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Seaview Park ClubPROJECT NAME: AGENT: DEVELOPME~' - ORDER OF THE CITY COMMISF N OF THE Ch r OF BOYNTON BEACH, FLORIDA Seaview Park Club Mr. Michael Weiner / Weiner & Aronson, P.A. Devel0pment P&Z Building Engineering 0cc. Licenee Deputy City Clerk AGENTS ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Jar~u~, ! 8, 290! ~---~, TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 69 condominium units on 3.756 acres in the IPUD zoning district. LOCATION OF PROPERTY: DRAWING(S),: SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic~t c/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicapt's application for relief is hereby ~/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately' upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this~rder. 7. Other ' DATED: ~_ - j~'-O,~~' Ex,,ibit"A' - Location ,vlap 0 100 200 400 600 800 ~Feet EXHIBIT "B" EXHIBIT "B" EXHIBIT B _'XHIBIT "B" ,, ~_ : EXHIBIT "B" EXHIBIT "B" o-~ 050 EXHIBIT "C" Conditions of Approval Project name: Seaview Park Club File number: NWSP 04-014 Reference: 2nd review plans identified as a New Site Plan with a December 7, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 2. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utilit7 easements or public ri~hts-of-way. 4. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is COA.Revised 2-15-05 2 DEPARTMENTS INCLUDE REJECT ~eater (CODE, Section 26-16Co)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 7. In regards to sanitary service, this project probably will require a lift station X on site, with the option to connecting to the existing sanitary system located in Manatee Bay Apartments (to the north.) A preliminary review will be required with the Utilities Department. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 10. The site addressing shall be visible from the street (with letters a minimum 6 X inches in height with 1½-inch width (stroke). 11. At the time of permitting, Fire department vehicle access shall be maintained X from the from the beginning to the fininh of the project. 12. At the time of permitting, all fire protection equipment shall be operable and X accessible during each phase of construction. POLICE Comments: None X BUILDING DIVISION Comments: 13. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705. I. 1.2. COA.Revised 2-15-05 3 DEPARTMENTS INCLUDE REJECT 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time ofperrmt application. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Tabh 1604.1. Indicate the live load (psf) on the plans for the building design. 16. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 17. At time of perrmt review, submit signed and sealed working drawings of the X proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 19. Please have the applicant provide the City w/th a copy of the letter that will be X sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building. 20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available 21. A water-use permit from SFWMD is required for an inigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 22. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the COA.Revised 2-15-05 4 DEPARTMENTS INCLUDE REJECT Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 23. At the time of permit review, submit separate surveys of each lot, parcel or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 24. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the ComnUssion-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the CoXmmssion-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 25. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Comrmssion. 26. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 27. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the COA.Revised 2-15 -05 DEPARTMENTS INCLUDE REJECT architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 28. All the dwelling units in the building are considered "covered dwelling units" X and shall comply with the Florida Fair Housing Act, F.S. 760.20 and the Federal Fair Housing Act, 24 CFR 100.205. Indicate on the plans which design option (A or B) is being utilized for the design of the dwelling units. 29. Clearly show the required clear floor spaces at all the fixtures and appliances X in accordance with the Fair Housing Act 30. The elevators shall be designed for wheelchair users to enter the car, X maneuver within reach of controls and exit from the car. Comply with ANSI Standard A 117.1-1986, Section 4.10. PARKS AND RECREATION Comments: 31. Recreation Facilities Impact Fee - based on the formula the fee is computed X as follows: 69 multi-family units X $656 ea. = $45,264 Private Recreation Facilities Provided - Swimming pool with Cabana, Barbeque Areas, Exercise Rooms. FORESTER/ENVIRONMENTALIST Comments: 32. The proposed trees should be installed at a minimum height that will provide X for tree canopies at the 25'-35' height level along Federal Highway. These trees should be installed in an effort to break up the expanse of the buildings. This design should visually obscure portions of the second / third story levels of the buildings. The applicant should evaluate the trees design along the North, South, and West elevations shown on landscape sheet A2.08, A2.09. 33. At the time of permitting, provide a more accurate and detailed cross-section X of the existing southern landscape buffer of Manatee Bay apartments. The cross-section should include the width, ground elevation, existing plant material and their height. 34. At the time of permitting, provide a cross-section of the entire length of the X proposed northern landscape buffer. The cross-section should include all landscape material proposed within the 3-foot wide landscape buffer on the COA.Revised 2-15-05 6 DEPARTMENTS iNCLUDE REJECT subject property in conjunction with the existing plant material located within the southern landscape buffer of Manatee Bay Apartments. This illustration should be in-scale with the 4-story condominium building proposed within this proiect as shown on sheet A2.16. PLANNING AND ZONING Comments: 35. Approval of this site plan is contingent upon the accompanying request for X land use / rezoning application (LUAR 04-010). This includes the proposed project density. Include a note regarding LUAR 04-010 in the site plan tabular data (sheet SP1 of 1). 36. One (1) bedroom dwelling units require one and one-half (1½) parking X spaces. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces. The recreation area would require five (5) parking spaces. This project requires 142 parking spaces and should be noted as such in the site plan tabular data. The plan proposes 72 garage spaces, 72 tandem spaces, and 31 off-street spaces, for an excess of 33 spaces. Please revise the site plan tabular data to indicate this information. 37. At the time of permitting, the clubhouse elevations shall indicate the paint X manufacturer's name and color code. Staff recommends using the same color palette for the clubhouse that was used for the condominium building. 38. All new docks would require approval from the U.S. Army Corps of X Engineers. Who owns the wood docks? Will they be removed? Do they have permits? If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width, the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)). 39. Project compatibility will be judged on how well the proposed development X fits within the context of the neighborhood and abutting properties. Provide elevations and cross-sections showing adjacent structures within this site plan application (Chapter 2, Section 5.L.4.g.(1)). 40. The IPUD zoning district contains regulations regarding vehicular circulation X (Chapter 2, Section 5.4.h.). Provide documentation from the Florida Department of Transportation that suggests their preference for the location of the proposed points of ingress and egress. 41. A drainage statement is required prior to the Technical Review Committee X meeting (Chapter 4, Section 7.F.2.). COA.Revised 2-15 -05 DEPARTMENTS INCLUDE REJECT 42. Provide a detail of front entry wall, including its dimensions, material, and X color (Chapter 4, Section 7.D.). Also, on the main entrance landscape plan (sheet L-2 of 5), indicate how far away the wall will be from the west (front) property line. 43. Provide a detail of the fence proposed mound the pool / clubhouse area, X including its dimensions, material, and color (Chapter 4, Section 7.D.). 44. The residential subdivision sign may be no taller than six (6) feet in height X and more than 32 square feet in area (Chapter 21, Article IV, Section 1.B.). Staff recommends placing the address on top of the sign face. 45. Provide more detail of the cross-section of the buffer. Staff recommends X adding decorative caps and score lines to the buffer wall. 46. Where the hedge and tree requirements are met on one property, only the X green space width shall be required for the abutting property in accordance with Chapter 7.5, Article II, Section 5.D.E. of the Land Development Regulations. At the time of permitting, the landscape plan would have to be revised to show the existing landscape material of the abutting property to north. The existing landscape material of the abutting property to the north would have to be such that it meets the intent of the aforementioned code. Any trees proposed within the subject property's three (3) foot wide landscape buffer would have to adhere to Florida Power and Light (FP&L) Right Tree - Right Place publication. 47. At the time of permitting, on the landscape plan, ensure that the plant X quantities match between the tabular data and the graphic illustration. 48. Staff recommends limiting the maximum building height of Buildings Two, X Three, and Four to 38 feet in order to maximize compatibility between the subject property and the abutting properties / structures. 49. In order to maintain consistency of the appearance of the roof-top patio area, X canopies, and other items other than plants, which are visible from adjacent properties, shall be as shown on the site plan or done uniformly as a minor site plan modification to the approved plan. 50. Where possible, staff recommends installing one (1) tree per 30 linear feet X and short (small) palm trees within the 3-foot wide north landscape buffer. The proposed trees should be consistent with the allowable trees species as per FPL's Right Tree / Right Place publication(s). 51. Where possible, staff recommends increasing the installation height of the X Laurel Oaks trees proposed within the parking islands on the north and south sides of the buildings. The trees should be installed at a height of 18 feet to 20 feet rather than 16 feet to 18 feet. COA.Revised 2-15-05 8 DEPARTMENTS INCLUDE REJECT 52. Staff recommends installing tall, slender palm trees (such as Carpentaria or X Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building faqades with additional plant material. These trees should be installed at the same height as the other native canopy trees planted along the buildings and meet the clear trunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting. 53. Staff recommends installing the Cabbage palm trees (proposed along the X south property line) without the typical "hurricane cut". This would help to provide immediate screening upon tree installation. 54. Staffrecommends that the plant material proposed within the south landscape X buffer be installed in such a way as to provide immediate buffering. This can be accomplished by utilizing the following tactics: install all proposed trees at their maximum height (within their specified range of heights) without jeopardizing the visual buffering of lower-to-mid-level screening above the wall, replace the stretch (series) of palm trees with canopy trees consistent with the remainder of the buffer, and insert additional palm trees within the south landscape buffer in areas where tip-to-tip spacing is not entirely accomplished. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 55. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 56. Amend Condition #48 as agreed upon by all parties to read, "The maximum X building height of Building Two, Three, and Four shall not exceed 38 feet (to top of parapet or to midpoint of gable or hipped roof) and a maximum of three (3) stories in order to maximize compatibility between the subject property and the abutting properties/structures. No terraces, patios, gazebos, viewing spots, recreational areas or other amenities shall be permitted on the roofs of any of the four (4) buildings, and the use of roo£s shall be limited to building repair and maintenance purposes only." 57. Omit Condition g49 given limitation to 3 stories on Buildings Two, Three, X and Four. COA.Revised 2-15-05 DEPARTMENTS INCLUDE REJECT 58. Amend Condition #51 as agreed upon by all parties to allow change from Laurel Oaks to Live Oaks and to read as follows, "Where possible, due to X concerns over longevity of Laurel Oaks, staff recommends the use of Live Oaks or other similar native species approved by the city forester and recommends increasing the installation height of these trees proposed within the parking islands on the north and south sides of the buildings. The trees should be installed where possible at a height of 18 feet to 20 feet rather than 16 feet to 18 feet." 59. Amend Condition #52 as agreed upon by all parties to read, "Staff X recommends installing tall, slender palm trees (such as Carpentaria or Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building faqades with additional plant material. These trees should be installed at the same height as the other native canopy trees planted along the building~ and meet the clear trunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting." 60. Omit comment #53 as agreed upon by all parties, to decrease possible X damage to plants during transportation. 61. Amend Condition #54 to allow south buffer to be designed as agreed upon by X all parties, and to read, "Staff recommends that the south landscape buffer be installed in accordance with the South Buffer Landscape Planting Plan Drawing L.7 provided as an exhibit to these conditions of approval. Except Drawing L.7 may be revised, if approved by INCA, to specifically reduce final heights of palm trees within south buffer, as needed for optimal visual buffering of building heightg Tree height ranges may be reduced from 16'-20' to 14'-20' for smaller palms, and from 25'-28' to 18'-25' for larger palms. This revised landscape plan shall be submitted as part of the revised site plan at time of permit request." 62. As agreed upon by all parties, at least five (5) days prior to formal submittal to X staff of revised elevations, builder will provide notification of the intended submittal to the Homeowners Association known at "INCA" and to the attorney for the 16 clients of selected residents within the Yachtmans Cove and Coquina Cove subdivisions, and copying the P&Z Director, and will if requested, provide copies of drawings at the time of submittal to both INCA and the attorney described above or a subsequently agreed upon representative. COA.Revised 2-15-05 10 DEPARTMENTS INCLUDE REJECT 63. As agreed upon by all parties, the additions of any dock facilities will be X processed as a minor request for minor site plan modification. At least 5 days prior to submittal to staff or the relevant permitting agencies, builder will provide notification of the intended submittal to the HOA known as "INCA" and to the attorney for the 16 clients of selected residents within the Yachtmans Cove and Coquina Cove subdivisions, copying the P&Z Director, and will if requested, provide copies of the plans to both iNCA and the attorney described above or a subsequently agreed upon representative. 64. As agreed upon by all parties, project lighting plan shall be as X submitted to both adjacent residents and labeled P.l.a. Modifications to said plan shall follow similar notification process as described in Conditions #62 and #63. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\COA.doc