes prepared by L. Tayar,Prototype,Inc.]
Page 6 of 61
7.7.A.
New Business
10/26/2021
CIT Y OF BOY NTON BEACH
AG ENDA I TEM REQUEST F ORM
P LAN N IN G AN D D E V E L O P ME N T ME E TIN G D AT E: 10/26/2021
R E Q U E S TE D AC T IO N B Y P L AN N IN G AN D D E V E LO P ME N T B O AR D: C L M
Apartments Abandonment (AB AN 21-004) - Request for the abandonment of a 119-foot long segment of
the 57-foot wide S E 21st Avenue right-of-way, extending from the FE C Railroad right-of-way to S E 3rd
Street. Applicant: Lawrence Mastropieri, C L M Capital LLC.
E X P LAN ATIO N O F R E Q U E S T:
T he applicant, Lawrence Mastropieri with C LM Capital LL C is requesting the abandonment (ABAN
21-004) of a portion of the unimproved 57-foot wide right-of-way of SE 21st Avenue, approximately
119 feet measured from the Florida East Coast Railroad right-of-way to S E 3rd Street (see Exhibit
“A” – Location Map). T he request for abandonment has been filed concurrent with a Major Site Plan
Modification Application (MSP M 21-002), and a Future Land Use Map Amendment and Rezoning
Application (L U AR 21-001). T he subject request has been filed along with applications for Future
Land Use Map Amendment and Rezoning, and a Major Site Plan Modification to allow the
addition of a four- (4) unit apartment building to an existing multifamily residential development,
associated parking and related site improvements.
Staff recommends that the subject request be approved.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? N/A
FIS C AL IMPAC T: N/A
ALT E R N ATIV E S: None recommended
S TR ATE G IC P LAN:
S TR ATE G IC P LAN AP P LIC AT IO N: N/A
C L IMAT E AC T IO N AP P LIC AT IO N: N/A
Is this a grant?
Page 7 of 61
Grant Amount:
AT TAC H ME N TS:
Type Description
Staff Report Staff Report
Location Map Exhibit A - ROW Abandonment Location Map
Drawings Exhibit B - Survey
Agreement Exhibit C - Abutting Property Owners Consent to
Abandon ROW-
Conditions of Approval Exhibit D - Conditions of Approval
Page 8 of 61
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 21-012
TO: Chair and Members
Planning & Development Board
FROM: Luis Bencosme
Planner II
THRU: Mike Rumpf
Planning & Zoning Administrator
DATE: October 18, 2021
SUBJECT: Approve request for Abandonment (ABAN 21-004) of the 119-foot long
segment of the 57-foot wide SE 21st Avenue right-of-way, between the FEC
Railroad Right-of-Way to SE 3rd Street. Applicant: Lawrence Mastropieri,
CLM Capital LLC.
BACKGROUND
The applicant, Lawrence Mastropieri with CLM Capital LLC is requesting to abandon (ABAN 21-004)
a portion of the unimproved 57-foot wide right-of-way of SE 21st Avenue, approximately 119 feet
measured from the Florida East Coast Railroad right-of-way to SE 3rd Street (see Exhibit “A” –
Location Map). The request for abandonment is concurrent with a Major Site Plan Modification
Application (MSPM 21-002) and a Land Use Map Amendment and Rezoning Application (LUAR 21-
001) for a proposed Infill Planned Unit Development, CLM Apartments, to construct a new four (4)
unit apartment building to an existing multi-family development, associated parking and related site
improvements. This abandonment is for the following street segment:
PARCEL 'B'
TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE
PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA,
LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN
DESCRIBES AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE
SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO
SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF
89°22'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT
ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31
CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO
NORTH EAST OF 112°35'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINING.
CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS.
The location map attached as Exhibit "A” shows the location of the right-of-way to be abandoned.
The attached Exhibit “B” is a Boundary Survey of the portion of the right-of-way to be abandoned
and associated legal description.
The segment of the right-of-way to be abandonment has an existing driveway that provides access
to the adjacent property to the south (2201 SE 3rd Street, Lot 31). The applicant submitted a letter of
consent signed by the adjacent property owner, as well as a written agreement regarding the
Page 9 of 61
Page 2
Memorandum No. PZ 21-012
ABAN 21-004
relocation of the existing driveway. According to the agreement, the applicant is fully responsible for
the construction of an alternate access driveway connecting to SE 3rd Street, as well as the costs
associated with the project” (See Exhibit C). A condition of approval has been added to the
Development Order to ensure the required access driveway is constructed prior to recordation of
this Abandonment application with Palm Beach County (see Exhibit D).
The following is a description of the zoning districts and land uses of the properties that surround the
subject right-of-way abandonment request:
Adjacent Uses:
North:
Developed multi-family residential parcel (CLM Apartments) classified
Medium Density Residential (MEDR) and zoned Multi-Family Residential
(R3).
South:
Developed single-family properties classified Medium Density
Residential (MEDR) and zoned Multi-Family Residential (R3).
East:
Right-of-way of SE 3rd Street; further east developed single-family
properties classified Medium Density Res idential (MEDR) and zoned
Multi-Family Residential (R3).
West:
FEC Railroad followed by developed multifamily properties classified
Medium Density Residential (MEDR) and zoned Duplex (R2).
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and
signs posted for the Planning & Development Board and City Commission hearing dates. The
applicant has certified that they posted signage and mailed notices in accordance with Ordinance
No. 04-007. A summary of the responses follows:
CITY DEPARTMENTS/DIVISIONS
Engineering No objection.
Public Works/Utilities No objection, with the following Conditions of Approval:
1. Provide a 25-foot wide utility easement along the
south property – as depicted on the associated Major
Site Plan Modification Application (MSPM 21-002) –
prior to permitting (see Exhibit D).
2. Walls, fences and other structures are prohibited
within the easement (see Exhibit D).
Planning and Zoning No objection, with recommended conditions (see Exhibit D)
PUBLIC UTILITY COMPANIES
Florida Power and Light No response received as of the date of this report. Should
any utility companies that have not responded to the request
for abandonment as of the date of this report require
relocation of utilities, the property owner is responsible for the
Page 10 of 61
Page 3
Memorandum No. PZ 21-012
ABAN 21-004
relocation and associated costs.
AT&T No objection.
Florida Public Utilities No objection.
Comcast No objection.
RECOMMENDATION
Staff has determined that the requested abandonment would not adversely impact traffic or other
City functions and would not adversely impact other adjacent property owners. Based on the above -
analysis, staff has determined that the subject right-of-way segment no longer serves a public
purpose other than retention of necessary utility easements and therefore recommends APPROVAL
of the requests, subject to the attached conditions. Any conditions requested by the Planning and
Development Board or required by the Commission will be placed in E xhibit “D” - Conditions of
Approval.
S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\ABAN 21-004\Abandonment of ROW \CLM Apartments_Staff Report ABAN
21-004.doc
Page 11 of 61
F E C R a i l r o a d
SE 20th Ct SE 3rdStSE
21st
Ave
S E 21 s t Ave
SE 3rd StExhibit A: R.O.W. AbandonmentExhibit A: R.O.W. Abandonment
CLM Apartments ABAN 21-004CLM Apartments ABAN 21-004
¹0 25 50 75 10012.5
Feet
Proposed
Abandonment
Page 12 of 61
Page 13 of 61
Page 14 of 61
EXHIBIT D
Conditions of Approval
Project Name: CLM Apartments
File number: ABAN 21-004
Reference: 2nd review plans identified as a Right-of-Way Abandonment with a September 9,
2021 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. A 25-foot wide utility easement along the south property line is
required prior to permitting. X
PLANNING AND ZONING
Comments:
2. Right-of-Way Abandonment approval is contingent upon
approval of the associated Land Use Map Amendment and
Rezoning (LUAR 21-001) and Major Site Plan Modification
(MSPM 21-002) applications.
X
3. The segment of S.E. 21st Avenue (a.k.a. Sunny Oaks Addition,
Lot 14) to be abandoned is serving a pu blic purpose as it
provides access to the adjacent property (Crestview Boynton
Beach, Lot 31). Be advised that Planning and Zoning approval of
this Right-of-Way Abandonment request is contingent upon the
construction of an alternate access driveway connecting to SE 3rd
Street prior to recording the Abandonment documents with Palm
Beach County. Please coordinate the submittal of a Right-of-W ay
Permit for the required driveway with the City’s Engineering
Division.
X
UTILITY PROVIDERS
Comments:
4. Should any utility companies that have not responded to the
request for abandonment as of the date of this report require
relocation of utilities, the property owner is responsible for the
relocation and associated costs.
X
PLANNING & DEVELOPMENT BOARD CON DITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be Determined
Page 15 of 61
CLM Apartments (ABAN 21-004)
Conditions of Approval
Page 2 of 2
DEPARTMENTS
INCLUDE
REJECT
ADDITIONAL REPRESENTATIONS / COMMITMENTS
The applicant or applicant’s representatives made the following
representations and commitments during the q uasi-judicial and/or public
hearings that now constitute binding obligations of the applicant. The
obligations have the same weight as other conditions of approval.
S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\ABAN 21-004\Abandonment of ROW \Exhibit D - ABAN 21-004 COA.doc
Page 16 of 61
7.7.B.
New Business
10/26/2021
CIT Y OF BOY NTON BEACH
AG ENDA I TEM REQUEST F ORM
P LAN N IN G AN D D E V E L O P ME N T ME E TIN G D AT E: 10/26/2021
R E Q U E S TE D AC T IO N B Y P L AN N IN G AN D D E V E LO P ME N T B O AR D: C L M Apartments (L U AR
21-001) - Approve request for Future Land Use Map amendment from Medium Density Residential (ME D R)
to High Density Residential (HD R), and Rezoning from R-3, Multi-Family 11 du/ac to I P UD, I nfill Planned
Unit Development, property located at 2107 S E 3rd St. Applicant: Lawrence Mastropieri, C LM Capital L L C.
E X P LAN ATIO N O F R E Q U E S T:
The subject site is developed and contains two (2), four-unit multi-family buildings and assoc iated parking lots
which were constructed in 2000 acc ording to P alm Beac h County Property Appraiser records. I n 2019, the
site was sold to 2107 S E 3rd S T. L L C, the current property owner.
The site c urrently has a Future Land Use designation of Medium Density Residential and is zoned R-3,
Multi-Family, which permits up to 11 dwelling units per acre, or a total of eight units at the subject site. The site
is located within the Federal Highway District of the C RA’s Community Redevelopment Plan (C RA Plan). The
C RA Plan recommends for the site, the Future Land Use designation of High Density Residential and
corresponding Zoning designation, I nfill Planned Unit Development. The High Density Residential
classification allows a maximum density of 15 dwelling units per acre. The owner has submitted an application
to amend the Future Land Use Map to High D ensity Residential and to rezone the property to I nfill Planned
Unit Development in alignment with the C RA Plan.
As per Chapter 2, Article I I , Section 2 of the C ity’s Land D evelopment Regulations, a Major Site Plan
Modification (MS P M 21-002) and abandonment of S E 21st Ave (A B A N 21-004) has been applied for
concurrently with this request. The applicant proposes the construction of one additional two-story, four-unit
multi-family residential building to be located north of the two existing multi-family residential buildings that
currently exist at the site, resulting in a total of 12 dwelling units.
Staff recommends that the subject request be approved.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? N/A
FIS C AL IMPAC T: N/A
ALT E R N ATIV E S:
None recommended
S TR ATE G IC P LAN:
S TR ATE G IC P LAN AP P LIC AT IO N: N/A
C L IMAT E AC T IO N AP P LIC AT IO N: N/A
Page 17 of 61
Is this a grant?
Grant Amount:
AT TAC H ME N TS:
Type Description
Staff Report Staff Report
Location Map Exhibit A - Location Map
Exhibit Exhibit B - Existing Zoning
Exhibit Exhibit C - Proposed Zoning
Exhibit Exhibit D - Existing Future Land Use
Exhibit Exhibit E - Proposed Future Land Use
Page 18 of 61
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 21-013
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Administrator
FROM: Andrew Meyer, Senior Planner
DATE: October 19, 2021
PROJECT: CLM Apartments
LUAR 21-001
REQUEST: Approve CLM Apartments request for Future Land Use Map
amendment from Medium Density Residential (MEDR) to High Density
Residential (HDR), and Rezoning from Multi-Family 11 du/ac (R3) to
Infill Planned-Unit Development (IPUD), property located at 2107 SE 3rd
St. Applicant: Lawrence Mastropieri, CLM Capital LLC.
________________
PROJECT DESCRIPTION
Property Owner: CLM Capital LLC through 2107 SE 3rd St LLC
Applicant: Lawrence Mastropieri, CLM Capital LLC
Agent: Christi Tuttle and Bradley Miller, Urban Design Studio
Address: 2107 SE 3rd Street
Location: Northwest of where SE 20th Court and SE 3rd Street meet and east of
the FEC Railroad.
Existing Land Use: Medium Density Residential (MEDR)
Proposed Land Use: High Density Residential (HDR)
Existing Zoning: Multi-Family Residential (R3)
Proposed Zoning: Infill Planned-Unit Development (IPUD)
Proposed Use: Multi-Family Residential
Acreage: 0.86 acres
Page 19 of 61
Page 2
CLM Apartments
LUAR 21-001
2
Adjacent Uses:
North: Vacant residential parcel with a Future Land Use designation of Medium
Density Residential (MEDR) and zoned Multi-Family Residential (R3);
further north developed parcel with an existing place of worship and
with a Future Land Use designation of Medium Density Residential
(MEDR) and zoned Multi-Family Residential (R3).
South: SE 21st Avenue right-of-way (to be vacated); further south developed
single-family property with a Future Land Use designation of Medium
Density Residential (MEDR) and zoned Multi-Family Residential (R3).
East: Developed single-family properties with a Future Land Use designation
of Medium Density Residential (MEDR) and zoned Multi-Family
Residential (R3).
West: Florida East Coast (FEC) Railroad right-of-way, followed by developed
multi-family properties with a Future Land Use designation of Medium
Density Residential (MEDR) and zoned Duplex (R2) and Planned Unit
Development (PUD).
BACKGROUND
The existing site is developed, and contains two (2), four-unit multi-family buildings and
associated parking lots which were constructed in 2000 according to Palm Beach County
Property Appraiser records. In 2019, the site was sold to 2107 SE 3rd ST LLC, the current
property owner of the site.
The site currently has a Future Land Use designation of MEDR and a Zoning designation of R3,
which permits up to 11 dwelling units per acre, or a total 8 units at the subject site. The site is
located within the Federal Highway District of the CRA’s Community Redevelopment Plan (CRA
Plan), which recommends a Future Land Use designation of HDR and corresponding zoning
designation of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The
owner has submitted an application to change the Future Land Use to HDR and amend the
Zoning of the the property to IPUD in alignment with the CRA Plan, which, with a proposed
abandonment of SE 21st Ave, would permit a total of 12 units at the site.
As per Chapter 2, Article II, Section 2 of the City’s Land Development Regulations, a site plan
(MSPM 21-002) and abandonment of SE 21st Ave (ABAN 21-004) has been applied for
concurrently with this request. The applicant proposes the construction of an additional two-
story, four-unit multi-family residential building to be located north of the two existing multi-family
residential buildings that currently exist at the site, resulting in a total of 12 dwelling units.
PROCESS
Since the size of the property under consideration does not exceed 50 acres, does not involve a
text change to the goals, policies, and objectives of the comprehensive plan, and is not located
within an area of critical state concern, the proposed Future Land Use Map amendment is
subject to the small-scale comprehensive plan amendment process per provisions of Chapter
Page 20 of 61
Page 3
CLM Apartments
LUAR 21-001
3
163.3187, Florida Statutes. The final adoption by the City Commission is tentatively planned for
December 2021.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and Zoning Map amendments
are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section
2.D.3. These criteria are required to be part of a staff analysis when the proposed change
includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a Zoning
Map amendment.
a. Demonstration of Need. A demonstration of need may be based upon changing conditions
that represent a demand for the proposed land use classification and zoning district.
Appropriate data and analysis that adequately substantiates the need for the proposed land
use amendment and rezoning must be provided within the application.
The City has expressed desire to increase the supply of attainable housing within it’s limits. The
proposed Future Land Use and Zoning Map amendments, in conjunction with the
aforementioned abandonment, would permit the constructon of a total of four (4) dwelling units,
or three (3) more than what would be permitted under the current conf iguration and
designations.
b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and
rezoning would be consistent with the purpose and intent of, and promote, the applicable
Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations.
The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan
Future Land Use Element policies, including:
Policy 1.7.1 The City shall follow the recommendations of the adopted Community
Redevelopment Plan to the maximum extent feasible when reviewing
development applications pertaining to property within the Community
Redevelopment area.
Policy 1.8.2 The City shall discourage urban sprawl by ... continuing to promote
compact developments 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
Policy 1.9.1 New development and redevelopment shall be consistent with the policies
of the Future Land Use Element and conform to the Future Land Use
Map or, if applicable, comply with the Future Land Use recommendations
of the CRA Community Redevelopment Plan and any future
redevelopment plans.
Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices
by allowing a full range of residential densities to accommodate a
diversity of housing choices including, single family, multi-family,
manufactured and mobile dwellings and group homes.
Page 21 of 61
Page 4
CLM Apartments
LUAR 21-001
4
Furthermore, the site is located within the Federal Highway District of the CRA Plan, which
recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the
site, and allows for a density of up to 15 dwelling units per acre. As such, the proposed FLUM
amendment and Zoning Map amendment is consistent with the CRA Plan.
c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and
rezoning would be contrary to the established land use pattern, or would create an isolated
zoning district or an isolated land use classification unrelated to adjacent and nearby
classifications, or would constitute a grant of special privilege to an individual property owner
as contrasted with the protection of the public welfare. This factor is not intended to exclude
FLUM reclassifications and rezonings that would result in more desirable and sustainable
growth for the community.
The proposed four-unit multi-family residential building would be of the same scale of the
existing multi-family residential buildings on the site. In addition, the existing land use pattern
surrounding the site consists of an assortment of single-family, two-family, and multi-family
residential buildings, as well as parking lot facilities for a place of worship. Furthermore, as
stated in criterion “b”, the site is located within the Federal Highway District of the CRA Plan,
which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD
at the site, and allows for a density of up to 15 dwelling units per acre. The CRA Plan was
developed to guide more desirable and sustainable growth for the community. As such, the
proposed Future Land Use Map amendment and Zoning Map amendment would not create a
conflict with the established land use pattern and would result in more desirable and sustainable
growth for the community.
d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and
rezoning would support the integration of a mix of land uses consistent with the Smart
Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2)
access to alternative modes of transportation; and 3) interconnectivity within the project and
between adjacent properties.
The proposed FLU and Zoning designations support increasing density in close proximity to
complementary land uses and alternative modes of transportation, resulting in a neighborhood-
wide horizontal mix of uses. The site is approximately one-quarter of a mile from both Federal
Highway and Seacrest Boulevard, which both contain neighborhood-scale commercial uses.
Furthermore, two Palm Tran bus routes, Route 1 and Route 70 are accessible within walking
distance from the subject site.
e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map
amendments shall be reviewed for long-term capacity availability at the maximum intensity
permitted under the requested land use classification.
Water and Sewer. Long-term capacity availability for potable water and sewer for the subject
request has been confirmed by the Utilities Department. Both potable water and sewer mains
are available adjacent to the site.
Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal
capacity will be available at the existing landfill through approximately the year 2046.
Drainage. Drainage has be reviewed in detail as part of the site plan, land development, and
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LUAR 21-001
5
building permit review processes.
Traffic. The applicant has provided a letter from the Palm Beach County Traffic Division
indicating that the proposal meets the Traffic Performance Standards (TPS) of Palm Beach
County.
Schools. The School Capacity Availability Determination application has been submitted to the
School District of Palm Beach County.
f. Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would
be compatible with the current and future use of adjacent and nearby properties, or would
negatively affect the property values of adjacent and nearby properties; and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a
scale which is reasonably related to the needs of the neighborhood and the City as a whole.
See the responses to criteria “a”, “b” and “c”. The property will be difficult to develop under the
current R3 Zoning, as it would only allow for one additional dwelling unit next to existing multi-
family residential development.
As stated earlier in this report, the site is located within the Federal Highway District of the City’s
Community Redevelopment Plan (CRA Plan), which recommends a Future Land Use
designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up
to 15 dwelling units per acre. The proposed amendments would bring the site up to a density
which is consistent with the vision of the area and the City as a whole, and bring the Future
Land Use and Zoning Map designations into further consistency with existing redevelopment
plans.
g. Direct Economic Development Benefits. For rezoning / FLUM amendments involving
rezoning to a planned zoning district, the review shall consider the economic benefits of the
proposed amendment, specifically, whether the proposal would:
(1) Further implementation of the Economic Development (ED) Program;
(2) Contribute to the enhancement and diversification of the City’s tax base;
(3) Respond to the current market demand or community needs or provide services or retail
choices not locally available;
(4) Create new employment opportunities for the residents, with pay at or above the county
average hourly wage;
(5) Represent innovative methods/technologies, especially those promoting sustainability;
(6) Be complementary to existing uses, thus fostering synergy effects; and
(7) Alleviate blight/economic obsolescence of the subject area.
The proposed amendment would encourage development of the site and thus contribute to the
enhancement of the City tax base, as a demand for multi-family dwellings appears to continue
unabated.
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h. Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can be
recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying
at least four of the Direct Economic Development Benefits listed in subparagraph “g” above;
and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land use
designation and/or rezoning.
The proposed FLUM amendment and Zoning Map amendment would not reduce the amount of
land available for commercial/industrial development as the current zoning designation does not
permit commercial uses. The increase of dwelling units would result in a greater building area
and valuation than the potential of the existing Future Land Use and Zoning designations.
i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed
use in zoning districts where such use is already allowed.
There are no comparable sites. The subject site is looking for additional development options,
rather than alternate site location). See criterion “a.”
j. Master Plan and Site Plan Compliance with Land Development Regulations. When
master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall
comply with the requirements of the respective zoning district regulations of Chapter 3,
Article III and the site development standards of Chapter 4.
The proposed site plan complies with the requirements of the IPUD zoning district.
RECOMMENDATION
Staff has reviewed the proposed Future Land Use and Zoning Map amendments against the
review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c D.3 and h as found
the proposal to meet the aforementioned criteria. Therefore staff recommends that the request
be approved.
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S
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F E C R a i l r o a d
S E 1 s t Cir
SE 20th Ct
SE 21st Ave
SE 22nd AveSE 2nd StSE1stCirSE 21st AveSE 3rd StSE 3rd StS E 20th Ave
SE 4th StExhibit A: Location MapExhibit A: Location Map
CLM Apartments LUAR 21-001CLM Apartments LUAR 21-001
¹0 80 160 240 32040
Feet
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F E C R a i l r o a dSE 1st CirSE 20th Ct
SE 21st Ave
SE
22nd Ave SE 2nd StSE1stCirSE 21st AveSE 3rd StSE 3rd StSE 20th Ave
SE 4th StExhibit B: Existing ZoningExhibit B: Existing Zoning
CLM Apartments LUAR 21-001CLM Apartments LUAR 21-001
¹0 80 160 240 32040
Feet
Existing Zoning
R2 Duplex, 10 du/ac
R3 Multi Family, 11 du/ac
PUD Planned Unit Development
C1 Office Professional
C2 Neighborhood Commercial
C3 Community Commercial
PU Public Usage
Page 26 of 61
S
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F E C R a i l r o a dSE 1st CirSE 20th Ct
SE 21st Ave
SE
22nd Ave SE 2nd StSE1stCirSE 21st AveSE 3rd StSE 3rd StSE 20th Ave
SE 4th StExhibit C: Proposed ZoningExhibit C: Proposed Zoning
CLM Apartments LUAR 21-001CLM Apartments LUAR 21-001
¹0 80 160 240 32040
Feet
Existing Zoning
R2 Duplex, 10 du/ac
R3 Multi Family, 11 du/ac
PUD Planned Unit Development
C1 Office Professional
C2 Neighborhood Commercial
C3 Community Commercial
PU Public Usage
Annexation
Proposed
Zoning:
IPUD
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F E C R a i l r o a dSE 1st CirSE 20th Ct
SE 21st Ave
SE
22nd Ave SE 2nd StSE1stCirSE 21st AveSE 3rd StSE 3rd StSE 20th Ave
SE 4th StExhibit D: Exist. Future Land UseExhibit D: Exist. Future Land Use
CLM Apartments LUAR 21-001CLM Apartments LUAR 21-001
¹0 80 160 240 32040
Feet
Future Land Use
MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre
OFFICE COMMERCIAL (OC)
LOCAL RETAIL COMMERCIAL (LRC)
PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI)
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S
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F E C R a i l r o a dSE 1st CirSE 20th Ct
SE 21st Ave
SE
22nd Ave SE 2nd StSE1stCirSE 21st AveSE 3rd StSE 3rd StSE 20th Ave
SE 4th StExhibit E: Prop. Future Land UseExhibit E: Prop. Future Land Use
CLM Apartments LUAR 21-001CLM Apartments LUAR 21-001
¹0 80 160 240 32040
Feet
Future Land Use
MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre
OFFICE COMMERCIAL (OC)
LOCAL RETAIL COMMERCIAL (LRC)
PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI)
Proposed
FLU:
HDR
Page 29 of 61
7.7.C.
New Business
10/26/2021
CIT Y OF BOY NTON BEACH
AG ENDA I TEM REQUEST F ORM
P LAN N IN G AN D D E V E L O P ME N T ME E TIN G D AT E: 10/26/2021
R E Q U E S TE D AC T IO N B Y P L AN N IN G AN D D E V E LO P ME N T B O AR D: C L M Apartme nts (MSP M
21-002) - Approve Major Site Plan Modification to allow the addition of a four (4) unit apartment
building, associated parking and related site improvements, on a 0.86-acre parcel, located at the
northwest corner of S E 20th Court and SE 3rd Street, and east of the F EC Railroad, in the IPUD
(Infill Planned Unit Development) zoning district. Applicant: Lawrence Mastropieri, C LM Capital
LL C.
E X P LAN ATIO N O F R E Q U E S T:
The subject residential property is currently developed with two (2) multi-family buildings, each containing 4
dwelling-units. The applicant is requesting approval of a Major Site Plan Modification application (MS P M 20-
001) to construct an additional four (4) unit apartment building on the north side of the project site, associated
site improvements, and required amenities.
The project is dependent on City Commission approval of the following requests, which are undergoing
concurrent review: (1) Right-of-Way Abandonment of a segment of S E 21st Avenue; and (2) Land Use Map
Amendment from Medium Density Residential (ME D R) to High Density Residential (HD R), and Rezoning
from Multi-Family 11 du/ac (R3) to I nfill Planned-Unit Development (I P UD). Should these applications be
approved, the project site would be of sufficient size (0.86 acres) to accommodate 4 additional dwelling units,
required parking lot and amenities.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R S E RV IC E S? Not applicable.
FIS C AL IMPAC T: Not applicable.
ALT E R N ATIV E S: Not applicable.
S TR ATE G IC P LAN:
S TR ATE G IC P LAN AP P LIC AT IO N: Not applicable.
C L IMAT E AC T IO N AP P LIC AT IO N: Not applicable.
Is this a grant?
Grant Amount:
Page 30 of 61
AT TAC H ME N TS:
Type Description
Addendum Staff Report
Exhibit Exhibit A - Location Map
Exhibit Exhibit B - J ustification Statement
Drawings Exhibit C - Project Plans
Addendum Exhibit D - Conditions of Approval
Page 31 of 61
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 21-010
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Mike Rumpf
Planning and Zoning Administrator
FROM: Luis Bencosme, Planner II
DATE: October 13, 2021
PROJECT NAME: CLM Apartments (MSPM 21-002)
REQUEST: Approve request for Major Site Plan Modification (MSPM 21 -002) to the CLM
Apartments project to allow the construction of a new four (4) unit apartment
building and associated parking and related site improvements, on a 0.86-
acre parcel, located northwest of where SE 20th Court and SE 3rd Street meet
and east of the FEC Railroad , in the IPUD (Infill Planned Unit Development)
Zoning District. Applicant: Lawrence Mastropieri, CLM Capital LLC.
PROJECT DESCRIPTION
Property Owner: CLM Capital LLC through 2107 SE 3rd St LLC
Applicant:
Lawrence Mastropieri, CLM Capital LLC
Agent:
Christi Tuttle and Bradley Miller, Urban Design Studio
Address: 2107 SE 3rd Street
Location:
Northwest of where SE 20th Court and SE 3rd Street meet and east of the
FEC Railroad.
Existing Land Use:
Medium Density Residential (MEDR)
Proposed Land Use:
High Density Residential (HDR)
Existing Zoning:
Multi-Family Residential (R3)
Proposed Zoning:
Infill Planned-Unit Development (IPUD)
Proposed Use:
Multi-Family Residential
Acreage:
0.86 acres
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Memorandum No PZ 21-010
Page 2
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Adjacent Uses:
North:
Vacant residential parcel with a Future Land Use designation of Medium
Density Residential (MEDR) and zoned Multi-Family Residential (R3);
further north developed parcel with an existing place of worship and with
a Future Land Use designation of Medium Density Residential (MEDR)
and zoned Multi-Family Residential (R3).
South:
SE 21st Avenue right-of-way (to be vacated); further south developed
single-family property with a Future Land Use designation of Medium
Density Residential (MEDR) and zoned Multi-Family Residential (R3).
East:
Developed single-family properties with a Future Land Use designation
of Medium Density Residential (MEDR) and zoned Multi-Family
Residential (R3).
West:
Florida East Coast (FEC) Railroad right-of-way, followed by developed
multi-family properties with a Future Land Use designation of Medium
Density Residential (MEDR) and zoned Duplex (R2) and Planned Unit
Development (PUD).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject request were mailed a
notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with
Ordinance No. 04-007.
BACKGROUND
Proposal: The subject residential property is currently developed with two (2) multi -
family buildings, each containing four (4) dwelling-units. The applicant is
requesting approval of a Major Site Plan Modification application (MSPM 20 -
001) to construct an additional four (4) unit apartment building on the north
side of the project site, associated site improvements, and required
amenities.
The project is dependent on City Commission approval of the following
requests, which are undergoing concurrent r eview: (1) Right-of-Way
Abandonment of a segment of SE 21 st Avenue; and (2) Land Use Map
Amendment from Medium Density Residential (MEDR) to High Density
Residential (HDR), and Zoning Map amendment from Multi-Family 11 du/ac
(R3) to Infill Planned-Unit Development (IPUD). Should these applications be
approved, the project site would be of sufficient size (0.86 acres) to
accommodate four (4) additional dwelling units, required parking lot and
amenities.
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Memorandum No PZ 21-010
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ANALYSIS
Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for
review. The applicant provided an approval letter from the Palm Beach
County Department of Engineering and Public Works confirming the
proposed development would meet the County’s T raffic Performance
Standards (TPS).
The traffic statement indicates the project is expected to generate 88 net
daily trips, six (6) net AM peak hour trips and seven (7) net PM peak hour
trips, which is a net increase of 29 daily trips.
School: The proposed development is required to submit an approved SCAD (School
Capacity Availability Determination) application to ensure the area schools
have adequate capacity to accommodate the potential public-school students
who will reside in the proposed dwelling units with their families. An approval
letter from the County is required prior to permit issuance (See Exhibit “D” -
Conditions of Approval).
Utilities: The Utility Department has reviewed the proposed Civil Engineering plans
and agree the City’s water capacity would meet the projected potable water
demand for this project. Additionally, sufficient sanitary sewer and
wastewater treatment capacity is currently available to serve the project.
Additionally, a 25 feet wide utility easement has been proposed to ensure the
existing utilities are protected from future improvements and ensure service
providers have adequate access (See Exhibit “D” - Conditions of Approval).
.
Police/Fire: The Police Department has reviewed the proposed Site Plan (SP -1) and
Photometric Plan (A3.0) to ensure the project meets the CPTED (Crime
Prevention Through Environmental Design) standards. The review
comments have been addressed by the applicant. Also, the Fire Department
will be able to provide an adequate level of service for th is project with
current or expected infrastructure and/or staffing levels. Further plan review
by Police and Fire will occur during the building permit process.
Drainage: The applicant submitted a preliminary Engineering Plan with conceptual
drainage information. The Engineering Division has found the conceptual
information to be adequate and is recommending that further review of
specific drainage solutions will be conducted at time of permitting.
Access: The development would maintain two (2) points of ingress/ egress, each
providing vehicular access to the north and south parking lots. The entry
drive located on the south side of the site would provide access to the south
parking lot from SE 3rd Street; and, the second entry drive on the north side
would provide access to the second parking lot from SE 20 th Court. Both
parking lots have a two-way drive isle that is of sufficient width to ensure
safe, adequate and efficient vehicular circulation.
Walkways are also proposed in front of each buil ding. The walkaways
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provide a safe route to the recreational areas located on opposing sides
(north and south) of the property. The walkways also connect to the existing
sidewalk running parallel to SE 3rd Street.
Parking: Multi-Family Residential Developments consisting of two (2) or more
bedroom apartments are required to provide two (2) parking spaces per unit,
as well as additional parking spaces for guests calculated at a rate of 0.15
spaces per unit. The project proposes a total of twelve (12) dwe lling units,
each consisting of 3 bedrooms and two (2) baths. Therefore, a total of 26
parking spaces – including two (2) spaces for guests and two (2) accessible
handicap spaces – would be required. The project meets the parking
requirements as it propose s 23 standard size parking spaces and three (3)
accessible handicap parking spaces.
Landscaping: The proposed landscape improvements will meet the City’s minimum code
requirements. According to the Existing Tree Plan (L -1), the site currently has
a total of seven (7) trees. The applicant proposes to remove three (3) Live
Oak trees and preserve three (3) Gumbo Limbo trees and one (1) Bismarck
Palm tree.
The Plant List included on the Planting Plan (L -2) indicates that the great
percentage of the proposed trees would be native and drought tolerant.
According to the Plant List, the landscape will include 89 trees – including 51
large trees (Gumbo Limbo, Green Buttonwood, East Palatka Holly, Live Oak,
Paradise Tree and Bald Cypress), 21 medium size trees (Yellow Elder,
Spanish Stopper and Wild Lime) and 17 palm trees (Sabal Palm and Solitaire
Palm) – 763 shrub specimens, and 2,737 small shrubs/groundcover plants.
The plant material would be located around the site perimeter, building base
and within the parking lot landscape islands. Additionally, the applicant
included a note on the Planting Plan (L -2) indicating Florida number one
grade plant material would be utilized.
The applicant is proposing a variety of butterfly attracting plant species,
which have been identified on the Landscape Plan (L-2) with an asterisk. The
plant species include Live Oak, Dune Mistflower, Sweet Almond Verbena,
Cocoplum and Dwarf Firebush.
The Landscape Plan (L -2) proposes dense landscape buffers along the
interior side property lines abutting the existing residential properties to the
south and east. The twelve (12) foot wide landscape buffer along the south
property line consists of Green Buttonwood trees and staggered wild Lime
understory trees. The buffer also i ncludes two rows of staggered shrubs
(Green Island Ficus and Small Leaf Clusia). The ten (10) foot wide
landscape buffer along the east interior side property line consists of a six (6)
foot tall decorative wall landscaped with closely spaced Green Buttonw ood
trees, Live Oak trees and a dense Small Leaf Clusia hedge. The proposed
five (5) foot wide landscape strip along SE 3 rd Street includes Yellow Elder
canopy trees and two rows of shrubs (Gold shower and Nora Grant Ixora).
Lastly, the five (5) foot wide landscape strip along the west property line
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consist of a six (6) foot tall chain link fence, East Palatka Holly trees and a
dense Cocoplum Hedge.
Building and Site: The existing aparment development is comprised ot two (2) parcels totaling
0.78 AC and developed with two (2) multi-family residential buildings, a
single-story garage and two (2) parking lots. Approval of the associated
Right-of-Way Application would increase the project area to 0.86 acres,
which is required in order to build four (4) additional dwelling units.
The project proposes one (1) additional multi -family residential building and
associated site improvements and amenities. The new building would be
located on the north side of the site. The proposed building size and design
is consistent with existing buildings on site. It would contain four (4) dwelling
units, each comprising of three (3) bedrooms, two (2) bathrooms, kitchen,
dining/ living room, closet and covered patio/ balcony. Access to the second
floor is provided with an exterior staircase located on the east side of the
building.
Building Height: The building height allowed in the IPUD (Infill Planned Unit Development)
Zoning District is flexible. The flexibility is intended to ensure compatibility
and consitency of scale by requiring height of new buildings to be consistent
surrounding buildings. According to the building elevations (A2.1 and A2.2),
the new building will be the same height as the existing buildings on site ,
23’5” as measured from finished graded .
Setbacks: The required IPUD (Infill Planned Unit Development) Zoning District setbacks
are flexible. According to the Site Plan (SP-1), the new building would be
located on the north side of the site and setback from the property lines as
follows:
Yard Required Setback
(ft.) Proposed Setback (ft.)
Front (East) Side Flexible 23.5
Interior (North) Side Flexible 36.4’
Rear (West) Side Flexible 10.2’
Interior (South) Side Flexible 53.2’
Amenities: IPUD (Infill Planned Unit Developments) projects are requir ed to provide a
programmed open space area in addition to pedestrian and bicyclist
amenities. According to the Site Plan (SP -1), the project would include two
(2) outdoor recreational areas, totaling 3,703 SF. The larger (3,053 SF)
recreational area is located on the south side of the site and includes one (1)
barbecue grill, two (2) benches and one (1) picnic table; the smaller (650 SF)
recreational area located on the north side includes one (1) picnic table and
barbecue grill.
Design: The building mass, architectural features, color palette, size and height of the
proposed building is consistent with the existing buildings on site, and in
harmony with the neighborhood character. T he building design is inspired by
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Memorandum No PZ 21-010
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the Floribbean style, which is a combination of Florida Vernacular
Architecture and Key West Architecture.
The project architect designed the building with adequate horizontal and
vertical façade articulation. The building design includes step backs, stucco
banding and pitched standing seam metal roof. The building will be painted
with cool light colors (Sea Salt and High Reflective White). A textured stucco
horizontal band has been added between the 1 st and 2nd floors. Suspended
aluminum canopies are proposed above the front bedroom win dows. The
upper portions of the building (2 nd floor) include covered, recessed balconies
with white railings.
Sustainability: According to the City’s Sustainability Development Standards, new multi -
family residential developments consisting of a minimum of three (3) dwelling
units and up to 25 dwelling units shall achieve at least fifteen (15) points.
Projects are required to incorporate a mix of sustainable site and building
design features, which are listed on the Sustainable Design Options (Table
3-1) of the Land Development Regulations. The Sustainable Development
Chart on the Site Plan (SP -1) indicates the project would achieve the
required 15 points by incorporating the following options:
SUSTAINABLE DEVELOPMENT STANDARDS POINTS
Energy
Efficient Cooling - All air conditioners are Energy Star
qualified. Minimum SEER 16. 2
Efficient Water Heating - At least 75% of hot water on
premises is heated via Energy Star Certified water heaters
or solar water heaters.
2
Cool Roof - Use roofing materials that have a Solar
Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25
for steep- sloped roofs (>2:12) for a minimum of 75% of the
roof surface.
2
Building Color – Utilization of white or cool light colors for
the body of buildings to reflect rather than absorb heat and
reduce cooling costs. Accent and trim colors are not limited
to these choices.
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
Urban Nature
Tree Canopy – Provide canopy trees in an amount that
exceeds the minimum number of required trees by 20%. 4
Total Points 15
Lighting: The Photometric Plan (A3.0) includes a 20 feet tall freestanding light pole. It
also includes two (2) light fixtures mounted to the building walls to illuminate
the parking lot located between buildings A and B. The City’s Land
Development Regulations restricts the lighting levels to a maximum of 5.9
foot-candles. The Site Photometric Plan depicts lighting levels below the
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Memorandum No PZ 21-010
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above-mentioned foot-candles limit.
Signage: The project scope of work does not include signage. However, permit
approval would be required for new signs.
Public Art: The applicant is in communication with Glenn Weiss, Public Art Manager, in
regards to the Public Arts Program requirements applicable to the project.
RECOMMENDATION
Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL,
subject to approval of the accompanying applications and satisfying all comments indicated in
Exhibit “D” – Conditions of Approval. Any additional conditions recommended by the Board or
required by the City Commission shall be documented accordingly in the Co nditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\MSPM 21-002\Staff Report\Staff Report-CLM Apartments
(MSPM 21-002).doc
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F E C R a i l r o a d
S E 1 s t Cir
SE 20th Ct
SE 21st Ave
SE 22nd AveSE 2nd StSE1stCirSE 21st AveSE 3rd StSE 3rd StS E 20th Ave
SE 4th StExhibit A: Location MapExhibit A: Location Map
CLM Apartments LUAR 21-001CLM Apartments LUAR 21-001
¹0 80 160 240 32040
Feet
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1
CLM APARTMENTS
JUSTIFICATION STATEMENT
Request(s): Abandonment of ROW, Rezoning and
Land Use Amendment, Major Site Plan Modification , Engineering
Waiver
Submitted: August 4, 2021/DART 09.14.2021
PROJECT DESCRIPTION
Property Owner: CLM Capital, LLC
Applicant: Larry Mastropieri
Agent: Christi Tuttle / Bradley Miller AICP, Urban Design Studio
Location: On the northwest corner of SE 21st Avenue and SE 3rd Street, 2107 SE
3rd Street
Existing Land Use/Zoning: MEDR/ R-3
Existing Uses: 8 Multi-Family units in Buildings A & B
Proposed Land Use/Zoning: HDR / IPUD
Proposed Uses: 4 Multi-Family units in Building C
Parent Parcel Area: 0.78 acres / 34,154 Square Feet
Abandonment Area: 0.08 acres/ 3,484 Square Feet
Gross Site Area: 0.86 acres/ 37,638 Square Feet
Adjacent Uses:
North: Multi-Family Residential Use - Future Land Use of LRC and Zoning is
R-3
South: Multi-Family Residential Use with a Future Land Use of HDR and Zoning
is R-3
East: Single-Family Residential Use with a Future Land Use of HDR and
Zoning is SFR
Urban Planning and Design
Landscape Architecture
Communication Graphics
Page 40 of 61
2
West: 100’ Right-of-Way for Florida East Coast Railroad and west of that is
Multi-Family Residential Use with a Future Land Use of MEDR and
Zoning is PUD
BACKGROUND
The parent parcel of subject property consists of .78 acres of developed land located at the northwest
corner of SE 21st Avenue and SE 3rd Street, 2107 SE 3rd Street, within the boundaries of the City
Community Redevelopment Area (CRA). The site contains two multi-family residential buildings
(Buildings A & B) with 4 units in each building and parking to support the existing residential units.
The site is currently designated with a MEDR land use and a zoning of R-3. The CRA Redevelopment
Plan identifies this property and the surrounding area to ultimately be developed under the HDR land
use designation.
In addition, there is a 57’ foot wide unused right of way abutting the south line of the parent parcel in
which the northern .08 acres of the right of way is being proposed to be added to the parent parcel.
The remainder of the abandoned area will be added to the residential parcel to the south.
APPLICATION REQUEST
The proposed development is to construct an additional freestanding 4 multi-family unit residential
building (Building C) on the northern portion of the property for a total of 12 units, plus additional
parking. Accordingly, Urban Design Studio, agent for the applicant and owner of the property, is
requesting concurrent approvals of the following:
Abandonment of the right of way in which the northern .08 acres of land will be added to the
parent parcel for a total of 0.86 acres.
An amendment to the Land Use designation from MEDR to HDR to allow for a density of 15
units per acre, equating to the 12 units proposed.
A change to the zoning from R-3 to an Infill Planned Unit Development (IPUD).
A Major Site Plan to implement applicable regulations for the proposed development of the
additional building, parking and related site improvements.
An Engineering waiver for the minimum sidewalk width for the new sidewalk proposed along
the eastern side of the multifamily residential building. The sidewalk for this location is covered
and 4’ in width. The Engineering Standards require a 5’ sidewalk width, therefore this waiver
request is for a reduction in width of one foot.
PROPOSED DEVELOPMENT
With the approval of the above, the proposed CLM Apartment development will provide attainable
housing consisting of 3 two-story buildings and a total of 12 residential units (4 additional). All
buildings are two stories in height and will contain 4 units, each with three-bedrooms and two baths.
The units sizes within Buildings A & B are approximately 1,100 square feet. The units within the
proposed building C are approximately 1,138 square feet each. The overall building area for Buildings
A & B is 2,132 square feet per floor and 2,275 square feet per floor for Building C. Each unit in
Building C will also provide approximately 95 square feet of outdoor covered living space, directly
accessible from each living room. The main entrances will be covered and include a porch for
comfortable access with a 4 foot covered walkway along the front of building.
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The exterior finish consists of smooth stucco surfaces with stucco banding surfaces to provide an
aesthetically pleasing façade. Each window and sliding glass door will be picture framed with an
accent band to provide architectural interest. All windows and doors include code mandated and
approved hurricane impact resistant products. The construction will consist of exterior concrete
masonry unit (CMU) load bearing partitions, with code required concrete tie columns and beams. The
interior partitioning will consist of industry standard metal framing and gypsum board sheathing.
The building will include a series of hip roofs including covered porch and balcony areas. The sloped
metal roofs are a pleasing 4/12 slope and include a variety of intersecting roof lines. The exterior
finish color palate will consist of finishes which are consistent with the surrounding residential
neighborhood and match the existing apartment buildings on the property.
Access to the property will be provided by two full access driveways from SE 3rd Street. To support
the residential community, a new parking lot will be constructed for 13 additional parking spaces
located at the northern portion of the site, for a total of 26 spaces on the property, including 3 handicap
spaces. Based on current code, 26 parking spaces required. A new dumpster enclosure will be
constructed south of the proposed parking area with improved access from SE 3rd Street and SE 10th
Court. The existing dumpster which has no enclosure and located at the west end of the existing
parking lot will be removed from site.
Recreational open space area is also provided for use by the residents of the community as required
by the IPUD zoning district. Based on the 12 total units, a minimum of 2,400 square feet of useable
open space is required. As shown on the Site Plan, there is 3,703 square feet provided in two areas
so that all units have access to a grills, tables, benches and open space for outdoor recreation.
According to Sustainable Development, found in Chapter 4, Article XII of the City Code, multifamily
residential development with less than 20 units are required to achieve at least 15 points based on
listed criteria. The proposed development proposes to satisfy the minimum 15 points by at least
providing the following:
Energy:
All air conditioners are Energy Star qualified, minimum SEER 16 - 2 points
Use roofing material that has a SRI > 5 for low sloped roofs for a minimum of 75% of the roof
surface. – 2 points
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 points
Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed
lighting - 1 point.
All appliances within a building are 100% Energy Star – 2 points
At least 75% of hot water on premises is heated via Energy Star Certified watrer heaters or solar
water heaters. – 2 points
Urban Nature
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Provide canopy trees in an amount that exceeds the minimum number of required trees by 20% -
4 points.
Based on the elements above, the criteria for sustainable development will be met for the proposed
development.
The area along SE 3rd Avenue between the proposed parking area and the single-family home will be
landscaped with a 10-foot-wide buffer and 6’ high wall as shown on the provided landscape plans.
The plan also provides for a 5-foot wide landscape buffer along the frontages of SE 3rd Street and SE
20th Court, and a 12-foot wide landscape buffer on the south property line with dense vegetation barrier
in place of a 6-foot wall. There is existing vegetation along the west property line, adjacent to the
railroad, that is proposed to remain as the required buffer.
A traffic study has been submitted to Palm Beach County Traffic Division for concurrency review in
order to ensure an adequate level of service. We will be applying for school concurrency through The
School District of Palm Beach County confirming that adequate capacity exists to accommodate
student residents of the proposed 12 multi-family units. We have included that application for you to
execute and return to UDS for submittal to the school board.
REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS/REZONING
Section 2.B.3. of the Land Development Regulations contains the following review criteria for a future
land use map amendment and rezoning. Approval of a FLUM amendment/zoning request shall be
based on one (1) or more of the following factors. Following each of these criteria is an explanation
of how this application complies with each of the criteria.
(1) Demonstration of Need. A demonstration of need may be based upon changing conditions that
represent a demand for the proposed land use classification and zoning district. Appropriate data
must be provided within the application.
It has been indicated that the City is in need of additional workforce/attainable housing.
Approval of these application will allow for the construction of 4 additional units that will be
priced accordingly for workforce/attainable housing. Although this site is small i n size, the
proposed HDR land use and IPUD rezoning will implement the regulations to allow for the
construction of these 4 additional units.
(2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with
the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment
plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning
district may include limitations or requirements imposed on the site plan in order to maintain such
consistency.
This property is identified by the City’s Future Land Use Maps and is planned for the proposed
HDR land use which is consistent on the CRA Redevelopment Plan. After meeting with staff
it was agreed that the HDR land use is much more consistent with the surrounding area and a
better fit with this site. The IPUD zoning is specifically established for infill redevelopment
sites such as the subject parcel and therefore is consistent with the intent of the Land
Development Regulations.
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(3) Land Use Pattern. Whether the proposed FLUM amendment and rezoning would be contrary to
the established land use pattern, or would create an isolated zoning district or an isolated land use
classification unrelated to adjacent and nearby classifications, or would constitute a grant of special
privilege to an individual property owner as contrasted with the protection of the public welfare. This
factor is not intended to exclude FLUM reclassifications and rezoning’s that would result in more
desirable and sustainable growth for the community.
The pattern for HDR land use is established on the property to the south as well as the
properties to the east. The HDR land use and IPUD zoning will be a continuation of that pattern
and not create an isolated district or land use classification. The entire surrounding properties
in this area are residential.
(4) Sustainability. Whether the proposed rezoning/FLUM amendment would support the integration
of a mix of land uses consistent with the smart growth or sustainability initiatives, with an emphasis on
1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The site and proposed building offer sustainable features in its proposed design and
construction as indicated above. Covered bicycle storage will be provided with the proposed
new development to encourage alternative modes of transportation. There are also
connecting sidewalks within the development for the residents to have comfortable access to
all recreational space. The proposed HDR land use and IPUD zoning are certainly consistent
with and complement other development within the area as planned for by the CRA
Redevelopment Plan.
(5) Availability of Public Services/Infrastructure. Requests for rezoning to planned zoning districts
and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI, Concurrency.
All public services and infrastructure required for the development are available and provided
by the City of Boynton Beach.
(6) Compatibility. The application shall consider the following factors to determine compatibility:
(a) Whether the proposed FLUM amendment and rezoning would be compatible with the
current and future use of adjacent and nearby properties, or would negatively affect the property
values of adjacent and nearby properties.
(b) Whether the proposed FLUM amendment and rezoning is of a scale which is reasonably
related to the needs of the neighborhood and the city as a whole.
The City has planned for this property to be designated with the proposed HDR land use by
the CRA Redevelopment Plan and the IPUD zoning regulations have been established to
provide for regulations for development to be compatible for smaller infill parcels such as the
subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land
Development Regulations and are addressed below. Where there are adjacent single family
or duplex residential uses, the Site Plan incorporates the required buffering and screening.
(7) Alternative Sites. Whether there are adequate sites elsewhere in the city for the proposed use in
zoning districts where such use is already allowed.
Alternative sites are likely available in the City for this type of development, however the
subject site and proposed development further the goals for development of infill parcels
within the City.
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INFILL PLANNED UNIT DEVELOPMENT (IPUD) CRITERIA
Chapter 3, Article III, Section 2.G.1. of the City’s Land Development Regulations states the purpose
and intent of the Infill Planned Unit Development District as well as the prerequisite location standards.
This property and the proposed development is the perfect example of why these regulations were
established as justified by the following according to the sequential paraphrased sections of the
referenced code:
The purpose of the IPUD zoning district is to implement the high density residential (HDR) future land
use map (FLUM) classification of the Comprehensive Plan.
The subject site is identified on the CRA Redevelopment Plan for High Density Residential (HDR) land
use and therefore eligible for a maximum of 15 dwelling units per acre.
As specifically indicated by the code reference, the purpose of the IPUD zoning district is to implement
the HDR land use classification for the promotion of new development on infill properties. The
proposed rezoning to IPUD implements the HDR land use classification and the proposed multi-family
units are permitted uses in the IPUD zoning district and promotes the development of this infill
property.
This district is intended for infill purposes, promoting new development and redevelopment within the
Community Redevelopment Area (CRA) area consistent with land use recommendations from the
Community Redevelopment Plan at densities no greater than fifteen (15) dwelling units per acre.
The boundaries of the CRA extend along Federal Highway and to the west on SE 3rd Street,
including this property.
With the inclusion of the .08 acre area being abandoned, the total site will consist of 0.86
acres of land. The proposed development of 12 residential units therefore yields a density
of 13.95 units per acre which is less than the maximum allowed density of 15 units per acre
of the HDR land use.
The IPUD district will include design standards that exceed the standards of the basic development
standards in terms of site design, building architecture and construction materials, amenities and
landscape design.
The design of the property and architectural features described above and from the
applicant’s perspective, exceed the standards. Each unit provides a significant amount of
living space, outdoor covered living space /porches, covered walkway along the front side
of the proposed building and recreational use of a benches, grills and picnic tables. The
units are positioned near the roadways with pedestrian walkways and porch/balcony areas
consistent with the goals of the CRA Redevelopment Plan. The landscape areas will be
enhanced with plant material, especially along the common property lines of existing
residential properties to the south and east.
The extent of variance or exception to basic design standards, including but not limited to requirements
for parking spaces, parking lot and circulation design and setbacks will be dependent on how well the
proposed project otherwise exceeds the other applicable standards.
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The standards for IPUD developments are flexible to allow for creative and responsible
infill developments. This is a small site and will only be developed if the regulations are
more flexible than standard zoning districts. The site regulations for IPUD development
found in Table 3-11 mostly indicate “flexible” relative to project area, frontage and setbacks.
The proposed development plan complies with the standards for IPUD developments and
other applicable sections of the Code. The minimum standard drive aisle width is 24 feet
which is provided along with 9’ x 18’ parking spaces.
Setbacks for the building area have been established as close to the property lines as
possible to not conflict with sight/visibility triangles but yet provide a more pedestrian
friendly frontage with sidewalks leading to all units. There is an existing concrete walk
along SE 3rd Street which will be removed for landscape and setbacks along interior
property lines have complied with the minimum setbacks of the adjacent residential uses.
Although the maximum building height allowed by IPUD zoning is 45 feet, the proposed
structure is designed at 21’-6” to Mean Roof Height as defined by City code.
The IPUD shall minimize adverse impacts on surrounding property.
In order to be approved an IPUD project must be compatible with and preserve the character of
adjacent residential neighborhoods.
The proposed development is consistent with the character of other multi-family
developments along SE 3rd Street, just northeast of our property there are several multi-
family developments including the PUD to the west of the site on the other side of the FEC
railroad. The proposed development is also compatible in height and architectural style of
the other referenced multi-family developments. The proposed multi-family design is
encouraged and supported by the intent of the CRA Redevelopment Plan, HDR land use
classification and the IPUD zoning district.
The IPUD district is optimum when there is an opportunity to promote sustainability with respect to
land use, energy conservation, resource management and social equity. Rezoning to the IPUD
district is encouraged for proposed development on lands that are in close proximity to existing
infrastructure, public and alternative transportation routes and modes, employment centers,
community areas, or have sustained or are complicated by environmental contamination.
The subject property and proposed development satisfy many of the sustainability goals of
this regulation by providing condensed housing with pedestrian routes to local employment
opportunities as close as the commercial businesses just to the south of our site and bus
route opportunities on Federal Highway that extend to other communities throughout the
entire County. The closest bus stop is 0.18 miles from the property.
The other locational standards only pertain to non-residential uses and therefore are not
applicable to this application.
Overall, the applications are following the policies and goals of the Comprehensive Plan to apply the
HDR and IPUD zoning on infill parcels along SE 3rd Street. The proposed development and design
are consistent with the character of new development along the CRA South Federal Highway corridor
which were also established and approved after consideration of these same policies, goals and
standards.
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Abandonment Criteria - LDR Chapter 2, Article II, Section 2.G.3.
Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or
other non-fee interest of the city shall be based on a demonstration that the above interest no longer
serves a public purpose and there is no encumbrance which would prohibit the clear transfer of
ownership of such land. The following review criteria shall be used to justify an application:
a. Access. Does the subject land provide a legal means of access to a lot of record,
subdivision, or development? Would the vacation and abandonment cause or result in a
permanent stoppage, interruption, or an unacceptable level of service for the subject lot or
on neighboring lots, subdivisions, or developments with respect to police, fire, or other
emergency services; or solid waste removal?
The 57.1’ Right-of-Way will be split between the north and south property owners.
We have included the consent from the property owner to the South to abandon
the Right-of-Way. S.E. 21st Avenue dead ends in the area we are proposing to
abandon. The driveway for the property to the south will be reconstructed once
the abandonment application is approved and during construction of the subject
parcel improvements. There are two driveways to the subject site along SE 3rd
Street for all access.
b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or
any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently
stopped or interrupted, or cause an unacceptable level of service to the subject lot or
neighboring lots, subdivisions, or developments?
All utilities are currently servicing the subject site. A 20-foot utility easement will be
recorded over existing utilities within the area of abandonment. Consent from
some of the utility companies is provided with this application for the abandonment
of the right-of-way. As demonstrated in the attached correspondence, several
attempts have been made since May 2021 for contact with FPL and Comcast to
obtain their consent. We will continue pursuing them throughout this process for
same.
c. Drainage and Wastewater Management. Does the subject land contain, support, or allow
a legal means of drainage or wastewater management for such lot or on neighboring lots,
subdivisions, or developments, which would cause or result in a stoppage, interruption, or
unacceptable level of service?
Approximately 4,317 square feet of onsite drainage areas are proposed within the
site. Exfiltration trenches will also be used to allow a legal means of drainage for
the site.
d. Conservation. Does the subject land contain, support, or allow the means for the
conservation or preservation of flora or fauna?
There is no native significant flora or fauna to be preserved and any that can be
relocated has been identified on the landscape plans.
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REVIEW CRITERIA FOR MAJOR SITE PLAN APPLICATION
The review of the site plan will satisfy the review criteria of Section 2.B.3. of the Land Development
Regulations for a major site plan application to confirm compliance with the applicable land
development regulations of setbacks, landscape buffers, parking, and building height.
CONCLUSION
Based on the information provided, this application complies with the CRA Redevelopment Plan for
the South Federal corridor, the purpose and intent of the HDR land use classification, this IPUD zoning
and review criteria and regulations for the proposed development plan of 4 Multi-Family unit
development project requiring an amendment to the Future Land Use Map, Re-zoning, Abandonment
of a Right-of-Way, Engineering Waiver and Final Site plan approval. Christi Tuttle is the Senior Project
Manager should additional information be required.
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118.61'(P&M)342.35'123.96'(P&M)238.20'101.50'LOT7LOT 143259 SF (0.07 AC)LOT18LOT15FLORIDA EAST COASTRAILROADCLS.E. 3rd STREETS.E. 20th COURTWEST LANEOCCUPIEDS.E. 21st AVENUES.E. 21st AVENUECLBUILDING B4 EXISTINGUNITS2,132 SFPER FLOOR2 STORYBUILDING A4 EXISTINGUNITS2,132 SFPER FLOOR2 STORYREC. AREA3,053 SF49.97'9.0'18.0'24.0'DRIVE AISLE18.0'9.0'5.0'18.0'12.0'9.0'18.0'24.0'DRIVE AISLE4.0' SIDEWALK5.0'SW10.0'U.E.EXISTING FENCEEXISTING 5.3' SWTYPE DCURB, TYP.CURB CUT REQ.5.0'LANDSCAPEBUFFER5.0'LANDSCAPEBUFFER18.0'9.0'10.0'
LANDSCAPE BUFFER
w/ 6' WALL6.0' CHAIN LINK FENCE6.0' CHAIN LINK FENCE6.0' CHAIN LINK FENCECONCRETE WALLEX. 6.0' CHAINLINK FENCEREC AREA650 SFDRAINAGE2,377 SFFLU: HDRZONING: R3EXISTING USE: SFRFLU: LRCZONING: R3EXISTING USE: INS1FLU: ROWZONING: ROWEXISTING USE: ROWFLU: HDRZONING: R3EXISTING USE: SFRFLU: HDRZONING: R3EXISTING USE: SFRFLU: HDRZONING: R3EXISTING USE: DUPLEXBUFFER PROVIDED BYEXISTING VEGETATION23.5'FRONTSETBACKFLU: MEDRZONING: PUDEXISTING USE: MFRBENCH2.0'OVERHANG10.0' NEW DRIVEWAYADJACENT PROPERTY57.1' AREA TOBE ABANDONED10.2' REARSETBACKRECREATION AREAWILL CONTAIN PICNICTABLE WITH GRILL15.3'WHEEL STOP,TYP.BUILDING C4 PROPOSEDUNITS2,275 SFPER FLOOR2 STORYGRILLDRAINAGE337 SF10.2'DRAINAGE790 SFDRAINAGE605 SFDRAINAGE539 SFRECREATION AREAWILL CONTAIN PICNICTABLE WITH GRILL &BENCHESPROPOSED25.0' U.E.60' MANEUVERING FOR TRASH PICK UPGRILLMECHANICAL EQUIPMENTMECHANICAL EQUIPMENTPICNIC TABLE36.4'SIDES.B.53.2'SIDESTREETSETBACK7667EX.EX.DR25.0'R25.0'5.0'22.3'R25.0'CANOPYCANOPY12.0' LANDSCAPE BUFFER(SEE LANDSCAPE PLAN FOR PLANTINGDETAIL RELATIVE TO EXISTING UTILITY LINES)NOT INCLUDEDLESS AND EXCEPTPROPOSED FIRE HYDRANTEXISTING FIRE HYDRANTPICNIC TABLECOVERED BIKE RACKS. FEDERAL HWYSE 20ST CTFLORIDA
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SE 21ST AVESITESE 23RD AVEDrawing name: H:\JOBS\CLM Apartments_20-150\CLM Capital_DD_.000\Drawings\Site Plan\2021.09.07 CLM Apartments_SP.dwg Urban Planning & DesignLandscape ArchitectureCommunication GraphicsRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LCC00003507/02/202120-150.000CCCCBDMSP-1of 1Submittal 08.04.2021DART 09.14.2021Boynton Beach, Florida
Site Plan
CLM APARTMENTS
40'20'10'1" = 20'-0"LOCATION MAPDEVELOPER/APPLICANT:URBAN DESIGN STUDIO508 E. BOYNTON BEACH BLVD.BOYNTON BEACH, FL 33435(561) 736-8838PLANNER:DEVELOPMENT TEAMN.T.SARCHITECT /PHOTOMETRIC:AK ARCHITECTS, INC.100 NE 6TH STREET, SUITE 102BOYNTON BEACH, FL 33435(561)374-9242SURVEYOR:BOB BUGGEE, INC.P.O. BOX 243887BOYNTON BEACH, FLORIDA. 33424561-732-7877CLM CAPITOL INC.170 NE 2ND STREETBOCA RATON, FL 33429-0620TRAFFICENGINEER:JOHN DONALDSON JMD ENGINEERING12773 FORESST HILL BLVD, SUITE 204WELLINGTON, FL. 33414(561)383-5595CIVILENGINEER:MCLEOD, MCCARTHY & ASSOCIATES, P.A.1655 PALM BEACH LAKES BLVD #901,WEST PALM BEACH, FL 33401(561) 689-9500LANDSCAPEARCHITECT:DAVE BODKER LANDSCAPEARCHITECTURE / PLANNING, INC.610 N CONGRESS AVE. SUITE 105 ADELRAY BEACH, FL 33445(561)276-6311Notes1. This plan is based on a survey prepared by Bob Buggee Surveyor,dated 09/02/2020.2. This plan is subject to applicable zoning and development regulations.3. All plans submitted for permitting shall meet the City's codes and the applicable building codes in effectat the time of permit application.4. All above ground mechanical equipment such as, but not limited to, exterior utility boxes, meters, andtransformers shall be visually screened.5. Curb cut required where access aisle meets sidewalk.6. All utilities are available and will be provided by the appropriate agencies.7. All plans submitted for specific permits shall meet the City's code requirements at time of application.These permits include, but are not limited to the following: Site Lighting, Paving, Drainage, CurbingLandscaping and Irrigation. Permits required from other permitting agencies such as FDOT, PBC,SFWMD, DERM, LWDD, FDEP, and any others, shall be included with the permit request.8. All striping and signage shall conform to the Engineering Design Handbook & Construction Standards.9. The drainage system shall conform to Engineering Design Handbook & Construction Standards.10. Catch basins and manhole covers shall be bicycle proof.12'12'12'12'DUMPSTER COLOR:SW - SEA SALT SW6204SW - HIGH REFLECTIVE WHITEPage 49 of 61
Page 50 of 61
WM 118.61'(P&M)342.35'123.96'(P&M)238.20'101.50'LOT7LOT 143259 SF (0.07 AC)LOT18LOT15FLORIDA EAST COASTRAILROADCLS.E. 3rd STREETS.E. 20th COURTWEST LANEOCCUPIEDS.E. 21st AVENUEBUILDING B4 EXISTINGUNITS2,132 SFPER FLOOR2 STORYBUILDING A4 EXISTINGUNITS2,132 SFPER FLOOR2 STORYREC. AREA3,053 SF49.97'EXISTING FENCE6.0' CHAIN LINK FENCE6.0' CHAIN LINK FENCE6.0' CHAIN LINK FENCECONCRETE WALLEX. 6.0' CHAINLINK FENCEREC AREA650 SFDRAINAGE2,377 SFFLU: HDRZONING: R3EXISTING USE: SFRFLU: LRCZONING: R3EXISTING USE: INS1FLU: ROWZONING: ROWEXISTING USE: ROWFLU: HDRZONING: R3EXISTING USE: SFRFLU: HDRZONING: R3EXISTING USE: SFRFLU: MEDRZONING: PUDEXISTING USE: MFRBENCHRECREATION AREAWILL CONTAIN PICNICTABLE WITH GRILLBUILDING C4 PROPOSEDUNITS2,275 SFPER FLOOR2 STORYGRILLDRAINAGE337 SFDRAINAGE790 SFDRAINAGE605 SFDRAINAGE539 SFRECREATION AREAWILL CONTAIN PICNICTABLE WITH GRILL &BENCHES60' MANEUVERING FOR TRASH PICK UPGRILLMECHANICAL EQUIPMENTMECHANICAL EQUIPMENTPICNIC TABLE6EX.DCANOPYCANOPYNOT INCLUDEDLESS AND EXCEPTPROPOSED FIRE HYDRANTEXISTING FIRE HYDRANTPICNIC TABLECOVERED BIKE RACKPage 51 of 61
PLAN LEGEND
BEDROOM #2
13'-9" X 10'-5.5"
MASTER
BEDROOM
14'-1" X 11'-0"
DINING ROOM /
LIVING AREA
11'-11" X 15'-0"
GUEST
BATH
5'-0" X 7'- 7.5"
MASTER
BATHROOM
10'-0" X 5'-0"WALK-IN
CLOS.
5'-2" X 5'-0"
KITCHEN
6'-5" X 11'-3"
WALK-IN
CLOS.
5'-0" X 4'- 3.5"
BEDROOM #1
11'-1" X 10'-11.5"
PATIO
9'-3" X 3'-7"
BEDROOM #2
13'-9" X 10'-5.5"
MASTER
BEDROOM
14'-1" X 11'-0"
GUEST
BATH
5'-0" X 7'- 7.5"
MASTER
BATHROOM
10'-0" X 5'-0"WALK-IN
CLOS.
5'-2" X 5'-0"
KITCHEN
6'-5" X 11'-3"
WALK-IN
CLOS.
5'-0" X 4'- 3.5"
BEDROOM #1
11'-1" X 10'-11.5"
DINING ROOM /
LIVING AREA
11'-11" X 15'-0"
PATIO
9'-3" X 3'-7"
COVERED CANOPYCOVERED CANOPY
A 1.2
GROUND LEVEL
FLOOR PLAN
GROUND LEVEL FLOOR PLAN
SCALE: 1/4" = 1'-0"N
TO THE BEST OF MY KNOWLEDGE THE PLANS
AND SPECIFICATIONS COMPLY WITH THE
APPLICABLE MINIMUM BUILDING CODES AS
DETERMINED BY THE LOCAL AUTHORITY IN
ACCORDANCE WITH THE 2020 FLORIDA
BUILDING CODE, 7TH EDITION ALL
AMENDMENTS AND SECTION 633 OF THE
FLORIDA STATUTES.
www.K rchitectsInc.com
$Oe[is KniJht
$rchitects, Inc.
100 NE 6th St. Ste. 102
Boynton Beach, FL 33435
Phone: (561) 374-9242
License Number: AR26002172
Copyright AKArchitects, Inc. 2010
STEVEN W. KNIGHT R.A.
FLORIDA R.A. #15312
ARCHITECT
CLM
APARTMENTS
PROJECT
KEY PLAN
REVISION
Scale
Date
Project Number
Filename
PROJECT ADDRESS
NEW BUILDING
SUBMITTAL PHASE
SHEET CONTENTS
SHEET NO.
P&Z
SUBMITTAL
PROJECT DISCRIPTION
2107 SE 3RD STREET A
BOYNTON BEACH FL
21.0044PROJECT
OWNER
2107 SE 3RD ST LLC
LAYOUT
DRAWN
REVIEWED
No.Description Date
TOTAL FIRST FLOOR UNDER AIR ------------------------------- 2,275 SQ FT
TOTAL SECOND FLOOR UNDER AIR ----------------------------- 2,275 SQ FT
TOTAL BALCONY -------------------------------96.4 SQ FT
TOTAL STAIR -------------------------------169.3 SQ FT
SQUARE FOOTAGE BY UNIT -------------------------------1,138 SQ FT
TOTAL BUILDING -------------------------------4,816 SQ FT
BUILDING SQUARE FOOTAGE BREAKDOWN
OCCUPANCY / CONSTRUCTION TYPE
CONSTRUCTION TYPE = TYPE V-B
OCCUPANCY TYPE = RESIDENTIAL
OCCUPANT LOAD = 4,816/200= 25
NUMBER OF STORIES = TWO (2)
OUTDOOR BENCH SPECIFICATION2SCALE: N.T.S
OUTDOOR PICNIC TABLE DETAIL3SCALE: N.T.S
TYPICAL COVERED BICYCLE RACK DETAIL3SCALE: N.T.S
BICYCLE RACK TO PROVIDE A MINIMUM OF 5 BICYCLES. DETAIL IS
REPRESENTATIVE OF THE STYLE ONLY.
BICYCLE RACK NOTE
Page 52 of 61
PLAN LEGEND
BEDROOM #2
13'-9" X 10'-5.5"
MASTER
BEDROOM
14'-1" X 11'-0"
DINING ROOM /
LIVING AREA
11'-11" X 15'-0"
GUEST
BATH
5'-0" X 7'- 7.5"
MASTER
BATHROOM
10'-0" X 5'-0"WALK-IN
CLOS.
5'-2" X 5'-0"
KITCHEN
6'-5" X 11'-3"
WALK-IN
CLOS.
5'-0" X 4'- 3.5"
BEDROOM #1
11'-1" X 10'-11.5"
BALCONY
9'-3" X 3'-7"
BEDROOM #2
13'-9" X 10'-5.5"
MASTER
BEDROOM
14'-1" X 11'-0"
GUEST
BATH
5'-0" X 7'- 7.5"
MASTER
BATHROOM
10'-0" X 5'-0"WALK-IN
CLOS.
5'-2" X 5'-0"
KITCHEN
6'-5" X 11'-3"
WALK-IN
CLOS.
5'-0" X 4'- 3.5"
BEDROOM #1
11'-1" X 10'-11.5"
DINING ROOM /
LIVING AREA
11'-11" X 15'-0"
BALCONY
9'-3" X 3'-7"
COVERED CANOPYCOVERED CANOPY
SECOND LEVEL FLOOR PLAN
A 1.3
SECOND LEVEL
FLOOR PLAN
TO THE BEST OF MY KNOWLEDGE THE PLANS
AND SPECIFICATIONS COMPLY WITH THE
APPLICABLE MINIMUM BUILDING CODES AS
DETERMINED BY THE LOCAL AUTHORITY IN
ACCORDANCE WITH THE 2020 FLORIDA
BUILDING CODE, 7TH EDITION ALL
AMENDMENTS AND SECTION 633 OF THE
FLORIDA STATUTES.
www.K rchitectsInc.com
$Oe[is KniJht
$rchitects, Inc.
100 NE 6th St. Ste. 102
Boynton Beach, FL 33435
Phone: (561) 374-9242
License Number: AR26002172
Copyright AKArchitects, Inc. 2010
STEVEN W. KNIGHT R.A.
FLORIDA R.A. #15312
ARCHITECT
CLM
APARTMENTS
PROJECT
KEY PLAN
REVISION
Scale
Date
Project Number
Filename
PROJECT ADDRESS
NEW BUILDING
SUBMITTAL PHASE
SHEET CONTENTS
SHEET NO.
P&Z
SUBMITTAL
PROJECT DISCRIPTION
2107 SE 3RD STREET A
BOYNTON BEACH FL
21.0044PROJECT
OWNER
2107 SE 3RD ST LLC
LAYOUT
DRAWN
REVIEWED
No.Description Date
SCALE: 1/4" = 1'-0"N
TOTAL FIRST FLOOR UNDER AIR ------------------------------- 2,275 SQ FT
TOTAL SECOND FLOOR UNDER AIR ----------------------------- 2,275 SQ FT
TOTAL BALCONY -------------------------------96.4 SQ FT
TOTAL STAIR -------------------------------169.3 SQ FT
SQUARE FOOTAGE BY UNIT -------------------------------1,138 SQ FT
TOTAL BUILDING -------------------------------4,816 SQ FT
BUILDING SQUARE FOOTAGE BREAKDOWN
OCCUPANCY / CONSTRUCTION TYPE
CONSTRUCTION TYPE = TYPE V-B
OCCUPANCY TYPE = RESIDENTIAL
OCCUPANT LOAD = 4,816/200= 25
NUMBER OF STORIES = TWO (2)
Page 53 of 61
Page 54 of 61
Page 55 of 61
Page 56 of 61
EXHIBIT D
Conditions of Approval
Project Name: CLM Apartments
File number: MSPM 21-002
Reference: 2nd review plans identified as a Major Site Plan Modification with a September 9,
2021 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. The plans must conform to all of the City of Boynton Beach Code
of Ordinances, standards, and requirements at time of Land
Development Permit. These permits include, but are not limited
to, the following: paving, drainage, curbing, site lighting,
landscaping and irrigation. The “Engineering Division Design
Handbook and Construction Standards ” manual is available at
the Engineering Division of the Public Works Department. Please
email mendozap@bbfl.us with your request to receive a copy.
The City’s code of Ordinances can be found:
http://library.amlegal.com/nxt/gateway.dll/Florida/boynton/boynton
beachfloridacodeofordinances?f=templates$fn=default.htm$3.0$
vid=amlegal:boyntonbeach_fl
2. The lighting design shall provide a minimum average light level
of one foot-candle with all light poles to withstand a 140 MPH
wind load and shall be operated by photoelectrical control and
are to remain on until one hour after closing or 2:00 a.m.
whichever is later per (2010 LDR, Chapter 4, Article VII, Section
3.). Lighting plan does not comply with the minimum average
lighting levels.
3. Page C1.2 Section A, please revise to prevent runoff to the
adjacent property. Please extend regrading to the new lot
boundary, I see a small section of the project still draining to the
south property.
4. Section C- Please continue positive grading to the property
boundary as a small area still draining to the north property.
5. Section D- Please continue positive grading to the property
boundary as a small area still draining to the north property.
6. An approved addressing plan will be required prior to permitting.
7. Provide concrete a concrete collar around all yard drains.
8. Please retain the existing sidewalk along SE 3 rd Street and
provide an easement for access to the sidewalk. Provide a
pedestrian connection at SE 20 th Ct.
Page 57 of 61
CLM Apartments (MSPM 21-002)
Conditions of Approval
Page 2 of 5
DEPARTMENTS
INCLUDE
REJECT
9. A four (4) foot wide sidewalk will be acceptable for the project.
10. The required Land Development Permit shall include a
geotechnical report and a drainage area map.
11. Please clarify how was the 13.3-foot berm elevation was
determined. Reflect clarification in the drainage calculations.
12. A 25-foot wide utility easement along the south property line is
required prior to permitting.
FIRE
Comments: None. All previous comments addressed at DART meeting.
POLICE
Comments: None. All previous comments addressed at DART meeting.
BUILDING DIVISION
Comments: None. All previous comments addressed at DART meeting.
PARKS AND RECREATION
Comments:
13. The applicable park impact fees ($2,712) is due at time of
permitting.
PLANNING AND ZONING
Comments:
14. Site Plan approval is contingent upon approval of the associated
Land Use Map Amendment, Rezoning and Right -of-Way
Abandonment applications.
15. A Unity of Title is required for lots 8,9,10,11,12 and 13 prior to
permit approval. Be advised that the City has a Unity of Title
application process in place that should be completed prior to
recordation with Palm Beach County. Please contact the
Planning and Zoning Division (561 -742-6260) to discuss the
application process.
16. The segment of S.E. 21st Avenue (a.k.a. Sunny Oaks Addition,
Lot 14) to be abandoned is serving a public purpose as it
Page 58 of 61
CLM Apartments (MSPM 21-002)
Conditions of Approval
Page 3 of 5
DEPARTMENTS
INCLUDE
REJECT
provides access to the adjacent property (Crestview Boynton
Beach, Lot 31). Be advised that Planning and Zoning approval of
this project is contingent upon the construction of an alternate
access drive connecting to SE 3rd Street prior to recording the
ROW abandonment documents with Palm Beach County. Please
coordinate the submittal of a Right-of-W ay Permit for the required
driveway with the City’s Engineering Division.
17. An approved SCAD (School Capacity Availability Determination)
application is required. Please submit a letter of approval from
Palm Beach County at time of permitting.
18. The east property line of the adjacent single -family property to
the south (Lot 31) is shown incorrectly on the Site Plan. Please
correct the property line on the site plan to be consistent with the
recorded Plat for the Crestwood subdivision (Book 23, Page
154).
19. Please revise the proposed lot size provided on the Property
Development Regulations table (0.78 AC) of the Site Plan to
include the portion of the ROW to be abandoned (0.78 AC + 0.08
AC = 0.86 AC total).
20. Please correct proposed square footage of Building C on the Site
Plan.
21. The required covered bicycle rack must support a minimum of
five (5) bicycles by its frame. At time of permitting, please provide
a color detail of the proposed covered bike rack with dimensions,
colors and materials.
22. The Photometric Plan (A3.0) should be prepared by a licensed
engineer.
23. Please revise the Luminaire Schedule and Calculation Summary
tables on the Photometric Plan (A3.0) to be consistent with the
proposed lighting levels.
24. The Photometric Plan should include the footcandle spot
readings along the walkways.
25. Per code, off-street light fixtures shall not illuminate any vertical
or horizontal surface on adjacent property or rights -of-way at a
level greater than 0.3 footcandles. Please reduce the lighting
levels along the interior side property line on the north side of the
site to 0.3 footcandles or less. Otherwise, include the adjacent
property/ structures on the plan and lighting levels near the
Page 59 of 61
CLM Apartments (MSPM 21-002)
Conditions of Approval
Page 4 of 5
DEPARTMENTS
INCLUDE
REJECT
building to show compliance with the above code requirement.
26. Please provide details of the proposed pole mounted light
fixtures with manufacturer specifications. Ensure the proposed
light fixtures are baffled, shielded, screened, or recessed to
prevent visibility of the lit portion of the fixture from off the
premises.
27. Be advised that sod is only permitted within open -play
recreational areas, as well as areas used principally for drainage
and storm water retention. Please remove the unnecessary sod
shown on the Planting Plan (L-2).
28. The required six (6) foot tall landscape buffer wall should include
a continuous hedge planted between the wall and property line.
29. The landscape buffer and strip on the southeast side of the
property is encroaching into the right-of-way – the triangular area
of the existing ROW labeled as Less and Except. Please revise
the landscape plan to depict the vegetation entirely inside the
property and along the diagonal property line.
30. The Planting Plan (L-2) shows a Cocoplum hedge overlapping
the parking lot area on the north side of Building A. Either,
increase the width of the foundation planting area to provide
sufficient space for the Cocoplum hedge to grow or remove the
hedge.
31. Per code, walls shall be designed in an architectural style
consistent with the principal structure(s) incorporating the
dominant exterior material(s), colors, and finishes of that
structure. At time of permitting, please provide a detail and
elevation of the decorative buffer wall showing the proposed
materials and color(s) specifications.
32. The Site Plan (SP-1) shows a walkway southeast of Building A
that connects to the existing sidewalk. This walkway connection
is not depicted on the Planting Plan (L -2). Please correct the
drawings to be consistent. Please ensure both plans are
consistent.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None. All previous comments addressed at DART meeting.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Page 60 of 61
CLM Apartments (MSPM 21-002)
Conditions of Approval
Page 5 of 5
DEPARTMENTS
INCLUDE
REJECT
Comments: To be Determined
CITY COMMISSION CONDITIONS
Comments: To be Determined
ADDITIONAL REPRESENTATIONS / COMMITMENTS
The applicant or applicant’s representatives made the following
representations and commitments during the quasi-judicial and/or public
hearings that now constitute binding obligations of the applicant. The
obligations have the same weight as other conditions of approval.
S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\MSPM 21-002\MSPM 21-002 COA.doc
Page 61 of 61