Loading...
24-025 1 ORDINANCE NO. 24-025 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO 5 REZONE AN APPROXIMATELY 2.97 ACRE PARCEL OF REAL PROPERTY 6 GENERALLY LOCATED NORTH OF THE C. STANLEY WEAVER CANAL 7 ON THE WEST SIDE OF NORTH SEACREST BOULEVARD, BOYNTON 8 BEACH, FLORIDA, FROM SINGLE FAMILY RESIDENTIAL (R-1-A) TO 9 PLANNED COMMERCIAL DEVELOPMENT (PCD); DECLARING THE 10 PROPOSED AMENDMENT TO BE CONSISTENT WITH THE 11 COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, 12 CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS,the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 15 No. 02-013, establishing an official zoning map of the City; and 16 WHEREAS, Seacrest Apartments Property Owner, LLC, has requested to rezone the parcel 17 of land generally located north of the C. Stanley Weaver Canal on the west side of North Seacrest 18 Boulevard, Boynton Beach, FL (the "Property"), more particularly described in Exhibit "A," from 19 Single Family Residential (R-1-A) to Planned Commercial Development (PCD); and, 20 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 21 advertised hearing received testimony and evidence related to the application and found that the 22 rezoning is consistent with the City's Comprehensive Plan and provisions of Chapter 163, Part II, 23 Florida Statutes; and, 24 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 25 requirements of Section 166.041, Florida Statutes, and the City's Land Development Regulations; 26 and 11.22.24(SRW) Page 1 of 10 CODING: Words in stfike4lifettO type are deletions from existing law: Words in underlined type are additions. 27 WHEREAS, after careful review of the application, staff has determined that the proposed 28 rezoning is consistent with an amendment to the Future Land Use Map, which was 29 contemporaneously considered and approved by the City Commisison, complies with the City's 30 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 31 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 32 which contains data and analysis supporting the rezoning; and 33 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 34 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 35 Regulations, and the City Commission deems it to be in the best interest of the public to amend 36 the City's Zoning Map as further set forth herein. 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 38 BOYNTON BEACH, FLORIDA: 39 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 40 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 41 Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 42 Single Family Residential (R-1-A) to Planned Commercial Development (PCD), and the City's 43 Official Zoning Map shall be amended accordingly. 11.22.24(SRW) Page 2 of 10 CODING: Words in:;t ke t`" ugh type are deletions from existing law; Words in underlined type are additions. 44 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 45 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 46 City's Official Zoning Map to reflect the above-stated changes. 47 Section 4: Approval of Master Plan. The Master Plan for the Seacrest Sound 48 Apartments, as depicted in Exhibit C-1, is hereby approved, subject to the conditions of approval 49 set forth in Exhibit C-2. 50 Section 5: Authorization to Transmit. The City Manager or designee is hereby 51 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 52 provisions of the Community Planning Act, if required. 53 Section 6: Severability. The provisions of this Ordinance are declared to be 54 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 55 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 56 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 57 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 58 Section 7: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 59 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 60 Section 8: Effective Date. This Ordinance shall take effect immediately upon 61 adoption. 62 11.22241SRW) Page 3 of 10 CODING: Words in stfilie4lifeugh type are deletions from existing law: Words in underlined type are additions. 63 FIRST READING this / day of earn 6'2024. 64 SECOND, FINAL READING AND PASSAGE this day ofir1(tA 202S- 65 CITY OF BOYNTON BEACH, FLORIDA 66 YES NO 67 68 Mayor–Ty Penserga 69 70 Vice Mayor– Aimee Kelley 71 72 Commissioner–Woodrow L. Hay 73 74 Commissioner–Angela Cruz 75 J_ 76 Commissioner–Thomas Turkin .-kW* '&11\.dtS 77 78 VOTE q-D 79 AT ES : 80 �,� _ / 81 I _ � 7. �I i 0 u, 82 Mayle= D:J stas, MM Ty Pen -. 83 City CI-r. May, 84 85 APPR• . D AS TO FORM: 86 (Corporate Seal) 87 `0VI N tON`‘,� 88 .GORPOR ,44,..<c• 1i / SEAL 89 � �; ��.•11 ita. Sha - na G. Lamb • 90 0 1.INCORPORATED; City Attorney 1920 t� ���� FLORIOP. R 11.22.24(SRW) Page 4 of 10 CODING: Words in ce threegh type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description PARCEL 1: THE SOUTH 100 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTH 165 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST; LESS: 80-FOOT-WIDE RIGHT-OF-WAY GRANTED TO THE COUNTY OF PALM BEACH BY DEED RECORDED IN O.R. BOOK 5359, PAGE 675, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2: THE NORTH 40.00 FEET OF LOT 1, WILLIAM M. LANEHART SUBDIVISION OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1. PAGE 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUBJECT TO AN 80-FOOT RIGHT-OF-WAY FOR SEACREST BOULEVARD. LESS AND EXCEPT: ALL THAT PORTION LYING EAST OF A 80-FOOT-WIDE RIGHT-OF-WAY FOR SEACREST ROAD, GRANTED TO THE COUNTY OF PALM BEACH BY DEED RECORDED IN O.R. BOOK 5359, PAGE 675, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND CONTAINS 129,255 SQUARE FEET OR 2.976 ACRES, MORE OR LESS AND SITUATES PALM BEACH COUNTY, FLORIDA. 11.22.24(SRW) Page 5 of 10 CODING: Words in stti4ie4hr-eugh type are deletions from existing law: Words in underlined type are additions. Exhibit B Amended Zoning Map rimoro. Ex. B: Proposed . i ing BOYNTON eacrest Sound Apartments (FILYil, ;,.:,-1 i MP, ZCVL-2024.06.52374 BEACH / ,/ ll — / / / / , t •ts '24 \ I .11 y . ? / ,.., #.' ,e,- ,, -,,, ._ 4 . 4,, , -.< ,...... , ,. 2+ (...)q ill 4, / \ tn . / / Z I l , •1 / i 1 ; t -z- ' N E . ,,-.7........‘ .5.4. . -Dizre,„... 4........., ... in .... I ,,,, ,.....e.,,,a ,-.. mve, asiifit ,,. !Olt i I 4 t h-Ave I 4 ..• c) tp • t ,-- , • ,i5P,, A --- NW 0. , - -f-, AVe • ! PCD _ 4'.••,4, 3<li'4, ' ,, 1 : . • S . '",ti,• , ,4,-4.--.r...., --.•I! 'W,MAirli ' ,4 1. I 1 I; . i 1 , - Zoning am R1A Single Family, 6 du/ac 14c3- "Iv Kr7iaN/,'-‘7v ....winnows ler Ell R1 Single Family, 7 5 du/ac . . ,.... IN R2 Duplex, 10 citt/ao art r, 10 Joir ' 111111REC Recreation lei Illik ia (/)* I 't. PIN PU Public Usage ® , ) 2,4. r 1L0 24 320 Subject Property m - immmm 1t Z AIIP 1 11.22.24(SRW) Page 6 of 10 CODING: Words in strike-through type are deletions from existing law; Words in underlined type are additions. Carlos Dgll,lH.�9� ) 1 er canm A /1 Pizarro ..•..... ....ro•". f1 Dale ... � •,_ wn +o .v ' 20241 I1 1 r. Pizarro,54.,25 Os 00' I , . I ,.,..j 1 II ,.. , -,......, M APARTMENTS BULLRING 2 M 1 aNaearr.444.1444414.• TA. "_ I PROPOSED ii APART MEMS BUILDING I I . r . O II O . III -i F II ITX TTr1F -- I kT 1 -� 7_ 1 C ll +u.+ N ',MASTER PUN - - it - W F I fJ 1 p t R .51•=1:• •..r•...ra.nrw_ro. Y' Io. T �t i N 2 r I I 4.. I 1' Po a W 3 ro, s s.nn r..s rs.n ,. ;:TE KEV PIAN LEGEND Cd t .emr1.•r..rr.,r, •.m•«.•am. 112.1 ..rmrr ZB L BUILDING 1+ . i - G — 0z T PARKING ISLAND DIAGRAM aW `_ vatic n7 W .. PARKING cxGUUTgN w... C pQ wn..�... .. ..��.••... .nx..... �o. _ O ZONING DATA --.........=.i.:,-;:. ror rrw.n...nor r�a.� w� 1 .warwx -....... ". r r _ _ .s+. carr .. ...mar 1111204 owe w«.•eay.c r>... - - ._ ••• NA r x: .,i. .. .. _ _—_ ,wn.r.c. Ce VW C•• wvw•vn•nzpwr .mr•r— I BUILDINGS DATA Ir ..., su.m..<arr:..«. wsvwe+. s« 1 s• PARKING ISLANDS •.. Ao,•o ..r1M MASTER Q ....... },A,.r.r..ro., �•.sar�. ,....n•.... ...,...... ..,•...., • '...•ar _.... PLAN V —_--__ • r ..,. ,.A *EU R c4 h 7 N N N Exhibit C.2 New Master Plan Conditions of Approval Conditions of Approval Project Name. New Master Plan for Seacrest Sound Apartments File number: NMP 2024.06.52374 Reference: 5"' review of plans identified as a New Master Plan submitted on November 15, 2024. DEPARTMENTS INCLUDE REJECT ENGINEERING I PUBLIC WORKS I FORESTRY/UTILITIES vomments 1 Driveway/Access shall be designed in accordance with city standards and Palm Beach County standards, whichever is greater- The minimum distance from the street right-of-way line at any driveway to interior service drive or parking space shall be 50 feet, measured on a line perpendicular to the street right-of-way line. unless otherwise waived by the City,or County,as applicable. 2 At the time of Land Development Permit, submit a certified survey in compliance with the Subdivision and Platting requirements of X the Land Development Regulations (Chapter 2, Article III, Section 2). 3 The provided traffic study does not adequately explain if a left turn lane will be needed or not. A thorough driveway analysis with a X driveway volumes diagram shell be provided. 4 A new TPS letter from Palm Beach County shall be provided es there are discrepancies between the current letter and the Future Land Use Plan Amendment Traffic Analysis. The new daily peak X trips and new peak hour trips provided on these two documents are inconsistent. 5 At the time of LDP, a complete drainage narrative with calculations, signed and sealed by a professional engineer, shall be provided for approval. This analysis is to demonstrate that the X proposed exfiltration system is sufficient to handle the runoff from a 100 year 3-day storm without the need for additional on-site storage 6 The property owner is responsible to extend utilities to the subject X site FIRE Comments: None. All previous comments acknowledged al DART meetina. 11.22.24(SRW) Page 8 of 10 CODING: Words in-stfilie-through type are deletions from existing law; Words in underlined type are additions. POLICE For permit review and approval, the applicant shall address the following conditions: 7. Landscaping shall not conflict with lighting to include long-term X tree canopy growth. 8. Landscaping should not obstruct view from doors, windows or X walkways. BUILDING Comments: None. All previous comments acknowledged at DART meeting. PARKS AND RECREATION Comments: None. All previous comments acknowledged at DART meeting. PUBLIC ART • Comments: None. The project is exempt from the City's Public Art requirements as it consists of 100 percent affordable residential dwelling units. PLANNING AND ZONING For permit review and approval, the applicant shall address the following conditions: 0. Approval of the New Master Plan (NMP - 2024.06.52374) is contingent upon the approval of the Future Land Use Map X Amendment (FLUM - 2024.06.52374), Rezoning (REZN — 2024.06.52374),and Variance(ZNCV-2024.06.52374)_ 10_ The proposed tandem parking spaces shall be assigned to the same dwelling unit and limited to the proposed two (2)-bedroom X and three(3)-bedroom units. It A copy of an approved School Capacity Availability Determination X (SCAD)application is required at the time of site plan submission_ 12_ Prior to the issuance of any building permit or Land Development Permit, a restrictive covenant for the affordable residential units X shall be approved by the Planning and Zoning Division. and 11.22.24(SRW) Page 9 of 10 CODING: Words in ilie-threttgh type are deletions from existing law; Words in underlined type are additions. executed and recorded in the public records. 13. The Master Plan shall be corrected to indicate Low Density Residential (LDR) and Recreational (R) as the existing Future X Land Use. 14. Prior to issuance of any budding permit or Land Development permit, the two (2) parcels shall be unified through the City's Unity X of Title process and recorded in the Official Records of Palm Beach County. COMMUNITY REDEVELOPMENT AGENCY Comments: None. CRY COMMISSION CONDITION S Comments: 15. Provide ten (10) EV-ready parking spaces, including the necessary infrastructure to support future EV charging stations_ Two (2) of these spaces should be equipped with two (2) Level X Two electric vehicle (EV) charging stations, each capable of serving two (2)parking spaces. 16_ Prior to the issuance of any permits, deed restrictions shell be recorded in the official records of Palm Beach County, limiting the building height to 41 feet and the maximum density to 89 dwelling units, in accordance with the approved Master Plan. Please X ensure that the deed restrictions include language requiring City Commission approval for any proposed modifications. 17_ Prior to the issuance of any permits, a deed restriction shall be reviewed by the city staff and recorded in the official records of Palm Beach County, ensuring that 100 percent of the proposed 89 apartment units are income restricted for households earning up to 120% of the Area Median Income (AMI), as outlined in the X Master Plan. The deed restriction shall remain in effect in perpetuity. Any modifications to the recorded deed restriction require the approval of the City Commission by a supermajority vote. 18_ A public access easement shall be established far the proposed usable open space area as shown on the Master Plan, and shall X be identified on a Plat to ensure unobstructed public access. 11.22.24(SRW) Page 10 of 10 CODING: Words inike type are deletions from existing law; Words in underlined type are additions.