Westbrooke @ BoyntonDEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
Westbrooke @ Boynton
Mr. Jamie A. Gentile - Calvin, Giordano & Associates
560 Village Boulevard, Suite 340 West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Mamh 16, 2004
TYPE OF RELIEF SOUGHT: Request major site plan modification to construct 300 townhouses on
32.16 acres in the Planned Unit Development (PUD) zoning district.
LOCATION OF PROPERTY: East side of Congress Avenue, just north of the LWDD Canal L-30
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:
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 Apl~ljF-.,ant
/~ HAS
-~ HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The App, li~cant'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.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:~
S:\Planning\SHARED\WP\PROJE(
LOCATION MAP
Attachment "A"
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CGA PROJECT No.:. 03-461S
EXHIBIT "B".
t7 UNIT BUILDING
CONGRESS TOWNHOMES
crrY OF BO'YNTON BEACH, FLORIDA
BY: WES3'~ROi3~E COUId~UNITiES. INC.
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BY: WESTBROOKE COMMUNITIES, INC.
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7 UNIT BUILDING
CONGRESS TOWNHOMES
CITY OF BOYNTON BEACH, FLORIDA
BY: WESTBROOKE COMMUNITIES, I1~.
EXHIBIT "B"
t7 UNIT BUILDING
COI~RESS "ro~flHOMES
CITY OF BOYI~0N BEACR, FLORIDA
BY: WES~RO01~ COMMUNe,S, INC.
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EXHIBIT "B"
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EXHIBIT "C"
Conditions of Aoproval
Project name: Westbrooke ~ Boynton
File number: MSPM 03-013
Reference: 2na review plans identified as a with a major site plan modification with a February 11, 2004
Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Provide a dumpster enclosure per the LDR, Chapter 2, Section 11.J.2.b. X
2. The minimum dumpster pad shall measure 10 feet x 10 feet. An inside X
dimension of 10 feet is required at the gates to allow access for Solid Waste
pickup (Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.).
3. Explain how recycling pickup will be accomplished. X
4. Adjust landscaping adjacent to dumpster enclosures to eliminate vertical X
conflicts between the proposed Live Oaks and Solid Waste pickup.
PUBLIC WORKS - Traffic
Comments:
5. Show all proposed off-site improvements including: X
Provide additional signal heads and modify the existing signals as necessary
for traffic utilizing the proposed development entrance onto Congress
Avenue. Construction of the traffic signal will be required prior to full build-
out of the project;
Provide complete details for construction for a southbound left-mm lane.
6. Permits will be required from Palm Beach County for work performed within X
the Congress Avenue right-of-way and shall be required prior to issuance of
any buildin~ permits issued by the City of Boynton Beach.
ENGINEERING DIVISION
Comments:
7. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
8. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
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and at permit review.
9. Show all existing utilities on Site Development plan (Chapter 4, Section X
7.A.3).
10. Full drainage plans, including drainage calculations, in accordance with X
Chapter 6, Article IV, Section 5 of the Land Development Regulations will
be required at the time of permitting:
11. Permits may be required from FDEP, SFWMD, etc. for work adjacent to and X
on the lake tract and conservation area. The applicant shall show that an
environmental evaluation has been made, the appropriate agencies have been
notified, and that they concur with the proposed construction.
12. Based upon environmental findings additional details and/or cross-sections X
may be required, at the time of permitting, between the developed site and the
conservation/preservation area to ensure protection from stormwater runoff.
13. 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.
UTILITIES
Comments:
14. 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.
15. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
16. 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 ~reater (CODE, Section 26-16(1>)).
17. 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,
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whichever occurs first. This fee will be determined based upon final meter
size, or expected demand.
18. 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
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a).
19. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
20. 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.
21. Chapter 3, Article IV, Section 3.0. of the Land Development Regulations X
require Master Plans to show all utilities on or adjacent to the tract. The plan
must therefore show the point of service for water and sewer, and the
proposed off-site utihties construction needed in order to service this project.
This includes utilities within the right-of-way of Congress Avenue and the
force main connection from the lift station site (not identified on sheet C-
201).
22. Depict connection from the Lift Station into the City's collection system. X
23. 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:
24. Design documents where underground water mains and hydrants are to be X
provided, must demonstrate that they will be installed, completed, and in
service prior to construction work per the Florida Fire Prevention Code,
(2000) Section 29-2.3.2.
25. Emergency access shall be provided at the start of a project and be maintained X
throughout construction per the Florida Fire Prevention Code, Section 3-5,
and NFPA 241, (1996) Safeguarding Construction, Alteration, and
Demolition Operations, Section 54.3. Emergency access roadways must be
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firm and unyielding, having a bearing value of not less than 40 (i.e. LBR 40),
compacted to 98% of the maximum density as determined by AASHTO
T180, in accordance with the FDOT Standard Specifications for Road and
Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy
of the test results shall be provided and accepted prior to above grade
construction. Testing frequency shall not be less than that specified in the
FDOT Sampling, Testing and Reporting Guide, or as required by the Fire
Marshal. The roadway shall be maintained free from ruts, depressions, and
damage, and at the required bearing value for the duration of it's intended
use.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
26. Indicate within the site data the type of construction of each building as X
defined in 2001 FBC, Chapter 6.
27. 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.
28. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2001 FBC, Table 600.
Submit calculations that clearly reflect the percentage of protected and
unprotected wall openings permitted per 2001 FBC, Table 600.
29. 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.
30. 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 (psf) on the plans for the building design.
31. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
32. As required by the CBBCO, Part llI titled "Land Development Regulations", X
submit a site plan that cleayly depicts the setback dimensions from each
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property line to the leading edge of the building/s. The leading edge of the
building/s 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.
33. 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.
34. 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;
· 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).
35. At time of permit review, submit separate surveys of each lot, parcel or tract. X
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.
36. 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;
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· The total amount being paid (CBBCO, Chapter 1, Article V, Section 3(f)).
37. 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.
38. 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.
39. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not ensure
that additional comments may not be generated by the commission and at
permit review.
40. Sheet G501 - Dumpster Detail - Shall comply with CBBCO, Chapter 7.5, X
Article II, Section 5.J., Chapter 7.5, Article III, Section 9.A.9.A and City of
Boynton Beach En$ineefin~ Division Standard Drawin~ G4.
PARKS AND RECREATION
Comments:
41. The plans indicate 300 Single Family Attached Homes. Using the formula X
outlined in the Land Development Regulations, Chapter 1, Article 5, the
Impact Fee is calculated as follows:
300 Single-family attached units x $771 ea. = $231,300
Fee is due at the time of the first applicable buildin~ permit.
FORESTER/ENVIRONMENTALIST
Comments:
42. Existing Trees Management Plan-17 Live Oaks - Sheets L401-L403 X
The Landscape Architect should show on these sheets the individual existing
Live Oak trees that will be preserved in place or the relocated location
elsewhere on the site.
43. 2.76-acre Lake Plantings - Sheet L100 X
The applicant must design / install native species of upland trees, under story
and littoral plantings along 50% of the lake perimeter within the entire 20 foot
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DEPARTMENTS INCLUDE REJECT
wide lake easement. The upland and littoral plantings must be contiguous to
each other and cover 50% of the lake perimeter. A cross-section of the design
should be included on the landscape plan.
44. A Lake Maintenance Plan document must be provided for the proper X
maintenance of the lake plantings. A time zero and quarterly monitoring
report for two years is required of the developer.
45. The berm height, width and slope for construction purposes should be drawn X
on the plan.
46. Plant List- Sheets L400 - LA12, and Sheet L501 X
All shade and palm trees on the Plant list must be listed in the specifications
as a minimum of 12 foot-14 foot in height, three (3) inch caliper at DBH (4.5
feet off the ground), and Florida #1 (Florida Grades and Standards manual).
This includes the multi-trunk species. The height of the trees may be larger
than 12 foot -14foot to meet the three (3) inch caliper requirement (Chapter
7.5, Article II Sec. 5.C. 2.).
47. The landscape design must include the City signature trees (Tibochina X
granulosa) at the project main entrance (Chapter. 7.5, Article II Sec. 5.C.3,
48. The Tree & Palm Planting Detail shown on Sheet L500, should include a X
line on the drawings 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) inch caliper at time of planting;
· Overall height of the tree or palm is to be measured at time of planting;
· Clear trunk, clear wood, or gray wood is to be measured at time of
planting.
49. The irrigation system design should be low volume water conservation using X
non- portable water.
50. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
51. Trees should have separate irrigation bubblers to provide water directly to the X
root ball (Chapter 7.5, Article II Sec. 5. C.2.).
PLANNING AND ZONING
Comments:
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52. The project's required perimeter setbacks are as follows: Front - 40 feet; X
Rear - 40 feet rear; and Side - 20 feet. On the site plan data table (sheet
GS00), indicate the required and proposed building setbacks to ensure
compliance with this requirement (Chapter 2.5, Section 9.B.).
53. 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.
54. The elevations must indicate the paint manufacturer's name and color code X
(Chapter 4, Section 7.D.). On the elevation plans, include and label all major
exterior finishes. Staff recommends using a color schedule to indicate the
proposed building colors. Staff also recommends matching the project's
building color(s) to the ones that are shown on the colored rendering.
55. On the enlarged landscape plans, ensure that the plant quantities match X
between the tabular data and the graphic illustration. Also, ensure that
cumulatively, the plant quanfifes on all enlarged landscaped plans equal the
overall landscape plan. This can be accomplished at the time of permitting.
56. On the plant list of the enlarged landscape plan for the 7-unit building (sheet X
LA08), indicate the species of shade trees proposed within each rear yard.
57. On the plant list of the enlarged landscape plan for the 8-unit building (sheet X
L409), indicate the species of shade trees proposed within each rear yard.
58. On the plant list of the enlarged landscape plan for the 9-unit building (sheet X
L410), indicate the species of shade trees proposed within each rear yard.
59. On the plant list of the enlarged landscape plan for the 10-unit building (sheet X
LA 11), indicate the .species of shade trees proposed within each rear yard.
60. Any proposed walls, fences, enclosures and similar incidental site structures X
shall resemble, with respect to color and materials, the design of the principal
buildings and shall be integrated with other site elements (Chapter 9, Section
10.E.3.).
61. Above ground mechanical equipment such as exterior meters, utility boxes X
and transformers shall be visually screened (Chapter 9, Section 10.C.4.).
Equipment placed on the walls of the building shall be painted to match the
building color.
62. Staff recommends screening the A/C units with either landscaping or a knee X
wall. Label the location of the A/C pads on the enlarged site plans at the time
of permitting.
63. A note on the master plan (sheet Gl00) indicates that the freestanding X
lighting fixtures would be made of "18-foot tall spun concrete poles". At the
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DEPARTMENTS INCLUDE REJECT
time of permitting, the detail of the typical light pole should resemble this
note. If not, then submit a new detail and revise the note on sheet Gl00 to
match the materials and dimensions indicated on the detail.
64. According to the Palm Beach County Traffic Division, it is suggested that the X
City implement proper measures, through signing and striping, to enhance
safety at the project access driveway, with emphasis on the southbound
Congress Avenue traffic, turning left onto the site. No building permits are to
be issued by the town, after the build-out date specified above (which is
2006). The County traffic concurrency approval is subject to the Project
Aggregation Rules set forth in the Traffic Performance Standards Ordinance".
The Engineering Division has reviewed the plan and determined that the
County's suggestion can be accomplished during the time of permitting.
65. In order to maintain consistency with the previous apartment project (NWSP X
02-017) and to minimize substantial changes to this project, staff recommends
reducing the allowable depth of the outdoor patios to five (5) feet (for those
patios proposed in the rear yards of the three (3) buildings that abut the north-
side landscape buffer along property line N89°58'02"W).
66. Staff understands that the smaller lot (of the two parcels) of the subject X
property cannot be developed with townhouses. Therefore, staff would like
to continue discussing with the property owner, the possibility of including
the vacant lot into the City of Boynton Beach's future Greenways and
Bikeways Plan.
67. Staff has met with the United States Post Office personnel and determined X
that the project would be eligible for two (2) mail kiosk locations. Staff
recommends incorporating two (2) mailbox locations into the design of the
project at the time of permitting when a rectified site plan is required. The
locations of the kiosks would be determined at that time.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
68. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
69. Applicant is to make full disclosure to potential buyers the fact that the X
project is bounded on the south by a regional wastewater treatment facility.
Provide the City with appropriate documentation of marketing materials and
specific language to be placed in the typical closing documents to be used by
the seller, prior to issuance of first building permit.
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70. Applicant agrees to grant the City utilization of the 110-foot wide FP&L X
easement for greenway purposes, through a restrictive covenant. Provide the
City with appropriate documentation prior to issuance of first building
permit.
71. Condition #65 is amended to reduce the buffer of the three (3) buildings X
abutting the north property line (N 89° 58'02") to ten (10) feet in depth.
The ten (10) foot buffer shall be comprised of a two (2) foot berm with a
five (5) foot fence and dense landscaping.
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S:XPIanningXSHARED\WPXPROJECTS\Westbrooke (~ Boynton\COA.doc