AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
0 August 16, 2005 August I, 2005 (Noon) 0 October 18, 2005 October 3,2005 (Noon)
0 September 6, 2005 August 15,2005 (Noon) 0 November 1, 2005 October 17, 2005 (Noon)
0 September 20, 2005 September 6,2005 (Noon) 0 November IS, 2005 October 31, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the August 2,2005 City Commission Agenda under Public Hearing,
to be combined with the corresponding Land Use Amendment and Rezoning item. The Community Redevelopment Agency
Board recommended that the subject request be approved on July 12, 2005, subject to all conditions, plus the additional
conditions regarding designation of parking spaces for condominium units and documentation within sales documents
regarding limitation of one (1) parking space per condo unit for the twelve units in building 2. For further details pertaining
to the request, see attached Department of Development Memorandum No. PZ 05-117.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Heritage Club @ Boynton Beach (NWSP 05-014)
Michael Weiner, Esquire, Weiner & Aronson, P.A.
Thirty Six Hundred Holdings, LLC
3629 South Federal Highway
Request New Site Plan approval in order to construct 70 townhouse units, a four (4)-story
mixed-use building consisting of84 dwelling units, 3,500 square feet of restaurant, 4,100
square feet of retail, and 5,164 square feet of office. The site plan also includes a three
(3)-story mixed-use building consisting of 12 dwelling units, 5,394 square feet of retail,
and 1,380 square feet of office, all of which, are proposed on an 8.302-acre parcel zoned
PUD Planned Unit Development.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
Devel D partment Director City Manager's Signature
~ ...~
./ Planning and Zonin&irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\NWSP 05-014\Agenda Item Request Heritage Club NWSP 05-014 8-2-05.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-117
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency and City Commission
THRU:
FROM:
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP ~
Planner 0
July 6, 2005 '
DATE:
PROJECT NAME/NO:
Heritage Club / NWSP 05-014
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner: Thirty Six Hundred Holdings, LLC
Applicant: New Century Companies, LLC and Thirty Six Hundred Holdings, LLC
Agent: Mr. Michael Weiner, Esquire / Weiner & Aronson, P.A.
Location: Northwest corner of the intersection of Federal Highway and Gulfstream
Boulevard (Exhibit "AIf)
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Special High Density Residential
Proposed Zoning: PUD Planned Unit Development
Proposed Uses:
Office:
Retail:
Restaurant:
Residential:
6,544 square feet
9,494 square feet
3,500 square feet
70 townhouse units
96 multi-family units
Acreage:
:t8.302 acres
Adjacent Uses:
North:
Developed property (self-service storage) designated Local Retail Commercial
and zoned C-3 Community Commercial;
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 2
South:
Developed outparcel (adult entertainment) designated Local Retail Commercial
and zoned C-3 Community Commercial, then the right-of-way of Gulfstream
Boulevard, then developed commercial (fast-food and office building)
designated Local Retail Commercial and zoned C-3 Community Commercial;
East:
Right-of-way of Federal Highway then undeveloped property in the Town of
Gulfstream designated Recreation and zoned OR Outdoor Recreation; and
West:
Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then
vacant property in Palm Beach County designated MR-5 (5 du/ac) and zoned
RS-Single-family Residential.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
Proposal:
Mr. Michael Weiner, agent for the property owner (Thirty Six Hundred Holdings,
LLC) is requesting to develop a large scale, mixed-use project. The survey shows
that the subject property is currently developed with a one (i)-story shopping
center and related parking areas. The intent is to raze the existing shopping center
and redevelop the site with 13 townhouse buildings and two (2) mixed-use
buildings, including their interior parking garages. Approval of this project is
contingent upon the approval of the accompanying request to amend the Future
Land Use Map and rezone (LUAR 05-005) the property from Community
Commercial (C-3) to Planned Unit Development (PUD). It should be noted that the
current PUD regulations permit neighborhood commercial uses within the
residential development, but require that the areas designated for commercial
activities not front on exterior or perimeter streets and preferably are located
centrally within the project. Staff is proposing an amendment to the Land
Development Regulations, Chapter 2.5 Planned Unit Development, Section 9.D.
Commercial Standards, to allow for commercial uses in PUDs to front on exterior or
perimeter streets, when such locations are consistent with adopted redevelopment
policies and plans. Therefore, approval of this site plan is contingent upon the staff
initiated request for code review (CDRV 05-011). Also, the PUD zoning district
allows for a maximum height of 45 feet. The applicant submitted an accompanying
request for height exception (HTEX 05-004) because as proposed, decorative
features of the building would exceed the 45-foot height threshold (see Exhibit "CIf
- Conditions of Approval).
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 3
ANALYSIS
Concurrency:
Traffic: Generally, anticipated project traffic is generated by two factors, namely the
proposed use and its intensity. Intensity is typically measured by the proposed
building area (in square feet). The project's traffic statement was reviewed and
approved by the Palm Beach County Traffic Division. Based on the Traffic
Division's review, it has been determined that the residential portion of the
proposed mixed-use redevelopment project is located within the Coastal Residential
Exception Areas of Palm Beach County, while the retail and office components
generate less daily and peak hour trips than the existing retail space which is to be
demolished. The project meets the Traffic Performance Standards of Palm Beach
County, contingent upon the provision of a southbound exclusive right-turn lane on
North Federal Highway leading to the project access driveway. No building permits
are to be issued after the build-out date of 2008 (see Exhibit "c" - Conditions of
Approval).
Utilities: The purchase of up to 5 million gallons of potable water per day from Palm Beach
County Utilities would supply potable water for this project (projected to a total of
83,885 gallons per day). Local piping and infrastructure improvements may be
required for the project, dependent upon the final project configuration and fire-
flow demands. These local improvements would be the responsibility of the site
developer and would be reviewed at the time of permitting. Sufficient sanitary
sewer and wastewater treatment capacity is currently available to serve the project
total of 44,225 gallons per day, subject to the applicant making a firm reservation
of capacity, following approval of the site plan.
Police/Fire: For the purposes of this study, a statistical analysis was completed to show the
percentage of increase of police calls for service for the selected project area. A
crime analysis for 2004 shows that there have been 9,814 calls for service for zone
5, which represents 14.4% of all calls for service. There are no other existing
developments to use as a comparison for this assessment. It must be noted that
this project is one of six (6) mixed-use projects planned for completion. An
increase of 12% of total calls for service is projected from proposed citywide
growth. The subject project would have a direct impact on providing an adequate
level of publiC service to this area. The need for additional officers in Zone 5 is
evident by the high percentage of calls for service that one officer is currently
handling. Due to new development throughout the city, all city services will be
affected. Service requirements for the police department will be impacted greatly
and the demand for more police personnel and equipment will be needed to
balance the increase in population.
Fire staff reviewed the site plan and determined that current staffing levels would
be sufficient to meet the expected demand for services. Infrastructure
requirements such as hydrants and roadways would be addressed during the
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 4
permitting process (see Exhibit "c" - Conditions of Approval).
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "c" - Conditions of Approval).
School: Regarding school concurrency, the proposed project lies within Concurrency Service
Areas (CSA) 19 and SAC 283. Based on the School District of Palm Beach County's
adopted multiplier's for an average multi-family dwelling unit, the proposed
development may generate 14 elementary school students, seven (7) middle school
students, and 10 high school students. The School District determined that
adequate capacity exists to accommodate the projected resident children.
Driveways: The project can be characterized as "urban infill, mixed-use" development whereby
front building setbacks are minimal and off-street parking is relegated to a
subordinate role. The site plan shows that the development would be divided into
two (2) distinct areas, namely, the townhouse portion and the mixed-use portion.
The plans show that parking garages would provide for the majority of off-street
parking spaces for the mixed-use portion. The garages are intentionally proposed
as hidden structures located within the core of the project and virtually unseen from
the major roadways. Likewise, the project is not proposing traditional driveways or
surface parking lots like that of "suburbanlf-type of projects (where driveways
connect to off-street parking located in front of the buildings).
The site plan shows that vehicles would enter the site from three (3) points of
entry. Utilizing the existing curb-cut, the main entrance is proposed on Federal
Highway. This entrance would serve as the primary point of ingress for both the
mixed-use portion and the townhouse portion of the development. Vehicles
traveling southbound on Federal Highway would enter the site by utilizing the
deceleration lane proposed on Federal Highway and drive within the is-foot wide
ingress lane. The egress lane would also be 15 feet wide and allow for right-turn
(south) traffic movement. The driveway, drive aisles, and turning radius, internal
to the development, would be improved to conform to current city engineering
standards.
An alternate entrance is also proposed along Federal Highway, at the northeast
corner of the site. However, this entrance would only be used as a one (i)-way
service drive for mixed-use Building 1. The drive aisle would connect to Old Dixie
Highway. Although not dimensioned, when scaled, it appears as though the
driveway opening would be 15 feet in width.
The third point of ingress is proposed along Gulfstream Boulevard. This driveway
opening would serve as the secondary pOint of ingress but proposed for only the
townhouse portion of the site. It would be gated and no access would be permitted
to the mixed-use areas. Although not dimensioned, when scaled, it appears as
though the driveway opening would be 15 feet in width. Likewise, the egress lane
would also be 15 feet in width. It would allow for right (west) and left (east) turn
traffic movements onto Gulfstream Boulevard.
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 5
Parking Facility: Off-street parking proposed within the development must meet the requirements in
Chapter 2, Section 11.H. of the Boynton Beach Land Development Regulations.
The project proposes a mix of residential, retail, restaurant, and office uses. One-
bedroom apartment units require one and one-half (1'12) parking spaces. Two
bedroom apartment units require two (2) parking spaces. The project proposes
166 dwelling units (a mixture of one, two, and three bedrooms), requiring 330
parking spaces. Retail uses proposed within mixed-use projects require one (1)
parking space per 200 square feet of gross leasable floor area. For this project, a
total of 48 parking spaces would be required for the retail uses. Office uses require
one (1) parking space per 300 square feet of gross floor area. The project
proposes 6,544 square feet of office and therefore, would require 21 parking
spaces. Restaurants require one (1) parking space per two and one-half (2- V2)
seats but not less than one (1) parking space per 100 square feet of gross floor
area. The site plan proposes 3,500 square feet and therefore, would require 35
parking spaces. In conclusion, under these standardized parking methodologies, a
total of 434 parking spaces would be required. In summary, the plan would provide
46 surface parking spaces, 235 parking garage spaces, and 140 townhouse garage
spaces. The project would only provide a grand total of 421 parking spaces, a
deficiency of 13 spaces. To comply, the applicant submitted a shared parking
analysis which demonstrates that 413 parking spaces would be required, resulting
in an excess of eight (8) spaces.
Building 1 proposes a mix of residential, commercial, restaurant, and office uses,
requiring 237 parking spaces. The parking garage internal to Building 1 would
provide only 152 spaces. Fifteen surface spaces are also proposed near Building 1,
which provides a total of 167 parking spaces but a deficit of 70 spaces. It should
be noted that the residential portion of Building 1 would require 164 spaces. The
intent is to restrict access to the garage to be used solely by the residents who
reside within Building 1. The commercial users would park in the surplus spaces
provided by Building 2.
The townhouse portion of the development would be self-sufficient in terms of its
required parking. The townhouses would require 145 spaces and would proVide
155 spaces. This would be accomplished by providing 140 garage spaces and 15
on-street parking spaces. In addition to the off-street parking, the project is
proposing 21 on-street parking spaces within the Old Dixie Highway and Gulfstream
Boulevard rights-of-way. However, these spaces cannot contribute towards the
number of provided parking spaces. According to the applicant, however, they will
be unrestricted and open for publiC use.
Landscaping:
The cover sheet tabular data indicates that the proposed pervious areas would
equal 3.112 acres or 37.52% of the site. The tree removal plan (sheet T-1)
indicates the subject site currently contains 93 trees with a total of 955 caliper
inches to mitigate. The existing tree species are as follows: Black Olive, Cabbage
palm, Fish Tail palm, Mahogany, and several unknown trees. Eight (8) of the 93
trees would remain. The landscape plan proposes a 110% replacement of the
caliper inches, with a total of 62 canopy trees, 185 small non-shade trees, 164
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 6
palm trees, 34 small palm trees, 7,013 shrubs, and 3,381 groundcover plants.
According to the plant list, 226 of the 423 trees or 53% would be native. The
landscape plan also proposes a total of 6,073 plants or 58% of the shrubs / hedges
/ accents would be native species.
The plant material proposed along Federal Highway within the east landscape
(east) buffer would consist of the following species: Ixora Nora Grant, Dwarf Ilex
Holly, Golden Duranta, Redtip Cocoplum, Dwarf Bougainvillea shrub, Eugenia,
Washingtonia palm, Zahidi Date palm, Tree Ligustrum, and Florida Royal palm.
The Florida Royal palm trees would be 25 feet tall at the time of installation. Their
height would help soften the upper stories of the four (4) story buildings.
Ligustrum trees are proposed in between the Royal palm trees. These smaller
trees are strategically placed to provide more of a human scale. Both trees would
not interfere with overhead lines along Federal Highway.
The south landscape buffer would be 10 feet in depth in areas where it abuts the
out-parcel to the south. The existing mature Black Olives would remain and eight
(8) Pigeon Plum trees are also proposed to help soften the two (2) story parking
structure. A row of Redtip Cocoplum hedges are proposed (along the periphery of
the subject property) adjacent to the sides of the out-parcel. A row of Pigeon plum
trees are proposed along Gulfstream Boulevard within the fee-simple lot area of the
three (3)-story townhouses. A row of Live Oak trees are proposed outside the fee-
simple area and within both the right-of-way for Gulfstream Boulevard and Old
Dixie Highway. In addition, the developer is proposing trees and shrubs at the
northwest corner of Federal Highway and Gulfstream Boulevard, which would serve
as a grand entrance into the City. Staff fully supports the installation of the trees
and shrubs within the rights-of-way. However, all plant material proposed outside
the property line must be excluded from the plant list in terms of meeting the
minimum required landscape requirement (see Exhibit "C" - Conditions of
Approval).
In the past, the Old Dixie Highway corridor was not improved to current City
standards. Therefore, the developer will be required to set aside the western 20
feet of the subject property for right-of-way purposes. As proposed, the
townhouse buildings along Old Dixie Highway would be setback 20 feet from the
sidewalk interior. The interior of the sidewalk would demarcate between private
and public ownership. This 20-foot wide setback area would also function as the
western landscape buffer. A black aluminum rail fence (42 inches in height) is
proposed within the buffer area. It would be setback approximately six (6) feet
from the back of the sidewalk. Additionally, either Pigeon Plum trees or Live Oak
trees, in conjunction with various shrubs / groundcover (Purple Crinum Lily, Dwarf
Indian Hawthorne, and Tricolor Shefflera) is also proposed within this 20 foot wide
buffer, within the limits of the fee-simple area of the townhouses. It should be
noted that the choice of canopy trees, proposed within the northern half of this
west landscape buffer, is limited due to the presence of overhead power lines that
currently run parallel to Old Dixie Highway. There are no overhead power lines
present within the southern half of the west landscape buffer and therefore, Live
Oak (street) trees may be planted there.
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 7
The north landscape buffer would be four (4) feet in width at its narrowest point
and 12 feet wide at its widest point. It would contain a mix of trees, shrubs, and
groundcover (Silver Buttonwood, Yellow Elder, Redtip Cocoplum, and Wild Coffee).
A one (i)-way drive aisle would run parallel to this landscape buffer.
The interior of the site would contain a substantial amount of plant material. Staff
focused on the location and height of the proposed trees, especially in areas where
the parking structures are proposed. The landscape plan shows that the planting
strip along the north fa~ade of Building 1 would be approximately 12 wide. The
landscape plan proposes a row of Cabbage palm (installed at 16 feet to 23 feet of
clear trunk), Fishtail palm (12 feet to 14 feet in height), and Ugustrum (10 feet).
These trees would help to provide an upper level and lower level canopy. In
addition, the northeast, northwest, and southwest corners of Building 1 would have
clusters of Washingtonia palm trees installed at 18 feet to 24 feet in height. The
front (south) fa~ade of Building 1 would have a row of Solitaire palm trees installed
at 18 feet to 22 feet in height. Building 2 is also proposed as a four (4 )-story
building but mainly along Federal Highway. The interior parking garage would only
be two (2)-stories tall. The landscape plan proposes a row of Pigeon Plum trees
along the north fa~ade of Building 2. Staff recommends substituting the Pigeon
Plum trees, proposed at the main access drive with Royal palm trees (see Exhibit
"C" - Conditions of Approval).
Building and Site: The site plan proposes a mix of residential and commercial uses. The commercial
square footage would total 3.52% of the entire site. Building and site design as
proposed would generally meet code requirements when staff comments are
incorporated into the permit drawings. The maximum allowed density of the SHDR
land use category would be 20 dwelling units per acre. The proposed project
density would be 20 dwelling units per acre. As previously mentioned, the existing
commercial buildings would be replaced with the proposed four (4)-story mixed-use
buildings and three (3)-story townhouse buildings. The depth of the parcel extends
westward from Federal Highway to Old Dixie Highway, excluding the lone out-
parcel where the adult entertainment establishment is located. As such, the
subject property fronts on three (3) rights-of-way. The taller, four (4)-story,
mixed-use buildings would front on Federal Highway whereas the three (3)-story
townhouse buildings would face Old Dixie Highway and Gulfstream Boulevard. The
mixed-use buildings would contain an internal parking garage. All buildings are
oriented so that they "facelf the street, a characteristic fully endorsed by staff. The
PUD zoning district allows for a maximum height of 45 feet. The elevations of
Building 1 and Building 2 show that portions of their roofline would exceed the
maximum allowed height. However, these appurtenances are decorative
architectural elements and / or inhabitable spaces, and would be considered
eligible for height exception. The applicant requested a height exception of 15
feet. The review of the height exception is discussed in an accompanying staff
report (HTEX 05-004). The height, as defined by the Land Development
Regulations of Building 1 and 2 would be 41 feet. Their parapet walls are proposed
at 46 feet in height, which is permitted by the Regulations. Generally, the three
(3)-story townhouses are proposed at 35 feet - nine (9) inches in height.
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 8
However, the townhouse building proposed directly west of Building 2 would be 31
feet - six (6) inches in height. The building was designed with a different roofline
in order to achieve greater compatibility with Building 2 in terms of its style, mass,
and height. In summary, all proposed buildings meet code as it relates to
maximum building height.
All buildings are proposed within close proximity of the property lines (that front on
rights-of-way) in order to create a more urban environment, consistent with
recommendations of the Federal Highway Corridor Redevelopment Plan. The east
setback along Federal Highway would vary slightly but maintain at least a 20-foot
front setback. This is to maintain a clear line-of-site and to accommodate a
deceleration lane along Federal Highway. The south side setback of Building 2,
where it abuts the outparcel, would be 10 feet in width. The townhouse buildings
proposed along Gulfstream Boulevard would have a setback 15 feet in width. The
closest a townhouse building would be from the property line where it abuts the
commercial outparcel would be 20 feet. As previously mentioned, the townhouses
proposed along Old Dixie Highway would be 20 feet from the interior of the
sidewalk. It should be noted that there are a few places along the west property
line that are notched inward. As such, the proposed building setbacks would be
reduced. The greatest building setbacks occur along the north property line.
Building 1 would be 32 feet- four (4) inches at minimum while the closest
townhouse would be 50 feet away from the north property line. This is due to the
location of the existing one (i)-way drive aisle.
The proposed building composition would be as follows: Residential - 282,271
square feet; Retail- 9,494 square feet; Office - 6,544 square feet; and Restaurant
- 3,500 square feet. The plans show that the commercial areas of the mixed-use
buildings would occur on the first and second floors only. The condominium units
would occur on all floors. According to the tabular data, the one (i)-bedroom and
two (2)-bedroom units are proposed in the mixed-use buildings would come in a
variety of sizes. The smallest one (i)-bedroom unit would be 790 square feet
(under A/C) and the largest three (3)-bedroom unit would be 1,725 square feet in
area.
Design:
The proposed development is generally divided into two (2) distinct halves. The
eastern half would be comprised on the mixed-use buildings and the western half
would be comprised on the townhouse buildings. The proposed architecture could
be described as contemporary for the mixed-use buildings and traditional for the
three (3)-story townhouse buildings. Both styles, as proposed, transition well and
are compatible with each other. Also noteworthy is that the project parking would
be virtually hidden from all views and is considered to be a subordinate,
unobtrusive element of the plan. Vehicular traffic is contained within the internal
framework of the project. The parking garage would be enclosed but would have
decorative openings compliant with Florida Building Code. These openings would
resemble large windows.
The elevations show that the exterior finish of the walls would be textured stucco.
The applicant is proposing a variety of colors schemes as shown in tabular format
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 9
on sheet A-28. The project's proposed building colors are as follows:
White
Peach
Light Yellow
Yellow
Light Gray
Beige
Light Green
Light Blue
Charleston White
Drawing Room
Black House Yellow
Lowcountry Spoon bread
Aunt Bety's China
Aiken Ivory
Acanthus
St. Cecilia
DCR 100
DCR 035
DCR 008
DCR 014
DCR 101
DCR 002
DCR 084
DCR 069
The project also proposes hunter green canvas awnings on the mixed-use
buildings. The intent is to have all buildings (both mixed-use and townhouses)
with multiple colors. A general intent of Chapter 9 (Community Design Plan) is to
ensure that buildings achieve visual unity of character and design concepts, in part,
through the use of building colors. However, there are no established noteworthy
building colors or architectural themes within the immediate area with which this
project should be compatible. Therefore, the proposed colors for this site plan
would not be inappropriate, incompatible, or obtrusive.
The mixed-use buildings would have a unique roofline with Monier concrete tiles
(grey) and multiple-styled decorative towers. The decorative towers would come in
two (2) styles. As previously mentioned, this theme would be carried over to the
townhouse building proposed directly west of Building 2.
Signage:
Minimal project detail regarding proposed signage was shown with this submittal.
In the future, the applicant intends to submit a sign program but for now, the
signage would consist of 18-inch tall black reverse channel letters with Helvetica
font for the mixed-use buildings. A note on the elevations of Buildings 1 and 2
indicates that the entire project will follow similar signage with similar fonts and
colors. As presented however, the elevations are incomplete when referring to
project signage. Therefore, staff recommends utilizing a sign program for the
entire project to ensure sustained continuity throughout the life of the project (see
Exhibit "CIf - Conditions of Approval). All project signage shall conform to the
regulations as set forth in Chapter 9 (Community Design Plan) and Chapter 21 of
the Land Development Regulations.
The site plan shows the location of the two (2) monument signs. The sign, located
along Federal Highway, would be primarily for the mixed-use portion of the
development while the other sign, located along Gulfstream Boulevard, would be
used to identify the townhouse portion of the development. Both structures would
be located at least 10 feet from the property line. The commercial sign would be
generally five (5) feet in height with a decorative portion of it, proposed at eight (8)
feet in height. The residential sign would be five (5) feet in height its peak. Both
sign's colors would be compatible with the building colors but again, a more
thorough investigation would occur at the time when the sign program is reviewed.
Staff Report - Heritage Club (NWSP 05-014)
Memorandum No PZ 05-117
Page 10
RECOMMENDATION:
Staff has reviewed this request and recommends approval, contingent upon the approval of the concurrent
rezoning application, height exception request, and all items noted within Exhibit "CIf - Conditions of
Approval. Prior to Community Redevelopment Agency Board review, the applicant shall satisfactorily
address building division issues including but not limited to the comments pertaining to the interior parking
structures, percentage of wall openings, and type of construction. Any additional conditions recommended
by the Board or City Commission shall be documented accordingly in the Conditions of Approval.
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Conditions of Approval
Project name: Heritage Club @ Boynton Beach
File number: NWSP 05-014
Reference: 3rd review plans identified as a New Site Plan with a June 14. 2005 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. The applicant has indicated that compactors will be used for the mixed-use X
buildings and will be brought out to central areas adjacent to the buildings for
pickup. Please indicate the number and size of these containers so we can
evaluate the required pad sizes and our ability to perform the pickup
operation.
PUBLIC WORKS - Traffic
Comments:
2. Additional right-of-way shall be dedicated to the City, via plat, to provide a X
50-ft. right-of-way width. Reconstruct Old Dixie Highway and Gulfstream
Boulevard to provide two II-foot wide lanes, curb & gutter, sidewalk,
appropriate green space with landscaping, and necessary signing / striping.
Complete construction plans will be required in conjunction with the plat and
will be reviewed and approved prior to issuance of the Land Development
Permit (LDP). Construction of the required improvements shall be completed
prior to issuance of the final cas for the project as required by the
Amendments to the Building Code. A surety shall be provided for the
required off-site improvements in the amount of 110% of the engineer's
estimate for the off-site work prior to issuance of the LDP.
The applicant shall also provide design plans for reconstruction of the
FECRR / Gulfstream Boulevard 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.
3. At the time of permitting, delineate and stripe l2-foot x 35 foot loading zones X
for the retail buildings; include a pavement message in yellow indicating "No
Parking - Loading Zone".
ENGINEERING DIVISION
Comments:
4. 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
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permitting.
5. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (Chapter 23,
Article II, Section A. LB.). Further evaluation will occur at the time of
permitting.
6. 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:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
8. 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)).
9. 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.
10. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
11. 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.
12. Show all off-site improvements to the existing water and sewer infrastructure X
as follows:
a. The on-site lift station must be upgraded or replaced so as to
accommodate the added demand and the constraints imposed by site
changes. Existing gravity and pressure flows to the station must be
accommodated in the design.
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b. The water system must be connected to the existing 8-in. water main
located on the east side of Federal Highway. In addition, an 8-in. water
main connection must be established from the 12-in. water main located
on the west side of Seacrest Boulevard, to the existing 8-in. line that
terminates on SE 34th Ave. in the vicinity of SE 3rd Court; or an alternate
route may be considered to establish an 8-in. water main connection to
the 12-in. main on Seacrest Boulevard. The intent of the design is to
establish an 8-in. loop from Federal Highway to Seacrest Blvd., thereby
assuring adequate fire protection and domestic supply.
13. 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:
14. All hydrants shall be in service before any vertical construction. Hydrant X
flow is a minimum 1500 gpm (a), 20psi.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
15. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC.
16. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
17. 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.
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18. 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 (ost) on the plans for the buildimr design.
19. 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.
20. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
21. On the site plan and floor plan, indicate the number of stories that are in each X
building including, where applicable, mezzanines. Indicate the overall height
of each building.
22. Add to each building that is depicted on the site plan drawing a labeled X
symbol that identifies the location of the proposed handicap accessible units.
Add to the drawing the calculations that were used to identify the minimum
number of required units. Also, state the code section that is applicable to the
computations. Show and label the same units on the applicable floor plan
drawings. Compliance with regulations specified in the Fair Housing Act is
required (Federal Fair Housing Act Design and Construction Requirements,
Title 24 CFR, Part 100.205).
23. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwellimr unit shall como Iv.
24. Add to the drawing the calculations that were used to identify the minimum X
number of required handicap accessible oarking spaces.
25. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
accessible units and the recreational amenities that are provided for the
project and other common area elements located at the site. The symbol shall
represent the location of the path of travel, not the location of the detectable
warning or other pavement markings required to be installed along the path.
The location of the accessible path shall not compel the user to travel in a
drive/lane area that is located behind parking vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum width required by the
Code is 44 inches). Add text that would indicate that the symbol represents
the accessible route and the route is designed in compliance with regulations
specified in the Fair Housing Act. Please note that at time of permit review,
the applicant shall provide detailed documentation on the plans that will
verify that the accessible route is in compliance with the regulations specified
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DEPARTMENTS
in the 2001 FBC. This documentation shall include, but not be limited to,
providing finish grade elevations along the path of travel.
INCLUDE REJECT
26. As required by the CBBCO, Part III titled "Land Development Regulations", X
submit a site plan that clearly depicts the setback dimensions from each
property line to the leading edge of the buildings. The leading edge of the
buildings begins at the closest point of the overhang or canopy to the property
line. In addition, show the distance between all the buildings on all sides.
27. To properly determine the impact fees that will be assessed for the X
clubhouse/recreation building, provide the following:
a. Will the clubhouse/recreation building be restricted to the residents of
the entire project only?
b. Will the residents have to cross any major roads or thoroughfares to get to
the clubhouse/recreation building?
c. Will there be any additional deliveries to the site?
d. Will there be any additional employees to maintain and provide service to
the site?
Please have the applicant provide the City with a copy of the letter that will be
sent to the 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 clubhouse/recreation
building.
28. Add to the floor plan drawing of the clubhouse/recreation building a X
breakdown of the floor area. The area breakdown shall specify the total area
of the building, covered area outside, covered area at the entrances, total floor
area dedicated for the clubhouse/recreation building and other uses located
within the building. Specify the total floor area that is air-conditioned. Label
the use of all rooms and floor spaces.
29. 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.
30. 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.
31. 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.
a. 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.
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DEPARTMENTS
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. 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)
At time of permit review, submit separate surveys of each lot, parcel or tract. 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.
INCLUDE REJECT
32. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same as
noted on the Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
33. 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
bv the City Commission.
34. 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.
35. Sheet SP-l - Indicate the number of handicapped parking spaces for the retail X
area and the residences and the total number of handicapped spaces provided.
36. Submit a floor plan for the retail, amenity, office, live/work, office/retail X
areas.
37. The elevator shall comply with the 2001 FBC, Section 11-4.10.1. X
38. Submit square footage of parking garages. X
39. According to 2001 FBC, Section 11-4.1.2, "if parking spaces are provided for X
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self-parking by employees or visitors, or both, then accessible spaces
complying with 2001 FBC, Section 11-4.6 shall be provided in each such
parking area. Show accessible spaces in all areas. Comply with the 2001
FBC. (Include parallel parking.).
40. The distance of all exterior walls to adjacent buildings/property line lli an area X
of concern. The allowances set forth in the 2001 FBC, Table 600 are for the
percentage of wall openings permitted. This is a life-safety issue. Submit
calculations showing the percentage of wall and wall openings for this
project, and clearly show the distances between the buildings.
41. All the single-story dwelling units located in the multi-family building are X
"covered dwelling units" under the Florida Fair Housing Act, and thus must
comply. Indicate on the plan which design option (A or B) is being used for
this proiect and show the required clear floor space for the fixtures.
42. Sheet SP-1 - Clarify the type of construction for building #1 under the X
Building Tabulation Table. There is no Type I protected construction in 2001
FBC, Chapter 6.
43. Sheet SP-1 notes the parking garages occupancy as "open". This is not a X
correct occupancy type. To be considered "open", the structure shall comply
with all the requirements of the 2001 FBC, Section 411.3.2, 411.3.3, and
411.3.4. As designed, the garage cannot be considered "open". Indicate the
correct occupancy per 2001 FBC, Chapter 3.
44. Clearly show all the setback dimensions from each building to each property X
line. In addition, show the distance between each building on all four sides.
All setback dimensions and distances between buildings are not shown on
SP-1.
45. Clarify the number of surface parking spaces dedicated for building #1 and X
building #2. A handicap accessible parking space is required in each parking
area per the 2001 FBC, Section 11-4.1.2(5)(a). Also, indicate on the plans if
the parking garages are strictly for the use of the residents or for both the
retail/restaurant/office areas and the residents.
46. Provide the occupancy classification and construction type for the clubhouse. X
Comply with 200 I FBC, Chapters 3 and 6.
47. Sheet ALl - The balcony at the clubhouse shall be provided with vertical X
accessibility. This is considered a "common area" and shall comply with the
2001 FBC, Section 11-4.1.3.
48. Submit a tabulation table that clearly reflects each building, number of units X
in each building, the type of units (model type), number of stories in each
building, and square footage per floor.
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49. Sheet A-25 indicates a floor plan for a "new townhouse". Submit additional X
information on this unit:
A Model type or model number (identify units).
B Which buildings will contain this structure?
50. Sheet A-6 - Indicate the number of parking spaces on each level of the X
garage.
51. Sheet A-12 - The square footage for units "C" and "D 1" does not correlate X
with the square footage listed on Sheet SP-1. Also, identify unit "D" as "D 1 "
on SP-1.
52. On sheets A26-A32, your calculations for the percentage of openings are X
incorrect. The percentage of openings is based upon Table 600 of the 2001
FBC and the distance separation of buildings from property lines or assumed
property lines (in the case of multiple buildings on the same lot). Refer to
2001 FBC, Chapter 2 for the term "Property line, assumed", and submit
correct calculations for the percentage of openings.
PARKS AND RECREATION
Comments:
53. Impact Fee: X
70 single family attached units @ $771.00 each = $57,054
96 multi family units @ $656 each = $60,352
TOTAL $ 117,406
Impact fee is due prior to the issuance of the first applicable permit.
FORESTER/ENVIRONMENT ALIST
Comments:
54. The Landscape Architect should tabulate the total number of existing trees on X
the site. The plan should indicate where the relocated trees are to be installed
throughout the site. The total diameter inches of trees removed should be
shown as replacement trees on the site landscape plan. These replacement
trees should be shown by a separate symbol on the landscape plan sheet L-5
(Chapter 7.5, Article I Sec. 7.D.p. 2.).
PLANNING AND ZONING
Comments:
55. Approval of this site plan is contingent upon approval of the accompanying X
request for land use amendment / rezoning (LUAR 05-005).
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DEP ARTMENTS
INCLUDE REJECT
56. Approval of this site plan is subject to the approval of the proposed code X
amendment (CDRV 05-011) to allow commercial uses in the PUD Planned
Unit Development zoning district but with the caveat that they front on
exterior or perimeter streets, when such locations are consistent with adopted
redevelopment policies and plans.
57. Based on the Traffic Division's review, it has been determined that the X
residential portion of the proposed mixed-use redevelopment project is
located within the Coastal Residential Exception Areas of Palm Beach
County, while the retail and office components generate less daily and peak
hour trips than the existing retail space which is to be demolished. The
project meets the Traffic Performance Standards of Palm Beach County but
contingent upon the provision of a southbound exclusive right-turn lane onto
the project access driveway on North Federal Highway. No building permits
are to be issued after the build-out date of 2008.
58. Approval of this site plan is subject to the accompanying request for height X
exception (HTEX 05-004).
59. Parking spaces required in this ordinance for one use or structure may be X
allocated in part or in whole for the required parking spaces of another use or
structure if quantitative evidence is provided showing that parking demand
for the different uses or structures would occur on different days of the week
or at different hours. Quantitative evidence shall include estimates for peak
hour / peak season demand based on statistical data furnished by the Urban
Land Institute or an equivalent traffic engineering or land planning and design
organization (Chapter 2, Section l1.H.13.).
60. At the time of permitting, all elevation pages shall indicate the exterior X
finishes, roof material, paint manufacturer's name, and color codes. Staff
recommends using a color schedule (Chapter 4, Section 7.D.). Also, provide
color swatches and awning samples.
61. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade
trees, Palm trees, Shrubs & Groundcover.
62. 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.). This applies to Tree Ligustrum.
63. Staff recommends that a master sign program be provided that shows the X
number, location, dimensions, exterior finish, and color(s) of all signs
(Chapter 2, Section 5.H.9.). The sign program would address all types of
signs, including commercial wall signs, identification signs, residential
subdivision signs, freestanding monument signs, canopy signs, way-finding
signs, directional signs, and all other signs as regulated by Chapter 21 of the
Land Development Regulations.
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DEPARTMENTS INCLUDE REJECT
64. At the time of permitting, the detail of the typical outdoor freestanding X
lighting fixture must include the proposed color. The applicant informed staff
that the color will be black.
68. All plant material proposed outside the property line must be excluded from X
the plant list In terms of meeting the minImUm required landscape
requirement. Revise plant list at the time of permitting.
69. The common areas shall be maintained by an established association. Provide X
documents to confirm same.
70. Staff recommends substituting the Pigeon Plum trees with Florida Royal palm X
trees at the main entrance drive, where the angled street parking spaces. The
heights of these trees shall not conflict with the freestanding outdoor lighting
poles.
71. Staff originally recommended that the site plan provide a full-size clubhouse / X
recreation building within the townhouse portion of the development, in part,
to accommodate homeowner association meetings. However, the developer
informed staff that the meeting rooms (proposed within Building 1) could
accommodate the townhouse owner association meetings and that the
townhouse owners would be authorized to use the meeting rooms once per
month for their association meetings. This is acceptable to staff and
therefore, the condominium documents should reflect this intention.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
72. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
73. To be determined.
MWRlelj
S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\NWSP 05-014\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
New Site Plan
2.
Project:
Heritage Club at Boynton Beach (NWSP 05-
014)
Michael Weiner, Esquire, Weiner & Aronson, P.A.
Thirty Six Hundred Holdings, LLC
3629 South Federal Highway
Request New Site Plan approval in order to
construct 70 townhouse units, a four (4)-story
mixed-use building consisting of 84 dwelling units,
3,500 square feet of restaurant, 4,100 square feet
of retail, and 5,164 square feet of office. The site
plan also includes a three (3)-story mixed-use
building consisting of 12 dwelling units, 5,394
square feet of retail, and 1,380 square feet of
office, all of which are proposed on an 8.302-acre
parcel zoned Planned Unit Development (PUD)
Agent:
Owner:
Location:
Description:
Height Exception
3.
Project:
Heritage Club at Boynton Beach (HTEX 05-
004)
Jason S. Mankoff, Weiner & Aronson, P.A.
Thirty-Six Hundred Holdings, LLC
Northwest corner of the intersection of Federal
Highway and Gulfstream Boulevard
Request for a height exception of 10 feet pursuant
to the City's Land Development Regulations,
Chapter 2, Zoning, Section 4.F.2, to allow the
decorative towers to be 55 feet in height, a
distance of 10 feet above the 45-foot maximum
height allowed in the (PUD) Planned Unit
Development zoning district.
Agent:
Owner:
Location:
Description:
All three Heritage Club items were heard simultaneously, since they were integral to the rezoning
request.
Dick Hudson, Senior Planner, reported that the subject property was currently classified as Local
Retail Commercial and zoned Community Commercial. The request is to change the Future Land
Use Map to Special High Density Residential and rezone to Planned Unit Development for the
purpose of building a Mixed Use project containing slightly less than 20K sq. ft. of commercial space,
which includes office, retail, and restaurant space. There are 160 multi-family residential units. Staff
recommends approval for the following reasons:
o The proposed land use amendment and rezoning are consistent with the applicable
Comprehensive Plan policies and also meet the review criteria required for the Land
Development Regulations.
o The project will replace an antiquated and declining strip commercial center with a
mixed-use project that will be an aesthetic and physical improvement at the City's
southern gateway.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
o The project supports the "Eastward Ho" Initiative, which emphasizes redevelopment
of the coastal area where infrastructure is already in place as opposed to
encouraging development patterns in the suburban areas to the west.
o The project proposes a sizeable number of residential units in a variety of sizes and
styles, with a commercial portion designed to provide a year-round customer and
employment base, which supports the revitalization of the downtown.
Eric Johnson, Planner, displayed a map that showed the townhouse buildings on the west side and
two mixed-use buildings along Federal Highway. The property in the southeast corner was not part
of the project. The office square footage is 6,544 sq. ft. The retail square footage is 9,494 sq. ft.
Restaurant area is 3,500 sq. ft. There would be 70 townhouse units and 96 multi-family units.
The project meets the Traffic Performance Standards of Palm Beach County, contingent upon the
dedication of a right-turn lane into the development from North Federal Highway. Staff reviewed the
project for concurrency with respect to potable water, sanitary sewer, Police/Fire, drainage, and
school and all conditions were met. There are three points of ingress and egress, two on Federal
Highway and a third on Gulfstream Boulevard.
Mr. DeMarco asked Mr. Johnson if the entrances to the property were one-way or two-way, and Mr.
Johnson explained the configuration of the different ingresses and egresses.
Ms. Horenburger asked how people coming from the west on Gulfstream Boulevard would access
the property. The response was that they would have to go north on Federal Highway and make a
U-turn. She asked if there were a plan for a U-turn lane and the response was affirmative. There is
no ingress from Gulfstream Boulevard.
Chair Heavilin inquired about which parking garage the residents would use. Mr. Johnson said that
any shared parking would occur in Building 2. Staff had reviewed the shared parking aspect of the
project and technically, it met the requirements with parking spaces to spare. However, the
applicant had to make the owners aware that they would only have one parking spot. Parking
spaces cannot be designated for just one use in a shared parking scenario. Ms. Horenburger
believed that no parking spot would be designated for the residents and requested clarification.
Mr. Johnson elaborated, saying shared parking occurred in Buildings 1 and 2, but the restaurant
users would only have access to the parking garage in Building 2. Persons living in Building 1 would
have access to a space in the parking garage in Building 1. People in Building 2 would also have
access to a space in Building 2, except that during peak times, there would probably not be any
guest type spaces.
Vice Chair Tillman inquired whether there would be a bottleneck at the turnaround at the end of the
main drive aisle. Mr. Johnson responded that the City's Engineering Department had reviewed it for
turning movements and radii and found no problem.
Mr. Johnson stated that the applicant had been made aware of the shared parking restrictions and
he thought the applicant would be willing to put this in the Homeowners Association documents. Ms.
Horenburger wanted to make awareness of the parking restriction by the residents a condition of
approval.
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Jason Mankoff affirmed that they were going to designate twelve of the parking spaces in Building
2 for the twelve units in that Building. Also, they would have documentation in the contract advising
buyers that they would only be guaranteed one space.
Mr. Johnson reviewed the Height Exception. The buildings comply with Code, but there are some
decorative elements that exceed the forty-five foot height maximum height in a PUD. However, the
features of the building that exceed the height limits are interesting and make the whole project
"work. "
Staff felt that the proposed project was good for the City and recommended approval of the Height
Exception and Site Plan.
Chair Heavilin invited the CRA Planner to add her comments at this time. She thought this should
become a regular feature in future hearings.
Vivian Brooks, CRA Planner, had participated in the Technical Review Committee. In spite of having
to work around the use on the southeast corner, the applicant had hidden the garages and actively
addressed Old Dixie Highway, Gulfstream Boulevard, and Federal Highway. All the townhouses
connect with walkways to the sidewalks. They were going to create a community that would,
hopefully, set the trend for the rest of Old Dixie Highway and the other projects that will occur in
that area. She thought the project was interesting architecturally, with no long, unbroken expanses.
They had done a good job and she recommended approval of the project.
Mr. Fenton asked Ms. Brooks to comment on the architectural value of the features that called for
the Height Exception. Ms. Brooks said the features added value to the project to a focal gateway
project in the south. To have something that stands out architecturally was what the City had been
looking for on its gateways. The applicants for the project on Woolbright Road and Federal Highway
were asked to bring that project up in height. She personally liked it.
Mr. DeMarco inquired whether the project would have security and protection from surrounding
uses, particularly the one to the southeast. Ms. Brooks responded that the community was
protected visually and physically since an actual physical structure, Building 2, separated them.
Jason Mankoff of Weiner & Aronson, P.A., 209 N. Sea crest Boulevard, Boynton Beach,
spoke as agent for the project. Robert Mathias, David Biggs, and J. P. DiMisa, principals with the
developer, New Century Companies, were present along with Jim Knight, principal of Thirty-six
Holdings, the current owner of the property and Stuart Debowsky and Jose Samuel with MSA
Architects. Jeffrey Schnars, President of Schnars Engineering, and Hugh Johnson, landscape
architect with Architects Alliance, were in attendance as well. Mr. Mankoff distributed a booklet
summary of the project to the board members and showed visual renderings of the Site Plan to the
board and to the audience. Mr. Mankoff stated that this project was very similar to a successful
project they had completed in Delray Beach.
Stuart Debowsky, project manager of MSA Architects, said they were proud to present this
project to the City. This is a mixed-use project that has 96 condominium units, 84 of which are in
Building 1. The residents in Building 1 have exclusive use of the parking spaces and Building 2 only
has 12 residential units. There are three-story townhouses with 70 units to the west.
They had tried to put together a project resembling a village. The east-west road was meant to
simulate a "main street" concept, with angled parking and a large pedestrian arcade. The applicant
is planning a cafe concept for the corner of Building 1 in support of a theme of street activity, both
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
day and night. They were considering townhouse models with two "fronts," so they would not have
to present their "back" to Old Dixie Highway. They hoped that all the elements they were putting
together would be reminiscent of a village that had come together over a period of years.
Ms. Horenburger asked what they had done to screen the uses to the north of the project. She had
been told there would be a parking garage between the residential and that area and it appears the
residences would be facing it.
Stuart Debowsky said that it was a tough site on all sides: cars on Federal Highway, the train on Old
Dixie Highway, the use to the southeast, and the storage facility on the north. They had created an
access/service road as an adequate buffer. The first unit occurs thirty to forty feet from the edge of
that. Special care had been taken to screen the property on all sides with landscaping, but
especially on the northern boundary. They felt the actual living spaces were set well apart from the
northern border.
Mr. DeMarco asked why they had chosen the name Heritage Club. Mr. Mankoff responded that
there were other Heritage Clubs in Delray Beach and it was like a brand name. In regard to the
property to the south, if they were able to acquire it, they could possibly have a Phase II. Mr.
DeMarco then asked about the price ranges of the units.
Robert Mathias, New Century Companies, said the condo building would have one, two, and
three bedrooms and they would be between $200-400K and the townhouse units would be between
$400-500K.
Mr. Fenton questioned what kind of noise buffering the developer had in mind for the units next to
the railroad tracks. Mr. Mathias responded they were going to use landscaping and building
materials that would provide an amazing amount of sound insulation. They had developed two
projects close to railroad tracks and they had not had any issues.
Jose Samuels, MSA Architects, commented that the taller features helped to create visual appeal
for the project. Most main streets did not have long buildings with flat tops, but ones of varying
heights.
Marie Horenburger asked staff whether additional density or height would be involved if the
developer were able to obtain the parcel on the southeast corner. She thought this might occur
since the property owner to the southeast was asking an exorbitant amount of money, additional
incentives might be involved.
Mike Rumpf, Planning & Zoning Director, stated that this project had come in under the current land
use and zoning scheme - it solved the problems. To go outside that, because the developer was at
those thresholds, would exceed what the system allows and would be inconsistent with the Corridor
Plan. Prior proposals were well above the current thresholds. Ms. Horenburger thought it would be
nice to have a more cohesive site as the entrance to the City.
Mr. Mankoff stated the applicant agreed to all 71 conditions of approval. He praised staff for their
assistance and cooperation in the planning of this important, gateway project. The applicant added
two conditions based on the discussions at this meeting: 1) designate twelve spaces for the
condominium owners, and 2) provide notice in the condo documents or in the contract at the time of
signing that each of the individual owners would only be guaranteed one space. They believed that
the height was important for the project and that they had met all the requirements for such a
request.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor to the public, and closed it when no one wished to speak.
Mr. Fenton took issue with the passive voice in some of the Conditions of Approval, pointing out item
1 that asks: "Please indicate number and size of containers." He felt that a more declaratory or
dictatorial tone was in order. Mr. Johnson responded that staff was confident that all the conditions
would be met and if not, permits would not be issued. Staff felt that it had protected the City with
the Conditions of Approval. A large number of the conditions had already been satisfied.
Mr. DeMarco confirmed with the agent that the applicants were in agreement with all 71 Conditions
of Approval and were adding two more. He expressed appreciation for what the developers had
done for that corner of the City.
Mr. Johnson declared that staff agreed with the two new conditions of approval suggested by the
applicant.
Motion
Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial to Special High Density Residential (LUAR 05-005). Vice Chair Tillman seconded the
motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the request to rezone from C-3 Community Commercial to PUD
Planned Unit Development (LUAR 05-005). Vice Chair Tillman seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Site Plan approval for the Heritage Club at Boynton Beach
(NWSP 05-014) subject to all 73 Conditions of Approval. Mr. Fenton seconded the motion.
Chair Heavilin commented that the applicant had raised the bar for development in Boynton Beach.
She thought it was the best project the board had seen. Mr. Mankoff commended City staff for its
efforts.
The motion passed 5-0.
Motion
Mr. Fenton moved to approve the request for height exception of 10 feet for Heritage Club of
Boynton Beach (HTEX 05-004). Vice Chair Tillman seconded the motion that passed 5-0.
C. New Site Plan
1.
Project:
Neelam (fka Schnars) Business Center
(NWSP 05-022)
J. Ernest Brady, Stephen James Inc.
Anand D. Patel (Contract Purchaser)
924 N. Federal Highway
Request for Site Plan approval for a three (3) story,
8,754 square foot office/retail building in a Mixed
Use Low (MU-L) zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, stated that this property had changed hands and the site plan approval
expired. The new owner would like to build the same building as previously approved.
11
WEINER & ARONSON, P .A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@Zonelaw.com
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAIFER
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
MICHAEL R. HARRIS
L.L.M. (In Taxation)
June 2, 2005
Hand Deliverv
Mr. Michael Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Heritage Park Club
File No.: NCC0010
Dear Michael:
In connection with our Land Use, Rezoning, and Site Plan Applications enclosed please
find:
1. An original Affidavit, including radius map, mailing labels, and photographs.
2. A copy of the notice of public hearing which was sent out to all those as indicated on the
enclosed radius map.
All mailing notices have been mailed out and the appropriate signs have been posted on the
property.
Thus, I am confirming with you that all notice requirements have now been met and that the
applications are deemed completed.
ason S. Mankoff
JSM:jfh
Enclosure
Cc: Michael S. Weiner, Esquire (w/o enclosure)
Mr. Robert Mathias (with enclosure)
O:\Boynton Beach Notice\Letter to the City.doc
AFFIDA VIT
RE: Heritag:e Club at Bovnton Beach
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 notification was postmarked 30 days in advance of the initial public
hearing.
Site signs were posted on the premises 30 days in advance of the initial
public hearing in accordance with City Ordinance 04-007. Attached are
photographs of the signs showing their placement on the property.
Sincerely,
Vc '
~.J\~~ ~
1>- "l--J Ex"'res October 14. 2006
.~Of'\.: ,."
Notary Public, State of Florida
O:INCCOOIOlNoticesIAFFlDA VIT.doc
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20-43-46-04-22-000-0930
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12-43-46-04-10-005-0010
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08_43_46_04_00_000_1100
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102 N SWINTON AVENUE
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102 N SWINTON AVENUE
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440 SE 34TH AVE
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THE CLARK HOUSE
102 N SWINTON AVENUE
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GULF STREAM PROFESSIONAL BUILD
2240 WOOLBRIGHT RD STE 300
BOYNTON BEACH FL 33426
WEINER & ARONSON PA
THE CLARK HOUSE
102 N SWINTON AVENUE
DELRAY BEACH FL 33444
08_43_46_04_17_000_0480
GULF STREAM GARDENS LLC
601 BAYSHORE BLV # 650
TAMPA FL 33606
WEINER & ARONSON PA
THE CLARK HOUSE
102 N SWINTON AVENUE
DELRAV BEACH FL 33444
WEINER & ARONSON PA
THE CLARK HOUSE
102 N SWINTON AVENUE
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08-43-46-04-08-000-0201
DJ LLC
3705 S FEDERAL HWY
BOYNTON BEACH FL 33435
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WEINER & ARON~ON PA
THE CLARK HOUSE
102 N SWINTON AVENUE
DELRAY BEACH FL 33444
12-43-46-04-08-000-0190
HALL & RALEY INC
301 NE 1ST ST
DELRAY BEACH FL 33483
08_43_46_04_24_000-0110
CUNNINGHAM MICHAEL
3406 SE 4TH ST
BOYNTON BEACH FL 33435
08-43-46-04-00-000-1080
MAHADY THOMAS & MARY C
3025 N OLD DIXIE HWY
DELRAY BEACH FL 33483
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WEINER & ARONSON PA
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102 N SWINTON AVENUE
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WEINER & ARONSON PA
THE CLARK HOUSE
102 N SWINTON AVENUE
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12-43-46-04-29-000-0010
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BOYNTON BEACH FL 33436
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NOTICE OF PUBLIC BEARING
Weiner and Aronson, agent for New Century Companies LLC and Thirty Six Hundred
Holdings, LLC, applicant/owner, has requested the following parcel to be considered for
approval for a land use, rezoning, site plan, and height exception.
LOCATION:
Northwest comer of Federal Highway and Gulfstream Boulevard
REQUEST:
Amend the Comprehensive Plan Future Land Use Map:
FROM- Local Retail Commercial
TO- Special High Density Residential
Rezone:
FROM- C-3 Community Commercial
TO- PUD Planned Unit Development
Site Plan Application and Height Exception
PROPOSED USE: Mixed use development containing +/-19,500 sq ft of commercial
development (office, retail, restaurant) and 166 multi-family
residential units.
LEGAL DESCRIPTION: See Exhibit "A"
A PUBLIC HEARING TO CONSIDER THE REQUEST IS SCHEDULED BEFORE THE
COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, JULY 12,2005
AT 6:30 PM. THE CITY COMMISSION WILL ALSO CONSIDER THE REQUEST ON
TUESDAY, AUGUST 2, 2005 AND AUGUST 16, 2005 AT 6:30 PM AT THE CITY
HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD,
BOYNTON BEACH, FLORIDA OR AS SOON THEREAFTER AS THE AGENDA
PERMITS.
All interested parties are notified to appear at said hearings in person or by attorney and
be heard or file any written comments prior to the hearing dates. Any person who
decides to appeal any decision of the Planning & Development Board or Community
Redevelopment Agency Board and City Commission with respect to any matter
considered at these meetings will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford
an individual with a disability an equal opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Please contact Patricia Tucker
(561) 742-6268 at least twenty-four 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
. . \
. .
LOCATION MAP
Heritage Club @ Boynton Beach
LUAR 05-005
Exhibit A
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EXHIB" A
LEGAL DESCRIPTION
THAT CERTAIN PLACE, PARCEL OR TRACT OF LAND SITUATE, AND BEING IN THE CITY
OF BOYNTON BEACH, COUNTY OF PALM BEACH AND STATE OF FLORIDA, MORE
P ARTICULARY DESCRIBED AS FOLLOWS:
LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTH HALF(Sl/2) OF THE SOUTHWEST QUARTER (SWII4) OF THE
NORTHEAST QUARTER (NEl/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA,L YING EAST OF THE EAST RIGHT-OF- WAY LINE OF
OLD DIXIE IDGHW A Y, AS NOW LAID OUT AND IN USE WEST OF THE WEST RIGHT-OF-
WAY LINE OF STATE ROAD 5 (US NO.1), AS DESCRIBED IN OFFICIAL RECORDS BOOK
160, PAGE 581, AND NORTH OF THE RIGHT-OF-WAY OF GULFSTREAM BOULEVARD,AS
DESCRIBED IN OFFICIAL RECORDS BOOK 944, PAGE 117, LESS THE FOLLOWING
DESCRIBED TRACTS:
TRACT A:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE
FLORIDA EAST COAST RAILWAY WITH THE EAST-WEST QUARTER (EWl/4) SECTION
LINE OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A
DISTANCE OF 370.00 FEET; THENCE EASTERLY AT RIGHT ANGLES WITH THE SAID
EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE EASTERLY ALONG THE SAME COURSE, A DISTANCE
OF 60.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE, A DISTANCE OF 30.00 FEET;THENCE WESTERLY AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, A DISTANCE OF 60 FEET; THENCE SOUTHERL Y AT RIGHT
ANGLES TO THE LAST DESCRIBED COURSE,A DISTANCE OF 30.00 FEET TO THE POINT
OF BEGINNING.
TRACT B
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE
FLORIDA EAST COAST RAIL WAY WITH THE EAST-WEST QUARTER SECTION LINE OF
SECTION 4,TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
THENCE EASTERLY ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE
OF 80.90 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY RIGHT-OF-
WAY LINE OF THE FLORIDA EAST COAST RAIL WAY, A DISTANCE OF 62.67 FEET TO AN
INTERSECTION WITH THE NORTHERL Y RIGHT-OF-WAY LINE, OF GULFSTREAM
BOULEVARD. THENCE EASTERL Y ALONG SAID NORTHERLY RIGHT-OF- WAY LINE,A
DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE EASTERLY
ALONG THE NORTHERL Y RIGHT-OF-WAY LINE OF GULF STREAM BOULEVARD, A
~
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DISTANCE OF 40.0 FEET; THENCE NORTHERLY AT RIGHT ANGLES, A DISTANCE OF 40.0
FEET,THENCE WESTERLY AT RIGHT ANGLES, A DISTANCE OF 40.0 FEET, THENCE
SOUTHERLY AT RIGHT ANGLES, A DISTANCE OF 40.00 FEET TO THE POINT OF
BEGINNING.
TRACT C:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF- WAY LINE OF
THE FLORIDA EAST COAST RAIL WAY WITH THE EAST-WEST QUARTER SECTION LINE
OF SECTION 4,TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
THENCE EASTERLY ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE
OF 80.90 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY RIGHT-OF-
WAY OF THE FLORIDA EAST COAST RAIL WAY, A DISTANCE OF 62.67 FEET TO AN
INTERSECTION WITH THE NORTHERL Y RIGHT-OF- WAY LINE, OF GULFSTREAM
BOULEVARD, THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF- WAY LINE, A
DISTANCE OF 70.55 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VB TO
THE SOUTH HAVING A RADIUS OF 1950.08 FEET AND A CENTRAL ANGLE OF 5
DEGREES 59 MINUTES 38 SECONDS; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 204 FEET; THENCE CONTINUE EASTERLY ALONG SAID RIGHT-
OF-WAY LINE, TANGENT TO SAID CURVE, A DISTANCE OF 68.82 FEET TO THE POINT OF
BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE
EASTERLY ALONG THE SAME COURSE, A DISTANCE OF 217.96 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCA VB TO THE NORTHWEST HAVING A RADIUS OF 20
FEET AND A CENTRAL ANGLE OF 72 DEGREES 27 MINUTES 50 SECONDS; THENCE
EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 25.29
FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1 (S.R.
NO.5); THENCE NORTHERLY ALONG SAID RIGHT-OF- WAY LINE TANGENT TO SAID
CURVE, A DISTANCE OF 180.03 FEET; THENCE WESTERLY MAKING AN ANGLE WITH
THE PRECEDING COURSE OF 107 DEGREES 33 MINUTES 34 SECONDS, MEASURED FROM
NORTH TO WEST, A DISTANCE OF 263.45 FEET; THENCE SOUTHERLY MAKING AN
ANGLE WITH THE THE PRECEDING COURSE OF 98 DEGREES 33 MINUTES 12 SECONDS
MEASURED FROM EAST TO SOUTH, A DISTANCE OF 187.60 FEET TO THE POINT OF
BEGINNING AFOREDESCRIBED.
TRACT D:
THAT PORTION OF THE SOUTH ONE HALF(S1/2) OF THE SOUTHWEST ONE QUARTER
(SI/4) OF THE NORTHEAST ONE QUARTER (NEl/4) OF SECTION 4, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WESTERLY
RIGHT-OF-WAY LINE OF STATE ROAD NO.5 (U.S. HIGHWAY NO.1) AS DESCRIBED IN
OFFICIAL RECORDS BOOK 160,PAGE 581, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, LYING EAST OF A LINE PARALLEL TO SAID RIGHT -OF- WAY LINE AND FORTY
FEET WEST THEREOF AND LYING NORTH OF A LINE NINETEEN (19) FEET SOUTH OF
AND PARALLEL TO THE NORTH BOUNDARY OF SAID SOUTH ONE HALF (S1/2) OF THE
SOUTHWEST ONE QUARTER (SWl/4) OF THE NORTHEAST ONE QUARTER (NE1/4) OF
SAID SECTION 4.
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
PAM I R. MAUGHAM
June 30, 2005
Mr. Ed Breese
Principal Planner
City of Boynton Beach
Planning and Zoning Division
1 00 East Boynton Beach
Boynton Beach, Florida 33425
Re: Heritage Club
Our File No.: NCC0010
Dear Mr. Breese:
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: avargo@zonelaw.com
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
MICHAEL R. HARRIS
L.L.M. (In Taxation)
Enclosed please find a check iiI the amount of Three Hundred Sixty-Eight and 98/"100
($368.98) Dollars from New Century Companies, LLC with regard to your fee for the 3'd TART Staff
Review.
very..trUIY ypurs, I.
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Enclosure
Cc: Mr. Robert Mathias
Mr. Michael W. Rumpf
O:\NCCOOIO\Letter to Ed Breese.June 30.doc
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