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
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005 January 17, 2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) t8J February 15, 2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14, 2005 (Noon)
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28,2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM t8J Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the February 15, 2005 City Commission Agenda under
Public Hearing, to be combined with the corresponding ordinances for Land Use Amendment and Rezoning. The City
Commission on February 1,2005, acted to reconsider this request to allow for anticipated changes in the conditions of
approval originally approved on January 18,2005. The proposed changes from the applicant and attorney for selected INCA
residents have been previously forwarded to staff and the City Commission, and will be further presented and discussed at the
Public Hearing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ
04-294.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Seaview Park Club (NWSP 04-014)
Weiner & Aronson, P.A.
Wayne Irving and Charlene Darst
1620 North Federal Highway (east side of North Federal Highway, approximately 1,000
north of the Boynton (C-16) canal)
Request for new site plan approval for the construction of 69 condominium units on
3.756-acres in the IPUD zoning district.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Develo ent epa City Manager's Signature
/'A-tJ //
Planning an~~ctor City Attorney I Finance I Human Resources
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-294
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Eric Lee Johnson, AICP
Planner
if
DATE:
January 6, 2005
PROJECT NAME/NO:
REQUEST:
Seaview Park Club / NWSP 04-014
New Site Plan
PROJECT DESCRIPTION
Property Owner: Multiple owners (see file)
Applicant: Lennar Homes, Incorporated
Agent: Mr. Michael Weiner / Weiner & Aronson, P.A.
Location: East side of Federal Highway approximately 1,000 feet north of the
Boynton (C-16) Canal (Exhibit "A'')
Existing Land Use: Local Retail Commercial (LRC) and Low Density Residential (LDR)
Existing Zoning: Community Commercial (C-3) and Single-family Residential (R-l-AA)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 69 multi-family (condominium) dwelling units
Acreage: 3.756 acres (163,611.36 square feet)
Adjacent Uses:
North:
To the northwest, developed multi-family rental complex (Manatee Bay)
designated Local Retail Commercial (LRC) and Community Commercial (C-
3); to the northeast designated High Density Residential (10.8 du/ac) and
zoned Multi-family Residential (R-3);
South:
To the south along Federal Highway, developed commercial strip center
Staff Report -Seavlew Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 2
(Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned
Community Commercial (C-3); farther east, developed single-family
residential (Yachtsman's Cove) designated Low Density Residential (4.84
du/ac) and zoned Single Family Residential (R-l-AA);
East:
Right-of-way for Intracoastal Waterway;
West:
Rights-of-way for U.S. 1 and the Florida East Coast Railroad, then
developed property fronting on Northeast 4th Street, designated High
Density Residential (HDR) and zoned Multi-family Residential (R-3).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject new site plan 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.
Site Characteristic: The subject property is comprised of one (1) rectangular-shaped lot with the
eastern portion submerged under the Intracoastal Waterway. The lot is currently
located within the Federal Highway Corridor Community Redevelopment Plan Study
Area I and is currently developed with 64 licensed mobile homes and their
respective parking areas. The existing density of the mobile home park is non-
conforming because the property is zoned R-l-AA with an underlying land use of
Low Density ReSidential. As indicated on the survey, several easements traverse
the property in varying locations. The most notable easement is located along the
north property line where the presence of FP&L power lines run in an east-west
direction. Also, the survey shows the locations of wood and chain-link fences
(along the property perimeters), the swimming pool area and two (2) wood docks.
The site contains Coconut, Queen, Cabbage, Areca, and Royal palm trees. It also
contains Orange, Mahogany, and a Banyan tree for a total of 53 trees. The highest
ground elevation (11.32 feet) occurs along the west property line, at the northwest
corner of the property.
BACKGROUND
Proposal:
Mr. Michael Weiner, representative for Lennar Homes, Incorporated, is proposing a
new site plan for the construction of 69 multi-family (condominium) dwelling units.
Approval of this project Is contingent upon the approval of the corresponding
request for land use change and rezoning (LUAR 04-010). Condominiums are
permitted uses in the IPUD zoning district. Under the Special High Density
Residential (SHDR) land use category, the maximum allowable density would allow
a total of up to 75 dwelling units at a density of 20 dwelling units per acre. Both
mobile homes and condomIniums are considered as "dwelling units". In summary,
the site plan proposes an additional five (5) dwelling units over the number of
currently licensed mobile homes. this would equate to a project density of 18.37
dwelling units per acre. No phasing plan was submitted. Staff understands that
the entire project would be built In one (1) phase.
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 3
Concurrency:
ANALYSIS
Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. The County
has determined that the proposed residential project is located within the
designated Coastal Residential Exception Areas of the county, and therefore meets
the Traffic Performance Standards of Palm Beach County. No building permits are
to be issued by the City, after the 2006 build-out date. The County traffic
concurrency approval is subject to the Project Aggregation Rules set forth in the
Traffic Performance Standards Ordinance.
Utilities: The planned purchase of up to 5 million gallons of potable water per day from Palm
Beach County Utilities would supply potable water for this project. 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. Sufficient sanitary sewer and
wastewater capacity is currently available to serve this project, subject to the
applicant making a firm reservation of capacity, fOllowing approval of the site plan.
Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"c" - Conditions of Approval).
School: The School District of Palm Beach County has reviewed the request and determined
that adequate capacity exists to accommodate the dwelling units.
Driveways: The project proposes one main (1) point of Ingress and one (1) main point of
egress to the subject site. Both existing driveway openings are located on U.S. 1.
The northernmost opening Is earmarked for ingress and the southernmost, for
egress. The developer previously met with staff from the Florida Department of
Transportation (FDOT) regarding the location of the Ingress / egress lanes and that
the proposed site plan's traffic pattern Is a product of their recommendation. The
site plan (sheet SPl of 2) shows that each lane for Ingress and egress would be 20
feet In width. Vehicles would enter through the northernmost opening, move
eastward and then make a 180-degree turn to the west. These openings along
U.S. 1 would not be gated and the applicant states that It Is not their Intent to make
this Into a gated community In the future. The driveway, drive aisles, and turning
radius, internal to the development, would be Improved to conform to current city
engineering standards.
Staff Report-Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 4
Parking Facility: One (1) bedroom dwelling units require one and one-half (1 V2) parking spaces per
unit. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces
per unit. The project proposes a mix of one (1) and three (3) bedroom units for a
total of 69 dwelling units. A recreation / clubhouse area is also proposed.
Therefore, based on the above referenced number of units and the amenity, the
project requires a total of 142 parking spaces. The site plan shows that each unit
would have a single or double garage with an outside tandem space. In summary,
the plan proposes 72 garage parking spaces, 72 tandem parking spaces, and 31
off-street parking spaces for a total of 175 parking spaces, or an excess of 33
spaces. According to the site plan, the 90-degree parking stalls would be
dimensioned nine (9) feet in width by 16 feet in length with two (2) feet of
overhang (l8-feet in total length). The handicap parking spaces would be
dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in
length.
A note on sheet SP-2 of 2 Indicates that roll-out garbage and recycle containers
would be placed at the edge of the individual driveways of the tandem parking
spaces. The roll-out containers would only be in this awkward location on trash
pick-up days. This temporary location would not be an issue for efficient solid
waste removal.
Landscaping:
As previously mentioned, the survey indicates that there are a total of 53 existing
trees on-site. The tree disposition plan (L-6 of 6) indicates that 19 would be
relocated and one (1) would be left in place. The remaining trees would be
removed and mitigated. The tree species to be relocated would be the following:
Coconut palm, Citrus tree, Alexander palm, Royal palm, and Cabbage palm.
According to the site plan tabular data (sheet SP-2 of 2), the proposed landscaped
area would equal 0.88-acre or 23.5% of the site. The Plant LIst indicates that 82 of
the 99 shade trees (83.8%) of the shade trees would be native while 52 of the 81
palm trees (64%) would be native. LIkewise, 2,007 of 3,913 or 51.3% of the
shrubs / groundcover plants would be native. This meets the Intent of Chapter 7.5,
Article II, Section 5. P of the Land Development Regulations.
The site plan (sheet SP-l of 2) shows that the western landscape buffer (adjacent
to U.S. 1) would vary in width but would be at least 20 feet at Its narrowest pOint.
The Main Entrance Area landscape Plan (sheet L-2 of 6) shows that an black
aluminum fence, six (6) feet In height is proposed within the western landscape
buffer, approximately 11 feet away from the west property line. The perimeter
plantlngs proposed between the fence and the property line would Include Royal
and Bizmark palm trees, Pigeon Plum shade trees In conjunction with Ixora 'Nora'
Grant, Aztec grass, Japanese Yew, and Redtlp Cocoplum hedges. The plant
material proposed east of the wall but west of Building One would Include Purple
Glory trees, Cabbage palm, Green Buttonwood, Pink Hibiscus tree, Aztec grass,
Redtlp Cocoplum, Southern Wax Jasmine, and Travelers tree. The development's
front entrance (shown on sheet L-l of 6) would be heavily landscaped with an
array of trees, hedges, and groundcover. Two cross sections have been provided
to Illustrate the varying heights of trees and shrubs.
Staff Report-Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 5
The north side landscape buffer would be three (3) feet In width. This narrow strip
in Itself would not be wide enough to effectively screen the subject property from
the abutting property to the north. However, the project intent is to consider the
combined effect of the three (3) foot wide buffer with the existing south landscape
buffer of the abutting property to the north. Where the hedge and tree
requirements are met on one property, only the green space width shall be
required for the abutting property in accordance with Chapter 7.5, Article II,
Section 5.D.E. of the Land Development Regulations. The south landscape buffer
of the Manatee Bay complex Is approximately 15 feet In width. During a site visit,
staff noted a difference In ground elevation (pOSSibly for drainage purposes)
between the subject property and the abutting property to the north. The site
Inspection also revealed that Manatee Bay's south landscape buffer contained 10-
foot tall Ficus hedges with clusters of 16-foot to 18-foot tall Mahogany trees spaced
10 feet apart, 16-foot to 18-foot tall Pongam trees spaced 10 feet to 15 feet apart,
14-foot to 16-foot tall Cabbage palm trees spaced five (5) feet apart, and clusters
Seagrape bushes. Staff suspects that some of the plant material was lost due to
the recent hurricanes of last fall. Regardless, the proposed landscape plan does
not show this existing plant material of Manatee Bay's southern landscape buffer.
Also, overhead FP&L power lines traverse along the subject property's north
property line (within the north landscape buffer). The presence of these power
lines would limit the type of tree species that may be planted within this buffer.
The tree canopy cannot conflict with the utility lines. Therefore, any trees
proposed within this three (3) foot wide buffer must conform to FP&l's Right Tree
- Right Place publication. At the time of permitting, the landscape plan would have
to be revised to show the existing landscape material of the abutting property to
north. The existing landscape material of the abutting property to the north would
have to be such that it meets the intent of the aforementioned code. Any
additional trees proposed within the subject property's three (3) foot wide
landscape buffer would have to adhere to Florida Power and Light (FP&L) Right
Tree - Right Place publication (see Exhibit "c" - Conditions of Approval). It should
be noted that the property owner to tne north always reserves the right to request
a modification from the approved landscape. However, a modification to the
landscape plan would require staff review In order to ensure minimal code
compliance.
The width of the rear (east) landscape buffer, adjacent to the Intracoastal
Waterway, would vary but would be approximately 10 feet wide at Its narrowest
point. This buffer would Include plant material such as Split Leaf Phllodendrum,
Green Buttonwood hedges and trees, Ixora 'Nora' Grant, Redtlp Cocoplum,
Southern Wax Jasmine, Solitaire palm, Coconut palm, and Pigeon plum trees.
Adjacent to the Single-family neighborhood to the south, the south landscape
buffer would be nearly 10 feet in width. this landscape buffer would Include a six
(6) foot high pre-cast wall, clusters of Coconut Palm, Laurel Oak, Pink Trumpet,
and Cabbage palm trees, and a row of FlorIda Royal palm trees. Myrslne and
Fakahatchee grass would be Installed on the north (Interior) side of the wall. The
cross-section labeled "Section Thru South Buffer" on sheet L-l of 6/11ustrates the
dimensions of the parking lot and pervious area of the southern landscape buffer.
staff Report-Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 6
The "Site Cross-section between Bldg 3 and 4 Facing West" Illustrates the line of
site from Yachtman's Cove to the subject property. The detail shows that the
Florida Royal Palm trees would be 35 feet in height, the Cabbage palm trees would
be 24 feet in height, and the remaining trees would be 18 feet in height. The
developer states that the landscape buffer and height of wall along the southern
landscape buffer should mitigate any potential glare from vehicle headlights. Staff
concurs. The south landscape buffer Is important to the compliance of this project
with regards to the design and compatibility requirements and standards of the
IPUD zoning district. Therefore, staff recommends that the plant material proposed
within the south landscape buffer be Installed In such a way as to provide
Immediate buffering. This can be accomplished by utilizing five (5) installation
tactics: minimize the removal of palm fronds from all proposed palm trees prior to
their installation if possible in accordance with industry standards, install all
proposed trees at their maximum height (within their specified range of heights)
without jeopardizing the visual bUffering of lower-to-mid-Ievel screening above the
wall, increase the size of the Laurel Oak trees (18 to 20 feet in height) proposed
directly "in front" of the buildings (outside the landscape buffer), replace the
stretch (series) of palm trees with canopy trees consistent with the remainder of
the buffer, and Insert additional palm trees within the south landscape buffer in
areas where tip-to-tip spacing is not entirely accomplished (see Exhibit "c" _
Conditions of Approval).
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district with a density of 18.37 dwelling units per acre. The maximum
density allowed by the Special High Density Residential land use classification is 20
dwelling units per acre. The 69 condominium units are proposed within four (4)
separate buildings on the 3.756-acre site. Each building would contain a varying
number of dwelling units. According to the Unit Mix Table on sheet SP-2 of 2,
Building One would contain 18 units while Buildings Two, Three, and Four would
contain 17 units. The condominium units would either be one (1) bedroom / one
(1) bath or three (3) bedrooms / two (2) baths. No two (2) bedroom units are
proposed. The one (1) bedroom / one (1) bath model would be 960 square feet
"under air" while the three (3) bedrooms / two (2) bath models would range from
1,639 square feet to 2,415 square feet "under air".
The IPUD zoning district allows a maximum building height of 45 feet and up to
four (4) stories tall. However, a lesser building height could be Imposed if
compatibility with the adjacent properties would be In jeopardy. The project
proposes four (4) separate buildings, all of which would be 4-stories tall. The
elevations show that the top of the parapet wall (for the flat portion of the roof)
would be 45 feet In height. Likewise, the mean height of the pitched portion of the
roof would also be 45 feet. As previously mentioned, the abutting property directly
to the north (Manatee Bay apartments) contains dual zoning districts, namely
Community Commercial (C-3) and Multi-family Residential (R-3). The buildings that
comprise the Manatee Bay complex were designed as three (3) story structures
with a building height of 38 feet. Similarly, the abutting property directly to the
south also contains dual zoning districts (Community Commercial / C-3 and Slngle-
family Residential I R-l-AA). The C-3 zoning district allows a maximum building
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 7
height of 45 feet. However, the R-l-AA zoning district only allows a maximum
building height of up to 30 feet (mid-point of roof), a difference of 15 feet.
Initially, staff Informed the developer that the proposed building height on the
subject property would be a critical design element to consider when requesting to
rezone to the IPUD zoning district. For this parcel, building height compatibility Is
very important due to Its close proximity to single-family detached homes (to the
south) and Manatee Bay's three (3)-story apartment buildings (to the north).
These properties have both varying residential Intensities and building heights. As
previously mentioned, the abutting property to the southwest Is zoned C-3. The C-
3 zoning district allows a maximum building height of 45 feet. Therefore, the
proposed building height on the western quarter of the subject property is of less
concern as It is on the eastern three-quarters. The elevations of Building One,
proposed on the westernmost quarter of the subject property, shows that the
building would be four (4) stories tall with the top of the parapet wall at 45 feet In
height. However, the abutting properties to the southeast that comprise the
Yachtsman's Cove neighborhood are zoned R-l-AA and consists of Single-story and
two-story homes. Therefore, building height compatibility on the eastern three-
quarters of the subject property is important because it directly abuts the single-
family homes to the south. Initially, staff suggested that the applicant reduce the
proposed building height of the south elevation (facing the single-family
neighborhood) from 45 feet to 34 feet - six (6) inches (to top of parapet) in an
attempt to improve compatibility with the properties to the southeast and to reduce
the height discrepancy. Staff felt that decreasing the height of the south fa~ade
would provide an equitable transition between the maximum height of 30 feet
allowed in the adjacent single-family neighborhood and the 45-foot height allowed
in the adjacent, multi-family district. However, after considering the ultimate
height of the proposed structure (45 feet), evaluating the effects of comparable
situations elsewhere, considering that the majority of adjacent single-family homes
are one-story or two-story and less than 30 feet in height, and after reconsidering
the Intent of the IPUD district to maximize compatibility, staff has determined that
compatibility would be achieved by limiting structure height to a maximum ot38
feet (see Exhibit "e" - Conditions of Approval). As indicated in the ordinance, a
"transition" should be accomplished In this situation, which Is best achieved by a
height which does not exceed the existing heights of the adjacent mUlti-family
development, and which transitions from the maximum height allowed In that
adjacent mUlti-family district, 45 feet. The staff recommendation to limit the
buildings to 38 feet may jeopardize the valuable penthouse units but It Is vital for
height compatibility. It Is important to note that the homes In Yachtman's Cove to
the south may be developed as two (2) story structures with a maximum building
height of 30 feet. In contrast, the Manatee Bay complex to the north could be
redeveloped or expanded with four (4) story, mUlti-family buildings with a
maximum building height of 45 feet In height under both the C-3 and R-3 zoning
regulations. Using rational zoning principles, the allowable average height between
the abutting properties to the north and south Is 37 feet - six (6) Inches. It should
be noted that under the current zoning district regulations, a 3D-foot tall house may
be constructed only 25 feet from the south property line without any required
buffering or landscaping. Conversely, this project's buildings are proposed over 48
feet from the south property line. Therefore, a 3D-foot tall building proposed 25
staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 8
feet from the south property line could represent more visual impacts to the
surrounding community than a three (3) story or 38-foot tall building height
building proposed farther away from the property line. Staff opined that the
proposed condominium project is reasonably compatible with the surrounding
properties as stipulated herein and Is similar to the development characteristics in
the coastal area. A height limitation of 38 feet would meet the intent of the IPUD
zoning regulations as it relates to building height and buffering.
The IPUD zoning district contains no specific minimum building setback
requirements other than mirroring the setbacks of adjacent zoning districts.
However, a structure on the perimeter of an IPUD project that is adjacent to an
existing single-family neighborhood must adhere to additional setback
requirements. The IPUD regulations require an additional one (1) foot building
setback for each one (1) foot in building height that exceeds 30 feet. In this case,
the proposed height of the condominium building would be 45 feet tall. Therefore,
this would equate to an additional required setback of 15 feet (in conjunction with
mirroring the setback of the abutting properties). The adjacent properties to the
north and south contain multiple zoning districts. However, an existing
neighborhood of single-family detached homes (zoned R-l-AA) abuts the subject
property to the southeast. Therefore, this additional 15 feet of setback would only
be applied from the south property line. The required setback for the Single-family
homes to the south is 25 feet. The additional 15 feet of setback (required on the
subject property due to the proposed building height) in conjunction with mirroring
the 25 foot setback (of the single-family homes) equates to a required 40 foot side
(south) setback. This project proposes a south (side) setback of 48.32 feet.
According to the setback table on sheet SP-2 of 2, the side setbacks for the
abutting properties to the north currently range from 10 feet to 30 feet. This
project proposes a 45.67-foot side (north) setback. The balconies proposed on the
north building fa{;ade would extend into the north-side setback by four (4) feet but
the edge of the balcony would still be 41.67 feet from the (north) side property
line. The existing rear setback of the adjacent properties currently range from 20
feet to 40 feet. This project's proposed rear (east) setback would be 40 feet. The
setback table on sheet SP-2 of 2, Indicates that the front (west) setback for the
adjacent properties (to the north and south) currently range from 20 feet to 40
feet. This project proposes a 31.69-foot front building setback. For this new site
plan, all proposed building setbacks are consistent with the existing setbacks within
the surrounding neighborhoods and meet the intent of the IPUD zoning district
setback regulations. .
Outdoor patios are proposed on the north and south building facades. A note on
the elevations indicates "no patio enclosures - no screens allowed". The recreation
area would be located at the eastern portion of the development overlooking the
Intracoastal Waterway. It would Include a 487 square foot cabana building and a
swimming pool. The elevation (sheet A2.17) of the one (1)-story clubhouse does
not Indicate the dimension at the peak of the roof but shows that the deckllne
would be 11 feet - one (1) Inch In height. It should be noted that the clubhouse
would be located 20 feet from the north property line. This dimension was not
Included within the setback table shown on sheet SP-2 of 2.
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 9
A lift station would be required to serve the cabana restrooms. The small grinder
station would be located along the north side of the cabana building. Its location Is
identified on sheet SP-l of 2. According to the applicant, the pump station would
require minimal maintenance and are visually benign, easy and safe to access, and
very cost effective. It is necessary because the existing sewer Infrastructure is not
deep enough to provide gravity sewer service to the east end of the site.
Design:
The design of the proposed buildings / clubhouse resemble a mixture between a
Spanish-Mediterranean style with Its smooth stucco finish and S-tlle roof and a
modern design with its decorative Permex shutters, decorative railings, black
canvas awnings, and pre-cast decorative columns. The exterior walls of the
buildings would be multi-colored consisting of the following Sherwin Williams
paints: Kilim Beige - SW#6106, Lemon Chiffon - SW#6686, and White Flour-
SW#7102. The elevations of the clubhouse do not indicate the proposed building
colors. Therefore, staff recommends the using the same colors on the clubhouse
that would be used on the condominium buildings (see Exhibit "c" - Conditions of
Approval).
The plans propose one (1) type of outdoor freestanding lighting fixture. The
photometric plan detail (sheet P-l of 1) shows that the light pole would be 18 feet
- six (6) inches in height and made of black fiberglass. The photometric plan
indicates that minimal or no light would "spill over" from the subject property to the
abutting properties.
Signage:
The Front Wall / Fence at Entry Detail (sheet A2.13) shows that a sign would be
located on the wall near the front entrance on U.S. 1. The detail shows the wall /
sign structure would be eight (8) feet - eight (8) inches in height. However, this
residential subdivision sign may be no more than six (6) feet In height and 32-
square foot in area (see Exhibit "c" - Conditions of Approval). The detail Indicates
the sign lettering would be black and of a Romans font. It would be placed on top
of the sign face that would be textured with 16-inch by 16-inch travertine tile. The
entire structure would be painted to match the condominium buildings. The sign
medallion would be a 12-inch by 12-lnch pineapple ornament. Staff recommends
placing the address somewhere on the sign.
RECOMMENDATION:
Staff reviewed this project for compatibility between It and the adjacent properties. Factors considered In
determining compatibility included the following: land use, density, height, dwelling type, style, activity,
and performance. Staff reviewed these characteristics against the Intent of the IPUD zoning regulations
taking Into account the built environment of adjacent properties and development characteristics within
the coastal areas. Staff has reviewed this request for new site plan approval, and based on the analysis
contained herein, Is recommending approval of the site plan, contingent upon the successful request for
land use amendment / rezoning (LUAR 04-010) and subject to 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.
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EXHIBIT "C"
Conditions of Approval
Project name: Seaview Park Club
File number: NWSP 04-014
Reference: 2nd review plans identified as a New Site Plan with a December 7.2004 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
2. 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:
3. All utility easements shall be shown on the site plan and landscape plans (as X
well as the Water and Sewer Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility easements.
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
utility easements or public rights-of-way.
4. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
5. 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
COA
01/07/05
2
DEPARTMENTS INCLUDE REJECT
greater (CODE, Section 26-16(b)).
6. 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 exoected demand.
7. In regards to sanitary service, this project probably will require a lift station X
on site, with the option to connecting to the existing sanitary system located in
Manatee Bay Apartments (to the north.) A preliminary review will be
required with the Utilities Department.
8. 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 oroject, in accordance with the CODE, Section 26-15.
9. 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 apolication.
FIRE
Comments:
10. The site addressing shall be visible from the street (with letters a minimum 6 X
inches in height with 1 ~-inch width (stroke).
11. At the time of permitting, Fire department vehicle access shall be maintained X
from the from the beginninl! to the finish of the project.
12. At the time of permitting, all fire protection equipment shall be operable and X
accessible during each phase of construction.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
13. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives ner 2001 FBC, Section 705.1.1.2.
COA
01/07/05
3
DEP ARTMENTS
14. Buildings, structures and parts thereof shall be designed to withstand the
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.
15. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the building design.
16. 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.
17. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
18. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
19. Please have the applicant provide the City with a copy of the letter that will be X
sent to the impact fee coordinator. To allow for an efficient permit review, the
applicant should request that the County send the City a copy of their
determination of what impact fees are required for the
pool/clubhouse/recreation building.
20. 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
21. 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.
22. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
INCLUDE
X
REJECT
COA
01/07/05
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DEP ARTMENTS INCLUDE REJECT
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
23. At the time of permit review, submit separate surveys of each lot, parcel or X
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.
24. 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))
25. 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.
26. 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.
27. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements of F.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
b. All shoring and re-shoring procedures, plans and details shall be
submitted.
c. All plans for the building that are required to be signed and sealed by the
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01/07/05
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DEPARTMENTS INCLUDE I.(HIHI'I
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
28. All the dwelling units in the building are considered "covered dwelling units" X
and shall comply with the Florida Fair Housing Act, F.S. 760.20 and the
Federal Fair Housing Act, 24 CFR 100.205. Indicate on the plans which
design option (A or B) is being utilized for the design of the dwelling units.
29. Clearly show the required clear floor spaces at all the fixtures and appliances X
in accordance with the Fair Housing Act
30. The elevators shall be designed for wheelchair users to enter the car, X
maneuver within reach of controls and exit from the car. Comply with ANSI
Standard A117.1-1986, Section 4.10.
P ARKS AND RECREATION
Comments:
31. Recreation Facilities Impact Fee - based on the formula the fee is computed X
as follows:
69 multi-family units X $656 ea. = $45,264
Private Recreation Facilities Provided - Swimming pool with Cabana,
Barbeque Areas, Exercise Rooms.
FORESTER/ENVIRONMENT ALIST
Comments:
32. The proposed trees should be installed at a minimum height that will provide X
for tree canopies at the 25'-35' height level along Federal Highway. These
trees should be installed in an effort to break up the expanse of the buildings.
This design should visually obscure portions of the second / third story levels
of the buildings. The applicant should evaluate the trees design along the
North, South, and West elevations shown on landscape sheet A2.08, A2.09.
33. At the time of permitting, provide a more accurate and detailed cross-section X
of the existing southern landscape buffer of Manatee Bay apartments. The
cross-section should include the width, ground elevation, existing plant
material and their height.
34. At the time of permitting, provide a cross-section of the entire length of the X
proposed northern landscape buffer. The cross-section should include all
landscape material proposed within the 3-foot wide landscape buffer on the
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01/07/05
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DEPARTMENTS INCLUDE REJECT
subject property in conjunction with the existing plant material located within
the southern landscape buffer of Manatee Bay Apartments. This illustration
should be in-scale with the 4-story condominium building proposed within
this project as shown on sheet A2.16.
PLANNING AND ZONING
Comments:
35. Approval of this site plan is contingent upon the accompanying request for X
land use / rezoning application (LUAR 04-010). This includes the proposed
project density. Include a note regarding LUAR 04-010 in the site plan
tabular data (sheet SPl of 1).
36. One (1) bedroom dwelling units require one and one-half (1 Yz) parking X
spaces. Two (2) and three (3) bedroom dwelling units require two (2) parking
spaces. The recreation area would require five (5) parking spaces. This
project requires 142 parking spaces and should be noted as such in the site
plan tabular data. The plan proposes 72 garage spaces, 72 tandem spaces,
and 31 off-street spaces, for an excess of 33 spaces. Please revise the site
plan tabular data to indicate this information.
37. At the time of permitting, the clubhouse elevations shall indicate the paint X
manufacturer's name and color code. Staff recommends using the same color
palette for the clubhouse that was used for the condominium building.
38. All new docks would require approval from the U.S. Army Corps of X
Engineers. Who owns the wood docks? Will they be removed? Do they
have permits? If an IPUD is located with frontage on the Intracoastal
Waterway, conditions of approval shall include a deed restriction requiring
that any marina or dockage built will not exceed in width, the boundaries of
the project's actual frontage on the water, regardless of what any other
governing or permitting entity may allow or permit (Chapter 2, Section
5.L.4.g.(3)).
39. Project compatibility will be judged on how well the proposed development X
fits within the context of the neighborhood and abutting properties. Provide
elevations and cross-sections showing adjacent structures within this site plan
application (Chapter 2, Section 5.LA.g.(1)).
40. The IPUD zoning district contains regulations regarding vehicular circulation X
(Chapter 2, Section 5A.h.). Provide documentation from the Florida
Department of Transportation that suggests their preference for the location of
the proposed points of ingress and egress.
41. A drainage statement is required prior to the Technical Review Committee X
meeting (Chapter 4, Section 7.F.2.).
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DEPARTMENTS INCLUDE REJECT
42. Provide a detail of front entry wall, including its dimensions, material, and X
color (Chapter 4, Section 7.D.). Also, on the main entrance landscape plan
(sheet L-2 of 5), indicate how far away the wall will be from the west (front)
property line.
43. Provide a detail of the fence proposed around the pool/clubhouse area, X
including its dimensions, material, and color (Chapter 4, Section 7.D.).
44. The residential subdivision sign may be no taller than six (6) feet in height X
and more than 32 square feet in area (Chapter 21, Article IV, Section 1.B.).
Staff recommends placing the address on top of the sign face.
45. Provide more detail of the cross-section of the buffer. Staff recommends X
adding decorative caps and score lines to the buffer wall.
46. Where the hedge and tree requirements are met on one property, only the X
green space width shall be required for the abutting property in accordance
with Chapter 7.5, Article II, Section 5.D.E. of the Land Development
Regulations. At the time of permitting, the landscape plan would have to be
revised to show the existing landscape material of the abutting property to
north. The existing landscape material of the abutting property to the north
would have to. be such that it meets the intent of the aforementioned code.
Any trees proposed within the subject property's three (3) foot wide
landscape buffer would have to adhere to Florida Power and Light (FP&L)
Right Tree - Right Place publication.
47. At the time of permitting, on the landscape plan, ensure that the plant X
quantities match between the tabular data and the graphic illustration.
48. Staff recommends limiting the maximum building height of Buildings Two, X
Three, and Four to 38 feet in order to maximize compatibility between the
subject property and the abutting properties / structures.
49. In order to maintain consistency of the appearance of the roof-top patio area, X
canopies, and other items other than plants, which are visible from adjacent
properties, shall be as shown on the site plan or done uniformly as a minor
site plan modification to the approved plan.
50. Where possible, staff recommends installing one (1) tree per 30 linear feet X
and short (small) palm trees within the 3-foot wide north landscape buffer.
The proposed trees should be consistent with the allowable trees species as
per FPL's Right Tree / Right Place publication(s).
51. Where possible, staff recommends increasing the installation height of the X
Laurel Oaks trees proposed within the parking islands on the north and south
sides of the buildings. The trees should be installed at a height of 18 feet to
20 feet rather than 16 feet to 18 feet.
COA
01/07/05
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DEPARTMENTS INCLUDE REJECT
52. Staff recommends installing tall, slender palm trees (such as Carpentaria or X
Solitaire) within each vacant interior parking island on both the north and
south sides of the building. The intent is to further break up the building
fayades with additional plant material. These trees should be installed at the
same height as the Laurel Oaks and meet the clear trunk requirements of the
landscape code. The type of palm tree will be overseen by the City Forester
at the time of permitting.
53. Staff recommends installing the Cabbage palm trees (proposed along the X
south property line) without the typical "hurricane cut". This would help to
provide immediate screening upon tree installation.
54. Staff recommends that the plant material proposed within the south landscape X
buffer be installed in such a way as to provide immediate buffering. This can
be accomplished by utilizing the following tactics: install all proposed trees
at their maximum height (within their specified range of heights) without
jeopardizing the visual buffering of lower-to-mid-Ievel screening above the
wall, replace the stretch (series) of palm trees with canopy trees consistent
with the remainder of the buffer, and insert additional palm trees within the
south landscape buffer in areas where tip-to-tip spacing is not entirely
accomplished.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
55. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
56. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\COA.doc
DEVELOPMe:. ~T ORDER OF THE CITY COMMISr.-10N OF THE
C.. (OF BOYNTON BEACH, FLORI[,. .
PROJECT NAME:
Seaview Park Club
AGENT:
Mr. Michael Weiner / Weiner & Aronson, P.A.
AGENTS ADDRESS:
102 North Swinton Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 18, 2004
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 69 condominium units on
3.756 acres in the IPUD zoning district.
LOCATION OF PROPERTY:
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner 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:lPlanninglSHAREDIWPIPROJECTSlSeaview Park Clublnwsp 04-0141DO.doc
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
0 December 7, 2004 November IS, 2004 (Noon.) 0 February I, 2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31,2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon)
IXI January 18, 2005 January 3,2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF IXI Consent Agenda 0 New Business
AGENDA ITEM 0 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 January 18,2005 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board forwards this request without a recommendation.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-294.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Seaview Park Club (NWSP 04-014)
Weiner & Aronson, P.A.
Wayne Irving and Charlene Darst
1620 North Federal Highway (east side of North Federal Highway, approximately 1,000
north of the Boynton (C-16) canal
Request for new site plan approval for the construction of 69 condominium units on
3.756-acres in the IPUD zoning district.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Devel P. t City Manager's Signature
l.:~ :t ~ect"' City Attorney / Fillance / Human Reso",,,,
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\Agenda Item Request Seaview Park Club NWSP 04014 1-18-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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Page 1 of2
,
Rumpf, Michael
From: Andy.MacGregor@Lennar.com
Sent: Tuesday, January 25, 2005 8: 10 AM
To: SHomrich@aol.com
Cc: rumpfm@ci.boynton-beach.f1.us
Subject: Re: Meeting this week
Good morning Steve
Unfortunately Kevin is out at a seminar all day Friday. Mike Grosswirth has some other commitments this week
which means that he will not have a landscape drawing ready until Friday. I would rather we met Friday so that
we can review the revised landscape buffer and go over the conditions of approval which directly relate to
landscaping so that we address any possible concerns by Monday, one day ahead of the City Commission
meeting. We can set up a call for Monday with Kevin to ensure that he is satisfied on behalf of the city with the
proposed changes to the buffer and to the conditions of approval.
As far as "our proposal" is concerned, I didn't mean to cause any concern. We are going to try and replicate what
you gave us yesterday - my only concern is that we may not be able to squeeze everything in to match your
dimensions exactly, for example we may need to spread the sabal palms out a little to accommodate the other
trees. I have asked Mike to do everything he can to match your sketch.
Please confirm that 3.30pm Friday will work for you.
Regards
Andy
SHomrich@aol.com
To Andy.MacGregor@lennar.com
cc rumpfm@ci.boynton-beach.fl.us
Subject Re: Meeting this week
01/25/200505:29 AM
Andy,
Kevin is a very important person from the city to have at the meeting, so I would make myself available to meet at
a different time if it would enable him to be there. Otherwise 3:30 Friday would be fine.
Also Andy, when you write "review our landscape proposal," it makes me think you changed the landscape as we
proposed. If that is the case, I would prefer it if Mike Grosswirth would give me a call today or tomorrow so we
can discuss any changes over the phone. Friday pm is getting rather late for any surprises and, like you, I'm
working in good faith to put this issue behind us before Tuesday's meeting.
1/2512005
INCA'S POSITION STATEMENT ON
THE LENNAR PROPOSAL FOR THE SEA VIEW TRAILER PARK
The Boynton City Commissioners wisely placed a moratorium on IPUD proposals after the
disappointing Harbors development. The 3-stories Harbors has a 52-foot setback from the
residences to the north and a density of 16.82 dwelling units per acre. The Lennar proposal is for a
4-story building with a 48-foot set back and 18.37 units to the acre, a move in the wrong direction!
Staff and INCA rewrote the ordinance emphasizing compatibility. The new ordinance
requires a transition from high density to low density and requires new building heights to match
the neighboring homes unless vegetation can screen the development.
Lennar's proposal doesn't fulfill either requirement.
Lennar doesn't meet the transition in density from Manatee Bay's 10.8 dulac to Yachtsman's
Cove 4.84 dulac. Instead they propose an increase to 18.37 dulac between these two lower
densities.
/' Lennar also cannot justify exceeding the 30' limit of the ordinance because their landscape
/ buffer does a terrible job of screening the 3rd and 4th floors. The plantable space in the southern
( buffer is only 7' 9" wide. Most of the trees are 18' or less and screen only the 1 st and 2nd stories.
\ Two clusters of24' sabal palms (a total of 18 trees) screen a very small section of the third floor.
) The 35' Royal Palms relied on to screen the 3rd and 4th floors don't do the job because there are
,/ only 12 of these trees spread out over 1,000 feet. In other words, the landscape has huge gaps
which completely expose the upper two floors and does not achieve the requirements of the
, I
( ?rdinance. Lennar's own expert testified that they can't squeeze in even one additional tree
~cause they have completely filled their plantable space.
y'
CII0 + V;v~ )fig Federal Highway is 20' wide at its narrowest point and is an example of what
. --. < le southern buffer. However, they can't make the southern buffer that wide
'~0 c..... p icr ~'c:...~rty is too narrow, therefore they cannot fulfill the IPUD requirements for a 3rd
&"C:1/v.-Q~-f7cu--> d-.So
-k "ow .c> c;.- r th the developer on several occasions to express this view but was told that the
r-~c:...c.,.,-. v-..e.",cC.--6<:-s d the remaining penthouses on the 4th floor were non-negotiable.
~~-==,-5S c o~ i of their work on the IPUD ordinance and is in favor of infill development.
~ ..-f"k .3. r...Q.. ..Fe......- nore consistent with both the IPUD ordinance and the 20/20 Master Plan than is
~~ we......s v-f -rt. e~ar. We see Lennar's proposal as a detriment to Yachtsman's Cove and
.) .9= ~ ~7 ~ch could set a precedent that wo~d adversely affec~ other neighborhoods in
L ( 7' . :ore, we respectfully request you reject the Lennar project as proposed at your
; meeting. Thank you!
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City Deadline for Submittal to City P &. D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
D December 7, 2004
D December 21, 2004
D Janua 4, 2005
[8J Janua 18 2005
D Februa 1, 2005
D Februa 15, 2005
D March 1, 2005
D March 15, 2005
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached [8J
All exhibits are attached & mark d e. ., Exhibit "A' [8J
Department Head's initials:
Seayiew Park Club NWSP 04-014
Please do not write in the shaded area below.
Legal Department signature D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
City Manager's signature
D
Person contacted to pick up rejected request
by
on
(Date)
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Dec 7 - March 15, 2005.doc
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
CAROLEJ.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)
December 16, 2004
Hand Deliverv
Mr. Michael Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Seaview Park Club
Our File No.: LENN004
Dear Michael:
Enclosed please find the Affidavit in connection with our Land Use, Rezoning and
Site Plan Applications. All mailing notices have been mailed out and the appropriate signs
have been posted on the property.
veryv
son S. Mankoff
,../ JSM:lg
Enclosure
Cc: Michael S. Weiner, Esquire (with enclosure)
Mr. Jose Herrera (with enclosure)
Mr. Andy MacGregor (with enclosure)
Mr. Dick Hudson (hand delivery with enclosure)
rti~:-...
I' ,!,
, I' r'
/1 >i:,j
I .LJ ~_.,,+
'.
'.
LENN004 Letter to Rumpf Dec. 16,2004
AFFIDA VIT
RE: Seaview Park Club/ LUAR04010 (Land Use Amendment/Rezonine) NWSP04014(Site Plan)
Jason S. Mankoff, the undersigned does certify that to the best of my knowledge the
attached list of envelopes with mailing labels and 400' radius map 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 mailing notification was postmarked on December 9, 2004, at least thirty (30) days
in advance of the first public hearing. A copy of what was. sent to each recipient is attached as
Exhibit "A."
Site signs were posted on the premises on December 16, 2004 in accordance with City
Ordinance 04-007. Attached are photographs of the signs showing their placement on the
property.
STATE OF FLORIDA
COUNTY OF PALM BEACH
Sworn to (or affirmed) and subscribed before me on this ~ day ofO/?o""b.-"- , 2004, by
Jason S. Mankoff.
I
:I''-~ Vanessa E Foutz
. ~ ,: My Commission DD15000~
~o'f\odf Expires October 14, 2006
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Signature opjotary P..Ublic-State ofFI~da
V A-Jl'I-e' S.) 1+ f-CJ '-l 7 2-
Print, Type, or Stamp Commissioned Name of Notary Public
My Commission Expire(
Personally Known ZOR Produced Identification_
Type of Identification Produced
O:\LENN004\NOTICE AFFIDA VIT.doc
E xhlb;f A
NOTICE OF PUBLIC HEARING
Weiner and Aronson, agent for Lennar Homes, Inc, applicant/owner, has requested the
following parcel to be considered for a Land Use Amendment, Rezoning and New Site
Plan approval.
Legal Description:
Please See Exhibit "A".
Proposed Use:
Residential Condominiums
A PUBLIC HEARING TO CONSIDER THE REQUEST IS SCHEDULED BEFORE THE
COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, JANUARY 11,
2005 AT 6:30 PM.. THE CITY COMMISSION WILL ALSO CONSIDER THE REQUEST
ON TUESDAY, JANUARY 18,2005 AT 7:00 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 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
EXHIBIT A
Legal Description
Of Property
A parcel ofland lying in Section 22, Township 45 South, Range 43 East, PalIn
Beach County, Florida more particularly described as follows:
The portion of the following described parcel lying East of the Easterly right-of-way line
of U.S. #1 (State Road #5)
Commencing at a point 314.74 feet South of he Northwest comer of Section 22,
Township 45 South, Range 43 East, on Section line between Sections 21 and 22; thence
numing East 1427.25 feet parallel with the north line of said Setion 22 to Lake Worth;
thence South 158.32 feet; thence West on a line parallel with said Section line 1426.53
feet to the Section Line between Sections 21 and 22; thence North 158.32 feet to the
point of beginning.
'--"
'---r
Trustees No. 40227(5542-50)
JCERTIFICAT~
Upon application of Wayne Irving and Charlene Darst, each as tenants in
common with one third interest, and Carmen Hubert Irving and Gail Ann rrving, as Co-
Trustees and their Successor Trustees of the Cannen Hubert Irving Revocable Living
Trust dated May 12, 2003, as to 811uudivided one-third interes~ whose address is C/O
Kenneth M. Kaleel, Esq. 555 North Congress Ave. Stew 301. Boynton Beach" FL 33426,
and pUl'8Uant to Section 92.16 and sub-section 253.12(9), Florida Statutes, the
undersigned, on behalf of the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF TIIE STATE OF FLORIDA, pursuant to Rule 18-
21.0J 9, Florida AdministJ:ative Code, hereby certifies that the boundary separating the
lands of private ownersbip from the a<ljacent state owned sovereignty lands on July I,
] 975, Is described as tollows:
DESCRIPTION
THEWATERWARD BOUNDARY LINE AS OF JULY 1, 1975, LYING ALONG
LAKE WORTH, IN SECTION 22, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM
BEACH COUNTY, FLORIDAt SAID LINE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTIJEAST CORNER OF TIlE PROPERTY DESCRIBED
IN W AR.RANTY DEEDS RECORDED IN OFFICIAL RECORDS BOOK 13958, PAGE
0739, AND IN OFFICIAL RECORDS BOOK 15287, PAGE 1396 OF TIlE PUBLIC
RECORDS OF SAID COUNTY; THENCE NORTII 01015'31." WEST ON THE EAST
LINE OF SAID DESCRIBED PROPERTY 158.36 FEET TO TIlE NORTHEAST
CORNER OF SAID DESCRIBED PROPERTY, ALSO BEING THE INTERSECTION
WITH TIlE SOUTH LINE OF THE PLAT OF <<LAKE VILLAGE", ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 18 OF THE PUBLIC
RECORDS OF SAID COUNTY; THENCE NORTH 90000'00" EAST ON SAID
SOUTH LJNE 122.18 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF
4'LAKE VILLAGE" AND TIlE POINT OF BEGINNING OF HEREIN DESCRIBED
LINE; THENCE SOUTH 01037'00" WEST ON TIlE SOUTHERLY .EXTENSION OF
TIm WEST LINE OF SAID PLAT OF "LAKE Vll..LAGE" 0.94 FEET TO mE
INfERSECTION WITH TIIE NORTH EDGE OF WATER OF LAKE WORTH;
THENCE ALONG SAID EDGE OF WATER TIlE FOLLOWlNG 7 NUMBERED
coURSES: 1) NORTII 90000'00" WEST 7.92 FEET TO A POINT OF CURV AnJRE
OF A CIRCULAR CURVE, CONCAVE SOUTHEAST; 2) SOUTHWESTERLY ON
TIlE ARC OF SAID CURVE. WITH A RADIUS OF 10.00 FEET AND A CENTRAL
ANGLE OF 58005'39" AN ARC DISTANCE OF 10.14 FEET TO A po.IN'i' OF
TANGENCY; 3) SOUTH 31.054'21" WEST 34.59 FEET TO A POINT OF
CURVATURE OF A CIRCULAR CURVE, CONCA VB EAST; 4) SOUTHERLY ON
THE ARC OF SAID CURVE, WITH A RADIUS OF 15.00 FEET AND A CENTRAL
ANGLE OF 36043'13" AN ARC DISTANCE OF 48.07 FEET TO A POINT OF
TANGENCY; S) SOUTH 04048'52" EAST 7.30 FEET TO A POINT OF CURVATIJRE
OF A CIRCULAR CURVE, CONCA VB WEST; 6) SOUTHERLY ON THE ARC OF
SAID CURVE, WITH A RADIDS OF 75.00 FEET AND A CENTRAL ANGLE OF
24010'41" AN ARC DISTANCE OF 31.65 FEET TO A POINT OF TANGENCY;; 7)
SOUTH 19021'49" WEST 41.28 FEET TO THE INTERSECTION WITH THE NORTH
LINE OF uY ACHTSMAN COVE" ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 31, PAGE 225 OF THE PUBLIC RECORDS OF SAID
COUNTY, ALSO BEING TIlE POINT OF TERMINUS OF HEREIN DESCRIBED
LINE.
The above legal description was prepared with information furnished by Jolm F. Pulice.
Florida Professional Surveyor and Mapper No. 2691.
Page J of 3
Trustees No. 40227(5542"50)
NOTE: (1) This certificate is issued without a title e;7I;amination of all tidally influenced
land or tidally influenced islands bordering or being on sovereignty land, which have
been pennanently e.x.tended, filled, added to existing lands, or created before July 1,
1975, by fill, lying landward of the above described watcrward boundary UlJe, and the
Board of Trustees of tIle Intemallmprovement Trost Fund of the State ofFl.orida may not
have any right, title or interest in any of these lands. (2) The Board of Trustees of the
Internal Improvem.ent Trust Fund of the State of Florida bas not determined or verified
the riparian rights Jines of the applicant's privately owned uplaods. (3) This certificate
does not constitute a determination by the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida that the applicant owns the filled area that extends from
applicant's lands that are immediately upland of the filled area.
~
Pago 2 of 3
Trustees No. 40227(5542-50)
In Witness Whereof, I have hereunto set my hand and have caused to be affIXed hereto
the official seal of the Board of Trustees of the Intemallmprovemelll Trust Fund of the
State of Florida at its office in Tallahassee, Leon COWlty, Florida, this 2.41H day of
- 0 'HPVl:M.eefil- ,2004.
. ,I '< .~ "," .. . .'.
,'.. . ~':, >"0 tSEAJ.'.j' -. .':0:0 . -
;"' "'....~. "'....... '
.; 1:' / r. r:~.rT~~ of the
.+; _:- : lWem&l "L.n.4O'Ve~lent Trost
jI 10'. " I.L', ,\" . "l')'tl-"J - ~
: ;<_ ~ 0 . l'imd of the Bt1Ite:tJfFJorida
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0.0, 0 ,'-Wim s--' -0
BOAJID OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST
FUND OF THE STA TB OF FLORIDA
By:
Terry E. 'lkinson, ef
Bureau of 'urvey and Mapping
Division of State Lands
State of FloIida Department of
Environmental Protection
as agent for and on bebalf of the BoanJ
of1Iustees of the Internal Improvement
Trust Fund of the State ofFtorida
J-1fe~l101bfe EVah5
(Typed Printed Name of Witness)
OJYLy
Witness
{l;tCiilfi::::fWilOeSS)
STATE OF FLORIDA
COUNTY OF LEON
. The foregoing instrument was acknowledged before me this 24 'H day of
'tt0ltaMe,e.a.- , 2004, by Teny E. Wilkinson, Chief, Bureau of Survey and Mapping,
Divisioon of State Lands, Department of Environtnental Protection, as agent for and on behalf of
tho Board of Trustees of the Internal hnprovement Trust FlUld of the State of Florida. He is
personalty known to me or has produced a driver's license as identification.
APPROVED AS TO FORM
LEGALITY
~
Commissioti No. DO ~7 2.. ~ 2. '.3
My Commission E:K.pices:f..\C1'I_ :30) 2:002>
Department of Environmental Protection
3900 Commonwealtb Boulevard
TalJahassee~ Florida 32399-3000
Page 3 of3
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08_43_45_22-20-000-0120
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675 NE 15TH PL
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WHISMAN JACKIE P & JUDITH A
655 NE 15TH PL
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WALL JENNIFER
4432 HICKORY DR
PALM BEACH GARDENS FL 33418 - 3908
08-43-45-22 -00-002 -0080
FEC RY
(RETD TO OaR)
1 MALAGA ST
SAINT AUGUSTINE FL 32084 - 3580
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08-43-45-22-00-002-0030
LORDS PLACE INC
PO BOX 3265
WEST PALM BEACH FL 33402 - 3265
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BUCHANAN JAMES E JR &
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CLARK WILLIAM R JR
729 OCEAN INLET DR
BOYNTON BEACH FL 33435-2849
08-43-45-22-06-000-0060
TOLAN JEAN
711 OCEAN INLET DR
BOYNTON BEACH FL 33435 - 2849
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MCDERMOTT SALLY N &
702 NE 20TH LN
BOYNTON BEACH FL 33435 - 2402
08-43-45-22 -00-002-0020
IRVING WAYNE &
2802 SW 5TH ST
BOYNTON BEACH FL 33435 - 7905
08-43-45-22 -06-000-0630
BATMASIAN JAMES & MARTA I
215 N FEDERAL HWY # 4
BOCA RATON FL 33432_-3994
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BOYNTON BEACH FLORIDA
CONGREGATION
OF JEHOVAHS WITNESSES INC
1500 NE 4TH ST
BOYNTON BEACH FL 33435 - 2746
08-43-45-22-00-002-0010
SCOBEE COMBS FUNERAL HOME P A
1622 NE 4TH ST
BOYNTON BEACH FL 33435-2719
08-43-45-15-23-001-0000
ORRCENCUMBRANCECORP
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SHEEHAN SHERWOOD H III
725 OCEAN INLET DR
BOYNTON BEACH FL 33435 - 2849
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MALAFAIA SILAS L
799 JEFFREY ST
# 307
BOCA RATON FL 33487 - 4139
08-43-45-22-06-000-0020
TERRANOVA DALE ANN &
FLORENCE E TERRANOVA
639 OCEAN INLET DR
BOYNTON BEACH Fl33435-2848
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FERNANDEZ FRANK & JEANNETTE
821 OCEAN INLET DR
BOYNTON BEACH FL 33435-2809
08-43-45-22-20-000-0020
HARTWIG RICHARD F & DONNA M
R F & DONNA M HARTWIG TR HLDRS
620 NE 15TH PL
BOYNTON BEACH FL 33435-2831
08-43-45-22-06-000-0110
L1SIEWSKI LOUISE C &
801 OCEAN INLET DR
BOYNTON BEACH FL 33435 - 2809
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CASE GARY C & PAMELA J
811 OCEAN INLET DR
BOYNTON BEACH FL 33435-2809
08-43-45-22-20-000-0010
HILL THOMAS C
21640 LYNHURSTWAY
BOCA RATON FL 33428
08-43-45-22-06-000-0040
GOODWILL WAYNE E
651 OCEAN INLET DR
BOYNTON BEACH FL 334~~5-2848
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BOYER CHERYL L
735 OCEAN INLET
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