Boynton Village
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
Occ. license
Deputy City Clerk
PROJECT NAME:
Boynton Village
AGENT: Mr. Russell C, Morrison, P,E. with Kimley-Horn and Associat
APPLICANT'S ADDRESS: 1450 South Johnson Ferry Road, Suite 100 Atlanta, Georgia 30319
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 20, 2005
TYPE OF RELIEF SOUGHT: New site plan approval to construct 80 dwelling units, 135,641 square
feet of retail, 14,541 square feet of restaurant, and 10,000 square feet of
office on a 20.33-acre parcel in the SMU Suburban Mixed-Use zoning
district.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south
of the SFWMD C-16 canal (Exhibit "A")
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 Planning and Development 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:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The ApplicCjJ1t
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3, 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".
4, . The Applicant'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.
6, All further development on the property shall be made in accordance with the terms
and conditions of this order.
DATED:
7. Other
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Village
File number: NWSP 05-004
Reference: 3" review plans identified as a New Site Plan with an August 9, 2005 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:
I. 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. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this proiect (CODE, Section 26-12).
4, 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
greater (CODE, Section 26-16(b)1.
5, 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 exnected demand.
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6. 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 PToiect, in accordance with the CODE, Section 26-15,
7. 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 nermit annlication.
FIRE
Comments:
8, The Fire flow test conducted on November 8, 2004 cannot be used as fire X
flow information. Only when the connections on the east side of Congress
A venue are connected can staff evaluate the fire flow for the subject project.
This condition will remain and no building permits may be issued until fire
flow test are conducted and determined adeauate by staff.
9. All one (I i-way traffic access shall be 12 wide in the clear. X
10. The clearance of the first floor parking garage shall be 14 feet - one (I) inch X
in height.
POLICE
Comments: None X
BUILDING DIVISION
Comments: '
II. Every building and structure shall be of sufficient strength to support the X
loads'and forces encountered per the 200 I FBC, Section 1601.2.1 and Table
1604.1, Indicate the live load (pst) on the ulans for the building design.
12. 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
annlication.
13. At time of permit review, submit signed and sealed working drawings of the X
nronosed construction.
14, A minimum of 2% of the total parking spaces provided for the dwelling units X
covered under the Fair Housing Act shall be accessible and comply with the
reauirements of the act. Accessible parking spaces shall be eauallv distributed
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for each type of parking provided, e,g, surface parking, parking structures,
ctc, per Title 24 CFR, Part 100.205,
C----
15. Add to the residential buildings that are depicted on (he site plan drawing a X
labeled symbol (hat identifies the location of the proposed handicap
accessible units, Add to the drawing (he calculations (hat were used to
identifY the minimum number of required units. Also, state the code section
that is applicable to the computations. Show and label the same unit/s on the
applicable floor plan drawings. Compliance with regulations specified in the
Fair Housing Act is required (Federal Fair Housing Act Design and
Construction Reauirements, Title 24 CFR, Part 100.205).
16. At the time of permit review, submit details of reinforcement of walls for (he X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwellinl! unit shall complv.
17. Bathrooms and kitchens in the covered dwelling units shall comply with (he X
Federal Fair Housing Act 24 CFR 100.205, Indicate on the plans which
design specification ("A" or "B") of the Fair Housing Act is being used. The
clear floor space at fixtures and appliances and turning diameters shall be
clearlv shown on the plans.
18. Add (0 the floor plan drawing of the recreation building a breakdown of the X
floor area. The area breakdown shall specify (he total area of (he building,
covered area outside, covered area at the entrances, total floor area dedicated
for the recreation building and other uses located within the building. SpecifY
the total floor area that is air-conditioned, Label the use of all rooms and
floor spaces.
19. 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.
20. A water-use permit from SFWMD is required for an irrigation 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,
21. 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
Commission-approved site plans.
c. The number of dwelling units in each building,
d. The number of bedrooms in each dwelling unit.
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e. The total amount paid and itemized into how much is for water and how
much is for sewer.
~BBCO, Chapter 26, Article II, Sections 26-34)
22, At time of permit review, provide a completed and executed CBB Unit of X
Title form, The form shall describe all lots, parcels or tracts combined as one
lot. A copy of the recorded deed with legal descriptions, of each property that
is being unified, is required to be submitted to process the form. The property
owner that is identified on each deed shall match.
23, At time of permit review, submit separate surveys of each lot, parcel or tract. X
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 Commission-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 Commission-approved site plans.
d, The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter I, 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 Commission.
26, The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. Ifthe 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. Add to the floor plan drawings of the individual units a breakdown of the area X
within the unit. The area breakdowns for each unit shall specifY the total area
of the unit, area of the balcony, total area that is air-conditioned and, where
applicable, total area of storage and garage space. If the garage and storage
areas are not part of a specific unit, the area shall be included and identified
within the area of the building. Indicate how many of each type of unit will be
on each floor and within the building.
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28. Add to the site data the total area under roof of each residential building. X
Provide tabular area data for each floor of each building. The breakdown shall
include the following areas and each area shall be labeled on the applicable
floor plan drawing:
a, Common area covered walkways:
b. Covered stairways;
c. Common area balconies;
d. Entrance area outside of a unit;
e, Storage areas (not part of a unit);
f. Garages (not part of a unit);
g, Elevator room;
h. Electrical room;
1. Mechanical room;
J. Trash room;
k. Mailbox pickup and delivery area; and
I. Any other area under roof.
(Chapter 4 - Site Plan Review, Section 7.E.2 and 3)
29, Building "H" 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 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 th the
applicable fire safety standards as determined by the local
authority in accordance with this section and F.S. Section 633,
30. A van accessible parking space is required in the parking structure per 2001 X
FBC, Section 11-4.1.2(5)(b).
31. Accessible parking spaces shall be provided within the parking structure per X
the 2001 FBC, Section 11-4.1.2(5)(a).
PARKS AND RECREATION
Comments:
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32. Impact fee: 80 multi family units (a)$656,OO each = $52,480,00 X
33. The design of the "greenway", proposed along the east property line shall be X
in conformance with the Greenways Standards. The "greenway" proposed
along the north property line shall resemble the "greenway" proposed along
the south propertY line of the Renaissance Commons master plan,
FORESTER/ENVIRONMENT ALIST
Comments:
34, The Landscape Architect should tabulate the total existing trees on the site. X
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed / replaced on
site, All desirable species of existing trees must be relocated rather than
removed if the trees are in good health. These trees should be shown by a
separate symbol on the landscape plan. [Environmental Regulations, Chapter
7.5, Article I Sec. 7,D.p, 2,1,
35. Staff recommends that, where possible, the applicant preserve all existing X
desirable trees that are located within the proposed landscape buffers.
[Environmental Regulations, Chapter 7.5, Article I See, 7.D,p. 2.].
PLANNING AND ZONING
Comments:
36. The project is subject to the limitations and timing at which development may X
proceed as outlined in the Palm Beach County Traffic approval letter or the
conditions contained within the CRALLS amendment upon its adontion.
37, All proposed buildings within the out-lots shall be at minimum 35 feet in X
height per Chapter 2, Section 5.H.4. Conditional use approval would be
required for each if less than 35 feet in height. The east elevation of
Buildings "K" and "I" (at the peak of the roof) would be 47 feet in height
while the peak of the decorative tower would be 74 feet in height. Although
the developer's intent was to meet the SMU minimum building height
requirement along Congress A venue, the plans would in fact, require
conditional use approval because the proposed structure exceeds the 55-foot
threshold of the SMU zoning district. Therefore, at the time of permitting,
the decorative tower height shall be reduced to 55 feet or conditional use
approval would be required prior to the issuance of any buildin~ permits.
38. Provide floor plans (sized 24 inches by 36 inches) of all buildings proposed X
on the out-lots (Chapter 4, Section 7.). If lots will be site planned in the
future, then the Design Manual shall be approved to ensure architectural
consistency (including building colors and signage) between the out-lots and
the main parcel.
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39. This project would require a total of 950 parking spaces, The plans would X
provide for 719 surface parking spaces and 222 parking garage spaces for a
total of 941 parking spaces, a deficiency of nine (9) spaces. However, the
intent is to share the excess parking with the C-3 parcel (Boynton Town
Center proposed directly to the south). The Master Site Data Plan indicates
that the Boynton Town Center Plan has an excess of 43 parking spaces,
Therefore, a cross parking / cross access agreement would be required at the
time of permitting.
40. The parking required for the 80 residential units would be 149 spaces. These X
parking spaces would occur within the four (4)-level parking garage, As
previously mentioned, the parking garage would contain 222 spaces. This
surplus would be more than enough to accommodate the needs of the
residents, However, should the developer choose to limit the access to certain
levels of the parking garage, the developer should ensure the availability of
these spaces for the residents of the apartment building.
41. The ledger sized colored renderings show that many of the buildings would X
have awnings but the site plans of Building "L" does not show their extent
beyond the building line, At the time of permitting, please revise the plans of
Building "L" and show the extent of the awnings. Staff recommends utilizing
a dashed line to depict their extent. -
42. On the site plan tabular data, indicate the proposed floor-area-ratio (excluding X
the garages) to ensure compliance with Chapter 2, Section 5,H.4. This
statistic is based on the entire SMU parcel and should include the other
developments proposed within the SMU zoning district. Don't just provide
data for just this portion of the entire project.
43. At the time of permitting, all elevation pages shall indicate the exterior X
finishes, roof material, paint manufacturer's name, and color codes. Staff
recommends using a color schedule (Chapter 4, Section 7.D.). Also, provide
color swatches and awning samples,
44, The intent of the SMU zoning district, where possible, is to border or wrap X
the garage in storefronts and other permitted habitable floor area so as to
disguise the garage and create continuity III street-level activity by
maintaining interest for pedestrians and passing automobile traffic. Principal
structures that include parking garages shall be designed to blend the
architecture of the garage with the remainder of the structure or adjacent
buildings. Portions of freestanding parking garages that are not screened with
habitable space and are in view from the general public shall utilize design
measures such as shutters, planter boxes, tall landscaping, etc. to soften their
impact (Chapter 2, Section 5,H.7.b.). Staff recommends that in addition to
the series of arches proposed at ground level, a series of stucco openings
emulating windows shall be added to the 200 level. These openings shall be
centered over the ground level arches. This wall treatment would give the
parking deck less of a utilitarian facade and more of a residential flavor. In
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addition, staff recommends adding plant material to the north side of the
parking deck in order to help break up that fayade,
45. The intent of the landscape code is to screen vehicular use areas (drive aisles X
and parking lots) from roadways and abutting properties, Landscape buffers
adjacent to roadways (internal and extemal) should contain two layers of
plant material. The first layer shall be a combination of colorful groundcover
plants and a minimum of two colorful shrub species planted in a continuous
row. The next layer shall consist of a continuous hedge or decorative site
wall. The continuous hedge (2"d layer) shall be a minimum of 24 inches in
height, 24 inches in spread and planted with tip-to-tip spacing immediately
after planting. This hedge shall be maintained at four (4) feet. Also, within
these buffers, the proposed trees shall be spaced at maximum 30 feet apart
from each other (Chapter 7,5, Article II, Section S.D.). The landscape buffer
along Congress A venue shall have the same quantities, and species of trees
but different species and configuration of plant material proposed within the
Renaissance Commons project (Chapter 7.5, Article II, Section 5.Q.). The
City Forester will coordinate this effort with the project landscape architect
during the permitting process.
46. No shrubs are proposed in front of any of the buildings, Staff recommends X
installing decorative 45-gallon planters in front of the buildings to help soften -
the hardscape surface,
47. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X
inches in spread, and planted with tip-to-tip spacing measured immediately
after planting to adequately cover the planted areas on the site (Chapter 7.5,
Article II, Section 5.C.4.1.
48. Staff recommends submittal of a master sign program that shows the number, X
location, dimensions, exterior finish, and color(s) of all signs (Chapter 2,
Section 5.H,9.). The sign program would address all types of signs, including
commercial wall signs, identification signs, residential subdivision signs,
+freestanding monument signs, canopy signs, way-finding signs, directional
signs,C and all other SIgnS as regulated by Chapter 21 of the Land
Development Regulations, Provide a detail of any proposed outdoor
freestanding monument signs and indicate their setback from the property line
(minimum 10 feet), and include the sign area, dimensions, exterior finish, and
letter color(s) (Chapter 4, Section 7.D,). The property line would be
measured from the edge of the right-of-way line for the Spine Road.
49. Ensure that all buildings maintain a front yard build-to line (along Congress X
Avenue) at no more than 90 feet, inclusive of the 25-foot wide landscape
buffer.
50, The building proposed within the out-lot (Building "L") located at the X
northwest corner of the SMU project should contain a more "substantial"
building than the other out-lots immediately to its south. The surrounding
condominium and townhouse buildings should not dwarf this DroDosed
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commercial building. This building should anchor and be similar (in size) to
the building proposed within the southwest out-lot, proposed in the C-3
parcel. Stand-alone buildings are discouraged by the SMU zoning district.
Building mass can be increased by building size or through architectural
design without increasing area.
51. The bridge over the C-16 Canal offers the opportunity for a signature feature; X
please consider. Also, please include an 8-foot wide multi-use path on this
bridge to connect the greenway paths of the Renaissance and Village projects;
coordination with others should achieve consistency in design,
52. Staff recommends adding / repeating signature features at both sides of the X
main street entrance (along Congress Avenue) and at the northeast corner of
the greater proiect (at Old Bovnton Road),
53, Improve the pedestrian link at the main street entrance between the Congress X
A venue sidewalk and the pedestrian system that should be in front of the
main street buildings. Enhancements are only shown on colored Master Plan
document but absent on site plan set. Revise plans accordingly. --'^'--,-_..-,._-
54. It is staff's intent to create a park-like boulevard effect for the Spine Road. X
This would be best achieved by incorporating canopy trees into the design of
the roadway (as was done in the Renaissance Commons project) thereby
maintaining consistency of plant material proposed on within the right-of-way
of the two projects. The Renaissance Commons project proposed Live Oak
trees along the Spine Road, In this project, the Foxtail palm trees proposed
along the Spine Road would be inconsistent and disjointed from the
remaining portions of the roadway. Therefore, at the time of permitting, staff
recommends substituting the proposed Foxtail palm trees with oak trees
(alonl! the Spine Road) to maintain consistency between the two nlans.
55. Regarding discrepancies between site plan set and master plan pages, existing X
at time of approval, all pages will be considered part of approval, thereby
incofDoratinl! all details (i,e, pedestrian enhancements) into the annroval.
,
56. Staff has concerns with the lack of information regarding the future build-out X
of the out-lots, Staff wants to ensure consistency and compatibility between
the out-lots and the main parcel with special emphasis on architectural design,
project signage, landscaping, and building colors, Therefore, staff
recommends the following:
Creation of a Design Program that includes but is not limited to architectural
design, signage, landscape, and building colors for each out-lot and its
relationship to the principle buildings. The design of these out-lots are
incomplete at this time and each out-lot would require separate site plan
review. However, for all intents and purposes, landscaping is one of the only
key elements of the site plan missing for Building "L", Therefore, staff
recommends that foundation landscapinl! (with trees) be installed alonl! the
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north, south, and west sides of Building "L", unless the developer chooses to
site plan Building "L". All other out-lots would require separate site plan
review and approval. This would apply to Out-lots "5" and "6",
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
57. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
58. To be determined. ~
MWRJelj
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