LEGAL APPROVAL
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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www.boynton-beach.org
May 23, 2006
Mr. Richard K. Brooks, Jr., AIA, NCARB
RKB Architects Planners, Inc.
3350 NW Boca Raton Blvd. - Ste. #B-8
Boca Raton, FL 33431
RE:
File No.:
Location:
Harbor Cay
NWSP 06-011
East side of Federal Hwy., approximately 160 feet north of Gateway Blvd.
Dear Mr. Brooks:
Enclosed is the Development Order granted by the City Commission on May 2, 2006. The site plan approval is valid for one
year from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension
granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TART
member for additional clarification of comments.
ImDortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
t~
MichaelVV.Rumpf
Director of Planning & Zoning
Ene. DO wiatt.
Cc: Harbor Cay LLC, 2633 Lantana Rd., Ste. #44 Lake VVorth, FL 33462
S:\Planning\SHARED\ WP\PROJECTS\Harbor Cay\NWSP 06-011 \Approvalltr after CC.doc
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DEVELOPMENT ORDER OF THE CITY COMMIS~ION OF THE
C 1 OF BOYNTON BEACH, FLORIL
Development
P&Z
BuildIng
EngineerIng
Occ. LIcense
Deputy CIty Clerk
Mr. Richard K. Brooks Jr., AlA, NCARB I RKB Architects Planne ~ ........
PROJECT NAME:
APPLICANT'S AGENT:
Harbor Cay
APPLICANT: Harbor Cay, LLC
APPLICANT'S ADDRESS: 2633 lantana Road, Suite 44 lake Worth, Florida 33462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
May 2, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 23 fee-simple townhouse
units on a 1.429-acre parcel in the IPUD Infill Planned Unit Development
zoning district.
lOCATION OF PROPERTY: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (see Exhibit "A" -location Map)
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
DATED:
1.
Application for the relief sought was made by the Applicant in a man~. r. -consisten.twith .
the requirements of the City's Land Development Regulations. I r:~1 [f f~ if: ;1 '
f! L' i ,-.-- -- --
f "
The Applicant i! ;-1 ,
LHAS i' MAY 2 2 2006
HAS NOT I L___.
established by substantial competent evidence a basis for the relief r~que~t~d;
2.
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
...x. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
6.
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
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S:\PlanninglSHAAEDlWPlPIlOJECTSIHIrbor Ca)'INWSP 06-0111DO.doc
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EXHBIIT "C"
Conditions of Approval
.,
Project name: Harbor Cay
File number: NVVSP 06-011
Reference: 2nd review plans identified as a New Site Plan with a March 14. 2006 Planning: & Zoning date
stamp marking.
DEPARTMENTS
INCLUDE REJECT
PUBLIC WORKS - General
Conunents:
1. Provide a minimum outside turning radius of 55 feet to allow turning X
movements for Solid Waste (and Fire/Rescue) inside the proposed
community. Using AutoTurn (or similar), show on the plans that the required
turning movements are provided. Particular attention should be given to the
entryways and interior intersections to allow ingress and egress for Solid
Waste and Fire/Rescue.
2. Define "Limited Times Trash Control Pickup Area". More information/detail X
is needed on the plans regarding corralling the roll-out carts for pickup at the
two indicated locations for the dead-end roadways on the north side of
Lakeside Harbour Drive.
3. One (1) of the parallel parking spaces proposed along the north side of X
Lakeside Harbor Drive is earmarked as the location for trash-pick up for roll-
out containers for Building 2, Building 3, and Building 4. It should be noted
that this area may be designated for the roll-out containers but cannot
simultaneously be earmarked for the parking spaces as well; they cannot co-
exist. Furthermore, the plans lack detail when it comes to the removal of
trash. Therefore, the applicant would be required to designate this area
specifically for the roll-out containers. Another deficiency with the design is
that the designation of this space for the roll-out containers causes the
elimination of at least two (2) and possibly three (3) guest parking spaces. At
the time of pennitting, the roll-out container location shown on the site plan
would have to be modified and reconfigured to meet the appropriate space
needed to acconunodate 12 roll-out trash containers.
PUBLIC WORKS - Traffic
Comments:
4. The minimum right-of-way width for an IPUD is 40 feet., with two (2) 12- X
feet paved travel lanes, but in no case less than two (2) 10- feet travel lanes
are to be provided. A waiver request has been made and approved to reduce
the right-of-way width from 40 feet to 35 feet. This revision has only been
made on Lakeside Harbor Drive. If the applicant wishes a further reduction
in right-of-way width on the remaining secondary roadways a second waiver
request needs to be made, so stating, with the required justification, for
review and response.
"
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5. The main point of ingress I egress (at Lakeside Harbor Drive and Federal X
Highway) shall be widened to provide two (2) 12-foot lanes at the intersection
tapering to two (2) 10 foot lanes east of the intersection to provide a safer
entry for vehicles turning into the development from Federal Highway.
ENGINEERING DIVISION
Comments:
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory Review
Team (TART) process does not ensure that additional comments may not be
generated by the Commission and at permit review.
7. Upon satisfactory Commission approval of the site plan, the applicant shall X
enter the plat process through the City's Engineering Division. A preliminary
plat application may be initiated during the site plan review to expedite
issuance of the Land Development Permit.
8. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article IT, X
Section 5.R.) Reference FDOT Standard Index 546 for the sight triangles
along Federal Highway.
9. Provide an engineer's certification on the Drainage Plan as specified in LDR, X
Chapter 4, Section 7.F.2.
10. Indicate by note that catch basin and manhole covers shall be bicycle proof X
(LDR, Chapter 6, Article IV, Section 5.A.2.g).
11. Insufficient elevation information was provided outside the property lines to X
establish historic flow patterns and how they will be accommodated by the
drainage design for this project. This information shall be provided so that an
evaluation may be properly conducted.
12. 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.
13. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable 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.
UTILITIES
Comments:
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14. Please provide a timeline that clearly illustrates when water and sewer
services will be required to serve the proposed project. Your starting date for
the timeline should be the date of City Commission approval. Also provide
milestone dates for permit application, the start of construction, and the
setting of the first water meter. This time line will be used to determine the
adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible.
INCLUDE
X
15. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the VVater 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.
16. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
17. 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 N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
18. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all hydrants
existing and/or proposed for this proiect.
19. 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 seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
20. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. Due to the proximity of this project to the Intracoastal VVaterway the
use of potable water may considered and will be evaluated at the time of
permitting.
21. VV ater 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
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
REJECT
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26-33(a)
22. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
23. 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 proiect, in accordance with the CODE, Section 26-15.
24. Service laterals can onlv be a maximum of 100-feet in length. X
25. Utility construction details win not be reviewed for construction acceptability X
at this time. An utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be reviewed
at the time of construction permit application.
FIRE
Comments:
26. The NFP A 13R sprinklers are required inside all buildings that are three (3) X
or more stories.
POLICE
Comments:
27. It is recommended that a photometric light study be completed to show that X
standards are met and the site has safe Ihilitint?: levels.
28. Show all necessary traffic control devices such as stop bars, stop signs and Do X
Not Enter signat?:e on site plans.
29. If t?:atedaccess, show location of visitor call box. X
BUILDING DIVISION
Comments:
30. 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 503 of the 2004
FBC.
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31. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table 704.8,
or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly
reflect the percentage of protected and unprotected wall openings permitted
per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2.
32. General area modifications to buildings shall be in accordance with 2004 X
FBC, Section 506. Provide calculations verifying compliance with the above
code sections and the 2004 FBC, Table 503.
33. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 rnph. VVind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (VVind 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.
34. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (pst) on the plans for the building design.
35. 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.
36. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
request.
37. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
38. Indicate the overall height of the leach building. X
39. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
40. Bathrooms and kitchens in the covered dwelling units shall comply with the X
FFHA, Title 24 CPR 100.205. Indicate on the plans which design
specification ("A" or "B'') of the FFHA is being used. The clear floor space at
fixtures and appliances and turning diameters shall be clearly shown on the
plans.
41. If an accessible route has less than 60 inches clear width, then passing spaces X
at least 60 inches by 60 inches shall be located at reasonable intervals not to
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INCLUDE REJECT
exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable
passing place. 2004 FBC, Section 11-4.3.4.
42. Add to the submittal a partial elevation view drawing of the proposed X
perimeter screen wall. Identify the type of screen wall material and the type
of material that supports the screen wall, including the typical distance
between supports. Also, provide a typical section view drawing of the screen
wall that includes the depth that the screen wall supports are below finish
grade and the height that the screen wall is above fmish grade. The location
and height of the screen wall shall comply with the screen wall regulations
soecified in the Zoninl! Code.
43. 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. A water-use permit from SFVVMD is required for an irrigation
system that utilizes water from a well or body of water as its source. A copy
of the permit shall be submitted at the time of permit application, F.S.
373.216.
44. 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, Article n, Sections 26-34)
45. At time of permit review, provide a completed and executed CBB Unity of X
Title form. The form shall describe all lots, parcels, or tracts combined as one
lot. A copy of the recorded deed with legal descriptions, of each property that
is being unified, is required to be submitted to process the form. The property
owner that is identified on each deed shall match.
46. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of seeing up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The recorded
deed shall be submitted at time of permit review.
47. 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:
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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 numberls 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(t))
48. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
49. 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.
50. Show the proposed site lighting on the site and landscape plans (LDR, X
Chapter 4, Section 7.BA). Ifpossible, provide photo metrics as part of your
TART plan submittals.
51. 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;
I Mechanical room;
J Trash room;
K Mailbox pickup and delivery area; and
L Any other area under roof.
(Chapter 4 - Site Plan Review, Section 7.E.2 and 3)
52. If this project is located within the Downtown Stormwater Improvement X
Watershed, appropriate fees must be paid to the City of Boynton Beach
Utilities Department prior to the issuance of a building permit per the
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CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to
the Building Division at the time of Permit application submittal.
PARKS AND RECREATION
Comments:
53. Park Impact Fee - 23 single family, attached units @ $771.00/unit = X
$17,733.00 to be paid prior to initial permit
54. Please be advised that the planting of oak trees in small spaces is not X
recommended due to the large amount of damage received during Hurricane
VVilma.
55. Separate the plant list into trees, palms, shrubs and groundcover. X
FORESTER/ENVIRONMENT ALIST
Comments:
56. The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual species of trees
proposed to be preserved in place, relocated or removed and replaced on site.
The replacement trees should be shown by a separate symbol on the
landscape plan sheet I of 1 (Chapter 7.5, Article I Sec. 7.D.p. 2.).
57. If potable water is used, the use of drought tolerant plant species (per the X
South Florida VVater Management District Manual) shall be maximized and
the irrigation system should have water conserving designs (such as a drip
system), where possible.
58. Trees with roots known to cause damage to public roadways or other public X
works, such as Ficus species, shall not be planted (Chapter 7.5, Article IT,
Section 5.C.2.).
PLANNING AND ZONING
Comments:
59. Approval of this project is contingent upon the approval of the accompanying X
reauest for land use amendment / rezonin2 (LUAR 06-009).
60. On the site plan (sheet AO.O), eliminate the note "Future Phase IT' because X
this property is not a part of the subiect proiect.
61. In addition to the elevation pages that have been submitted, provide X
supplemental drawinl!S of the east and south elevations of Buildin2 5 that
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DEPARTMENTS
depicts the townhouse buildings in the background with plant material (trees)
proposed in the foreground proposed at the specifications at the time of their
installation. In addition, provide another drawing that shows same but with
the plant material at maturity.
.
,
INCLUDE REJECT
62. Provide a scaled, cross-section drawing of "Building 5" that depicts the X
building height, proposed setbacks, buffer walls, trees, and adjacent
structures. If no adjacent structures are present, please graphically show the
fequired setbacks and maximum height of a home that could be built in the
future.
63. The traffic concurrency approval is subject to the Project Aggregation Rules X
set forth in the Traffic Performance Standards Ordinance and no building
permits are to be issued after the build-out date of 2009.
64. The IPUD zoning district perimeter setbacks shall mirror setbacks of adjacent X
zoning district(s) but with a minimum of the setback required for a single-
family residence as determined by the orientation of the structures in the
IPUD (Chapter 2, Section 5.L.3.). The property to the southeast is zoned
Single-family Residential (R-l-AA) and developed with a home. The rear
setback of the R-1-AA zoning district is 20 feet. The site plan proposes a
setback of 10 feet, which is not compatible with the adjacent zoning district
and property. Building 5 must be setback a minimum of 20 feet from the
south property line prior to the issuance of any setbacks. Approval of the site
plan as currently designed would necessitate the approval of a zoning code
vanance
65. The city is not obligated to automatically approve the level of development X
intensity request for the IPUD. Instead, it is expected to approve only such
level of intensity that is appropriate fOf a particular location in terms of land
use compatibilities (Chapter 2, Section 5.L.I.c.). Therefore, staff strongly
fecommends limiting Building #5 to 2-stories rather than 3-stories,
eliminating the eastern portion of the 3rd story of Building #5, or increasing
the width of the east landscape buffer so that the setback of Building #5 is
equivalentto Building #3, Units 16 through 19.
66. The IPUD zoning district fequires 200 square feet of usable open space per X
dwelling unit. The plan proposes 23 dwelling units, and therefore, 4,600
square feet of usable open space is requifed (Chapter 2, Section 5.L.3.). On
the site plan tabular data (sheet 101), please indicate that 4,600 square feet of
usable open space is required. The pool I clubhouse area may be used to meet
this requirement. It should be noted that the site plan in conjunction with the
Patio VVall with Trellis Detail. show that three (3)-foot tall knee walls are
proposed within the usable open space areas between "Building 3" and
"Building 4". 'While these are attractive amenities, they give the appearance
that each unit would have a private courtyard. They function as barriers
between private and public space and therefore, these private courtyards are
contrary to the intent of the usable open space requirement of the IPUD
zoning district. Staff recommends eliminating the small knee walls from the
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design of the usable open space areas.
67. On the site plan tabular data, indicate proposed lot coverage per Chapter 4, X
Section 7. Note that lot coverage cannot exceed more than 50 percent
(Chapter 2, Section 5.L.).
68. All building elevations should graphically indicate the paint manufacturer's X
name and color codes on each drawing. Staff recommends using a color
schedule (Chapter 4, Section 7.D.).
69. The site plan proposes several driveway spaces in front of the garages. The X
plans show that they would be at least 18 feet in length and the same width as
the garage. However, the back-up distance is less than 24 feet and therefore,
not meeting current engineering standards. Therefore, these areas cannot be
counted as extra parking spaces. The site plan would have to be modified to
eliminate the designation of "driveway space" for those driveway spaces that
do not have at least 24 feet of back-up space. Staff will not consider these
tandem spaces as le~al parking spaces (for site plan purposes).
70. In order to ensure proper maintenance of the buffer areas; staff recommends X
. converting them from private property to "buffer tracts" that would be owned
and maintained bv the Home Owners' Association.
71. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration. Also, please indicate the proposed
species and quantity on the landscape plan (sheet L2). This makes it much
easier to determine compliance with applicable codes.
72. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.). lbis applies to the Green Malayan Coconut palm, Yellow Geiger
tree, and Ligstrum tree.
73. Pifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section S.P). Please categorize as follows: 1. Shade
trees, 2. Palm trees, 3. Shrubs & Groundcover. On the landscape plan,
indicate the total quantities within each category and their native percentages.
Also, staff recommends increasing the plant palette to provide for greater
variety of native material.
74. At the time of permitting, provide a drawing ofa typical freestanding outdoor X
lighting pole. The typical drawing of the freestanding outdoor lighting poles
must include the color and material. The design, style, and illumination level
shall be compatible with the building design (height) and shall consider
safety, function, and aesthetic value (Chapter 9, Section IO.P.I.). A
minimum average light level of one (I) foot candle shall be provided, with no
more than lO% of the spot readings below one (1) foot. candle and none
below Y2 foot candle (Chapter 23, Article IT.A.I.a). The site plan shows the
location of the lililit Doles but no photometric plans were included within this
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submittal. The photometric plan must demonstrate that lighting levels will be
adequate and not "spill" over onto adjacent properties.
75. The applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program and must demonstrate their participation. As of
today, nothing has been submitted to the City. The Art Information Form
must still be completed prior to approval to indicate the preliminary
construction valuation, and whether the developer will provide on-site art, or
opt to pay the fee-in-lieu of providing proiect art.
76. The double-trunk Montgomery palm trees do not provide enough canopy X
spread to function as an upper level buffer between the subject property and
the east property line. Staff recommends substituting them with a native
canopv tree.
77. Overhead wires are located approximately four (4) feet west of the entire X
property line along Federal Highway so the choice and quantity of landscape
material proposed within this landscape buffer is limited. However, staff
recommends incorporating additional small growing palm or canopy trees
into the west landscape buffer in order to further breakup the impact of a
three (3)-story building proposed five (5) feet from the west property line or
install the overhead power line underground so that there would be no
conflict with the landscaping.
78. The width of the east landscape buffer varies between five (5) feet and 10 X
feet. The narrower portion is proposed north of Lakeside Harbor Drive. Four
(4) "High Rise" Live Oak trees, spaced 20 feet on center are proposed within
the east landscape buffer, north of Lakeside Harbor Drive and east "Building
4". Staff recommends inserting a Dahoon Holly tree between each of these
"High Rise" Live Oak trees to lessen the impact of the three (3)-story building
which is oroposed adiacent to the sinsrIe-familv neicl1borhood.
79. The subject site is located along Palm Tran Bus Route 1. Staff recommends X
installing an upgraded shelter if a Palm Tran stop is located along Federal
Highway, abutting the subject project.
80. At the time of permitting, staff wants to ensure that the applicant has an X
explanation to or a formal agreement in place with the adjacent property
owners regarding the maintenance of the "outside" of the wall, since the wall
is proposed so close to the property lines. However, if the developer can
demonstrate to staff that location of the wall is such that it does not require
traversing an adjacent property in order to maintain the "outside" of the wall,
then no formal agreement will be required.
81. No buffer wall color(s) were indicated on the Perimeter Fence Detail. X
Therefore, staff recommends that the color of the masonry wall be compan1>le
with the color(s) proposed for the townhouse buildings.
82. Community Redevelopment Agency (CRA) staff recommends increasing the X
'.
\ .
COA
04/12/06
12
DEPARTMENTS INCLUDE REJECT
size of the two (2) bougainvillea at both sides of the Federal Highway trellis
from eight (8) feet to 16 feet at time of installation.
83. Community Redevelopment Agency (CRA) staff recommends adding X
openings and architectural elements to north elevations of Units 1 and 5 and
south elevations of Units 4 and 8.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
84. All buildings shall have similar roof designs. X
85. Applicant agreed to reduce the height of the southern unit in building #5 to X
two (2) stories.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
85. To be determined.
MWR/elj
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AME;NDING ORDINANCE NO. 75-19 OF
SAID CITY BY REZONING 92 PARCELS OF LAND
WITHIN SAID CITY TO CONFORt1 WITH THE COM~
PREHENSIVE PLAN OF THE CITY OF BOYNTON
BEACH ADOPTED IN ACCORDANCE WITH THE
LOCAL GOVERNMENT COMPREHENSIVE PL~ING
ACT OF 1975, PROVIDING FOR A SAVINGS
CLAUSE, REPEALING PROVISION, AN EFFECTIVE
DATB AND FOR OTHER PURPOSES.
ORDINANCE NO. 80- I 9
WHEREAS, the City Council of the City of Boynton B~ach,
Florida has heretofore adopted Ordinance Number 75-19 ln which
a revised zoning map was adopted for said City; and
WHEREAS, by Ordinance No. 79-24 adopted on August 21, 1979
the City Council of the City of Boynton Beach adopted a Comprehen-
sive Plan pursuant to the Local Government Comprehensive Planning
Act. of 1975; and.
WHEREAS, said Comprehensive Plan contains nine required
elements and several other sections and one of the required elemen s
is the Future Land Use Plan element which designates proposed
future general distribution, location and extent of the uses of
land for housing, business, industry, agriculture, recreation,
conservation, education, public buildings and grounds, other
public facilites and other catagories of the public and private
uses of land; and
WHEREAS, certain lands within the City are presently zoned
in a manner inconsistent with the land use element of the Comprei
hensive Plan which has been adopted; and
WHEREAS, the City Council of the City of Boynton Beach
wishes to comply with the tenants of said Comprehensive Planning
Act by making the zoning within the City consistent with the land
use element of said Comprehensive Plan; and
WHEREAS, the Planning and Zoning Board of the City of
Boynton Beach, Florida has held public hearings on said rezonings
and has recommended approval thereof by the Cit.y Council; and
WHEREAS, the City Council has held two public hearings on
t.he Comprehensive Rezoning as contemplated herein and deems it to
be in the best interest of the inhabitants of the said City to
amend the aforesaid Revised Zoning ~ap as follows.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section. 1. That the following land areas which are
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identified and described by area numbers which correspond to
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f land which are enumerated on a map of the City of Boynton Beach,
Florida, attached hereto as Exhibit A and made a part hereof, shall
have their zoning categories changed as follows:
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2
3
4
5
6
8
9
10
11
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17
18
19
20
21
22
23
-24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
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CITY-WIDE REZONING
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Area
49 C4 to
50 CO to
51 CO to
52 C2 to
53 CO to
54 CO to
55 CO to
56 C2 to
57 R3,C3 to
58 RlAA (PUD) to
59 RlAA(PUD)to
60 RlAA(PUD)to
61 CO to
62 R3 to
63 83 to
64 RlAA(PUD)to
65 RlAA(PUD)to
66 CO to
67 :RlAA to
69 :RlAA to
70 R2 to
71 R2 to
72 CO to
74 C4 to
75 R3 to
76 CO to
77 CO to
78 None to
79 R1AA(PUD)to
80 Cd to
81 R~AA to
82 None to
83 RiAA to
84 cl to
85 C3 to
86 C3 to
87 R3 to
88 Cl to
89 R3 to
90 Cl to
91 Cl to
93 CO,C3 to
94 Ml to
95 Ml to
96 RIAA, to
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REC
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Section 2. The revised zoning map of the City sh all be
amended in accordance with the changes enumerated in Section 1.
Section 3. That should any section or provision of this
Ordinance or any portion thereof be declared by Court of competent
jurisdiction to be invalid, such decision shall not affect the
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remainder of this Ordinance.
-2-
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Section 4. All ordinances or parts of ordinances in con-
f1ict herewith are hereby repealed.
Section 5. This Ordinance shall become effective
immediately upon its passage.
~
day of
, 1980.
1lt7
SECOND, FINAL READING AND PASSAGE this ~~
FIRST READING this
'lMf
, 1980.
ATTEST:
~ fr?~ ..-II-
City Clerk v -?..rA'(corp. Seal)
day of
CITY OF BOYNTON BEACH, FLORIDA
-3-
To the City Clerk- City Of Boynton Beach
AFFIDA VIT
RE: Property Address: 600 Lakeside Harbor Drive, Boynton Beach, FI
Project Name: HARBOR CAY
I/We, the undersigned do certify that to the best of my knowledge, the
attached ownership list, 400' radius map and mailing labels are a complete
and accurate representation of the real estate property and property
owners within at least 400 feet of the above-referenced subject property.
This reflects the most current records on file in the Palm Beach County
Property Appraiser's Office.
The notifications were postmarked a minimum of 10 days in advance of
the public hearing.
Site signs were posted on the premises 10 days in advance of the public
hearing in accordance with City Ordinance 04-007. Attached are
photographs of the signs showing their placement on the property.
. von Rospeunt
Managing Member Harbor Cay, LLC
Notary Public, State of Florida
"m,~;.;!~I~"",~ ICMIERlv PAa.WI
f'J3 :t-"',: NoIIIy PubIc . SIIII 01 FbIdI
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"f",.",' Bonded NIIonII ~
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Cc: Planning & Zoning Department
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stn.~ ~ IO~' 1Il'.i./1 \"",l-lL"
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NOTICE OF PUBLIC HEARING
NOTICE OF LAND USE AMEND~" \JT
NOTICE OF REZONING
NOTICE OF NEW SITE PLAN
NOT-ICE IS HEREBY GIVEN that the Community Redevelopment Agency Board of THE CITY OF BOYNTON
BEACH, FLORIDA, will conduct a PUBLIC HEARING, on Tuesday, April 11, 2006 at 6:30 p.m. in the CITY HALL
COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider this request submitted by Richard K.
Brooks, Jr. on behalf of Harbor Cay, LLC. The City Commission of THE CITY OF BOYNTON BEACH, FLORIDA,
in its dual role as Local Planning Agency, will also hold public hearings to consider this request on Tuesday, May
2, 2006 and Tuesday, May 16, 2006. Each hearing will take place at 7:00 p.m., or as soon thereafter as the
agenda permits at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The request
is described as follows:
LOCATION:
East side of Federal Highway approximately 160 feet north of Gateway
Boulevard.
REQUEST:
Amend the Comprehensive Plan Future Land Use Map:
From - Local Retail Commercial (LRC) and Low Density Residential (LOR)
To - Special High Density Residential (SHDR)
REQUEST:
Rezone:
From -
To -
Community Commercial (C-3) and Single-Family Residential
District (R-1-AA)
Infill Planned Unit Development (IPUD)
REQUEST:
New Site Plan Approval
PROPOSED USE:
23 fee-simple townhouse units
LEGAL DESCRIPTION:
A parcel of land in Section15, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County,
Florida, and being a part of Lots 2 and 3 of Sam Brown Jr's Hypoluxo Subdivision according to the plat thereof, as
recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida, and being more particularly
described as follows:
Begin at the intersection of the North line of said Lot 2 with the Easterly Right-of-Way line of State Road No.5
(U.S. # 1) as said Right-of- Way is shown on the plat recorded in Road Plat Book 3, Pages 11-17 of Palm Beach
County, Florida, and also shown on the Florida State Road Department Right-of-Way Map Section No. 93010-
2501, Sheet 3 of 7; thence S08"12'00"E along said East Right-of-Way line for 258.54 feet to a point on the South
line of said lot 3; Thence S89"13'55"E along the South line of said Lot 3 for 273.65 feet; Thence NOO"14'05"E for
127.30 feet; Thence N89"45'55"W for 30.28 feet; Thence N04 "23'20"E for 5.35 feet to a found iron pipe
approximately one foot below existing grade of the asphalt road for Lakeside Harbor Drive, said pipe also being on
the common lot line of said lots 2 and 3; Thence continue N04 "23'20"E for 124.27 feet to a point on the North line
of said Lot 2; Thence N89"13'55"W along said North line of lot 2 for 216.93 feet to the Point of Beginning.
(Insert map here)
This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning
and Zoning Division, 100 East Boynton Beach Boulevard.
All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person
who decides to appeal any decision of the Community Redevelopment Agency Board or 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 DIVISION
(561) 742-6260
PUBLISH:
The Post
April 1, 2006
April 11, 2006
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S:IPlanningISHAREDI W P\PROJECTSIHarbor Cay\L UAR 06-009\1 egalnot2 .doc
. OEPAHTMfNT OF DEVELOPMENl
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The City of BOYliton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
March 8, 2006
Ms. Anna Yes key
Clearinghouse
9835-16 Lake Worth Road, Suite 223
Lake Worth, Florida 33467
Re: Harbor Cay
File No. LUAR 06-002
Location: 600 Lakeside Drive
08-43-45-15-03-000-0034
08-43-45-15-03-000-0022
08-43-45-15-03-000-0025
Dear Anna:
Attached is the completed Executive Summary for the above-reference Comprehensive
Plan Amendment.
If further information is needed, please contact me at (561) 742-6256.
Sincerely
~ cltU
Eric Lee Johnson, AICP
Planner
Encl:
S:\Plannlng\SHARED\WP\PROJECTS\Hartlor Cay\WAR O&OO9\IPARC Cover.doc
Page lof2
EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS
DATE: March 8, 2006
Reference # LUAR 06-009
General Information
Initiating Local Government: City of Boynton Beach
Contact Person: Eric Lee Johnson, Planner
Address: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425
TelephonelFax: (561) 742-6256 / (561) 742-6259 fax
Agent I Applicant: Richard K. Brooks, Jr. for Harbor Cay, LLC
TelephonelFax: 561-750-3661 1561-394-6802
Proposed Comprehensive Plan Textual Amendments
General Surnmary of Amendments:
_ amendments relating to traffic circulation or the roadway networks
_ amendments relating to affordable housing
Amendments related to the following elements:
-L. land use
- traffic circulation
- mass transit
_ ports and aviation
_ housing
infrastructure sub-elements
-
_ coastal management
- conservation
_ recreation and open space
_ intergovernmental coordination
_ capital improvements
- other
Surnmary of addition (s) to adopted comprehensive plan: Future Land Use Map Amendment
.
Page 2 of2
Summary of proposed change (s) to adopted comprehensive plan:
Proposed Amendments to the Future Land Use Map
Location of proposed map amendment (include a location map): 600 Lakeside Harbor Drive (east side of Federal Highway
located approximately 160 feet north of Gateway Boulevard
Size of Area Proposed for Change (acres): 1.429 acres
Present Future Land Use Plan Designation (include a density/intensity definition): Local Retail Commercial (10.8 du / ac) and
Low Density Residential (4.84 du lac)
Proposed Future Land Use Designation (include a density/intensity definition): Special High Density Residential (20 du / ac)
Present Zoning of Site (include a densitylintensity definition): Community Commercial (10.8 du / ac) and Single-family
Residential District (4.84 du / ac)
Proposed Zoning of Site (include a density/intensity definition) IPUD Infill Planned Unit Development (20 du/ac)
Present Development of Site: Vacant commercial /-residential
Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square
Footage; Other Proposed usage and intensity): 23 fee-simple townhouse units
Is proposed change a Development of Regional Impact? N/A
Comprehensive Plan Change Processing
Date / Time / Location Scheduled for Community Redevelopment Agency Board Hearing:
April 11, 2006/6:30 p.m. / City Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, Florida
Date I Time I Location Scheduled for LP A / Governing Body Public Hearing
May 2,2006/7:00 p.m. / City Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, Florida
Scheduled Date for Transmittal to DCA May 26, 2006
LOCATION MAP
Harbor Cay
Exhibit "A"
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Las Palmas Pk
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REC
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RENEWAL MAILED
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Business control number 17688
..Business name & address
PATEL,ANDY
600 lAKESIDE HARBOR
; BOYNTON BEACH FL 33435
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: 310812006 I 3: 13:22 PM
: Mailing address- .--- ...-....--..
,1503BELVEDERE ROAD
'WEST PALM BEACH FL 33408
LESS.
FOUR UNITS OR LESS.
Status
ACTIVE
RENEWED
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