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Potter Townhomes CDPA - 2024.02.16905 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Potter Townhomes (CDPA-2024.02.16905) APPLICANT: Peter Dwyer, B&B Florida Holdings, LLC APPLICANT'S ADDRESS: 109 DIXIE BOULEVARD, DELRAY BEACH, FLORIDA 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2024 APPROVAL SOUGHT: Approve request for a Community Design Appeal (CDPA 2024.02.16905) of Part III, Chapter 4, Article III, Section 3.H. "Downspouts," requiring external downspouts to be enclosed within the building structure. LOCATION OF PROPERTY: 2508 N Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida, on the date of the hearing stated above. The City Commission, having considered the approval 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 approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval 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 request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. 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. yN�ON /3.p..‘,, tOo 7. Other: �l �� ♦ �� eoR AT C•;''• AS A ig0,:c?401 '� now,: DATED: I I i oariv'• GpR 0 . ZjL • • .P City C -rk %%. F�p —"� S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Exhibits\Comm Design Appeal Exhibits\Development Order. '' . DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-007 STAFF REPORT To: Mayor Ty Penserga Members of the City Commission Thru: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director From: Craig Pinder, Senior Planner Date: March 1, 2024 (CC Hearing Date: April 2, 2024) Project: Potter Townhomes — Community Design Appeal (CDPA 2024.02.16905) Request: Approve request for a Community Design Appeal (CDPA 2024.02.16905) of Part III, Chapter 4, Article III, Section 3.H. "Downspouts", requiring external downspouts to be enclosed within the building structure. Property Owner: B&B Florida Holdings, LLC Applicant: Peter Dwyer, Dwyer Construction & Development, Inc. Agent: Bradley Miller, Urban Design Studio, LLC Location: 2508 N Federal Highway Site Details: The applicant has submitted development applications for a New Master Plan, New Major Site Plan, Future Land Use Map Amendment, Rezoning, Variance, and Community Design Appeal to construct 8 townhome units, amenities, and associated site improvements on a 0.587-acre site. NATURE OF REQUEST The applicant is requesting approval of a Community Design Appeal of Chapter 4, Article III, Section 3.H. "downspouts", which requires downspouts to be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the same master development, and from public rights- of-way. BACKGROUND AND ANALYSIS The application submitted for Community Design Appeal is pursuant to the Land Development Potter Townhomes (CDPA 2024.02.16905) Memorandum No PZ 24-007 Page 2 Regulations (LDR) Chapter 4, Article III, Section 6.H. "downspouts", requiring downspouts to be enclosed within the building's structure. Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. As depicted on the building elevations (Exhibit B — Project Plans), exterior downspouts are proposed on the north and south facades of each building, and accordingly, is the subject of this appeal request. The applicant has submitted a Justification Statement (Exhibit "A") dated February 27, 2024 addressing each of the following review criteria for such applications: a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; d) Whether the proposed request is intended to save or preserve existing trees or desired flora; e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The townhouse development is comprised of four (4) buildings including a total of eight (8) dwelling units and private outdoor recreational amenities on a 0.587-acre site. As shown in the attached rendering and architectural elevations (Exhibit B — Project Plans), the downspouts are exposed on the north elevation and will be visible from Potter Road as well as on the south elevation facing the adjacent multi-family residential development (Inlet Harbor Club Condominium). Per the applicant's Justification Statement (Exhibit A), the architect designed the downspouts to be exposed based on prior experiences where enclosed downspouts have leaked and resulted in water damage to the building. Providing the downspouts on the exterior of the building structure will preclude any potential damages from occurring. The strict application of the exterior building design standards, in this instance, would require the downspouts to be enclosed within the building structure where street level activity is anticipated to be minimal along Potter Road. Most properties along Potter Road are developed with single-family homes, which would not generate significant street level activity. In addition, this Community Design Appeal request to allow exposed downspouts will not diminish the architectural aesthetic of the building design along Potter Road. Potter Townhomes (CDPA 2024.02.16905) Memorandum No PZ 24-007 Page 3 In lieu of enclosing the downspouts, the applicant proposes to paint the downspouts the same color as the wall on which they are erected, therefore allowing the downspouts to blend into the building while not detracting from the appearance of the overall project. In addition, the applicant has limited the exposed downspouts to the north and south facades near the center of the building, while the west façade facing Federal Highway and the facades facing the internal drive aisle will not have exposed downspouts. Therefore, the requested relief will have minimal impact on the exterior design of the building. RECOMMENDATION Staff has reviewed this request for Community Design Appeal approval. Based on the analysis contained herein, staff recommends approval contingent upon City Commission approval of concurrent requests for the New Master Plan, New Major Site Plan, Future Land Use Map Amendment, Rezoning, and Variance. Any conditions recommended by the City Commission shall be documented accordingly in the Conditions of Approval (Exhibit "C"). S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Community Design Appeal(CDPA-2024.02.16905)_FINAL.docx Exhibit A - Justification Statement urban POTTER TOWNHOMES qeisagn S 0 PROJECT NARRATIVE Request(s): Community Design Appeal Submitted: February27, 2024 dn Design LLanand Planning Landscape Architecture The property that is the subject of this application is 0.587-acres, located at the southeast corner of N. Federal Highway and Potter Road, approximately 0.14 miles north of E. Gateway Boulevard and is undeveloped (subject site"). On behalf of Dwyer Construction & Development, Inc. ("Applicant"), Urban Design Studio has prepared and hereby respectfully submits this application to request development approval to improve the subject site with an 8- unit (fee simple) townhouse development. The subject site consists of a single parcel of land, as identified by the Palm Beach County Property Appraiser via PCN 08-43-45-15-02-000-1250, with a physical address of 2508 N. Federal Highway. The subject site has a future land use designation of Local Retail Commercial ("LRC") and is located within the C3 commercial zoning district and Urban Commercial District Overlay ("UCDO"). The CRA Recommended FLU designation is High Density Residential (HDR) which allows 15 dwelling units/per acre. As confirmed with City Staff at a Pre-Application meeting on April 18, 2023, to achieve the development proposal, the following application approvals are being requested and have been filed under City Project/Case File Number CPTA, REZN, NMP, NWSP-2023.06.12894: • Future Land Use Map Amendment from Local Retail Commercial ("LRC") to High Density Residential, 15 dwelling units per acre ("HDR-15 du/ac") • Rezoning from C3 to Infill Planned Unit Development ("IPUD") • New Master Plan & New Major Site Plan • Variance for East Landscape Buffer In addition to the above, the Applicant is requesting approval of a (concurrent) Community Design Appeal from City Code Chapter 4, Article III, Sec. 3. H to allow for external downspouts on the north and south ends of each building. In granting relief to any community design standard of Chapter 4, the City Commission must find that the subject appeal meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design will result. Provided herein is the project information and responses to criteria which justify the application for appeal. 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 P. 561-366-1100 wvwv.udsflorida.com LA0001739 Potter Townhomes 12 Justification Statement Community Design Appeal PROJECT INFORMATION Applicant Dwyer Construction & Development, Inc. Owner B&B Florida Holdings, LLC Agent Urban Design Studio, Bradley Miller, AICP / Ailish Villalobos Site Location Southeast corner of N. Federal Hwy and Potter Rd, approx. 0.14 miles north of E. Gateway Blvd PCN's 08-43-45-15-02-000-1250 Existing FLU Local Retail Commercial (LRC) Proposed FLU High Density Residential (HDR — 15 du/ac) Existing Zoning C3 Proposed Zoning Infill Planned Unit Development (IPUD) Existing Use(s) Vacant Commercial Proposed Use(s) 8-unit (fee simple) townhouse development Site Area 0.587-acres (25,591 square feet) SURROUNDING PROPERTY North: Developed commercial property (medical office) designated LRC and zoned C3; and vacant commercial property designated LRC and zoned C3. South: Developed multi-family residential property (Inlet Harbor Condominium) designated Recreation ("R") and Medium Residential, 11 du/ac ("MEDR") and zoned REC and R3. East: Developed secondary driveway that is gated (and does not appear to be in use) for multi-family residential property (Inlet Harbor Condominium) designated LRC and zoned C3. West: Right-of-way for Federal Highway and FEC Railroad, followed by developed multi-family residential property (Crossings of Boynton Beach) designated MEDR, 11 du/ac and zoned Planned Unit Development ("PUD"). PROPOSED DEVELOPMENT DESCRIPTION Potter Townhomes is a proposed 8 unit (fee simple) townhouse development on 0.587-acres bordered to the east and south by a multi-family development known as Inlet Harbor Condominiums (specifically the east side is a secondary driveway that is gated and appears to not be used and the south side is a recreational component); to the north is Potter Road right- of-way followed by developed commercial (medical office) use; and to the west is Federal Highway right-of-way, FEC Railroad right-of-way, followed by a multi-family residential development known as Crossings of Boynton Beach). The subject property is comprised of one parcel and is currently vacant. Potter Townhomes 13 Justification Statement Community Design Appeal The project proposes one point of ingress/egress located on Potter Road. There are 4 buildings with two units in each that are intended to be sold as fee simple units with an internal driveway from Potter Road. Each unit is three stories in height, consists of approximately 2,759 square feet of air-conditioned space, a 2-car garage and covered patio. COMMUNITY DESIGN APPEAL This application requests an appeal of the requirement of City Code Chapter 4, Article III, Sec. 3. H. provided below. Downspouts. External downspouts shall be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the same master development (including drive aisles and parking facilities), and from public rights-of-way. Downspout enclosures shall be incorporated into the design of the building and be complimentary to architecture. For example, downspouts may be enclosed in columns or pilasters if such features are used elsewhere on the building or are consistent with the building's architectural style. The four buildings for this project propose exterior downspouts on the north and south ends of each building as shown in the provided architectural rendering and elevations, prepared by Brenner Architecture Group, LLC. The Architect specifically designed the downspouts to not be enclosed within the building structure based on prior experiences where enclosed downspouts have leaked and cause water damage to the building. Having the downspouts on the outside will avoid that potential damage but can be architecturally treated to blend into the building. Accordingly, this application is requesting an appeal of the code requirement and allow the downspouts to be constructed on the exterior of the building. In granting relief to any community design standard of Chapter 4, the City Commission must find that the subject appeal meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design will result. The following review criteria shall be used to justify an application for appeal: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. Response: this request will not adversely affect the aesthetics of the buildings as seen by the public and therefore the project remains consistent with the Comprehensive Plan. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Response: as shown by the attached architectural rendering, the proposed downspouts will be painted the same color as the wall behind them, therefore they will blend into the building and not detract from the appearance of the overall project. Potter Townhomes a 14 Justification Statement Community Design Appeal c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Response: it is understood that the intent of this code requirement is for downspouts to be hidden from view and not be detrimental to the architecture. Architecture has evolved where in more current contemporary architecture, downspouts are often utilized as design features to enhance the architectural aesthetics of a building while providing the practical function of removing water from the roof. In this case the downspouts are proposed to be painted same as the wall they are applied to, so they blend in with the wall, which is still meeting the purpose of the requirement. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1)shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected. Response: this criterion does not apply to the appealed design requirement. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. Response: the reason for this request is to avoid potential water damage impacts to the building. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Response: the proposed development and this request will improve a vacant property that historically has been used and designated for commercial uses with a beautiful residential development which otherwise is in compliance with code. With the development, it is anticipated that property values in the area will be enhanced. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Response: this request will have no effect on the quality or quantity of light and air available to adjacent properties. h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Response: the proposed development and this request will improve a vacant property that historically has been used for commercial uses but is now designated for mixed use or residential uses along the Federal Highway corridor as recommended by the CRA Recommendation Plan. The new development will assist with economic Potter Townhomes 15 Justification Statement Community Design Appeal development of the vacant parcel and provide housing for residents to utilize and support surrounding businesses. CONCLUSION Based on the responses to the criteria above, we respectfully request the support and approval of this Community Design Appeal application being submitted concurrently with application CPTA, REZN, NMP, NWSP-2023.06.12894 for approval of a Future Land Use Map Amendment, Rezoning, New Master Plan & New Major Site Plan, and Variance for East Landscape Buffer to allow for an 8-unit (fee simple) townhouse development on the subject property. Should you need any additional information, the project managers at UDS are Bradley Miller, AICP (bmiller@udsflorida.com) and Ailish Villalobos (avillalobosudsflorida.com) who can be reached at 561-366-1100. r E , r—, F Jul ,,,, t. , .,. ,. ,',...„:_.) 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M77C6m4.%1s 1M10 Bout ame Merida 314/ PH.561171.5179QTY OF BOYNTON BEACH/PATH BEACH COUNTY,PL ....MmnmNrpaq.wm 1 111. .111 1!1!" 1843 veil % ego. 1Pi E .... ... 4;..........– ————————_r___, 1 -, I 4 / I r+1,-.r7 RRA /Mr*. 1111. .111 C Z R N —_ -- Z S CD C I= v z 0 o ez -T'- i gm - ^, 1 -n ..< i ID C �© e I 4 Z L_ @ 1 ii ROOFPLAN >° 200 ■B R E N N E R ARCHITECTURE ,� s 3-STORY MULTI-FAMILY ro c LAND PLANNING 3 I �� 7 of ■ ARCHITECTURE GROUP LLC INTERIORS DV YFR CONSTRUCTION UI = RESIDENCES-BLDG.C&D tl' W. t 4 i smart M.Bremner.,k�,.R OELRAY BEACCHF 333444, ®POTTER TOWNHOMES -rt )Tell I P A o1 Camevre R.,9mk 110 Bm RYA Flvih ll44) PH 561271.5179 F CEIY OF BOYNI'ON BEACH/PALM BEACH COUNTY,FL rc1561 224 6756 Pu 561 241.62N ....Ya�achpvy.wm r[ EXHIBIT "C" Conditions of Approval Project Name: Potter Townhomes File number: CDPA-2024.02.16905 Reference: 3rd review of plans identified as a New Master Plan and New Major Site Plan submitted on January 16, 2024. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING No Comments CITY COMMISSION No Comments