REVIEW COMMENTS
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-133
Chair and Members
Community Redevelopment Agency Board
,1
- . V
Michael Rumpf \I\~
Director of Planning and Zoning
Kathleen Zeitler }C2.
Planner
July 3, 2006
Heritage Club / SPTE 06-006
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
PROJECT DESCRIPTION
New Century Companies, LLC
Michael S. Weiner, Esquire and Jason S. Mankoff / Weiner & Aronson, P.A.
Northwest corner of the intersection of Federal Highway and Gulfstream
Boulevard (see Location Map - Exhibit "A")
Special High Density Residential (SHDR - 20 du/ac)
Planned Unit Development (PUD - 20 du/ac)
No change proposed
No change proposed
Office: 6,544 square feet
Retail: 9,494 square feet
Restaurant: 3,500 square feet
Residential: 70 Townhouse Units, and 96 Multi-family Units
361,635 square feet (8.302 acres)
Developed property (self-service storage) designated Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
Developed outparcel (adult entertainment) designated Local Retail Commercial (LRC)
and zoned Community Commercial (C-3), then the right-of-way of Gulfstream
Boulevard, then developed commercial (fast-food and office building) designated Local
Retail Commercial (LRC) and zoned Community Commercial (C-3);
Page 2
Memorandum No. PZ 05-140
East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream
designated Recreation (REC) and zoned Outdoor Recreation (OR); and
West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then a recently
approved project (Boynton Dixie) designated Medium Density Residential (MDR) and
zoned Planned Unit Development (PUD) for 82 townhouse units.
BACKGROUND
Mr. Michael Weiner, Esquire, agent for the applicant (New Century Companies, LLC) is requesting a one (1)-
year time extension for the Heritage Club at Boynton Beach Site Plan Development Order (NWSP 05-014)
which was approved by the City Commission on August 2, 2005. The site plan approval is valid for one (1)
year from the date of approval. If this request for a one (l)-year time extension were approved, the expiration
date of this site plan, including concurrency certification would be extended to August 2, 2007.
According to the original site plan staff report, the proposed Heritage Club at Boynton Beach is a Planned Unit
Development approved for a large scale, mixed-use project containing 19,538 sq. ft. of commercial (office,
retail and restaurant) and 166 multi-family residential units. The project has been approved for the following:
a Land Use amendment (LUAR 05-005) from Local Retail Commercial (LRC) to Special High Density Residential
(SHDR - 20 du/ac) classification, a Rezoning (LUAR 05-005) from Community Commercial (C-3) to Planned
Unit Development (PUD) zoning district, a new Site Plan (NWSP 05-014), and a Height Exception (HTEX 05-
004).
The subject property is currently developed with a one (l)-story shopping center and related parking areas.
Redevelopment of the site includes razing the existing commercial buildings and replacing them with two (2)
proposed 4-story mixed-use buildings, including their interior parking garages, and thirteen (13) 3-story
townhouse buildings.
The approved site plan divides the property into two distinct areas, both in function and in architectural design.
The proposed commercial uses would be placed on the ground floors of two (2) four-story structures along the
Federal Highway frontage and include 9,494 square feet of retail space, 6,544 square feet of office space and a
restaurant containing 3,500 square feet of space. Condominium residential uses would occupy the upper
floors. To the west of the mixed use building on the north would be a residential building, also containing four
stories. This building and the mixed use building fronting on Federal Highway would contain a total of 84
residential units. The south mixed use building would have 12 residential units on the upper floors. A five-unit
townhouse structure, three stories in height, would be located west of the south mixed use building. The two
mixed use structures, separated by a "main street" that forms an entry into the property from Federal Highway,
will connect with the townhouse uses on the western portion of the site. The north buildings will enclose a
four-level parking structure, two (2) outdoor recreation areas and a one-story clubhouse/activity area. The
south commercial building and the adjacent townhouses will enclose a 2-level parking structure. The proposed
broad sidewalks and landscaped plazas along Federal Highway create pedestrian-friendly areas.
West of the mixed-use structures, 65 three-story, fee-simple townhouses are proposed, with 10 fronting on
Gulfstream Boulevard and 17 fronting on Old Dixie Highway. The remaining 38 units are internal to the
project. A swimming pool and clubhouse are provided for use by the townhouse occupants. In addition to the
access to the townhouse area provided from the "main street", a secondary access is provided on Gulfstream
Boulevard and a one-way service road is provided from Federal Highway to Old Dixie Highway at the north of
the property.
Page 3
Memorandum No. PZ 05-140
The mixed use buildings and their adjacent residential structures are designed in a "post-modern" architectural
style, while the townhouses are "traditional" in design. In using different architectural styles, the developers
have created two distinct areas for the development, with the more vibrant and urbane mixed use portion
along Federal Highway and a quieter residential portion along Gulfstream Boulevard and Old Dixie Highway.
Consistent with the requirements of staff, the applicant has provided an additional 20 feet of right-of-way along
Old Dixie Highway and will be providing off-site improvements along Old Dixie Highway and Gulfstream
Boulevard, which include on-street parking, drainage improvements and sidewalks. Sidewalks fronting the
mixed use portion along Federal Highway will be widened to form pedestrian-friendly plazas.
A Height Exception (HTEX 05-004) was also approved for this project at the time of site plan approval. The
height exception is only for the mixed-use buildings (Buildings 1 and 2) that have portions of their structures
that exceed the district's maximum height threshold of 45 feet. The elevations show that several decorative
towers would reach as high as 60 feet in height, however they account for a small percentage (10%) of the
entire roofline. Both mixed-use buildings would meet code as it relates to building height because their roof
level would be 41 feet in height and the top of the parapet wall would be 46 feet in height. The parapet wall
may exceed the 45-foot threshold only if the wall itself is five (5) feet or less in height. Approval of the
requested site plan time extension will also extend the previously approved height exception for the mixed
use buildings.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve one (1) year time extensions, provided that the
applicant files the request prior to the expiration date of the development order. In this case, the applicant
has met that requirement. The Planning & Zoning Division received the application for time extension on May
24, 2006, a total of 70 days prior to the expiration date of the new site plan.
According to the time extension application, Mr. Mankoff indicates that the property owner / developer, New
Century Companies LLC, has been "diligently working to secure a building permit for the project" and lists the
following accomplishments as demonstrating their "good faith" efforts: (1) site permit, plat, and other
engineering permit applications have been submitted; (2) construction documents are approximately sixty
percent (60%) complete; (3) environmental report approved for remediation of dry cleaners, and (4) capacity
reservation fees in the amount of $30,120.55 have been paid in full to the City.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for the Heritage Club
project containing 19,538 sq. ft. of commercial (office, retail and restaurant) and 166 multi-family residential
units. 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 which exempts residential units from traffic concurrency requirements, while the retail and
office components would 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 is 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.
Page 4
Memorandum No. PZ 05-140
As for utilities, the applicant has paid the required utility reservation fee to the City, however the reservation
will expire on August 31, 2006. Per the Utilities Director, if the applicant obtains building permits or pays the
full capital facilities charge prior to the August 31, 2006 expiration date, the reservation will not have to be
renewed. Otherwise, the applicant will be subject to applying for a renewal of the utilities reservation (see
Exhibit "c" - Conditions of Approval).
The site plan time extension is still subject to the original 71 conditions of site plan approval, with the
exception of Condition #9, regarding payment of the utilities reservation fee. Lastly, no new land
development regulations are now in place against which the project should be reviewed and modified.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the site plan (NWSP 05-014)
and height exception (HTEX 05-004) for the Heritage Club at Boynton Beach project. If this request for
extension were approved, the expiration of this site plan, including concurrency certification, would be
extended to August 2, 2007. Staff is generally in favor of the redevelopment efforts represented by the
approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the
Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and
economic revitalization. The proposed Heritage Club at Boynton Beach project will provide an opportunity for
redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby
properties, and contribute to the overall economic development of the City. In addition, the Heritage Club
project is proposed at a scale and massing that will provide a transition into the downtown area and provide a
variety of housing and mixed uses on site. If this request for site plan time extension is approved, all
outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the
building permit process.
S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\SPTE 06-006\Staff Report.doc
LOCATION MAP
Heritage Club @ Boynton Beach
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EXHIBIT "e"
Conditions of Approval
Project name: Heritage Club at Boynton Beach
File number: SPTE 06-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval.
Heritage Club SPTE 06-006
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
2. The utilities reservation for this project will expire on August 31, 2006 unless
the applicant obtains building permits or pays the full capital facilities charge
by August 31, 2006. Otherwise, the applicant will be subject to applying for
a renewal of the utilities reservation.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Heritage Club@Boynton Beach\SPTE 06-006\COA.doc