AGENDA DOCUMENTS
t
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Connnission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office
0 December 2, 2003 November 17, 2003 (Noon.) 0 February 3, 2004 January 19, 2004 (Noon)
0 December 16, 2003 December I, 2003 (Noon) 0 February 17, 2004 February 2,2004 (Noon)
0 January 6, 2004 December 15, 2003 (Noon) 0 March 2, 2004 Canceled February 16, 2004 (Noon)
0 January 20, 2004 January 5, 2004 (Noon) [g] March 16, 2004 March 1,2004 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
[g] Consent Agenda 0 Public Hearing
0 Code compliancelLegal Settlements 0 Unfinished Business
RECOMMENDATION: Please place this request on the March 16, 2004 City Commission Agenda under
Consent Agenda, The Planning and Development Board with a unanimous vote, recommended that the subject request be
denied. For further details pertaining to the request, see attached Department of Development Memorandum
No, PZ 04-003,
EXPLANATION:
PRomcr:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
The Jefferson @ Boynton (f.k.a. South Congress Avenue Residential) (SPTE 03-006)
Kieran J. Kilday, Kilday and Associates
Westbrooke Communities
East side of South Congress Avenue, north of L. W ,D ,D, Canal L.30
Request for a one (1) year time extension of the site plan approval granted on December
2, 2002, from December 2, 2003 to December 2, 2004,
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES: ,
r
City Manager's Signature
,.u,e..
t r City Attorney / Finance / Hwnan Resources
Boynton\SPTE 03-OO6\Agenda Item Request The Jefferson@Boynton (C.k.a. S.Congress Ave Res.
Planning and Zoning Dir
S:IPlanningISHARED\ WPIPROJECTS\Jeffers
SPTE 03-006 3-16-Q4,dot
S:IBULLETINlFORMSIAGENDA ITEM REQUEST FORM,OOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-003
TO:
Chairman and Members
Planning & Development Board
Michael RumPf~d--~
Director of Planning and Zoning
Eric Lee Johnson, AICP 9 L---
Planner ?J
THRU:
FROM:
DATE:
January 15, 2004
PROJECT:
Jefferson @ Boynton (fka South Congress Residential / SPTE 03-006)
REQUEST:
Site Plan Extension
PROJECT DESCRIPTION
Property Owner:
Westbrooke Communities, Incorporated
Applicant! Agent:
Mr. Kieran J. Kilday with Kilday & Associates
Location:
East side of Congress Avenue, just north of the L.W.D.D. Canal L-30 (see
Exhibit "A" - Location Map)
Existing Land Use / Zoning: High Density Residential (HDR) / Planned Unit Development (PUD)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
340 multi-family residential (apartment) units
Acreage:
32.16 acres (1,400,847 square feet)
Adjacent Uses:
North:
Developed property designated Industrial (I) and zoned M-l (Light
Industrial);
Right-of-way for the Lake Worth Drainage District (LWDD) Lateral (L-30)
Canal then the site of the South County Regional Waste Water Treatment
Facility lying within the City of Delray Beach designated Community Facilities-
Public Buildings (CF-P) and zoned Community Facility (CF);
South :
East:
Rights-Of-way for the Seaboard Coastline Railroad (CSX) and Interstate 95,
farther east developed property lying within unincorporated Palm Beach
County designated Industrial (IND) and zoned Light Industrial (U); and
West:
Right -of-way for Congress Avenue and farther west developed residential
property (Hunters Run) designated Low Density Residential (LDR) at a
maximum density of 4.84 dwelling units per acre and zoned Planned Unit
Development (PUD).
Page 2
Memorandum No. PZ 04-003
BACKGROUND
According to public records, the property has been owned by Congress Industrial Park since August of
1999. However, the site plan extension application indicates that Westbrooke Communities, Incorporated
recently purchased the property (see Exhibit "0''). The subject property is one (1) irregularly-shaped
parcel totaling 32.16 acres. The site contains a mixture of vegetation, consisting generally of exotic,
invasive, non-native species. The primary tree species are Florida Holly, Melaleuca, and Australian Pine.
There is a portion of the property, approximately 6.5 acres, which has been determined by the South
Florida Water Management District (SFWMD) to be a conservation easement. This area also contains
exotic, Invasive, non-native trees / vegetation. It would be reconstructed Into a native wetland species
ecosystem as part of site plan review and approval. There are several existing native Cabbage Palm trees
and two small native Live Oak trees. These trees would be relocated to the East or South perimeter of the
site.
On December 3, 2002, the site plan was approved for the construction of 340 rental apartments within 22
buildings on 32.16 acres, According to the previous staff report, the project would have included four (4)
different building designs; labeled Typed #1, #2, #3 and Type #5. The height of buildings of Type #1
through #3 would be three (3) stories and Type #5 buildings would be two (2) stories with proposed
carriage garages. Carriage garages were proposed within the Type #5 buildings. The site plan showed
that one (1) main driveway was proposed. The 22 proposed buildings were proposed on both sides and
at the terminus of this main central driveway. These buildings would have contained a mixture of one,
two and three-bedroom apartment units. The proposed recreational amenities included: a 4,901 square
foot, one-story recreation building (which also accommodated the leasing office); a swimming pool; and
one (1) tennis court with a pavilion (see Exhibit "B" - Proposed Site Plan). The project also featured
separate mail kiosks adjacent to the recreation/leasing building.
Mr. Kieran J. Kilday, agent for Westbrooke Communities, Incorporated is now requesting a one (I)-year
time extension, for the site plan (NWSP 02-017) approved on December 3,2002. It must be noted that on
January 21, 2003, the City Commission approved Ordinance 02-060, which was the second reading of the
concurrent land use amendment / rezoning application (LUAR 02-002), also submitted by Mr. Kilday, on
behalf of the contract purchaser, JPI Apartment Development. This land use amendment / rezoning
request successfully changed the underlying land use from Industrial (I) to High Density Residential (HDR)
and the zoning from Light Industrial (M-l) to Planned Unit Development (PUD). The gross density of the
project was approved at 10.5 dwelling units per acre, which was in compliance with the maximum density
of 10.8 dwelling units per acre allowed in the HDR land use category. Both the City Commission and the
Florida Department of Community Affairs (DCA) approved the land use amendment and rezoning
application. However, a site plan is valid for only one (1) year after a development order has been issued.
The developer is required to secure a building permit within that year. If this request for extension were
approved, the expiration date of this site plan, including concurrency certification would be extended to
December 3,2004.
ANALYSIS
As previously mentioned, the most recent property appraiser records indicate that the subject property is
owned by Congress Industrial Park. Apparently, Westbrooke Communities, Incorporated purchased the
property sometime between September and October 2003. Less than a year earlier, the City Commission
granted site plan approval while JPI Apartment Development was the contract purchaser. The site plan
Page 3
Memorandum No. PZ 04-003
approval was subject to 44 conditions of approval. All project conditions of approval pertaining to the site
plan would still apply.
According to Chapter 4, Section 5 of the land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits
include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural.
The Regulations authorize the City Commission to approve one (1) year time extensions, provided that
the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on October 17, 2003. The payment for the time extension was received on October 29, 2003.
Both were received prior to the expiration date of the site plan.
According to the time extension application, Westbrooke Communities, Incorporated is requesting the site
plan time extension "to become more familiar with the (City of Boynton Beach's) approval process, to
evaluate the plan more closely, pursue all site development permits, and to prepare architectural
construction plans for permitting". One informal criterion that staff methodically utilizes in the evaluation
of a request for time extensions is the applicants' demonstration or willingness to complete the project in
"good faith". The applicant can submit detailed plans to the Building Division in anticipation of eventually
securing a building permit. Submitting building permit plans demonstrates "good faith" to the City that
the developer is attempting to complete the project. As of today, the applicant has not submitted any
plans for any type of permit.
A more formal criterion for evaluating requests for time extensions is a project's compliance with (traffic)
concurrency requirements. On February 4, 2002, the Palm Beach County Traffic Division approved the
traffic study for 340 multi-family dwelling units with a build-out year of 2003. The Traffic Division's
condition recommended that the City implement proper measures, through signing or striping, to
enhance safety at the project access driveway, with emphasis on the southbound Congress Avenue traffic
turning left, onto the site. The applicant submitted a revised study to the Traffic Division and the Division
approved the project for 315 multi-family dwelling units with a build-out year of 2006. The same
condition applies. However, this one (1) year time extension request Is for 340 multi-family units, not
315 multi-family units. Therefore, as of this date, the project does not have complete concurrency
approval for the requested site plan time extension (see Exhibit "C" - Conditions of Approval).
Rnally, in May of 2002, staff undertook a study (South Congress Avenue Industrial Corridor) to evaluate
the existing land uses and development characteristics within the area zoned "M-l, Industrial" which
encompassed properties located on the east side of South Congress Avenue, between Congress Avenue
and the Interstate 95 right-of-way. The study area included the subject property. The study analyzed the
M-l zoning district's permitted uses and the possible impacts of said uses upon adjacent residential
properties. The study generated recommendations to amend development regulations in order to
maximize compatibility of land uses. Simply put, the study recommended against converting the old land
use (Industrial) to High Density Residential. At the time of the land use amendment I rezoning (WAR 02-
002) application, the applicant's justification for the reclassification from Industrial to Residential included
buffering, current market conditions, and the supply and demand of Industrial property. The applicant was
successful in rezoning the property to Planned Unit Development (PUD).
Page 4
Memorandum No. PZ 04-003
RECOMMENDATION
It should be noted that the applicant has recently submitted plans for a major site plan modification
(MSPM 03-013) for the construction of townhouses in lieu of the apartment buildings. Staff recommends
denial of this request for a one (1)-year time extension of the site plan approval (NWSP 02-017). This
recommendation to deny the request for site plan extension is based on the lack of follow through on the
part of the applicant to obtain the necessary permits to construct the project. No plans were ever
submitted to the Building Division to advance the project through the permitting process and the build-
out date (for traffic concurrency) was never extended. Also, the project has been sold from one
developer to another who intends to change the intensity (from apartment units to townhouses), which
should be more appropriately reviewed as its own site plan separate from this previous approval. It is
always staffs goal to avoid making arbitrary, capricious, and/ or inconsistent recommendations.
However, if this request for site plan time extension is approved, all conditions of approval of the original
site plan must still be satisfactorily addressed during the building permit process. One new condition of
approval (regarding traffic concurrency) is recommended in conjunction with this request for site plan
extension (see Exhibit "C' - Conditions of Approval). Any additional conditions of approval recommended
by the Board or City Commission would be placed in Exhibit "C" - Conditions of Approval.
S:\Plannlng\SHARED\WP\PROJECTS\lefferson @ Boynton\SPTE 03-006\Staff Report.doc
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Location Map
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EXHIBIT "e"
Conditions of Approval
Project name: Jefferson @ Boynton (fka South Congress Residential)
File number: SPTE 03-006
Reference: Site Plan Time Extension
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
1. Submit a revised traffic study that reflects the correct number of proposed X
dwelling units, The Palm Beach County Traffic Division must approve the
traffic studv.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
2. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3. To be determined.
S:IPlanningISHAREOIWPIPROJECTSlJefferson @ BoyntonlSPTE 03-0061COA,doc
Kilday & Assoe: IS
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522. Fax (561) 689-2592
E-Mail: info@kildayinc.com
EXHIBIT "0"
October 15, 2003
Mr. Ed Breese (Principal Planner)
City of Boynton Beach
Planning Department, 2nd Floor
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach FL 33425-0310
RE: South Congress Residential (aka Jefferson at Boynton Beach)
Dear Mr. Breese,
Our office represents Westbrooke Communities, Inc., which purchased this subject
property within the last thirty (30) days, On behalf of Westbrooke Communities, Inc., we
would like to request a one (1) year time extension for the current site plan approval,
which expires on December 3, 2003. The City Commission approved this site plan on
December 3, 2002.
. . ..~
Westbrooke would like to request this time extension to become more familiar with the
approval process, to evaluate the plan more closely, pursue all site development
permits, and to prepare architectural construction plans for permitting. Needless to say,
this process cannot be completed by December 3,2003. Therefore, We would like to
have this item be placed on the earliest City Commission Agenda. Thank you for
considering this time extension request.
cc: David Webber ( rooke Communities)
Mark Bidwell (Westbrooke Communities)
Rob Rennenbaum (Simmons & White)
.,
,'i;1
H:Clientsl1496,06lCorrespondenoe/Time extension sUe plan_10-15-D3.doc,
.)
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DDecember 2, 2003
DDecember 16, 2003
DJanua 6 2004
DJanua 20 2004
DFebrua 3, 2004
Februa 17 2004
DMarch 2 2004
[8JMarch 16 2004
Deadline for Submittal to City p &. D/CRA Requests Deadline
Clerk's Office
Janua
Janua
Februa
Departments are responsible for securing the following
si natures on attached A end a Ruest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached
All exhibits are attached & marked e. . Exhibit "A' [8J
Department Head's initials: ~
The Jefferson @ Boynton (f.k.a. South Congress Avenue Residential (SPTE 03-006)
Please do not write in the shaded area below.
Legal Department signature D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
City Manager's signature
D
Person contacted to pick up rejected request
by
bg . 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Checklist Dec 2 - March 16.doc
on
(Date)