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
~ December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon)
0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 6, 2007 January 16, 2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
~ Public Hearing 0
RECOMMENDATION: Please place this request on the December S, 2006 City Commission Agenda under
Public Hearing. The Planning and Development Board on November 28, 2006, recommended that this request be approved.
Staff respectfully requests that this item be processed expeditiously to the December Sth Commission meeting given the
cancellation of the December 19th meeting. For further details pertaining to the request, see attached Department
Memorandum No. 06-206.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
High Ridge New Urban PUD (SPTE 06-013)
Jeffrey Costello, Director of Planning for New Urban Communities
New Urban High Ridge, LLC
High Ridge Road and Miner Road
Request for a 12-month site plan time extension for site plan approval granted on
September 20, 200S, to extend site plan approval from September 20, 2006 to September
20,2007.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development
N/A
N/A
N/A
City Manager's Signature
Planning and Zo . g irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECT \High Ridge- New Urban Communities\SPTE 06-0 13\Agenda Item Request High Ridge New urban PUD SPTE 06-
013 l2-5-06.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Assistant to City Manager
TO:
FROM:
THROUGH:
DATE:
PROJECf NAME j
NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-206
STAFF REPORT
Chair and Members
Planning and Development Board and
Mayor and City Commission
Gabriel Wuebben t....".)
Planner ~. . ,l"/ ./
\~
Michael W. Rumpf 10
Director of Planning and Zoning
November 7, 2006
New Urban High Ridge PUD j SPTE 06-013
Site plan time extension for 48 single-family detached homes and 126 fee-
simple townhomes on an 18.44-acre parcel in the PUD Planned Unit
Development zoning district.
Property Owner:
Applicant! Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
PROJECT DESCRIPTION
New Urban High Ridge, LLC
Jeffrey Costello - Director of Planning, New Urban Communities, Inc.
Northwest corner of High Ridge Road and Miner Road (Exhibit "A")
Medium Density Residential (9.58 dujacre)
PUD Planned Unit Development
48 Single-family detached homes
126 fee-simple townhomes
18.44 acres
Single family homes in unincorporated Palm Beach County, designated
LR-2 Low Density Residential (2 dujacre) and zoned RS Single Family
Residential;
The right-Of-way of Miner Road, then developed property (flex space
warehouse) designated Industrial (I) and zoned M1 Light Industrial;
further south a town home development (Canterbury), with a density of
Staff Report - High Ridge New Urban Communities (SPTE 06-013)
Memorandum No PZ 06-206
Page 2
approximately 9.9 du/acre, designated Industrial (I) and zoned Planned
Industrial Development (PID); to the southwest, undeveloped property
within unincorporated Palm Beach County designated Industrial (IND) and
zoned Single Family Residential (RS);
East:
The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge
Estates, with single family homes and townhomes (town homes built at
8.04 du/acre), designated Low Density Residential (LDR) and zoned
Planned Unit Development (PUD). To the southeast, High Ridge
Commerce Park, developed properties designated Industrial (I) and zoned
Planned Industrial Development (PID); and
West:
To the west, undeveloped property (High Ridge Country Club) designated
Low Density Residential (LDR) and zoned RiM Single Family Residential.
BACKGROUND
Mr. Jeffrey Costello, agent for New Urban High Ridge, LLC, is requesting a one (1) year time extension for
the New Urban High Ridge PUD Site Plan development order (NWSP 05-016), which was approved by the
City Commission on September 20,2005. This approval is valid for one (1) year from the date of approval,
unless a building permit has been issued or a time extension applied for. If this request for extension were
approved, the expiration date, including concurrency certification, would be extended to September 20,
2007. According to the site plan staff report, the project was approved to construct 48 single-family
detached homes and 126 fee-simple townhomes on an 18.44-acre parcel in the PUD Planned Unit
Development zoning district.
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 extension request
September 20, 2006 - the last day before expiration of the site plan.
The developer illustrated several reasons for the delay in securing permits. Plans had to be changed due
to the Palm Beach County Traffic Division which required a 15' dedication and additional concerns from the
County regarding High Ridge Road. A series of lift station and lake relocations delayed progress through
April of 2006, and required modifications to the plans and plat, which were resubmitted to the City. Also,
the plat process and completion of the engineering plans took longer than anticipated as a result of the
2005 hurricane season as well as coordination with the various City agencies and abutting property
owners.
The developer has pointed out progress made to date in order to indicate good faith. A minor site plan
modification to address adjustments made in response to comments/conditions of site plan approval was
just recently approved. A Capacity Reservation Fee in the amount of $225,100.46 has been paid in full to
the City of Bovnton Beach. The Palm Beach County right-of-way permit for High Ridge Road
Staff Report - High Ridge New Urban Communities (SPTE 06-013)
Memorandum No PZ 06-206
Page 3
improvements has been approved and forwarded to South Florida Water Management District, with
approval pending. Palm Beach right-of-way permit for the landscaping within High Ridge Road is pending.
Health Department approval of the water and sewer plans has been approved. The site clearing and
grubbing permit has been issued, as well as the permits for the land development sign and construction
trailer. The final engineering plans have been approved. The resubmitted plat is awaiting City Commission
approval, likely in December of 2006. Land development is to commence immediately after approval and
recordation of the plat. The construction drawings are being prepared with submittal of building permits
to occur in November.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. On April 27, 2005, the Palm Beach County Traffic Division determined that the
proposed residential development meets the Traffic Performance Standards of Palm Beach County.
According to the analysis, the Palm Beach County and Florida Department of Transportation Five (5)-
Year Road Program do not include any widening projects in the vicinity of the site. According to the
land use amendment staff report (PZ Memo 05-024), High Ridge Road is currently operating at a "B"
level of service and would continue to do so after project build-out. The site plan time extension
would still be subject to the original conditions of site plan approvals. Lastly, no new land
development regulations are now in place against which the project should be reviewed and modified.
As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the
adoption of Ordinance 05-060.
RECOMMENDATION
Staff has reviewed this request for site plan time extension, and recommends approval contingent upon
successfully satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional
conditions recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\SPTE 06-013\High Ridge SPTE 06-013 Staff Report.doc
Exhibit "Air
New Urban Hig~ Jtidge PUD
Location Map
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PLANNING AND
ZONING DEPT
Mr. Michael Rumpf
Planning and Zoning Director
City Hall- West Wing
100 Boynton Beach Blvd
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: High Ridge - Site Plan Approval Extension Request Letter
Dear Mike:
This letter is provided as a request for an extension of the site plan approval for the High Ridge
PUD. At its meeting of September 20, 2005, the City Commission approved (5-0), with
conditions, the request for New Site Plan Approval for High Ridge to construct 48 single family
homes and 126 townhouse units on an 18.44 acre parcel located at the northwest corner of High
Ridge Road and Miner Road.
Pursuant to the Chapter 4, Section 5 of the City of Boynton Beach Land Development
Regulations, upon approval of a site plan by the City Commission, the applicant shall have (1)
year to secure a building permit from the Development Department, unless the City Commission
extends the approval of the site plan for an additional time period, not to exceed one (I) year.
While the owner of the property, New Urban High Ridge, LLC, has been diligently addressing
conditions of approval, processing the plat, and obtaining permits from the various governmental
entities; unfortunately, building permits have not been secured. The following is a list of items
that indicate the reasons for the delay and demonstrates the owner is committed to the project
and is proceeding in a "good faith" effort:
· Subsequent to site plan approval, Palm Beach County Traffic Division required a 15'
dedication from the east side of the property for High Ridge Road right-of-way, which
significantly impacted the approved plans. Additional comments from the County concerning
the three laning of High Ridge Road and stacking required additional changes to all the plans.
· The lift station, which was originally indicated at the southwest corner of the retention
area/lake, was relocated to the southwest corner of the site and the lake modified accordingly.
We attempted to obtain an easement from the adjacent property owner (High Ridge Country
Club) to connect to the force main to the north, as originally requested by Utilities
Department. However, as the abutting property owner was not willing to dedicate an
easement at this time, therefore the lift station had to be relocated to the southwest comer of
the site, as requested by Utilities. The lift station relocation was finally resolved in April of
this year and required extensive modifications to the plans and plat, which were resubmitted
to the City.
398 NE 6th Avenue, Delroy Beach. Florida 33483
tel 561.279.8706. fax 561.272.3951 · www.newurbancommunities.com
To: Mr. Michael Rumpf
Re: High Ridge - Site Plan Apprl. .tl Extension Request Letter
Page 2
· A minor site plan modification is currently being processed to address site adjustments made
pursuant to comments/conditions of site plan approval, Palm Beach County Traffic
Engineering and City Utilities. Approval of the minor modification is pending, but should
occur soon.
· Capacity Reservation Fee in the amount $25, I 00.46 has been paid in full to the City of
Boynton Beach.
· Palm Beach County right-of-way permit for High Ridge Road improvements has been
approved and forwarded to South Florida Water Management District. Approval from
SFWMD is pending.
· Palm Beach County right-of-way permit for the landscaping within High Ridge Road is
pending.
· Health Department approval (permits) of the water and sewer plans have been approved.
· The site clearing and grubbing permit has been issued, as well as the permits for the land
development sign and construction trailer.
· The final engineering plans have been approved.
· Resubmittal of the plat will occur on September 21, 2006, with approval by the City
Commission pending.
· Land development to occur immediately after approval and recordation of the plat.
· The construction drawings are being prepared with submittal of building permits to occur by
November.
As indicated, the plat process and completion of the engineering plans took longer than
anticipated while experiencing delays as a result of the 2005 hurricane event as well as
coordinating with the various agencies; City Engineering, Utilities, and Planning Departments;
and, the abutting property owner (High Ridge Country Club).
Based upon the above, New Urban High Ridge, LLC respectfully requests extension of the site
plan approval for an additional year, expiring on September 20, 2007. Should you have any
questions or need additional information, please do not hesitate to contact me at (561) 279-8706
ext. 214.
Sincerely,
D
J . Costello, AICP
. ector of Planning
EXHIBIT "C"
Conditions of Approval
Project name: New Urban High Ridge PUD
File number: SPTE 06-013
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval. X
New Urban High Ridge PUD / SPTE 06-013
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\SPTE 06-013\COA.doc
DEVELOPMr 'T ORDER OF THE CITY COMMISr 1N OF THE
ell Y OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
New Urban High Ridge PUD
APPLICANT:
New Urban High Ridge, LLC
APPLICANT'S AGENT:
Jeffrey Costello - Director of Planning, New Urban Communities
AGENT'S ADDRESS:
398 NE 6th Avenue, Delray Beach, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
December 5, 2006
TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20,2007, for 48
single-family detached homes and 126 fee-simple town homes on an
18.44-acre parcel in the PUD Planned Unit Development zoning
district.
LOCATION OF PROPERTY: Northwest corner of High Ridge Road and Miner Road (Exhibit "A")
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1 . Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\SPTE 06-013\DO.doc
-z~~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE
CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on
Tuesday, November 28, 2006 at 6:30 p.m.. The City Commission will also hear
the request on Tuesday, December 5, 2006 at 6:30 p.m. or as soon thereafter as
the agenda permits. Both meetings will be held in the CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, to consider this request
submitted by Jeffrey Costello, agent for New Urban Communities. The request is
described as follows:
LOCATION:
Northwest corner of Miner Road and High Ridge
Road.
REQUEST:
Site plan time extension approval to construct 48
single-family detached homes and 126 fee-simple
townhomes on an 18.44-acre parcel in the Planned
Unit Development (PUD) zoning district.
This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the
City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach
Boulevard.
All interested parties are notified to appear at said hearings in person or by
attorney and be heard. Any person who decides to appeal any decision of the
Planning and Development Board or City Commission with respect to any matter
considered at these meetings will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be
based.
The City shall furnish appropriate auxiliary aids and services where necessary to
afford an individual with a disability an equal opportunity to participate in and
enjoy the benefits of a service, program, or activity conducted by the City. Please
contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to
the program or activity in order for the City to reasonably accommodate your
request.
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