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VI.-CONSENT AGENDA
ITEM K.
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
Mcetml!: Dates in to Citv Clerk's Office Meetinl!: Dates in to Citv Clerk's Office
0 August 3, 2004 (Noon.) July 19,2004 0 October 5, 2004 (Noon) September 20, 2004
0 August 17, 2004 (Noon) August 2, 2004 0 October 19,2004 (Noon) October 4, 2004
I8J September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18,2004
0 September 21,2004 (Noon)September7,2004 0 November 16, 2004 (Noon) November 1,2004
NATURE OF
AGENDA ITEM
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181
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D City Manager's Report
Administrative 0 Development Plans
Consent Agenda 0 New BusIness c>
0 ~
Public Hearing Legal ~
Bids 0 Unfinished Business G'>
Announcement 0 Presentation (To
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RECOMMENDATION: Approve the plat of VENETIAN VILLAS subject to approval by tbe city surveyor ad
mapper, and subject to the Palm Beach County Circuit Court's approval oftbe amended settlement agreemenfO
removing the ACLF use restriction (the City consented to the amendment on July 6, 2004, see R 04-107 attached as
Exhibit A). .
EXPLANATION: Venetian Villas is a SO unit townhome project on tbe soutb side ofS.W,23rd Avenue between tbe
American Retirement ACLF and S.W. 13~ Street. (see Exbibit B)
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: A prove tbe development with conditions,
:;]f./-
~-
City Manager's Signature
City Attorney / Finance / Human Resources
S:\BUUETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 3, 2004 (Noon.) July 19, 2004 IZI October 4, 2004 (Noon) September 20, 2004
0 August 17, 2004 (Noon) August 2,2004 D October 19,2004 (Noon) October 4, 2004
0 September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004
0 September 21, 2004 (Noon) September 7, 2004 D November 16,2004 (Noon) November 1,2004
D Administrative D Development Plans
NATURE OF IZI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the October 4,2004 City Commission Agenda under Consent
Agenda. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be approved, based
on a fmding of consistency with the Amendment of Declaration of Covenants and Restrictions for Alhambra Square. For
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-233.
EXPLANATION:
PROJECT:
OWNER:
LOCATION:
DESCRIPTION:
Venetian Villas (Plat and Amended Alhambra Square Settlement Agreement)
Venetian Villas LLC
SW 13th Street & SW 23rd Avenue
Approving the plat of Venetian Villas subject to approval by surveyor and mapper, and
subject to the Palm Beach County Circuit Court's approval of the amended settlement
agreement removing the ACLF use.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop t artment Director City Manager's Signature
WZA ~
Planning and Z~g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTSWenetian Villas\Agenda Item Request Venetian Villas Plat 1O-4-04.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-233
TO:
FROM:
Chairman and Members
Planning and Development Board
Michael RumPf"'uJ~
Planning and Zoning Director
DATE:
September 21, 2004
PROJECT NAME/NO:
Venetian Villas - Proposed plat
REQUEST:
Review of proposed Venetian Villas Plat pursuant to request by City
Commission
OVERVIEW
The corresponding site plan for this project was reviewed and approved by the City Commission on
February 17, 2004 (see Exhibit "A"- Location Map), The property, and therefore all approvals, are the
subject of a court-ordered Settlement Agreement and Declaration of Covenants and Restrictions between a
past property owner and the City of Boynton Beach. As explained below, the Courts were ultimately
petitioned to allow for the review of the subject site plan and related applications, which were inconsistent
with the original stipulations. Due to the inconsistency, the Declaration of Covenants and Restrictions (see
excerpt in Exhibit "B) must be amended to allow for the subject project. Also due to the connection with a
court-ordered settlement, which at one time led to a Joint Motion and Agreed Order requiring review and
approval by the Planning & Development Board, the City Commission has forwarded the proposed plat to
this Board for review. It is assumed that this review is for consistency with the approved site plan, and
Amendment of Declaration of Covenants and Restrictions for Alhambra Square.
Staff has reviewed the plat and finds it consistent with the two documents described above, and
recommends that the Board concludes similarly. As equally important to the project, subsequent building
permits will also be reviewed against the approved site plan and corresponding development order for
similar consistency. Unlike the proposed plat, the related permit applications will include the details to
show compliance with conditions the Board will recall from the development order and court settlement
which regard building heights and roof pitch, dumpster location, rear landscaping and buffer wall, lighting
(fixture height), canal improvements, tree planting specifications, and coordination with other agencies.
Although not addressed by the proposed plat, the conditions represented by the Amendment of
Declaration, and required for site plan approval (see Exhibit "C") are attached as background information.
Property Owner:
PROJECT DESCRIPTION
Venetian Villas LLC
Applicant:
Venetian Villas, LLC
Agent:
Bonnie Miskel
Location:
South side of SW 23rd Avenue (Golf Road), west of SW
13th Street, appx. 600 feet east of Congress Avenue
Existing Land Use/Zoning:
High Density Residential (HDR) / Multi-family Res. (R-3)
Staff Report - Venetian Villas - Proposed Plat
Memorandum No PZ 04-233
Page 2
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
50 fee-simple townhouse units at 10.64 du / acre
4.699 acres (200,376 square feet)
Right-of-way for Southwest 23rd Avenue (Golf Road), then developed single-family
homes (Leisureville) with a Moderate Density Residential (MDR) land use
designation, zoned Single-family Residential (Rl-AA); developed as a PUD;
Right-of-way for the Lake Worth Drainage District L-27 Canal (a.k.a, the Lazy Lake
Waterway, then farther south are single-family homes with a Low Density
Residential (LDR) land use designation, zoned Single-family Residential (Rl-AA);
Right-of-way for Southwest 13th Street, then farther east are developed single-
family homes with a Low Density Residential (LDR) land use designation, zoned
Single-family Residential (Rl-AA); and
Developed residential (Homewood Residence) with a High Density Residential
(HDR) land use designation, zoned Multi-family Residential (R-3), then farther west
is the right-of-way for Congress Avenue.
BACKGROUND
On February 17, 2004 the Venetian Villas site plan was approved for this 50 fee-simple townhome project
on a 4.699-acre parcel in the R-3 zoning district. The greater site is a portion of properties located on both
the northeast and southeast corners of Southwest 23rd Avenue (Golf Road) and Congress Avenue. These
properties (known as Alhambra Square South, Alhambra Square ACLF and Alhambra Square North) were
the subject of a 1989 "Stipulation and Settlement Agreement". This Agreement was forged between the
property owners and the City of Boynton Beach. While the Agreement allowed the property owner to
rezone to R-3 in order to allow for a higher density, it restricted the use of the property to an Adult
Congregate Living Facility (ACLF), In August of 2000, a Joint Motion and Agreed Order was authorized by
the Court that allowed the review of an alternative development plan. If supported by the Board, the
Court could be petitioned to amend the Agreement. The Board unanimously denied the request for site
plan approval, Unable to review the plan, the City Commission on February 18, 2003, moved to request
another court order to allow the Commission to review the proposed project. The requested court order
was granted, and review and approval by the Commission ultimately occurred on February 17, 2004. The
proposed plat has been reviewed by staff, and found sufficient for forwarding to the City Commission with
a recommendation for approval conditioned upon ultimate approval of the amended settlement agreement
by the Palm Beach County Circuit Court.
RECOMMENDATION:
Staff recommends that the Board find the proposed plat consistent with the approved site plan and
conditions of approval, and not inconsistent with the Amendment of Declaration of Covenants and
Restrictions for Alhambra Square.
MR
Attachments S:\Planning\SHARED\WP\PROJECTSWenetian Villas\Slaff Report - Plat & Settlement 9-28-04.doc
Location Map
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EXHIBIT "B"
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~(j~~{67
This document has been prepared by
and when recorded return to:
Shamira Klein, Esq.
Bennan Rennert Vogel & Mandler, P.A.
100 Southeast Second Street, Suite 2900
Miami, Florida 33131
Phone: 305/577-4177
AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR
ALBAMBRASQUARE
THIS AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE (this "Amendment") is entered into as of the _ day of
:::r u. ~ ,2004 by and between THE CITY OF BOYNTON BEACH (the "City"), RSPB, LLC,
a Flori limited liability company, AMERICAN RETIREMENT CORPORATION ("ARC"), and
GOLFVIEW HARBOUR ESTATES HOMEOWNERS ASSOCIATION, INC., and GOLFVIEW
HARBOUR ESTATES, INC. (collectively, the "Governing Associations").
RECITALS
WHEREAS, as a condition of that certain Stipulation and Settlement Agreement with the
City, dated October 31, 1989 and entered in the Circuit Court of the 15th Judicial Circuit in and for
Pahn Beach County, Florida under Case No. 89-6178-AN (the "Stipulation Agreement"), Milnor
Corporation, a Florida corporation ("Milnor") as owner of Alhambra Square North, and Nonnan J.
Michael and Elishka E. Michael (collectively, "Michael"), as owners of Alhambra Square South and
Alhambra Square ACLF, entered into that certain Declaration of Covenants and Restrictions For
Alhambra Square, (the ''Declaration'') recorded on July 18, 1991 in Official Records Book 6895 at
Page 1431 in the Public Records ofPahn Beach County, Florida, to impose certain developmental
limitations upon the use of the parcels of land located in Palm Beach County, Florida, as more
particularly descnbed in the Declaration;
WHEREAS, RSPB, L.L.C., a Florida limited liability company ("RSPB") is a successor in
interest to Michael and American Retirement Corporation ("ARC") is a successor in interest to
Milnor.
WHEREAS, the City, the Governing Associations, ARC and RSPB are the sole benefited
parties to the parcel descnbed on Exhibit "A" attached hereto and are therefore the only parties
required to join in this partial release of the covenants, restrictions, conditions, terms, provisions,
rights and obligations created and arising in that certain Declaration.
WHEREAS, Exhibit "A" is wholly contained within the Alhambra Square South and the
Alhambra Square ACLF parcels.
1
WHEREAS, the City, the Governing Associations, ARC and RSPB desire to partiallyrelease
the covenants, restrictions, conditions, terms, provisions, rights and obligations created and arising in
that certain Declaration as they relate to Exhibit" A ".
WHEREAS, a site plan (the "Site Plan") has been filed with the City for the development of
50 town home units on the Property, which plan is prepared by CVV Associates and dated December
2,2003.
WHEREAS, the City, the Governing Associations, ARC and RSPB desire to partially release
the covenants, restrictions, conditions, terms, provisions, rights and obligations created and arising in
that certain Declaration as they relate to the Property.
WITNESSETH
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the undersigned agree as follows:
1. The above recitals are true and correct and incorporated herein by this reference;
2. Article III, Section C(5) of the Declaration is hereby released, terminated and of no
further force or effect as to the Property, effective as ofthe date of the recording ofthis Amendment.
Further, all reference to restricting the property described in Exhibit "A" hereto to an Adult
Congregate Living Facility ("ACLF') are hereby released and deleted in their entirety and, from the
date of recording of this Amendment, shall not be a restriction on that certain property descnDed in
Exhibit" A" hereto.
3. As a condition to the release descnDed above, the owner of the Property and/or its
successors in interest hereby agree that the development of the Property shall be in conformance with
the limitations and requirements set forth on Exhibit "B" hereto.
4. This Amendment constitutes the entire agreement between the parties relating to the
subject matter hereof and may not be amended, waived or discharged, except by instrument in writing
executed by the parties hereto.
5. This Amendment shall be governed by and construed in accordance with the laws of
the State of Florida.
6. This Amendment may be executed in any number of cowrterparts, each of which shall
be deemed an origina~ but all of which together, shall constitute but one instrument.
7, This Amendment is for the benefit of the parties hereto and may not be amended or
modified without the consent of the Governing Associations.
2
8. In the event construction ofthe development on the Property in accordance with the
Site Plan is not commenced within one (1) year from the date of recording of this Amendment, this
Amendment will terminate and be of no further force or effect.
[Signature Pages to Follow)
3
.
.. "..
EXHIBIT "B"
1. The light poles on the east side of the site located adjacent to the cul-de-sac for 13th Street
shall be reduced to the minimum height required to meet the City of Boynton Beach Code
provided that such height and location meets the appropriate foot candle requirements.
2. The south wall shall be a six foot high continuous coated aluminum bar fence with
concrete columns and with no gates or openings to the canal area to the south of such
fence. Upon completion of the installation of such fence, plantings will be installed on
the exterior of the fence to obstruct the view of such fence from the South.
3. No construction shall occur on Sunday or legal holidays and the developer further agrees to
limit Saturday construction from 7:30 A.M. to 12:00 P.M.
4. Developer will include in the project's Association documents that: (i) no fishing or other
water recreation shall be permitted in the drainage canal located to the south of the
property; and (ii) the Association will maintain the fence and plantings in the Site Plan.
5. The developer further agrees to petition the Drainage District in cooperation with the
Governing Associations to allow the existing vegetation located within the District's
right-of-way to remain, however, the parties to the Declaration all understand that the
vegetation is located within Drainage District's right-of-way and is not under the full
control or authority of the developer or any other party to the Declaration. .
6. The developer shall petition Palm Beach County to allow a westbound left turn lane into
the Venetian Villa projects. The parties to the Declaration acknowledge that the petition
shall request Palm Beach County to fund and to construct such turn lane.
7. Developer will request from the Palm Beach County School District that a school bus
stop be located within the project.
8. The colors of the buildings shall be those colors contained in the site plan presented to the
City Commission on Febroary 17,2004.
9. Developer shall include in the project's Association documents a prohibition from
parking on 23rd Avenue.
10. Developer will install trees located along the east and south sides of the project at a
minimum height of 16 feet (plus or minus 6 inches).
10
EXHIBIT "C"
Conditions of Approval
Project name: Venetian Villas
File number: NWSP 03-021
Reference: 2nd review plans identified as a New site Plan with an December 2, 2003 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Public Works requests that future owners residing in the building labeled as X
Building "C" (as shown on sheet AS-I) would locate their containers across
the street on the east side of Buildilll! "C" on trash pickup davs.
PUBLIC WORKS - Traffic
Comments:
2. Permits will be required from Palm Beach County for driveways proposed X
onto Southwest 23rd Avenue (Golf Road).
3. The proposed shunt turnarounds do not meet minimum City standards (City X
Standard Drawing P-lO). The design of the turnarounds can be addressed at
the time of permittimI.
4. Improve (with an acceptable surface material) that portion of the Southwest X
13th Street cul-de-sac so that it connects with the project's proposed point of
emergency vehicle ingress / egress, located at the southeast comer of the
subject property (Chapter 6, Article N, Section I.AA.). The site plan (sheet
AS-I) shows that the "connected" portion of Southwest 13th Street would be
approximately 18 feet in width.
ENGINEERING DIVISION
Comments:
5. At the time of permitting, the dimensions of the proposed parallel parking X
spaces would have to comolv with EnJtineering Drawinl! K -1.
6. At the time of permitting, all comments requiring changes and/or corrections X
to the plans shall be reflected on all appropriate sheets.
7. All engineering construction details shall be in accordance with the applicable X
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.
COA (updated 10-1)
1 % 1/04
2
DEPARTMENTS INCLUDE REJECT
UTILITIES
Comments:
8. All utility easements shall be shown on the site plan and landscape plans (as X
well as the water and sewer plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility easements.
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
utility easements or public rights-of-way.
9. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
drawings, using a minimum width of 12 feet. Wider easement widths may be
required based on depth of sanitary sewer.
10. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this proiect (CODE, Section 26-12).
11. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. 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)).
12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within 30 days of site plan approval,
whichever occurs first. This fee will be determined based upon final meter
size, or expected demand.
13. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
FIRE
Comments:
14. Prior to Fire Department approval of a building permit, new construction X
projects must provide the results of a hydrant flow test indicating a fire flow
not less than 1500 gpm @ 20 psi above domestic use. This applies to new or
existing hydrants within the reauired 200 feet of the facility.
COA (updated 10-1)
1 % 1/04
3
DEPARTMENTS INCLUDE REJECT
15. The Fire Department will require a Knox or key activated lock at the alternate X
points of emergency access.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
16. 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.
17. At time of permit review, submit signed and sealed working drawings of the
proposed construction.
18. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
The design professional-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management construction
development regulations."
19. 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.
20. 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:
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan;
. 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;
. The number of dwelling units in each building;
. The number of bedrooms in each dwelling unit;
COA (updated 10-1)
1 % 1/04
4
DEPARTMENTS INCLUDE REJECT
. 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).
21. 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 legal description of the land;
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan;
. 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;
. The number of dwelling units in each building;
. The total amount being paid;
(CBBCO, Chapter 1, Article V, Section 3(f)).
22. Light poles shall be designed to withstand 140 mph wind loads per 2001 X
FBC, Section 1606.
23. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(l)(a). A X
minimum average light level of one-foot candle shall be provided, with no
more than 10 percent of the spot readings below one-foot candle and none
below one-half foot candle.
PARKS AND RECREATION
Comments:
24. Recreation Facilities Impact Fee: X
. 50 single Family attached Units X $770 ea = $38,500;
. Fee is due at the time of the first applicable building permit.
FORESTERlENVIRONMENT ALIST
Comments:
25. The Landscape Architect should review the tabular mitigation for the 408- X
caliper inches of existing trees proposed to be removed and show all 408-
caliper inches of replacement trees as Quercus virginiana, and / or Swetenia
mahogany. These replacement trees should be of the height, canopy spread
and caliper to visually buffer the proposed structures between the top of beam
and top of ridge building heights. These replacement trees should be located
along the South and East property areas and shown by a separate symbol on
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DEPARTMENTS INCLUDE REJECT
the landscape plan. The replacement trees should be placed along the outside
perimeter of the buildings to visually screen the structures from the
surrounding residential neighborhoods.
26. The Tree & Palm Planting Detail should include a line on the drawing X
indicating where the:
. diameter at breast height (4.5 feet off ground) of the trees are to be
measured for a minimum of three (3) inches caliper at time of planting;
. overall height of the tree or palm is to be measured at time of planting;
. clear trunk, clear wood, gray wood or trunk is to be measured at time of
planting.
27. The applicant should show an elevation cross-section detail indicating how X
the height of the proposed landscape material will visually buffer the
proposed driveway areas from the Golf Road and S.W. 13th Street rights-of-
way.
PLANNING AND ZONING
Comments:
28. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
permit. It would be preferable to have this approval prior to the Planning &
Development Board meeting (December 18,2003).
29. The site plan should indicate the FLU and the Official zoning districts for the X
abutting properties.
30. Place a note on the site plan: No provisions for outdoor patios, interior X
fencing, screen enclosures, or solid-roof enclosures. Any future request
would require a major site plan. This note will help to avoid confusion in the
future when project is built out.
31. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration.
32. An extra row of colorful low-growing groundcover would be required within X
the north and east landscape buffers (on the street side of the Cocoplum
hedges) in order to comply with Chapter 7.5, Article II, Section 5.D of the
Land Development Regulations.
33. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Building height shall not exceed two (2)
stories. The plans comply and therefore, staff has no recommendation. Plans
must remain consistent with agreement or amend agreement as necessary.
The site plan (sheet AS-I) must be corrected to indicate that two (2) stories
and 26 feet - five (5) inches are proposed rather than three (3) stories I 29
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DEPARTMENTS
feet.
34. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: Roof pitch not steeper than 4: 12. The
plans comply and therefore, staff has no recommendation. Plans must remain
consistent with aweement or amend agreement as necessary.
35. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: All dumpsters to be located away from
adjacent residential areas, and at least one hundred feet from the south
property line of the Alhambra Square South and Alhambra Square ACLF
Parcels. The plans comply since no dumpster enclosure is proposed and
therefore, staff has no recommendation. Plans must remain consistent with
aweement or amend aweement as necessary.
36. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: Use of the property shall be limited to an
Adult Congregate Living Facility. The proposed use violates this stipulation.
Staff recommends amending the Agreement so that there is no violation. The
Agreement must be amended to allow the proposed unit (townhouse) types.
If not amended, the plans must be modified to comply with the stipulation.
37. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: A combination of landscaping and wall
(the "Wall") shall be constructed on the south property line of the Alhambra
Square South and Alhambra Square ACLF parcels. The plan and design of
the Wall shall be coordinated with and approved by the governing
Associations of the adjacent residential property. Approval of the Wall shall
not be unreasonably withheld by the governing associations, the Wall shall be
constructed at no cost or expense to the governing associations. The lack of
the wall along the south property line violates this stipulation. Staff
recommends a combination of wall / landscaping similar to the Homewood
Residence to be placed along the southern property line of the subject
property. This would require amending the Agreement.
38. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: Parking lot lighting shall be shaded and
shielded so as to not shine directly into adjacent residential areas; parking lot
lighting shall not be illuminated after 11:00 p.rn.; parking lot lighting poles
shall be at the minimum height permitted or allowable by BOYNTON
BEACH. A note on the plans indicates that the lights would comply with
Chapter 23, Article II.A.! of the Land Development Regulations, meaning
that they will remain illuminated until 2:00 a.m. Therefore, the plans are in
violation of this stipulation. Staff recommends amending the Agreement so
that there is no violation, however, if restrictions are placed on project
lighting, the lighting should not be below the typical lighting levels of public
streets.
INCLUDE REJECT
x
x
x
x
x
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DEPARTMENTS INCLUDE REJECT
39. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: At such time as building plans are
presented to BOYNTON BEACH for pennit, copies of the Wall plan and site
plan shall be submitted to the governing associations. Staff has no opinion on
this requirement.
40. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: No parking spaces or improvements
except landscaping shall be constructed or installed in the Lake Worth
Drainage District "right-of-way" south of the Alhambra Square South and
Alhambra Square ACLF parcels. The plans comply and therefore, staff has
no recommendation.
41. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Deceleration entry lanes shall be
provided at each entrance if deemed necessary by BOYNTON BEACH. The
plans comply and therefore, staff has no recommendation.
42. Due to the limited amount of dedicated recreation / open space, staff X
recommends incorporating a meandering trail into the design of the southern
landscape buffer.
43. Staff recommends varying the heights of the proposed Live Oak and Sweet X
Mahogany trees proposed within the east landscape buffer (between 12 feet
and 16 feet).
44. If possible, City staff respectfully requests the applicant petition the L WDD X
to dredge the right-of-way adjacent to the subject property, to the minimal
extent possible (to the satisfaction of the District) so as to not impact the flora
and fauna that maybe found in the LWDD right-of-way.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
45. To allow the applicant and staff to work together (prior to the City X
Commission meeting) to re-examine conditions #24 and #25 for completeness
and accuracy. If the conditions are in fact correct as it relates to the proposed
site plan, the applicant agrees to the conditions.
46. Regarding condition of approval #37: In lieu of a buffer wall, the developer X
will provide adequate landscaping (shrubs) along the southern property line
adjacent to the L WDD canal, in order to provide screening and security. The
omission of a buffer wall would require amending the Stipulation and
Settlement Agreement.
ADDITIONAL CITY COMMISSION COMMENTS:
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DEPARTMENTS INCLUDE REJECT
Comments:
47. Replace condition #46 with requirement that the proposed wall at the X
southern border be 6 feet in height or consistent with the amended
settlement agreement.
48. Replace condition #38 with requirement that lighting fixtures be reduced in X
height (where visible from 13th Street or consistent with the amended
settlement agreement.
49. Approval is subject to final review by neighborhood associations and X
court approval.
MWR/elj
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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 agenda request (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
Au ust 3 2004
Au ust 17 2004
Se tember 7 2004
Se tember 21 2004
October 4 2004
October 19 2004
November 3 2004
D November 16 2004
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
Jul 19 2004
Au ust 2 2004
Au ust 16 2004
Se tember 7 2004
Se tember 20 2004
October 4 2004
October 18 2004
November 1 2004
All back u material is attached
All exhibits are attached & marked e, , Exhibit "A'
r8J
r8J
~
Department Head's initials:
Venetian Villas (Plat and Amended Alhambra Square Settlement Agreement)
Please do not write in the shaded area below.
Legal Department signature
City ManClget's signature
D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Person contacted"topick up rejected request
by .
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nav 16, 2004.doc
on
(Date)