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LEGAL APPROVAL The City of BoyntL1Iil 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 September 26, 2005 Weiner & Aronson, P A 102 N Swinton Ave Delray Beach, FL 33444 RE: File No.: Location: Boynton Dixie PUD NWSP 05-024 Gulfstream Blvd W ofFEC Railroad Gentlemen: Enclosed is the Development Order granted by the City Commission on September 20,2005. 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 TRC member for additional clarification of comments. Important: 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. Sincerely, ~c:?~ Michael W. Rumpf Director of Planning & Zoning Ene. Dev Ord cc: Pineapple Grove Properties S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\NWSP 05'{)24\Approval Form letter Site Plan approval letter after CC - new.doc Ut:VI:LUf-IMENT ORDER OF THE CITY COMMISSION OF THE CITV OF BOYNTON BEACH, FLORlr Development P&Z Building Engineering Occ. LIcense Deputy City Clerk PROJECT NAME: Boynton Dixie PUD APPLICANT'S AGENT: Weiner & Aronson, P.A. APPLICANT: Mr. Robert Mathias with New Century Companies, LLC and Pineapple Grove Properties, L TD APPLICANT'S ADDRESS: 1020 South Federal Highway, Suite 102 Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the PUD Planned Unit Development zoning district LOCATION OF PROPERTY: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way) DRAWING(S): SEE EXHIBIT "B" A IT ACHED HERETO. X THIS MA ITER 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 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 consJs!~!ll ~itt! the requirements of the City's Land Development Regulations. ~; , - ""!,",""o 2. The Applicant ~AS HAS NOT I i t !, 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 t and conditions of this order. DATED: 7. Other S:IPlanningISHARED\WPIPROmCfSlBoynlon Dixie\NWSP OS-0241DO.doc _.ot.;.,~ EXHBIT "C" Conditions of Approval ......... Project name: Boynton Dixie File number: NWSP 05-024 Reference: 2nd review plans identified as a New Site Plan with a July 19. 2005 Planning and Zoning Department date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide an acceptable turn-around for the northeast dead-end roadway. The X turn-around may be placed either at the end of the dead-end roadway or rnay be placed in the green area west of the northeast grouping of townhouses. 2. The applicant shall provide design plans for reconstruction of the X FECRR/Gulfstream Blvd. crossing, including roadway re-alignment, curb & gutter, concrete median dividers, striping, and signals. The applicant shall provide an engineer's estimate for the railroad crossing. The City will consider sharing the cost of construction of the FECRR crossing. The extent of cost share is subject to allocation of funds in the City budget for fiscal year . ...:;:.;..:. 2006/2007. The concrete median on the west side of the tracks shall extend west a minimum of 100 feet. ENGINEERING DIVISION Connnents: 3. If the City Commission approves the Site Plan, the applicant shall enter the X plat process through the City's Engineering Division. A preliminary plat applicatiop may be initiated during the Site Plan review to expedite issuance of the Land Development Permit. 4. The medians on Gulfstream Blvd. have existing irrigation and plant material X belonging to and maintained by the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. The contractor shall notify and coordinate with the City of Boynton Beach Forestry & Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activities. Please acknowledge this notice in your comments response and add a note to the appropriate plan sheets with the above stated information. 5. 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 COA 08/22/05 2 DEPARTMENTS INCLUDE REJECT permitting. 6. Specify storm sewer diameters, inlets types, etc. on Drainage Plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 7. 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: 8. Palm Beach County Health Department permits will be required for the water X and sewer systems servin~ this project (CODE, Section 26-12). 9. 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)). ~ ....;;:- 10. 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. 11. The Utilities Division will not require surety for installation of the water and X sewer 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 Certifiqate of Occupancy. 12. 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. 13. At the time of permitting, the applicant will be required to verify the sizes of X the existing water / sewer line sizes. The eight inch (8") line depicted in Gulfstream Boulevard may only be six inches (6''). 14. The proposed water main system is shown tying into an 8-in. line on the south X and north. The northerly existing main reduces to 6-in. west of the railroad tracks. The northerly line shall be upsized to a 12-in. main to Seacrest Blvd. COA 08/22/05 3 DEPARTMENTS INCLUDE REJECT This work shall be coordinated with the developer of the Gulfstream Mall property. Work will include providing a hydraulic analysis showing that the proposed work, including main upgrade is capable of providing adequate flows for domestic use and fire flows for this develoDment. 15. Revise alignment of the water main to the north to keep the main out of the X- FECRR right-of-way as 10nJ! as possible. 16. Extend sanitary sewer mains, and add manholes as necessary, to the end of X each dead-end section to properly service each fee-simple townhouse. 17. 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: None X POLICE . <;.;:,. Comments: None X BUILDING DIVISION Comments: 18. 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 provisioJls of ASCE 7, Chapter 6, and the provision:; 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 aDDlication. ..:.; 19. 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 buildinJ! desilm. 20. 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. 21. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 22. Identify within the site data the finish floor elevation (lowest floor elevation) X COA 08/22/05 4 DEPARTMENTS INCLUDE REJECT 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: a. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans; b. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 23. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse/recreation building, provide the following: Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? Will there be any additional deliveries to the site? ,. Will there be any additional employees to maintain and provide service to the site? Please provide the City with a copy of the letter that will be sent to the impact 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. 24. 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. :. 25. 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 ofperrnit application, F.S. 373.216. 26. 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 COA 08/22/05 5 DEPARTMENTS INCLUDE REJECT Commission-approved site plans; The number of dwelling units in each building; The number of bedrooms in each dwelling unit. 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). 27. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting 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. 28. 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 rnust be the same as noted on the Comrnission- approved site plans; The number of dwelling units in each building; The total amount beinl! oaid (CBBCO,- Chapter 1, Article V, Section 3(t)). 29. Pursuant to approval by the City Commission and all other outside agencies, X the pl'Vls 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 bv the City Commission. 30. 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 buildinl! oermit application at the time of application submittal. 31. The mail kiosk is considered a "common area" and shall comply with the X handicap accessibility reauirements in 2001 FBC, Chapter 11. COA 08/22/05 6 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 32. Recreation and Parks Impact Fee: X 82 single-faily attached units @ $771.00/unit = $63,222.00. Must be paid prior to issuance of first permit. FORESTERlENVIRONMENT ALIST Comments: 33. There are several existing gopher tortoise burrows on the site. The applicant X must provide a Flora and Fauna survey to the City and obtain a gopher tortoise permit from the State of Florida Wildlife Commission. The applicant must submit a copy of the permit application to the City Forester prior to the issuance of the property Clearing and Grubbing permit. 34. The Landscape Architect should review the tabular mitigation for the X following (35) trees proposed to be removed and show the trees numbered . <, ..-~ 2,3,4,5,6,7,14,30,31,33,37,40,41 ,42,43,45,46,49,50,51 ,52,54,55,56,57,58,59, 62,63,64,65,66,67,68,and 69 to be relocated from the site. These trees are all mature native species of trees. 35. All shade and palm trees on the Trees and Palms List must be listed in the description as a minimum of 12 feet to 14 feet in height, 3-inch DBH (4.5 feet X off the ground), and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12 feet to 14 feet to meet the 3-inche diameter requirement; or any clear wood (cw), gray wood (gw), or "wood" specifications (Chapter 7.5, Article II Sec. 5.C. 2). The landscape design should include the City signature trees (Tibochina granulqsa) at all of the ingress / egress areas to the site. These trees must meet me minimum size specifications for trees (Chapter 7.5, Article II Sec. 5.C.3.N.); The applicant should show an elevation section indicating how the height of the proposed landscape material will visually buffer the proposed buildings from the Gulfstream Boulevard road right-of-way; All shrubs specifications should indicate the spread dimensions. PLANNING AND ZONING Comments: '. COA 08/22/05 7 DEPARTMENTS INCLUDE REJECT 36. To follow the intent of the recommendations of the Problems and X Opportunities section of the Future Land Use Element Data and Analysis, pertaining to land use compatibility, the western building, containing 12 units, should be broken up to relieve the wall-like effect against the adjacent single-family developrnent and/or separated from adjacent single farnily homes with a wider buffer and increased landscape materials. 37. Add additional architectural design elements to the rear elevation of the units facing Gulf stream Boulevard so as to resemble the front facades, and X to provide sorne visual variety and interest. 38. Approval of this site plan is contingent upon the accompanying request for X annexation (ANEX 05-003) and land use / rezoning application (LUAR 05- 007). . 39. 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 evidence (i.e. a letter) of their approval prior to Commission consideration. 40. In order to ensure proper maintenance of the buffer areas, staff recommends X that they be maintained by the Home Owners' Association so that no individual property owner removes any of the required plant material along . ....:...:~ the perimeter of the PUD, and HOA documents reflect same. 41. On the landscape plan, ensure that the plant quantities match between the X tabular data and the ~aphic illustration. 42. The palm trees proposed around the townhouse buildings must be installed X at ~ the building height of the building (Chapter 7.5, Article II, Section S.M.). 43. Feature'lighting emphasizing plants, trees, barriers, entrances, and exits is X encouraged (Chapter 9, Section 1O.F.3.). 44. The dll-street parking appears to eliminate the ability to have sidewalk on X both sides of the streets. Recommend eliminating these spaces due to the proposed number of parking spaces within the development well exceeding code requirements, and place sidewalk on both sides of each street. 45. Staff recommends all trees proposed along the west, north, and east property X lines be installed at 14 feet to 16 feet in height. 46. The landscape plan shows that the rear yard of each interior lot would X contain a Green Buttonwood tree spaced one (1) tree per 30 linear feet, with a continuous row of Redtip Cocoplum hedges installed at the base. Staff recommends that the spacing of these canopy trees be no more than one (1) tree per 20 linear feet, re~ardless of proposed lot lines. COA 08/22/05 8 DEPARTMENTS INCLUDE REJECT 47. Staff recommends that the height of the screen enclosures be limited to the X mean height. 48. Consider combining the recreation areas at the central location to eliminate X- need for parking spaces, place active areas remote from the vehicle intensive entrance area, and maximize the efficiency in design. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 49. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 50. To be determined. ~ MWR/elj S:\Planning\SHARED\ WP\PROJECTS\Boynton Dixie\NWSP 05-024\COA.doc ~ Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Request to rezone from Single-family Residential (RS) to Planned Unit Development (PUD) for the development of 82 town homes, recreation areas and related site improvements on 8.6-acres. Dick Hudson, Senior Planner, reported that staff recommended approval of this item based on consistency with the Comprehensive Plan, existence of capacity to meet the service needs generated by the proposed project, and because it would make an economic contribution to the neighborhood and the City; however, this recommendation was contingent on further modifications to the Master Plan or site plan to improve the transition to or boundary between the project and the adjacent single family neighborhood and also to present a better view toward the street. Michael Weiner, appearing for the applicant, stated that since it was going to be discussed in connection with the site plan, he wanted to reserve his comments, saying only that there was substantial agreement between the applicant and staff and that the applicant would deal with the few things still under discussion. Chair Wische opened the floor to the public, and closed it when no one came fOlWard. Mr. Saberson was not in favor of this application because of the density. He had spoken at other times about his interest in protecting single-family subdivisions and the proposed density was going from 5 units an acre to almost 10 units an acre. The applicant was maximizing the density to the greatest extent possible. He referred to existing policies in the Comprehensive Plan that called for having lower densities next to single-family residential and higher densities next to the road. An approval of this project would be in direct conflict with that. Another policy was quoted that says, "The City shall continue to maintain and improve the character of existing single-family and lower density neighborhoods by preventing conversions to higher densities, except when consistent with adjacent land uses." This high-density project would be inconsistent with adjacent land uses and he could not support the request. He would consider approving it if the applicant came in with a plan that was more protective of the single-family adjacent neighborhood. Motion Mr. Cwynar moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5) to Medium Density Residential (MeDR). Mr. Baldwin seconded the motion that passed 5-2, Ms. Jasciewicz and Mr. Saberson dissenting. Motion Mr. Cwynar moved to approve the request to rezone from Single Family Residential (RS) to Planned Unit Development (PUD) for the development of 82 town homes, recreation areas and related site improvements on 8.6-acres. Vice Chair Hay seconded the motion that passed 5-2, Ms. Jasciewicz and Mr. Saberson dissenting. A. New Site Plan 3. Project: Agent~ Boynton Dixie (NWSP 05-024) Weiner & Aronson, P.A. 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Owner: Location: Description: Pineapple Grove Properties, L TD Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway Request for new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the (Planned Unit Development (PUD) zoning district. Chair Wische declared this project had 48 staff conditions and asked the applicant's position on them. Michael Weiner, appearing for the applicant, stated there were 47 conditions on which they agreed. They did not, however, agree with Condition #36 on the topic of separating the twelve units to relieve the "wall-like" effect against the adjacent single-family development and/or separate them with a wider buffer and increased landscaping. Mr. Weiner stated that increasing the landscape materials would not be a problem. They were not opposed to the spirit of Condition #36 and believed they could separate the buildings into 2 six-building pods, However, he asked for the record to reflect that final resolution on this would take place when they next met with staff. Ms. Jasciewicz asked the applicant to consider replacing the proposed chain link fence between the project and the single-family residence(s) with a wall. One and a half of the back yards of the proposed project would be facing one residential back yard. Mr. Weiner responded that the trees would be 20 feet off center and there would be a substantial amount of vegetation. Walls create a maintenance problem for the homeowner and the project and present safety issues since people find them a good place to hide behind and jump over. They thought this would be best addressed with a vinyl chain link fence and additional landscaping. Ms. Jasciewicz suggested combining the tot lot with the regular recreation area and putting it in the center of the project. Mr. Weiner said they were thinking of eliminating parking to make the area larger and would discuss this with staff. Chair Wische opened the floor to the public and closed it when no one came fOlWard to speak. Eric Johnson, Planner, stated that staff recommended approval of the site plan with the conditions. Attorney Tokes declared, in response to a question from the board, that Condition #36, as written, provided for the ability of the developer to work with staff to meet the intent of the recommendations. Approving it with that condition could require the applicant to meet with staff anyway. Ms. Jasciewicz wanted the motion to reflect her concerns as stated. The Board did not concur with the recommendation for a wall. 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Motion Mr. Cwynar moved to approve the request for new site plan approval to construct 82 fee- simple town houses on an 8.6-acre parcel in the Planned Unit Development Zoning District, subject to all staff conditions. Mr. Casaine seconded the motion that passed 6-1, Mr. Saberson dissenting. Ms. Jasciewicz voted in favor of it with the understanding that the applicant would consider her comments and suggestions. Mr. Casaine reiterated that Condition #36 would be worked out between the applicant and staff. B. New Site Plan 1. Project: Cortina @ Boynton Village (NWSP 05- 001) Steve Liller, Hovstone Properties, Florida, LLC The Klatt Family Limited Partnership # 1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct 458 fee-simple townhouse units in the Suburban Mixed-Use (SMU) zoning district. Agent: Owner: Location: Description: Steve Liller, Town &: Country Homes, appeared to answer questions. James Williams, Architect for the project appeared also. Chair Wische asked the applicant's position on the 41 staff comments. Attorney Tolces swore in the latecomers before proceeding. Mr. Williams declared that the applicant agreed with all staff conditions except clarification was needed on Conditions #19 and #40. Condition #19 refers to a greenway to be consistent with the greenway proposed along the Renaissance Commons project. They would prefer green area or green space to the term greenway. Eric Johnson, Planner, said the word greenway was used to be consistent with the greenway proposed for the Renaissance Commons project. For this project, the greenway would occur along the east and north property lines and would be 40 feet wide on the east and 25 feet wide on the north. Mr. Williams asked for and received confirmation they were talking about an area with walkways and benches, not a wild, nature-type preserve. Mr. Johnson also stated that Parks & Recreation had come up with a definition of what a greenway would look like and it typically included a meandering path with some trees, park benches, and trash receptacles. Mr. Williams felt they could agree to this condition. Mr. Williams declared that Condition #40 referred to the location of the live/work units. Staff suggested eliminating live work units at the northeast corner of the subject property. The ordinance states that live/work units should be located along perimeter roads, and should, therefore, be allowed. 6