Venetian Villas DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME · Venetian Villas
APPLICANT'S AGENT: Mr. Michael Hoeflinger with Atlantis Development Group LLC
APPLICANT'S ADDRESS: 51 Southwest 11t' Street Unit 637 Miami, FL 33130
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004
TYPE OF RELIEF SOUGHT: New site plan approval to construct 50 fee-simple townhouse units on a
4.699 acre parcel in the R-3 zoning district
LOCATION OF PROPERTY: South side of Southwest 23r~ Avenue, located east of Congress and
Avenue and west of Southwest 13th Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development 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 headng 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 Applica~nt'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
and conditions of this order.
7. Other
DATED: ~ -~-- 0 ~-~
City Clerk
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EXHIBIT "C"
Conditions of Am}royal
Project name: Venetian Villas
File number: NWSP 03-021
Reference: 2na review plans identified as a New site Plan with an December 2, 2003 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Public Works requests that future owners residing in the building labeled as X
Building "C" (as shown on sheet AS-l) would locate their containers across
the street on the east side ofBuildin~ "C" on trash pickup days.
PUBLIC WORKS - Traffic
Comments:
2. Permits will be required from Palm Beach County for driveways proposed X
onto SOuthwest 23rd Avenue (Golf Road).
3. The proposed shunt tumarounds do not meet minimum City standards (City X
Standard Drawing P-10). The design of the tumarounds can be addressed at
the time of permitting.
4. Improve (with an acceptable surface material) that portion of the Southwest X
13th Street cul-de-sac so that it connects with the project's proposed point of
emergency vehicle ingress / egress, located at the southeast comer of the
subject property (Chapter 6, Article IV, Section 1.A.4.). The site plan (sheet
AS-l) shows that the "connected" portion of Southwest 13th Street would be
approximately 18 feet in width.
ENGINEERING DIVISION
Comments:
5. At the time of permitting, the dimensions of the proposed parallel parking X
spaces would have to comply with Engineering Drawing K-1.
6. At the time of permitting, all comments requiring changes and/or corrections X
to the plans shall be reflected on all appropriate sheets.
7. All engineering construction details shall be in accordance with the applicable X
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.
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DEPARTMENTS INCLUDE REJECT
UTILITIES
Comments:
8. 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 casement 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 rigvhts-of-way.
9. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
drawings, using a minimum width of 12 feet. Wider easement widths may be
required based on depth of sanitary sewer.
10. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project.(CODE, Section 26-12).
11. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m, 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)).
12. 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 30 days of site plan approval,
whichever occurs first. This fee will be determined based upon final meter
size, or expected demand.
13. 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 project, in accordance with the CODE, Section 26-15.
FIRE
Comments:
14. Prior to Fire Department approval of a building permit, new construction X
projects must provide the results of a hydrant flow test indicating a fire fiow
not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or
existing hydrants within the required 200 feet of the facility.
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DEPARTMENTS INCLUDE REJECT
15. The Fire Department will require a Knox or key activated lock at the alternate X
points of emergency access.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
16. 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.
17. At time of permit review, submit signed and sealed working drawings of the
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:
The design professional-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation __ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management construction
development regulations."
19. 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.
20. 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:
· The full name of the project as it appears on the Development Order and
the Commission-approved site plan;
· 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;
· The number of dwelling units in each building;
· The number of bedrooms in each dwelling unit;
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DEPARTMENTS INCLUDE REJECT
· 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).
21. 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 legal description of the land;
· The full name of the project as it appears on the Development Order and
the Commission-approved site plan;
· 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;
· The number of dwelling units in each building;
· The total amount being paid;
(CBBCO, Chapter 1, Article V, Section 3(0).
22. Light poles shall be designed to withstand 140 mph wind loads per 2001 X
FBC, Section 1606.
23. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(1)(a). A X
minimum average light level of one-foot candle shall be provided, with no
more than 10 percent of the spot readings below one-foot candle and none
below one-half foot candle.
PARKS AND RECREATION
Comments:
24. Recreation Facilities Impact Fee: X
· 50 single Family attached Units X $770 ea = $38,500;
· Fee is due at the time of the first applicable buildin[~ permit.
FORESTER/ENVIRONMENTALIST
Comments:
25. The Landscape Architect should review the tabular mitigation for the 408- X
caliper inches of existing trees proposed to be removed and show all 408-
caliper inches of replacement trees as Quercus virginiana, and / or Swetenia
mahogany. These replacement trees should be of the height, canopy spread
and caliper to visually buffer the proposed structures between the top of beam
and top of ridge building heights. These replacement trees should be located
along the South and East property areas and shown by a separate symbol on
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DEPARTMENTS INCLUDE REJECT
the landscape plan. The replacement trees should be placed along the outside
perimeter of the buildings to visually screen the structures from the
surrounding residential neighborhoods.
26. The Tree & Palm Planting Detail should include a line on the drawing X
indicating where the:
· diameter at breast height (4.5 feet off ground) of the trees are to be
measured for a minimum of three (3) inches caliper at time of planting;
· overall height of the tree or palm is to be measured at time of planting;
· clear trunk, clear wood, gray wood or trunk is to be measured at time of
planting.
27. The applicant should show an elevation cross-section detail indicating how X
the height of the proposed landscape material will visually buffer the
proposed driveway areas from the Golf Road and S.W. 13t~ Street rights-of-
way.
PLANNING AND ZONING
Comments:
28. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
permit. It would be preferable to have this approval prior to the Planning &
Development Board meeting (December 18, 2003).
29. The site plan should indicate the FLU and the Official zoning districts for the X
abutting properties.
30. Place a note on the site plan: No provisions for outdoor patios, interior X
fencing, screen enclosures, or solid-roof enclosures. Any future request
would require a major site plan. This note will help to avoid confusion in the
future when project is built out.
31. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration.
32. An extra row of colorful low-growing groundcover would be required within X
the north and east landscape buffers (on the street side of the Cocoplum
hedges) in order to comply with Chapter 7.5, Article II, Section 5.D of the
Land Development Regulations.
33. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Building height shall not exceed two (2)
stories. The plans comply and therefore, staff has no recommendation. Plans
must remain consistent with agreement or amend agreement as necessary.
The site plan (sheet AS-l) must be corrected to indicate that two (2) stories
and 26 feet - five (5) inches are proposed rather than three (3) stories / 29
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DEPARTMENTS INCLUDE REJECT
feet.
34. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Roof pitch not steeper than 4:12. The
plans comply and therefore, staff has no recommendation. Plans must remain
consistent with agreement or amend agreement as necessary.
35. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: All dumpsters to be located away from
adjacent residential areas, and at least one hundred feet from the south
property line of the Alhambra Square South and Alhambra Square ACLF
Parcels. The plans comply since no dumpster enclosure is proposed and
therefore, staff has no recommendation. Plans must remain consistent with
agreement or amend agreement as necessary.
36. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Use of the property shall be limited to an
Adult Congregate Living Facility. The proposed use violates this stipulation.
Staff recommends amending the Agreement so that there is no violation. The
Agreement must be amended to allow the proposed unit (townhouse) types.
If not amended, the plans must be modified to comply with the stipulation.
37. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: A combination of landscaping and wall
(the "Wall") shall be constructed on the south property line of the Alhambra
Square South and Alhambra Square ACLF parcels. The plan and design of
the Wall shall be coordinated with and approved by the governing
Associations of the adjacent residential property. Approval of the Wall shall
not be unreasonably withheld by the governing associations, the Wall shall be
constructed at no cost or expense to the goveming associations. The lack of
the wall along the south property line violates this stipulation. Staff
recommends a combination of wall / landscaping similar to the Homewood
Residence to be placed along the southern property line of the subject
property. This would require amending the Agreement.
38. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Parking lot lighting shall be shaded and
shielded so as to not shine directly into adjacent residential areas; parking lot
lighting shall not be illuminated after 11:00 p.m.; parking lot lighting poles
shall be at the minimum height permitted or allowable by BOYNTON
BEACH. A note on the plans indicates that the lights would comply with
Chapter 23, Article II.A. 1 of the Land Development Regulations, meaning
that they will remain illuminated until 2:00 a.m. Therefore, the plans are in
violation of this stipulation. Staff recommends amending the Agreement so
that there is no violation, however, if restrictions are placed on project
lighting, the lighting should not be below the typical lighting levels of public
streets.
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DEPARTMENTS INCLUDE REJECT
39. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: At such time as building plans are
presented to BOYNTON BEACH for permit, copies of the Wall plan and site
plan shall be submitted to the governing associations. Staff has no opinion on
this requirement.
40. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: No parking spaces or improvements
except landscaping shall be constructed or installed in the Lake Worth
Drainage District "right-of-way" south of the Alhambra Square South and
Alhambra Square ACLF parcels. The plans comply and therefore, staff has
no recommendation.
41. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Deceleration entry lanes shall be
provided at each entrance if deemed necessary by BOYNTON BEACH. The
plans comply and therefore, staff has no recommendation.
42. Due to the limited amount of dedicated recreation / open space, staff X
recommends incorporating a meandering trail into the design of the southern
landscape buffer.
43. Staff recommends varying the heights of the proposed Live Oak and Sweet X
Mahogany trees proposed within the east landscape buffer (between 12 feet
and 16 feet).
44. If possible, City staff respectfully requests the applicant petition the LWDD X
to dredge the right-of-way adjacent to the subject property, to the minimal
extent possible (to the satisfaction of the District) so as to not impact the flora
and fauna that may be found in the LWDD ri~,ht-of-way.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
45. To allow the applicant and staff to work together (prior to the City X
Commission meeting) to re-examine conditions/t24 and #25 for completeness
and accuracy. If the conditions are in fact correct as it relates to the proposed
site plan, the applicant agrees to the conditions.
46. Regarding condition of approval #37: In lieu of a buffer wall, the developer X
will provide adequate landscaping (shrubs) along the southern property line
adjacent to the LWDD canal, in order to provide screening and security. The
omission of a buffer wall would require amending the Stipulation and
Settlement Agreement.
ADDITIONAL CITY COMMISSION COMMENTS:
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DEPARTMENTS INCLUDE REJECT
Comments:
47. Replace condition g46 with requirement that the proposed wall at the X
southern border be 6 feet in height or consistent with the amended
settlement agreement.
48. Replace condition #38 with requirement that lighting fixtures be reduced in X
height (where visible from 13th Street or consistent with the amended
settlement agreement.
49. Approval is subject to final approval by neighborhood associations and the X
courts.
MWP./e
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