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Agenda 01-25-22
CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, January 25, 2022 TIME: 6:30 PM PLACE: 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 11/23/21 Planning & Development Board meeting. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Approve request for 1320 S. Federal Highway Height Exception (HTEX 22-001) to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. 7.B. Approve request for New Major Site Plan (NWSP 22-002) and Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to allow the construction of a 10,898 square foot structure and associated site improvements, on a 0.51 acre parcel, located at the southeast corner of S. Federal Highway and Riviera Drive, in the MU-1 (Mixed Use-1) zoning district. Applicant: Ty Eriks, MJ Jackson Holdings, LLC 7.C. Approve WXEL request for Future Land Use Map amendment (LUAR 22-001)from Recreation (R) to Office Commercial (OC), and Rezoning from Recreation (REC) to Office Professional (C- 1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. 7.D. Approve modifications to Chapter 2, Article 11, Section 2. Standard Applications to revise review criteria for future land use map and zoning amendments (CDRV 22-003). 7.E. Approve amendments to Chapter 1, Article 11. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off-Street Parking Requirements addressing Medical Care or Testing (In- patient), Beverage Manufacturing, Micro-Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses (CDRV 22-002) 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within fifteen minutes of the noticed start time of the meeting, Page 1 of 94 the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. Notice Any person who decides to appeal any decision of the planning and development board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony, and evidence upon which the appeal is to be based. (f. S. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742-6060, at least forty-eight (48) hours prior to the program or activity in order for the city to reasonably accommodate your request. Page 2 of 94 4.4.A. Approval of Minutes 1/25/2022 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 1/25/2022 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve board minutes from 11/23/21 Planning & Development Board meeting. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 11/23/21 Minutes Page 3of94 MINUTES � a PLANNING AND DEVELOPMENT BOARD 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, NOVEMBER 23, 2021, 6:30 P.M. PRESENT: STAFF: Trevor Rosecrans, Chair Mike Rumpf, Planning & Zoning Administrator Butch Buoni, Vice Chair Andrew Meyer, Senior Planner Tim Litsch Sean Swartz, City Attorney Kevin Fischer Jennifer Oh, Prototype-Inc. Thomas Ramiccio ABSENT: Darren Allen Lyman Phillips, Alternate Chris Simon Jay Sobel, Alternate GUEST—None. The meeting was called to order at 6:31 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 Mr. Litsch, seconded by Vice Chair Buoni, to approve the agenda. In a voice vote, the agenda was unanimously approved (5-0). 4. Approval of Minutes 4.A. Approve board minutes from the 10/26/2021 Planning & Development Board meeting. Motion made by Mr. Litsch, seconded by Vice Chair Buoni, to approve the October 26, 2021 meeting minutes. In a voice vote,the minutes were unanimously approved. (5-0). 5. Communications and Announcements: Report from Staff Mr. Mike Rumpf, Planning and Zoning Administrator, introduced Jennifer Oh with Prototype, Inc. Page 4of94 Meeting Minutes Planning and Development Board Page 2 November 23, 2021 Chair Rosecrans announced there will not be a December meeting due to lack of quorum. The next meeting will be January 25, 2022. 6. Old Business -None. 7. New Business 7.A. Approve 3518 Ruskin Avenue request for Annexation(ANEX 21-001)of a 0.8-acre parcel located at 3518 Ruskin Avenue. Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Steven Siebert, 12257 Calloway Gardens Road, Boynton Beach, FL, and 466 North Federal Highway, Boynton Beach, FL is their current office. They have been looking for land for a while and preferred to stay Downtown,unfortunately, it is not working out;everyone wants to hold onto their land and are willing to lease, but not sell. They found something that could be a fit to annex into Boynton. Mr. Siebert provided a brief slide presentation and noted the following: • The location of the Boynton Beach Mall and Washington Prime, the owner, is currently in bankruptcy. The little box shown immediately to the west of the mall is the property being discussed; the south edge is on Old Boynton and Javert Street is a County road adjacent to the City. Boynton Beach is to the south and east, so they are asking to infill a corner. • Currently, the property is a residential single-family zone, and they are proposing a C-1 Commercial Office zone, which matches caddy-corner across the street. • There is not currently a public sewer at this lot. A map was found, and the green indicates gravity lines, and the red indicates pressure lines. They have talked to three Civil Engineers they might entertain to do their site development drawings and one of the Engineers would like to talk to Washington Prime about the gravity line in their parking lot. They would have to file an easement to get to the gravity line, but it is an option. Another option suggested was extending the pressure line because they do not have to worry about invert depts and fall. • The red line is the gravity line extended to the north side of Old Boynton, and they would tie into what would potentially be their southeast corner. Everything in the easement becomes public and once they put it there it is a public force main. • The Future Zoning Map has the property in the County as multi-family residential, so the 0.8-acre lot they just purchased could be five-unit townhomes or multi-Use development. They are proposing under Boynton's future to be Office Commercial. They would like to stay in the City of Boynton, and this is an option that may work for them. In addition, zoning at the County would not work and in an informal conversation, they were not inclined to change it to Neighborhood Commercial but were happy to let them annex to Boynton. Chair Rosecrans opened discussion to the public. Page 5of94 Meeting Minutes Planning and Development Board Page 3 November 23, 2021 Ernest Mignoli,resident, 710 NE 7h Street,Apt. 407, Boynton Beach, FL, commented that he has become interested in the meetings, development, variances, applications, changing of zoning, and trends that are happening. He questioned what the office was for. Chair Rosecrans stated the packet is available on the City's website. It would be beneficial to review packets available, so the Board does not go over the same items that have already been covered. Mr. Mignoli indicated when he comes to a public meeting the presenter is supposed to present and everything is supposed to be up on the board. They were speaking about converting a residential area to an Office Commercial area,but the County did not want to, so they came before the Board. He questioned if Notices were sent out to people within 100 to 400 feet of the property and why none of the properties can remain residential. Hearing no further comments, Chair Rosecrans closed the public discussion. Mr. Ramiccio questioned if they are creating an enclave on the north side of Old Boynton by having one parcel carved out. He is in favor of annexation, they are taking a vacant lot, changing the zoning, and allowing a professional office, which makes sense with existing zoning to the east and north. He mentioned the car route on the north side and asked if it was considered an enclave. Mr. Meyer advised it would not be considered an enclave, the State has regulations for annexations. Any proposed annexation must be compact, so it does not create enclaves or pockets. This site was reviewed by City and County staff, and they also concurred this does not create an enclave as a pocket as part of the annexation. Mr. Rumpf questioned how far in the Future Annexation Element of the Comprehensive Plan the annexation goes. Mr. Meyer did not recall off hand. Mr. Rumpf stated that was created a few years ago and it has been a while since the Comprehensive Plan and the Data Analysis has been updated. He always refers to or corresponds with the Water Utility area because that is where they could legally annex through executing the Water Strips Agreement requirement for annexation,which goes out through the E3 canal west of Military Trail. When annexation was studied, that was the area they were using for their analysis. The E3 canal is north and south like the E4 canal, which is near Congress Avenue. Mr. Litsch commented this site is 0.8 acres and the County would permit five units to the acre, which means they would permit four single-family homes or townhomes, not five. The plan looks good, they are stepping down from the mall to Light Commercial in a residential area and that is the way zoning should go in a step mode. He would like to see evidence that the Code Enforcement case has been closed, that the fill and open storage has been removed, and the property is up to their standards when accepted. Page 6of94 Meeting Minutes Planning and Development Board Page 4 November 23, 2021 Mr. Fischer commented that the County's Comprehensive Plan also has a Future Municipal Annexation area to the canal west of Military Trail. He does not see that much land area being annexed into Boynton. Looking at aerials, this parcel has been vacant for years and when looking at the location next to the mall on Old Boynton,they are proposing Cl zoning,which is limited as to what can go there, it is not restaurants or retail, it will be office professional use, which he thinks is a logical use for this site. With a Future Land Use Change, it is Legislative in nature, so there is more room under allowable uses for Cl, such as banking and financial institutions. Many banks have drive-thrus, to minimize impacts on homes to the west, and he was thinking about putting a condition not to allow a drive-thru. Vice Chair Buoni mentioned the County report, which says right-of-way access to the property would be limited to Javert Street, so it is one-way in and one-way out of Javert Street and Old Boynton. Mr. Rumpf indicated as a general sense, attaching conditions to a Commercial zoning district may fall under a category of Contract Zoning. Vice Chair Buoni stated the only concern he had was having commercial traffic in a residential neighborhood. Chair Rosecrans questioned how long the property has been vacant. Mr. Meyers advised he was able to go back to 2008 and the property is still vacant. Motion made by Mr. Litsch, seconded by Vice Chair Buoni, to approve Item 7.A., 3518 Ruskin Avenue request for Annexation (ANEX 21-001) of a 0.8-acre parcel located at 3518 Ruskin Avenue. Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. In a voice vote, the motion passed unanimously. (5- 0) Approve 3518 Ruskin Avenue, request for Future Land Use Map Amendment from Palm Beach County's Medium Residential Classification with a maximum density of 5.0 dwelling units per acre(MR-5)to Office Commercial(OC). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Motion made by Mr. Fischer, seconded by Vice Chair Buoni,to approve Item 7.A., 3518 Ruskin Avenue, request for Future Land Use Map Amendment from Palm Beach County's Medium Residential Classification with a maximum density of 5.0 dwelling units per acre(MR-5)to Office Commercial(OC). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. In a voice vote, the motion passed unanimously. (5-0) Approve 3518 Ruskin Avenue request for Rezoning from Palm Beach County's Single- Family Residential (RS) District to Office Professional (C-1). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Motion made by Mr. Litsch, seconded by Mr. Fischer, to approve 3518 Ruskin Avenue request for Rezoning from Palm Beach County's Single-Family Residential (RS) District to Office Professional (C- Page7of 94 Meeting Minutes Planning and Development Board Page 5 November 23, 2021 1)under Boynton Beach. Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. In a voice vote, the motion passed unanimously. (5-0) City Attorney Swartz announced that since the holiday is causing a slight deviation with Public Hearing schedules, this item would normally go to next month's second meeting for Commission review, beginning with a First Reading Public Hearing. There is not a second meeting due to the holidays, so it will go to the January 4, 2022 meeting and then to the January 18, 2022 meeting. 7.B. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV, Sign Standards, that update the City's Sign Standards intended, in part, to increase allowable sign types, add flexibility to, and further incentivize the use of sign programs in multi-tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. Mr. Rumpf provided a brief Power Point presentation. Due to various complaints, comments, and feedbacks from businesses or the sign industry,based upon lack of flexibility or different issues in curbing reviews and process requirements, staff was prompted to evaluate the sign code for a possible update. The target objectives considered had to do with increasing sign area and opportunities, adding flexibility to the sign program requirement for shopping centers and multi-use developments. Staff wanted to be sure they were reviewing the sign code to be defensible and consistent with legal precedence and other related mandates and State Statutes that might address sign code regulations, business and sign visibility, transit needs, and whether the code warranted changes to their relief standards. They proposed to add digital, also called Electronic Message Centers, or changeable copy enhancements, as well as A-frame signs, and to increase wall sign area for small spaces. One of the few regulatory additions would be addressing human signs, sign waivers, or walkers. Opportunities are proposed to enhance canopy signs, provide portable and flexibility, and reduce sign setbacks, as well as addressing signs on an individual basis. Several scenarios were reviewed regarding lighting and Electronic Message Centers. The maximum area of existing signs is 50% or 35%, depending on the type of sign. They can require signage to be automated and sophisticated, so it can dim automatically under different lighting conditions;control or regulate whole time to prevent lights from flashing, flicking, and moving quickly to attract more attention; and they can require signs to have a default message if it malfunctions. Signs would be limited to one per property or use. The sign program would have to be updated for the project to be allowed to have the sign. After the draft was provided at the last meeting, a provision regarding use of colors was added; signs are restricted by maximum colors. Mr. Ramiccio mentioned allowable copies that might be offensive and questioned how that would be addressed. Mr. Rumpf stated there is currently wording in the code that addresses objectionable and offensive things. The language might be old and more applicable to the adult entertainment world; otherwise, they stay away from regulating copies. Page 8of94 Meeting Minutes Planning and Development Board Page 6 November 23, 2021 Mr. Ramiccio commented on the number of copies on a fixed building and questioned how that would be handled. Mr. Rumpf advised it is based on the object itself, the size of the screen is what is measured to the overall area of the sign, each screen image does not necessarily represent going toward the maximum sign area the project is allowed. The image must be static for a certain amount of time and then it changes. Mr. Litsch questioned if the City Attorney was comfortable limiting the number of signs per element; the slide shows there cannot be more than one Electronic Message Center on a property. If there are two businesses on one piece of property, he questioned how they would tell one business they could not have a sign because the other property already has one. City Attorney Swartz indicated only one business per site could have a sign and then the next business would not be able to have the same sign. Mr. Rumpf clarified there would either be a standalone business, which would be allowed to have a sign, or a shopping plaza, or power center, which are limited to a certain number of signs. Examples of what will not happen is signs will not be on the wall, only on monument signs, which is shared space along all tenants on the property. It will be up to management of the property owners as to what goes on the sign and how it is leased and charged for that space. Vice Chair Buoni expressed concern regarding size and location and questioned if there is a square footage requirement. Mr. Rumpf reiterated it must be on the signage itself, it is called a site sign, not a wall sign. The sign cannot exceed 50% of 35% of the monument sign, depending on the type of sign. Chair Rosecrans asked about the neighbors to the north and south and their electronic signs. Mr. Rumpf stated he would check and noted this is not loud on certain corridors, particularly within the CRA. Vice Chair Buoni mentioned night illumination in Tampa and stated it pops,which is one thing that scares him. Mr. Rumpf commented it could be negligence on part of the jurisdiction to not manage the sign properly. He wrestles with technology as to which system to regulate them by, whether it is illuminations or luminance; there are two styles that require two different measurement devices. One is a cheap simple light meter and the other is more expensive and would be cost prohibitive to use on a common scale. Mr. Meyer advised he is familiar with Lake Worth's code, and they permit this type of signage, but have similar restrictions regarding message length and transition time; they only restrict it to certain uses, such as government or church type uses, not for commercial use. He thought indoor recreation was the only commercial use they would allow. Page 9of94 Meeting Minutes Planning and Development Board Page 7 November 23, 2021 Mr. Rumpf mentioned A-frame signs, which the City does not allow, but many people use them anyway. Provisions are being placed and it encourages use of a site program and in a shopping center multi-use project does not have them. They thought about producing a standard template or option that could be used to maintain some standards; materials must be quality, low tech. One of the objectives was to see what areas do not have the opportunity for ideal signage and those were found to be isolated industrial pockets. Some areas were not planned with that type of signage and were not planned districts, they are just conventional industrial areas off the path and would be prohibited because it would be considered an off-site sign that has never been allowed. Provisions of exceptions to that rule are being created. In speaking with Economic Development staff,they were interested. They have networked with some of the business communities and were enthusiastic about setting up discussions to see what they could coordinate. Currently, the wall sign is a factor of linear frontage. Small businesses would not have equitable sign rights given the fact they would be the same distance to roadways or pedestrians. Language has been carefully crafted, which is believed to be within the limits of free speech rights, laying out how they can operate and can be with respect to the business they advertise. Currently, City regulations regarding awning signs only allow brief use of the awning itself or the valance, which is the flat portion that hangs down. There are three examples of body signs, and they are proposing to introduce the flat metal canopy sign, which the code is silent to right now. They are encouraging its use and not preventing its use based upon whether the business is already maxed out of their maximum allowed allocation. The City has been strict with signs for planned unit developments given the fact many communities are gated and out of sight for the public,which opens the door for them to use a sign program. Site Plan and Flexibility is the most significant change. The sign program provisions and regulations require the sign program to coincide or satisfy all the requirements of the sign code itself, meaning maximum area, type, size, etc. It does not allow a give and take circumstance but allows them to be flexible as long as it meets general objectives of the sign code. The Betterment Plan was introduced into landscaping regulations when the code was updated in 2010. It allows for qualified, experienced landscape architects to come to the City with a landscape project that deviates from City standards when it could be better. Regarding reduced sign setback, currently the setback is ten feet, and can be reviewed on a case-by-case basis on a permit review less than five feet. Other amendments worthy of recognition were some cleanups in the code,removal of murals because that is administered under a different City program and exempting municipal signs. Currently, there is no illumination through exterior means in a residential zoning district, but there are non-residential uses in the residential zoning district, and some are not excluded, such as churches or schools along major roadways. Allowing flexibility and design allows signs to have greater architectural elements and features or artistic or enhancements of the sign and those, up to a certain dimension, would not count against the sign area calculation. Signs in urban areas should be considered for an exception of landscaping as there may not be space versus the pedestrian way. Accessory type signs are encouraged. Extensive resources were used in updating and proposing changes, not to mention other City regulations, including the International Sign Organization, regarding the Electronic Message Center sign technology. Page 10 of 94 Meeting Minutes Planning and Development Board Page 8 November 23, 2021 A few photographs were added for visual aids if needed. COMBINE THESE INTO ONE PARAGRAPH —DON'T KNOW WHO SPOKE Mr. Rumpf mentioned snipe signs and the overall aesthetics when looking at the streetscape. It is all about enforcement; there is a standard and signs are limited to the entrance door, a percentage of area on the glass, and lighting around the windows is not allowed. It is important the Board and Commission review and consider this as to where they want to go. There will be more of a Boca look, which is more stringent regulations, versus the greater variety in terms of color, font, and styles. No one will see a combination of channel letter signs next to cabinet signs. Over time, they might be reviewing new businesses and require channel letters versus older signs that might be box or cabinets. Mr. Litsch noted Line 572 through 598 are duplicates. Vice Chair Buoni questioned if there was enough staff to initialize and cause this to happen, but to follow up on ensuring the right thing is being done. Mr. Rumpf heard two different questions, one is an increase in workload and the other is the ability to review these in an administrative realm. He replied yes and yes. They have a fair number of challenges with respect to sign applications that do not conform, and staff must go back and forth in the reviews. A low percentage do not get worked out, so the increase from this is going to be minimal. It will push sign programs like they do now. The workload is not going to differ too much. Regarding technical and professional abilities, two staff members are trained architects. He stated they would be watching these closely to see if they are getting objectives and if things are not working the way they want, they will change them. Chair Rosecrans mentioned reducing the setback from ten feet to five feet and asked if Engineering would review that for horizontal stopping site distance. Mr. Rumpf stated it would probably be an Engineer. In looking at changes compared to existing regulations, are and height are not increasing. Motion made by Mr. Litsch, seconded by Mr. Fischer, to approve Item 713, amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV, Sign Standards. In a voice vote, the motion passed unanimously. (5-0) 7.C. Approve amendments to the LAND DEVELOPMENT REGULATIONS,revising Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with and implement new state laws regulating applicable to Home-based businesses. City initiated. Page 11 of 94 Meeting Minutes Planning and Development Board Page 9 November 23, 2021 Mr. Rumpf explained this group of amendments has been prompted by changes in the last Legislative session in the State of Florida, somewhat preempting the City's ability to regulate what is currently called Home Occupations. The first one is to implement changes into regulations to show conformance with State Statutes, but also an attempt to put some parameters on the vague language they have put into place from this Bill. Over half or three-quarters of the language is to bring in terms, census, characteristics, and spirit of the law itself in addition to adding some standards. The change to the definition is in the attachment; changing from Home Occupation to Home-based Business, which is per the Statutes. He mentioned the Statutes and stated the most provocative is opening the door for any type of business to operate in a residential environment in the home with only the restriction of parking and how it performs and appears. A subjective appearance must be maintained in spirit of the natural environment, and they proposed to put a couple of standards in place to put some definition to it. He has worked with the City Attorney's office to find what might be an acceptable ground without getting too close to pushing the limits on the regulatory limit the State of Florida executed. • A new maximum percentage of the area that can be used for the business increasing the current maximum of 20%to 50%. • If Inspectors saw a room engulfed with equipment there could be a question of residential use. • Residents would need to get approval and licenses to operate,but after that,the use might begin to grow and work into something greater, which might push the envelope on residential use. Mr. Rumpf complimented the regulations that prohibit parking on surfaces that were designed or approved for parking. Currently, basic property maintenance standards do not prohibit parking on non-driveway surfaces, and they do not restrict parking on swales. If the Swale becomes deteriorated or a certain percent of the lawn is gone, then Community Standards has a code to enforce. This regulation says business vehicles are those related with the business cannot park in the street, on the sidewalk, or hang over the sidewalk. Ernest Mignoli, resident, 710 NE 7h Street, Apt. 407, Boynton Beach, FL, commented that people are allowed to run businesses from their homes and when calls are made to the City requesting an inspection, they are told they cannot inspect. Planners and City Attorneys make it sound like everything is being enforced, but nothing is being done. Chair Rosecrans advised Mr. Mignoli was provided a copy of the State Statutes, which has warranted the Board's actions. Mr. Fischer stated the County has a department that follows Legislative actions, which was something the County was not supportive of. In terms of a Home-based business being an accessory to the home, he would like to see the percentage less than 50%. There are other standards in the code where things go up to 25%, so there are examples where lower percentage thresholds are used for accessory type uses. He requested clarification from the City Attorney. Mr. Rumpf stated it is a grey area and is subjective. He thinks the City Attorney's office is ruling on the conservative side. City Attorney Swartz read the Statute. Page 12 of 94 Meeting Minutes Planning and Development Board Page 10 November 23, 2021 In response to Chair Rosecrans, City Attorney Swartz clarified they cannot be regulated in any way, that is in violation of the Statute. If someone says this is their secondary use as a Home-based business, how can they argue it is not secondary if it is up to 49%. From a legal perspective, they are trying to stay away from violating the Statute and that is what the City must do. Mr. Rumpf mentioned the application process and whether it is accessory or secondary; they require a floor plan be provided so it shows what space in a use is allocated. He questioned if staff could require the same under the Home-based review. Chair Rosecrans stated as long the other businesses are regulated the same way. Mr. Ramiccio heard through the Legislative buzz that this is coming back through a Committee. During Covid a lot of businesses struggled, so a lot more Home-based businesses were applied for, and many people worked from home. There are a lot of areas that need to be fixed. He thinks their best hope would be to be as stringent as possible, but 50% is too much. Regulations are the only way to control this and to limit it as much as possible. Chair Rosecrans asked when this needs to be put in the code. Mr. Rumpf advised it has been in effect since July 1, 2021. Vice Chair Buoni mentioned Homeowner's Association and condominium documents prohibit businesses. He stated the Declarations for his Village state there will be no businesses and he questioned if that was precedence where they cannot deny them a business. City Attorney Swartz read 5A of the Statute and said it does not apply. Chair Rosecrans mentioned enforcement and personnel because he does not see any enforcement. Vice Chair Buoni commented that self-reporting things were brought up before and he thinks if it is in violation of the Homeowner's Association or condominium documents it would have to be reported as a violation for anyone to do anything about it. There is an internal process between Homeowner's Associations and condominiums before it comes outside of the gates. City Attorney Swartz indicated it does not supersede existing or future documents. Ernest Mignoli, resident, stated he does not want any massage parlors next to him. City Attorney Swartz indicated enforcement is already in effect. Motion made by Mr. Litsch, seconded by Vice Chair Buoni, to approve the amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article 11, Definitions, Chapter 3, Article IV, Section 1, Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. In a roll call vote, the motion failed. (1-4) Page 13 of 94 Meeting Minutes Planning and Development Board Page 11 November 23, 2021 Ayes: Fischer Nays: Buoni, Ramiccio, Litsch, Rosecrans 8. Other—None. 9. Comments by Members Vice Chair Buoni commented that it would be nice to have larger screens on the laptops. 10. Adjournment Upon Motion duly made and seconded, the meeting at was adjourned at 8:08 p.m. [Minutes prepared by C. Guifarro,Prototype,Inc.] Page 14 of 94 7.7.A. New Business 1/25/2022 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 1/25/2022 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for 1320 S. Federal Highway Height Exception (HTEX 22-001) to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. EXPLANATION OF REQUEST: The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The Land Development Regulations, Chapter 3, Article 111, Section 5.C.1, Mixed Use (Urban) Districts Building and Site Regulations, limits all structures located within the MU-1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8". Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU-1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: Non-budgeted NA ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION APPLICATION: NA Is this a grant? Grant Amount: Page 15 of 94 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map ExhibitA. Location Map D Drawings Exhibit B ® Plans D Conditions of Approval ExhibitC—HTEX 21-001 COO D Attachment Project Narrative &Justification Statement Page 16 of 94 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-006 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda Radigan Principal Planner DATE: January 19, 2022 PROJECT: 1320 S. Federal Highway (HTEX 22-001) REQUEST: Approve request for Height Exception (HTEX 22-001) to allow the tower elements and architectural features of the 1320 S. Federal Highway project to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. PROJECT DESCRIPTION Property Owner: MJ Jackson Holdings, LLC Agent: Bradley Miller, Urban Design Studio Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit "A": Location Map) Existing Land Use: Mixed Use Low (MXL) Existing Zoning: MU-1 Mixed Use 1 Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU-1 Mixed Use 1 Acreage: 0.51 acre Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; Page 17 of 94 Page 2 1320 S. Federal Highway HTEX 22-001 South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. BACKGROUND The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area(CRA).The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22- 001), to again undergo the necessary application reviews culminating in City Commission review and approval. ANALYSIS The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal Highway with an extensive setback to the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stir towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The Land Development Regulations, Chapter 3, Article III, Section 5.C.1, Mixed Use (Urban) 2 Page 18 of 94 Page 3 1320 S. Federal Highway HTEX 22-001 Districts Building and Site Regulations, limits all structures located within the MU-1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height standard, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8". Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU- 1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. As evidenced by previous approvals, this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception and the distance separation from other commercial or residential structures. The sizeable distance to the nearest residential structure further diminishes any potential incompatibilities associated with this request and allows the roof deck of building to be accessed and shaded during use. RECOMMENDATION Staff has reviewed this request for a Height Exception 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 Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\Height Exception 1320 S. Federal Highway Staff Report.docx 3 Page 19 of 94 Exhibit A LOCATION MAP r SE12tl love _ n + r psi r �It t 1 , �R"s I��IFI}1S � Z:Ydtr ;fAlS (yy t?G Phk � s x I+ F + ,E E Woolbright Rd Legend N TCEA Boundary o 25 5o d ,ot20 4 s �3aa,o 3a 3aao �dse3a3s3 o�aedo�a3 U) m US£17££-I3�H:)VHH NO.LALIOH Z I� N H'IVHHQ .LIIOHIH3 HOS OL = Z 0 pop, lb/�023ddb Nbld 311Sii PH _ D LU �- 3oI�dO Wb :G(13�HinoS on i w m LU LU oo `o j poo <<�_ — QQQ ow w =p� — w o oQN o J 0 0 0 oo = w Q Z � - (J j om 'ool Aga k wa - 4 www p p 5 Bill, 0 KEE-- Io F tj T- oe s oe I o �w �m n s �3aa,o 3a 3aao �dse3a3s3 o�aedo�a3 U) m +�+ S£17££-I3�H:)VHH NO.LALIOH �� (DZ M U H'IVHHQ .LIIOHIHI HOS OL Z 0 I� pr �' -1VAM:3ddV NVId 311S ;' s m LU 30I�dO 1b233O3�Hl(lOS OZ£l �w z� oo poo - «<�o'���wj= w =po o-<I<' �B� o - o z oQ - - J _ a_� 'o �� - oW W `> z o J — o — �o5 u I I lo z Aga Uoowa - o 4 z o� 5 - o w «a - r m S o o gI .o,. Z Z o 0 Wo W o� o� rn� zy J iAll i w „�BB,�o��eae�tiNas ozEr000u�a�a�B�waaa�d—,Bur�ra��m:BEa,000u�B��N 000u���e�row�4�000u�oo�4�,reivaMe�s ��e�oEs�zov�� 6 E N 5) Eo 06— O o o � o � cc H Z �il! ISI ' 1 o Im J r r r ,l o o LU LU LU x a I J I LL zp}^� 0 LU ,FBF LU 0 W I 0 0 u t 4{7 :: EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Highway File number: HTEX 22-001 Reference: 1St review of plans identified as a Height Exception with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: None PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\ExhibitC_HTEX 21-001 COA.doc Page 24 of 94 1 ba 1320 S. Federal Highway urn stualo,n Property Owner: MJ Jackson Holdings, LLC Applicant: MJ Jackson Holdings, LLC Agent: Urban Design Studio - Bradley Miller Urban Planning and Design Site Location: 1320 S. Federal Highway Landscape Architecture Site Area: 0.51 Acres Communication Graphics Land Use/Zoning: Mixed Use — Low (MXL)/ MU-1 Proposed Uses: Medical/Professional Office, Retail, Art Museum Request(s): Major Site Plan Application/Height Exception Submittal Date(s): December 22, 2021/January 12, 2022 APPLICATION SUMMARY On October 16, 2018, the City Commission approved a Site Plan for this site consisting of a 3 story, 10,898 square foot mixed use building at the northeast corner of Federal Highway and Riviera Drive in the City of Boynton Beach. After the approval, the anticipated deal of the property owner and intended tenant of the building fell through, leaving the property undeveloped. On February 11, 2021, the property was sold to MJ Jackson Holdings, LLC, of which the principal is Ty Eriks, DMD, a dentist with an existing practice in Boynton Beach. He purchased this property with the intent to relocate his dental practice and invest into the community. Upon research after the purchase, it was discovered that the prior Site Plan approval and related Height Exception had expired. Unfortunately, to reinstate the Site Plan and Height Exception, applications must be reprocessed through the review and approval process with the City. The mixed-use land use and zoning designations that were approved in 2018, does not expire and therefore remains as MXL (Mixed Use Low) land use and the Zoning is MU-1. Accordingly, this application is requesting re- approval of the same 3 story, 10,898 square foot mixed use building. Upon approval and permitting, the site will be developed, and the third floor will be occupied by Dr. Eriks practice. The second floor is anticipated to also have either medical or professional office space and the ground floor is proposed at this time to retain the retail and art museum space as originally approved. SITE CHARACTERISTICS The subject site is 0.51-acre property is located on the east side of Federal Highway, north of Woolbright Road, at the northeast corner of Riviera Drive. Up until approximately 2005, this property was the location of the IHOP Restaurant. Once the restaurant was razed, the site has remained undeveloped. Meanwhile, the area has developed with additional residential uses in Boynton One at the northwest corner of Woolbright Road and Federal Highway, as well as Riverwalk which is presently under construction at the southeast corner of that same intersection. The adjacent uses are more specifically described as follows: NORTH: One story office condo building classified as Office Commercial (OC) land use and zoned Office & Professional Commercial (C-1) SOUTH: Snug Harbor Gardens - a multi-family, age restricted, condominium residential development. WEST: Right-of-way for Federal Highway, then farther west is Dunkin Donuts Restaurant classified West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 25 of 94 2 as Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3) as well as the mixed use residential and commercial development, Boynton One; and EAST: Single family residential homes. PROPOSED DEVELOPMENT As indicated, the proposed development is consistent with the prior approvals consisting of a 3 story building with 10,898 gross square feet to have a mix of uses including medical/professional office on the upper two floors and retail and an art museum on the ground floor. The site will contain parking as required by the City's regulations and as shown on the Site Plan with a driveway off of Riviera Drive. A 5-foot sidewalk will be provided along the property fronting Riviera Drive for pedestrian interconnectivity from the building to the residential area east of the property. An engineering waiver is being requested to increase green space for the site by reducing the length of the interior parallel parking spaces on site and along Riviera Drive from 25'to 22'. This will allow for larger planting areas making the streetscape more attractive and ease the transition between the commercial and residential areas. Since the original approval, the Site Plan has been slightly adjusted to provide a wider pedestrian zone along the frontage of Federal Highway per current regulations. The pedestrian zone will include street trees, sufficient walkway for pedestrians and an active area to engage outdoor activity for the ground floor businesses, consistent with the Community Redevelopment Agency's Redevelopment Plan that was adopted on 2017. The building is proposed to have the same contemporary architecture as the prior approval. The first floor consists of 1,920 square feet of retail space and a 900 square foot art museum. The second and third floors will be 8,078 square feet of medical office space with a roof deck on top of the building. Architectural floor plans and elevations are provided to show the interior space layout and exterior elevation design, The architecture is contemporary, open and inviting. The color palette is neutral, the perfect setting for the museum art displays which are a special feature of the building. Access to the building is from both the east and west sides and a drop off and entry to the building on the east side. Trash rooms for roll out containers, are provided under the stairwells and there is a covered bike rack on the east side of the building. A 5.0-foot-wide landscape buffer is provided along the north property line and 7.0-foot landscape buffer along the south property line for screening of the parking area. A small portion of the buffer area along the north property line will be paved for handicap accessibility. A 6 foot FPL easement also exists along the north property line but it is anticipated to be abandoned so it will not conflict with buffer landscaping. The development of this site will further enhance the southern Federal Highway corridor and provide office space for an existing Boynton Beach dental practice and potentially other businesses. REVIEW CRITERIA Provided below is the justification from the prior approvals for the review criteria for the Site Plan that includes a Height Exception and a parking reduction based on the project complying with sustainable development and construction. HEIGHT EXCEPTION Pursuant to Chapter 2, Arctic II, Sec. 4.C., this application requests approval of a height exception for the peak height of the elevator shaft/stairwell which exceeds the maximum allowed MU-1 zoning district height of 45 feet by 9.10 feet for the proposed 1320 South Federal Highway mixed use project. The building is designed with a flat roof at 44'-8" above the flat roof is a 4' parapet, a stairwell on both the north and south side of the building which extends to 51' 8" and an elevator shaft with a height of 54' 9". The intent of the parapet is to screen West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 26 of 94 3 mechanical equipment. The stairwell and elevator shaft will allow access to the roof deck which will be used as an area for meditation and light exercise by patients of the medical space.The roof deck will also provide"green" components adding to the sustainable construction. The trellis is an architectural element which will support the rooftop deck outdoor area. Chapter 2, Article II, Section 4.0 of the City's code is adopted to allow for requests of height exceptions to accommodate building fixtures such as those proposed by the application.The proposed request satisfies the review criteria as indicated below. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses. The parapet, elevator/stairwell and architectural element are provided as a "finish" to the top of the building and screening of mechanical equipment and the elevator shaftistairwell that extend above the roof line for access. These proposed architectural features enhance the sustainability of the building and will not have an adverse effect on the subject site or surrounding properties. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations. The height exception will ill ow for the development of this vacant parcel in an area that is promoted by the City for redevelopment. The height exception will not be a' deterrent to development or improvement of adjacent properties. c. Whether the height exception would contribute to the architectural character and form of the proposed project; As indicated above, the parapet, elevator/stairwell and architectural element provide a "finish" to the top of the building and provide screening of mechanical equipment and the elevator shafts provide access to the roof deck. These features contribute to the architectural character of the building and sustainable components of the project. d. Whether the height exception would positively contribute to the city's desired image, street scape design, or recommendation of any applicable redevelopment plan. The future land sue recommendation of the CRA Redevelopment Plan for this property is Mixed Use - Medium which allows for building height of 65' - 75'. The proposed land use is Mixed Use-Low based on the size of the property. Considering this, the requested height exception is well below the projected and recommended building height for this area of the Federal Highway Corridor. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives. The height allows the proposed development to include sustainable development and green initiative features with a rooftop deck to compliment the medical office use. f. Whether the height exception is necessary and not proposed in a manner with which the principal objective is to maximize project visibility without concern for architectural or aesthetic integrity; and To the contrary. The purpose of this height exception is to provide for better architecture and aesthetics of the building sustainable use of the rooftop deck and overall project. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 27 of 94 4 g. Whether sufficient evidence has been presented to justify the need for a height exception. This application is reviewed by staff to make that determination; however, the applicant fully believes that there is sufficient justification for the height exception approval. PARKING REDUCTION - SUSTAINABILITY Based on standard parking rates, the proposed development of 9, 998 square feet of medical office and retail space and 900 square feet of art museum wo�Id require 53 parking spaces as calculated below. Office/Retail 9,998 sf x 1 space/200 sf = 50 spaces Art Museum 900 sf x 1 space/300 sf = 3 spaces TOTAL STANDARD PARKING REQUIRED 53 SPACES This application applies the reduction of parking based on sustainability criteria found in Chapter 4, Article V, Section 3.G. of the Code. The intent of this code section is to allow a reduction of parking to promote or recognize sustainable design or operation subject to addressing specific criteria. The stated code section allows a reduced parking rate for office and retail space to 1 space per 250 gross square feet of building area rather than the standard rate of 1 space per 200 gross square feet which reduces the required number of parking to 40 spaces for the retail and office space and a total of 43 spaces with the 3 spaces required for the art museum. Based on the reduced rate, the proposed parking calculation is as follows: Office/Retail 9,998 sf x 1 space/250 sf = 40 spaces Art Museum 900 sf x 1 space/300 sf = 3 spaces TOTAL SUSTAINABILITY PARKING REQUIRED 43 SPACES The proposed 1320 S. Federal project provides 44 parking spaces with 31 spaces on site and 13 spaces on street adjacent to the property along Riviera Drive. The 31 spaces on site consist of 24 standard sized spaces, 2 handicap spaces, and 5 parallel spaces. In addition, the project provides covered storage areas for bicycles and scooters. There is an electric charger that will serve 2 of the standard spaces. The proposed parking is consistent with the eligibility requirements of Chapter 4, Article V. Section 3.G, to allow for a reduction of parking from the standard rates of Chapter 4, Article V, Section 2.B. and 2.C. Although it is not anticipated to be needed, the tenant will arrange for valet parking within the site as a contingency for the 10-space difference between the standard parking requirement and the sustainability parking requirement. A detail of the "contingency valet parking" is provided on the Site Plan. Between the parking and the"green"construction methods,this request will be consistent with other urbanized areas of the County and comply with the regulations of Chapter 4, Article V. Section 3.G as indicated below. 1. Applicability: The 1320 S. Federal project is a mixed-use project in an area where the City promotes more intense and urban development. It is located on Palm Tran Route #1 which is a bus route that spans the length of Palm Beach County. The proposed development promotes use of alternative modes of transportation including bicycles, scooters', and motorcycles, compact and electric cars and is located within walking distance from residential housing and basic services. These are all characteristics of urban and sustainable development. Article V, Section 3.G of the code states that these regulations are to promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources. This 1320 S. Federal project is West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 28 of 94 5 committed to an urban project with sustainable design and operation that will promote alternative means of transportation available to this site. The mix of medical office, retail and art museum use is intended to share the 44 parking spaces that will be available (excludes the contingency spaces) to employees and patrons. Based on this, there is sufficient, to support the sustainable project goal of minimizing parking and providing open space in this area, which is being encouraged for a more urbanized, mixed-use development. 2. Application and Development Requirements: As required under Subsection 2 of this code section, a parking reduction is being requested with the site plan review process. Subsection 2 continues with sixteen (16) requirements to demonstrate that the project should be considered for the parking reduction. The 1320 S. Federal project complies with these requirements as indicated below. a. Describe in quantifiable terms, how the project provides an increase in green space (pervious area)which otherwise would be paved for parking spaces. The 1320 S. Federal project is located on the Federal Highway Corridor which has-been identified and designated for an increased intensity of urban uses with an emphasis on pedestrian interconnectivity and alternative means of transportation. Reduced parking corresponds with those characteristics and current trends of alternative transportation. The reduced rates of Section 3.G in themselves reduce the paved surface overall needed for parking. The project design however continues to provide green space within the project by providing street trees along' Federal Highway, perimeter landscape buffer areas and a central landscape median strip within the parking lot which can be planted with trees for additional shade. Overall, the site has approximately 22% pervious area which is consistent with many suburban developments, but also implements the desired urban design of building location and pedestrian enhancements. b. Accommodate fuel efficient vehicles through provision of covered and well-illuminated locations with apparatus for parking and locking of bikes and low-powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. As shown on the Site Plan, the project design incorporates a covered area for bicycle parking and charging stations for electric cars. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. The proposed development does not include motorcycle parking. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles and disbursed throughout the project to maximize accessibility and convenience. The proposed development includes no compact parking spaces which is 8% of the required parking. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 29 of 94 6 e. Provide efficiency in parking design including consideration for space- conserving tandem spaces when functionally feasible. The property is too small to effectively utilize tandem spaces. However, although not anticipated, tandem spaces could be used as a contingency for valet parking. f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000)square feet for nonresidential developments in excess of seventy-five thousand (75,000) square feet). As indicated on the site plan, one charging station will be provided which will serve 2 spaces. g. Design for maximum pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. The Project design provides easy pedestrian access to the building entrances by providing an entrance plaza at the corner of Federal Highway and Riviera Drive, and two entrances, one from the parking area on the east and another from the Federal Highway sidewalk. Sidewalks are provided along Riviera Drive and Federal Highway. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. The 1320 5. Federal project is planned and designed with sufficient parking. In the unexpected circumstance that additional parking is needed,valet service will be provided by property management. An area of the parking will be set aside to maintain the parking needed for employees and tenants and the remaining area can be used for valet parking similar to other businesses in the downtown area. A detail is included on the Site Plan to show the method of contingency valet parking if required. i. Facilitate a ridesharing/carpool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. Where possible, the tenant will encourage ride sharing and carpooling for employees, however as indicated previously, the number of employees anticipated is low. With that said, there are several residential communities within proximity which could serve as a good source of future employment opportunities. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. The management staff will maintain an updated mass transit schedule in the bus shelter on the property and building lobby. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 30 of 94 7 k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee based. Residents should be polled for interest. The proposed development does not include a residential use however if and when needed or appropriate, the tenant here considered implementing a pickup/drop off service for patients. I. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. The proposed development does not include a residential component therefore this criterion is not applicable. m. Provide the following information to residents at time of lease and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working)environment that facilitates a reduction in required parking spaces while accommodating bikes, low-powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information". The proposed development does not include a residential component therefore, this criterion is not applicable. n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. The proposed development does not include a residential component therefore, this criterion is not applicable. o. Implement an operational rule prohibiting operator, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. The proposed development does not include a residential component therefore, this criterion is not applicable. p. Consent to provide a report containing evidence of continued compliance with the requirements herein upon request by the city. At the request of the City, a report containing evidence of continued compliance with the requirements of sustainability parking. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 31 of 94 8 WAIVER APPLICATION JUSTIFICATION Based on CRA comments and to increase the green space for the site, we are requesting a waiver to reduce the length of the interior parallel parking spaces on site and along Riviera Drive from 25'to 22'. This will provide larger planting areas to accommodate more landscape materials making the streetscape more attractive and ease the transition between the commercial and residential areas but retain sufficient space for the parallel parking. 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, loading, building height, etc. CONCLUSION The proposed 1320 S. Federal project will implement the goals and incentives established by the City for mixed use development that incorporates enhanced pedestrian areas and sustainable development. Approval of this application will allow an existing business to grow and embellish a vacant property with a sustainable building and site that can be enjoyed by patrons and residents of Boynton Beach. On behalf of the Applicant, the Agent respectfully requests your consideration and support of this application. Project Managers at Urban Design Studio are Bradley Miller and Christi Tuttle, who can be reached at (561) 366-1100 or ctuttle&udsflorida.com and bmiller(a-)udsflorida.com should additional information be required. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 32 of 94 7.7.B. New Business 1/25/2022 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 1/25/2022 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for New Major Site Plan (NW SP 22-002) and Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to allow the construction of a 10,898 square foot structure and associated site improvements, on a 0.51 acre parcel, located at the southeast corner of S. Federal Highway and Riviera Drive, in the MU-1 (Mixed Use-1) zoning district. Applicant: Ty Eriks, MJ Jackson Holdings, LLC EXPLANATION OF REQUEST: The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site, and subsequently abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation subsequently replaced by the current mixed use zoning system) had a maximum density of 40 dwelling units per acre, twice as dense as the maximum density of the currently proposed MU-1 designation. Residential use is not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet of retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22-001), to again undergo the necessary application reviews culminating in City Commission review and approval. In addition to Master Plan Modification and New Major Site Plan, the request includes an application for height exception to allow the elevator shaft and stairwell to be constructed at 51.67 feet, 9.10 feet above the maximum allowable height of 45 feet. All applications are being processed concurrently (see respective staff reports.) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: NA ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION APPLICATION: NA Page 33 of 94 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map ExhibitA. Location Map D Drawings Exhibit B. Plans D Conditions of Approval Exhibit C. Conditions of Approval (M MD 22-004 & NW SP 22-002) D Attachment Project Narrative and Justification Statement Page 34 of 94 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda Radigan, Principal Planner DATE: January 7, 2022 PROJECT: 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) REQUEST: Approve request for New Major Site Plan (NWSP 22-002) and Master Plan Modification (MPMD 22-004) to 1320 S. Federal Highway to allow the construction of a 10,898 square foot structure and associated site improvements. PROJECT DESCRIPTION Property Owner: MJ Jackson Holdings, LLC Agent: Bradley Miller, Urban Design Studio Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit "A": Location Map) Existing Land Use: Mixed Use Low (MXL) Existing Zoning: MU-1 Mixed Use 1 Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU-1 Mixed Use 1 Acreage: 0.51 acre Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; Page 35 of 94 Page 2 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. 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 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22-001), to again undergo the necessary application reviews culminating in City Commission review and approval. 2 Page 36 of 94 Page 3 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study was performed and indicates that the project would generate a total of 21 AM Peak Hour trips and 36 PM Peak Hour trips. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. However, the site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines, and provide fire sprinklers and fire alarms (see Exhibit C - Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The site plan (Sheet SP-1) shows that one point of ingress/egress is proposed. The two-way driveway is located on Riviera Drive at the eastern end of the site. Vehicular circulation from the driveway would include one- way circulation that continues throughout the parking lot with a portion of the circulation being two-way. Sidewalks are provided along Riviera Drive, Federal Highway, and around the east (back) fagade of the building at a minimum of 5 feet in width (see Exhibit C - Conditions of Approval). The project proposes a pedestrian zone along Federal Highway totaling 18.5 feet in width, and consisting of: 1. a five(5)-foot wide street tree area; 2. an eight (8)-foot wide sidewalk; and 3. an eight (8)-foot wide active area. The majority of the sidewalk along Federal Highway will be covered by a building cantilever, with a minimum of 8 feet of clear/uninterrupted walk underneath. There is also a proposed plaza located at the southwest corner of the site to encourage pedestrian 3 Page 37 of 94 Page 4 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 interaction. The walkways along Federal highway and around the building are proposed to be pavers while the sidewalk along Riviera Drive is proposed to be stamped concrete. Parking: The site plan (Sheet SP-1) proposes 9,998 square feet of office space and a 900 square-foot museum, which would require 53 parking spaces, based upon the standard of one (1) parking space per 200 square feet of office space and one parking space per 300 square feet of museum area. However, the applicant has elected to take advantage of the City's sustainable parking provisions which includes a reduced minimum parking ratio resulting in a reduction of 10 parking spaces when the sustainable criteria are met (thereby requiring a minimum of 43 spaces). The site plan provides 44 parking spaces including 13 on-street parking spaces, two (2) handicap parking spaces, and 29 on-site parking spaces with one (1) electric charging station. The City's parking regulations allow for the counting of those on-street spaces that abut the property, toward the minimum required for the project. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. All standard and compact parking spaces will utilize a continuous curb and overhang in lieu of wheel stops (Refer to Exhibit C - Conditions of Approval). Landscaping: The Plant List (Sheet L-1) indicates that the project would add a total of 44 trees to the property, 31 of them being canopy trees, 265 accent and shrub specimens, and 2,302 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Bougainvillea Standard, Green Buttonwood, Satin Leaf, and East Palatka Holly trees. Palm species would include Alexander Palms, Silver Date Palms, and Thrinax Palms. Consistent with the growing practice of using canopy trees in lieu of palm trees for better environmental landscape design, the use of palm trees is being limited to areas near the building foundation and utility equipment (i.e. water mains). Projects proposed in the Federal Highway District of the Community Redevelopment Area are required to have a streetscape design which reduces the building setbacks and encourages building placement to be abutting the street, thus creating a more notable urban setting. This design concept also includes landscaping that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seat walls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered walkways to create the streetscape 4 Page 38 of 94 Page 5 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 theme in an effort to provide maximum clear pedestrian pathways. The applicant has worked with staff to provide the street trees and covered walkways necessary to meet the required 50% shaded sidewalk along property . Building and Site: The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal highway with a maximum separation from the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. Building Height: The maximum building height allowed in the Mixed Use 1 (MU-1) zoning district is 45 feet. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height of 40'-8", with typical parapet walls at approximately 44'-8". Tower elements/architectural treatments would extend up to 54'-9" in height, 9'-9" above the maximum allowable height in the MU-1 district. The applicant is concurrently requesting approval of a height exception (HTEX 22-001) for the proposed architectural features and stair towers. See corresponding staff report for additional information. Setbacks: The MU-1 zoning district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1. enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2. optimize landscape design; 3. maximize on-site drainage solutions; and/or 4. accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway (west property line), the proposed building would be setback 18.5 feet from the back of curb in order to meet the build-to-line requirements applicable to the Mixed-Use 1 Zoning District, and provide the required Pedestrian Area. The building is also setback 4.3 feet from the south property line, and two (2)feet from the north property line, in compliance with code requirements. The building is set back approximately 170 feet from the east property line, which is the nearest point to the nearby single-family neighborhood. Amenities: As noted above, the site plan depicts the inclusion of a public plaza at the corner of Federal Highway and Riviera Drive. The building also contains an interior art exhibit that will be visible from the public sidewalks along Federal Highway. Design: The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stair towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The proposed building utilizes many similar design features as other office 5 Page 39 of 94 Page 6 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 buildings, including a neutral color palette. According to the "Color & Material Schedule", the primary building color would be two shades of gray, Sherwin Williams "Dovetail" and "Mindful Gray" and the main architectural feature is proposed to be Sherwin Williams "Origami White". Sustainability: According to the City's Sustainability Development Standards, new non- residential developments consisting of a size less than one (1) acre shall achieve at least twenty (20) 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 applicant provided a Sustainable Development Chart indicating the project would achieve the required 20 points by incorporating the following options: PROPOSED SUSTAINABLE DEVELOPMENT OPTIONS Energy Points The use of any combination of the following strategies for areas of the nonroof impervious site (including road, parking lots, driveways, sidewalks and courtyards). • Use of only paving materials with a Solar Reflectance Index(SRI)of 29, as demonstrated by the manufacturer or the Heat Island architect or engineer of record. The parking Reduction lot will be designed and constructed with 6 concrete to comply with the SRI 29 criteria. • Use of only canopy trees within, and along the perimeter of parking lots, following the regulations in the Landscape Code for"Large Landscape Islands." Canopy trees will be used for the perimeter and within the parking lot. • 75%of the non-roof impervious site Efficient All air conditions are Energy Star qualified. Minimum Cooling SEER 16. 2 At least 75% of hot water on premises is heated via Efficient Water Energy Star Certified water heaters or solar water 2 Heating heaters. Use roofing materials that have a Solar Reflective Cool Roof Index (SRI) 75 for low-sloped roofs (<2:12)for a 2 minimum of 75% of the roof surface. Use of white or cool light colors for the body of Building Color buildings to reflect rather than absorb heat and 2 reduce cooling costs. Provide energy efficient lighting such as LED lighting Lighting for building interiors for 100% of proposed lighting. 1 6 Page 40 of 94 Page 7 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 Energy Star All appliances within a building are 100% Energy Appliances Star. 2 Urban Nature Provide canopy trees in an amount that exceeds the Tree Canopy minimum number of required trees by 15%. 3 Total Points 20 Lighting: The photometric plans (Sheets E -1) include five (5) freestanding pole light fixtures, all of which would be 20 feet in height, with the light fixture at 18 feet. The LED light fixture has a flat lens and cut-off feature to inhibit any light spillage/trespass. Additional exterior lighting would be provided through the installation of building mounted and under canopy fixtures, placed at a height of approximately seven (7) feet. The Photometric Plan is in compliance with the City's lighting ordinance, and designed to prevent glare or spillage onto abutting properties. Signage: Site and building signage has not been finalized and a Sign Program will be required for the site, approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is still subject to the Art in Public Places requirement. Previously, the applicant had began coordinating with the Public Arts Administrator regarding on-site art and its placement. According to the previous proposed construction estimate, the project would have an art budget of approximately $12,950. 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 "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004_NWSP 22-002\MSPM 18-009 1320 S. 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N Oo�u' c)t oa '_Z ow !, *'.p' •.P oU� ¢� a �> a� zo ww z w-m W ROM LL 0 LL u r KM 3> Z€ NINEw z ipym _ p ° a 0 s Wk z a d O 2 sMQ�+h3dr �k'r ,' ,�rJ yr �`- o {g W 0 Of UA SCI��t} I N �MHf x C�O § } r Fa ,tta � yy O 0 d LL! 5 aim a W`o w uj w Z�� s �t gam wa t- y i w t�j LU F- �, � wax h¢ �'-' rzz " t/?W zo uj q ti tt_Q � ttl �'� J j zoj`" oom c>�a au.,w�'� �`Y� o O-O} x k F `➢ t Gt "pr,' �?z"'-c ' icQi ,�.a z �i-ws"�•' vt �ZZt- o -� z f r ace•a w o .a��w�¢w:a s.�o<c caw¢w.¢rTv Q f-UZ r;. ¢ �c`tyc� n. q.'iaa=3�;=¢c>o; �33yyu.a F. C90 cr 3a far W W O W O _ y uj G9 ca cj w J(o CLI u lcxapa�S.. d Wi g 4 n4.om.'a¢'xv.=j 5,� x EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Highway File number: MPMD 22-004 & NWSP 22-002 Reference: 2nd review of plans identified as a New Manor Site Plan with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. At time the Engineer of Record submits plans for a Land Development Permit to this Division, an in-depth review will take place. The plans must conform to all of the City of Boynton Beach Code of Ordinances, standards, and requirements. 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 https://www.boynton-beach.org/engineering/new- construction-department-public-works-engineering-division 2. Permits required from other permitting agencies, such as South Florida Water Management District (SFWMD) and Palm Beach County Engineering Department (PBCED), shall be required prior to issuance of a Land Development Permit. 3. Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 4. All signing and pavement markings must meet Palm Beach County Traffic Engineering Division Standards and the Manual on Uniform Traffic Control Devices, latest edition. 5. All parking lots must meet the 2010 LDR, Chapter 4, Article V. 6. All private and/or public streets must meet the 2010 LDR, Chapter 4, Article VIII. 7. If a dumpster is required by Public Works, provide a minimum outside turning radius of 55 ft. to allow turning movements for solid waste trucks. Truck routes for fire and solid waste to be determined by individual departments/divisions. 8. 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 Page 51 of 94 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE I REJECT remain on until one hour after closing or 2:00 a.m. whichever is later per(2010 LDR, Chapter 4, Article VII, Section 3.). 9. All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering Design Manual Chapter 5, Paragraph D.1.b. 10. Provide FDOT sidewalk curb ramp and show pedestrian crossing on Riviera Drive, with the intersection with Federal Hwy. FIRE Comments: 11. The site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines. 12. Provide fire sprinklers and fire alarms. POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING Comments: 13. Provide Elevation Certificate to verify building is not in a SFHA. PARKS AND RECREATION Comments: None. All previous comments addressed at DART meeting. PLANNING AND ZONING Comments: 14. The project is required to meet the City's Sustainability Regulations (Chapter 4, Article XIII, Section 3). The project is required to achieve at least 20 points (Table 3-1). Revise the Site Plan (SP-1) to include the sustainable development requirements, as well as a list of proposed sustainable development options and points, including a table depicting the required 20 points. Page 52 of 94 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 3 of 4 DEPARTMENTS I INCLUDE I REJECT 15. At time of permit, an approved Sign Program will be required prior to issuance of any signs for the project. 16. Changes to proposed uses may require approval of a Major Site Plan Modification or Conditional Use application, as well as additional approvals for any required relief. Uses involved in preparing, selling, and/or serving food and beverage items, require an on-site screened dumpster. 17. At time of permit, provide details of the proposed roof top trellis. 18. At time of permit, please submit a traffic statement from Palm Beach County. 19. At time of permit, the standard parking spaces must be at least nine (9) feet by eighteen (18) feet, as shown on the Standard size Parking Detail on the Site Plan (SP-1). 20. At time of permit, label the proposed compact parking spaces on the Site Plan (SP-1). Revise the Parking Reduction Justification to indicate the use of compact parking spaces as shown on the Site Plan. 21. At time of permit, please replace the front setback information with the Build-to-Line dimensions. 22. At time of permit, revised the drawings to show the entire sidewalk area along S. Federal Highway consisting of brick pavers. 23. At time of permit, revised the plans to be consistent with the approved Site Plan (SP-1). COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. 24. Provide copy of FDOT permit for work within the Right of Way. Provide approval by FDOT to install tree planters within R-O-W and relocate sidewalk on private property. 25. Please coordinate with FPL on where the electrical service will be provided and ensure allowable separation from existing utility poles. PLANNING & DEVELOPMENT BOARD CONDITIONS Page 53 of 94 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 4 of 4 DEPARTMENTS I INCLUDE I REJECT Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004—NWSP 22-002\Staff Report\ExhibitC_MPMD 22-004& NWSP 22-002 COA.doc Page 54 of 94 1 ba 1320 S. Federal Highway urn stualo,n Property Owner: MJ Jackson Holdings, LLC Applicant: MJ Jackson Holdings, LLC Agent: Urban Design Studio - Bradley Miller Urban Planning and Design Site Location: 1320 S. Federal Highway Landscape Architecture Site Area: 0.51 Acres Communication Graphics Land Use/Zoning: Mixed Use — Low (MXL)/ MU-1 Proposed Uses: Medical/Professional Office, Retail, Art Museum Request(s): Major Site Plan Application/Height Exception Submittal Date(s): December 22, 2021/January 12, 2022 APPLICATION SUMMARY On October 16, 2018, the City Commission approved a Site Plan for this site consisting of a 3 story, 10,898 square foot mixed use building at the northeast corner of Federal Highway and Riviera Drive in the City of Boynton Beach. After the approval, the anticipated deal of the property owner and intended tenant of the building fell through, leaving the property undeveloped. On February 11, 2021, the property was sold to MJ Jackson Holdings, LLC, of which the principal is Ty Eriks, DMD, a dentist with an existing practice in Boynton Beach. He purchased this property with the intent to relocate his dental practice and invest into the community. Upon research after the purchase, it was discovered that the prior Site Plan approval and related Height Exception had expired. Unfortunately, to reinstate the Site Plan and Height Exception, applications must be reprocessed through the review and approval process with the City. The mixed-use land use and zoning designations that were approved in 2018, does not expire and therefore remains as MXL (Mixed Use Low) land use and the Zoning is MU-1. Accordingly, this application is requesting re- approval of the same 3 story, 10,898 square foot mixed use building. Upon approval and permitting, the site will be developed, and the third floor will be occupied by Dr. Eriks practice. The second floor is anticipated to also have either medical or professional office space and the ground floor is proposed at this time to retain the retail and art museum space as originally approved. SITE CHARACTERISTICS The subject site is 0.51-acre property is located on the east side of Federal Highway, north of Woolbright Road, at the northeast corner of Riviera Drive. Up until approximately 2005, this property was the location of the IHOP Restaurant. Once the restaurant was razed, the site has remained undeveloped. Meanwhile, the area has developed with additional residential uses in Boynton One at the northwest corner of Woolbright Road and Federal Highway, as well as Riverwalk which is presently under construction at the southeast corner of that same intersection. The adjacent uses are more specifically described as follows: NORTH: One story office condo building classified as Office Commercial (OC) land use and zoned Office & Professional Commercial (C-1) SOUTH: Snug Harbor Gardens - a multi-family, age restricted, condominium residential development. WEST: Right-of-way for Federal Highway, then farther west is Dunkin Donuts Restaurant classified West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 55 of 94 2 as Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3) as well as the mixed use residential and commercial development, Boynton One; and EAST: Single family residential homes. PROPOSED DEVELOPMENT As indicated, the proposed development is consistent with the prior approvals consisting of a 3 story building with 10,898 gross square feet to have a mix of uses including medical/professional office on the upper two floors and retail and an art museum on the ground floor. The site will contain parking as required by the City's regulations and as shown on the Site Plan with a driveway off of Riviera Drive. A 5-foot sidewalk will be provided along the property fronting Riviera Drive for pedestrian interconnectivity from the building to the residential area east of the property. An engineering waiver is being requested to increase green space for the site by reducing the length of the interior parallel parking spaces on site and along Riviera Drive from 25'to 22'. This will allow for larger planting areas making the streetscape more attractive and ease the transition between the commercial and residential areas. Since the original approval, the Site Plan has been slightly adjusted to provide a wider pedestrian zone along the frontage of Federal Highway per current regulations. The pedestrian zone will include street trees, sufficient walkway for pedestrians and an active area to engage outdoor activity for the ground floor businesses, consistent with the Community Redevelopment Agency's Redevelopment Plan that was adopted on 2017. The building is proposed to have the same contemporary architecture as the prior approval. The first floor consists of 1,920 square feet of retail space and a 900 square foot art museum. The second and third floors will be 8,078 square feet of medical office space with a roof deck on top of the building. Architectural floor plans and elevations are provided to show the interior space layout and exterior elevation design, The architecture is contemporary, open and inviting. The color palette is neutral, the perfect setting for the museum art displays which are a special feature of the building. Access to the building is from both the east and west sides and a drop off and entry to the building on the east side. Trash rooms for roll out containers, are provided under the stairwells and there is a covered bike rack on the east side of the building. A 5.0-foot-wide landscape buffer is provided along the north property line and 7.0-foot landscape buffer along the south property line for screening of the parking area. A small portion of the buffer area along the north property line will be paved for handicap accessibility. A 6 foot FPL easement also exists along the north property line but it is anticipated to be abandoned so it will not conflict with buffer landscaping. The development of this site will further enhance the southern Federal Highway corridor and provide office space for an existing Boynton Beach dental practice and potentially other businesses. REVIEW CRITERIA Provided below is the justification from the prior approvals for the review criteria for the Site Plan that includes a Height Exception and a parking reduction based on the project complying with sustainable development and construction. HEIGHT EXCEPTION Pursuant to Chapter 2, Arctic II, Sec. 4.C., this application requests approval of a height exception for the peak height of the elevator shaft/stairwell which exceeds the maximum allowed MU-1 zoning district height of 45 feet by 9.10 feet for the proposed 1320 South Federal Highway mixed use project. The building is designed with a flat roof at 44'-8" above the flat roof is a 4' parapet, a stairwell on both the north and south side of the building which extends to 51' 8" and an elevator shaft with a height of 54' 9". The intent of the parapet is to screen West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 56 of 94 3 mechanical equipment. The stairwell and elevator shaft will allow access to the roof deck which will be used as an area for meditation and light exercise by patients of the medical space.The roof deck will also provide"green" components adding to the sustainable construction. The trellis is an architectural element which will support the rooftop deck outdoor area. Chapter 2, Article II, Section 4.0 of the City's code is adopted to allow for requests of height exceptions to accommodate building fixtures such as those proposed by the application.The proposed request satisfies the review criteria as indicated below. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses. The parapet, elevator/stairwell and architectural element are provided as a "finish" to the top of the building and screening of mechanical equipment and the elevator shaftistairwell that extend above the roof line for access. These proposed architectural features enhance the sustainability of the building and will not have an adverse effect on the subject site or surrounding properties. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations. The height exception will ill ow for the development of this vacant parcel in an area that is promoted by the City for redevelopment. The height exception will not be a' deterrent to development or improvement of adjacent properties. c. Whether the height exception would contribute to the architectural character and form of the proposed project; As indicated above, the parapet, elevator/stairwell and architectural element provide a "finish" to the top of the building and provide screening of mechanical equipment and the elevator shafts provide access to the roof deck. These features contribute to the architectural character of the building and sustainable components of the project. d. Whether the height exception would positively contribute to the city's desired image, street scape design, or recommendation of any applicable redevelopment plan. The future land sue recommendation of the CRA Redevelopment Plan for this property is Mixed Use - Medium which allows for building height of 65' - 75'. The proposed land use is Mixed Use-Low based on the size of the property. Considering this, the requested height exception is well below the projected and recommended building height for this area of the Federal Highway Corridor. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives. The height allows the proposed development to include sustainable development and green initiative features with a rooftop deck to compliment the medical office use. f. Whether the height exception is necessary and not proposed in a manner with which the principal objective is to maximize project visibility without concern for architectural or aesthetic integrity; and To the contrary. The purpose of this height exception is to provide for better architecture and aesthetics of the building sustainable use of the rooftop deck and overall project. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 57 of 94 4 g. Whether sufficient evidence has been presented to justify the need for a height exception. This application is reviewed by staff to make that determination; however, the applicant fully believes that there is sufficient justification for the height exception approval. PARKING REDUCTION - SUSTAINABILITY Based on standard parking rates, the proposed development of 9, 998 square feet of medical office and retail space and 900 square feet of art museum wo�Id require 53 parking spaces as calculated below. Office/Retail 9,998 sf x 1 space/200 sf = 50 spaces Art Museum 900 sf x 1 space/300 sf = 3 spaces TOTAL STANDARD PARKING REQUIRED 53 SPACES This application applies the reduction of parking based on sustainability criteria found in Chapter 4, Article V, Section 3.G. of the Code. The intent of this code section is to allow a reduction of parking to promote or recognize sustainable design or operation subject to addressing specific criteria. The stated code section allows a reduced parking rate for office and retail space to 1 space per 250 gross square feet of building area rather than the standard rate of 1 space per 200 gross square feet which reduces the required number of parking to 40 spaces for the retail and office space and a total of 43 spaces with the 3 spaces required for the art museum. Based on the reduced rate, the proposed parking calculation is as follows: Office/Retail 9,998 sf x 1 space/250 sf = 40 spaces Art Museum 900 sf x 1 space/300 sf = 3 spaces TOTAL SUSTAINABILITY PARKING REQUIRED 43 SPACES The proposed 1320 S. Federal project provides 44 parking spaces with 31 spaces on site and 13 spaces on street adjacent to the property along Riviera Drive. The 31 spaces on site consist of 24 standard sized spaces, 2 handicap spaces, and 5 parallel spaces. In addition, the project provides covered storage areas for bicycles and scooters. There is an electric charger that will serve 2 of the standard spaces. The proposed parking is consistent with the eligibility requirements of Chapter 4, Article V. Section 3.G, to allow for a reduction of parking from the standard rates of Chapter 4, Article V, Section 2.B. and 2.C. Although it is not anticipated to be needed, the tenant will arrange for valet parking within the site as a contingency for the 10-space difference between the standard parking requirement and the sustainability parking requirement. A detail of the "contingency valet parking" is provided on the Site Plan. Between the parking and the"green"construction methods,this request will be consistent with other urbanized areas of the County and comply with the regulations of Chapter 4, Article V. Section 3.G as indicated below. 1. Applicability: The 1320 S. Federal project is a mixed-use project in an area where the City promotes more intense and urban development. It is located on Palm Tran Route #1 which is a bus route that spans the length of Palm Beach County. The proposed development promotes use of alternative modes of transportation including bicycles, scooters', and motorcycles, compact and electric cars and is located within walking distance from residential housing and basic services. These are all characteristics of urban and sustainable development. Article V, Section 3.G of the code states that these regulations are to promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources. This 1320 S. Federal project is West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 58 of 94 5 committed to an urban project with sustainable design and operation that will promote alternative means of transportation available to this site. The mix of medical office, retail and art museum use is intended to share the 44 parking spaces that will be available (excludes the contingency spaces) to employees and patrons. Based on this, there is sufficient, to support the sustainable project goal of minimizing parking and providing open space in this area, which is being encouraged for a more urbanized, mixed-use development. 2. Application and Development Requirements: As required under Subsection 2 of this code section, a parking reduction is being requested with the site plan review process. Subsection 2 continues with sixteen (16) requirements to demonstrate that the project should be considered for the parking reduction. The 1320 S. Federal project complies with these requirements as indicated below. a. Describe in quantifiable terms, how the project provides an increase in green space (pervious area)which otherwise would be paved for parking spaces. The 1320 S. Federal project is located on the Federal Highway Corridor which has-been identified and designated for an increased intensity of urban uses with an emphasis on pedestrian interconnectivity and alternative means of transportation. Reduced parking corresponds with those characteristics and current trends of alternative transportation. The reduced rates of Section 3.G in themselves reduce the paved surface overall needed for parking. The project design however continues to provide green space within the project by providing street trees along' Federal Highway, perimeter landscape buffer areas and a central landscape median strip within the parking lot which can be planted with trees for additional shade. Overall, the site has approximately 22% pervious area which is consistent with many suburban developments, but also implements the desired urban design of building location and pedestrian enhancements. b. Accommodate fuel efficient vehicles through provision of covered and well-illuminated locations with apparatus for parking and locking of bikes and low-powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. As shown on the Site Plan, the project design incorporates a covered area for bicycle parking and charging stations for electric cars. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. The proposed development does not include motorcycle parking. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles and disbursed throughout the project to maximize accessibility and convenience. The proposed development includes no compact parking spaces which is 8% of the required parking. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 59 of 94 6 e. Provide efficiency in parking design including consideration for space- conserving tandem spaces when functionally feasible. The property is too small to effectively utilize tandem spaces. However, although not anticipated, tandem spaces could be used as a contingency for valet parking. f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000)square feet for nonresidential developments in excess of seventy-five thousand (75,000) square feet). As indicated on the site plan, one charging station will be provided which will serve 2 spaces. g. Design for maximum pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. The Project design provides easy pedestrian access to the building entrances by providing an entrance plaza at the corner of Federal Highway and Riviera Drive, and two entrances, one from the parking area on the east and another from the Federal Highway sidewalk. Sidewalks are provided along Riviera Drive and Federal Highway. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. The 1320 5. Federal project is planned and designed with sufficient parking. In the unexpected circumstance that additional parking is needed,valet service will be provided by property management. An area of the parking will be set aside to maintain the parking needed for employees and tenants and the remaining area can be used for valet parking similar to other businesses in the downtown area. A detail is included on the Site Plan to show the method of contingency valet parking if required. i. Facilitate a ridesharing/carpool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. Where possible, the tenant will encourage ride sharing and carpooling for employees, however as indicated previously, the number of employees anticipated is low. With that said, there are several residential communities within proximity which could serve as a good source of future employment opportunities. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. The management staff will maintain an updated mass transit schedule in the bus shelter on the property and building lobby. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 60 of 94 7 k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee based. Residents should be polled for interest. The proposed development does not include a residential use however if and when needed or appropriate, the tenant here considered implementing a pickup/drop off service for patients. I. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. The proposed development does not include a residential component therefore this criterion is not applicable. m. Provide the following information to residents at time of lease and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working)environment that facilitates a reduction in required parking spaces while accommodating bikes, low-powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information". The proposed development does not include a residential component therefore, this criterion is not applicable. n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. The proposed development does not include a residential component therefore, this criterion is not applicable. o. Implement an operational rule prohibiting operator, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. The proposed development does not include a residential component therefore, this criterion is not applicable. p. Consent to provide a report containing evidence of continued compliance with the requirements herein upon request by the city. At the request of the City, a report containing evidence of continued compliance with the requirements of sustainability parking. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 61 of 94 8 WAIVER APPLICATION JUSTIFICATION Based on CRA comments and to increase the green space for the site, we are requesting a waiver to reduce the length of the interior parallel parking spaces on site and along Riviera Drive from 25'to 22'. This will provide larger planting areas to accommodate more landscape materials making the streetscape more attractive and ease the transition between the commercial and residential areas but retain sufficient space for the parallel parking. 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, loading, building height, etc. CONCLUSION The proposed 1320 S. Federal project will implement the goals and incentives established by the City for mixed use development that incorporates enhanced pedestrian areas and sustainable development. Approval of this application will allow an existing business to grow and embellish a vacant property with a sustainable building and site that can be enjoyed by patrons and residents of Boynton Beach. On behalf of the Applicant, the Agent respectfully requests your consideration and support of this application. Project Managers at Urban Design Studio are Bradley Miller and Christi Tuttle, who can be reached at (561) 366-1100 or ctuttle&udsflorida.com and bmiller(a-)udsflorida.com should additional information be required. West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 www.udsflorida.com LA0001739 Page 62 of 94 7.7.C. New Business 1/25/2022 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 1/25/2022 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve WXEL request for Future Land Use Map amendment(LUAR 22-001)from Recreation (R) to Office Commercial (OC), and Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. EXPLANATION OF REQUEST: The existing 6.12 site is developed, and contains a ±32,562 square-foot Radio & TV Broadcasting studio and associated parking lots which were constructed in 1989 according to Palm Beach County Property Appraiser records. Prior to it's development, the City of Boynton Beach owned the property where the WXEL TV and radio facilities are currently located. On April 9, 1986, the City of Boynton Beach transferred title to South Florida Public Telecommunications, Inc. The deed for the property has a perpetual restriction which reads: "The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and or Public Broadcasting or Communications system or systems or facility." Furthermore, the deed states that "the restrictions are perpetual in duration unless modified or released in writing by the Grantor"(City of Boynton Beach). No records have been found to demonstrate that this has occurred. In 2019, the site was transferred under a warranty deed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF), the current property owner of the site. The warranty deed's language does not appear to nullify the conditions imposed in the prior recorded deed. The current future land use classification and zoning for recreation purposes is inconsistent with the current use of the site. The applicant has expressed to staff the desire to expand the current use. Current land development regulations prohibit the expansion of non-conforming uses, of which a Radio & TV Broadcasting use is as it is not a permitted use under the REC zoning district. The owner has submitted an application to change the Future Land Use to Office Commercial (OC) and amend the Zoning of the the property to Office Professional (C-1), a conventional zoning district, which would permit the use and allow for its expansion. A conventional zoning district does not require a master plan or site plan at time of application. As such, the applicant is planning to submit a site plan application at a later date for the construction of an approximately ±7,000 square-foot addition to the existing building to house an accessory non-profit educational center to support field trips to the studio. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: Page 63 of 94 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Exhibit Exhibit B - Existing Zoning D Exhibit Exhibit C ® Proposed Zoning D Exhibit Exhibit D ® Existing Future Land Use D Exhibit Exhibit E ® Proposed Future Land Use Page 64 of 94 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-003 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: January 14, 2022 PROJECT: Cornelia T. Bailey Cultural Arts Center (WXEL) LUAR 22-001 REQUEST: Approve WXEL request for Future Land Use Map amendment from Recreation (R) to Office Commercial (OC), and Rezoning from Recreation (REC) to Office Professional (Cl), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. PROJECT DESCRIPTION Property Owner: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Applicant: Gene H. Talley, South Florida PBC Inc. Agent: Lauren Sands, Urban Design Studio Address: 3401 South Congress Avenue Location: West side of Congress Avenue, approximately 1000 feet south of Charter Drive North. Existing Land Use: Recreation (R) Proposed Land Use: Office Commercial (OC) Existing Zoning: Recreation (REC) Proposed Zoning: Office-Professional (C-1) Proposed Use: Radio & TV Broadcasting Acreage: 6.12 acres Page 65 of 94 Page 2 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 Adjacent Uses: North: Park with a Future Land Use designation of Recreation (R) and zoned Recreation (REC). South: Single-family PUD with a Future Land Use designation of Low Density Residential (LDR) and zoned Planned Unit Development (PUD). East: South Congress Avenue right-of-way, then mini-warehouse/self-storage with a Future Land Use designation of Industrial (1) and zoned Industrial (M1). West: Golf Course for residential PUD with a Future Land Use designation of Low Density Residential (LDR) and zoned Planned Unit Development (PUD). BACKGROUND The existing 6.12 site is developed, and contains a ±32,562 square-foot Radio & TV Broadcasting studio and associated parking lots which were constructed in 1989 according to Palm Beach County Property Appraiser records. Prior to it's development, the City of Boynton Beach owned the property where the WXEL TV and radio facilities are currently located. On April 9, 1986, the City of Boynton Beach transferred title to South Florida Public Telecommunications, Inc. The deed for the property has a perpetual restriction which reads: "The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and or Public Broadcasting or Communications system or systems or facility." Furthermore, the deed states that "the restrictions are perpetual in duration unless modified or released in writing by the Grantor"(City of Boynton Beach). No records have been found to demonstrate that this has occurred. In 2019, the site was transferred under a warranty deed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF), the current property owner of the site. The warranty deed's language does not appear to nullify the conditions imposed in the prior recorded deed. The current future land use classification and zoning for recreation purposes is inconsistent with the current use of the site. The applicant has expressed to staff the desire to expand the current use. Current land development regulations prohibit the expansion of non-conforming uses, of which a Radio & TV Broadcasting use is as it is not a permitted use under the REC zoning district. The owner has submitted an application to change the Future Land Use to Office Commercial (OC) and amend the Zoning of the the property to Office Professional (C-1), a conventional zoning district, which would permit the use and allow for its expansion. A conventional zoning district does not require a master plan or site plan at time of application. As such, the applicant is planning to submit a site plan application at a later date for the construction of an approximately ±7,000 square-foot addition to the existing building to house an accessory non-profit educational center to support field trips to the studio. 2 Page 66 of 94 Page 3 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 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 163.3187, Florida Statutes. The final adoption by the City Commission is tentatively planned for March 2022. 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 2.13 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 current use of the site is incompatible with the existing future land use and zoning. The proposed Future Land Use and Zoning Map amendments would bring the current Radio and TV Broadcasting use into conformance and would permit its expansion. 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 generally consistent with the purpose and intent of the Comprehensive Plan and Land Development Regulations. 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 subject property fronts Congress Avenue, which is an arterial roadway, and non-residential uses are located to the north and east and also front Congress Avenue. The existing land use pattern surrounding the site consists of an assortment of warehouse uses, as well as single- family residential buildings and both privately-owned and city-owned recreation facilities. In addition, the site is greater than six acres in area which establishes a pattern unto its own and does not act as an isolated parcel. As such, the proposed Future Land Use Map amendment and Zoning Map amendment would not create a conflict with the established land use pattern. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and 3 Page 67 of 94 Page 4 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 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. Currently, the use of the property is restricted to non-profit educational and public broadcast uses. Due to the nature of these types of uses, integrating these uses with adjacent properties would not provide any meaningful benefits. The site has access to alternative modes of transportation through a nearby bus stop which provides access to Palm Tran's Route 2, which may be utilized by the use's employees to commute to and from the 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 will be reviewed in detail as part of any new site plan, land development, and building permit review processes. Traffic. The applicant has provided a traffic impact statement showing that the conceptual addition would generate an additional 203 daily trips. Schools. Commercial zoning does not allow for residential uses, therefore the School Capacity Availability Determination application is not required. 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" and "c". In addition, the property is restricted to non-profit education and public broadcasting uses. The proposed amendments would allow the Future Land Use and Zoning Map to more accurately reflect current conditions and allow for the expansion of a cultural asset providing a public benefit to the City. 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: 4 Page 68 of 94 Page 5 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 (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 allow for the expansion of non-profit education and public broadcasting uses and thus respond to community needs by providing a cultural and public asset not locally available. 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. L 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 current tenant is looking to expand on the existing site, rather than seek out an 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 111 and the site development standards of Chapter 4. No site plan is proposed at this time. Any site plan proposed for the site will comply with the requirements of the respective zoning district regulations of C-1 and the site development standards of Chapter 4. 5 Page 69 of 94 Page 6 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 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 and D.3 and has found the proposal to meet the aforementioned criteria. Therefore, staff recommends that the requests be approved. 6 Page 70 of 94 f � i r#�! aPa�mland jT,,,flimiand il wts �Ce � Palmland Dr x � gW30th Ave , �oCharter DrN . r, Il� 1n WIWI IT P� s �� y " 5 tAR , t rn s 41 }, l ' F 1.� M,r,� s ��. �i2.3{ Mil ✓ "P 5, ` � kfM','i�k'�LYc�.`4?'��+Y�l�F-�",!'�U1� i. � �����IIIMNY sNu � _ -,,R -46 P1= Lancaster Rd k it r j'L ,if3,. , '� Ge�`�`�•`�n � ", dv �1 'Neptuof ne % G, . n t: i i k #�;,j �}�a ,'{ ilUu, ,,,�t,, •r r,�1�Sk"�f ss fS s,'r .11t�ft, i, �� Y I � `I `� ., _ Palmland Dr, �� It, S, 5 � r I N ° - fA m � SW 35ttAve� y lJ Lancaster Rd Wl o Existing Zoning R3 Multi Family, 11 du/ac POD Planned Unit Development IC3 Community Commercial X111 Light Industrial We REC Recreation i J 1 ij # ,>{tS alm�and �1 t€��tttt t xtijltt r}.Q 1FS. 1`I{jJ"'��$� ��^ ��)W ��•:,, t r•}}at.' �����,�ji S, - r,;� j.. il' ;,. - �,,,�, almland Dr , , , , ,� s,�{!i R � �,. � _ �..� h � �� - •` 1 �(� {� is tsS� €� S�� r{���� ���� �� � •�4������ ,-. >, �:-; t . ,� ��< � SW 30th Ave .. �u-_ m. lan I r" IT MISS! 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New Business 1/25/2022 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 1/25/2022 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve modifications to Chapter 2, Article 11, Section 2. Standard Applications to revise review criteria for future land use map and zoning amendments (CDRV 22-003). EXPLANATION OF REQUEST: All applications for future land use map amendments and rezonings are reviewed against specific review criteria in the Land Development Regulations. The review criteria in their current form are often construed as redundant and unclear. The proposed changes accomplish the following: 1) Update the threshold for small scale and large scale land use map amendments to be consistent with recent amendments to the Florida Statutes; 2) Combine the existing Future Land Use Map Amendments and Rezoning criteria into one set of criteria as these applications are generally processed concurrently; 3) Update multiple review criteria to correspond with updated city goals regarding economic development and mobility, including allowing for the consideration of market trends, access to mobility options, and furthering the vision and goals of the CRA plan; 4) Update criteria titles to better reflect the intent of the criteria, introducing "location efficiency" to describe land use integration and mobility access, and "heavy commercial" terminology to distinguish it from general commercial; 5) Clarify the review criteria sections to be more relevant in the assessment of the aforementioned applications; and 6) Clarify required documentation for master plan applications. The proposed changes will allow staff to more effectively assess proposed future land use map amendments and rezonings, and ensure that they are in line with the city's currently established goals and direction. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Page 76 of 94 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit Exhibit A® Proposed Amendments Page 77 of 94 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-005 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: January 19, 2022 REQUEST: Approve modifications to Chapter 2, Article II, Section 2 Standard Applications to revise review criteria for future land use map and zoning amendments. (CDRV 22-003) BACKGROUND and PROPOSED AMENDMENTS All applications for future land use map amendments and rezonings are reviewed against specific review criteria in the land development regulations. The review criteria in their current form are often construed as redundant and unclear. The proposed changes accomplish the following: 1) Update the threshold for small scale and large scale land use map amendments to be consistent with recent amendments to the Florida Statutes; 2) Combine the existing Future Land Use Map Amendments and Rezoning criteria into one set of criteria as these applications are generally processed concurrently; 3) Update multiple review criteria to correspond with updated city goals regarding economic development and mobility, including allowing for the consideration of market trends, access to mobility options, and furthering the vision and goals of the CRA plan; 4) Update criteria titles to better reflect the intent of the criteria, introducing "location efficiency" to describe land use integration and mobility access, and "heavy commercial" terminology to distinguish it from general commercial; 5) Clarify the review criteria sections to be more relevant in the assessment of the aforementioned applications; and 6) Clarify required documentation for master plan applications. The proposed changes will allow staff to more effectively assess proposed future land use map amendments and rezonings, and ensure that they are in line with the city's currently established goals and direction. Page 78 of 94 PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 2: LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications. B. Comprehensive Plan Amedments. 3. Future Land Use Map (FLUM) Amendment. a. General. (1) The purpose of this subsection is to provide a means for changing the boundaries and/or classifications of the FLUM through site-specific amendments to the Comprehensive Plan. (2) A request for FLUM amendment for parcels of fifty (SO) acres or fewer shall be considered small scale, and all others shall be considered large scale, based on F.S. Chapter 163. (3) All privately initiated FLUM amendments shall be accompanied by an application to rezone to a zoning district consistent with the requested FLUM classification. See Section 2.D.below for the process by which lands are rezoned to a different zoning district. b. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city-initiated FLUM amendments, which shall at a minimum meet criterion (2) for "Consistency," approval of a FLUM amendment/zoning request shall be based on the applicable factors listed under Section 2.D.3. below. d. Approval Process. An application for FLUM amendment shall be processed in accordance with F.S. Chapter 163. e. Denial. No application for the same FLUM amendment shall be submitted within one (1) year from the date of denial by the City Commission. Page 79 of 94 D. Rezoning, Including Master Plan. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for making necessary adjustments in response to or based upon changed conditions by changing the zoning district boundaries or designations through site-specific amendments to the official zoning map. It is not intended to relieve particular hardships or to confer special privileges or rights to any person. b. Authority. The City Commission has the authority to amend the official zoning map upon compliance with the provisions of this subsection. c. Initiation. Amendments to the official zoning map may be proposed by the owner (or agent) of the affected land, or city-initiated. d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No application to rezone lands may be submitted that would result in an inconsistency with the FLUM classification. See Section 2.13.3. above for the process by which to amend the FLUM classification. e. Rezoning to Planned Zoning Districts. A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. A site plan may be submitted concurrently or at a later date. In projects consisting of only one phase,the site plan may act as the required master plan. City-initiated rezoning can proceed in advance of the master plan/site plan submittal. The master plan shall be reviewed in accordance with Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site plan application. 2. Submittal Requirements. See Section 1.D.above for the submittal requirements of this application. 3. Review Criteria. Except for city-initiated rezonings, which shall at a minimum meet criterion (b) for "Consistency" approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on the following applicable factors: a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a Justification Statement provided as part of the application. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, or any other current City-approved planning documents. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning,or potential uses allowed in a proposed Zoning district,would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an Page 80 of 94 amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. e. Location Efficiency. Whether the proposed amendments to the FLU and Zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or, interconnectivity within the project and between adjacent properties. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. g. Economic Development Impact Whether the proposed rezoning/FLUM amendments would not: (a) Represent a potential decrease in the possible intensity of development, (b) Represent a potential decrease in uses with high probable economic development benefits. And whether the proposed rezoning/FLUM amendments would: (c) Create new employment opportunities; (d) Contribute to the enhancement and diversification of the city's tax base; (e) Respond to the current or anticipated market demand or community needs; or (f) Alleviate economic obsolescence of the subject area. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the FLU and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. 4. Approval Process. An application for rezoning approval requires review by the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3. S. Denial. Within one (1) year from the date of denial by the City Commission or withdrawal of the application by the applicant,no application for same or similar zoning may be submitted, with the exception of applications which are initiated by the city. 6. Master Plan. a. General. The purpose of this subsection is to set forth well-defined application processes, review criteria, and uniform procedures for the rezoning of lands to planned districts (as defined by Chapter 1,Article II). Page 81 of 94 b. Submittal Requirements. Except as provided in Section 2.D.6.e below, the applicant is required to complete the rezoning application (see Section 1.D. above), and provide all documentation required by the respective application checklist. c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: (1) Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3,Article III and site development standards described in Chapter 4. Diagrams. The master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. d. Approval Process. A privately-initiated request to rezone and its accompanying master planrequire review by the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3. e. Expiration. A master plan shall remain valid unless the corresponding site plan expires, or if the site plan is not adopted within eighteen (18) months of the date of the master plan approval. In these instances,the official zoning map retains the planned zoning district designation, but the property does not possess a valid development order or development permit,and no permits maybe granted by the city on the subject property. The submittal and approval of a new or modified master plan, and a site plan application as provided in Section 2.D.1.e. above, shall be required in order to commence development, redevelopment, or other site improvements. Page 82 of 94 7.7.E. New Business 1/25/2022 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 1/25/2022 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve amendments to Chapter 1, Article 11. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off-Street Parking Requirements addressing Medical Care or Testing (In-patient), Beverage Manufacturing, Micro-Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses (CDRV 22-002) EXPLANATION OF REQUEST: The proposed amendments to Chapter 3 of the Land Development Regulations increase locations allowed for certain uses as well as establish new uses and therefore more business opportunities within the City. The proposed amendments regard the following uses, which are listed in, or would be added to, the Zoning Matrix: • Medical Care or Testing (In-Patient) • Brewery (Distillery, Winery), Micro-Brewery (Micro-Distillery, Micro-Winery), Brewpub, Tap-Rooms; and • Take-Out Restaurants In addition, ancillary amendments are proposed which aid in the clarity of existing regulations. The attached staff report provides details on the proposed amendments. All proposed amendments are presented under one exhibit(Exhibit A). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: Page 83 of 94 ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit Exhibit A® Proposed Amendments Page 84 of 94 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-004 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner; Luis Bencosme, Planner II DATE: January 14, 2022 REQUEST: Approve amendments to Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off-Street Parking Requirements addressing Medical Care or Testing (In-patient), Beverage Manufacturing, Micro-Brewery, Brewpub, Taproom Brewery, and Take Out Restaurants (CDRV 22-002) OVERVIEW This staff report outlines information regarding amendments to specific uses in the land development regulations. For clarity, the staff report has categorized the proposed use amendments into three different subject areas: • Medical Care or Testing (In-Patient); • Brewery (Distillery, Winery), Micro-Brewery (Micro-Distillery, Micro-Winery), Brewpub, Tap-Rooms; and • Take-Out Restaurants In addition, ancillary amendments are proposed which aid in the clarity of existing regulations. All proposed amendments are presented under one exhibit (Exhibit A) and represent the entirety of the changes proposed as part of this request. EXPLANATION & PROPOSED AMENDMENTS MEDICAL CARE OR TESTING (IN-PATIENT) This item includes proposed amendments to zoning regulations applicable to businesses that fall within the "Medical Care or Testing (In-patient)" use group. The amendments are prompted by recent discussions with the operators of a birthing center in Delray Beach regarding the inability to locate in a targeted building where medical offices have operated on Golf Road, within the C-1, Office/Professional Zoning District. Medical uses are commonly allowed within office zoning districts, which can abut or be in close proximity to residential uses. Most medical uses are compatible with residential land uses given the typical daytime hours of operation. However, the most common element of the uses that comprise the subject use group is that they do not limit operation to daytime hours, and in fact Page 85 of 94 Page 2 Medical Care or Testing(In-patient),Beverage Manufacturing, Brewpub,Taproom Brewery,and Take Out Restaurants CDRV 22-002 some provide testing or other services that are commonly provided during the evening hours. This use group was previously created to identify and appropriately regulate the more intensive medical uses. Staff has reviewed the uses that comprise this medical use group, and using information from the birthing center operators finds that under certain conditions, not all of the uses would have equal performance characteristics and potential impacts on surrounding properties. Staff concludes that the lower-intensive uses in this group could likely be equally as compatible with the medical office uses that provide only daytime services, if the "in-patient" uses are smaller in size, provide services or testing that commonly require less than 24 hours, and visually appear similar to conventional office uses without the necessity to be designed with closed and gated compounds for security purposes. It is assumed that given such restrictions and use characteristics, such uses that may provide over-night care or service could operate as compatibly with abutting or nearby residential land uses than medical uses that do not provide overnight services. As indicated in detail in the attached exhibit, staff proposes that those uses in the Medical Care or Testing (in-patient) zoning use group that meet the above criteria, would not require Conditional Use approval, and would be allowed on properties that front on a collector street. These amendments would therefore allow such less-intensive medical uses in this group to be located on, for example, SE 23rd Avenue and S. Seacrest Boulevard. The subject areas represent a concentration of medical-related uses and are within, or in close proximity to the area to be evaluated for a medical district overlay. BREWERY (DISTILLERY, WINERY), MICRO-BREWERY (MICRO-DISTILLERY, MICRO- WINERY), BREWPUB, TAP-ROOMS The beer industry, which encompases breweries of all sizes ranging from those owned by local business owners to large corporations, has recently experienced exponetial growth due to a rise in the popularity of craft beer. According to the Alcohol and Tobacco Tax and Trade Bureau (TTB), small breweries producing between 1,000 and 7,500 barrels of beer per year represent the largest growth in the industry and oftentimes provide a mix of complementrary commercial components. The Planning and Zoning Division has experienced an increase in inquiries regarding the establishment of microbrewery, brewpub, and tap-room uses on properties zoned commercial or mixed-use. The City's Land Development Regulations currently classify all establishments engaged in the production of fermented or distilled alcoholic drinks as Beverage Manufacturing, regardless of size or production quantity, and are restricted to properties zoned C-4 (General Commercial), M1 (Industrial) and PID (Planned Industrial Development) with additional use regulations. Staff proposes amendments which distinguish Micro-Brewery, Micro-Winery, Micro-Distillery, Brewpub, and Tap-room uses seperately from the existing beverage manufacturer use, and permits their establishment, subject to additional regulation, within certain commercial and mixed-use districts. The definition of Beverage Manufacturing has been revised to only include establishments that produce non-alcoholic beverages, while those industrial uses that produce alcoholic beverages are proposed to be defined as a Brewery, Winery, and Distillery. Beverage Manufacturing, 2 Page 86 of 94 Page 3 Medical Care or Testing(In-patient),Beverage Manufacturing, Brewpub,Taproom Brewery,and Take Out Restaurants CDRV 22-002 Brewery, Winery, and Distillery uses will continue to be restricted to the industrial zoning districts. The proposed code amendments would establish new definitions for a Micro-Brewery (including Micro-Winery and Micro-Distillery), which is limited to producing 3,000 barrels (or 93,000 gallons) of alcoholic beverage per year and must include a commercial component open to the public (i.e. food service, tasting room, or retail area). Staff proposes that these uses be permitted on properties with a commercial zoning designation, including C-3 (General Commercial), C-4 (Heavy Commercial), CBD (Commercial Business District), PCD (Planned Commercial District), or any mixed-use zoning designation. The proposed amendments would also establish definitions for a Tap-room and a Brewpub. A Tap-Room is limited to the production of a maximum of 1,500 barrels (or 46,500 gallons) of alcoholic beverages per year exclusively for on-site consumption. Tap-rooms operate similar to bar uses; therefore, staff proposes to permit them subject to Conditional Use review within C-3 (General Commercial) and C-4 (Heavy Commercial) zoning districts, all mixed-use zoning districts, and within Planned Industrial Development (PID) districts. Brewpubs, which primarily involve food service with beer manufacturing as a subordinate component, would be restricted to the same limits on production and distribution placed on Tap- rooms. Brewpubs operate similar to restaurant uses; therefore, staff proposes to permit them by right subject to additional requirements within C-2 (Neighborhood Commercial), C-3 (General Commercial), and C-4 (Heavy Commercial) zoning districts, and within all mixed-use and industrial zoning districts. In addition, the use would be allowed as an accessory use on properties zoned PU (Public Usage) or REC (Recreational). TAKE-OUT RESTAURANTS The restaurant industry is experiencing growth within the take-out and delivery segments, more specifically through the popularity of third-party delivery companies. These companies provide a service to restaurants by allowing restaurants to provide a food delivery option without needing to establish and maintain this amenity in-house This food service niche expands service to customers by providing an easy-to-use app to order and pay for food. As a result of the growth of these third-party delivery companies, a new type of take-out restaurant has emerged which exclusively takes orders from these third-party delivery companies' apps. Since these types of take-out restaurants are app-based, they typically do not require the visibility and location criteria that a typical take-out restaurant needs, and seek out spaces in less visible commercial areas. Staff has reviewed this growing type of take-out restaurant use, and undertands that while it similarities to a take-out restaurant use, it differs from a standard take-out restaurant as customer visits are brief, being onsite only to pick-up an order that has already been prepared Also, such uses do not require frontage on an arterial road (for exposure and visibility), given information that is distributed via social media, and directions to the restaurant provided by the app. Because customers order and pay for food prior to arriving at the establishment, they are waiting off-site as the food is being prepared, and typically only arrive once the food is ready. In addition, the expansion of this use within the M-1 zoning district would add to the industrial employment base, similar to the establishment of catering uses. As such, staff concludes that this type of take-out restaurant is equally or less impactful than a standard take-out restaurant use, provided that the use is regulated. 3 Page 87 of 94 Page 4 Medical Care or Testing(In-patient),Beverage Manufacturing, Brewpub,Taproom Brewery,and Take Out Restaurants CDRV 22-002 Take-Out Restaurants are a permitted use in the M-1 industrial zoning district, subject to a note which restricts their location to multiple tenant lots fronting arterial and collector roadways, in addition to size restrictions and parking requirements. As indicated in the attached exhibit, staff proposes modifying the note to allow take-out restaurants district-wide in M-1, however those restaurants not located along collector or arterial roadways will be restricted to tendering transactions off-site to ensure that the app-based take-out restaurant does not become a standard take-out restaurant. Staff proposes keeping the requirements regarding multi-tenant developments and size restrictions. In addition, parking regulations are established for take-out restaurants in M-1 to ensure that adequate parking is available prior to the establishment of these types of uses. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to support business retention, attraction, and expansion. Attachments 4 Page 88 of 94 PART III.LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS BEVERAGE MFG-An establishment primarily engaged in the manufacturing,purifying,bottling, and distribution of non- alcoholic beverage products.... BREWERY - An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of alcoholic beverage products. This industrial use may also include a subordinate commercial component such as a tasting room or retail area that is open to the public. BREWPUB -A restaurant(as defined by this section)that manufactures a maximum of 1,500 barrels of beer per year which is consumed on-site. This use does not include any distribution of beer. ... DISTILLERY— See Brewery. MICRO-BREWERY - An establishment which combines on-site food service and manufacturing, & distribution of alcoholic beverage products. These facilities are restricted to manufacturing a maximum of 3,000 barrels(or 93,000 gallons) of alcohol per year. This use must include a commercial component such as a tasting room or retail area that is open to the public. MICRO-WINERY— See Micro-Brewery. MICRO-DISTILLERY - See Micro-Brewery. TAP-ROOM — A bar (as defined by this section) that manufactures a maximum of 1,500 barrels (or 46,500 gallons) of alcohol per year which is consumed on-site. This use does not include any distribution. ...WINERY— See Brewery. CHAPTER 3.ZONING ARTICLE IV.USE REGULATIONS Sec. 3. Use Regulations. D.Use Matrix Residential Commercial Mixed-Use Industr Misc ial Page 89 of 94 P = n n n n W n d Permitted � � � N w -L� C= Condition al A= Accessory COMMERCIAL Retail Sales Brewpub P P P P P P P P P P P P P A A 2 58 58 58 58 17 17 17 17 17 17 58 27 20 20 58 58 58 58 58 58 58 58 58 21 5s Micro- C C C C C C C C C C Brewery, 104 104 104 104 15, 17, 17, 17, 17, 17, Micro- 104 104 104 104 104 104 Winery, Micro Distillery Tap- C C C C C C C C C C Room 16 14 14 16 16 27 16 16 INDUSTRIAL Brewery, C P P Winery, 9 9 26 Distillery 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1,Article II of the LDR under definitions for"Street-Arterial" and"Street-Collector".Except for those Medical Care or Testing (In-patient) uses that are required to have Conditional Use approval, such uses shall be limited to lots that front on an arterial roadway. 58. Restaurant and Brewpub. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. Page 90 of 94 c. M-1 district. This non-industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple- tenant development on a lot that fronts on an arterial or collector roadway; 2)does not exceed two thousand, five hundred (2,500) square feet; 3)excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 59. Restaurant(Take-Out). a. M-1 district.This non-industrial use is allowed within the M-1 district,provided that it 1)is located within a multiple- tenant development; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a drive-through or drive-in facility; 4) complies with all off-street parking requirements of Chapter 4, Article V; and 5) does not tender transactions on-site unless located on a lot that fronts an arterial or collector roadway. 101. Medical Care or Testing (In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access,private outdoor patron amenities,buffering,and the like. Conditional Use approval may be waived for those uses found exempt from the requirements of Items "b" and "c"below,that provide continuous client services designed or programmed to conclude within a 24 hour period, and that operate in less than 5,000 square feet. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design.Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design.Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas 42, 43, and 44 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance,the entries into the downtown,the fabric of the streetscape,harmonious land use relationships,downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 104. Micro-Brewery, Micro-Winery, Micro-Distillery. (1) a. All Districts Drive-up, drive-through, and/or drive-in facilities are not permitted. (2) All business activities shall occur within a building with the exception of approved loading areas and permitted outdoor seating. (3) This use is required to have an approved delivery and loading area. The location of the delivery and loading area shall be located at the rear of the property and/or behind the building as to not be visible from any right-of-way (public or private) or residential property or use. (4) The establishment must submit proof of required licensing and production quantities. (5) A minimum of 50% of the beverages manufactured must be used for onsite consumption. CHAPTER 4. SITE DEVELOPMENT STANDARDS Page 91 of 94 ARTICLE V.MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 2. Standards. C. Table 4-18. Commercial and Office&Health Care Uses. Where a use is located in a shopping center,office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater(see "theater" in Section 3.D.below). Commercial and Office&Health Care Uses Standard Number of Required Parking Spaces Per square feet(unless expressed otherwise) Building area is based upon gross floor area(in square feet)unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200,whichever is greater' Shopping center: 1 per 200 Office-retail complex: 1 per 200 Restaurant: 1 per 2.5 seats (no less than 1 per 100)' Brewpub: 1 per 2.5 seats (no less than 1 per 100)' Restaurant, Take Out": 1 per 300 Bar&night club: 1 per 2.5 seats (no less than 1 per 100) Tap-room: 1 per 2.5 seats (no less than 1 per 100) Micro-Brewery, Micro-Winery, Micro-Distillery 1 per 500 of manufacturing area and 1 per 2.5 seats (no less than 1 per 100) for remaining gross footage. Gasoline station: 1 per 2503 Grocery store: 1 per 200 Auto car wash(polishing,waxing, detailing) Automated(no employees): N/A Full-service: 4 per tunnel4 Auto car wash, self-service bay: 2 per bay Auto/motorcycle/truck, trailer, rec. vehicle 1 per 5005 sales/rental: Automotive,repair major and minor 1 per 250' Automotive,repair(paint and body shops only): 1 per 3008 Boat dealer/rental: 1 per 500' Coin-operated laundry or dry cleaner: 1 per 250 Copying,printing, or sign design: 1 per 300 Funeral home: 1 per 200 Pet care: 1 per 300 Bank and financial office: 1 per 250 Medical or dental office,imaging/testing: 1 per 200 Page 92 of 94 Photography studio: 1 per 300 Personal care (beauty,hair, and nails): 1 per 100 Furniture and home furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi, limousine, and charter bus: 1 per 300 Nursery, garden, and farm supply: 1 per 2,000 of outdoor nursery area' Travel agency: 1 per 300 Showroom warehouse (single-product line) 1 per 5000 Business/professional office not listed within this 1 per 300 subsection: Establishments not listed elsewhere within this 1 per 200 subsection: 1 Non-residential: For the non-residential components of a mixed use project,parking shall be calculated at a minimum of one (1)parking space for each two hundred(200) square feet of gross floor area. 2 Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats provided that the number of outdoor seats is twenty percent(20%) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. 3 The required queuing distance at pump islands shall be in accordance with Chapter 4,Article VI, Section 3.F. Gasoline station establishments that contain"automotive,minor repair" shall provide for additional parking spaces(see "automotive, minor repair"). 4 Plus one (1) space per seventy-five (75) square feet of detail,washing, and waxing areas. 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent. 6 Plus one(1) space per ten thousand(10,000)square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. 7 One (1) space per two hundred fifty(250) square feet of gross floor area devoted to office, display of merchandise, and waiting area. In addition, three (3)parking spaces are required for each service bay. The space within a service bay may be counted towards satisfaction of the required parking. However,in no case shall less than four(4)outside parking spaces be provided. 8 In addition, each overhead door and interior spray booth may be counted towards satisfaction of the required parking, provided there is the minimum area(the size of a standard parking space)between an overhead door and an interior spray booth. However,in no case shall less than four(4) outside parking spaces be provided. 9 Plus required parking for any retail floor area. 10 One (1) space per 500 square feet for first 10,000 square feet, then one (1) space per 1,000 square feet thereafter. 11 Take-Out Restaurants located in M-1 shall be one (1) space per 350 square feet of gross floor area. E. Table 4-20. Industrial Uses. Industrial Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area(in square feet) unless specifically expressed otherwise. Any non-residential use 4 or 1 per 200, whichever is greateri (minimum): Beverage and/or food 1 per 500 2 manufacturing: Brewery, Distillery, Winery 1 per 500 2 Page 93 of 94 Dry cleaning plants: 1 per 500 Publishing and commercial 1 per 500 printing: Packing & shipping, 1 per 800 trucking, and moving: Research & development, 1 per 300 scientific/technological: Warehouse, wholesale, distribution Multi-tenant building, 1 per 5003 multi-use: Single-tenant building, 1 per 8003 single-use: Warehouse, dead-storage 1 per 1,000 Warehouse, internet sales 1 per 7004 Storage, self-service 1 per 75 bays (limited and multi-access): Manufacturing and 1 per 500 industrial uses not listed elsewhere: 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Plus one (1) space per 300 square feet for that portion of an accessory tasting room that exceeds 20%of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50%of the gross floor area. 3 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed twenty percent (20%)of a single-tenant building or twenty percent (20%)of each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one (1) space per three hundred (300)square feet for any accessory office floor area that exceeds twenty percent (20%)of the building/bay(s). 4 Plus one (1) space per five hundred (500) square feet of area devoted to showroom/auction room. 5 Plus one (1) space per three hundred (300)square feet of office space plus two (2)security spaces, if applicable. 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