Agenda 04-26-22 CITY OF BOYNTON BEACH
PLANNING AND DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday,April 26, 2022 TIME: 6:30 PM
PLACE: City Hall Community Room, 100 E. Ocean Avenue
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Approval of Minutes
4.A. Approve board minutes from the 3/22/22 Planning & Development Board meeting.
5. Communications and Announcements: Report from Staff
6. Old Business
7. New Business
7.A. Approve request for Major Site Plan Modification (MSPM 22-003) to the Publix Distribution
Center to allow for the construction of a ±571,558 square foot warehouse building expansion and
associated site improvements on a 63.79 acre site, located at 5500 Park Ridge Boulevard, in the
PID (Planned Industrial Development) zoning district. Applicant: Randolph Barber, Publix Super
Markets, I nc.
7.B. Approve amendments to the Land Development Regulations, Chapter 3, Article III. Zoning
Districts and Overlay Zones; Chapter 3, Article IV, Section 5. Nonconforming Uses; and
Chapter 4, Article IX, Section 6. Historic Preservation Requirements to promote, incentivize and
facilitate the preservation of historically-designated properties in the City.
8. Other
8.A. Presentation on the review of development applications for compliance with Palm Beach County's
traffic review requirements and standards.
8.13. Presentation by staff on the City's requirements for preservation of natural areas.
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,
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
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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.
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4.4.A.
Approval of Minutes
4/26/2022
_ CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 4/26/2022
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve board minutes from
the 3/22/22 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 03/22/22 Minutes
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MINUTES
� a
PLANNING AND DEVELOPMENT BOARD
100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA
TUESDAY, MARCH 22, 2022, 6:30 P.M.
PRESENT: STAFF:
Trevor Rosecrans, Chair Mike Rumpf, Planning & Zoning Administrator
Butch Buoni, Vice Chair Luis Bencosme, Planner
Chris Simon Sean Swartz, City Attorney
Tim Litsch Jennifer Oh, Prototype Recording Secretary
Kevin Fischer
Darren Allen
Thomas Ramiccio
ABSENT:
Jay Sobel
Lyman Phillips
GUEST:
Brian Kelley, Traffic Engineer
Bonnie Miskel, Attorney
George O'Brien, Architect, MSA Architects
Rene Gutierrez, TM Residential - applicant
The meeting was called to order at 6:33 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. Ramiccio, seconded by Mr. Fischer, to approve. In a voice vote, the motion passed
unanimously. (7-0)
4. Approval of Minutes
4.A. Approve board minutes from 02/22/22 Planning & Development Board meeting.
Mr. Litsch advised that Susan Weir should be "Susan Oier".
Mr. Fischer referenced Page 2, Section 5, and noted the word, "there" should be changed to "a".
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Motion made by Mr. Ramiccio, seconded by Mr. Fischer, to approve the February 22, 2022 meeting
minutes. In a voice vote, the minutes were unanimously approved as amended. (7-0).
5. Communications and Announcements: Report from Staff
Mike Rumpf, Planning & Zoning Administrator, and Luis Bencosme, Planner, were present.
6. Old Business -None.
7. New Business
7A. Approve request for New Major Site Plan (22-001) for Shalimar at Boynton Beach to allow
the construction of a mixed-use development consisting of 250 residential units,two(2)2,150-
square-foot retail buildings, a 9,850-square-foot clubhouse, and associated site
improvements.
Approve request for Master Plan Modification (MPMD 22-001) for Shalimar at Boynton
Beach to establish project density and intensity, maximum building heights, land use
distribution, and vehicle pedestrian circulation design.
Attorney Bonnie Miskel was present on behalf of the property owner and developer. The project is on the
southwest corner of Knuth Road and Boynton Beach Boulevard and is approximately 12.5 acres.
Previously, this was reviewed for a Land Use change in a Rezoning. On June 15, 2021,the City approved
Ordinance 21-014 to amend the Future Land Use Designation from Local Retail to Mixed Use Low. Also,
a companion item was Ordinance 21-15 to Rezone the property from PCD to SMU,which is the Suburban
Mixed-Use category. This property was annexed around 1990 and those designations were provided. The
intent at the time of annexation was for a large Commercial Retail Center that never happened; the
property was vacant then and continues to be vacant. The applications before the Board, include a Master
Plan and Site Plan approval for Mixed Use Residential in a Commercial Development including 250
Residential units,two 2,150-square-foot retail buildings, and a 9,850-square-foot clubhouse;535 off-street
parking spaces are included, and 465 parking spaces are required, which does not include square footage
for the clubhouse and leasing office. They sought the special reduction for off-street parking for
sustainability, which is included in the backup, and they have scored sufficient points to qualify. They
have applied for additional spaces beyond what is needed. This project is a high-end lifestyle amenity
project with resort style amenities, including a resort style pool located behind the clubhouse that fronts
Boynton Beach Boulevard. Also included are play areas around a lake with a boardwalk, multiple play
areas, a tot lot, a dog park, and dog walk areas. The boardwalk is shown on the plan as a lakeside walking
path and there are gardens. There is far more open space than required by Code. She pointed out a right-
of-way that dead ends into a neighboring golf club community, which they are not abandoning; there is a
recommendation they move forward, and abandonment is not included in their calculations and is not
required for purposes of open space. Surrounding them is the Quail Ridge Course, the Fairways and
Greens, and some lakes are immediately contiguous to the site on the west side, west of the non-
constructed right-of-way. The south side also includes Fairways and some green area with residential
homes on the other side. That road was never constructed, and dead ends into the golf course. The project
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has ten three and four- story buildings. To be sensitive to the single-family community to the west and
south, the four-story product is in the center of the project away from the property aligns and is set back
significantly. The bedroom mix includes one,two,and three-bedroom units. This is a plan where the green
space is, which is significant and exceeds the requirements.
George O'Brien, Architect with MSA Architects was present. He reviewed the elevations and stated the
main elevation faces Boynton Beach Boulevard, which is composed of their two-story clubhouse in the
middle, and retail components on either side. They went with a coastal seaside theme for the architecture
and wanted to incorporate some of the tower elements to help anchor the project and create some height
and visibility for retail from Boynton Beach Boulevard. He highlighted the following Building elevations:
• Regarding Building Type 1 elevation, they carry the entire architecture and start creating
architectural language as they move through all the buildings. Tower elements anchor the corners
of the building. In the center,the parapet is elevated to create a gable and style of roof with a pitch
in the middle, and all the balconies in a shaded area can be seen, which is finished with a metal
roof paneling. A language is created for all entries to the buildings and to break up the architecture
horizontally with the use of banding and siding to bring texture into the elevations. On the sides,
awnings, shutters, and the horizontal break by using siding and banding.
• There are eight footprints at every level and corridors serving four units per level that go all the
way through, so there is access from either side of the building, which will allow connectivity to
flow.
• Building Type 1 Hybrid is basically the same as the building previously shown,the only difference
is there is a garage program. There are four garage doors; private garages will be used with the
units.
• Building Type 2 is a four-story building. Tower elements, shutters, and awnings are placed in a
way that makes sense with the rest of the buildings, so it is organized. All the balconies are covered,
and entries are the same. Architecture is broken up by using banding and siding, which allows
them to introduce an accent color on the base of the building.
• Building Type 3 is similar to Building Type l; however, the building is longer because there are
larger units since all the units are two bedrooms. Garages are on the ground floor, which is
different, but the rest of the architecture follows the same language. Attempts were made to
centralize part of the building with a gable end and towers with awnings and shutters on top, so
they are visible and not hidden by landscaping.
• Building Type 4 is a shorter building with a centralized element, towers, and siding to break up
the architecture; everything else is similar to the other buildings.
• Building Type 5 has all the roof elements, and there is metal panel finish on the awnings above
the balconies.
Mr. O'Brien stated a rendering from Boynton Beach Boulevard shows a better perspective of the
clubhouse and how it embraces the community and residents as they enter. There are two retail
components on each corner and in between there are outdoor seating areas available for the community
and residents. Another view off Knuth Road shows the building, lake, and existing gas station.
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Attorney Miskel indicated they comply with setback requirements. This category has a build to line,which
is from zero to 90, and they cannot exceed 90. They also have the required buffer; it is in the Code, and a
berm within the buffer along Boynton Beach Boulevard. She mentioned that they wanted to speak to staff
regarding a few clarifications; they want to add language, so they are clear. One condition she would like
to review is Condition 410. The current language says they are required to secure approval of the vacation
abandonment of the right-of-way that was never improved and dead ends prior to permitting or CO. They
have coordinated with Mr. Rumpf, and they have no problem applying for it, but it is up to the City
Commission to decide whether they want to abandon the right-of-way, and if they choose not to, that
would be a condition they could not comply with. This was discussed with staff, and she would like to
modify that to require her client to submit the request and process it, but it is the purview of the City
Commission to decide if they want to go along with it. This is not required to meet any standards in the
Code and is not something that would make them non-compliance if it was not approved. Staff has
recommended approval.
Mr. Rumpf suggested wording, so everyone is clear on the motion. If approved, he would move to amend
Item 410; staff proposes it read, "...required to initiate the request for vacation abandonment ..." instead
of"...required to secure approval of a vacant abandonment application".
Chair Rosecrans opened discussion to the public.
Susan Oier, resident, 140 SE 27h Way, clarified that the road mentioned is Knuth Road. She recalled
being on the Board and it was approved because it was going to be beautiful luxury homes and questioned
if this was supposed to be luxury homes when Joy Winchester mentioned this in the past.
Mr. Bencosme did not have recollection of that discussion. It could have been discussed, but he did not
recall a specific condition, or any type of documents recorded to require that. If anything was recorded, it
was overlooked.
Ms. Oier commented that no other apartments are needed in this City. Everyone is aware of the sewer
problems in the City, the lack of water, and no water to pump their toilets, and now City wants to add
another 253 apartments on top of the 1,000 being built downtown where there is already sewage
overflowing because no one can flush their toilets. She requested the Board deny this application. She
asked what is being done about the animals; this is one of the last pristine forests in the City. She
questioned where the animals are going and who is protecting them and why a pocket area is not being
created as a Preserve, which could raise rents because apartments would be near a Nature Preserve. She
asked developers to do the right thing and make a pocket in the corner to serve as a Nature Preserve, to
give the animals a place to go while maintaining some symbol of the green space that was there all along.
Ernest Mignoli, resident, 710 NE 7h Street, Harbor Hall, Inlet Club 1, Unit 407, was present. He asked
how many one, two, and three-bedroom apartments there are. He referred to the meeting agenda and
thought the word "Advisory" should be added to the Planning and Development Board, since they are
Advisory. He also thinks it is incumbent upon the City Manager and City Attorney to list Board members
on the agenda, so residents can cross check how all the political candidates are tied in with Board
Members, developers, Mayors, Commissioners, and the County. Regarding overflow of sewage, he
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mentioned the sewers where he lives are pumped twice a week. He noted there is a sewer issue on Federal
Highway and animals are dying everywhere.
Chair Rosecrans advised the names of all attendees from the City and City Manager are in the meeting
minutes that are published. They cannot predict who might be at the meeting because there may be some
alternates in attendance.
Gregory Hartman, resident, 1083 SW 25h Place, Golfview Harbor, was present. The project is prettier
than imagined, but he is a resident of District 1 in Boynton Beach. His biggest concern is that the density
is too high and not right for the area. There are already a lot of rentals along Congress Avenue, and he did
not know if the City was in need of more rental units. When looking at housing overall, it does not seem
like rentals are needed; housing is a huge concern. He mentioned housing costs and stated without more
inventory, prices will never come down. He thinks townhouses are more in character for the area and
reiterated there should not be rentals; there should be more emphasis on owned homes. He liked the
stylings; it looks nice. He asked what the rents are starting at and stated rent is already high in Affordable
Housing, and cost should be considered. He has looked at rents in the area,which are extraordinarily high.
This will not help solve the housing problem in addition to traffic in the area, which is a generic concern;
traffic is not getting better.
Abbey Glecier,resident, 1405 Belmont Place,was present. She thinks this project is going to be a disaster;
it will immensely increase traffic. There are already a lot of accidents at the corner of Knuth Road and
Boynton Beach Boulevard; for some reason there are lots of U-turns at that location. She mentioned
numerous potholes in the area that turn into sinkholes and the increase in traffic will add to that problem.
She referenced landscaping and asked if native plants could be planted that would help the ecosystem and
the habitats of animals that live there. The area is lovely to walk and bike and she thinks this project will
destroy that. The project is too dense; 250 units and at least 500 people and cars. She also mentioned
increased crime and aggravation. At best,the area should remain single-family homes and even better, left
as green space.
Chair Rosecrans closed public comments.
Mr. Ramiccio mentioned traffic circulation and questioned the Level of Service on Boynton Beach
Boulevard and if it is at capacity, what trips will be generated from the project.
Mr. O'Brien advised the project is submitted to FDOT, Palm Beach County, and the City. They have
approval from FDOT and Palm Beach County for traffic concurrency. Boynton Beach Boulevard where
they impacted is not over capacity, so they do meet applicable Level of Service requirements for that
roadway, which is Level of Service D, the requirement from Palm Beach County and the Comprehensive
Plan. Regarding the number of trips generated, overall, they tend to look at trips from the peak hour
perspective and that is how they evaluate it. The peak hour impact of the site is 124 trips, so it is about
two per minute.
Mr. Litsch asked if parking was considered.
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Mr. O'Brien stated they also did a reduced parking statement for this site.
Mr. Ramiccio mentioned parking problems in some of the PUD's, such as on-street parking, parking in
the Swale, and areas where cars should not be parked. To anticipate parking problems with this project, he
asked if they would consider increasing parking. He agreed it is a little dense for the acreage on that site;
it is a lot of buildings without a lot of space. He would like to see more space and a good recommendation
from this Board to eliminate one of the buildings or an increase in green space. Understanding the Code,
it meets the minimum landscape and green space requirements. He likes the project but thinks it could be
much better. He questioned if the apartments are Market Rate.
Attorney Miskel indicated there are 48 one bedrooms, 166 two bedrooms, and 36 three bedrooms, and
they are all considered Market Rate. She stated rent ranges depend on one, two, and three-bedroom
apartments and they range anywhere from$1,800 to $3,100; it is not Work Force or an Affordable product.
Regarding previous public comments, Attorney Miskel stated she did not represent the Winchester family.
She attended some of the meetings when they were hearing this, but she could not speak to what was
committed to. From the beginning, this owner and developer has always been considering this product
type, which conforms to a Land Use in the Zoning category. This mix and type of unit is allowed in the
SMU, but she did not know what the Winchesters may have committed to or said on the record.
Mr. Litsch mentioned the towers in the entrance way on the two ends and asked if they will be open and
accessible.
Mr. O'Brien advised they are held by the column; they are open and can be seen through, but they are not
accessible.
Mr. Simon commented that perhaps they could get better traffic flow around and in and out of the property
onto Boynton Beach Boulevard. There are two points of ingress and egress that converge at almost the
same point at Boynton Beach Boulevard, which are near a U-turn, and the amount of increased traffic at
the egress point onto Boynton Beach Boulevard directly north of the clubhouse. He questioned where that
is in relation to the point of U-turn and thinks it is further east, so it means a right-hand turn can be made
coming out. He commented that perhaps a potential break in the median is required for left turns.
Attorney Miskel stated the front entrance is intended for the retail uses and parking in front of and to the
south of Boynton Beach Boulevard is also for retail. The Knuth Road entrance is the primary residential
entrance and exit in an effort not to mix the traffic. During review, this discussion came up because there
was concern about potential conflicts, so their design changed during that time.
Mr. Simon mentioned there is a gate for residents to go in and out of Knuth Road and questioned if there
is a point that prevents retail traffic from flowing into the residential portion.
Mr. O'Brien indicated there is a gate on the west of the retail buildings and a gate on the east, which
residents cannot use.
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Mr. Simon questioned if it prevents residents from leaving that way.
Attorney Miskel advised residents may exit, but retail must exit there. Residents can exit at Knuth Road
as well, but it was intended, and traffic was distributed that way because it makes more sense given the
locations.
Mr. Simon questioned what type of retail businesses would be going on the property. Part of the staff
report stated the principal purpose of this District is to allow a mix of Residential and Commercial uses to
compliment the City's Commercial corridor, provide minimum connectivity, and minimize travel
distances to contribute to the vision for the intended area. There is a limited amount of retail space, and
he asked what services are being provided to help minimize travel distances if the intent is to maximize
travel distances and there is only 4,000 square feet of retail, which may be six retail spaces for 250 units.
Attorney Miskel indicated the types of allowed retailers have not been approved yet; there has not been
any marketing of non-residential and Commercial spaces at this point. There are two spaces that are 2,150
square feet each and that could be broken up differently depending upon the user. Their expectations are
that they will be neighborhood serving uses.
Mr. Simon questioned if that is something the City begins to implement. He asked if the City is trying to
reduce traffic and develop a certain manner, if that should be implemented further in the description.
Regarding the traffic study, it indicates 1,500 net daily trips are generated, 92 net A.M. peak hour trips at
124 net. He questioned if that is the traffic currently on Boynton Beach Boulevard or if it is being projected
into the project and if it takes retail spaces into account. He asked what is being taken into account in the
Traffic Study.
Mr. O'Brien advised the 124 trips include the combination of Residential and Retail, it is just their site
trip generation. The Traffic Study also includes an analysis of the roadway. They look at existing counts
and future counts, meaning approved projects and historical growth rates for Boynton Beach Boulevard.
They layer everything to get final traffic numbers for Boynton Beach Boulevard and then compare that to
an applicable Level of Service volume threshold. There are trips approved just outside of Boynton Beach
Boulevard, but overall, in Palm Beach County that could be using Boynton Beach Boulevard. The County
has a database, which they use when conducting an analysis.
Mr. Simon mentioned the dumpster location and noted that in his opinion, it always ends up in a bad
location. If someone is on the west side of the dumpster location is heading north and wants to make a left
turn, they are not able to see traffic coming from the eastern part of the lot around the dumpster. He
questioned why dumpsters are exempt from staying out of the site triangle. He thinks that is an oversite
and to him, it is a safety issue.
Mr. O'Brien stated internal islands, etc. are not limited by Engineering curbside standard. Typically,there
are stop signs internal to parking lots.
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Mr. Simon commented that the north door, if it is a double swing door, is going to hang open and block
traffic. When staff acknowledges infrastructures such as Fire or other resources, he questioned if it takes
into account the strain on other businesses,parking in other areas, and future stresses on the infrastructures.
If one project for 250 units is approved today, he questioned if it factored when determining the quantities
within a Zoning District, whether it can handle the support, or if the District is designated with the
maximum residents, number of units, or increase in resources as the developments happen.
Mr. O'Brien thought that would be directed to Fire staff, he believes they react project by project. He
thinks the boundaries to the City would have the greater impact on their service analysis, in future
planning, and what is within the boundaries.
Mr. Simon mentioned response times and how that affects businesses and parking. He thinks it puts a lot
of strain on local businesses as far as parking and congestion. The proposed development is required to
submit an approved School Capacity Availability Determination Application to ensure the area schools
have adequate capacity to accommodate potential public-school students who will reside at this project
and an approval letter from the County is required prior to the issuance of a permit. He wants to be sure
that is included in the condition if they do seek approval.
Mr. Fischer commented on the Site Plan and noted they are not here for a Future Land Use Change or
Rezoning; the density proposed is consistent with what the City Commission already approved. No
increase is being sought from what is allowed by right. Regarding the Site Plan, his major concern is the
one entry point because access is shared with the existing gas station and convenience store. There is
stacking of vehicles, and they would be cutting off the ingress and egress into an existing gas station; he
is worried about a conflict at that location. In addition, people are being forced to loop through the entire
site to get to buildings on the west side and he questioned if there would be a way to make the northwest
section an entry and exit to help with the issue. The two gates on either side of the retail buildings are exit
only for Residential units;therefore,there is no access into the site through those gates, so that is funneling
all the residents in off the access road that provides access to the existing gas station. The question is if
they have explored having that gate as an entrance and exit gate, so residents are not forced into one
location.
Mr. O'Brien thought they wanted to have the ability for residents to enter through Boynton Beach
Boulevard and if he recalled, that was something staff was concerned about, so gates were added to keep
residents from coming in off Boynton Beach Boulevards. They would like that option and he thought it
would help circulation for their site, but it was a staff concern.
Attorney Miskel stated they do not have a Palm Beach County or FDOT ban or prohibition for that. She
thinks one concern was that staff did not want to see people cutting through the development to get to
Knuth Road and not wait at the light. A gate would allow residents to go through, so they could enter at
Boynton Beach Boulevard, but there would still be a gate so non-residents would not be doing any kind
of cut-through. They would be happy to make the change if that is the Board's desire.
Mr. Fischer did not know if staff shared that concern.
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Mr. Rumpf agreed unless the County or State has a requirement for a deceleration lane or something for
a certain volume of traffic. He thought they should maximize the entry points into the project. If it were
not for the need of parking spaces, they probably would have recommended another access further south
at Knuth Road.
Mr. Fischer mentioned the Site Plan on the screen for the dog park, which says, "Enclosed with gates",
but on the Site Plan in the backup, nothing was shown for fencing in the dog park or for the pool area. He
wanted to be sure that would be included and required.
Attorney Miskel advised they looked at an additional exit or entrance on Knuth Road,but they would lose
a lot of parking spaces and there would be a potential issue. As far as Boynton Beach Boulevard is
concerned, they could do it, but a right turn lane would be required. A deceleration lane coming into the
project would mean they would be modifying the berm and buffer on one side of the site, but it is
something they could consider if the Boards makes a request.
Mr. Fischer indicated the Site Plan included in the backup did not denote any fencing around the dog park,
but the staff report stated it would be fenced, and the rendering says it will be. He questioned if the pool
will be secured.
Attorney Miskel replied yes, by law; it is Code. They are going to apply for the abandonment as the
condition Mr. Rumpf suggested. The entire length is substantial, and they could leave it in a natural or
more vegetative state to encourage other critters to be there and thrive. They are willing to do this if the
Board wants to make a recommendation to the City Commission.
Mr. Fischer commented there were a couple of inconsistencies with reference to the amount of required
parking and the differential from the Code. He questioned the decrease from what would be required to
what they are providing on site.
Mr. Bencosme advised the decrease is six less parking spaces than the Code requires. The parking
reduction for the existing building would allow less than 476 spaces, but they are only requesting a
reduction of six parking spaces, which would be provided if needed through a contingency plan or
operational status.
Vice Chair Buoni mentioned the entrance on Boynton Beach Boulevard, and he foresees a bottleneck
there; there is a clubhouse building, consolidated mail everyone will want to check, and retail. He can
imagine a rainy day when everyone wants to park as close as possible and that is inclusive to the
restaurants; he did not see any handicap spaces. People in Building 5 want to be able to go to the pool and
sit in the sun and they will drive there. He questioned if the mailboxes have to be at that location or if they
can be placed around each building with drive-in spaces.
Rene Gutierrez, TM Residential, the applicant, stated one of the ideas of the clubhouse is for residents as
they arrive and go to their apartment. The idea of having the boardwalk sidewalk around the lake is to
allow residents to walk to the pool, clubhouse, or to pick up mail or parcels. The purpose is to have
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residents walk. People coming from Boynton Beach to the clubhouse are coming to inquire about leasing.
The goal is to have residents come through Knuth Road.
Vice Chair Buoni understands the theory but might not agree.
Chair Rosecrans asked about the credit received for the nature path or trail. He is having a hard time
understanding how that is a nature path that is harming existing natural features when developers are going
to wipe out every natural feature there is to put in a lake and sidewalk.
Mr. Bencosme advised that based on the landscape plan, the applicant is proposing to preserve a series of
Live Oak trees and Sabal Palms. The reason for the Code requirement for sustainability is to provide an
area where residents can exercise and walk around.
Chair Rosecrans understood, but that is not how it is worded in the backup. It is a nature path or trail,
public pedestrian, or bicycle access to natural elements. He asked if one Live Oak tree is the natural
element that gives them a credit for sustainability.
Mr. Bencosme stated the path is landscaped with shade trees and other types of shrubs and ground cover.
Chair Rosecrans thinks they missed the mark with sustainability with the City on a 12.5-acre piece of
property and none of it is being kept as natural area. He does not think there is a potential for a Preserve
except for the right-of-way that is being abandoned. He mentioned open space versus green space and
questioned if open space is required if it can be anything the public uses and does not have to be green.
Mr. Bencosme replied that it is correct, it is labeled as useable open space. It is more intended to be active
useable by the residents; it can be active or passive,but useable. The City's Comprehensive Plan identifies
environmentally sensitive lands in the City and categorizes them by quality; there are specific standards
for preservation. Ecosystems or natural areas include dedicated or set aside portions of development or
acquisition under the recommendation of the Comprehensive Plan. This site's property was used by the
Winchester family for years and tax exemptions were received for the purposes of agriculture. An aerial
shows there are some spotted trees and native or exotic type species growing, but there was not enough to
warrant environmental studies and consideration of environmental species. They have gotten tree
preservation, tree location, and use of existing species on the site, and active or passive recreation.
Attorney Miskel commented they have been active in preserving the existing vegetation, but it has been
used for agricultural purposes. They can review some of the vegetative areas they have preserved.
Chair Rosecrans did not see the landscape plan in the backup and questioned if it was provided. He noted
the renderings show a lot of palm trees, which seemed to be most of the foliage provided.
Peter Strelkow, Landscape Architect, was present. He stated the plan is heavily treed with most being
native trees, Live Oaks, Green Buttonwoods, native Hollys etc. As far as shrubs, there are all sorts of
Stoppers and Wild Coffee, and there are requirements for butterflies, which they are way past. The trees
will bring in birds, butterflies, raccoons, etc., within reason. There will be a lot of shade canopy.
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Planning and Development Board
Page 11 March 22, 2022
Chair Rosecrans asked if there is a butterfly plant; he did not see that as a credit for sustainability. He
asked if they have to apply for it to get it.
Mr. Bencosme stated the applicant provided four species of trees and shrubbery that attract butterflies. He
indicated with sustainability there are two sections; one includes EV charging stations and white roofs.
When he reviewed the plan, he did not see it listed, but they identified it and they are there. He asked the
Landscape Architect to provide a list, which they did.
Chair Rosecrans mentioned the 124 peak trips and asked if that is A.M. or P.M.
Mr. Kelley replied the 124 peak trips is the P.M.
Chair Rosecrans questioned at what point the City starts to worry about signalization at Knuth Road. He
is concerned with stacking upon entry, as everyone is coming home and trying to make a right turn.
Mr. Rumpf stated they would be looking at the County regarding traffic impact.
Mr. Kelley advised the 124 P.M. peak trips is a combination of the ins and outs. The ins are 73 inbound
and that is the combination of both Boynton Beach Boulevard and the entrance on Knuth Road. Traffic
counts were done at that driveway and the number of existing trips at that driveway are low. They are no
where close to a single warrant, and they are not anywhere near that threshold. Trips are going to increase,
but they are at an overall low level.
Chair Rosecrans asked what the trip counts were on Knuth Road.
Mr. Kelly stated trips at the driveway in the morning showed seven vehicles leaving the gas station
driveway at the A.M peak hour and there were only 17 vehicles during the P.M. peak hour leaving during
a one-hour timeframe. The inbound in the morning was a little higher; he thought it was 28, and the P.M.
inbound was about 48. There are also counts on Knuth Road as well and they were way below any kind
of Level of Service threshold or capacity issue.
Mr. Litsch commented on mail delivery and asked if there would be mailboxes per building or if they are
all at the clubhouse. He noted that mailboxes at the units would alleviate the crush at the clubhouse.
Mr. Gutierrez stated there is a mailroom in the clubhouse for all 250 residents. There is also a parcel room.
He stated the Post Office prefers everything be in one place.
Attorney Miskel indicated they do not have a problem if the Post Office would allow them to have multiple
locations and they would service them. They can monitor and manage it and fight even harder if it is a
problem and would do their best to get the Post Office to accommodate multiple mailbox locations.
Mr. Litsch assumed the rental office would be in the clubhouse as well. He questioned if there is any way
they can insist it stay there and not be moved to one of the retail buildings and then the clubhouse can be
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Meeting Minutes
Planning and Development Board
Page 12 March 22, 2022
turned over to something greater and grander. He asked if there could be a plan to move the leasing office
into one of the smaller parcels, which would free up space in the clubhouse for other purposes.
Attorney Miskel replied yes, the leasing office will be there. The interest is moving the leasing office into
one of the retail buildings and excluding it from the clubhouse.
Mr. Gutierrez stated they talked to staff about that,but they were told they had to have retail, so everything
was put together into one location, which was the clubhouse. They can work with staff and if they are
receptive, that is something they could consider.
Mr. Simon questioned if there are rooms within the clubhouse that residents can rent for birthday parties
or gatherings.
Attorney Miskel indicated there is space for residents to use the clubhouse for other activities and there
are some meeting rooms as well should someone choose to go to the front and not be in their unit to take
a remote meeting.
Mr. Simon questioned if parking is provided for that type of situation.
Attorney Miskel explained in a lease there is more control than if it was a condo. Their client can have
lease restrictions so residents have to go through the leasing office to manage events so parking would not
be an issue. Regarding the doors and dumpster, this has been developed a little different. There is a
walkway and ramp system internally for residents who wish to drop something off at the dumpster, so
they do not have to open the gate.
Mr. Simon mentioned it is not always the residents who leave the gates open. He asked if the leasing office
would limit the number of parking spaces to be utilized.
Attorney Miskel stated the management has the right to manage the property so everyone can cohabitate
without creating a problem for their neighbors. They can include some lease provisions as it relates to
special events, activities, and adequate parking.
Mr. Simon did not think parking would impact the residents because guests cannot get into the residential
parking area; he thought it would impact the businesses. He thinks the architecture is nice; there is a lot
of growth in the City causing a lot of density and congestion issues. He noted this question came up at a
Meet the Candidates meeting, and in his opinion, no one addressed it appropriately. Regarding existing
trees on site and increasing the volume of some of the existing vegetation by enhancing the quantifies of
said material, he did not know if Florida Pine trees were in this project. He did not see any Pine trees in
the list of native trees and stated that Florida Pine trees would enhance the lake and attract several different
birds.
Mr. Gutierrez commented they can work with that list and relocate some of the existing material.
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Planning and Development Board
Page 13 March 22, 2022
Mr. Simon indicated that the County did not want certain types of plants found east of I-95 planted west
of I-95, but they have become lax because it is becoming a little more of a typical type of look within the
landscape. Many other trees will attract similar wildlife to the site that can be more appropriate for an
inland type of an area. If there is a motion to approve, he requested the Board take into consideration and
include all the conditions staff and Board members suggested; he did not think any of those should be left
out. He asked if all the conditions by staff have to be said or if they can move to approve including all
comments.
City Attorney Swartz advised given the volume of the conditions discussed and changed, he requested the
Board detail each condition they would like to see in the motion. He suggested going around the Board to
list the conditions.
Mr. Rumpf advised the Board should be acting on the Master Plan Modification first, which is simpler,
and then the Site Plan.
Mr. Simon questioned if the Board votes on the items separately and vote down the Master Plan, if they
are allowed to vote on the Site Plan.
Mr. Rumpf replied it makes sense there is a recommendation for denial because the Site Plan cannot be
approved without a corresponding Master Plan.
City Attorney Swartz indicated the Board should discuss the conditions and get them on the record, and
then when addressing the motion, the conditions can be addressed more vaguely.
Chair Rosecrans remembered the right-of-way abandonment being held as a Preserve; that was a
condition.
Attorney Miskel stated it is up to the City Commission, but that would be fine.
Mr. Simon mentioned the existing vegetation and questioned if that would be abandoned and left alone.
He thought it should be recommended that exotics be removed and replaced with native materials.
Attorney Miskel stated that would be fine.
Mr. Simon questioned if they know what is on the north side.
Attorney Miskel advised that in this instance, because it all came from the properties to the south, they
would not. The entire platted roadway came from the east side, so in this instance, it would all go.
Mr. Fischer mentioned the one entry point and stacking and noted that he would request they review and
analyze the addition of a second entry point, so every resident does not enter at the point near the existing
convenience store and gas station.
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Meeting Minutes
Planning and Development Board
Page 14 March 22, 2022
Attorney Miskel asked if that would include allowing Boynton Beach Boulevard to serve the residents as
well, because that would make two entry point.
Mr. Fischer was envisioning the northwest corner of the property where there is an exit only because
residents living in buildings on the western side or top side would have a closer entry point so they would
not have to circulate through the entire site.
Mr. Gutierrez stated that would not be possible.
Attorney Miskel thought there was a lift station.
Mr. Kelley advised it is an FDOT road and it would not meet access management standards; they could
not have an additional driveway that close to the existing one.
Mr. Fischer was not saying another curb cut onto Boynton Beach Boulevard, he was saying using the
existing curb cut that faces the clubhouse, that the exit only gate going west would also be an entrance
point.
Mr. Kelly clarified the condition would be to make the northwest residential exit only gate access a two-
way point for entrance and exit for residents only.
Chair Rosecrans asked City Attorney Swartz if they could call that Board Condition of Approval 2 for
purposes of the motion and the previous one Board Condition of Approval 1.
Mr. Fischer questioned if the requirement of the deceleration lane, which would go into the berm area,
was previously mentioned.
Chair Rosecrans stated they can accomplish holding drainage on site with the deceleration lane;the berms
have to be slightly moved.
Attorney Miskel did not think they would have a problem because they have more green space.
Chair Rosecrans commented that was also part of Board Condition of Approval 2.
Mr. Fischer mentioned some language change to one of the staff conditions and suggested that be
incorporated into the motion.
Mr. Rumpf noted it would read, "Prior to permitting, the applicant is required to initiate a vacation and
abandonment application for the abandonment of the right-of-way running along the west".
Chair Rosecrans stated that is Board Condition of Approval 3.
Mr. Simon suggested the inclusion of additional trees that exist on the property; Pine trees, etc. instead of
bringing in offsite material. It would further enhance the types of species already found on site.
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Meeting Minutes
Planning and Development Board
Page 15 March 22, 2022
Chair Rosecrans mentioned discussion regarding the mailboxes. There will be a problem with stacking in
the afternoon when people get off work.
Mr. Litsch commented that would also affect the trip count.
Chair Rosecrans asked if that condition could be a review of the ability to use gang boxes at each individual
building instead of the clubhouse.
Mr. Litsch stated that is a U.S. Post Office issue.
Mr. Gutierrez indicated the Post Office does not want mail going to individual buildings, they prefer mail
go to a central location within a project; the idea is that the mail person comes in, they have their own
dedicated parking space, all mail is placed, and they leave.
Attorney Miskel reiterated they have no problem going to the Post Office in advance and asking.
Chair Rosecrans did not know if they would make that a condition; it is a stacking concern. He noted
there are three Board Conditions of Approval in the minutes.
Motion made by Mr. Litsch, seconded by Mr. Simon, to approve the New Major Site Plan, 22-001, for
Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250
residential units, two 2,150-square-foot retail buildings, a 9,850-square-foot clubhouse, associated site
improvements, and conditions delineated by this Board, 41-43. In a voice vote,the motion failed. (3-4)
Ayes: Litsch, Fischer, Allen
Nays: Simon, Ramiccio, Buoni, Rosecrans
Mr. Rumpf clarified the conditions as follows:
• Condition 41 - right-of-way, leave as natural vegetation, remove exotics and plant additional
natural plants similar to the site.
• Condition 42 - review for additional resident entries into the community, i.e. two-way for access
via the northwest.
• Condition 43 - abandonment revision 410, requesting it versus abandonment approval.
He mentioned mailboxes, which are a recommendation and not a condition.
City Attorney Swartz clarified the mailboxes and natural plants were not included.
Motion made by Mr. Litsch, seconded by Mr. Fischer, to approve the request for Master Site Plan
Modification MPMD 22-001 for Shalimar at Boynton Beach to establish project density and intensity,
maximum building heights, land use distribution, and vehicle pedestrian circulation design. In a roll call
vote,the motion passed with Mr. Ramiccio, Mr. Simon, and Chair Rosecrans in opposition. (4-3)
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Planning and Development Board
Page 16 March 22, 2022
Ayes: Litsch, Fischer, Allen, Buoni
Nays: Ramiccio, Simon, Rosecrans
8. Other—None.
9. Comments by Members
Chair Rosecrans commented there might be a turnover of the Board next month. He requested the City
Engineer explain how the Level of Service is calculated from the County's perspective and how they
approve these projects. He was curious about the City sites designated for preservation and asked if Mr.
Rumpf could provide that information.
Mr. Rumpf indicated staff has been looking deeper into those sites regarding land regulations and
recommendations for those.
Vice Chair Buoni commented that the Board acts more like an Advisory Board and it is up to the
Commission as to whether this project passes.
10. Adjournment
Upon Motion duly made and seconded, the meeting at was adjourned at 8:25 p.m.
[Minutes prepared by C. Guifarro,Prototype, Inc.]
Page 19 of 93
7.7.A.
New Business
4/26/2022
_ CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 4/26/2022
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for Major
Site Plan Modification (MSPM 22-003) to the Publix Distribution Center to allow for the construction of a
±571,558 square foot warehouse building expansion and associated site improvements on a 63.79 acre site,
located at 5500 Park Ridge Boulevard, in the PID (Planned Industrial Development) zoning district.
Applicant: Randolph Barber, Publix Super Markets, Inc.
EXPLANATION OF REQUEST:
The subject 63.79-acre property is located within the Quantum Park Planned Industrial District. In 1989,
Publix Super Markets constructed a ±443,213 square-foot distribution warehouse which continues to operate
to this day. The site has undergone several minor site plan modifications since its construction which include
only minor improvements to the site.
The applicant's request includes two expansions to the existing ±443,213 square foot distribution center; a
large 551,693 square foot expansion which is proposed for storage of dry grocery product, and a smaller
19,500 square foot return center used for processing returns, for a total building floor area of 1,014,406
square feet. The request also includes a 1600 square-foot awning for tractor inspections, a new ingress and
egress point on the east side of the site with a security post, and an expansion of the parking area south of
the building.
Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to
satisfying all comments indicated in Exhibit"C" —Conditions of Approval.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION APPLICATION: N/A
Is this a grant?
Grant Amount:
Page 20 of 93
ATTACHMENTS:
Type Description
D Staff Report Staff Report
D Location I\Aap E)diibit A- Location I\Aap
D Drawings E)diibit E.1 - Civil Plans
D Drawings E)diibit E.2 -Architectural Plans
D Conditions of Approval E)diibit C - Conditions of Approval
Page 21 of 93
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 22-011
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Administrator
FROM: Andrew Meyer, Senior Planner
DATE: April 20, 2022
PROJECT: Publix Distribution (MSPM 22-003)
REQUEST: Approve request for Major Site Plan Modification (MSPM 22-003) to the
Publix Distribution Center to allow for the construction of an additional
±571,558 square foot warehouse building expansion and associated site
improvements on a 63.79-acre site, located at 5500 Park Ridge Boulevard,
in the PID (Planned Industrial Development) zoning district. Applicant:
Randolph Barber, Publix Super Markets, Inc.
PROJECT DESCRIPTION
Property Owner: Publix Super Markets, Inc.
Agent: Merouane EI Kaoussi, Bohler Engineering FL LLC
Location: Northwest corner of the intersection of High Ridge Road and Park Ridge
Boulevard (Refer to Exhibit "A": Location Map)
Future Land Use: Development of Regional Impact (DRI)
Zoning: PID Planned Industrial Development
Acreage: 63.79 acres
Adjacent Uses: North:
Developed office, warehouse, low rise-apartments, drainage pond, and
undeveloped sand pine preserve; classified Development of Regional
Impact (DRI) and zoned PID Planned Industrial Development;
South:
Right-of-way of Park Ridge Boulevard, then office, warehouse, storage,
distribution, and nursing home, classified Development of Regional Impact
(DRI) and zoned PID Planned Industrial Development;
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Publix Distribution Center—5500 Park Ridge Blvd
MSPM 22-003
East:
Right-of-way of High Ridge Rd., then office and warehouse, classified
Development of Regional Impact (DRI) and zoned PID Planned Industrial
Development; and
West:
School and drainage pond, classified Development of Regional Impact
(DRI) and zoned PID Planned Industrial Development.
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 63.79-acre property is located within the Quantum Park
Planned Industrial District. In 1989, Publix Super Markets constructed a
±443,213 square foot distribution warehouse which continues to operate to
this day. The site has undergone several minor site plan modifications
since its construction which include only minor improvements to the site.
The applicant's request includes two expansions to the existing ±443,213
square foot distribution center; a large 551,693-square foot expansion
which is proposed for storage of dry grocery product, and a smaller 19,500
square foot return center intended for processing returns, for a total building
floor area of 1,014,406 square feet. The request also includes a 1600
square foot awning for tractor inspections, a new ingress and egress point
on the east side of the site with a security post, and an expansion of the
parking area south of the building.
ANALYSIS
Traffic: The applicant has provided a letter from a traffic engineer stating that the
project is located within the Quantum Park DRI, a previously approved
project which accounts for the traffic associated with the intensities and
land uses under the current request. Therefore, the proposed land uses
and intensities are within the limits of the original approval of the Quantum
Park DRI, and is not subject to Palm Beach County's Traffic Performance
Standards under Article 12. A traffic study was performed and it indicates
that the project would generate 92 AM Peak Hour trips and 103 PM Peak
Hour trips, with a daily total of 943 trips.
School: School concurrency is not required for non-residential projects.
Utilities: The City's water capacity, as increased from the purchase of up to 5 million
gallons of potable water per day from the County, would meet the project's
potable water demand. Sufficient sanitary sewer and wastewater treatment
capacity is also currently available to serve the project.
2
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Publix Distribution Center—5500 Park Ridge Blvd
MSPM 22-003
Police/Fire: The Police and Fire Departments have reviewed the site plan and all review
comments have been satisfactorily addressed by the applicant. Further
plan review by Police and Fire will occur during the building permit process.
Drainage: Drainage information and plans were provided for the City's review. The
Engineering Division has found the information and plans to be adequate.
Further review of drainage plans will occur at time of permit review (see
Exhibit C —Conditions of Approval).
Environmental: The applicant conducted an environmental analysis of the site, including
wetlands and species. The analysis found evidence of the presence of
gopher tortoise at the site. The gopher tortoise species is protected by the
State of Florida, therefore the required relocation permits will be obtained
during the permitting process prior to disturbance/commencement of
construction.
Access: The site currently has one point of ingress/egress located at the southwest
area of the site which provides access for employees and tractors arriving
at the site. A security post and gate are present immediately after entering
the site. The current access does not allow for adequate stacking of
tractors entering the site. The site plan (Sheet SP-1) proposes a point of
ingress/egress on the east side of the site that will exist alongside the
existing point of ingress/egress. The proposed ingress only allows for entry
from southbound High Ridge Road, and after entering the site, expands to
three parallel lanes to allow for adequate truck stacking before arriving at a
new security post. After checking in with security, vehicles will then
proceed either to the left or right to an empty parking space or loading bay.
Once leaving, vehicles will circulate through the two-way parking lot to
either the proposed egress or the existing egress, exiting the site.
The project proposes pedestrian connections between the existing
developed portion of the site and the new portion of the site. In addition,
crosswalks are being provided across high traffic areas of the internal
circulation.
Parking: The site plan (Sheet C-300) proposes additions totaling 571,558 square
feet of warehouse space, which would require 715 parking spaces, based
upon the standard of one (1) parking space per 800 square feet of single-
tenant warehouse/distribution use.
The original development was subject to a parking requirement of one and
one-half (1'/2) parking spaces per each two (2) employees on a maximum
shift. A maximum shift for the original warehouse was calculated at 85
employees, therefore the parking requirement was calculated at 64 parking
spaces. Since the original development is not being modified as part of the
expansion, this parking requirement is vested for that portion for parking
calculation purposes.
The 64 parking spaces required for the existing warehouse, combined with
715 parking spaces required for the expansion totals 779 parking spaces.
The original site plan provided a total of 420 parking spaces. Modifications
3
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Publix Distribution Center—5500 Park Ridge Blvd
MSPM 22-003
to the site plan include the removal of 50 existing parking spaces, and the
addition of 412 new parking spaces, for a net increase of 362 parking
spaces. The total number of parking spaces proposed at the site after
completion will be 782 parking spaces, or a surplus of 3 parking spaces
above the requirement of 779 parking spaces.
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.
Landscaping: The Overall Landscape Plan (Sheet C-705) indicates that the project would
add 174 canopy trees, 88 palms, 115 understory trees, and 11,644 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 canopy tree species
would include the following: Gumbo Limbo, Pigeon Palm, Buttonwood,
Wild Tamarind, Slash Pine, West Indian Mahogany, Bald Cypress. Palm
species would include Royal Palm and Cabbage Palmetto.
The project proposes a 25-foot wide landscape buffer on the north property
line paralleling the scope of the proposed warehouse expansion. The city's
landscape regulations require a 6' high masonry wall within the landscape
buffer. The applicant has provided a 6' high masonry wall within the
landscape buffer parallel to the portion of the property line which borders
the privately-owned preserve area to the north. To the west of the
privately- owned preserve is a city-owned drainage parcel. In lieu of
providing the wall within the landscape buffer along this portion, the
applicant has requested a landscape easement from the city within the
drainage property. Staff finds the request to be suitable as the drainage
property will remain under the city's ownership and the presence of a buffer
wall would be impractical in this location. Should the city ultimately not
grant the landscape easement, the project will then be required to provide
the 6' masonry wall. As such, the project has been conditioned to require
the acquisition of the landscape easement from the city or provide a 6'
masonry wall in lieu.
The landscape plan also proposes additional landscaping within the
existing landscape screens as well as additional landscaping within the
parking lot area beyond code requirements to increase visual screening of
the facility as seen from High Ridge Road and Park Ridge Boulevard.
Furthermore, a berm is present along the south and east edges of the site
to provide additional screening. The landscaping as proposed and
conditioned meets the intent of the Land Development Regulations.
Building and Site: The proposal includes a main building expansion largely consisting of a
single-story warehouse floor and a relatively small mezzanine level
adjacent to the existing building. The building expansion will have loading
docks on both the north and south sides of the building, and circulation
around the expansion will connect with existing drive aisles to the north and
south of the existing building. A security post building is also proposed in
4
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Publix Distribution Center—5500 Park Ridge Blvd
MSPM 22-003
coordination with the new eastern main entrance proposed as part of the
proposal. In addition, a 19,500 square foot return center is proposed as a
secondary addition to the main building on the west side of the existing
building. A 1,600 square foot tractor awning is built on the south side of
the existing maintenance building on the west end of the site.
Building Height: The maximum building height allowed in the Planned Industrial
Development (PID)zoning district is 45 feet. The proposed building height
diagrams (SK-021) depict the typical flat roof deck height of 45 feet as
measured from the lowest elevation at the property line adjacent to the
scope of work. The City's Land Development Regulations allow parapet
walls less than 5 feet in height to extend above the maximum building
height. A parapet wall extends 3' 6%" above the roof deck line, reaching a
maximum height of 48' 6W. The building height as proposed meets the
intent of the Land Development Regulations.
Setbacks: The Planned Industrial Development (PID) zoning district requires thirty
(30) foot building setbacks from all property lines, including the front, rear,
and interior and corner side yards, and does not have build-to
requirements. All buildings are located well outside of the building setback
requirements; along High Ridge Road (east property line), the proposed
security post building would be setback 125 feet from the property line. The
main building expansion is setback 391 feet from Park Ridge Boulevard
(south property line), and 60 feet from the north property line, in compliance
with code requirements. The proposed tractor awning is set back
approximately 134 feet from the west property line.
Amenities: The landscape plan includes 18 benches located throughout the site, as
well as covered and uncovered bicycle parking. The building also contains
a locker room for employee use.
Design: The proposed building has been designed to match the existing building's
appearance. The proposed building expansion features concrete panels
painted to match the existing building color, louvers installed along the
north and south walls, horizontal banding along the facade, and canopies
at the truck docks and offices. The building has a flat roof and is concealed
with a parapet wall.
Sustainability: According to the City's Sustainability Development Standards, new non-
residential developments consisting of a size greater than one(1)acre shall
achieve at least twenty (25) 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 surpass the required 25 points by incorporating
the following options:
5
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Page 6
Publix Distribution Center—5500 Park Ridge Blvd
MSPM 22-003
PROPOSED SUSTAINABLE DEVELOPMENT OPTIONS
Energy Points
The use of any combination of the following
strategies for 25% of the non-roof impervious site
(including road, parking lots, driveways, sidewalks
and courtyards).
• Provision of shade within parking/pedestrian
Heat Island areas from open structures, such as pergolas, 2
Reduction covered walks, parking lot sunshades, etc., with a
Solar Reflective Index (SRI)of 29, as demonstrated
by the manufacturer or the architect or engineer of
record.
• Use of only paving materials with a Solar
Reflectance Index (SRI)of 29, as demonstrated by
the manufacturer or the architect or engineer of
record.
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.
Where provisions of shade structures are not
Shade required per code: Structures such as awnings,
Structures for screens, louvers, or other architectural devices shall 6
Buildings cover a minimum of 75% of glazed openings.
Provide energy efficient lighting such as LED lighting
Lighting for building interiors for 100%of proposed lighting. 1
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 25%. 2
Other
"The Boynton Return Center recycles waste products
Other created from the warehouse operations while also
functioning as a recycling hub for products from area
Publix stores. Products recycled at this center 6
6
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Publix Distribution Center—5500 Park Ridge Blvd
MSPM 22-003
include, but are not limited to:cardboard, paper and
clear plastic bags. The center currently bales over
115,000 pounds of material to be recycled each
month. The projected volume recycled after the
expansion is 250,000 pounds per month.
This function is provided as a means of keeping the
waste products from going to the landfill and
provides organization of these materials.
The expansion of the existing return center will
support the warehouse expansion in addition to
future store growth."
Total Points 27
Lighting: The photometric plans (Sheet E -102) include freestanding pole light
fixtures of 30 feet in height within the vehicular circulation area. The height
is consistent with guidelines and requirements of the code, and do not
exceed the proposed height of the structure. The proposed LED light
fixture has a flat lens and cut-off features to inhibit any light
spillage/trespass. After meeting minor conditions on illumination levels
(see Exhibit "C" — Conditions of Approval), the Photometric Plan would be
designed to prevent glare or spillage onto abutting properties in compliance
with the City's lighting ordinance.
Signage: Due to the nature of the site's use, signage at the site will be minimal. A
new monument sign is proposed as part of the new east ingress and its
location has been indicated on the site plan. (see Exhibit "B" — Plans).
Signage will be reviewed for compliance with the Land Development
Regulations at time of permitting.
Public Art: The project is subject to the Art in Public Places requirement. The applicant
has coordinated with the Public Arts Administrator and has elected to pay
a Public Art fee in lieu of placing public art within the project. According to
the proposed construction estimate, the project would have an art fee of
approximately $504,000.
RECOMMENDATION
Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL,
subject to 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.
\\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Lot 55 Publix Distribution\MSPM 22-003\Staff Report\MSPM
22-003 Publix Distribution Staff Report.docx
7
Page 28 of 93
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EXHIBIT "C"
Conditions of Approval
Project Name: Publix Distribution Center— 5500 Park Ridge Boulevard
File number: MSPM 22-003
Reference: 2nd review of plans identified as a Manor Site Plan Modification with a March 3, 2022
Planning and Zoning Department date stamp marking.
IN
ENGINEERING / PUBLIC WORKS/ UTILITIES
Comments:
1 A detailed review of Engineering standard and regulations will take place
once a Land Development Permit is submitted to the Division. 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 Part 111, Chapter 4, Article V.
6 All private and/or public streets must meet Part 111, 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 remain on until one hour after
closing or 2:00 a.m. whichever is later per (Part 111, 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 At time of permitting, provide a complete erosion control plan including the
standard erosion control requirements (e.g. Silt Fence, Inlet protection,
construction entrance, etc.).
11 At time of Land Development Permitting, an FDEP Environmental Resource
Permit ERP will be required.
12 At time of permitting, provide a pavement and marking plan that shows the
entrance, exit, and the median opening on High Ridge Rd, including
dimensions of the median opening, and the reconfiguration of the south
median after the removal of the left turn.
ART IN PUBLIC PLACES
Comments:
1 At time of permit, 30% of art fees shall be paid as per Article 11, Section 27-
25.
Page 59 of 93
Publix Distribution Center (MSPM 22-003)
Conditions of Approval
Page 2 of 2
2 At time of certificate of occupancy, 70% of art fees shall be paid as per
Article II, Section 27-25.
3 If art fees are not paid as per Article II, Section 27-25, the applicant shall
enter into a Minor Site Plan Modification to identify the location of the art
which meets the requirements of the Art in Public Places program.
FIRE
Comments: None. All previous comments acknowledged at DART meeting.
POLICE
Comments: None. All previous comments acknowledged at DART meeting.
BUILDING
Comments:
1 At time of permit, provide the location of parking and access aisles on the
site plan.
PLANNING &ZONING
Comments:
1 At time of permit, provide evidence of a recorded Unity of Title for the three
parcels associated with this site plan.
2 Revise plans to extend the proposed six-foot masonry wall and hedge along
the entire north property line parallel to where site work is proposed.
Alternatively, obtain a landscape easement for the full length of the adjacent
City property.
3 Provide line-of-sight diagrams which illustrate that the proposed rooftop
equipment is screened at a distance of 600 feet.
4 Revise the site plan to indicate the location of the proposed covered bicycle
parkin .
5 Revise the landscape plan to locate a signature tree at the east ingress
flanking both sides of the ingress closest to the right-of-way.
6 All exterior downspouts must be enclosed within the building fa ade.
7 Revise the landscape plan to propose all trees as having a minimum of 4
caliper inches at time of planting.
8 Provide a table on the site plan listing the required (Table 2-1) and point-
based sustainable features (Table 3-1) being provided and provide a
supplemental narrative on how these features are being met.
9 Revise the photometric plan to ensure all lighting level measurements are
0.5 footcandles or greater.
10 Include lighting spill levels at the property line which do not exceed 0.3
footcandles.
11 Revise the landscape plan to provide the number of trees being used to
meet the tree canopy sustainability requirement.
12 Update detail 9 on sheet C-712 to match the conditions proposed on the
landscape plan showing both hedges.
13 Revise the landscape plan to show the location of freestanding light poles.
14 Revise sheet C-300 to include the benches as provided on A-101.
15 Submit a traffic statement from Palm Beach County.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSIONCONDITIONS
Comments: To be determined.
\\Fps\mai n\S H RDATA\Plan n i ng\S HARE D\W P\PROJ ECTS\Quantu m Lot 55 Publix Distribution\MSPM 22-003\Staff Report\Exhibit C-MSPM 22-003-COA.doc
Page 60 of 93
7.7.B.
New Business
4/26/2022
_ CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 4/26/2022
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve amendments to the
Land Development Regulations, Chapter 3, Article 111. Zoning Districts and Overlay Zones; Chapter 3,
Article IV, Section 5. Nonconforming Uses; and Chapter 4, Article IX, Section 6. Historic Preservation
Requirements to promote, incentivize and facilitate the preservation of historically-designated properties in the
City.
EXPLANATION OF REQUEST:
The subject amendments are being proposed to promote the City's Historic Preservation Program. The
proposed amendments pertain to proposed property improvements, non-conforming characteristics of historic
properties, and potential internal conflict between initiatives within redevelopment plans and preservation
objectives. The proposed amendments are being proposed by the City's Historic Resources Preservation
Board (NRPB) in response to, in part, the magnitude of previous demolitions of historic houses, recent
inquiries regarding desired modifications to historic structures, and the possible conflict between
redevelopment plan design standards and preservation initiatives.
The proposed amendments can be viewed in their entirety as attachments to this item and are briefly
described as follows:
1. Exemptions from or reductions in Zoning Standards—The intended standards have been placed
in a "Modified Building Standards" table within the Preservation chapter, to match the existing format
of the Zoning Regulations. Many of the historic homes in the City are relatively small, and located on
proportionally small lots with minimum space to expand. Further, many of the older homes are now
non-conforming to current day lot standards such as setbacks and maximum lot coverage.Although
the original preservation program was written with a provision that supports zoning variances if
needed, the proposed amendments would eliminate the uncertainty, cost and time associated with
the variance process, as well as the challenge of proving hardship by both the applicant and
staff. The exemptions or reduced standards would apply to minimum lot size, minimum frontage,
minimum living area, minimum setbacks, and maximum lot coverage.Appropriate cross-references
will be added to the corresponding Building and Site Regulation tables in the Zoning Regulations.
2. Addressing conflict with redevelopment plan initiatives—The design standards written for the mixed-use
districts that implement the Community Redevelopment Plan require an assembly of an entire block frontage
to provide continuity in the ultimate streetscape and "street wall". The subject amendments would allow for an
exception when interrupted by a designated historic site. The proposed amendment is intended to prevent
blockage of the redevelopment project or pressure being applied to encourage the sale of the historic site.
3. Exceptions for non-conforming uses—There exists within the City historic duplex and multi-family
residential buildings that are located within single-family or commercial zoning districts, and therefore, may be
construed as"non-conforming uses" by Zoning Regulations. The proposed amendment would exempt
designated sites from the Nonconforming Use regulations of the Code thereby allowing maintenance and site
improvements without the restrictions that accompany a non-conforming use.
Page 61 of 93
4. Review of demolition requests—The current preservation program requires specific and rather
significant actions to be taken by property owners, staff and the HRPB in response to applications to
demolish historically-designated properties. Such actions are intended to review the potential loss of
historic sites for proper justifications, to review what is planned to replace the historic structure, to
possibly require salvaging of specific features, and, at minimum, to create a record of the historic
asset. The proposed amendments would allow the establishment of a list of properties that would
represent the most worthy of preservation according to the review criteria in the Program, which
would treated similarly to a designated property. The selection process would involve a visual survey
of current condition of the properties, including updating the list by identifying, and excluding, those
properties that no longer exist. The Board would also include this list for frequent communications to
educate property owners about the preservation program, including the financial benefits, and
importance of property maintenance. The benefits of this priority property list also supports other
preservation program initiatives such as public outreach, inventory updating and for historic district
consideration.
Staff supports the proposed amendments to promote implementation of the City's Historic
Preservation Program. In addition to the justifications stated herein, it should also be noted that
some of the amendments are needed immediately to address current matters involving home
expansion plans, anticipated demolition applications, and non-conforming historic properties.
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 Staff Report Staff Report
D Attachment Historic Preservation Program-Proposed
Amendments
D Attachment Zoning Regulations- Proposed Amendments
Page 62 of 93
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION MEMORANDUM
STAFF REPORT
TO: Chair and Members
Planning and Development Board
FROM: Michael Rumpf
Planning and Zoning Administrator
DATE: April 19, 2022
REQUEST: Approve amendments to the Land Development Regulations,
Chapter 3, Article 111. Zoning Districts and Overlay Zones; Chapter
3, Article IV, Section 5. Nonconforming Uses, and Chapter 4,
Article IX, Section 6. Historic Preservation Requirements to
promote, incentivize and facilidate the preservation of historically-
designated properties in the City.
BACKGROUND and PROPOSED AMENDMENTS
The subject amendments are being proposed to promote the City's Historic
Preservation Program. The proposed amendments pertain to proposed property
improvements, non-conforming characteristics of historic properties, and potential
internal conflict between initiatives within redevelopment plans and preservation
objectives. The proposed amendments are being proposed by the City's Historic
Resources Preservation Board (NRPB) in response to, in part, the magnitude of
previous demolitions of historic houses, recent inquiries regarding desired modifications
to historic structures, and the possible conflict between redevelopment plan design
standards and preservation initiatives.
The proposed amendments can be viewed in their entirety in the corresponding exhibits
and are briefly described as follows:
1) Exemptions from or reductions in Zoning Standards — The intended standards
have been placed in a "Modified Building Standards" table within the
Preservation chapter, to match the existing format of the Zoning Regulations.
Many of the historic homes in the City are relatively small, and located on
proportionally small lots with minimum space to expand. Further, many of the
older homes are now non-conforming to current day lot standards such as
setbacks and maximum lot coverage. Although the original preservation program
was written with a provision that supports zoning variances if needed, the
proposed amendments would eliminate the uncertainty, cost and time associated
with the variance process, as well as the challenge of proving hardship by both
Page 63 of 93
Page 2
Amendments to LDRs Promoting Historic Preservation
the applicant and staff.
The exemptions would only apply to properties that are listed on the Local
Registry of Historic Sites, and are proposed to be established as "Modified
Development Standards" within the Historic Preservation Requirements section
of the LDR, consistent with the current structure of the Zoning Regulations. The
exemptions or reduced standards would apply to minimum lot size, minimum
frontage, minimum living area, minimum setbacks, and maximum lot coverage.
Appropriate cross-references will be added to the corresponding Building and
Site Regulation tables in the Zoning Regulations.
2) Addressing conflict with redevelopment plan initiatives — The design standards
written for the mixed-use districts that implement the Community Redevelopment
Plan require an assembly of an entire block frontage to provide continuity in the
ultimate streetscape and "street wall'. The subject amendments would allow for
an exception when interrupted by a designated historic site. The proposed
amendment is intended to prevent blockage of the redevelopment project or
pressure being applied to encourage the sale of the historic site, and includes
design requirements to maximize compatibility with the historic site and continuity
of the streetscape. The whole-block assembly requirement applies to the MU-2,
MU-3, MU-4 and MU Core districts. It does not apply to MU-1.
3) Exceptions for non-conforming uses — There exists within the City historic duplex
and multi-family residential buildings that are located within single-family or
commercial zoning districts, and therefore, may be construed as "non-conforming
uses" by Zoning Regulations. The proposed amendment would exempt
designated sites from the Nonconforming Use regulations of the Code.
Otherwise, such regulations could place a limit on the value of annual
maintenance improvements needed on the property, or prevent any expansions
or improvements to the historic site.
4) Review of demolition requests —The current preservation program requires
specific and rather significant actions to be taken by property owners, staff and
the HRPB in response to applications to demolish historically-designated
properties. Such actions are intended to review the potential loss of historic sites
for proper justifications, to review what is planned to replace the historic
structure, and, at minimum, to preserve a record of the historic asset. Processes
include the formal petition to remove the property from the local register, and the
filing of an Application for Certificate of Appropriateness (COA) to review the
construction planned for the subject property. If approved, this process also
requires that the property owner fully record the building prior to demolition, with
an architectural description, floor plan with interior and exterior dimensions,
interior and exterior photographs, and any other information requested by the
Board.
The proposed amendments would require this protocol to also be followed if the
2
Page 64 of 93
Page 3
Amendments to LDRs Promoting Historic Preservation
demolition would involve a property identified on a list of priority preservation
properties. This list would be established by the Board, and essentially include
approximately 10 properties most worthy of preservation as documented in the
City's 1996 Historic Site Survey and recommended as being eligible for local
designation. The selection process would involve a visual survey of current
condition of the properties, including updating the list by identifying, and
excluding, those properties that no longer exist. The Board would also include
this list for frequent communications to educate property owners about the
preservation program, including the financial benefits, and importance of property
maintenance. The benefits of this priority property list also supports other
preservation program initiatives such as public outreach, inventory updating and
for historic district consideration.
Lastly, included in the proposed amendments to this section of the LDRs is the
addition of criteria intended to facilitate the quick review of the property targeted
for demolition for exemption from the COA process if not warranted when
reviewed against the designation criteria, including current physical (i.e.
deteriorated or altered) condition. This is intended to save the property owner
time and expense when such evaluation and processes are not warranted by the
intent of the Historic Preservation Program.
BACKGROUND and PROPOSED AMENDMENTS
Staff supports the proposed amendments to promote implementation of the City's
Historic Preservation Program. In addition to the justifications stated herein, it should
also be noted that some of the amendments are needed immediately to address
current matters involving home expansion plans, anticipated demolition applications,
and non-conforming historic properties.
Also, the proposed amendments may be the first group of amendments to be
proposed by the NRPB, and could be followed by a second group that could involve
the promotion of accessory dwelling unit provisions, and provisions to allow adaptive
reuse of designated properties along selected roadway corridors.
Attachments
3
Page 65 of 93
HISTORIC PRESERVATION - EXCERPTS FROM LDR
Ch. 4, Art. IX, Sec. 6. Historic Preservation Requirements.
A. General.
1. Purpose and Intent. These provisions are designed to identify, protect, restore
and encourage the reuse of Resources, all of which are essential to the City's health,
safety, morals and its economical, educational, cultural, and general welfare. These
valid public purposes shall be fulfilled by the ordinance, to achieve the following goals:
a. Preserve, protect, enhance and perpetuate Resources which represent
distinctive and significant elements of the City's historical cultural, social, economical,
political, archaeological, and architectural identity; and/or serve as visible reminders of
the City's culture and heritage;
b. Ensure the harmonious, orderly, and efficient growth, prosperity and
development of the City through retention and reuse of its historic and cultural
Resources;
c. Strengthen civic pride and cultural stability through neighborhood
conservation;
d. Contribute to the stabilization of the economy of the city through the continued
use, preservation, conservation and revitalization of its Resources;
e. Protect and enhance the city's historic, cultural and architectural attractions to
tourists and visitors and the support and stimulus to business and industry thereby
provided;
f. Promote the use of Resources for the education, pleasure, and welfare of the
people of the City;
g. Provide a review process for the continued preservation and appropriate,
compatible and sensitive development of new construction and additions with in the
city's historic districts and neighborhoods;
h. Protect and enhance the scale, character and stability of existing
neighborhoods, and protect against destruction of or encroachment upon areas which
contribute to the character of the City;
i. Facilitate the creation of a convenient, harmonious and attractive community,
and protect the architectural beauty, special architectural features, and special
landscape features of the City;
j. Avoid demolition, or other adverse effect on historic properties (Properties) and
Districts, which would cause an irreparable loss to the City;
k. Assist neighborhoods to achieve a positive neighborhood identity and sense of
place.
In addition, these provisions are designed to implement, be consistent with, and
assist in the achievement of the goals, objectives and policies, as specifically required
by the City's Comprehensive Plan, with respect to historic, conservation, and
neighborhood Resources.
2. Terms and Definitions. See Cha ter , Article 11 for all applicable terms and
definitions which pertain to the historic preservation regulations and standards
contained herein.
3. Certified Local Government Review. The City Commission is a Certified Local
Government (CLG) approved by the Florida Department of State, Division of Historical
Resources. The City Commission as a CLG is required to participate in the Florida
National Register of Historic Places nomination process, be involved in the Section 106
process, and is eligible to receive grants from the Certified Local Government Section of
the Florida Department of State, Historical Resources Grants-In-Aid program.
4. Unsafe Buildings and Structures. Should the Building Official determine that a
Historic Property (either designated or eligible f^r ^^nSidGFati„n f„r 196al rdesigRatigRon
the list of "potentially significant" sites) or a Property within a Historic District is unsafe,
the Planning and Zoning staff and Historic Resources Preservation Board shall be
notified of such findings. Within applicable laws and regulation, the Building Official shall
endeavor to have the Resource repaired rather than demolished and shall take into
account any comments and recommendation by the Board. The Board may take
appropriate actions to Effect and accomplish the preservation of the Resource,
including, but not limited to, negotiations with the owner and other Interested Parties,
provided that such actions do not interfere with the Florida Building Codes.
In the case where the Building Official determines that there are emergency
conditions dangerous to the life, health or property on a designated or inventoried site or
Property within a Historic District, and timely Demolition is the only course of action, the
Building Official may order the Demolition and notify the Planning and Zoning Division of
the impending action. In this instance, a Certificate of Appropriateness will not be
required and the Historic Resources Preservation Board will promptly be notified of the
action being taken.
5. Waiver of Technical Requirements. The provisions of the technical codes
relating to the construction, alteration, repair, enlargement, restoration or moving of
Buildings may not be mandatory for those Resources listed in the Boynton Beach
Register of Historic Places and the National Register of Historic Places, when evaluated
by a Florida registered architect or engineer and demonstrated to the Building Official to
be safe and in the public interest of health, safety and welfare.
Resources or portions thereof that do not strictly comply with the Florida Building
Code may be considered to be in compliance, if it can be shown to the satisfaction of
the Building Official that equivalent protection has been provided or that no hazard will
be created or continued through noncompliance. (Life safety and property conservation
shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007
Florida Building Code, or as subsequently amended).
Alterations to Resources listed in the Boynton Beach Register of Historic Places and
the National Register of Historic Places may receive exemption from accessibility
requirements. (Pursuant to Chapter 11 , Section 11-4.1.7 of the 2007 Florida Building
Code, or as subsequently amended, the Building Official may determine that
compliance for accessible routes (exterior and interior), ramps, entrances, or toilets
would threaten or destroy the historic significance of the Building, in which case the
alternative requirements in Chapter 11, Section 11-4.1.7(3) may be utilized).
6. Modified Development Standards for Registered Historic Structures. Locally
registered historic structures may use the development standards within this section.
These provisions apply to single-family, two-family, or multi-family structures within
single-family zoning districts, and residential or commercial uses within non-residential
zoning districts, including improvements to said structures and properties that are
approved through the Certificate of Appropriateness process. Proposed improvements
to said structures and properties shall be reviewed according to the following
requirements:
Modified Residential Building and Site Development Standards- Historic Sites
Lot Area per unit, Minimum square feet): N/A
Lot Frontage, Minimum (feet): N/A
Living Area, Minimum A/C square feet): N/A
Lot Coverage, Maximum 10% increase over the maximum allowed
within the zoning district.
Note: If applicable per City procedures,
site improvements are subject to review
for compliance with City drainage
requirements.
Building Setbacks Existing non-conforming setbacks shall
not preclude attached or detached
building additions or expansions;
however, non-conforming setbacks shall
not be worsened. Additional restrictions
may apply to 2nd floor improvements to
minimize impacts upon abutting
properties. a
Modified Non-Residential Building and Site Development Standards — Historic Sites
Project Area, Minimum (acres): N/A
Lot Area, Minimum (square feet): N/A
Lot Frontage, Minimum: N/A
Lot Depth, Minimum: N/A
Lot Coverage, Maximum 10% increase over the maximum allowed
within the zoning district.
Note: If applicable per City procedures,
site improvements are subject to review
for compliance with City drainage
requirements.
Building Setbacks, Minimum (feet): Existing non-conforming setbacks shall
not preclude attached or detached
building additions or expansions;
however, non-conforming setbacks shall
not be worsened. Additional restrictions
may apply to 2nd floor improvements to
minimize impacts upon abutting
properties.
7. Administrative and Board Approval of Zoning Code Variances. Alterations to
Resources listed in the Boynton Beach Register of Historic Places and the National
Register of Historic Places may receive variances to zoning code regulations, if such
regulations would adversely impact or threaten the historic significance of the Resource,
or have the result of discouraging the designation and/or preservation of historic sites.
The responsibility for review and approval of an application for a variance in association
for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton
Beach Register of Historic Places and the National Register of Historic Places will rest
with staff, unless the corresponding Certificate of Appropriateness requires Historic
Resources Preservation Board (NRPB) action, in which case the HRPB will have review
and approval responsibility. Such requests for variance shall be made on a separate
application, approved by the Board. Said application fee and other applicable charges
shall be established by resolution adopted by the City Commission.
8. Sustainable Building Practices. The application of sustainable, energy efficient
and green building practices to improvements associated with historic properties is
encouraged whenever they are compatible with best historic preservation practices.
Whenever possible, equipment such as solar panels, wind generation devices,
mechanical equipment etc., should not be affixed to the building, but sited in the rear or
side yard locations and fully screened with landscaping, fence or wall. When placement
upon the building is unavoidable, such equipment as well as skylights, shall be located
on a non-character defining elevation or roof slope that is not visible from the street. In
no instance, shall the equipment be allowed to be placed upon any character defining
feature. Expedited review shall be afforded to those applicants who propose the
placement of such equipment on other than the building facades or roof.
B. Designation of Historic Properties and Districts.
1. Guidelines for Historic Designation. To qualify as a Property or a District,
individual properties must have significance in American history, architecture,
archeology, engineering or culture and possess integrity of location, design, setting,
materials, workmanship, feeling, and association. For Districts, eligibility is based on the
establishment of historic contexts or themes which describe the historical relationship of
the Properties within the district. Individual Buildings shall normally be at least 50 years
old and, in the case of a District at least 50% of the Buildings shall normally be at least
fifty years old. Buildings shall also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the broad
patterns of the City's history; or
b. Association with the lives of persons significant in the City's past; or
c. Embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possesses high artistic values, or
represents a significant and distinguishable entity whose components may lack
individual distinction;
d. Has yielded, or may be likely to yield, information important in prehistory or
history; or
e. Is listed in the National Register of Historic Places.
2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical
figures, properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, reconstructed historic
buildings, properties primarily commemorative in nature, and properties that have
achieved significance within the past 50 years shall not be considered eligible for the
Boynton Beach Register of Historic Places. However, such properties will qualify if they
are integral parts of districts that do meet the criteria or if they fall within the following
categories:
a. A religious property deriving primary significance from architectural or artistic
distinction or historical importance; or
b. A building or structure removed from its original location but which is primarily
significant for architectural value, or which is the surviving structure most importantly
associated with a historic person or event; or
c. A birthplace or grave of a historical figure of outstanding importance if there is
no appropriate site or building associated with his or her productive life; or
d. A cemetery that derives its primary importance from graves of persons of
transcendent importance, from age, from distinctive design features, or from association
with historic events; or
e. A reconstructed building when accurately executed in a suitable environment
and presented in a dignified manner as part of a restoration master plan, and when no
other building or structure with the same association has survived; or
f. A property primarily commemorative in intent if design, age, tradition, or
symbolic value has invested it with its own exceptional significance; or
g. A property achieving significance within the past 50 years if it is of exceptional
importance.
3. Procedures. See Cha ter 2 Article II Section 3.
4. Removal of Designation. A designation may be removed by the City
Commission based upon the Board's recommendation. Such recommendation shall be
based upon new and compelling evidence and evaluation of work or natural cause
producing an adverse effect to a Property or District. The same guidelines and the same
procedures established for designation shall be considered for a removal of designation.
5. Designation of County, State or Other Political Subdivision Properties. County,
state or political subdivision entity-owned Properties may be designated as a Property
or District if such designation is not prohibited or preempted by law, or otherwise
provided for in the Intergovernmental Coordination Element of the Comprehensive
Plan. In the absence of prohibition, preemption, or other agreement, such other
government may only avoid designation of its Property by bearing the burden of proof
that public interests, on balance, are best served by avoiding such designation. Such
determination shall be established by the process as set forth in this ordinance. Once
designated, unless reversed upon appeal, such designated Property or District shall
comply with and be regulated by all regulations contained in this ordinance.
6. Maintenance and Repair of Designated Properties; Demolition by Neglect
Prohibited.
a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to
prevent the ordinary maintenance or repair of any exterior elements of any building or
structure that does not involve a change of design, appearance or material, and which
does not require a building permit.
b. Affirmative Maintenance Required. The owner of a property designated
pursuant to this chapter either individually or as part of a district or zone shall comply
with all applicable codes, laws and regulations governing the maintenance of property. It
is the intent of this section to preserve from deliberate or inadvertent neglect the exterior
features of such properties and the interior portions thereof when maintenance is
necessary to prevent deterioration and decay of the property. All such properties shall
be preserved against decay and deterioration and shall be free from structural defects
though prompt corrections of any of the following defects:
(1) Facades that fall and injure the subject property, adjoining property or
members of the public;
(2) Deteriorated or inadequate foundations, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports;
(3) Members of ceilings, roofs ceiling and roof supports or other structural
members that may rot, sag, split or buckle due to defective material or deterioration;
(4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken, unsecured or missing windows or doors.
(5) Any fault or defect in the property that renders it structurally unsafe,
insufficiently protected from weathering, or not properly watertight.
7. Nominations to the National Register of Historic Places. As part of the duties
under the Certified Local Government program, the Historic Resources Preservation
Board shall receive all nominations of local property to the National Register of Historic
Places following the regulations of the State Historic Preservation Office.
a. Appropriate local officials, owners of record, and applicants shall be given a
minimum of thirty calendar days and not more than seventy-five calendar days prior
notice to Historic Resources Preservation Board meetings in which to comment on or
object to the listing of a property in the National Register.
b. Objections to being listed in the National Register by property owners must be
notarized and filed with the State Historic Preservation Officer. Within thirty (30) days
after its meeting the Board shall forward to the State Historic Preservation Officer its
action on the nomination and the recommendations of the local officials. Appropriate
local officials, the owner and the applicant shall be notified of the board's action.
c. The State Historic Preservation Officer will take further steps on the
nomination in accordance with federal and state regulations. If either the Board or the
local officials or both support the nomination, the State Historic Preservation Officer will
schedule the nomination for consideration by the state review board for the National
Register at its next regular meeting. If both the Board and the local officials recommend
that a property not be nominated to the National Register, the State Historic
Preservation Officer will take no further action on the nomination unless an appeal is
filed with the State Historic Preservation Officer.
8. Designated Historic Sites. The following Historic Sites have been established:
a. National Register.
(1) Boynton Woman's Club, 1010 South Federal Highway, located on Lots 4, 5,
6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof
recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida.
(Published 4/26/1979).
(2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of
Sawyer's Addition, City of Boynton Beach, Florida. (Published 3/7/1994).
C. Certificate of Appropriateness. The Board or staff shall review actions affecting
the exterior of Properties and all Resources, including non-contributing Properties,
within Districts.
1. Secretary of the Interior's Standards for Rehabilitation. In reviewing an
application, the Secretary of the Interior's Standards for Rehabilitation (as may be
amended from time to time) shall be applied. The current version is as follows:
a. A Property shall be used for its historic purpose or be placed in a new use that
requires minimal change to the defining characteristics of the Building and its site an
environment.
b. The historic character of a Property shall be retained and preserved. The
removal of historic materials or alteration of features and spaces that characterize a
Property shall be avoided.
c. Each Property shall be recognized as a physical record of its time, place, and
use. Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be
undertaken.
d. Most Properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved.
e. Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
f. Deteriorated historic features shall be repaired rather than replaced. Where
the severity of deterioration requires replacement of a distinctive feature, the new
feature shall match the old in design, color, texture, and other visual qualities and,
where possible, materials. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
g. Chemical or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of Structures, if appropriate,
shall be undertaken using the gentlest means possible.
h. Significant archaeological resources affected by a project shall be protected
and preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
i. New additions, exterior Alterations, or related new construction shall not
destroy historic materials that characterize the Property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the Property and its environment.
j. New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic Property and its environment would be unimpaired.
2. Additional Criteria. The above Standards for Rehabilitation shall be
supplemented by the following criteria specific to certain types of requests:
a. New Construction and Alterations. All new construction and Alterations to
existing buildings within a designated historic district or on an individually designated
property shall be visually compatible, and meet the following guidelines.
(1) Setting, Orientation and Setbacks. The Building should be situated
approximately the same distance from the street as adjacent Buildings, to create a
continuous street edge. The orientation of the Building should be visually compatible
with that of the buildings in the Historic District. The Setting should be designed with
the overall environment in mind. It should take into account the compatibility of
landscaping, parking, service areas, walkways, and accessory structures.
(2) Building Height. The height of the Building at street level should be visually
compatible in comparison or relation to the height of the existing contributing buildings
in the Historic District.
(3) Design Styles. New Buildings should take their design cues from the
prevailing architectural styles within the Historic District. Traditional or contemporary
design standards and elements should relate to the existing styles.
(4) Proportion of Openings. The openings of any building within a Historic
District should be visually compatible with the openings in existing contributing buildings
within the Historic District. The relationship of the width of windows and doors to the
height of windows and doors should be visually compatible with the existing contributing
buildings within the Historic District.
(5) Rhythm of Solids to Voids. The relationship between solids (walls) and
voids (windows and doors) of a Building should be visually compatible with the
Surrounding Buildings.
(6) Rhythm of Spacing along the Street. The relationship of Buildings to the
open space between them should be compatible with the other Buildings on each side
of the street in that block.
(7) Relationship of Materials and Textures. The materials and textures of a
Building should be chosen with the predominant materials of the Historic District in
mind. Simplicity in such use is preferable.
(8) Roof Shapes. The roof shape of a Building is a major distinguishing
feature. The roof shape of a Building should be compatible with the roof shape of
existing contributing buildings within the Historic District. The roof shape shall be
consistent with the architectural style of the Building.
(9) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass
and volume should be compatible with the existing contributing buildings within the
Historic District without overwhelming them.
b. Additions. All additions to historic structures or structures within a Historic
District shall meet the following guidelines.
(1) Locate an addition to the rear or least visible sides of historic structures.
Locating an addition on the front elevation should be avoided.
(2) Minimize the loss of historic materials from the historic structure and protect
character-defining features.
(3) Design the addition to be compatible in terms of massing, size, scale,
relationship of solids to voids, and architectural features. An addition should be
subordinate to the historic building.
(4) Differentiate the addition from the historic structure.
(5) If permitted, rooftop additions should generally be limited to one story in
height, should be set back from the wall plane and should be as inconspicuous as
possible.
(6) Continue the design elements on all elevations of the new construction, not
only those elevations that can be viewed from the street.
(7) Design and construct the addition so that, if removed in the future, the
essential form and integrity of the historic structure will be unimpaired.
(8) Limit the size and number of openings between the old and new building by
utilizing existing doors or by enlarging existing windows.
c. Demolition. All demolitions involving structures on historic sites, contributing
structures within a Historic District, as well wand structures identified as potentially
significant O„-PFE)PeFties-IiSt OR the HiStGF G c
Site C TVTy shall comply with the
following:
(1) Simultaneous certificates required. No Building or Structure on a Property
or located within a District shall be demolished without first receiving a Certificate of
Appropriateness for new construction. The applications for demolition and new
construction shall be reviewed by the Board simultaneously. The requirement of a
Certificate of Appropriateness for new construction may be waived by the Board upon 1)
a good cause showing that such requirement would be unduly harsh or would result in a
substantial hardship to the Property owner; 2) upon preliminary review the property
would not meet the guidelines for designation per Chapter 4, Article IX, Section 6, was
the GORtFib ting eleMeRtS had been SigRifiGaRtly alteF,rd or 3) the demolition does not
involve a contributing element or structure on the site.
A showing of good cause may include, but is not limited to, evidence that the
Property owner is unable to comply with the requirement for simultaneous new
construction due to advanced age, infirmity, physical or other debilitating handicap, or
financial hardship.
If an application for Certificate of Appropriateness for Demolition is approved,
the owner shall, at his/her expense, fully record the building prior to Demolition. At a
minimum, the owner shall provide an architectural description, floor plan with interior
and exterior dimensions, interior and exterior photographs, and any other information
requested by the Board. Said record shall be deposited in the local archives, where it
will be made available to the public.
Upon approval by the Board of a Certificate of Appropriateness for Demolition,
the demolition permit shall not be issued until all demolition and new construction plans
for the Property have received all other required governmental approvals.
The existence of one or more of the following conditions may be the basis for
denial of a demolition application:
(a) The Resource contributes significantly to the historic character of a
designated Property or District.
(b) The Resource is listed on the National Register.
(c) The Resource is one of the last remaining examples, or is an exceptional
representative of its kind in the neighborhood or City.
(d) The Resource is capable of being repaired and reused in a practical and
feasible manner.
(e) Retention of the Resource would promote the general welfare of the City
by providing an opportunity to study local history, architecture and design, or by
developing an understanding of the importance and value of a particular culture or
heritage.
(f) Granting a Certificate of Appropriateness for the Demolition would result in
an irreparable loss to the City of a significant Resource.
(g) The plans for the simultaneous new construction (if the Demolition is
granted) are not compatible with the Property or District.
(2) Demolition Delay Period. The Board may grant a Certificate of
Appropriateness for Demolition which may contain a delayed effective date. The
effective date will be determined by the Board based on the relative significance of the
Resource and the probable time required to arrange a possible alternative to
demolition. The Board may delay demolition for up to three (3) months. During the
demolition delay period, the Board may take such steps as it deems necessary to
preserve the Resource. Such steps may include, but are not limited to: consultations
with community groups, public agencies and interested citizens; recommendations for
acquisition of the Property by public or private bodies, or agencies; an exploration of the
possibility of moving the Resource.
(3) Salvage and Preservation of Specific Features. For designated sites, the
Board may require the Property owner to salvage and preserve specified classes of
building materials, architectural details, ornaments, fixtures and the like.
(4) Authority to Initiate Designation. If an undesignated property warrants it
and it is otherwise authorized under this ordinance, staff may initiate, or recommend
that the Board initiate, the designation application and review process. Staff may further
request that the Board require that the issuance of a demolition permit be stayed
pending the Board's review of the application and the City Commission's decision to
designate or deny designation of the property. However, the maximum period during
which the issuance of a demolition permit may be stayed pursuant to this paragraph is
one hundred twenty (120) days, unless extended by the City Commission. If for any
reason the designation process is not completed and the demolition application is
approved, the owner shall, at his/her expense, fully record the building prior to
Demolition and attempt to salvage and preserve specified classes of building materials,
architectural details, ornaments, fixtures and the like.
d. Relocation. The existence of one or more of the following conditions may be
the basis for denial of a relocation application:
(1) The historic character or aesthetic interest of the Resource contributes to its
present setting in such a manner that relocation would result in a substantial loss to the
setting or District.
(2) There are no definite plans for the area to be vacated.
(3) There are definite plans for the area to be vacated that may adversely affect
the character of the District.
(4) The Resource cannot be moved without significant damage to its physical
integrity.
(5) The proposed relocation area is not compatible with the historic, cultural,
and architectural character of the Resource.
(6) Little or no effort has been made to consider relocation within the same
District or within another District with compatible historic, aesthetic, cultural, or design
qualities with the relocated Resource.
e. Changes in Approved Work. Any change in the proposed work following the
issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed
change does not materially affect the historic character or the proposed change is in
accordance with the Board's decision, staff may administratively approve the change. If
the proposed change is not in accordance with the Board's decision, a new Certificate of
Appropriateness application for such change must be submitted for review.
D. Historic Preservation Property Tax Exemption Program.
1. General.
a. The granting of tax exemptions to owners who make improvements to Historic
Properties was authorized by an amendment to the Florida Constitution and codified in
Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption
program was established by Palm Beach County in 1995 (Ordinance 95-41), and may
be implemented in the City through an interlocal agreement with the County and a local
Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance
authorizes granting exemptions from increases to ad valorem taxes for qualified
improvements to qualifying properties.
b. Exemptions. Exemptions for Historic Properties are intended for the physical
improvements necessary to Restore or Rehabilitate the Historic Resource, which may
include additions, Alterations and new construction. The improvements must comply
with the Secretary of the Interior's Standards for Rehabilitation.
The City and County will process the application following mutually established
procedures through both the City and County Commissions. This program will provide
an exemption from tax increases on the improvements to the Property for up to a 10
year period. The exemption is conveyed through a covenant that accompanies the
deed of the Property and may be transferred to future owners during the abatement
period.
2. Tax Exemption for Historic Properties.
a. The City Commission hereby creates a tax exemption for the appropriate
restoration, renovation or rehabilitation of qualifying historic properties designated
herein. Qualifying property shall be exempt from that portion of ad valorem taxation
levied by the City on one hundred percent (100%) of the increase in assessed value
resulting from any appropriate renovation, restoration or rehabilitation of the qualifying
property made on or after the effective date of this ordinance.
b. The above exemption does not apply to:
(1) Taxes levied for payment of bonds;
(2) Taxes authorized by a vote of the electors pursuant to section 9(b) or
section 12, Article VII, of the Florida Constitution; or
(3) Personal property.
3. Qualifying Properties and Improvements.
a. The following real property in the City is qualifying property for the purposes of
this subsection if at the time the exemption is approved by the City Commission, the
property:
(1) Is individually listed in the National Register of Historic Places pursuant to
the National Historic Preservation Act of 1966, as amended; or
(2) Is a contributing property to a national register-listed district; or
(3) Is designated as a historic property, or as a contributing property to a
historic district, under the terms of the City's historic preservation ordinance; and
(4) Has been certified by the Board as satisfying subparagraphs (1)(a), (1)(b), or
(1)(c) above.
The exemption does not apply to improvements made to non-contributing
principal buildings or non-contributing accessory structures.
b. For an improvement to a historic property to qualify the property for an
exemption, the improvement must:
(1) Be consistent with the United States Secretary of Interior's Standards for
Rehabilitation, as amended.
(2) Be determined by the Board to meet criteria established in rules adopted by
the Department of State, Division of Historical Resources, FAC 1A-38, as amended,
and
(3) Be consistent with any ordinance of the city designating the property as
historic or designating the historic district in which the property is located.
4. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to
Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad
valorem taxation of up to one hundred percent (100°/x) of the assessed value of the
property as improved, a property is being used for government or nonprofit purposes if
the sole occupant of at least sixty-five percent (65%) of the useable space is an agency
of the federal, state or a local government unit or a nonprofit organization certified by
the Department of State under Chapter 617.013, Florida Statutes. As for being
"regularly and frequently open" for public access, the property shall be open to the
public not less than twelve (12) days per year on an equitably spaced basis, and at
other times by appointment. Nothing herein shall prohibit the owner from charging a
reasonable nondiscriminatory admission fee, comparable to fees charged at similar
facilities in the area.
5. Application for Exemption; Fees. An applicant desiring an ad valorem tax
exemption for proposed improvements to a historic property must file a request
accompanied by its corresponding fee and all documentation required by the application
checklist. The request shall be made on the two-part Historic Preservation Property Tax
Exemption Application, approved by the State of Florida, Division of Historical
Resources and promulgated in accordance with Rule 1A-38, Florida Administrative
Code, and include additional information and documentation of the cost of the qualifying
improvement. Part 1 of the application, the Preconstruction Application shall be
submitted before qualifying improvements are initiated and Part 2, the Final
Application/Request for Review of Completed Work, shall be submitted to the City for
review upon completion of the qualifying improvements. The Final Application/Request
for Review of completed Work shall contain the Historic Preservation Exemption
Covenant as established by the Department of State, Division of Historical Resources
and applicable for the term for which the exemption is granted.
6. Preconstruction Application. The review process shall be initiated with the
submittal of a Preconstruction Application to the City. The Preconstruction Application
shall contain a copy of the application for Certificate of Appropriateness, information on
project cost, and a copy of the most recent tax bill for the subject property from the Palm
Beach County Property Appraiser. Upon the receipt of the Preconstruction Application
by the City, the City shall conduct a review for eligibility in accordance with the
requirements stated herein.
7. Review of Preconstruction Application. A review of the Preconstruction
Application shall be completed by the City in accordance with the established schedule
and process.
a. Once the City determines that the work as proposed is a qualifying
improvement and is in compliance with the review standards contained herein, the City
shall approve the Preconstruction Application and issue a written notice to the applicant
with a copy to the Board.
b. If the City determines that the work as proposed is not a qualifying
improvement or is not in compliance with the review standards contained herein, a
written notice shall be provided to the applicant, including recommendations concerning
the changes to the proposed work necessary to make it a qualifying improvement and
bring it into compliance with the review standards.
8. Appeals to the Historic Resources Preservation Board.
a. Within ten (10) days of receipt of notice that the City has denied a
Preconstruction Application, the applicant may file a written notice of appeal of the
denial to the Board. The appeal shall be processed in accordance with the public
meeting and notification procedures required of the City's quasi-judicial hearing process,
except that public notices need only be mailed to owners of abutting or adjacent
property as determined by the Historic Preservation Planner.
b. If the Board denies the appeal, the applicant may appeal the action of the
Board to the City Commission.
9. Issuance of Other Permits or Approval. If all or part of the proposed
improvements require a building permit or other necessary approval of the City or any
other governmental agency, the improvements shall also be reviewed pursuant to any
other applicable code provisions of the City and require such corresponding approval. A
Preconstruction Application shall not be approved by the City and issued until such
permit or other approvals have been granted.
No certificate of occupancy or completion shall be issued by the City until the Final
Application has been approved by the City Commission and all appeal proceedings
have been completed.
10. Completion of Work. An applicant must complete all work within two (2) years
following the date of approval of a Part 1, Preconstruction Application by staff. A
Preconstruction Application shall be automatically revoked if the property owner has not
submitted a Final Application/Request for Review of Completed Work within two (2)
years following the date of approval of the Preconstruction Application.
The Board, upon the recommendation of the City, may extend the time for
completion of a substantial improvement in accordance with the procedures of the City's
Building Code.
11. Final Application and Request for Review of Completed Work.
a. The Final Application/Request for Review of Completed Work shall be
accompanied by documentation of the total cost of the qualifying
improvements. Appropriate documentation may include, but is not limited to paid
contractor's bills, cancelled checks, and an approved building permit application listing
the cost of work to be performed. Upon the receipt of a Final Application/Request for
Review of Completed Work and all required supporting documents, the City shall
inspect the completed improvements to ensure compliance with the Preconstruction
Application, Certificate of Appropriateness, and any approved amendments.
b. If the City determines that the work is a qualifying improvement and is in
compliance with the review standards contained herein, the Final Application/Request
for Review of Completed Work shall be approved and forwarded to the Board for
review, and written notice shall be provided to the applicant.
c. If the City determines that the work as completed is not in compliance with the
Preconstruction Application or the established timeframe as described in this section,
the applicant shall be given written explanation for such findings, including
recommendations concerning the changes to the proposed work necessary to make it a
qualifying improvement and bring it into compliance with the review standards. The
application will be forwarded to the Board for review once the applicant makes the
adequate changes necessary for compliance, or upon receiving notice from the
applicant that no further changes will be made to the project.
12. Recommendations to Historic Resources Preservation Board and City
Commission. On completion of the review of a Final Application/Request for Review of
Completed Work, the City shall present such Final Application in a regularly scheduled
meeting of the Board and recommend that such Board grant or deny the
exemption. The recommendation and explanation shall be provided in writing to the
applicant and Board for consideration at a public meeting. The application, along with a
recommendation of approval or denial shall subsequently be forwarded by the Board to
the City Commission for final consideration.
13. Approval by the City Commission. Upon approval of a Final
Application/Request for Review of Completed Work by the Board, the Final Application
shall be placed by resolution on the agenda of the City Commission for approval. The
resolution to approve the Final Application shall indicate the property owner, property
address and legal description, time period that exemption will remain in effect and
expiration date, and shall require the owner to record the restrictive covenant in the
Official Record Book of Palm Beach County. The applicant shall provide the City with
two (2) certified copies of the recorded covenant.
14. Notice of Approval to the Property Appraiser. The City shall transmit the
following certified copies to the Palm Beach County Property Appraiser: 1) recorded
restrictive covenant; 2) approved Final Application/Request for Review of Completed
Work; and the resolution of the City Commission approving the Final Application and
authorizing the tax exemption.
15. Effective Date and Duration of Tax Exemption. When the City Commission
approves a historic preservation tax exemption, the covenant shall be in effect for ten
(10) years; however, the City Commission has the discretion to approve a shorter time
frame if petitioned by the property owner. The effective date of the exemption shall be
January 1 of the following year from when the covenant and resolution are recorded
with the Palm Beach County Clerk of the Court.
16. Property Maintenance, Penalty, and Revocation. The character of the property
and qualifying improvements are to be maintained during the period that the exemption
is granted. Such covenant shall be binding on the current property owner, transferees,
and their heirs, assigns and successors. A violation of the covenant shall result in the
revocation of the granted tax exemption, and the property owner being subject to the
payment of taxes that would have been owed had the exemption not been initially
granted (see subparagraph (2) below). The revocation process shall occur as follows:
a. Revocation Proceedings.
(1) Staff or the Board may initiate proceedings to revoke the ad valorem tax
exemption provided herein, in the event the applicant, or subsequent owner or
successors in interest to the property, fails to maintain the property according to the
terms and conditions of the covenant;
(2) The Board shall provide notice to the current owner of record of the
property and hold a revocation public hearing, and make a recommendation to the City
Commission;
(3) The City Commission shall review the recommendation of the Board and
make a determination as to whether the tax exemption shall be revoked. Should the
City Commission determine that the tax exemption shall be revoked, a written resolution
revoking the exemption and notice of penalties as provided herein shall be provided to
the owner, the Palm Beach County Property Appraiser and filed in the official records of
Palm Beach County;
(4) Upon receipt of the resolution revoking the tax exemption, the Palm Beach
County Property Appraiser shall discontinue the tax exemption on the property as of
January 1 of the year following receipt of the notice of revocation; and
b. Notice of Penalties. The resolution revoking the tax exemption shall include a
statement that a penalty equal to the total amount of taxes that would have been due in
March of each of the previous years in which the tax exemption and covenant were in
effect had the property not received the exemption, less the amount of taxes actually
paid in those years, plus interest on the difference calculated as provided in Section
212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for
violation of the terms, conditions and standards of the Historic Preservation Exemption
Covenant.
17. Annual Report. The City shall prepare an annual report to the City Commission
regarding the tax exemption proposed in this article. The report shall be filed in January
of each calendar year, and shall summarize the activities of the City and Board related
to this article during the previous calendar year. The information shall include, but not
be limited to, a list of the properties for which a Part 1, Preconstruction Application, and
Part 2, Final Application/Request for Review of Completed Work were made during the
preceding year; an explanation of the disposition of each application; the expenditures
on each approved qualifying improvement during the calendar year; the total number of
properties currently participating in the program provided within this article; and any
other information requested by the City Commission.
E. Standards for Archeological Work, Discovery of Archeological Site.
1. The Historic Preservation Planner shall be responsible for identifying, protecting,
managing and promoting all cultural resources (historic and prehistoric sites and
districts) within the municipal bounds.
2. Archaeological Work. Archeological surveys, assessments, excavations, and
other work required by this ordinance shall be conducted by a qualified, professional
archeologist and be consistent with the guidelines for such work promulgated by Palm
Beach County that are consistent with accepted professional standards and regulations
developed by the Florida Department of State Division of Historical Resources and the
United States Department of the Interior, or their successor agencies.
3. Site Discovered During the Development Process. In the event that
archaeological materials are discovered by ground disturbing activities on any property
within the City, such activities in the immediate vicinity of the archaeological site shall be
discontinued immediately and the Planning & Zoning Department notified. The site shall
be inspected and may be required to be assessed by a qualified professional
archaeologist at the expense of the property owner.
4. Unmarked Human Graves. If a discovery is made of an unmarked human grave
or graves, then the procedures for notifying the State Archaeologist and County Medical
Examiner shall be followed, consistent with state law.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-006, passed 2-15-11; Am. Ord. 12-008,
passed 5-15-12; Am. Ord. 12-016, passed 10-2-12)
ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES
Sec. 1. Overview.
A. General. Pursuant to Chapter , Article III action .B., any given parcel of land in the
city shall have a zoning district that corresponds with the Future Land Use Map (FLUM)
classification of the Comprehensive Plan.
B. Residential Building and Site Regulations (Table 3-1).
RESIDENTIAL R-1 R-1 R- R-1 R- R-3 IPUD PUD MHPD
AAB AA 1A 13 2 Duplex 13 Multi
Density(dwelling units per 5 5.5 6 7.5 10 11 Flexible10 Flexible" Flexible"
acre):
Project Area,Minimum N/A N/A N/A N/A N/A N/A N/A 5+ 10+
(acres)
Lot Area per unit, 9,000 8,0008 7,500 6,000 4,500 4,00012 Flexible Flexible 4,200
Minimum(square feet):
Lot Frontage,Minimum 90 75 60 60 75 100 Flexible Flexible N/A
(feet):
Living Area,Minimum A/C 1,800 1,600 1,400 1,200 750 750 Flexible Flexible N/A
(square feet):
Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A
Floor-Area-Ratio(FAR)for N/A N/A N/A N/A N/A N/A N/A N/A N/A
Non-Residential,Maximum:
Structure Height,Maximum 30 30 30 30 30 456 457 456 30
(feet):
Building Setbacks,
Minimum(feet):
Front: 25 25 25 25 25 40 Flexibles Flexibles 20
Interior side: 10 108 7.5 7.5 10 20 Flexibles Flexibles 5
Corner side: 254 254 254 254 254 40 Flexibles Flexibles 1011
Rear: 204 204 204 204 254 40 Flexibles Flexibles 1011
Special rear yard setback Maximum Percentage of Reduction:
reductions for 1-story
building additions abutting:
1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A
(ICWW):
Page 84 of 93
Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Canal wider than 150 50% 50% 50% 50% N/A N/A N/A N/A N/A
feet:
Canal narrower than 33% 33% 33% 33% N/A N/A N/A N/A N/A
150 feet:
Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Perimeter wall abutting 50% 50% 50% 50% N/A N/A N/A N/A N/A
non-residential:
Administrative Adjustment: Maximum Percentage of Reduction(to standard yard setback):
Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A
Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A
Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A
General Notes: 1,2 1,2 1,2 1,2 3 3 9 9 11
1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not
be used in conjunction with the setback reductions allowed by administrative adjustments.
2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building
line of a legally non-conforming single-family structure, or a building line previously approved by a variance.
3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes
shall conform to the R-2 district requirements.
4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot
shall provide for front yard setbacks along both streets. When two (2)front yard setbacks are provided for on a
corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed.
5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family
residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the
setbacks of the adjacent development based upon the orientation of structures with said development. Also,
perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in
excess of thirty (30)feet. Project design along abutting roadway(s), including setbacks, shall be based on
existing development patterns or applicable recommendation from the respective development plan.
6. See Note#5 for additional setback requirements relative to building height.
7. A lesser building height maybe required for compatibility with adjacent properties. See Note#5 for more
setback requirements relative to building height.
8. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard
shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13, 1975.
9. Total usable open space shall be calculated at two hundred (200) square feet per dwelling unit (also see
Chapter 4, Article III, Section 8.).
Page 85 of 93
10. The maximum allowable density is determined by the applicable future land use classification of the
Comprehensive Plan.
11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent
zoning district(s), but with a minimum of the setback required for a single-family residence.
12. Multi-family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in
R-3 require twenty thousand (20,000) square feet.
13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan, that (1)
were originally platted or(2)were existing parcels as of April 1, 2020 may use the development regulations within
this section to develop a single-family residence:
C. Non-Residential Building and Site Regulations (Table 3-2).
NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID REC PU
Density(dwelling units N/A N/A N/A N/A N/A N/A N/A Flexible" N/A N/A
per acre):
Project Area, Minimum N/A N/A N/A N/A N/A 311 N/A 2511 N/A N/A
(acres)
Lot Area, Minimum 9,000 5,000 15,000 5,000 15,000 Flexible 10,000 Flexible 43,560 8,000
(square feet):
Lot Frontage, 75 50 75 50 75 Flexible 0 Flexible 100 75
Minimum:
Lot Depth, Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A
Lot Coverage, 40% 40% 40% 40% 75%18 40%11 60% 60% N/A N/A
Maximum:
Floor-Area-Ratio 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 0.50 1.00
(FAR), Maximum:
Structure Height, 304 259 45 45 45 45 45 45 45 45
Maximum (feet):
Building Setbacks,
Minimum(feet)14,:
Front 30 30 20 25 0 40 15 30 25 2513
Rear 20 20 202 205 206 40 203 30 25 2513
Interior side 10 15 01 155 0 30 154 20 25 1513
Corner side 10 20 20 155 87 30 15 30 25 1513
Building Setbacks,
Minimum if abutting
Page 86 of 93
a residential district
(feet)14,:
Rear 30 30 30 30 N/A N/A 30 N/A N/A 30
Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30
Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A
Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A
1. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15)feet
shall be provided on one (1) side.
2. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half
(1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10)feet.
3. Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10)
feet.
4. Where rear yard abuts a paved alley or street, then no side setback shall be required.
5. Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10)feet and
no side yard shall be required, except on corner lots.
6. Where rear property line abuts a public street or alley, rear yard setback may be reduced to eight (8)feet at
first floor level, in which case, no setback shall be required at all other floor levels.
7. Eight (8)feet is required at first floor level. No setback shall be required at all other floor levels.
8. Waterfront setbacks shall be measured from the property where the body of water is under different
ownership than the subject property line. However, setbacks are measured from the mean high water line if the
body of water is under the same ownership as the subject property.
9. Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five (35)feet
but only with conditional use approval.
10. The total ground floor area of all buildings and accessory structures shall not exceed forty percent (40%) of
the plot on which they are constructed.
11. Contiguous acres.
12. Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use
classification. Maximum residential densities shall be in accordance with the thresholds established for the
respective DRI.
13. For hospital buildings, additional setbacks in excess of thirty(30)feet shall be required for any height over
forty-five (45)feet. The additional setback shall be measured by calculating three (3) additional feet of setback for
each foot in height above forty-five (45)feet, not including minimal rooftop equipment that are eligible for height
exception pursuant to Chapter 2, Article II, Section 4.
14. Overlay regulations may apply. See Section 8 for regulations pertaining to overlays.
E. Mixed Use Urban Building and Site Regulations (Table 3-4).
MIXED USE, URBAN 13,14 MU-1 MU-2 MU-3 MU-4 MU-C
Page 87 of 93
MIXED USE, URBAN 13,14 MU-1 MU-2 MU-3 MU-4 MU-C
Lot Area,Minimum(acres):
Public park N/A N/A N/A N/A N/A
All other uses 0.50 0.75 1 1 1
Lot Frontage,Minimum(ft.)' 100 1002 1502 2002 2002
Structure Ht.,Minimum(ft.) 30 30 30 45 45
Maximum Height(ft.)' 45 65 75 100 150/1254
Maximum Density(DUs/Acre)10, 20 40 50 60 80
12
Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0
Build-to-line(ft.)'
All sides abutting a collector or Factor of Pedestrian Zone Requirement'
arterial road
Abutting a Local street 07 07 07 07 07
Interior side 07 07 07 07 07
Building Setback,Minimum(ft.)'
Rear abutting:
Residential single-family 255/05,6 255 255 255 255
Intracoastal waterway 255 255 255 255 255
Side abutting
Residential single-family 255/05,6 255 255 255 255
Usable Open Space,Minimum(sq. N/A N/A 0.5% 1% 2%
ft.)9
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. Project sites must front on two (2) intersecting rights-of-way and must have an uninterrupted lot frontage. An
e Cae tlC)rl lAl ll 7e 1'1 e liler� file I ter'r.Sr tIC)r� I Iii 7 sire to the existence of a designated historic site ora site
sar.srrer�tiy r r� tr're l int i I:: t r� i lky i .r�i i r� it . I'r' [ a i r� � II maximize corilloatibility with the historic
:site so as to allow the historic :site to III Utr.ally-ontribUte to the streetsca e, l m considerations ShOUld intact.de
lr'ndsc Pedestrian Zone reC.iUir'ements shall be r'eCRlired to cortin ie k.6ninter't;rete( b J'the historic.site,
It`IC;IE.SC'lin,c1 str'eet`'xC;ape, l�.',nC'1:xgap ci and pedestrian amenities,
3. Maximum height on any street frontage is forty-five (45)feet. Maximum height on Intracoastal Waterway is
thirty-five (35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where
Page 88 of 93
adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these
regulations. Height bonus may be granted through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five (125)feet for the entire project where property abuts any
other MU or residential zoning district not separated by a right-of-way.
5. Plus one (1) additional foot for each foot of height over thirty-five (35)feet.
6. Where there is an intervening right-of-way of at least forty (40)feet.
7. Buildings and structures shall be located no farther than zero (0)feet from the property line, except in
conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when
additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of
roadway type and CRA district, which determines the minimum width and design of the PZ. The minimum PZ is
comprised of three components: 1) a five (5)foot wide street tree area, measured from the back of the curb, or
future curb on roads requiring a right-of-way dedication, 2) an eight (8)foot wide sidewalk (ten-foot (10') wide
sidewalk when located within the Downtown District, as defined by the Community Redevelopment Area Plan),
free from obstructions, measured from the centerline of street trees, and 3) an eight-foot (8')wide active area,
measured from the sidewalk. The PZ components may vary in placement order only on sites with conflicting right-
of-way regulations. See Section 5.C.2 below for additional relief provisions from build-to line requirements.
8. Locally registered historic structures are not required to meet these standards.
9. Usable open space shall be required for all developments two (2) acres in size or larger which shall be
devoted to plazas or other public open space, excluding private recreation. See Cho ter 4 Arficle III Segfion
8 for additional regulations.
10. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have minimum
densities as follows: MU-1 -fifteen (15), MU-2 -twenty-five (25), MU-3-thirty-five (35), MU-4 -forty-five (45) and
MU-C - sixty(60)dwellings per acre.
11. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have a minimum
FAR as follows: MU-3-one and three-quarters (1.75), MU-4 (2.0) and MU-C-two (2.0). Maximum FAR for MU-3
may be increased to 3.5 if abutting property with the Mixed Use High future land use classification.
12. The maximum density for projects within the Downtown Transit-Oriented Development District (the Station
Area) may be increased up to twenty-five percent (25%)over the maximum density allowed in the underlying
zoning district through participation in the City's Workforce Housing Program.
13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE
requirement by including commercial uses serving the general public such as retail, restaurants, bars,
entertainment, personal services, and offices. Resident-only serving amenities such as lounges, gyms, common
rooms, and recreation spaces may be included in addition to the above uses, but shall not fulfill the commercial
requirements.
14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the Federal Highway
District and the Heart of Boynton District, as defined by the Community Redevelopment Area Plan, will meet
ACTIVE USE requirement by using design features - including street-fronting access -to allow residential use to
engage with the street and provide the opportunity for interaction. Such features may be combined with building
amenities such as lounges, gyms, common rooms, and recreation spaces on the ground floor.
Page 89 of 93
Sec. 5. Nonconforming Uses.
A. Definition. See Chapter 1, Article 11, Definitions.
B. Existing Uses.
1. General. Any lawful use of land or structures existing on the effective date of the
adoption or amendment of these zoning regulations, but which would become a
nonconforming use under the terms of these Regulations or future amendments hereto, shall
be permitted to continue, subject to the provisions of this section pertaining to its extension,
alteration, reconstruction, business tax renewal, discontinuance or change.
Any use or structure in lawful existence at the time of adoption or amendment of these
zoning regulations which would thereafter require a conditional use approval under its
provisions shall be construed to be a nonconforming use. Such uses or structures may
become conforming upon application, review, and approval as a conditional use according to
the procedures and standards set forth in these zoning regulations for conditional use
approvals. However, if approval of a conditional use is not granted for such use or structure,
then it shall continue to be construed as nonconforming. Any enlargement, increase,
extension, or intensification of a use or structure would require such approval as if it were a
new use or structure. Any alteration or movement of such use which the Development Director
finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use
approval, but shall conform to all other applicable provisions contained in the Boynton Beach
Land Development Regulations.
2. Exclusions (Ordinance 12-010). Any legally conforming use with previous city approval or in
possession of an active Business Tax Receipt and/or Certificate of Use at the time of this ordinance,
but no longer listed as permitted or conditional in the zoning district in which it is located pursuant to
Ordinance 12-010 shall continue to be considered conforming to the extent that it may expand business
operations and/or associated building by up to twenty percent (20%), provided it does not expand onto
an abutting lot. This same provision shall apply to the Land Use Option(s) of individual lots depicted on
the Quantum Park Master Site Development Plan.
C. Nonconforming Use Limitations.
1. Use of Land. No nonconforming use of land shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied on the effective date of the
adoption or amendment of these Regulations, unless such use is subsequently changed to a
use permitted in the district in which such use is located.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot
or parcel occupied by such use on the effective date of the adoption or amendment to these
Regulations, nor shall such nonconforming use be moved to any other parcel or located in any
district within which said use is not permitted.
No additional structures or buildings shall be erected in connection with such nonconforming
use of land.
2. Use of Structures. Any nonconforming use which occupies a portion of a building or
other structure not originally designed or intended for such use shall not be extended to any
other part of the building or structure. No nonconforming use may be extended to occupy any
Page 90 of 93
land outside the building or structure, nor any additional building or structure on the same plat,
which was not used for such nonconforming use at the effective date of the adoption or
amendment of these Regulations.
No structure used for a nonconforming use shall be enlarged, extended, reconstructed, or
structurally altered, unless the use is changed to one which complies with the provisions of
these Regulations. However, ordinary repairs, maintenance and improvements, such as
plumbing or wiring, replacement of non-bearing walls, fixtures or other interior alterations, shall
be permitted each year in an amount not to exceed twenty-five percent (25%) of the assessed
value of the building or structure for that year as determined by the Palm Beach County
Property Appraiser, subject to the provisions of the preceding paragraph and provided such
work does not increase the cubic volume of the structure, the floor area devoted to the
nonconforming use or the number of dwelling units. Nothing in these Regulations shall prevent
compliance with applicable laws or ordinances relative to the safety and sanitation of a building
occupied by nonconforming use.
D. Change of Use. Any part of a structure or land occupied by a nonconforming use which
is changed to or occupied by a conforming use shall not thereafter be used or occupied by a
nonconforming use. A nonconforming use of land or structure shall not be changed to any
other use except one which would be permitted as a conforming use in the district in which the
land or building is located. However, no change shall be required in the plans, construction, or
designed use of any structure for which a building permit was lawfully issued pursuant
to Chapter 4, Article I , and upon which construction has actually begun prior to the effective
date of the adoption or amendment of these Regulations.
E. Discontinuance. If for any reason a nonconforming use of land, structure or any part
thereof ceases or is discontinued for a period of more than six (6) consecutive months, except
when government action impedes access thereto, the land shall not thereafter be used for a
nonconforming use. The issuance or existence of a required business tax receipt, permit, or
other governmental authorization to conduct such nonconforming use shall not mean that the
use has not ceased, but that the lack of the same shall create a refutable presumption that the
use has ceased.
F. Nonconforming Lots/Structures. See Chi ter 3 Article V Section 11 for the regulations
pertaining to nonconforming lots and structures.
C. Denated Historic Sites. Fhrestrictions of this Section that limit the xtensi n.
tet° I discontinuance sr c l rl e t rlcorl....conf rr�"iGr ,
alteration. reconstruction.nstr ction. business ax renewal.
use f :)ro4.:�ert� � rp t ��. '. t �� #r" . #ert tt���t i li ter r� t��e Cit ; Register" of Historic Places,
Page 91 of 93
8.8.A.
Other
4/26/2022
_ CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 4/26/2022
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Presentation on the review of
development applications for compliance with Palm Beach County's traffic review requirements and
standards.
EXPLANATION OF REQUEST: Per the request by the Board, staff has arranged a short presentation by
a local engineering firm experienced in reviewing development proposals for compliance with Palm Beach
County's Traffic Performance Standards Ordinance (TPS).
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION APPLICATION: N/A
Is this a grant?
Grant Amount:
Page 92 of 93
8.8.B.
Other
4/26/2022
_ CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 4/26/2022
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Presentation by staff on the
City's requirements for preservation of natural areas.
EXPLANATION OF REQUEST: Per the request from the Planning & Development Board, staff is
presenting the requirements for conservation/preservation of natural lands as adopted in the City's
Comprehensive Plan and Land Development Regulations.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION APPLICATION: N/A
Is this a grant?
Grant Amount:
Page 93 of 93