AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
0 August 16, 2005 August 1, 2005 (Noon) D October 18, 2005 October 3, 2005 (Noon)
0 September 6, 2005 August 15, 2005 (Noon) D November 1, 2005 October 17, 2005 (Noon)
r8l September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31, 2005 (Noon)
D Administrative 0 Development Plans
NATURE OF D Consent Agenda 0 New Business
AGENDA ITEM r8l Public Hearing D Legal
D Bids D Unfinished Business
0 Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION: Please plaee this request on the September 20,2005 City Commission Agenda under
Publie Hearing. The Planning and Development Board recommended that the subject request be approved on August 23,
2005. For further details pertaining to the request, see attaehed Department of Development Memorandum No. PZ 05-151.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Village Parcel 4 & 5 Condos (COUS 05-007)
Anthony Comparato, Kim Glas-Castro
The Klatt Family Limited Partnership and Klatt Enterprises, Inc.
NE comer of Old Boynton Road and Congress Avenue
Request for Conditional Use/New Site Plan approval for four (4) five (5) story buildings
with 376 condominium units on an 8.815-acre portion of the 106.5-acre Boynton Village
and Town Center site.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES: a! N/A
DevelopJAJ!!1il
City Manager's Signature
~- ~ML
/' Planning and Zoning Dire~r City Attorney / Finanee / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village Parcel 4 & 5 Condos NWSP 05-019\Agenda Item
Request Boynton Village Parcel 4 & 5 COUS 05-007 9-20-0S.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-151
TO:
FROM:
Chair and Members
Planning & Development Board
Michael Rumpf t'\~ V
Planning & Zoning Director
Ed Breese ~
Principal Planner
THRU:
DATE:
August 10, 2005
PROJECT:
Boynton Village Condominiums Parcels 4 & 5 (WR 1)
COUS 05 -007
REQUEST:
Request for conditional use / new site plan approval for four (4), five (5)
story buildings with 376 condominium units on an 8.815-acre portion of the
106.5-acre Boynton Village and Town Center site.
PROJECT DESCRIPTION
Property Owner: The Klatt Family Partnership & Klatt Enterprises, Inc.
Applicant: WR 1, LLC
Agent: Anthony Comparato, Compson & Associates and Kim Glas-Castro,
Ruden McClosky
Location: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal (see Location Map - Exhibit "A")
Existing Land Use: Mixed Use Suburban (MX-S)
Existing Zoning: Suburban Mixed Use (SMU)
Proposed Use: 376 condominium units
Acreage: 8.815 acre portion of the 106.5-acre parcel
Adjacent Uses:
North:
Undeveloped land proposed for townhomes within the Boynton Village
and Town Center Master Plan with a Suburban Mixed Use (MX-S) land
use classification, zoned Suburban Mixed Use (SMU), then farther
north is right-of-way for the SFWMD C-16 Canal, and still farther north
Boynton Village Condominiums Parcels 4 & 5 COUS 05-007
Page 2
Memorandum No. PZ 05-151
South:
East:
West:
is Phase I of the Renaissance Commons mixed use project.
Undeveloped land proposed for mixed use development within the
Boynton Village and Town Center Master Plan with a Suburban Mixed
Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU),
then farther south is right-of-way for Old Boynton Road, and still
farther south is developed commercial property (Oakwood Shopping
Center), with a Local Retail Commercial (LRC) land use classification,
zoned Community Commercial (C-3);
Right-of-way for the proposed main north/south road within the
Boynton Village and Town Center Master Plan, then farther east is
vacant land proposed for town homes and condominiums within the
Boynton Village and Town Center Master Plan, farther east is the right-
of-way of the LWDD E-4 Canal, and still farther east is developed
single family residential (Sky Lake) with an Low Density Residential
(LDR) land use classification, zoned Single Family Residential (R-l-AA);
and
Undeveloped land proposed for commercial use within the Boynton
Village and Town Center Master Plan with a Suburban Mixed Use (MX-
S) land use classification, zoned Suburban Mixed Use (SMU), then
farther west is right-of-way for Congress Avenue, still farther west is
developed commercial property (Boynton Beach Mall).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
The subject site is the location of pastureland commonly referred to as the Winchester Property. On
February 15, 2005 the City Commission approved the applicant's request for a change to the land use
and to rezone (LUAR 04-006) 81.814 acres of the property from Single Family Residential (R-l-AA) to
Suburban Mixed-Use (SMU) and also 25 acres at the southwest corner of the parcel (LUAR 04-007) from
Single Family Residential (R-l-AA) to Community Commercial (C-3).
WR 1, LLC is seeking conditional use / new site plan approval for an 8.815-acre portion of the 106.5-acre
parcel of land master planned as Boynton Village and Town Center. This residential project consists of
four (4) five (5) story condominium buildings containing 376 dwelling units. Condominium units are
allowed in the SMU zoning district. However, the SMU zoning district requires conditional use approval
for buildings proposed over 55 feet in height. Therefore, this portion of the Master Plan requires
conditional use approval because certain components of these five (5) story condominium buildings are
proposed at 65 feet - 1 inch in height. The site plan (sheet SP-l) shows that the project would consist of
six (6) proposed buildings, with buildings 1-4 housing the residential units and partially wrapping
buildings 5 and 6, the parking structures.
Boynton Village Condominiums Pareels 4 & 5 COUS 05-007
Page 3
Memorandum No. PZ 05-151
CONCURRENCY
The project has been approved by the Utilities Department for potable water and sanitary sewer. Palm
Beach County School District approved the Master Plan for 1,120 dwelling units. Generally, a project's
anticipated traffic is generated by two factors, namely the proposed use and its intensity. A letter from
Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the
traffic performance standards, with a series of conditions which limit or time aspects of the development
with certain roadway improvements. Additionally, the City has petitioned the County for a CRALLS
(Constrained Roadway At Lower Level of Service) designation for Old Boynton Road, Congress Avenue
and the respective intersections. Palm Beach County has transmitted the Comprehensive Plan
Amendment associated with the CRALLS designation to the Department of Community Affairs for review
and comment prior to adoption. Formal adoption of the CRALLS would remove the requirement for
certain roadway improvements, including the necessity to improve the entire segment of Old Boynton
Road between Congress Avenue and Boynton Beach Boulevard to a five (5) lane section. However, even
if the CRALLS is adopted by Palm Beach County, the following roadway improvements would still be
required for the project: 1) Intersection improvements at Congress Avenue and Old Boynton Road,
Congress Avenue and Gateway Boulevard, and Boynton Beach Boulevard and Old Boynton Road; 2)
Improvement of Gateway Boulevard to six (6) lanes from Congress Avenue to High Ridge Road; 3)
Improvement of Old Boynton Road to five (5) lanes from Congress Avenue to the Spine Road (the main
north/south roadway within the proposed Master Plan, connecting Old Boynton Road to Gateway
Boulevard), transitioning to three (3) lanes west of the E-4 Canal bridge, and continuing a three (3) lane
section east to Boynton Beach Boulevard. This would also include the construction of a new three (3)
lane bridge over the LWDD E-4 Canal; and 4) various access point improvements to entrances/exits to
the 106.5-acre parcel (see "Exhibit C" - Conditions of Approval).
The Engineering Division of Public Works reviewed the drainage plans to ensure compliance with all
applicable codes and regulations regarding legal positive outfall. The conceptual plans submitted herein,
are acceptable to the Engineering Division but as per staff policy, a more detailed version would be
required at the time of permitting (see Exhibit "c" - Conditions of Approval). The Recreation and Parks
Department indicates that the City will require dedication of sufficient land for a neighborhood park in
association with the development proposed within the Master Plan. "The plan indicates approximately
five (5) acres has been set aside for this use. The development of the park is estimated to be
$2,000,000. Upon development of the park, the Recreation and Parks Department will require the
addition of 1.0 full-time employee (FTE) at approximately $32,000 and approximately $15,000 in
equipment. "
Police: The Police Department reviewed the subject request relative to the Master Plan as a whole and
how it would impact their level of service. The Department reports, "With the projected growth
for this area, additional officers for this zone will be needed to handle the increase of calls for
service. Service requirements for the Police Department will be impacted greatly and the demand
for more police personnel and equipment will be needed to balance the increase in population
and projected traffic."
Fire: The Fire Department reviewed the subject request and reports that Fire Station #5 should be
expedited to insure adequate service delivery levels and effective response times. Additionally, a
traffic light pre-empt should be pursued to aid the response of emergency apparatus on Congress
Boynton Village Condominiums Parcels 4 & 5 COUS 05-007
Page 4
Memorandum No. PZ 05-151
Avenue. Also, upgrades in emergency dispatch capability should be made, including new
technology related to CAD, GIS and AVL and adequate staffing.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 1l.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
The subject projec~ as illustrated on the master plan would be located in the northwest quadrant of
the Boynton Village and Town Center development. Vehicles would enter the condominiums from
five (5) different points of ingress / egress. Two (2) points are proposed along the major
north/south road depicted on the master plan, which is intended to link Old Boynton Road with
Gateway Boulevard. The other three (3) point of ingress / egress are proposed on the west side of
the buildings, on one of the developments internal drive aisles. There are four (4) proposed
entrances that directly access the parking structures, one on the north and south side of each
structure. Lastly, there is one access point from the west that connects to Congress A venue. As
proposed, all entrances would allow for safe vehicular and pedestrian access into the condominium
building. The applicant states that ingress and egress for the project has been carefully planned to
provide exemplary pedestrian access throughout the site in a safe and convenient manner.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
One-bedroom apartment units require one and one-half (10) parking spaces. Two and three
bedroom apartment units require two (2) parking spaces each. The project proposes four (4)
condominium buildings consisting of a total of 70 one (1)-bedroom units, 246 two (2)-bedroom units,
60 three (3)-bedroom units, and a recreation area. Therefore, a total of 722 parking spaces would
be required. The Cover Sheet tabular data indicates that 764 spaces or an excess of 42 spaces
would be provided. The vast majority of the provided parking spaces would occur inside the parking
garages (646 spaces), while 118 spaces would occur as off-street/surface parking. It should be
Boynton Village Condominiums Parcels 4 & 5 COUS 05-007
Page 5
Memorandum No. PZ 05-151
noted that this project is just a small portion of the entire Boynton Village and Town Center Master
Plan and staff reviews each component (cumulatively) to ensure compliance with code.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
Each of the four (4) buildings would have two (2) trash rooms proposed on the ground floor. The
refuse would be contained within a room unseen from public view. However, on trash pick-up day,
each dumpster would be transported to a single designated area, which is proposed at the north side
of northern buildings and south side of the southern buildings. The plan shows that the trash trucks
would have enough space to maneuver around to pick up the containers because of a proposed 60-
foot back up area. No trash trucks would have to enter the parking garage. Staff reviewed the
plans and determined that the number, location, and orientation of the enclosures and the pick-up
area are adequate for efficient trash removal. However, the onus is on the property owner(s) in
making sure that on trash pick-up days, the dumpsters are transferred from their room to the
"common trash pick-up area'~
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project. However, at the time of permitting, the applicant
would be required to submit a timeline that clearly illustrates when water and sewer selVices will be
needed. The commencement date should start at the date of City Commission approval. Also, the
applicant would be required to provide milestone dates regarding permit application, the start of
construction, and the setting of the first water meter. Utilities staff would use this timeline in order
to determine the adequacy of water and wastewater treatment capacity upon the projects
completion (see Exhibit "c" - Conditions of Approval).
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The Total Parcel Data Chart on the Cover Sheet indicates that the pelVious area for this
condominium project (Parcels 4 & 5) equals 2.995 acres or 33% of the site. The landscape material
would consist of a large quantity of shade trees, palm trees, and shrubs / groundcover. The Plant
List (sheet L8 of 8) shows that the shade trees would consist of the following species: Seagrape and
Orange Geiger. The palm trees would be comprised of the following species: Coconut, Alexander,
Sabal, Florida Royal, Areca, Montgomery, and Christmas palm trees. A note on the landscape plan
indicates that 100% of the shade trees, 62% of the palm trees, and 59% of the shrubs would be
native. In order to lessen the impact of the building height, the landscape material proposed on the
facades would include 24 foot tall Royal palm trees, 21-37 foot tall Coconut palm trees, and 12-24
foot tall Sabal palms. In general, the plans meet the above-referenced standard for screening,
buffering, and landscaping.
Relative to buffering these five (5) story structures from the single family residential community to
the east (Sky Lake), these buildings are in excess of 1,000 feet from any home and would have
intelVening residential buildings with heights between 35 feet (proposed townhomes in the Cortina
portion of the Master Plan) and 65 feet (proposed condominium buildings on Parcel 3 of the Master
Plan). The Suburban Mixed Use (SMU) zoning district contains regulations establishing minimum
building setbacks through the use of a ''Height Setback Envelope'~ These regulations are applicable
where the SMU development is adjacent to a developed single family residential zoning district. In
Boynton Village Condominiums Pareels 48. 5 COUS 05-007
Page 6
Memorandum No. PZ 05-151
such instances, the minimum setback shall be three (3) times the building height and shall be
measured from the common boundary of the SMU and the single family residential zoning district or
the midpoint of any intervening right-ot-way. The tallest element of the condominium buildings is the
top of the roof over the stair tower, measuring 65 feet - 1 inch in height. Using the ''Height Setback
Envelope'; three (3) times 65 feet - 1 inch equals a minimum required setback dimension of 195.25
feet, and as mentioned previously, the condominium buildings on Parcels 4 & 5 are proposed at a
distance of over 1,000 feet from the single family residential homes to the east (Sky Lake).
Additionally, buildings in excess of 55 feet in height must be separated from single family residential
(Sky Lake) and arterial roadways (Congress Avenue) by another project building equal to or less than
55 feet in height. This accomplished to the east by the separation of the Condominiums from Sky
Lake by 35 foot tall proposed townhomes in the Cortina portion of the Master Plan and to the west
by the proposed construction of 35 foot tall outparcel buildings along Congress A venue in the
Boynton Village portion of the Master Plan.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
One (1) monument sign is proposed for the proposed condominium component. The site plan (sheet
SP-1) shows that the sign would be located at the main entrance, between buildings, off the primary
north/south roadway through the master planned development. The sign structure is required to be
located 10 feet away from the condominium property line. The "Front & Back Elevation" detail of the
monument sign (sheet A-33) shows that the wall would be six (6) feet in height and have pilaster
caps on top of each column. The top of the sign would reach as high as seven (7) feet in height
The actual face of the sign would have six (6) to eight (8) inch brass letters and decorative brass
logo.
The exterior lighting levels proposed on the photometric plans for Parcels 4 & 5 have been reviewed
and approved by staff. The proposed lighting levels would not produce glare and cause unsafe
driving conditions in or around the development The applicant states that the "signs and all exterior
lighting have been designed to direct their lighting pattern in a manner to achieve maximum
coverage while being compatible and harmonious with adjacent properties'~ Staff concurs.
7. Required setbacks and other open spaces.
The SMU zoning district requires usable open space for single-family detached, single-family
attached, and all other uses. Condominiums, typically classified as multi-family residential, would be
considered "all other uses" in the SMU zoning district as it relates to usable open space. The useable
open space requirement for multi-family dwellings is 20% with the condition that up to 50% of the
usable open space may be hardscaped plazas and public gathering places. The Master Useable Open
Space Plan (sheet MOS) tabular data indicates that the condominium buildings would require 1.675
acres of useable open space, while 3.238 acres or 38% is provided. The useable open space is
provide through the green areas around the buildings, the clubhouse/recreation building and
surrounding grounds and the four (4) courtyards which consist of landscaped garden areas and pool
amenities.
The SMU zoning district has a provision whereby buildings heights can be greater than 45 feet in
height. However, those buildings must adhere to the "height setback envelope" limitation. The
Boynton Village Condominiums Parcels 4 & 5 COUS 05-007
Page 7
Memorandum No. PZ 05-151
''height setback envelope" is applicable when the SMU development is directly adjacent to a
developed single-family residential zoning district. Basically, the setback would be the building
height multiplied by three (3). As proposed, the buildings are 65 feet - 1 inch in height and
therefore/ a 195.25 foot setback would be required from the Sky Lake development to the east.
Scaling of the site plan indicates the buildings would be setback over 1/000 feet from Sky Lake/ thus
complying with the requirements within the SMU zoning district.
8. General compatibility with adjacent property and other property in the zoning district.
The proposed Master Plan for Boynton Village and Town Center allows for a greater integration of
uses and a more innovative design for the entire property. The SMU zoning district would be
compatible with the Renaissance Commons project to the north and utilizes many of the same
planning and design concepts whereby the taller structures are located centrally within the
development to lessen the impacts on surrounding existing development by keeping the taller and
more intense structures away from the perimeter of the property. Additionally, the property is
separated from adjacent properties by roadways or canals. The proposed condominium buildings are
an appropriate use for the mixed-use development contemplated for the subject site and the SMU
zoning district in general.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The SMU zoning district is appropriate for low to mid-rise developments that provide for medium
density residential uses. The district allows for a maximum building height of 55 feet and a
residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55
feet and 75 feet measured to the peak of the structure or any architectural details may be allowed
only for interior buildings (those buildings separated from property line by another project building or
use) but only as a conditional use. These condominium buildings are proposed five (5) stories ta/~ at
65 feet - 1 inch in overall height (top of the staitwell roof) and 60 feet - 10 inches at typical roof
level. The placement within the master planned development qualifies for conditional use review (see
Exhibit "C/ - Conditions of Approval). The proposed building heights would not exceed the SMU
zoning districts maximum height limitations and would compatible in comparison with the
neighboring commercial and residential properties. The applicant states/ "The height of the
structures (65 feet) is located toward the center of the project to create a wedding cake approach to
height. This allows lower structures on the perimeter of the SMU zoning district to shield the higher
structures/ which would conform to the conditions and intent of the SMU zoning district." Staff
agrees.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The proposed development is expected to substantially increase the Citys tax base. The proposed
development for the site is consistent with Policy 1.19.2 of the Comprehensive Plan in that the
project (as a whole) would provide both commercial and residential developmen~ will generate a
cross-section of jobs/ and provide goods and selVices/ as well as add to the range of housing
opportunities in the City. According to the applican~ "economically, the project will have a positive
effect on the tax receipts of the City and provide substantially more in tax revenue than expense to
the City. With the average cost of homes in excess of $300/000 each the benefit to the City is
economically advantageous.
Boynton Village Condominiums Parcels 4 & 5 COUS 05-007
Page 8
Memorandum No. PZ 05-151
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed
buildings would exist in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or
toxic matter that would negatively impact the neighboring properties.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and consistency
with the Comprehensive Plan, staff recommends that this request for conditional use be approved
subject to satisfying all conditions of approval as contained in Exhibit "CIf - Conditions of Approval.
Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set
within which the proposed project is to be developed. Staff recommends that a period of one (1) year
be allowed to pull a building permit.
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center\Boynton Village Parcel 4 & 5 Condos\COUS 05-007\Staff Report.doc
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EXHIBIT "e"
Conditions of Approval
Project name: Boynton Village Parcels 4 + 5 Condos
File number: CODS 05-007
Reference: 2nd review plans identified as a New Site Plan with a June 21,2005 Planning and Zoning date stamp
ki
mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. The trash holding area for this development will require Solid Waste trucks to X
back across multiple lanes of traffic (entry to parking garage and roadway
along the north and south side of the development.) Additionally the depicted
orientation will take the trash close to parked cars. This is an unsafe situation.
Please relocate trash holding area to address this concern.
2. A total of six trash rooms are shown on this plan. The depicted trash holding X
areas do not appear to be large enough to accommodate multiple containers
and still provide reasonable access by Solid Waste. Please indicate the
number and size of the containers so we can evaluate the required pad sizes
and our ability to perform the pickup operation.
PUBLIC WORKS- Traffic
Comments:
3. On the Site plans, show and identify all necessary traffic control devices such X
as stop bars, stop signs, double yellow lane separators striping, directional
arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K"
Series for striping details.
UTILITIES
Comments:
4. Palm Beaeh County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this projeet either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of Site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
7. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
8. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
9. Provide the fire hydrant layout for this project with the hydrants clearly X
shown. Show all water supply lines for fire protection and hydraulic
calculations. Hydrant required every 500 feet of road travel and no more than
200 feet off the comer of any building.
10. Provide water supply information for this parcel. This shall include water X
supply lines for hydrant and sprinkler systems and the capacity of those
lines. A new flow test is required when water feeder lines connected.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
II. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
12. Please note that changes or revisions to these plans may generate additional X
comments. Aeeeptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
13. Provided ohotometrics do not meet minimum standards. X
14. Delete the tenth note on sheet L8 regarding maintaining 5 foot clear vision X
in parking areas.
15. Full Drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
16. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
'",
I DEPARTMENTS l INCLUDE I REJECT I
accordance with the applieable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
17. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the City
Commission and at permit review.
18. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC.
19. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
20. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
21. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the building design.
22. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
23. The building plans are not being reviewed for compliance with the X
applicable building codes. Therefore, add the words "Floor plan layout is
conceptual" below the drawing titled Floor Plan found on sheet/s A-I
through A-26, A-31, A-32, and CH-l.. However, add to the floor space
drawing a labeled symbol that identifies the location of the handicap
accessible entrance doors to each building/tenant space. The location of the
door/s shall match the location of the accessible entrance doors that are
depieted on the site plan drawing.
24. At the time of permit review, submit details of reinforcement of walls for X
the future installation of grab bars as required by the Federal Fair Housing
Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms
within the covered dwelling unit shall comply.
25. To properly determine the impact fees that will be assessed for the one-story X
clubhouse, provide the following:
Conditions of Approval
4
DEPARTMENTS
a. Will the clubhouse 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?
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?
. Please have the applicant provide the City with a copy of the letter that
will be sent to the impaet 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.
26. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
INCLUDE REJECT
27. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
28. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Artiele II, Seetions 26-34)
29. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same as noted on
the Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
30. Pursuant to approval by the City Commission and all other outside agencies, X
DEPARTMENTS INCLUDE REJECT
the plans for this project must be submitted to the Building Division for
review at the time of permit applieation submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
31. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
32. Add to the site data the total area under roof of each residential building. X
Provide tabular area data for each floor of each building. The breakdown
shall include the following areas and each area shall be labeled on the
applicable floor plan drawing:
a. Common area covered walkways;
b. Covered stairways;
c. Common area balconies;
d. Entrance area outside of a unit;
e. Storage areas (not part of a unit);
f. Garages (not part of a unit);
g. Elevator room;
h. Electrical room;
1. Mechanieal room;
J. Trash room;
k. Mailbox pickup and delivery area; and
1. Any other area under roof.
(Chapter 4 - Site Plan Review, Section 7.E.2 and 3)
33. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
m. The structural inspection plan must be submitted to the enforcing agency
prior to the issuanee of a building permit for the construction of a
threshold building.
n. All shoring and re-shoring procedures, plans and details shall be
submitted.
o. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
34. A two-hour fire-rated wall will be required between the parking garage and X
the condominium per NFPA 88A, Section 4.1.2.
35. The vestibule to the trash room chute shall comply with the Federal Fair X
Housing Act.
PARKS AND RECREATION
Conditions of Approval
6
DEPARTMENTS INCLUDE REJECT
Comments:
36. Irrigation must be 110% eoverage. X
37. Impact Fee: 376 multifamily units @, $656 per unit = $246,656.00 X
FORESTER/ENVIRONMENTALIST
Comments:
38. Map of Boundarv and TOPol!raphic Survey-Sheet 1 of 1 X
Existinl! Trees Manal!ement Plan
The Landscape Architect should tabulate the total existing trees on the site.
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed / replaced on
site. All desirable species of existing trees must be relocated rather than
removed if the trees are in good health. These trees should be shown by a
separate symbol on the landscape plan. [Environmental Regulations,
Chapter 7.5, Article I Sec. 7.D.p. 2.]
39. I recommend that the applicant preserve, where possible, all existing X
desirable trees that are located within the proposed landscape buffers.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
40. Irril!ation Plan-No Irril!ation plan included in the submittal X
The irrigation system design (not included in the plans) should be low volume
water conservation using non-portable water.
41. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
X
42. Trees should have separate irrigation bubblers to provide water directly to
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
X
43. The signature trees must have eight (8) feet of clear trunk if placed within the
safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant
material may be substituted if the above referenced plant material is not
available or undesired. Any substitution of plant material (for the signature
tree requirement) will be subject to the City Forester / Environmentalist
review and approval.
44. Staff recommends that you submit a master sign program that shows the X
number, location, dimensions, exterior finish, and color(s) of all freestanding
monument silms (Chanter 2. Section 5.H.9.). The silm orOlrram would
DEPARTMENTS INCLUDE REJECT
address all types of signs, which would include commercial wall signs,
identification signs, residential subdivision signs, freestanding monument
signs, canopy signs, way-finding signs, directional signs, and all other signs
as regulated by Chapter 21 of the Land Development Regulations.
45. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X
of the typical freestanding outdoor lighting fixture should include the overall
height, exterior finish, materials used (i.e. concrete or aluminum) and
color(s). The lighting fixture height, style, design, and illumination level
shall be compatible with the building design and height and shall consider
safety, function, and aesthetic value (Chapter 9, Section 1O.F.1.).
46. Provide a detail of the parking structure gates indicating its dimensions, X
materials used, exterior finish, and colors (Chapter 4, Section 7.D.).
47. The project is subject to the limitations and timing at which development may X
proceed as outlined in the Palm Beach County Traffic approval letter or the
conditions contained within the CRALLS amendment upon its adoption.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Parcel 4 & 5 Condos COOS 05-007\COA.doc
DEVELOPM~ ORDER OF THE CITY COMMIS lN OF THE
CITY OF BOYNTON BEACH, FLORIDA'
PROJECT NAME: Boynton Village Condominiums Parcels 4 + 5 (WR1)
APPLICANT'S AGENT: Anthony Comparato, Compson & Associates and
Kim Glas-Castro, Ruden McClosky
AGENT'S ADDRESS: 980 North Federal Highway #200 Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005
TYPE OF RELIEF SOUGHT: Request conditional use I new site plan approval for the construction of
four (4) five (5) story buildings at a height of 65 feet - 1 inch, to house 376
condominium units on an 8.815 acre portion of the 106.5 acre site known as
Boynton Village and Town Center.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
_ _ TH IS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X 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 "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village Parcel 4 & 5 Condos NWSP 05-
019\DO.doc
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 23, 2005
Mr. Casaine reiterated his understanding that the conditions would be handled in the same
manner for this project as the Boynton Town Center project heard previously.
Motion
Vice Chair Hay moved to approve the Boynton Village request for new site plan approval in
order to construct a large scale, mixed-use project consisting of 80 dwelling units, 14,541
square feet of restaurant, 10,000 square feet of office, and 135,641 square feet of retail, all of
which are proposed on a 20.33-acre parcel in the Suburban Mixed Use Zoning District (SMU),
subject to all Staff Conditions of Approval with the modifications agreed to by staff. Mr.
Casaine seconded the motion that passed 7-0.
E. Conditional Use/New Site Plan
1.
Project:
Boynton Village Parcels 4 & 5 Condos
(COUS 05-07)
Anthony Comparato, Kim Glas-Castro
The Klatt Family Limited Partnership #1 and Klatt
Enterprises, Inc.
NE corner of Old Boynton Road and Congress
Avenue
Request for Conditional Use/New Site Plan
approval for 4 five-story buildings with 376
condominium units on an 8.815-acre portion of
the 106.5-acre Boynton Village and Town Center
site.
Agent:
Owner:
Location:
Description:
Chair Wische asked the applicanes position on the 47 staff conditions of approval.
James Comparato, representing Anthony Comparato from WRI, LLC, 980 North
Federal Highway, Boynton Beach, stated the applicant agreed to all of the conditions of
approval and thanked staff for its cooperation.
Mr. Breese commented on the height setback envelope in the SMU district, saying the
applicanes project far exceeded the requirements in relationship to single family residential.
Chair Wische opened the floor to the public, and closed it when no one wished to speak.
Motion
Mr. Casaine moved to approve request for Conditional Use/New Site Plan approval for Boynton
Village Parcels 4 & 5 Condos for 4 five-story buildings with 376 condominium units on 8.815-
acre portion of the 106.5-acre Boynton Village and Town Center site, subject to all staff
Conditions of Approval. Vice Chair Hay seconded the motion that passed 7-0.
F. Conditional Use/New Site Plan
1.
Project:
Boynton Village Parcel 3 Condos
(COUS 05-008)
Anthony Comparato, Kim Glas-Castro
11
Agent:
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AMENDED NOTICE OF PUBLIC HEARING
Anthony Comparato and Kim Glas-Castro, agents for The Klatt Family Partnership and Klatt Enterprises,
Inc., property owner, have requested the following project to be considered for conditional use approval:
Legal Description:
On file in the Planning & Zoning Department. Generally the northeast comer of
Congress Avenue and Old Boynton Road.
Proposed Use:
Request conditional use I new site plan approval for the construction of four
(4) five (5) story buildings at a height of 65 feet - 1 inch, to house 376
condominium units on an 8.815 acre portion of the 82.08 acre site known as
Boynton Village.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD ON AUGUST 23, 2005 AT 6:30 P.M. AND THE CITY COMMISSION ON
SEPTEMBER 20,2005 AT 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS, IN THE
CITY HALL COMMISSION CHAMBERS, LOCATED AT 100 EAST BOYNTON BEACH BOULEVARD.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any
written comments prior to the hearing dates. Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
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 Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to
the program or activity in order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING
(561 742-6260)
DIVISION
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NOTICE OF PUBLIC HEARING
Anthony Comparato and Kim Glas-Castro, agents for The Klatt Family Partnership and Klatt Enterprises,
Inc., property owner, have requested the following project to be considered for conditional use approval and
site plan approval:
Legal Description:
On file in the Planning & Zoning Department. Generally the northeast comer of
Congress Avenue and Old Boynton Road.
Proposed Use:
Request conditional use I new site plan approval for the construction of four
(4) five (5) story buildings at a height of 65 feet - 1 inch, to house 376
condominium units on an 8.815 acre portion of the 82.08 acre site known as
Boynton Village.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD ON AUGUST 23, 2005 AT 6:30 P.M. AND THE CITY COMMISSION ON
SEPTEMBER 20, 2005 AT 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS, IN THE
CITY HALL COMMISSION CHAMBERS, LOCATED AT 100 EAST BOYNTON BEACH BOULEVARD.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any
written comments prior to the hearing dates. Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
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 Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to
the program or activity in order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING
(561 742-6260)
DIVISION
PUBLISH: AUGUST 12, 2005
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S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village Parcel 4 & 5 Condos NWSP 05-019\LEGAL
NOTICE.doc
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 23, 2005
Description:
The Klatt Family Limited Partnership and Klatt
Enterprises, Inc.
NE corner of Old Boynton Road and Congress
Avenue
Request for Conditional Use/New Site Plan
approval for two 5-story buildings with 206
condominium units on a 4.384-acre portion of the
106.5-acre Boynton Village and Town Center site.
Owner:
Location:
Chair Wische described the project, asking the applicant's position on the 44 staff conditions.
James Comparato, representing Anthony Comparato from WRI, LLC, 980 North
Federal Highway, Boynton Beach, stated the applicant reviewed the conditions and
agreed to all of them.
Ed Breese, Principal Planner, stated this was a Conditional Use due to the height associated
with the stair towers and elevator shafts that far exceeded the requirements of the height
setback envelope.
Chair Wische opened the floor to the public, and closed it when no one wished to speak.
Motion
Mr. Cwynar moved to approve the request for Conditional Use/New Site Plan approval for
Boynton Village Parcel 3 Condos for 2 five-story buildings with 206 condominium units on a
4.384-acre portion of the 106.5-acre Boynton Village and Town Center site, subject to all staff
conditions. Mr. Baldwin seconded the motion that passed 7-0.
G. New Site Plan
1.
Project:
High Ridge New Urban Communities
(NWSP 05-016)
Tim Hernandez, New Urban Communities
New Urban High Ridge, LLC, George Kechriotis
and Kosta Kechriotis
Northwest corner of High Ridge Road and
Miner Road
Request for new site plan approval in order to
construct 48 single-family homes and 126
townhouse units and related site improvements
on an 18.44-acre parcel in a Planned Unit
Development (PUD) zoning district.
Agent:
Owner:
Location:
Description:
Assistant City Attorney Tolces swore in the latecomers.
Chair Wische described the project, and asked the applicant's position on the 46 staff
conditions.
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