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Boynton Village & Town Center (MPMD 17-004)DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MPMD 17 -004) APPLICANT'S AGENT: Jeffrey Bartel, Berger Singerman LLP AGENT'S ADDRESS: 1450 Brickell Avenue, Suite 1900, Miami, FL 33131 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2017 TYPE OF RELIEF SOUGHT: Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for SMU Parcels 1, 2 & 3 within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single - family homes to 674 apartments and 115 single - family homes. LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road DRAWING(S): SEE EXHIBIT "B" 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 Applicpt >1/ 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 � N 6 / 7 DATED: /"'� f / / R / / City Clerk S: \Planning \SHARED \WP \PROJECTS \Boynton Village & Town Center \Master Plans \MPMD 17- 004 \DO.doc EXHIBIT " C " Conditions of Approval Project Name: Boynton Village & Town Center File number: MPMD 17 -004 Reference: 1 st review plans identified as a Master Plan Modification with a June 14, 2017 Planninq and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05 -004 and an affidavit provided to the City Clerk. X 2. Any changes to the Major Site Plan Modification drawings which impact the Master Plan shall be reflected on these pages as well. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A Boynton Village & Town Center (MPMD 17 -004) Conditions of Approval On 7 of 7 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. U S: \Planning \SHARED \WP \PROJECTS \Boynton Village & Town Center \Master Plan \MPMD 17- 004 \COA.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17 -030 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: June 15, 2017 PROJECT NAME /NO: Boynton Village & Town Center (MPMD 17 -004) REQUEST: Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for SMU Parcels 1, 2 & 3 within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single - family homes to 674 apartments and 115 single - family homes. PROJECT DESCRIPTION Applicant: BR Cortina Acquisitions, LLC Agent: Jeffrey Bartel, Berger Singerman LLP Location: NE corner of Congress Avenue and Old Boynton Road (see "Exhibit A" — Location Map) Existing Land Use: MX -S (Mixed Use Suburban) Existing Zoning: SMU (Suburban Mixed Use) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Master Plan Modification of the Boynton Village & Town Center development, and more specifically the Cortina portion of the project, to amend the development designated for SMU Parcels 1, 2 & 3 to 674 apartments and 115 single - family homes. Acreage: 106.499 -acres Boynton Village & Town Center MPMD 17 -004 Staff Report Memorandum No. 17 -030 Page 2 Adjacent Uses: North: Right -of -way for the Boynton Canal (C -16), then farther north is the Renaissance Commons mixed use development, zoned SMU (Suburban Mixed Use); South: Right -of -way for Old .Boynton Road, then farther south is a mix of multi- family and single - family residential, zoned R -3 and R1 -AA and commercial development (Oakwood Square shopping center), zoned C -3 (Community Commercial); East: Right -of -way for the Lake Worth Drainage District (E -4) Canal, then farther east is single - family residential (Sky Lake), zoned R1 -AA (Single- Family Residential); and West: Right -of -way for Congress Avenue, then farther west are developed commercial properties, zoned C -3 (Community Commercial). BACKGROUND Mr. Jeffrey Bartel, Esq., of Berger Singerman LLP, is requesting a Master Plan Modification to the Boynton Village & Town Center Master Plan, and more specifically the Cortina portion of the master plan, to amend the development designated for SMU Parcels 1, 2 & 3 to 674 apartments and 115 single - family homes from the previous approval of 643 condominiums, 350 apartments and 115 single - family homes (see "Exhibit A" — Location Map). The Planning & Development Board heard a request from Berger Singerman for Master Plan Modification and Major Site Plan Modification (MPMD 17 -003 and MSPM 17 -002) at their May 23 2017 meeting. The applica withdrew their applications in order to re- examine their development plan. After consideration and a slight re- design the agent submitted this new application for Master Plan Modification (MPMD 17 -004) and companion application for Major Site Plan Modification (MSPM 17 -006), which essentially adds six (6) more apartment units to SMU Parcel 3 (an increase from 318 to 324) and provides for additional parking. The property is a former dairy farm that received land use amendment and rezoning approval in 2005. The portion of the property containing the Target and Best Buy stores was zoned C -3, Community Commercial, and the balance of the site was zoned SMU, Suburban Mixed Use, and approved with a corresponding master plan for development. Staff requested a master plan for the entire site, as the interconnectivity and shared amenities warranted a comprehensive review of the 106 acres. The original master plan depicted 405,328 square feet of commercial space (retail, restaurant, & office) plus 1,120 dwelling units. A Master Plan Modification request (MPMD 12 -003) was approved on July 17, 2012 to redesign the Cortina portion of the site (which at that time did not include the condominium sites) from 458 townhomes to 34 townhomes, 348 apartments and 80 single - family detached homes, including the relocation and re- sizing of the park land dedication. Subsequently a Master Plan Modification (MPMD 15 -001) was submitted to amend a 0.42 -acre portion of SMU Parcel 5 from 16 townhomes to a four (4) story, 24,000 square foot mixed use building with medical uses on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors. The Master Plan was then modified (MPMD 15 -002) to designate the remaining vacant tracts within Boynton Village & Town Center for 643 condominiums, 350 apartments and 115 single - family homes. Master Plan Modification 16 -001 added 240 square feet of office space to SMU Parcel 5 administratively through the Boynton Village & Town Center -MPMD 17 -004 Staff Report Memorandum No. 17 -030 Page 3 Minor Master Plan Modification process. Lastly, Master Plan Modification 17 -001 added electric vehicle charging stations to Parcel 2, resulting in the loss of one (1) parking space. This modification was also deemed minor by staff and approved administratively. Chapter 2, Article II, Section 2. D. 6., Master Plans, of the Land Development Regulations states that major changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to to amend the development designated for SMU Parcels 1, 2 & 3 to 674 apartments and 115 single - family homes, through the redesignation of the previously proposed 643 condominium units on Parcel 3 to 324 apartments. The original Master Plan approval was subject to a CRALLS (Constrained Roadway At Lower Level of Service) designation for the Congress Avenue and Old Boynton Road intersection. A CRALLS designation is a tool utilized by Palm Beach County under their Traffic Performance Standards (TPS) review of projects, when there is not adequate right -of -way for intersection expansion to accommodate additional turn lanes and /or longer vehicle stacking for those turn lanes., The County required other on and off -site improvements to assist with improved vehicle, bicycle and pedestrian movement facilitation, including the construction of the 3 and 5 lane segments of Old Boynton Road from Congress Avenue to Boynton Beach Boulevard, the continuation of Renaissance Commons Boulevard across the C -16 Canal and connecting with Old Boynton Road, the widening of Gateway Boulevard from Congress to High Ridge Road to 6 lanes, and the construction of the greenway path along the E -4 and C -16 canals. All of these improvements have been completed. The applicant submitted an updated traffic study to Palm Beach County Traffic Engineering. At the time of preparation of this staff report, staff has not received an approval letter from the County. With the reduction in the number of dwelling unit and corresponding reduction in the number of vehicle trips, it is anticipated an approval will be granted. As a condition of approval of this Master Plan Modification and companion Major Site Plan Modification request (MSPM 17 -006) for Alta at Cortina for 324 apartments, no building permits shall be issued until such time as the approval letter is received. The CRALLS designation established a maximum threshold of 1,120 dwelling units within the Master Plan. This proposed Master Plan Modification request allocates 797 of those units (115 single - family homes proposed for SMU Parcel 1, 350 apartments currently under construction on SMU Parcel 2, 324 apartments proposed for SMU Parcel 3, and 8 apartments currently under construction on SMU Parcel 5 as part of a mixed use building), resulting in a balance of 323 undesignated dwelling units below the cap amount- of 1,120. There are no changes proposed to the commercial portion of the master plan associated with this request. Staff considers the modifications to the approved master plan to be non - substantial. RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non - substantial, and approved subject to the comments included in "Exhibit C" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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