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BayfrontDEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bayfront APPLICANT'S AGENT: Mr. Carlos Ballbe / Keith & Ballbe, Incorporated Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT'S ADDRESS: 2201 West Prospect Road, Suite 100 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 18, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 48 fee-simple townhouses on 2.46 acres in the IPUD zoning district. LOCATION OF PROPERTY: 3440 North Federal Highway, west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. 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 MA'I-rER 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ 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 Applicant's. application for relief is hereby ,.,/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this 7. Other DATED: City Clerk BAYFRONT: LOCATION MAP EXHIBIT A GC N~ LRC NIC LEGEND · '", City Boundary Future Land Uses: LRC - Local Retail Commercial GC - General Commercial R - Recreational EXN~B!T ,,~ LOT 40 '~i~ ti F 1 .,, ,?./~, tt_ . ! ~ ~.~'~ ~ Ili ] ~ EXHIBIT "B" EXHIBIT ,,B,, PRELIMINARY DRAWINGS - NOT FOR CONSTRUCTION EXHIBIT "B" PRELIMINARY DRAWINGS - NOT FOR CONSTRUCTION Jill '" ° EXHIBIT "B" PRELIMINARY DRAWINGS - NOT FOR CONSTRUCTION ,~ iiiiiiiiiiiiiiiiiii~[ Il ll,l ' t lllil~l ~[l:'lliill"l':l~:l'lt II II II Ill!l[ II ,, EXHIBIT "B" PRELIMINARY t ........... : ........... 1 DRAWINGS - NOT FOR CONSTRUCTION i]: lll~]{[l:[,: ,,,,,,,,,.,,,11{ !Il{, il'= Iq I I lllw II ': F':I :,llmlll UlllllfIIZllllllllll:l lll'rll] ~ll' 'Il'i'll Ill-{ , { li}_o ~i ii ii illl{l !, lii{l:m E:ZZ:E:III.I ii Ifil[? lYll~F31--lll ,I I l:~ EXHIBIT "B" I I I+H-FI,i I_~1,~1 ~ ~ I P R E.L I M I N A RY D R A~ I N G S - N O T FOR CONSTRUCTION EXHIBIT "B" PRELIMINARY DRAWINGS - NOT FOR CONSTRUCTION " 'lilll Itillll, lill ..~ . l,l!Ol :ll"J[l I!,,,,IIIIIII,,,,,,,.o, :: :ll~l :, EXHIBIT "B" LOT 39 I|1 ! I? i,~,L,LJJ I BAYFRONT PLANTINO PLAN EXHIBIT "C" Conditions of Approval Project name: Bayfront File number: New Site Plan Reference: 2"a review plans identified as a New Site Plan with an April 13, 2004 Planrdng and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Re-orient thc dumpster enclosures throughout to provide a minimum turning X radius of 60 feet to approach thc dumpster and a minimum backing clearance of 60 feet, measured from the front edge of the dumpster pad. (LDR, Chapter 2, Section 1 l.J.2.b.) 2. Relocate the banyan trees or if possible, trim up the branches of those trees X located near the locations of the proposed dumpster enclosures in order to provide the necessary vertical clearance for solid waste pickup. The trimming should be to thc minimal extent possible in order to provide clearance but yet without bein~ too excessive. PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 3. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 4. Permits from the Florida DOT will be required for all work within the Federal X Hw7. right-of-way. 5. Indicate, by note on the landscape plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between two and one-half (2 ~) feet and eight (8) feet above the pavement (Chapter 7.5, Article II, Section 5.H.). 6. The medians on Federal Highway adjacent to this project have existing X irrigation and plant material belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole respons~ility of the developer. Please acknowledge this notice in your comments response and add a note to the plans with thc above stated information. COA 05/05/04 2 DEPARTMENTS INCLUDE REJECT 7. Full drainage plans, including drainage calculations, in accordance with X .Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. Prior to issuance of a Land Development Permit provide a copy of the X homeowners association documents for review and approval. 9. A replat of the subject property is required prior to the issuance of any X building permits. 10. All engineering construction details shall be m 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 ,p~a~it application. UTILITIES Coimnents: 11. Prior to the issuanc~ of a Land Development Permit or any building permits, X provide a plan depicting off-site roadway improvements on Federal Highway acceptable to the Florida Department of Transportation (FDOT)and the City of Boynton Beach, based on the findings of the Pre-application meeting with FDOT, held on March 11, 2004. 12. No wastcwater system is readily available to this project without an upgrade X to the existing lift station and force main located on the east side of Federal Hwy. Provide the cumulative effects of the sanitary sewer loading from the Bayfront, Oceanside, and Waterside developments on the lift station at Turner Road. 13. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 14. 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 lp'eater (CODE, Section 26-16(b)). 15. 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 fn'st. This fee will be detem~ned based upon final meter size, or expected demand. 16. 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 irri~ation. COA 05/05/04 3 DEPARTMENTS INCLUDE REJECT 17. 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 thc City as stated in CODE Sec. 26-33(a). 18. 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. 19. A building permit for this project shall not be issued until this Depmhnent 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. 20. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition. 21. Appropriate backflow preventer(s) will be required on the domestic water X service to the buildings, and the fire sprinkler line(s) if there are any, in accordance with CODE Sec. 26-207. 22. Screen the private lift station in accordance with City Standard G4. X 23. All utility construction details shall be in accordance with the Utilities X 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: None X POLICE Comments: None X BUILDING DIVISION Comments: 24. 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 detemfined 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 COA 05/05/04 4 DEPARTMENTS INCLUDE REJECT shall be submitted for review at ~he'time of permit application. 25. At time of permit review, submit signed and sealed working drawings of the X .. proposed construction. 26. 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. 27. Submit a notarized affidavit (on the letterhead of the property owner, X company or association) to properly determine the impact fees that will be assessed for the clubhouse. The letter shall list and contain an answer to the following questions - · Will the clubhouse be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfares to get to the clubhouse? · Will there be any additional deliveries to the site? · 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. 28. 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. 29. ff capital facility fees (water and sewer) are paid in advance to the City of X Boynten Beach Utilities Department, the following information shall be provided at the time of building permit application (CBBCO, Chapter 26, Article [[, Sections 26-34): · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · ff 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. 30. At time of permit review, submit separate surveys of each lot, parcel or tract. X COA 05/05/04 5 DEPARTMENTS INCLUDE REJECT 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. 31. 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 (CBBCO, Chapter 1, Article V, Section 3(0). 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. 32. 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. 33. 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. PARKS AND RECREATION Comments: 34. Recreation Facilities Impact Fee- the plans show 48 Multi-family units. The X fee is calculated as follows: · 48 single family attached units ~ $771 ea. = $ 37,008 FORESTER/ENVIRONMENTALIST Comments: 35. All shade and palm trees on the Plant List must be listed in the specifications X as a minimum of 12 feet to 14 feet in height, three (3) inch caliper at DBH, four and one-half (4~A) feet off the ground, including multi-stem species and Florida gl (Florida Grades and Standards manual). Thc height of the trees may be larger than 12 feet to 14 feet in order to meet the three (3) inch caliper requirement, or the four (4) foot, six (6), or eight (8) foot clear trunk specification (Chapter 7.5, Article II Section 5.C. 2). CeA 05/05/04 6 DEPARTMENTS INCLUDE REJECT 36. The applicant should show an elevation (goss-section) detail on the X landscape plan, indicating how the height of the proposed landscape material drawn to scale will visually buffer the two (2) proposed three-story buildings from the heights of 14 feet to 40 feet along the South Federal Highway road fight-of-way. 37. There is no irrigation system design included with the site plans. The X irrigation design should be low-flow for water conservation. 38. Staff reconunends installing the Sweet Mahogany trees (proposed in the X interior landscaping island) at 16 feet. 39. Staff recommends substituting the Washingtonia robusta palms either with X Ro~/stonea elata Palms or Wodyetia bifurcata. PLANNING AND ZONING Comments: 40. Approval of this site plan is contingent upon the accompanying requests for X annexation and rezoning (ANEX 04-001). This includes the proposed project density. 41. Each survey should be signed and sealed (Chapter 4, Section 7.A.). Copies X are not permitted. 42. The plans show that 3 feet x 10-foot concrete patios are proposed in the rear X of the buildings. Since the actual building location may slightly shift during the permitting process, the patios shall be setback no less than five (5) feet from the north (side) and south (side) propcn~ lines in order to preserve the landscape buffer. 43. The IPUD zoning district does not require five (5) separate parking spaces for X this type, size, and location of recreation area with this project. At the time of permitting, modify tabular data to reflect that the recreation area spaces are not required spaces. 44. On the typical floor plans (sheet Al. 1 and Al.2), indicate the size of each unit X (under air), expressed in square feet. 45. On the landscape plan (P-l), ensure that the plant quantities match between X the tabular data and the graphic illustration. 46. At the time of permitting, the landscape plan shall provide 50% native plant X material for the following categories: shade trees, palm trees, and shrubs / groundc, over (Chapter 7.5, Article II, Section 5.P). COA 05/19/04 7 DEPARTMENTS INCLUDE REJECT 47. The typical drawing of the freestanding outdoor lighting poles must include X the height and color / material. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F. 1 .) 48. The subdivision wall sign(s) may not exceed 32 square feet in area (Chapter X 21, Article IV, Section 1.D.). The plans do not indicate the materials or colors used for the sign's letters. However, staff understands that the letter would be made of PVC (or other comparable material) and bronze in color. Staff also recommends that the wall be painted the same or similar to the building colors. 49. Indicate the building footprint of the closest building on the abutting X properties to the west, north, and south. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 50. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 51. Subsequent changes of building colors must come back to City Commission X for approval. MWR/elj S:\Planning\SHARED\WP~PROJECTS\Southem Homes of Palm Beach\BAYFRONT~NWSP 04-002\COA.doc