The URL can be used to link to this page

Agenda 02-28-12 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, February 28,2012 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from January 24, 2012 meeting 5. Communications and Announcements: Report from Staff 6. New Business: A.1. Seabourn Cove Phase II (REZN 12-001) - Approve request to replace an expired Planned Unit Development (PUD) master plan for 121 townhome units with a new PUD master plan consisting of 148 multi-family rental units, located on the west side of South Federal Highway, east of Old Dixie Highway. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc. A.2. Seabourn Cove Phase II (NWSP 12-001) - Approve new site plan request for 148 multi- family units (rental apartments and townhomes) in 14, 3-story buildings, and associated recreational amenities and parking areas on 7.40 acres, located on the west side of South Federal Highway, east of Old Dixie Highway, in a Planned Unit Development (PUD) zoning district. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc. B.1. LDR Matrix and Notes Modifications (CDRV 12-002) - Approve modifications to the Land Development Regulations (LOR) "Matrix and Notes" to include "Schools in Planned Unit Development (PUD) zoning districts"; "Accessory Commercial Uses in the Recreation (REC) zoning district"; and "Clarification of rules applicable to commercial components of Industrial Uses". Applicant: City-initiated. 7. Other 8. Comments by members 9. Adjournment The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty 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 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 Planning and Development Board Meeting Agenda January 24, 2012 Page 2 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 TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Documentll MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JANUARY, 242012, AT 6:30 P.M. IN THE CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Matthew Barnes, Vice Chair James Brake Sharon Grcevic Brian Miller Mike Rumpf, Planning and Zoning Director Stacey Weinger, Board Attorney ABSENT: Cory Kravit Vince Piraino, Alternate 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:33 p.m. Ms. Grcevic led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Motion Mr. Miller moved to approve the agenda as presented. Mr. Brake seconded the motion that unanimously passed. 4. Approval of Minutes from November 22, 2011 meeting Motion Vice Chair Barnes moved to approve the minutes. Ms. Grcevic seconded the motion that unanimously passed. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director[ reported there were no items on the last two City Commission agendas. He announced Mr. Kravit contacted him indicating he could not be present for the meeting. He also distributed the "Commissioners Journal" to the members. The publication was published and written by the American Planning Association[ and it covered state and national topics. He pointed out information on Land Use Law. A copy of the Journal was not provided to the Secretary. Attorney Weinger administered the oath to all those intending to testify. 6. Old Business: A.l Electric Vehicle (EV) Infrastructure (CDRV 12-001) - Approve request to modify the Land Development Regulations (LOR) to 1) create provisions in the supplemental (zoning) regulations for electric vehicle (EV) infrastructure; 2) create new definitions pertaining to electric vehicles and infrastructure and amend the existing definition of minor automobile repair to include batter exchanges for electric vehicles: and 3) create provisions for signs commonly associated with EV infrastructure. Applicant: City- initiated. Eric Johnson, Planner[ explained staff had presented the proposed Ordinance at the November meeting and several issues arose. The Board tabled the item[ and staff addressed the Board's questions and concerns in a memo contained in the meeting material. Mr. Johnson expressed staff felt the Ordinance was good for the City and the public. A slide show of signage associated with charging stations was viewed[ and Mr. Johnson commented the signs would meet the Municipal Uniform Traffic Control Device (MUTCD) standards. Electric Vehicle signage from Delray Beach, installed by the City of Delray Beach[ was reviewed[ and it was noted the Level II Charging Station was protected by bollards. Level I charging could occur any home garage. A Level III charge[ known as a DC Fast Charge, was reviewed. Mr. Johnson pointed out staff removed language exempting them from site plan review when located within an existing parking space. The Board discussed[ with regard to non-residential uses in allowable locations[ any parking stall with EV charging was allowed to be used in the computation for meeting the minimum number of off-street parking spaces and staff removed the multi-family residential component. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 Mr. Johnson noted the omission of the letter "c" on page 9 of the memo would be inserted prior to presentation to the City Commission for approval. The major change was staff added the language ". .. its associated equipment and power cords cannot traverse sidewalks, accessible routes, or other pedestrian areas." Staff did not want to create impediments to pedestrians or those in wheelchairs. At the last meeting, there was a concern about EV charging stations public rights-of- way, and more specifically, those proposed by vendors. Staff rewrote the language so that if a vendor proposed anything in the City, it would go through all the processes it needed to including permitting, agreements and contracts with the City, and ultimately the City Commission would be in charge and have the authority to approve the request. It would not be an arbitrary decision made by staff through a right-Of-way permit. It would not be a long process, but it would be one identifying it was exactly what was wanted. The last page discussed signage and included examples of what the signs would look like. Staff recommended approval. Motion Chair Saberson moved to remove from the table. Ms. Grcevic seconded the motion that unanimously passed. There was brief discussion Delray Beach and West Palm Beach did not have ordinances pertaining to Electric Vehicle charging stations. Boynton Beach would be the first to have provisions in its Code for them. Motion Mr. Brake moved to approve. Mr. Miller seconded the motion that unanimously passed. 7. New Business: A.1 Colonial Gateway Veterinary Center (MSMP 12-002) Approve request for major site plan modification to construct a 5,950 square foot addition to an existing 1,400 square foot veterinary office building for a total of 7,350 square feet on a 0.44 acre parcel located at 2235 North Federal Highway in the C-2 (Neighborhood Commercial) zoning district. Ed Breese, Principal Planner, reviewed the request as noted above and pointed out the property was on the west side of the railroad tracks just south of Gateway Boulevard. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 The project was designed to wrap around the existing office and add a partial second story to the building. The first floor would address the day-to-day operations including examination rooms, pet boarding, administrative areas and would consist of about 4,500 square feet of enclosed space. A covered dog run was proposed to extend seven feet to the west, or rear of the building and partially around the south end of the building. The second floor was designed for training purposes and would only be used after business hours. The site was subject to the Urban Overlay regulations designed to entice commercial development in a manner consistent with the development patterns of mixed-use parcels. The required setbacks would create an urban feel, resulting in a front setback of five feet from NE 21st Avenue, a fifteen foot setback from residentially- zoned property to the west, and a 3D-foot rear setback from the residential property to the south. The building would have smooth stucco exterior walls and blue standing-seam metal awnings, both of which would be subtly colored and compatible with surrounding properties. Thirty-nine percent of the property would consist of landscaped and open spaces. A type-two buffer between 12 and 15 feet, including a six-foot masonry wall with trees planted every 20 to 30 feet on center contingent on the degree of compatibility, would be used. The property to the south was a Planned Unit Development residential project. The south buffer has an existing six-foot tall masonry wall along the boundary and a six-foot tall SHver Buttonwood hedge on the residential side of the wall. The landscape materials induded Gumbo Limbo, Live Oak, and Clusea trees planted every 12 to 15 feet on center along the south perimeter, order to provide a denser buffer above the height of the six-foot wall. The expanded building would be situated a minimum of 42 feet from the south property line and the pool equipment enclosure would encroach slightly into the landscape buffer. There was a dry retention area immediately south of the perimeter wall within the residential community, which put the closest residential structure about 60 feet from the wall, and about 100 feet between the expanded clinic and closest residence. The Code allows for a reduction in the buffer requirements for existing landscaping on the adjacent property or increased density and screening materials. The landscape plan had buffer trees closer than the required 20 to 30 feet and there was a six-foot hedge on the exterior of the wall on the residential side. There was a considerable building separation between the clinic and the closest residence, and a partial reduction in the buffer width for the mechanical equipment appeared justified. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 To the west was a multi-family, residentially-zoned property, used as the VFW meeting hall, which was a compatible use with the clinic. The landscape plan provided for 15 feet of building separation from the wall and the applicant would provide a six-foot masonry wall to match the one on the south perimeter. It would meet all the requirements of the type-two landscape buffer, with the exception of the hedge on the exterior of the wall. The applicant agreed, as a condition of approval, to plant buffer trees every 12 to 15 feet on center to match the south landscape buffer. Staff recommended approval of the landscape plan submitted by the applicant with that condition of approval. It was a better buffer than the Code required. For the Art in Public Places requirement, the applicant was considering using an artist to work with a decorative balcony railing fabricator. Staff reviewed the request for the Major Site Plan Modification and recommended approval with the conditions noted in Exhibit C. Mr. Miller inquired if any incineration would occur on site. Vice Chair Barnes noted the space on the southwest corner to accommodate the generator backup and pool equipment might be better on the southeast part of the site. He inquired how often the generator backup would be used and in what situations. He also inquired about walking and running dogs at night or in the early morning. Mr. Breese responded there was a large outdoor area behind the building that would be used to train the animals. It was one of the reasons the applicant tried to maximize the outdoor space. It had a six-foot buffer wall and trees densely planted to mitigate any sound. Jim Rogers, 8192 SE Cumberland Circle, Hobe Sound, Florida and Rob Martin, the owner of the practice, 8911 Rockridge Glen Cove, Boynton Beach, were present. Mr. Martin responded to the Vice Chair's comments regarding relocating the pool equipment due to noise and explained that a screening wall would need to be installed which would become an issue with parking space no. 15. The generator backup box was only for hurricanes and would probably be set on a schedule each quarter. When it was run, it would be limited by Code to certain hours of the day. The pool pump would also be on a schedule so it would not run continuously and it would be on only during office hours. The pool was an endless pool which simulates a beach entry that allowed dogs to walk into the pool and exercise. He also noted surrounding property owners may have their own pools, from which some noise would radiate. While there would be overnight stays, no animals would be in the yard outside of regular business hours which were approximately 8:00 - 8:30 a.m. to 5:30 - 6:00 p.m. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 Mr. Rogers commented staff would do all it could to mitigate noise. No incineration would occur on the property. They were in agreement with all the conditions of approval. Discussion followed the building was beautiful and great for the area. Dogs would be trained for rescue and other types of services and the upstairs of the facility would be used by trainers to train the animals after hours. In response to an inquiry from a Board member, Mr. Martin explained he has been in practice for 25 years, purchased a home Boynton Beach in 2004, and bought this practice from Dr. Burton in 2008. Motion Mr. Miller moved to approve. Mr. Brake seconded the motion. Chair Saberson opened the public comments. Kirsi Proctor, 2202 NE 4th Street, residing just west of the Veterans Post, agreed the building was beautiful and the facility would improve the area. Her concern was that she was already hearing some dogs barking. She assumed with the newer building code, it would not be an issue and she clarified she only hears the dogs barking when she is by the pool. Mr. Martin noted the current building was very old. The windows were bad and were covered by metal. The new building should be exponentially more soundproof than what was currently there. They would do everything they could to mitigate the sound. Tony Mauro, 2611 Lake Drive North, and owner of property located at 558 Gateway, was in favor of the project. There was brief discussion if there was an issue with noise, residents could call the police. Chair Saberson requested the motion be revised to include the approval was subject to all recommended conditions of approval. Motion Mr. Miller amended his motion to approve subject to all conditions of approval. Mr. Brake agreed to the amendment and the motion unanimously passed. Mr. Rogers stated they would like to start within two weeks. 8. Other 6 Meeting Minutes Planning and Development Board Boynton Beach, FL January 24, 2012 None. 9. Comments by members Mr. Miller had questions for his own edification pertaining to new construction and South Federal Highway. He inquired about the lack of lighting on a half-mile stretch of the road. Mr. Breeze explained the roadway was a Department of Transportation right- of-way and they were responsible for lighting it. Once development occurred, lighting would likely be added and Mr. Breese agreed to speak with the City Engineer about it. Mr. Miller also asked about the status of the Cuthill's project. Mr. Breese responded it would be a restaurant/bar with food. 10. Adjournment There being no further business to discuss, Mr. Miller moved to adjourn. Mr. Brake seconded the motion that unanimously passed. The meeting was adjourned at 7:13 p.m. Catherine Cherry~ Recording Secretary 012612 7 TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 12-006 STAFF REPORT Chair and Members Planning and Developm t Board Michael W. Rumpf Director of Planning and Zoning Kathleen Zeitler Planner If February 16, 2012 Seabourn Cove Phase II J REZN 12-001 Request for master plan approval to replace an expired Planned Unit Development (PUD) master plan for 121 townhome units with a new PUD master plan for 148 family rental units. PROJECT DESCRIPTION Gulfstream Gardens Phase II, LLC Bradley Miller, Miller Land Consultants, Inc. West side of South Federal Highway, east of Old Dixie Highway, at Miller Road (see Exhibit "A" - Site Location Map) Special High Density Residential (SHDR) with a maximum density of 20 dwelling units per acre (20 duJac) Planned Unit Development (PUD) with an expired master plan for 121 fee-simple townhomes, recreation area, and related site improvements No change proposed to land use classification Planned Unit Development (PUD) with a new master plan for 148 multi-family rental units, recreation area, and related site improvements Multi-family residential (rental apartments and townhomes) within 14 3-story buildings and associated recreational amenities and parking. 7.40 acres (322,344 square feet) File Number: REZN 12-001 Seabourn Cove PUD Ph II Page 2 Adjacent Uses: North: South: East: West: Northwest are developed single-family lots located in unincorporated Palm Beach County with a Medium Residential (County MR-5) land use classification and zoned Multi-family Residential (County RM). Northeast is undeveloped property that was approved for Baywalk IPUD (plans expired), with a Special Density Residential (SHDR) land use classification and zoned Planned Unit Development (IPUD); Southwest is partially developed property with a General Commercial (GC) land use classification and zoned General Commercial (C-4). Southeast is the Bayfront town home development, with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); Right-of-way for Federal Highway, then farther east is the Waterside townhome development, with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); and Right-of-way for Old Dixie Highway, then farther west is right-of-way for the Florida East Coast (FEC) railroad. BACKGROUND The subject property consists of 7.4 acres zoned Planned Development (PUD), extending between Old Dixie Highway and South Federal Highway approximately one-quarter (1/4) mile north of Gulfstream Boulevard, within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. In January, 2006, the City Commission approved annexation (ANEX 05-005) of the subject property; abandonment (ABAN 05-008) of a portion of Miller Road; and a land use and rezoning (LUAR 05-014) in addition to development orders for a new master plan and site plan (NWSP 05-031) for a multi-family project on the subject property. The prior approval on the property was a project known as Palm Cove PUD. This was a redevelopment project approved for 121 fee-simple townhouse units with a density of 16.34 dwelling units per acre, recreational amenities, and related site improvements (see Exhibit "8"- Expired Master Plan). A minor site plan modification (MMSP 06-017) was subsequently approved, as well as site plan time extensions in 2007 (SPTE 07-008) and 2008 (SPTE 08-008). However, the development orders expired due to noncompliance with conditions of time extension approval that required specific interim landscaping and fence screening improvements along Federal Highway to be completed within ninety (90) days of City Commission approval. The subject property has since remained undeveloped during the economic downturn. The property owner of the Gulfstream Gardens multi-family residential project, now known as Seabourn Cove Phase I, located to the south of the subject property, has purchased the subject property and plans the same type of multi-family development for Seabourn Cove Phase II. As part of this request for rezoning (REZN 12-001), the applicant is proposing a new master plan for 148 multi-family rental units with a density of 20 dwelling units per acre, recreational amenities, and related site improvements (see Exhibit "e" - New Master Plan). In addition to rezoning, a new site plan (NWSP 12-001) is proposed all applications being processed concurrently. File Number: REZN 12-001 Seabourn Cove PUD Ph II Page 3 MASTER PLAN DESCRIPTION The land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Planned Unit Development (PUD) district. The Master Plan (sheet MP-1) proposes a multi-family residential development with a total of 148 units at the maximum density of 20 dwelling units per acre. The dwelling units are located within 14 separate 3-story buildings which are the same building types currently under construction in Seaboum Cove Phase I. The proposed dwelling units, many of which will be handicap-accessible, would be rental apartments that could convert to condominiums in the future. In addition to the residential buildings, recreational amenities such as a clubhouse, pool, and pool gazebo are proposed. The total gross building area proposed on site is 205,816 square feet. A total of 278 parking spaces, including 52 garage spaces and seven (7) handicap-accessible spaces, is proposed on site. Also proposed for the project are meandering walkways, open space areas, trellises, benches, and bike racks to provide pedestrian connectivity and additional amenities for residents. REVIEW BASED ON CRITERIA The criteria used to review a rezoning request are listed in the land Development Regulations, Chapter 2, Article II. Section 2.0 "Rezoning, Including Master Plan". These criteria are required to be part of a staff analysis when the proposed change _ includes either a rezoning or an amendment to the Comprehensive Plan Future Land Use Map. The proposed zoning district (PUD) is the same as the existing zoning district (PUD), and the rezoning process is necessary only to implement a new master plan. No change is proposed to the Special High Density Residential land use classification of the subject property, as the proposed density is consistent with the maximum allowed under the current classification of the subject property. The rezoning review criteria (consisting of factors such as consistency with the Comprehensive Plan policies, land use pattern, availability of public services, and compatibility with adjacent properties) were originally reviewed in 2005 when the subject property was rezoned to PUD (lUAR 05-014) for the proposed Palm Cove development. There have been no changes that warrant the need for addressing each of the review criteria again; therefore they are not beneficial to this type of application. RECOMMENDATION Staff has reviewed the proposed rezoning and found it consistent with the Comprehensive Plan objectives and policies, and consistent with the established land use patterns. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\REZN 12-001\Staff Report Rezoning.doc 270 135 0 I 270 540 ~ J....... (J ~ J....... ~ 810 J8G Feet ~ e e '0 '0 H~ i ~ i " z w 0 ~@)16~-'-Di< g ~~ d ~. . . ~ ". ~-.- - 3~ I; ~i ~~.. . It. ...... !lI........ ~ ~n; .0 ~~ 00.. . .. ~~ ~.oo . ~~" . ..~ I ic ~ I ~ m: ~n ~~~ ~ ~~~~ !~! ~ ~~:; in ~ ~~~~ . ~ ~ ~ ~ ~. H[:J~ i :!~ ~~ ~~ ~,:", :l ~:iI~:;:;......~ " ~~. ~~~ ~"'. ... <II"" lilt,... ~ ~ ~~~ ~~ 1:1 i:lIi!e ~ .il ~", <!i~ ~ ~-s~ ~ f .il~- c g]~~ \i!c ';:;olI!lI1~~g~ ~.~~ ~'...~~ .m~~~.~~~ '!ii.::;.~ ~:~~~~.~ ii~~~~'o!o ~~_". o~,.. "~. <"'~~~I.I ~"a. ~~e~m. ~.~~:.~~~ \i! I. \i!~lll~~jf~.f ti~~~lh!H! i ~i ~j " . ~ . . . ~ .. 3 " ~ ~ g~~ .. 0 ~ . ~ .. ~~ . j~! ..- s ~~~ ". ~- OJ!S!!l ." ~, ~~~ ~~ ~~i ~ ~ ~~~~ 3~ ,. ~i . U . ~'i::l ~~ ~~~ " ., . ... i t' " ~h~ .. <' .~ E~ "0 ~~~ ~ g . U i~ ~ oC , . 88 ~:: 1: ~~ ". ..~ .. m . ~l ,~~ . I~ ~. 1:;:3 8lrl:s i~ ~!ig~ ~~ ~~ ill '0 !I~! ~~ .. ltltlt ... ~~~ Iii J~~ ; s:t:tlt l'! vo;Lj7-o;9L-I'S6 :xv~ _ 'l:'l:v6-'l:v6-tS6 :Hd v90'l:'t .I~ '4:>oa8 OlJodwOd. "fX] llnUEIA'v" SM""PU'V y+'ON Oft" 9<;17981 'oN uO!+DZ!.JOI.Hn'i7 J-o g~Oo!J-!~--,e::> NVld l:HLSVV\I aNINN'nd I 5 ] 1 'If I J 0 S S 11 :JSl ONI"'",' SOlOl:IQ '"I:.D'1rC'ill ONliJ33NION3 HVHS \1~ \10ldOl..:l 'MNnOJ HJ\138 ~l\1d 'HJ\138 N01NJD8 ..:10 MIJ II 3SVHd 3^OQ Nl::ln08V3S m"':.. c Co . ,,1J~ :::; ~:lj.~~ ... ~ ~~!3 ~ ~.~ I; " I 1~j]O:": . ~ ~~~ ~.~I ;~!~ ~ 'eo "" o o <i. ~ d. ~Oi:i::E 'S Vi ~ I ~ ~ ! III i il i ij I~~ ~ t~ ~1 s,~ !Uf ~iih rl~~ 1i;11 ~h It ~H~! ~J~J~ ~ ~i~ , i,,~h 5'~!~ ;~:I < I '1:l '4::1""'11 UOjl1Aog ~ II- ffi U;; SUepJ08 WOeJ+sJln8 r ~ l~ - II- .. ~ r ~ Iii 4 i~ ~ -- 'il~ ~!l!a. ~ ;U I I A ! ~ , .. R ~ . , ! UI U.m I":: jo ;!~~~~ 11 rl ~;i !t .~ .~. . I.~~ll I I !l~'" .. .2 ._h i lID ~!~:!J~ 11 8 Ij ~im i ~ ~ I n~ I i~fi ~laan: ..a u ii 3 ~ ~4 ~ 1 ! ~ - . ~ AlHlIl!In -di liJ: ii n .~ ; )..1 .,. M ~ ~~ ==-~ '"--- ""'MJ.JD,H --___31X1a cno --------- O~7~ . -----__ - ==0 - ~ -4'1>00 ""8Io!f _ 1r"Cmto7.,,<' --= a. ~ -=-1. ~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 12-007 STAFF REPORT TO: Chair and Members Planning and Devefop;:rnt Board and City Commission Michael W. RumPf/~ Director of Planninfand Zoning THRU: FROM: Kathleen Zeitler Planner II DATE: February 22, 2012 Seabourn Cove PUD Phase II (NWSP 12-001) PROJECT NAME: REQUEST: New Site Plan for 148 multi-family rental units and associated recreational amenities and parking areas PROJECT DESCRIPTION Property Owner: Gulfstream Gardens Phase II, LLC Applicant: Gulfstream Gardens Phase II, LLC Agent: Bradley Miller, Miller Land Planning Consultants, Inc. location: West of Federal Highway, East of Old Dixie Highway, in the vicinity of Miller Road (see Exhibit "N - Site Location Map) Existing land Use: Special High Density Residential (SHDR max. 20 du/ac) Existing Zoning: Planned Unit Development (PUD) with an expired master plan for 121 fee-simple townhomes, recreation area, and related site improvements Proposed Land Use: No change to land use proposed Proposed Zoning: Planned Unit Development (PUD) with a new master plan for 148 multi- family rental units, recreation area, and related site improvements (see REZN 12-001) Proposed Use: Multi-family residential (rental apartments and townhomes) totaling 14 3-story buildings, and associated recreational amenities and parking areas Acreage: 7.40 acres (322,344 square feet) Staff Report (NWSP 12-001) Seaboum Cove PUD Phase II Memorandum No PZ 12-007 Page 2 Adjacent Uses: Northwest is Miller Road, a shellrock private road easement, and farther north are developed single-family lots located in unincorporated Palm Beach County with a Medium Residential (County MR-5) land use classification and zoned Multi-family Residential (County RM). Northeast is 2.26 acres of undeveloped property with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD) that was previously approved as Baywalk (site plan expired); South: Southwest is developed property (church) on 0.68 acres with a General Commercial (GC) land use classification and zoned General Commercial (C-4). Southeast is Bayfront, a 48-unit townhouse development on 2.46 acres, with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); East: Right-of-way for Federal Highway, then farther east is Waterside, a 113- unit townhouse development on 7.29 acres, with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); and West: Right-of-way for Old Dixie Highway, then farther west is right-of-way for the Florida East Coast (FEC) railroad. Site Attributes: The subject property is comprised of approximately 28 assembled parcels totaling 7.40 acres that are now under single ownership. Prior to construction of the proposed project, a recorded Unity of Title combining all the parcels will be required at the time of permitting. The subject property lies within Study Area V of the Federal Highway Corridor Redevelopment Plan, which earmarks the site for higher residential densities (20 dwelling units per acre maximum). The survey shows the eastern portion of Miller Road (approximately 450 feet in length) that was abandoned per Ordinance 06-007 upon annexation of the subject property for development of the previously planned Palm Cove PUD. The western portion of Miller Road has remained as a shellrock 30 foot private road easement that serves as access to three (3) single-family residential unincorporated lots to the north. The survey indicates two (2) public utility easements of three (3) feet in width, one of which traverses the middle of the site and will be required to be abandoned prior to redevelopment of the subject property. The site contains heavy underbrush in some areas, and contains a mixture of trees such as Pine, Mango, Royal Poinciana, Yellow Tabebuia, and various Palms that will be either removed or relocated. Staff Report (NWSP 12-001) Sea bourn Cove PUD Phase II Memorandum No PZ 12-007 Page 3 PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject property were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance Ordinance No. 04-007. Proposal: Concurrency: Traffic: School: Utilities: BACKGROUND Bradley Miller with Miller Land Planning Consultants, Inc., agent for the applicant, is proposing a new site plan for 148 multi-family units (rental apartments and townhomes) in 14, 3-story buildings, and associated recreational amenities and parking areas on a total of 7.40 acres. The land use classification of the subject property is Special High Density Residential (SHDR) which allows a maximum of 20 dwelling units per acre. The applicant is proposing the maximum density allowed. The proposed project would be constructed in one (1) phase and includes the same building types as constructed in Phase I of Seabourn Cove PUD to the south (formerly known as Gulfstream Gardens Phases 1 and 2). In addition to this request for a new site plan, the applicant is also requesting a concurrent rezoning (REZN 12-001) of the subject property to implement a new master plan. Therefore, approval of the new site plan (NWSP 12-001) is contingent upon approval of the corresponding request for rezoning (REZN 12-001). ANALYSIS A traffic study was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has not yet approved the proposed development for traffic concurrency, however the project is located within the designated Coastal Residential Exception Area and, therefore being a residential property, is exempt from concurrency analysis. When obtained, the traffic concurrency approval will be considered valid until the designated build-out year. The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed 148 dwelling units with their families. The project is located within Concurrency Service Area 19. The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Staff Report (NWSP 12-001) Seaboum Cove PUD Phase II Memorandum No PZ 12-007 Page 4 Police/Fire: Drainage: Access: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. The proposed development of luxury rental apartment and town homes would be gated for privacy. One (1) main point of ingress/egress via a right-in, right-out driveway connection to Federal Highway is proposed. The site plan (sheet SP-1) shows that there are two (2) lanes for ingress into the subject property, and one (1) egress lane to exit, separated by a densely landscaped median 14 feet wide and approximately 100 feet long. All ingress and egress lanes are 12 feet wide. The left ingress lane includes a call box for visitors to gain entry through the gates, and the right ingress lane serves as a bypass lane for residents. A queuing area 86 feet long is provided from the access at Federal Highway to the call box, allowing for the stacking of several vehicles on-site. Past the median is a proposed one-way roundabout flanked on the north and south by an access gate and card box that would allow residents entry into the development. The 24 foot wide roundabout would also serve as a vehicular turn-around area for drivers that can not enter through the security gates. The egress lane guides vehicles exiting with right-turn (south) traffic movements onto Federal Highway. The plans also show a 12-foot wide emergency access point from Old Dixie Highway near the southwest comer of the site. This stabilized sod access route would be gated and used for emergency purposes only if the main entrance is obstructed. Vehicular circulation within the development is provided through private drive aisles generally proposed in an east - west direction. Each two (2)-way drive aisle would have 12 foot wide travel lanes, which would conform to current engineering standards. Some residents would access their garages via these drive aisles, while other residents without a garage would access parking spaces near their residential building. The sidewalks are proposed separately from the vehicular use areas, and provide pedestrian connectivity throughout the site. Four (4) foot wide sidewalks meander through the development and provide pedestrian access to amenities such as the recreation building, pool, poolside gazebo bar, mail kiosk, and trellises. The sidewalks lead to a landscaped walkway within the swale area of the Old Dixie Highway right-of-way, extending south to connect with the Seabourn Cove Phase I development. To engage the street, residents of Buildings 1 and 2 would have use of walkways and gates at the rear of their units for pedestrian access to Federal Highway. Staff Report (NWSP 12-001) Sea bourn Cove PUD Phase II Memorandum No PZ 12-007 Page 5 Parking: Both garage and surface parking spaces are proposed that exceed the minimum amount of parking spaces required for the development. One (1)- bedroom dwelling units require one and one-half (1.5) parking space per unit. Two (2) and three (3)-bedroom dwelling units require two (2) parking spaces per unit. The project proposes 96 one (1 )-bedroom units, and 52 two (2)- bedroom and three (3)-bedroom units. The recreational amenity area requires 0.15 per unit for guest parking. A minimum total of 271 parking spaces are required. The floor plans show that some units would have a one (1 )-car garage for a total of 52 parking spaces. In addition, the site plan shows 130 parking spaces with the option to cover, 31 regular parking spaces, 7 parallel parking spaces, and 5 recreation building spaces, for a total of 277 total parking spaces (including 7 handicapped parking spaces), or an excess of six (6) parking spaces. Sheet A4.02 depicts the optional covered parking with a typical carport elevation. The floor plans show that the sizes of the one (1 )-car garages would vary between 249 and 305 square feet. The parking spaces would be dimensioned a minimum of nine (9) feet wide by 18 feet long. Landscaping: The landscape plan provides a complimentary mix of canopy trees and palms and exceeds the City's minimum landscape requirements. More than two and one-half (2 1/2) acres of the subject property would be set-aside as "green area". This pervious surface would account for 34% of the total site. The landscape plans propose buffers around the perimeter of the entire development; landscape islands throughout the off-street parking areas; foundation plantings around all building elevations; and extra landscaping within the swale area of Old Dixie Highway. The existing tree list (sheet L-6) indicates the site currently contains 101 trees, 71 of which will be removed from the site, for a total of 938 caliper inches to be mitigated. The remaining 30 trees will be relocated to other areas of the site. A total of 1,120 caliper inches is proposed to mitigate the 938 caliper inches to be removed. The mitigation trees are additional, and not included in the total number of trees proposed to meet minimum landscape code requirements. A minimum of 174 trees are required for this project based on the requirements of the landscape code. The plant list on sheet L-1 0 indicates that the project would have a total of 232 canopy trees, 408 palm trees, 8,709 shrubs, and 14,988 groundcover plants, in addition to the mitigation trees. 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 tree species would include the following: Green Buttonwood, Live Oak, Bald Cypress, Slash Pine, Glaucous Cassia, Silver Buttonwood, Ylang Ylang, Yellow Elder, and East Palatka Holly. Palm species would include the Green Malayan Coconut palm, Alexander palm, Sabal palm, and Montgomery palm. A specimen tree of at least 10 caliper inches is planned within the center of the roundabout as a focal feature at the project's entrance. Staff Report (NWSP 12-001) Seabourn Cove PUD Phase II Memorandum No PZ 12-007 Page 6 The site plan shows that Buildings 1 and 2 would be set back 15 feet from the east property line along Federal Highway. A minimum seven (7) foot landscape strip is required along Federal Highway and a nine (9) foot landscape strip has been provided. The landscape code requires a minimum of 12 trees (29 provided), a continuous hedge, and a layer of at least three (3) shrub species on the outside of the hedge, two (2) of which are flowering shrubs. This landscape strip abutting Federal Highway would contain a decorative six (6) foot aluminum fence with four (4) gates and walkways. Each unit adjacent to Federal Highway would have pedestrian access from the rear of Buildings 1 and 2 through the gates opening onto the sidewalks within the right-of-way, to allow for pedestrians to engage the street. A minimum five (5) foot landscape buffer is required along the south property line and a buffer width of eight (8) feet to nine (9) feet is provided. Based on the length of the south property line, a total of 30 trees are required in this buffer, and a total of 37 trees are provided with a continuous hedge. There is an existing six (6) foot buffer wall along the portion of the south property line adjacent to the Bayfront townhouse development. A connecting six (6) foot buffer wall is proposed along the remainder of the south property line adjacent to the church. A ten (10) foot wide landscape strip is proposed along the west property line adjacent to Old Dixie Highway. A six (6) foot masonry wall is proposed within this landscape strip. A total of seven (7) trees are required, and a total often (10) trees are provided, in addition to a continuous hedge and flowering shrubs. There are 33 extra trees, consisting of Sabal palm. Slash Pine, and Gumbo Limbo, proposed within the swale area of the Old Dixie Highway right-of-way adjacent to the west property line of the subject property. The first phase of Seabourn Cove located to the south has similar trees plantings within this right-of-way that were reviewed and approved by the Engineering Division of Pubic Works. A meandering five (foot) wide pedestrian path is also proposed, providing connectivity between both phases of the Seaboum Cove development. The portion of the north property line adjacent to single-family residential development requires a Type 4 buffer with an optional buffer wall. The landscape plan indicates 14 trees are required, and 23 trees are provided. The remainder of the north property line, adjacent to undeveloped property and with overhead power lines, provides the required 11 trees. A six (6) foot buffer wall and two (2) staggered rows of shrubs are also proposed along the north property line. All above-ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers would be visually screened with two (2)-foot high Redtip Cocoplum hedges. Each building would have landscape material proposed along all four (4) building sides. Select trees would be installed at half the building height. Staff Report (NWSP 12-001) Seaboum Cove PUD Phase II Memorandum No PZ 12-007 Page 7 Building and Site: A total of 109,532 square feet of residential building area is proposed. The 148 units are proposed within 14 separate buildings consisting of three (3) different building types, which are the same building types approved and permitted in Phase I of Sea bourn Cove PUD. The site plan indicates the 148 proposed units would include the following mix: 96 one-bedroom units, 38 two-bedroom units, and 14 three-bedroom units. Each Type I building would contain a total of 12 "A" units with one (1) bedroom, one (1) bath, and no garage. The Type I building is arranged with four (4) units on each of the three (3) floors. Each "A" unit would be 888 square feet under air, and a total of 975 square feet. There are a total of eight (8) Type 1 buildings proposed with a total building area of 13,368 square feet per building. Each Type IJ building would contain a total of eight (8) units consisting of six (6) units that are two (2)-bedroom, and two (2) units that are three (3) bedroom, and each unit would have a one (1 )-car garage. There are a total of five (5) Type II buildings proposed with a total building area of 14,764 square feet per building. Each Type III building would contain a total of 12 units consisting of eight (8) units that are two (2)-bedroom, and four (4) units that are three (3) bedroom, and each unit would have a one (1 )-car garage. There is one (1) Type III building proposed with a total building area of 22,344 square feet. Each Type II and Type III building would contain a mix of units identified as "B", "C", and "D", ranging between 1,687 square feet (1,268 square feet under air) and 2,103 square feet (1,540 square feet under air). Building Height: The maximum building height allowed in the PUD zoning district is 45 feet, not to exceed four (4) stories. All ofthe residential buildings will comply with the maximum height requirement for the PUD zoning district. Each of the proposed buildings is three (3) stories with total heights ranging between 31 and 34 feet, measured at the mid-point of the highest pitched roof. Setbacks: The minimum required perimeter building setbacks of a PUD are flexible except where adjacent to single-family residential zoning. The required perimeter building setbacks of the PUD must resemble the setbacks of the adjacent development based upon the orientation of structures where a PUD is adjacent to single-family residential zoning. Buildings 1-3 have a minimum setback of 15 feet (from Federal Highway, and the north property line adjacent to IPUD zoning). All other proposed buildings (4-14) would be located at least 50 feet from perimeter property lines. The maintenance building is set back 30 feet from Miller Road to mirror the 25 foot front setbacks of single-family residential uses to the north (across Miller Road). Both Phase I and Phase II of Seabourn Cove PUD are under the same ownership and will be maintained and managed by the same company. Both phases consist of luxury rental units which may in the future be sold as condominiums. If a conversion to condominiums occurs, the applicant's Staff Report (NWSP 12-001) Sea bourn Cove PUD Phase II Memorandum No PZ 12-007 Page 8 justification states that a condominium association be established and the condominium documents will prohibit individual pools, additions, or modifications to the patios, porches, or balconies (see Exhibit "B"). Staff has recommended as a condition of approval that this information be noted on the site plan at the time of permitting (see Exhibit "0"). Amenities: All of the proposed residential units will have access to recreational amenities through landscaped pedestian walkways that meander throughout Phase II and connect to Phase I. Amenities proposed for Phase II include a one (1 )-story recreation building of 2,492 square feet. The building will offer facilities for exercise, meetings, and social events. The recreation building will also have a large covered terrace and exterior barbeque area. A resort style swimming pool (approximately 2,000 square feet) and pools ide gazebo with a bar (400 square feet) are proposed to the rear of the recreation building. Also usable open space areas with covered trellises, benches, dog walks, covered bike racks, and picnic areas are proposed throughout the development. Design: The building design is identical to the approved and permitted buildings under construction in Seaboum Cove Phase I. The proposed three (3)-story buildings have a contemporary design with impact resistant windows, decorative shutters, balconies with decorative aluminum railing and sliding patio doors, smooth stucco finish, building score lines, S-tile roof, and a neutral color palette. The design, as proposed, would provide for a sense of separation between units and lessen the perceived density typical of multi- family developments. The applicant's justification states that they are in negotiations with the CRA for a DIFA agreement that will enable upgrades to energy, water conservation, and air quality features of the development. The significance of these upgrades, would enable this project to be the first ever "Gold Rated" National Green Building Standard ICC-700 rated apartment community in the City, and the largest Gold Rated apartment community in Florida. Some of the building features that would be proposed are as follows: 16 SEER air- conditioning systems; enhanced air filter systems; R-36 ceiling insulation; R- 7.2 wall insulation; low VOC flooring; low vac paints; recycled construction debris; CFL light fixtures; water conservation toilets; and low flow water fixtures, as well as drip irrigation systems. Lighting: The photometric plan (sheet PH-1) proposes 27 freestanding pole light fixtures 19 feet in height throughout the development. The plan demonstrates that lighting levels would be adequate and not "spill" over onto adjacent properties. Per the photometric plan, all proposed lights will be shielded to direct light down and away from adjacent properties and rights-of- way as required. Signage: A two-sided monument entry sign is proposed 12 feet from the east property line within the development's driveway median. The proposed sign identifies the name of the development with blue metal lettering ten (10) inches in height, the type of development, and includes a logo and the property Staff Report (NWSP 12-001) Seaboum Cove PUD Phase II Memorandum No PZ 12-007 Page 9 address. Sheet L-3 depicts the proposed monument sign and describes it as masonry with stucco, and painted to match the buidings. The sign itself is limited to five (5) feet in height and the columns can be one (1) foot more in height. The maximum sign face allowed is 32 square feet. The sign details on Sheet L-3 indicate the sign complies with these requirements. The sign will be externally illuminated from the ground with up-lighting. Public Art: The Developer's Agreement is currently being revised to address Phase II of Sea bourn Cove. If the agreement determines that this project is not exempt from the Art in pubric Places requirement, the applicant shall be required to demonstrate compliance at the time of permitting, as recommended by staff in the conditions of approval (see Exhibit "D" - Conditions of Approval). RECOMMENDATION Staff has reviewed this request for a new site plan and recommends APPROVAL, contingent upon the approval of rezoning (REZN 12-001) including a new master plan, and subject to satisfying all comments indicated in Exhibit "D" - Conditions of Approval. Any additional conditions recommended by the Board or the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\NWSP 12-001\Staff Report.doc 270 135 0 I 270 540 ~ J....... (J ~ J....... ~ 810 J80 Feet MILLER LAND PLANNING CONSULTANTS, INC. 1501 Corporate Drive, Suite 240 Boynton Beach, FL 33426 Phone II 561 .736.8838 Fax II 561.736.8079 PU II Original: January 4,2012 Revisions:January 31, 2012 Rezoning and Site Plan Application Project Description & Justification Statement Application ReQuest On behalf of Gulfstream Gardens Phase II, LLC, we respectfully request the review and approval of the applications for rezoning, Master Plan and Major Site Plan for Phase II of the Seaboum Cove (Gulfstream Gardens) multi-family residential community. This 7.4 acre property received approval for the existing Special High Density land use and was zoned to the Palm Cove PUD in 2006 but has never been developed. Gulfstream Gardens Phase II, LLC, has purchased the property and proposes a second phase of their Seabourn Cove development. Accordingly, this application requests the rezoning from PUD to PUD to implement the Seabourn Cove Phase II new Master Plan and a concurrent Site Plan for the proposed multi-family development. Proiect History This project was previously approved as a residential development called Palm Cove PUD in 2006. The approvals included Annexation, a Comprehensive Plan Amendment, Rezoning and Abandonment. The proposed residential community was comprised of 121 townhomes for a gross density of 16.35 dwelling units per acre which has now expired. Proiect Description The proposed development consists of 148 luxury multi-family units on 7.4 acres of land located on the west side of Federal Highway, north of Seabourn Cove, Phase I near the southern boundary of the City. The property is within the Community Redevelopment Area, has a Special High Density land use with a maximum of 20 dwelling units per acre and is presently zoned PUD for a multi-family residential project. The site is surrounded by the existing Bayfront multi-family development to the south, Federal Highway and commercial uses to the east, there is a vacant commercial parcel zoned C3 to the northeast, single family dwellings to the northwest zoned RM (Palm Beach County), and Dixie Highway and the FEC Railroad to the west. The developer is committed to improving the surplus right-of-way for Dixie Highway with pedestrian/golf cart paths and landscaping that will join the community. Both Phase I and Phase II is owned, maintained and managed by the same company and personnel for continuity. Both Phase I and Phase II residential units are rental units which may be sold as condominiums in the future as the property owner elects. If a conversion to condominium occurs, a condominium association shall be established and the condominium documents shall prohibit individual pools, additions, or modifications to the patios, porches or balconies. Phase I is under construction for 308 multi- Sea bourn Cove - Phase II Justification Statement January 4, 2012/ January 31 , 2012 2 family units and Phase II is a proposed continuation of the same development. Combined the two phases will provide 456 residential units to undeveloped land in the CRA. Phase II will consist of 14 buildings with three building types, which are the same as the approved and permitted buildings in Phase I. All of the buildings are 3 stories and will not exceed 45 feet in height. There are eight Type I buildings which consist of twelve units per building, five Type II buildings with eight units per building and one Type III building with twelve units. The Type I building units are all one bedroom units. The Type II and III buildings have a mix of two and three bedrooms. Overall, there will be 96 one bedroom units, 38 two bedroom units and 14 three bedroom units. Each of the two and three bedroom units has a single car garage. In addition to the garages there are 277 surface parking spaces which exceed the requirement of 271 spaces per unit including guest spaces. The surface parking spaces have been designed to accommodate structured carports in the future as approved by the existing development agreement. The building design as in Phase I will be contemporary with white single hung impact resistant windows, stucco score lines, horizontal sliding patio doors, decorative shutters, aluminum picket railing, S-tile roof and a neutral color palette. Each building design has already been mastered, permitted and approved for Phase I. Some of the amenities of the units are Energy star appliances, granite countertops, solid wood cabinetry, direct access from garage to unit, ceiling fans, balconies, porches. Every master bedroom has a vaulted ceiling and some of the larger units have two bedrooms with vaulted ceilings. The one bedroom units also have vaulted living room/dining rooms on the 3rd floors. In addition to the residential buildings, there is a single story 2,492 square foot recreational building. The building will offer facilities for exercise, meetings and social events. The exterior of the recreation building also has a large covered terrace and an exterior barbeque area. In conjunction with the recreation building, there is a resort styled pool area. All of the residential units have access to these recreational amenities through a lushly landscaped meandering sidewalk system connecting Phase I to Phase II throughout the community. Within the landscaped meandering sidewalk system there are a number of trellises, bike racks, dog walks, benches, barbeque areas and picnic areas. For the units abutting Federal Highway, pedestrian gates are provided so there is direct access to the public sidewalk on Federal Highway. The applicant is currently negotiating with the CRA for a DIFA Agreement which will enable the applicant to upgrade several of the energy and water conservation qualities as well as to enhance air quality measures for all residents within the community. By doing so this would be the first ever "Gold Rated" National Green Building Standard ICC - 700 rated apartment community in the City of Boynton Beach. It would also be the largest Gold Rated Apartment Community in Florida. Some of the features that the community would have would be; 16 SEER air conditioning systems, enhanced air filter systems, R-36 ceiling insulation, R-7.2 wall insulation, Low VOC flooring, Low VOC paints, all construction debris would be recycled, CFL Light fixtures, water conservation toilets and low flow water fixtures as well as drip irrigation systems. Along the western property line, adjacent to Dixie Highway there is a maintenance building and trash compactor to support the community. Trash collection will be the same valet pick up program as approved in Phase I. The residents will leave their trash at designated locations and management staff will pick it up and transport it to the compactor nightly. The compactor is accessed from Dixie Highway as approved for Phase I. There is also an emergency access entry along the southwestern property line. Sea bourn Cove - Phase II Justification Statement January 4, 2012/ January 31 , 2012 3 The development is accessed from a single driveway on Federal Highway. The driveway is divided with a heavily landscaped median and gated for privacy. A major focal point will be featured in the roundabout upon entry into the community. This special focal point will consist of an oversized native species of tree a Banyan, Giant Oak or Recylenata. There is complete vehicular circulation through the site by private drive aisles. The open space areas, including the perimeter setback areas will be lushly landscaped. Landscaping will consist of various live oak, gumbo limbo, green and silver button woods, Montgomery, Green Malayan coconut and Alexander palms and a variety of native drought resistant plants. The lush landscaping along the property lines will include taller and larger trees than required by code in order to enhance the community and the surrounding property lines. The development plan also proposes pedestrian connections to Phase One of Sea bourn Cove thorough a linear park within the surplus of the Dixie Highway right-of-way. A six foot high masonry wall will be incorporated into the buffer area along the northern, western, northwestern and southern property lines. In addition, the developer is committing to heavily landscaping and maintaining the surplus right-of-way of Dixie Highway connecting Phase I with Phase II including the lushly landscaped areas with an abundance of native trees and palm trees to include, picnic areas and meandering sidewalk area. The applicant has committed to maintaining of the landscape areas. Developers AQreement A Developers Agreement has been approved for Phase I of Sea bourn Cove. Revisions are being drafted and evaluated by the developer's Attorney and City Attorney and staff to include Phase II into the agreement. These revisions will be processed through the City Attorney and Administration concurrently with the Rezoning and Site plan applications. RezoninQ Criteria Pursuant to Chapter 2, Article II, Section 2.D.3.a-h, this application complies with the review criteria for rezoning as indicated below. a. Demonstration of Need - Although this application requests rezoning, it is from PUD to PUD to allow for a new proposed development plan. The prior approval was for residential use, similar to the proposed development, and therefore established the need for the rezoning to PUD. b. Consistency - This property has a Special High Density land use, is located in the community redevelopment area and within the Federal Highway Corridor Plan. These designations support development at the proposed density. c. Land Use Pattern - The proposed development is consistent with other existing or approved developments in the area and is compatible with surrounding non-residential uses. This is a vacant parcel in an area that the City is encouraging redevelopment. It will be the second phase and continuation of the Seabourn Cove Development under construction to the south. To the south is the existing Bayfront townhouse community; to the east is Federal Highway and approved residential and commercial properties; to the north is an undeveloped IPUD property and scattered single family homes in a County pocket; and to the west is Dixie Highway and FEC railroad. This development is consistent with the land use pattern and planned development of the City. Sea bourn Cove - Phase II Justification Statement January 4, 2012/ January 31 , 2012 4 d. Sustainability - The proposed development provides an alternative of residential housing to the area and complements the surrounding commercial establishments. With its location on Federal Highway the residents will have access to the Palm Tran bus system. The development plan also proposes pedestrian connections to Phase One of Sea bourn Cove thorough a linear park within the surplus of the Dixie Highway right-of-way. The development supports many of the sustainable initiatives established by the City. e. Availability of Public Services/Infrastructure - All public services is available to support the development. Roadway capacity is available on Federal Highway as demonstrated by the submitted traffic study. Water and sewer service exists adjacent to the site as shown by the Preliminary Engineering Plan. Solid waste, police and fire rescue service is provided by the City. These services are being confirmed with this application. f. Compatibility - As indicated in item c.) above, the proposed development is surrounded by a mix of uses. The compatibility of this site for residential use was verified with the initial rezoning to PUD. The proposed PUD will continue to be compatible, will enhance property values by a new development on vacant property and is at a suitable scale as proven by the approval and now construction of the first phase of Sea bourn Cove. This second phase will enhance the area and continue the momentum of development along South Federal Highway. g. Alternative Sites - This site is already zoned PUD and the proposed rezoning simply allows for a new development plan. h. Master Plan / Site Plan Compliance with Land Development Regulations - As required by this application a Master Plan and Site Plan are provided for review of compliance with all applicable land development and zoning regulations. These regulations are shown and verified on the respective plans and the primary regulations are summarized below. . Building Setbacks - All buildings comply with the setbacks of 14 feet from the east property line, 10 feet from the north property line, 10 feet from the west property line and 10 feet from the south property line. . Building Height - The proposed buildings are two and three stories and designed to be 40 feet at the highest point which is below the maximum height of 45 feet. . Landscape Buffers - Being that the property is a PUD our perimeter buffers meet and in some areas exceed the landscape code requirements. It should also be noted that there is an additional 60 feet of landscaped buffering between the west property line with the surplus right-of-way of Dixie highway. . Parking - There are 277 parking spaces proposed which exceeds the minimum requirement of 271 spaces per unit plus guest spaces. Conclusion This application proposes a continuation of the Sea bourn Cove community on undeveloped property within the CRA of the City. This second phase of the community will compliment the first phase as well as other redevelopment in the area. The development will create an additional 148 multi-family residential units to the area providing alternative housing options for residents of Boynton Beach. The proposed development is consistent with the Special High Density land use designation for 20 units per acre and is simply a modification to the PUD zoning that has been in place since 2006 along with the reconfiguration of a site plan. The housing type and overall development will be compatible with the adjacent and surrounding development, is intended to implement design features and will be an asset to the immediate area, the CRA and the City of Boynton Beach. ,,,l, ,,,,,,,,", , , , i , , i , , , , ~ " 0 , , No'"",, @161B1~ ~~ ,''', ,,,,.'''',,W,, < ~ ~ ~ ", " " ,. .~ ~~ ~~ ~. ~. ~~ .~. h. 3~1 I! 1: !i . ,~, !~ ;; , "7 L. " " i " "J iitH"~,,,r,". 's2t, l;j~ ~~~.> I,,~ -.r: ~' ~.,!;:;JJ.,) j I~~ j ! - ~ j~ ~ g 8 dJ \~I ~ ~ ~ ~~~ Iii! ~ ,i I II~?' ~. ~ ~:~I I'L~,~ ~,. '''' ~ ~, I g ~~ ~> ~~ ~... ~ ~t I~ ~. :: L. , ~" "" .~ ~~ .0 .. '0.. . . ~~~ ~, ~ --J . ~ . ~ . ~~ "00 . ~i:i ~ 25" 25 <!I ;u ; ~~ f ll"!i! ~j .;~- ~~fl N ~~~':l ::: Iii ~ ~~~ ~ ~~:: 11=== : 25 .ilz~ 1Ii l!s~lI!S lIi:t:tit S 5 dl ~ !i ~ ~ " ~ ~ . . ~ . .. H;::!ii i ~ ~~ :;'lSl~;;;....",~ PI",,,,:II ....... .' ~~ ~ ~:O ",j;! ::> 8:3 ~~~ ~~ ~ ~~i~ ~ ~ ~~, iii ~!l ~O3!: '" if: al~~ ~l!s:""J~ i;:u~~ . ~_~5 'hy.;. ~"..._.,' F= ~~:r"~ ~i;~3illi:lI: i~~a:~~~~~ i ~~~~ ~..~~~~~ ~;i~~n~~ i ~ ~ ~l~~~h: Sgl~MH t. if ~ t l'! ~ ~ i . ! ~ I . .. - . l ~ ~l! ~~'..' ' - ~ - ~~9 ~~ j,; ~;i ~~ ~ dO ~~ :~ "'~. ~a ~: ~~ i ~~~ ~ ;S;z...'" 5 .0... :; ~i '"; i~~~.s ~~ ~.t ~..~ SS ...1il ~ ~~ ~!~ ~~ 5~~~ <.~ "" o. yo 'i . ... ". ~ ~ '. . ~ d ~i ~~~ ~~ C~ ~ llli~ ! ~ .. . i ~ ~~~~ ~~ ~ .; ~~~~ !~ . ~ ",8 l!l~ ~ ~ m~ ~~ ~. .,~~ ~~ ~~d ~~ . . . . n , . " " i ~ . \10ldOl..:l '-UNnOJ HJ\i38 ~l\id 'HJV38 N01NJD8 ..:10 HIJ II 38V'Hd 3^OQ Nl::ln08V'38 v<;iLV "9L 1'<;6 :XV~ _ ""v6 "v6 tS6 :Hd v90'l:'t "1..:1 '4:>oa8 olJodwod. "fX] llnUEIA'v" SM""PU'V y+,oN Oft" 9<;17981 'oN uO!+DZ!.JOI.Hn'i7 J-o g~Oo!J-!~--,e::> aNINN'nd I 5 :3 1 'If I J 0 S S 11 :JSl 0"''''"'' SOlOl:IQ ~C'i!I ONliJ33NION3 HVHS W ~ NV'ld 31.18 < ~.: ~ i ~ i: - ~J...";~~~~ ~ ~hi~:~~;2:~~ . "~"'.~'.~~~ '" ::l~"~li~:!i...S "'., J ~:~~iil~~~~~I~ ~~ ~~~~~~m-n~ ~i! ~E'!::~~'li!i~e,fil~ ~~ ~;~~ii:;~~:~ ~5~:~i~~1 i5~ ~~ ~ ~i~~;~~t;b1~~~ :~. i ~...~...~ "o~.",; e",..,isc-'Sl!5Z5.1!iS"'l!51:i ...i5:ii~~\i \i~g ~\i ~ M~.~m~ii~h' nM~~~h~i8~; Ui . ~ ~ I~i . ~g ~ I~i . ~~J ! ~ ~ <Ill!! ~~~e n ~~~~~ ~~. ~~!iii~ ;~~ ~~~:; :i~ ~~~I; ~~: ~:'l!~:ll ~'<~ 1ll.:s;15:l i~! ~:~~~ m~~ J~.h ..' ~ ~:;~ ~~ o~o'~l ..- ~i~~;, ~~~ ~. ~~;; ~ 000 0 ~. ~~;; ~ 000 0 ~. ni . !! ~ ~i ~ ~ ~ ~;~ ~ ~~~ ~ ~i ~;~ ~ ~~S ! ~i ~i I" I" m I" m .. . . .. . .. . i i ... ~ i ... ~ . . 0 0 . . . . ~. ~. ~. ~~ ~ ~~ . ~~ . . " ~ o. 000 0 ~ o. 000 0 ~h . . . . ~h . <" !j ~ ~h . <" . . ~ . ~ i ~ o. . o. ~.~ o. ~.~ ~. . . . ~. . . ~. . .ci":... :::! ~ ~ ! ~ ~~~ ~ ! " .~/' = I"ii? .H in 'iLI( ~ Eli L~ i I", fll/ //1 ~ F .. i ~"U IU U Uf1f7/71/ ' ~111~~i1~- I ?"\'\ ~'d !!'- ~'~ ~ ~, ~l- ~:,'. ..~ ;rn~.~ / U " "'--l >,".:' .. ~ il~~~3Pvt3g1=ll · i '. ~ ei i @ i ~ j1i[, (---1i~: ;~o'~" "~"~,,~\j @ "'-'. , I G,.~ ( , i i f-'-lI ~. v 0 0 '1::: =-. . II '" i d @i ~'L 'E ~ L-."c-l '1i @! L-:;j (1.[ rn fe. ~~ 4\"""J:el1 "". :~ n~]; 0~) !E,d , f- 91 E ::C1lllllri7 @! , ~r'1 @' 0; !ft:\~8' @1 ~ ':'Y= ~ 'iJ rn J'~ln ~~. ~ B ~ii::- '-~' ~ fit, =' 1:,- '/~ ic~ B =1:t~ ' '7 ,~. ~ B ~ @, 9 ............. .f~ Eli B Ir;1 ::111 E ",lee B ::~ " ~ rn-;,.,L, ~=,j t-! ....::;.;L ~ l..I!ll'Illl-a,_ ~ 0, d ~('; ~ ~),.l OJ .sm...:t ~ = I~ --,0 @! o. @! @i @ 'I. AlfL"':);I. -~ " ~ :~ ~II @! .~1 , : i ~~ ~~ ~@! @i I'~ f\ . '-J!~I : '- ii "!^'- , , ,.i: = ',7' i '''- ~.. ~i "!~.)"; ,.'" - oO"-'---o';.;_'~,,,,:. "." " -'--' - "- ! .~.~~ Q~~ ]>I~~5 " ~~~ ~ ,!,I tl "1 H c~ ~~~ :' t,~ o o <i. ~ (0 I ciO> a. ~Oi:iVl 'S Vi ~ em':'o,: ~ j ~= ~ !!!i '~'g I!!! i ~ z" '5 ~ '" I. '" i ,:."lj 2/ m ~>~ . ; I~ , ! . .0 , n . , , U ! ~ . ! " l ,. ! III;:: > ~~ , ~B , ~B !" ~ :j "' <. , 5;: I" BI!l ., ,~ ;~ ~~ ,i ;. '. '" l~ !. ,~ :ii!~ ~I !~ i~ BI!l .' !i ~~ ~j !, ~~ 3~ ;i I~ I!l~ q ~il I; :~; iiu,. '.' iii ' ~: ~o'.'i ~;: wf _ ~~~ l~ ~l~ ~!i ~! ;lIIe ..':(u ;,~;_:~ ;g~~ ~~~ " ~~~~ ~;~~ ~;e ..~i.c ~':I~S :~~ ~;I!lW ~~~~ ~:~ ~~I= i~~~ ~~.~ ~~~i I!lUg !li " ~!j~ ~i~' ; ,~. I !;ll !~I~ II I~;;!~ " -." '0 " 'I' i~ ~~i ;~ I' ~,~ ,I ~.. J ': Iii ~~. ~~i ~c l~ ~;u ~~~ ~~5 !~~ ~~ i~S :!~ ~il ~_.!g ;~l !~i ~;;;~ Ei~.. I!ll!le ~~~ IlIIII!l ;Ii ~;j '~2 ,." ~li I',:"" I'. ~~I .~. ~I!l.t ~I~ ~~~ ~U ;~; 9~1!l 9~~ 9~1!l ...~" 9~~ ~;9 ~i~ ~;9 ~~~ ~~~ ~ ~~; ~ ~~;~ ~ ~~; ; ~;9 ~ ~:.~ f F~i f F;;llil~ f F~i f 9~1II f Fff ~c_ ':I!I! ~... I; 1 :i ~~ ii. ;; ~~ li~ ~~ :~l :;1 i~ ,.:~~ ;Is ;;l~, 9;~ 1!l;3 :i~ ~~: '!~ " m m i!! :'! ";~ 1.1 9~~ !;~ ~;:; ... I!l!l!~ W ~i!I!l ... ~....~ I ,.l I ll~ I ,~, ~~~% t!h~; ~&l';;i ii'~, 'i....,,~l!l ~~~2f! "":~' ~mi ~~.~:~ ~~!.. dillib IS I~ i; c~~ ~~ j'": ~ij ;i 302 ~~ "Ill:;: f!I... :I!l,t. !i!~ -'Wl!llll i~ i;l! !c, I!l~~; ,,:I~ ~~~; f~~ ~i~~ ~;~ ~:;~ : ;III~ll i ~;i gM Ol9" -1:OJ E CfJ Oi?o~ " Hl>" :: n Cll c= B:~~ ~. ::. ;0. '.:' \1/ il <;: Q) ..:- ~. 10 " 0' 1....,~,O)c Q)U- n~ " Z i ~ i .b.. Q) nS A~ "" "0 CIl Cll CIl CC" a ~,.....Q .... OJ Cll, .v C;lJ '5 .cH, ~i~ ::J rn o.o]+" ~1 Q. 0 .... C :J Cll 0- >>0. ~ ,... I J ., ~~ ~0 7<iJq-----.. "- q-7<iJq "- "- "- "- Hl'"= 6jQl u: (fJ A~ .~._-....... ~ a::'i a. ;;;, lJ "'. :J ~, a. C\J I J E (fJ () ~'9 ct1 c=~S .. Ql -Cc::~ "'lJ- .. .b L Q)~-B (fJ CIl (fJ ~" ~ OlCllt rn .c. R ~~ a.8B~ .... C :J CIl 0- >>11 ~ ~~ ~0 n " z o " ~ wen ZZ _0 ~u Z Cj >-~ 1;:0 Q.en 0'= CL2 Q.Cj q-S~9 "- en r " Cj . d~ . .> g;! 58 <E] ~ SlN3~1~V dV 3AO:J N~rJOgV3S V(]I~Ol::1 'HJV3Q NO.LNJ.OQ g~ l::1'Vdl"'lVl 0993.lIn9 C1~vA31noo 3:lIOH9W<<llOO ::>11 'II 39VHd 9N3Cl"2lV61 ViV32U9:::11nEJ >3NNO y~ ~~ 0 ~ ~~ ~~ ~ ~ t t + + Q.... Wi~ ~ ~ ~ ~~ ~I ~I z< II ~ ~l!; ~I <", ~ 8 8 ~8 - ~S ~~~ ~ ~ ~ ~~ .. ~. ~. :s~ .e ~. ~I ~. ~I ~'" 808 ~ 8 i m8 ~ ~I ~I Zz ~U ~ ~~ E9 g ., ,. ~: ~. .. ~~ 0 ". &'~ ~ ::iF' ~ u:,. 3 ~~~ ~:;;; ~ w'" '" 8 ~ ~ ~ ~~ ~~ ~ ~~> iE ,,0 ~jg~~~~~5 ":J .." ga ::> ~ ~~~ 15i~i~i~~ ~~ C> OJ '" m '" I ~ ~ zzz ~!ii!ii!ii !ii C) ~~~ ill to --' < ~ <( ii2 ~ ~ " D :H~ z ~ ~ ~'- Z ::E ~ o~ 0 @~ ~F~ 0 ., i= ;:; ~.".~. ~ :;: '" eee~~fu~~~8~ > UJ d < -<\IlQ*.o~t-..lf.lmg;::~\9 UJ , UJ D ~ iS5 ~ \- ~ c!<!< , ~~ W ~ I 8 ~.....~~<<~ <J') Ill: 0 \C) ~ "w zz . ~ g OZ ~u: < lB ~ <1-~1lI ~~z~d~ -.. \- ;:lw3' :::l<s)~ u... UJ d ~ ~ ~ ~ ~ ~ ::1 ~ " ~ ~ .~ .~ I z o i= :;: UJ d UJ III <( UJ III -.. \- Z ~ u... ! ~ ifi 6 I~ 'fTV'lIiHiM\:JlI\/~I~@ ZlOYtz/1O :aJ.YQ !Old ~kOC-~~ -~g 1.Q'~- OLOH "~ . ~ i h ~ 58 <E] ~~ y~ ~~ ~~ ~~ ~~ -'Do: Q.~ <w z< Il\.... <m ~~ ~S ~~ ~~ ~~ ~~ ~~ ~~ ~tr.I &:~. ~~ ~~~ ~~ ~~~ <E] (!l~ ;;;at z~ ~~;: I!:! 9 ga~ ~~~ ~~~ + t + II ~, ~I .' Ii ~' ;1 .' ~, ~I .' .1 .: VClI"<KIld' H:JV3,,;j N01NJDa 909!2Q 1.::1 'VdVWJ. ogg 3.Un9 (]"~VA31n09 =nIOH9,w9 109 :)11 'II 39VHd 9N3Q<:IV9 Y'{V3;:U9~ln9 .3tWD 3 ~ 8 -< U1 I .J <c => l!' @ it iE G ~ ~ <J) '" ~~ iiZ ~ ~ ~ ~ 2: ~ ~ :is > ili <!) ~ ~~ - ~~ ~n ~i ~~~ ~~~ ~~~ ~ ~ '< fSl o~ ~ ~ ~ ~g ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ii ~ ~ii wtl5m ~iii!lll e2~ ..5 ~~~ o w ~ w ~ ~ ~ ~~ ~ ::0 ~ 15:::;: lL~1Sjg~~t;:iiS !5i~i::it'i~ """ zzz ~~~ Ol;ll....tl...!:l... ~l2:fUft If) ~ ~ 8 ~~ ~ ~; ~~-"i~~ ~~~~~~~~~8~ ~ ~ -1:\l1.<)....IO<tIl'-d;)O)S!;:::~!Q z a F :;: UJ -' UJ I- z a (Il u... ~ I 5 ~ o!z!z ~ ~ ~~~~H~ ~~ ~~g ~ ~~~ w~~ ~ ~~d~.~ g 9 i1 ~ (eiO DC ~:( ~g <D 'zi" ~z f~ ~lM ~~ D~ ::;;;' 1iI !O ~ i! ~ ~ 91N31^UilYdY 3110J NilnOgY39 (!~i ; n + + ~I ~I .. ~ li2'I!!' o · ~I 15' ~: ~' '} ;1 ~I .' ~I ~I ~ ill, ~I ~: I I ) 1/ I I I I: I ~, ii ~, i ~ ! ~ ~ N I. Q ~~.jl!~~~' YTV'W~~:llM'l~@ z a ~ UJ -' UJ (Il <( UJ (Il z a F ~ -' UJ UJ D is) I- u... UJ -' -. l- I \!) ilZ 7.IOlJLZlIO'3J.yQ.lOld ~~-9H~ -10 13-IIIO't;jy- ot:O~~ . d~ . .> g;! 58 <E] (t.~t + ~~ ~ ~ ~ . i 1 . ~ 'lIS ~ ~~ ::! ~~ "' D., w z< ~ <", ~ "'3 i:i 3~ fn ~~ ~ ~~ z ~~ ii' w '" " + ~ ~iE ~I ~ ~~ i <E] 'Z ~~ ~I ..::; O~ ~ ~ i ~~ .: t , ". ;1 .. + ~I ~. ~I ~: g~ ':IVdI"'lVl 0993.lIn9 C1~VA31noo 3:lIOH9W<<llOO ::>11 'II 39VHd 9N3Cl"2lV61 ViV32U9:::11nEJ >3NNO ~ . ~ ~ ~; w~~ B:l ~ irl i5~ ~z ~" 6" ~ "" ~ ~ ~U ~ ~ ~ n > g~8 ~ 8 8 <~IO ~ ID ~ :BID ~H 8 ~ ~ H . . ~ . w~o 0 ~ 0 ~~~ ~ ~ N ~lR !i:!i:;! i~~I!!~I!!~~ ~~~ tl5~~i~ii!i~ = ~ :M 8 < ~ iE ::J <!! ~ ~ ~ ~~!z u \- Ii: i::~~ ~ ~ ~ ~ t':! '-' ~ ~d ~ 2 ;:j <ll !z~~~ ~ !z ~mmm m ~ ~ ~ , ~. ~ ~;cr ~> ,~, <n;;!;....I;;:;jgOl; ...J i!HHL~~~~~~8~ ~ ~ -NtQ'tIO\OI:'-<l:l<l:l~::=!;::!!;9 ~ 8 g" ~ ~ ~ ~ ~~ffiffi;;ff~ ~~ lit g z 5 ~.~~ ~~~ ~!~ e~~~~ili~ ~ D W ~ ~ i1' 5 g ~ :il ~ ~ ~ ~ + t + + ~I ~I ~I ~: ~. ~: ~. ". ~i ~I ;1 ~I ., .. .. 01: .. ~i 1 z a ~ :> UJ --' UJ UJ C. <f) l- ll.. UJ --' ~ SlN3~1~V dV 3AO:J N~rJOgV3S ~ J . I ~ ~ t<) . , . z a I . ~!~!lj~I~' V(]I~Ol::1 'HJV3Q NO.LNJ.OQ (~! n + + ~! ~I ~I ~. .. ~. 0.1 "" ~I e -. ~I ~' ~. ~. ~ ~I ~I ~I ~I ~. 't !I ~. dl ~: ~: 1 "I I( 1 1 'fTV'lIiHiM\:JlI\/~I~@ z a ~ UJ --' UJ t>< <C UJ t>< ~VLZlIO '3.LVQ.LOld H-9H~ <;x,j ecJ0f- OLOH HlSj Q) Uj (fJ A'..'...~ ;;;j lJ ~. :J ~j Q. E (fJ () S~ ~ ~~ '0' Wu- r:~ .b L Q) ]~ (fJ CIl (fJ "~ :t: Ol CIl c~ :J .J:. rn a.]B OlC C CIl ~a. CIl a. 00 I J ~~ ~0 Hl~"= 6jQ) u: r/J A .~.-.:-.'..~ ;:'1 a. ;;;; lJ "'. :J ~: a. E r/J () 8 ~~:- :~ wu- r: .b I.. Q) ] r/Ja!r/J :t: Ol a! ~ .r:. CC VI a. BB OlC C a! ~a. a! a. Ol I J 'l<]<]<]<]<] '- 7<iJ\J-----.. g-l 133HS 33S ~~ ~0 u (') W (fJ =:) o Z. S( W( CL =:)e f- - =:)( u.C "- q- 7<iJ\J_ "- "- "- q-S~9 q- q- "' r " Cj EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Seabourn Cove Phase II File Number: NWSP 12-001 Reference: 2nd review plans identified as a New Site Plan with a January 31,2012 Planning and Z . D d k' onlng epartment ate stamp mar Ing. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: None. (All previous comments have been acknowledged and will be addressed at time of permitting). FIRE Comments: None. (All previous comments have been acknowledged and will be addressed at time of permitting). POLICE Comments: None. (All previous comments have been acknowledged and will be addressed at time of permitting). BUILDING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 2. Buildings, structures and parts thereof shall be designed to withstand the 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 2007 FBC, Section 1609 (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 of permit application. 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. 4. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. Seabourn Cove Ph II (NWSP 12-001 ) CONDITIONS OF APPROVAL Page 2 DEPARTMENTS 5. To properly determine the impact fees that will be assessed for the 1-story pool/clubhouse/recreation building/lease office, provide the following: a. Will the pool/clubhouse/recreation building/lease office be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building/lease office? c. Will there be any additional deliveries to the site? d. Will there be any additional employees to maintain and provide service to the site? e. Please have the applicant provide the City with a copy of the letter that will be 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/lease office. 6. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 7. A water-use permit from SFWMD is required for an irrigation system that 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. 8. If capital facility fees (water and sewer) are paid in advance to the City of 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. 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) 9. At time of building permit application, submit verification that the City of 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. INCLUDE REJECT Seabourn Cove Ph II (NWSP 12-001 ) CONDITIONS OF APPROVAL Page 3 DEPARTMENTS INCLUDE REJECT 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 1, Article V, Section 3(f)) 10. Pursuant to approval by the City Commission and all other outside agencies, 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. 11. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741 (Sean McDonald - 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard 561-734-0872) RECREA TION AND PARKS 12. Park Impact Fee - 148 Multi-family units (buildings containing 5 or more units) @ $595.00/unit = $88,060. FORESTER/ENVIRON M ENT ALlST 13. The irrigation plan design must follow the Florida Friendly - Waterwise principles. 14. Revise sheet L-8: Existing brick pavers in the area between the sidewalk and curb are the responsibility of the City of Boynton Beach for maintenance and repair. Any damage to these existing brick pavers during construction of the project shall require replacement by the applicant. PLANNING AND ZONING 15. If not exempt from the Art in Public Places requirement, demonstrate participation by submitting the completed application to the Public Arts Administrator, and at time of permit, revise site plan and landscape plan to indicate location of required public art (near Federal Highway). Seabourn Cove Ph II (NWSP 12-001 ) CONDITIONS OF APPROVAL Page 4 DEPARTMENTS INCLUDE REJECT 16. A unity of title is required prior to the issuance of a permit for vertical construction for this project. The Building Division will require the recorded document as part of the building permit application submittal. 17. A letter of approval from Palm Beach County Traffic Engineering Division for traffic concurrency based on the submitted traffic statement will be required prior to issuing any permit for vertical construction for this project. 18. Submit a recorded copy of the revised Developer's Agreement for this site to Planning & Zoning when the agreement is fully executed. 19. Prior to issuance of building permits for the construction of the buildings a no objection letter from all utility providers shall be submitted for the existing platted and recorded 3 foot public utility easement extending from the west property line to the east property line through the middle of the subject property. The easement shall be officially abandoned and recorded into public record prior to issuance of the certificate of occupancy for the first constructed building. 20. At time of permitting, revise photometrics plan to comply with Chapter 4, Article VII. Section 4.C. (Maximum Footcandle and Illumination Levels) of the LDR. 21. At time of permitting, add the following notes to the photometrics plan: The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value. A minimum average light level of one (1) foot candle shall be provided, with no more than 10% of the spot readings below one (1) foot candle and none below % foot candle. Lighting shall not be of an intensity that produces glare on adjacent property. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. 22. At time of permitting, revise site plan tabular data on sheet SP-1 for proposed building height, and total building square footage to match drawings. Also revise table on sheet SP-1 for Building Type Area Breakdown to match revised square footage of floor plans. 23. At time of permitting, revise site plan and landscape plan to dimension width of perimeter buffers and label as such. 24. At time of permitting, revise plans to include an irrigation plan. Seabourn Cove Ph II (NWSP 12-001 ) CONDITIONS OF APPROVAL Page 5 DEPARTMENTS INCLUDE REJECT 25. At time of permitting, revise the site plan to include the following note: If rental units are converted in the future to condominiums, a condominium association shall be required to be established and the condominium documents will specifically prohibit individual pools, additions, or modifications to the patios, porches, or balconies. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS To be determined. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Ph II\NWSP 12-001 \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Seabourn Cove PUD Phase II (NWSP 12-001) APPLICANT'S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. AGENT'S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2012 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 148 multi-family rental units and associated recreational amenities and parking areas on 7.4 acres zoned PU D. LOCATION OF PROPERTY: West of Federal Highway, East of Old Dixie Highway, in the vicinity of Miller Road DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. 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 Applicant 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 "D" 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. 7. Other DA TED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Ph II (formerly Palm Cove PUD)\NWSP 12-001\STAFF REPORT\DO.doc " DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 12-009 TO: Chair and Members Planning & Development Board FROM: Eric Lee Johnson, A~P, CFM, LEED Green Associate Planner II l/ /I. U. . Michael Rumpf () Planning and Zoning Director THROUGH: DATE: February 15,2012 RE: Schools in the Planned Unit Developments (PUD) Zoning District; Accessory Commercial Uses in the Recreation (REC) Zoning District; and Clarification of Rules Applicable to Commercial Components of Industrial Uses. CDRV 12-002 OVERVIEW The rewrite of the City's development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed request would further item #1, Business and economic development initiative and item #3, Internal consistency. 1 NATURE OF REQUEST Modify the Land Development Regulations (LDR) to 1) allow elementary, middle, and high schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City-owned/operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial component of beverage and food manufacturing establishments. BACKGROUND Schools in PUD Primary and secondary schools (i.e., elementary, middle, and high school) are excluded from the list of allowable uses in pun zoning district pursuant to Part III (LDR), Chapter 3, Article IV. Over the past year, staff has received two (2) inquiries from school operators who desire to open facilities on properties zoned PUD, and this demand has caused staff to reevaluate its status. For example, a private elementary/middle school operator, whose mission it is to serve special needs children, has recently contacted the City about leasing an existing building on Hypoluxo Road that is zoned PUD. Likewise, the property owner at 3333 High Ridge Road, including the Imagine Charter School is planning to submit an application to rezone the property from Single-Family and Two- Family Dwelling (R-2) district to PUD, to combine the school property with the vacant PUD-zoned parcel directly to the south for the purposes of unifying the design and optimizing project density within a planned development. The properties were originally a single parcel and were split in two to accommodate the school project while development options were reconsidered for the remainder of the property. If this amendment is approved, assembly of the parcels into a single PUD must still be processed and approved as a master plan modification and meet the basic requirements (e.g. interconnectivity and access, continuity in landscaping and signage, etc.) for such planned developments. Accessory Commercial Use in City Parks With respect to the REC zoning district, staff has been approached by commercial vendors who want to operate their business from various City-owned/operated parks; however, the code does not formally allow such activities. Staff supports this amendment to allow such private businesses that commonly provide an accessory and complimentary service and/or product (e.g. bait and tackle, boat rental, food, etc.) to city parks located within the REC district. Clarification of Rules Applicable to Commercial Components of Industrial Uses Last year, Ordinance 11-023 was passed to allow commercial components (e.g., tasting room) to food and beverage manufacturing (industrial) uses. Since the new regulations were adopted, staff has been approached by entrepreneurs who want to open businesses in the City, but there has been some confusion on its interpretation. Staff is hopeful the 2 proposed language will help clarify the provisions and make it more user-friendly to the public. ANALYSIS Schools in PUD The American Planning Association's (APA) Policy Guide on Smart Growth recognizes the importance of enhanced linkages and transportation choices between interdependent land uses. The inherent connection between schools and homes is very strong, and therefore, it makes good planning sense to locate schools within close proximity to residential areas. With schools and homes close to each other, students are able to walk (or ride bicycles), which promotes healthier living, reduces vehicle miles traveled (VMTs), and reduces greenhouse gas (GHG) emissions. This design quality is specifically promoted by Comprehensive Plan Policy 1O.B.1.5, which addresses intergovernmental coordination and requires provisions for schools in "all urban residential land use categories," therefore, elementary, middle, and high schools are currently allowed within all conventional residential zoning districts (e.g., R-l, R-I-A, etc.). Although only one (1) school has been constructed in a Planned Unit Development within the City, schools, churches, and other institutional (public assembly) uses are certainly appropriate within such planned environments to promote connectivity between symbiotic land uses. With respect to the City's economic development initiatives and the current attention on not-for-profit uses, the location of such uses in residential zoning districts is generally more preferable than on lands zoned and intended for potentially more valuable land uses such as commercial or industrial. Accessory Commercial Use in City Parks The City has many parks, and it's not uncommon that staff is approached by commercial vendors who want to operate their businesses from these facilities. Some of the requests are unrealistic, however, there are certain uses that have merit and would be of benefit to the public. For example, a local kayak operator may want to rent kayaks at one of the City's waterfront parks. Also, a qualified fitness instructor may want to offer a self improvement class at one of the parks. These types of services would provide additional recreational opportunities and convenience to park visitors. From a historical perspective, Harvey Oyer Park (formerly known as Boat Club Park) had a fully operating bait/tackle shop, but that operation ceased sometime in the 1980's. Currently, Oceanfront Park has a take-out restaurant operating from its locale, but the park facility is not located within city limits, and therefore, it is regulated by the Town of Ocean Ridge and not subject to the City's zoning regulations. This code amendment would formally recognize and allow commercial activities as allowable accessory uses in connection with city parks. 3 Clarification of Rules Applicable to Commercial Components of Industrial Uses Finally, staff is proposing minor changes to the restrictions associated with tasting rooms of beverage and food manufacturing establishments (approved pursuant to Ordinance 11- 023). This is being done in an effort to make it more clear and user-friendly. Staff believes the proposed language would help to further distinguish and clarify the differences (in restrictions) applicable to those establishments in the C-4 zoning district compared to those in the M-l zoning district. The proposed amendment would not change the intent of the original ordinance. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed code amendments to allow schools in the PUD zoning district; 2) allow commercial activities in city parks zoned REC; and 3) modify the restrictions associated with beverage and food manufacturing establishments. Overall, this amendment would help promote business/economic development, expand the services and resources available to park visitors, and make the code more user- friendly. See next page. 4 PROPOSED LANGUAGE Part III (LDR). Chapter 3. Article IV. Section 4.D P = Permitted C = Conditional A = Accessory X = Prohibited '" (see Legend) J Legend) JJ (see Legend) Mobile Vending Unit (MVU) Novelty, Gift, Souven:ir,& Miscellaneous Restaurant Restaurant. Take- out EII Entertainment, Indoor Rentals, (bicycles, canoes, personal W'dtercmft ) School, Primary IInd ~~v..uu.~ , ...... ~ ~ , ...... ~ Residential <: , ...... ~ ...... ~ C'l ~ ..., ~ ~ ~ Commercial ~ C'l U M U v U p '" p p r~ p .. o i%l U p * p p '" p '" L Mixed-Use -! Indus M~ Q U r:;.. ...... N M P. ...:l ...:l ...:l ~ ~ ~ ~ ~ ~ ::: ~ ~ ~ u ~ p '" p .. ...... U p .. A ~ - ~ 2 A A 6 '" '" 15 16 3 6 A A 15 '" .. p '" p '" p '" p .. .P .. COMMERCIAL Retail Sales p * p p p '" p .. p .. p .. p '" p '" p p "' P 1> p '" p .. p " p "" p P >I< -ti 1 3 ~1i p '" p '" P 01< p .. P 01< p '" A P 01" '* p ... : ~ IIillJ ARTS ENTERTAINMENT & RECREATIONAL C C C C .. '" .. .. C C p "' p " p COMl\IERCIAL Services p '" p p .. '" p .. p p p p p p p EDUCATIONAL ~ p '" 5 2 7 p p ... 'I' p .. p '" p .. p A p '" 1;1 p (" A ~ p p '" p '" p '" p II 4. General Note. a. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (ie., tasting room and retail showroom) to the operation. The size of the tasting room / retail showroom shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. This mInimum size reqUIrement is not applicable to those establishments which do not. front on. an. arterial. or collector roadway, No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. b. M-l district. (1) These establishments may include an accessory commercial component (i.e., tasting mom and retail sho'.vi'eem). If leeliteel en an arteriall'€laEP.T:a-y, Ii eemmereial eSfBj3eBeft1: shall Be required. The tasting room, retail showroom, and facility tours shall not be open to the public after 10 p.m., E9C.cept Fridays and Saturdays, TyT:hereby it may remain open. antilll p.m. }..dditionally, the size of the tasting Mea shall not exeeed tlle folloVi-ing: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive-up, drive-through, or drive-in facilities shall be allowed. (3) The establishment is ineligible for a live entertainment permit. 15. General Note. a. .'. REC district. 'The proposed use IS allowed as an accessory use to a C'itv- owned and operated "ark facilIty. ... 6 39. 16. ~ Ocean Avenue Overlay Zone (OAOZ). 8... b.... c.. . 1 Prohibited on the ground level of buildings that front on Ocean Avenue. 2. When proposed in this zoning districtr....tll~<.~U?l~..~~.l1~e .s~~l... oI1lY be allovye~()~.g~?g~~~lo~at~~ within the OAOZ orias otherwise allowedby.these land.development...reiiUlation8. 3 Only allowed as an accessory use to an ARTS CAMPUS located in the OAOZ or as otherwise alltlwed b.y these land development regulations. 4 Community facilities, other than public parking, shall be restricted to the area of Ocean Avenue between Seacrest Boulevard and Northeast 1 st Street. ~ Mobile Vending Unit (MVU). a. C-2 district, C-3 dis~i~t, (:-.4 district, CBD district, pcn district, afHI all "Mixed Use" districb...andRECdistrict. See Chapter 3, Article V, Section 10 for additional regulations regarding an MVU. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 12-002 PUD and REC\StaffReport.doc 7