Heritage Club NWSP
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
AGENT:
PROJECT NAME:
Heritage Club
Mr. Michael Weiner, Esquire / Weiner & Aronson, P.A.
AGENTS ADDRESS:
102 North Swinton Avenue Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August2,2005
TYPE OF RELIEF SOUGHT: Request New Site Plan approval in order to construct 70 townhouse units, a
four (4)-story mixed-use building consisting of 84 dwelling units, 3,500 square
feet of restaurant, 4,100 square feet of retail, and 5,164 square feet of office.
The site plan also includes another four (4) -story mixed-use building consisting
of 12 dwelling units, 5,394 square feet of retail, and 1,380 square feet of office,
all of which, are proposed on an 8,302-acre parcel zoned PUD Planned Unit
Development.
LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and Gulfstream
Boulevard
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:
DATED:
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 Applical}t'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
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EXHIBIT "C"
Conditions of Approval
Project name: Heritage Club @ Boynton Beach
File number: NWSP 05-014
Reference: 3rd review plans identified as a New Site Plan with a June 14. 2005 Planning and Zoning
Deoartment date stamo marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. The applicant has indicated that compactors will be used for the mixed-use X
buildings and will be brought out to central areas adjacent to the buildings for
pickup. Please indicate the number and size of these containers so we can
evaluate the required pad sizes and our ability to perform the pickup
operation.
PUBLIC WORKS - Traffic
Comments:
2. Additional right-of-way shall be dedicated to the City, via plat, to provide a X
50-ft. right-of-way width. Reconstruct Old Dixie Highway and Gulfstream
Boulevard to provide two II-foot wide lanes, curb & gutter, sidewalk,
appropriate green space with landscaping, and necessary signing / striping.
Complete construction plans will be required in conjunction with the plat and
will be reviewed and approved prior to issuance of the Land Development
Permit (LDP), Construction of the required improvements shall be completed
prior to issuance of the final COs for the project as required by the
Amendments to the Building Code. A surety shall be provided for the
required off-site improvements in the amount of 110% of the engineer's
estimate for the off-site work prior to issuance of the LDP.
The applicant shall also provide design plans for reconstruction of the
FECRR / Gulfstream Boulevard crossing, including roadway re-alignment,
curb & gutter, concrete median dividers, striping, and signals. The applicant
shall provide an engineer's estimate for the railroad crossing. The City will
consider sharing the cost of construction of the FECRR crossing, The extent
of cost share is subject to allocation of funds in the City budget for fiscal year
2006/2007.
3. At the time of permitting, delineate and stripe 12-foot x 35 foot loading zones X
for the retail buildings; include a pavement message in yellow indicating "No
Parking - Loading Zone".
ENGINEERING DIVISION
Comments:
4. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
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DEPARTMENTS INCLUDE REJECT
permitting.
5. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (Chapter 23,
Article II, Section A.1.B.). Further evaluation will occur at the time of
permitting.
6. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this proiect (CODE, Section 26-12).
8. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or exoected demand.
10. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
11. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this oroiect, in accordance with the CODE, Section 26-15.
12. Show all off-site improvements to the existing water and sewer infrastructure X
as follows:
a. The on-site lift station must be upgraded or replaced so as to
accommodate the added demand and the constraints imposed by site
changes. Existing gravity and pressure flows to the station must be
accommodated in the design.
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DEPARTMENTS INCLUDE REJECT
b. The water system must be connected to the existing 8-in. water main
located on the east side of Federal Highway. In addition, an 8-in. water
main connection must be established from the l2-in. water main located
on the west side of Seacrest Boulevard, to the existing 8-in. line that
terminates on SE 34th Ave. in the vicinity of SE 3rd Court; or an alternate
route may be considered to establish an 8-in. water main connection to
the l2-in. main on Seacrest Boulevard. The intent of the design is to
establish an 8-in. loop from Federal Highway to Seacrest Blvd., thereby
assuring adequate fire protection and domestic supply.
13. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
14. All hydrants shall be in service before any vertical construction. Hydrant X
flow is a minimum 1500 gpm em 20psi.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
15. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC.
16. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
17. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
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DEPARTMENTS INCLUDE REJECT
18, Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the building design.
19. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
20. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
21. On the site plan and floor plan, indicate the number of stories that are in each X
building including, where applicable, mezzanines. Indicate the overall height
of each building.
22, Add to each building that is depicted on the site plan drawing a labeled X
symbol that identifies the location of the proposed handicap accessible units.
Add to the drawing the calculations that were used to identify the minimum
number of required units, Also, state the code section that is applicable to the
computations. Show and label the same units on the applicable floor plan
drawings. Compliance with regulations specified in the Fair Housing Act is
required (Federal Fair Housing Act Design and Construction Requirements,
Title 24 CFR, Part 100.205).
23, At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwelling unit shall comply.
24. Add to the drawing the calculations that were used to identify the minimum X
number of required handicap accessible parking spaces.
25. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
accessible units and the recreational amenities that are provided for the
project and other common area elements located at the site. The symbol shall
represent the location of the path of travel, not the location of the detectable
warning or other pavement markings required to be installed along the path.
The location of the accessible path shall not compel the user to travel in a
drive/lane area that is located behind parking vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum width required by the
Code is 44 inches). Add text that would indicate that the symbol represents
the accessible route and the route is designed in compliance with regulations
specified in the Fair Housing Act. Please note that at time of permit review,
the applicant shall provide detailed documentation on the plans that will
verify that the accessible route is in compliance with the regulations specified
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DEPARTMENTS
in the 2001 FBC. This documentation shall include, but not be limited to,
providing finish grade elevations along the path of travel.
INCLUDE REJECT
26, As required by the CBBCO, Part III titled "Land Development Regulations", X
submit a site plan that clearly depicts the setback dimensions from each
property line to the leading edge of the buildings. The leading edge of the
buildings begins at the closest point of the overhang or canopy to the property
line. In addition, show the distance between all the buildings on all sides.
27. To properly determine the impact fees that will be assessed for the X
clubhouse/recreation building, provide the following:
a. Will the clubhouse/recreation building be restricted to the residents of
the entire project only?
b. Will the residents have to cross any major roads or thoroughfares to get to
the clubhouse/recreation building?
c. Will there be any additional deliveries to the site?
d. Will there be any additional employees to maintain and provide service to
the site?
Please have the applicant provide the City with a copy of the letter that will be
sent to the impact fee coordinator. To allow for an efficient permit review, the
applicant should request that the County send the City a copy of their
determination of what impact fees are required for the clubhouse/recreation
building.
28. Add to the floor plan drawing of the clubhouse/recreation building a X
breakdown of the floor area. The area breakdown shall specify the total area
of the building, covered area outside, covered area at the entrances, total floor
area dedicated for the clubhouse/recreation building and other uses located
within the building. Specify the total floor area that is air-conditioned. Label
the use of all rooms and floor spaces.
29. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
30. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
31. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application.
a. The full name of the project as it appears on the Development
Order and the
Commission-approved site plan.
a. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same as
noted on the Commission-approved site plans.
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DEPARTMENTS INCLUDE REJECT
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. The total amount paid and itemized into how much is for water
and how much is for sewer,
(CBBCO, Chapter 26, Article II, Sections 26-34)
At time of permit review, submit separate surveys of each lot, parcel or tract. For
purposes of setting up property and ownership in the City computer, provide a
copy of the recorded deed for each lot, parcel or tract. The recorded deed shall
be submitted at time of permit review.
32. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same as
noted on the Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
33. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
34. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
35. Sheet SP-l - Indicate the number of handicapped parking spaces for the retail X
area and the residences and the total number of handicapped spaces provided.
36. Submit a floor plan for the retail, amenity, office, live/work, office/retail X
areas.
37. The elevator shall comply with the 2001 FBC, Section 11-4.10.1. X
38. Submit square foota,ge of parking gara,ges. X
39. According to 2001 FBC, Section 11-4.1.2, "if parking spaces are provided for X
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DEPARTMENTS INCLUDE REJECT
self-parking by employees or visitors, or both, then accessible spaces
complying with 2001 FBC, Section 11-4.6 shall be provided in each such
parking area. Show accessible spaces in all areas. Comply with the 2001
FBC. (Include parallel parking.).
40, The distance of all exterior walls to adjacent buildings/property line lli an area X
of concern. The allowances set forth in the 2001 FBC, Table 600 are for the
percentage of wall openings permitted. This is a life-safety issue. Submit
calculations showing the percentage of wall and wall openings for this
proiect, and clearly show the distances between the buildings.
41. All the single-story dwelling units located in the multi-family building are X
"covered dwelling units" under the Florida Fair Housing Act, and thus must
comply. Indicate on the plan which design option (A or B) is being used for
this proiect and show the reauired clear floor space for the fixtures.
42. Sheet SP-l - Clarify the type of construction for building #1 under the X
Building Tabulation Table. There is no Type I protected construction in 2001
FBC, Chapter 6.
43. Sheet SP-l notes the parking garages occupancy as "open". This is not a X
correct occupancy type. To be considered "open", the structure shall comply
with all the requirements of the 2001 FBC, Section 411.3.2, 411.3.3, and
411.3.4. As designed, the garage cannot be considered "open". Indicate the
correct occupancy per 2001 FBC, Chapter 3.
44. Clearly show all the setback dimensions from each building to each property X
line. In addition, show the distance between each building on all four sides.
All setback dimensions and distances between buildings are not shown on
SP-1.
45. Clarify the number of surface parking spaces dedicated for building #1 and X
building #2. A handicap accessible parking space is required in each parking
area per the 2001 FBC, Section 11-4.1.2(5)(a). Also, indicate on the plans if
the parking garages are strictly for the use of the residents or for both the
retail/restaurant/office areas and the residents.
46. Provide the occupancy classification and construction type for the clubhouse. X
Comply with 200 I FBC, Chapters 3 and 6.
47. Sheet ALl - The balcony at the clubhouse shall be provided with vertical X
accessibility. This is considered a "common area" and shall comply with the
200 I FBC, Section 11-4.1.3.
48. Submit a tabulation table that clearly reflects each building, number of units X
in each building, the type of units (model type), number of stories in each
building, and square footage per floor.
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DEPARTMENTS INCLUDE REJECT
49. Sheet A-25 indicates a floor plan for a "new townhouse". Submit additional X
information on this unit:
A Model type or model number (identify units).
B Which buildings will contain this structure?
50. Sheet A-6 - Indicate the number of parking spaces on each level of the X
garage.
51. Sheet A -12 - The square footage for units "C" and "D 1" does not correlate X
with the square footage listed on Sheet SP-1. Also, identify unit "D" as "D 1 "
on SP-1.
52. On sheets A26-A32, your calculations for the percentage of openings are X
incorrect. The percentage of openings is based upon Table 600 of the 2001
FBC and the distance separation of buildings from property lines or assumed
property lines (in the case of multiple buildings on the same lot). Refer to
2001 FBC, Chapter 2 for the term "Property line, assumed", and submit
correct calculations for the percentalZe of ooenings.
PARKS AND RECREATION
Comments:
53. Impact Fee: X
70 single family attached units @ $771.00 each = $57,054
96 multi family units @ $656 each = $60,352
TOTAL $ 117,406
Impact fee is due prior to the issuance of the first applicable permit.
FORESTER/ENVIRONMENT ALIST
Comments:
54. The Landscape Architect should tabulate the total number of existing trees on X
the site. The plan should indicate where the relocated trees are to be installed
throughout the site. The total diameter inches of trees removed should be
shown as replacement trees on the site landscape plan. These replacement
trees should be shown by a separate symbol on the landscape plan sheet L-5
(Chaoter 7.5, Article I Sec. 7.D.p. 2.).
PLANNING AND ZONING
Comments:
55. Approval of this site plan is contingent upon approval of the accompanying X
request for land use amendment / rezoning (LUAR 05-005).
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DEPARTMENTS
INCLUDE REJECT
56. Approval of this site plan is subject to the approval of the proposed code X
amendment (CDRV 05-011) to allow commercial uses in the PUD Planned
Unit Development zoning district but with the caveat that they front on
exterior or perimeter streets, when such locations are consistent with adopted
redevelopment policies and plans.
57. Based on the Traffic Division's review, it has been determined that the X
residential portion of the proposed mixed-use redevelopment project is
located within the Coastal Residential Exception Areas of Palm Beach
County, while the retail and office components generate less daily and peak
hour trips than the existing retail space which is to be demolished. The
project meets the Traffic Performance Standards of Palm Beach County but
contingent upon the provision of a southbound exclusive right-turn lane onto
the project access driveway on North Federal Highway. No building permits
are to be issued after the build-out date of 2008.
58. Approval of this site plan is subject to the accompanying request for height X
exception (HTEX 05-004).
59. Parking spaces required in this ordinance for one use or structure may be X
allocated in part or in whole for the required parking spaces of another use or
structure if quantitative evidence is provided showing that parking demand
for the different uses or structures would occur on different days of the week
or at different hours. Quantitative evidence shall include estimates for peak
hour / peak season demand based on statistical data furnished by the Urban
Land Institute or an equivalent traffic engineering or land planning and design
organization (Chapter 2, Section l1.H.13.).
60. At the time of permitting, all elevation pages shall indicate the exterior X
finishes, roof material, paint manufacturer's name, and color codes. Staff
recommends using a color schedule (Chapter 4, Section 7.D.). Also, provide
color swatches and awning samples.
61. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade
trees, Palm trees, Shrubs & Groundcover.
62. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.). This applies to Tree Ligustrum.
63. Staff recommends that a master sign program be provided that shows the X
number, location, dimensions, exterior finish, and color(s) of all signs
(Chapter 2, Section 5.H.9.). The sign program would address all types of
SIgnS, including commercial wall SIgnS, identification SIgnS, residential
subdivision signs, freestanding monument signs, canopy signs, way-finding
signs, directional signs, and all other signs as regulated by Chapter 21 of the
Land Development Regulations.
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DEPARTMENTS INCLUDE REJECT
64. At the time of permitting, the detail of the typical outdoor freestanding X
lighting fixture must include the proposed color. The applicant informed staff
that the color will be black.
68. All plant material proposed outside the property line must be excluded from X
the plant list III terms of meeting the minimum required landscape
requirement. Revise plant list at the time of permitting.
69. The common areas shall be maintained by an established association. Provide X
documents to confirm same.
70, Staff recommends substituting the Pigeon Plum trees with Florida Royal palm X
trees at the main entrance drive, where the angled street parking spaces. The
heights of these trees shall not conflict with the freestanding outdoor lighting
poles.
71. Staff originally recommended that the site plan provide a full-size clubhouse / X
recreation building within the townhouse portion of the development, in part,
to accommodate homeowner association meetings. However, the developer
informed staff that the meeting rooms (proposed within Building 1) could
accommodate the townhouse owner association meetings and that the
townhouse owners would be authorized to use the meeting rooms once per
month for their association meetings. This is acceptable to staff and
therefore, the condominium documents should reflect this intention.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
72. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
73. To be determined. ~
MWRJelj
S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\NWSP 05-014\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
New Site Plan
2.
Project:
Heritage Club at Boynton Beach (NWSP OS-
014)
Michael Weiner, Esquire, Weiner & Aronson, P .A.
Thirty Six Hundred Holdings, LLC
3629 South Federal Highway
Request New Site Plan approval in order to
construct 70 townhouse units, a four (4)-story
mixed-use building consisting of 84 dwelling units,
3,500 square feet of restaurant, 4,100 square feet
of retail, and 5,164 square feet of office. The site
plan also includes a three (3)-story mixed-use
building consisting of 12 dwelling units, 5,394
square feet of retail, and 1,380 square feet of
office, all of which are proposed on an 8.302-acre
parcel zoned Planned Unit Development (PUD)
Agent:
Owner:
Location:
Description:
Height Exception
3.
Project:
Heritage Club at Boynton Beach (HTEX 05-
004)
Jason S. Mankoff, Weiner & Aronson, P.A.
Thirty-Six Hundred Holdings, LLC
Northwest corner of the intersection of Federal
Highway and Gulfstream Boulevard
Request for a height exception of 10 feet pursuant
to the City's Land Development Regulations,
Chapter 2, Zoning, Section 4.F.2, to allow the
decorative towers to be 55 feet in height, a
distance of 10 feet above the 45-foot maximum
height allowed in the (PUD) Planned Unit
Development zoning district.
Agent:
Owner:
Location:
Description:
All three Heritage Club items were heard simultaneously, since they were integral to the rezoning
request.
Dick Hudson, Senior Planner, reported that the subject property was currently classified as Local
Retail Commercial and zoned Community Commercial. The request is to change the Future Land
Use Map to Special High Density Residential and rezone to Planned Unit Development for the
purpose of building a Mixed Use project containing slightly less than 20K sq. ft. of commercial space,
which includes office, retail, and restaurant space. There are 160 multi-family residential units. Staff
recommends approval for the following reasons:
o The proposed land use amendment and rezoning are consistent with the applicable
Comprehensive Plan policies and also meet the review criteria required for the Land
Development Regulations.
o The project will replace an antiquated and declining strip commercial center with a
mixed-use project that will be an aesthetic and physical improvement at the City's
southern gateway.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
o The project supports the "Eastward Ho" Initiative, which emphasizes redevelopment
of the coastal area where infrastructure is already in place as opposed to
encouraging development patterns in the suburban areas to the west.
o The project proposes a sizeable number of residential units in a variety of sizes and
styles, with a commercial portion designed to provide a year-round customer and
employment base, which supports the revitalization of the downtown.
Eric Johnson, Planner, displayed a map that showed the townhouse buildings on the west side and
two mixed-use buildings along Federal Highway. The property in the southeast corner was not part
of the project. The office square footage is 6,544 sq. ft. The retail square footage is 9,494 sq. ft.
Restaurant area is 3,500 sq. ft. There would be 70 townhouse units and 96 multi-family units.
The project meets the Traffic Performance Standards of Palm Beach County, contingent upon the
dedication of a right-turn lane into the development from North Federal Highway. Staff reviewed the
project for concurrency with respect to potable water, sanitary sewer, Police/Fire, drainage, and
school and all conditions were met. There are three points of ingress and egress, two on Federal
Highway and a third on Gulfstream Boulevard.
Mr. DeMarco asked Mr. Johnson if the entrances to the property were one-way or two-way, and Mr.
Johnson explained the configuration of the different ingresses and egresses.
Ms. Horenburger asked how people coming from the west on Gulfstream Boulevard would access
the property. The response was that they would have to go north on Federal Highway and make a
U-turn. She asked if there were a plan for a U-turn lane and the response was affirmative. There is
no ingress from Gulfstream Boulevard,
Chair Heavilin inquired about which parking garage the residents would use. Mr. Johnson said that
any shared parking would occur in Building 2. Staff had reviewed the shared parking aspect of the
project and technically, it met the requirements with parking spaces to spare. However, the
applicant had to make the owners aware that they would only have one parking spot. Parking
spaces cannot be designated for just one use in a shared parking scenario. Ms. Horenburger
believed that no parking spot would be designated for the residents and requested clarification.
Mr. Johnson elaborated, saying shared parking occurred in Buildings 1 and 2, but the restaurant
users would only have access to the parking garage in Building 2. Persons living in Building 1 would
have access to a space in the parking garage in Building 1. People in Building 2 would also have
access to a space in Building 2, except that during peak times, there would probably not be any
guest type spaces.
Vice Chair Tillman inquired whether there would be a bottleneck at the turnaround at the end of the
main drive aisle. Mr. Johnson responded that the City's Engineering Department had reviewed it for
turning movements and radii and found no problem.
Mr. Johnson stated that the applicant had been made aware of the shared parking restrictions and
he thought the applicant would be willing to put this in the Homeowners Association documents. Ms.
Horenburger wanted to make awareness of the parking restriction by the residents a condition of
approval.
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Jason Mankoff affirmed that they were going to designate twelve of the parking spaces in Building
2 for the twelve units in that Building. Also, they would have documentation in the contract advising
buyers that they would only be guaranteed one space.
Mr. Johnson reviewed the Height Exception. The buildings comply with Code, but there are some
decorative elements that exceed the forty-five foot height maximum height in a PUD. However, the
features of the building that exceed the height limits are interesting and make the whole project
"work. "
Staff felt that the proposed project was good for the City and recommended approval of the Height
Exception and Site Plan.
Chair Heavilin invited the CRA Planner to add her comments at this time. She thought this should
become a regular feature in future hearings.
Vivian Brooks, CRA Planner, had participated in the Technical Review Committee. In spite of having
to work around the use on the southeast corner, the applicant had hidden the garages and actively
addressed Old Dixie Highway, Gulfstream Boulevard, and Federal Highway. All the townhouses
connect with walkways to the sidewalks. They were going to create a community that would,
hopefully, set the trend for the rest of Old Dixie Highway and the other projects that will occur in
that area. She thought the project was interesting architecturally, with no long, unbroken expanses.
They had done a good job and she recommended approval of the project.
Mr. Fenton asked Ms. Brooks to comment on the architectural value of the features that called for
the Height Exception. Ms. Brooks said the features added value to the project to a focal gateway
project in the south. To have something that stands out architecturally was what the City had been
looking for on its gateways. The applicants for the project on Woolbright Road and Federal Highway
were asked to bring that project up in height. She personally liked it.
Mr. DeMarco inquired whether the project would have security and protection from surrounding
uses, particularly the one to the southeast. Ms. Brooks responded that the community was
protected visually and physically since an actual physical structure, Building 2, separated them.
Jason Mankoff of Weiner &. Aronson, P.A., 209 N. Seacrest Boulevard, Boynton Beach,
spoke as agent for the project. Robert Mathias, David Biggs, and J. P. DiMisa, principals with the
developer, New Century Companies, were present along with Jim Knight, principal of Thirty-six
Holdings, the current owner of the property and Stuart Debowsky and Jose Samuel with MSA
Architects. Jeffrey Schnars, President of Schnars Engineering, and Hugh Johnson, landscape
architect with Architects Alliance, were in attendance as well. Mr. Mankoff distributed a booklet
summary of the project to the board members and showed visual renderings of the Site Plan to the
board and to the audience. Mr. Mankoff stated that this project was very similar to a successful
project they had completed in Delray Beach.
Stuart Debowsky, project manager of MSA Architects, said they were proud to present this
project to the City. This is a mixed-use project that has 96 condominium units, 84 of which are in
Building 1. The residents in Building 1 have exclusive use of the parking spaces and Building 2 only
has 12 residential units. There are three-story townhouses with 70 units to the west.
They had tried to put together a project resembling a village. The east-west road was meant to
simulate a "main street" concept, with angled parking and a large pedestrian arcade. The applicant
is planning a cafe concept for the corner of Building 1 in support of a theme of street activity, both
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
day and night. They were considering townhouse models with two "fronts," so they would not have
to present their "back" to Old Dixie Highway. They hoped that all the elements they were putting
together would be reminiscent of a village that had come together over a period of years.
Ms. Horenburger asked what they had done to screen the uses to the north of the project. She had
been told there would be a parking garage between the residential and that area and it appears the
residences would be facing it.
Stuart Debowsky said that it was a tough site on all sides: cars on Federal Highway, the train on Old
Dixie Highway, the use to the southeast, and the storage facility on the north. They had created an
access/service road as an adequate buffer. The first unit occurs thirty to forty feet from the edge of
that. Special care had been taken to screen the property on all sides with landscaping, but
especially on the northern boundary. They felt the actual living spaces were set well apart from the
northern border.
Mr. DeMarco asked why they had chosen the name Heritage Club. Mr. Mankoff responded that
there were other Heritage Clubs in Delray Beach and it was like a brand name. In regard to the
property to the south, if they were able to acquire it, they could possibly have a Phase II. Mr.
DeMarco then asked about the price ranges of the units.
Robert Mathias, New Century Companies, said the condo building would have one, two, and
three bedrooms and they would be between $200-400K and the townhouse units would be between
$400-S00K.
Mr. Fenton questioned what kind of noise buffering the developer had in mind for the units next to
the railroad tracks. Mr. Mathias responded they were going to use landscaping and building
materials that would provide an amazing amount of sound insulation. They had developed two
projects close to railroad tracks and they had not had any issues.
Jose Samuels, MSA Architects, commented that the taller features helped to create visual appeal
for the project. Most main streets did not have long buildings with flat tops, but ones of varying
heights.
Marie Horenburger asked staff whether additional density or height would be involved if the
developer were able to obtain the parcel on the southeast corner. She thought this might occur
since the property owner to the southeast was asking an exorbitant amount of money, additional
incentives might be involved.
Mike Rumpf, Planning & Zoning Director, stated that this project had come in under the current land
use and zoning scheme - it solved the problems. To go outside that, because the developer was at
those thresholds, would exceed what the system allows and would be inconsistent with the Corridor
Plan. Prior proposals were well above the current thresholds. Ms. Horenburger thought it would be
nice to have a more cohesive site as the entrance to the City.
Mr. Mankoff stated the applicant agreed to all 71 conditions of approval. He praised staff for their
assistance and cooperation in the planning of this important, gateway project. The applicant added
two conditions based on the discussions at this meeting: 1) designate twelve spaces for the
condominium owners, and 2) provide notice in the condo documents or in the contract at the time of
signing that each of the individual owners would only be guaranteed one space. They believed that
the height was important for the project and that they had met all the requirements for such a
request.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
Chair Heavilin opened the floor to the public, and closed it when no one wished to speak.
Mr. Fenton took issue with the passive voice in some of the Conditions of Approval, pointing out item
1 that asks: "Please indicate number and size of containers." He felt that a more declaratory or
dictatorial tone was in order. Mr. Johnson responded that staff was confident that all the conditions
would be met and if not, permits would not be issued. Staff felt that it had protected the City with
the Conditions of Approval. A large number of the conditions had already been satisfied.
Mr. DeMarco confirmed with the agent that the applicants were in agreement with all 71 Conditions
of Approval and were adding two more. He expressed appreciation for what the developers had
done for that corner of the City.
Mr. Johnson declared that staff agreed with the two new conditions of approval suggested by the
applicant.
Motion
Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial to Special High Density Residential (LUAR 05-005). Vice Chair Tillman seconded the
motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the request to rezone from C-3 Community Commercial to PUD
Planned Unit Development (LUAR 05-005). Vice Chair Tillman seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Site Plan approval for the Heritage Club at Boynton Beach
(NWSP 05-014) subject to all 73 Conditions of Approval. Mr. Fenton seconded the motion.
Chair Heavilin commented that the applicant had raised the bar for development in Boynton Beach.
She thought it was the best project the board had seen. Mr. Mankoff commended City staff for its
efforts.
The motion passed 5-0.
Motion
Mr. Fenton moved to approve the request for height exception of 10 feet for Heritage Club of
Boynton Beach (HTEX 05-004). Vice Chair Tillman seconded the motion that passed 5-0.
C. New Site Plan
Neelam (fka Schnars) Business Center
(NWSP 05-022)
J. Ernest Brady, Stephen James Inc.
Anand D. Patel (Contract Purchaser)
924 N. Federal Highway
Request for Site Plan approval for a three (3) story,
8,754 square foot office/retail building in a Mixed
Use Low (MU-L) zoning district.
Ed Breese, Principal Planner, stated that this property had changed hands and the site plan approval
expired. The new owner would like to build the same building as previously approved.
1.
Project:
Agent:
Owner:
Location:
Description:
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