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Boynton Dixie PUD DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA =''1 Development paz Building Engineering Oce. license Deputy City Clerk PROJECT NAME: Boynton Dixie PUD APPLICANT'S AGENT: Weiner & Aronson, PA APPLICANT: Mr. Robert Mathias with New Century Companies, LLC and Pineapple Grove Properties, L TD APPLICANT'S ADDRESS: 1020 South Federal Highway, Suite 102 Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the PUD Planned Unit Development zoning district LOCATION OF PROPERTY: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way) 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 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 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: 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 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. 6. All further development on the property shall be made in accordance with the t and conditions of this order. DATED: ~Nt. 0\'\(\ ~&Y3 "')-~N ~~ 7, Other S:\Planning\SHARED\WP\PROJECTS\Boynlon DixielNWSP 05-024\DQ,doc EXHBIT "C" Conditions of Approval Project name: Boynton Dixie File number: NWSP 05-024 Reference: 2"d review plans identified as a New Site Plan with a Julv 19, 2005 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic -.- Comments: 1. Provide an acceptable turn-around for the northeast dead-end roadway, The X turn-around may be placed either at the end of the dead-end roadway or may be placed in the green area west of the northeast grouping of townhouses. 2. The applicant shall provide design plans for reconstruction of the X FECRR/Gulfstream Blvd. 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. The concrete median on the west side of the tracks shall extend west a minimum of 100 feet. ENGINEERING DIVISION Comments: 3. If the City Commission approves the Site Plan, the applicant shall enter the X plat process through the City's Engineering Division. A preliminary plat applicatio!l may be initiated during the Site Plan review to expedite issuance of the Land Development Permit. 4. The medians on Gulfstream Blvd. have existing irrigation and plant material X belonging to and maintained by 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 responsibility of the developer. The contractor shall notifY and coordinate with the City of Boynton Beach Forestry & Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activities, Please acknowledge this notice in your comments response and add a note to the appropriate plan sheets with the above stated information. 5, Full Drainage Plans, including drainage calculations, in accordance with the X LDR, Chanter 6, Article IV, Section 5 will be required at the time of COA 08/22/05 2 DEPARTMENTS INCLUDE REJECT permitting. 6. Specify storm sewer diameters, inlets types, etc. on Drainage Plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 7, 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: 8. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 9. 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 )), - ~"- 10, 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 expected demand, II, The Utilities Division will not require surety for installation of the water and X sewer 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 OcclIJ'.ancy. 12. 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 proiect, in accordance with the CODE, Section 26-15. ]3, At the time of permitting, the applicant will be required to verifY the sizes of X the existing water / sewer line sizes. The eight inch (8") line depicted in Gulfstream Boulevard may only be six inches (6"). 14. The proposed water main system is shown tying into an 8-in. line on the south X and north. The northerly existing main reduces to 6-in, west of the railroad tracks, The northerly line shall be upsized to a 12-in. main to Seacrest Blvd. COA 08/22/05 3 DEPARTMENTS INCLUDE REJECT This work shall be coordinated with the developer of the Gulfstream Mall property, Work will include providing a hydraulic analysis showing that the proposed work, including main upgrade is capable of providing adequate flows for domestic use and fire flows for this development. 15. Revise alignment of the water main to the north to keep the main out of the X FECRR ri"ht-of-wav as Ion" as Dossible. 16. Extend sanitary sewer mains, and add manholes as necessary, to the end of X each dead-end section to properly service each fee-simole townhouse. 17. 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: None X POLICE Comments: None X BUILDING DIVISION Comments: 18, 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 200 I 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. 19. 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 (nsf) on the plans for the buildin" design. 20, Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject reauest. 21. At time of permit review, submit signed and sealed working drawings of the X nronosed construction. 22, Identify within the site data the finish floor elevation (lowest floor elevation) X -- COA 08/22/05 4 I DEPARTMENTS 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: INCLUDE REJECT a. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans; b, IdentifY the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 23, To properly determine the impact fees that will be assessed for t1)e one-story X pool/clubhouse/recreation building, provide the following: Will the pool/clubhouse/recreation building 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 pool/clubhouse/recreation building? Will there be any additional deliveries to the site? Will there be any additional employees to maintain and provide service to the site? Please 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 reauired for the pool/clubhouse/recreation buildinl!. 24. 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. 25, 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 apolication, F.S. 373.216, 26. 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 COA 08/22/05 5 DEPARTMENTS INCLUDE REJECT 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). 27. 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. 28. 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 I, Article V, Section 3(f)). 29. Pursuant to approval by the City Commission and all other outside agencies, X the pl'lnS 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. 30. 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. 31. The mail kiosk is considered a "common area" and shall comply with the X handicap accessibility reauirements in 200 I FBC, Chapter II. COA 08/22/05 6 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 32, Recreation and Parks Impact Fee: X 82 single-faily attached units @ $771.00/unit = $63,222.00. Must be paid prior to issuance of first permit. FORESTER/ENVIRONMENTALIST Comments: 33, There are several existing gopher tortoise burrows on the site. The applicant X must provide a Flora and Fauna survey to the City and obtain a gopher tortoise permit from the State of Florida Wildlife Commission. The applicant must submit a copy of the permit application to the City Forester prior to the issuance ofthe property Clearing and Grubbingpermit. 34. The Landscape Architect should review the tabular mitigation for the X following (35) trees proposed to be removed and show the trees numbered ." 2,3,4,5,6,7,14,30,31,33,37,40,41,42,43 ,45,46,49,50,51 ,52,54,55,56,57,58,59, 62,63,64,65,66,67,68,and 69 to be relocated from the site. These trees are all mature native species oftrees. 35. All shade and palm trees on the Trees and Palms List must be listed in the description as a minimum of 12 feet to 14 feet in height, 3-inch DBH (4.5 feet X off the ground), and Florida # I (Florida Grades and Standards manual), The height of the trees may be larger than 12 feet to 14 feet to meet the 3-inche diameter requirement; or any clear wood (cw), gray wood (gw), or "wood" specifications (Chapter 7.5, Article II Sec. 5.C, 2). The landscape design should include the City signature trees (Tibochina granulQsa) at all of the ingress / egress areas to the site. These trees must meet tfie minimum size specifications for trees (Chapter 7.5, Article II Sec. 5.C.3.N.); The applicant should show an elevation section indicating how the height of the proposed landscape material will visually buffer the proposed buildings from the Gulfstream Boulevard road right-of-way; All shrubs specifications should indicate the spread dimensions, PLANNING AND ZONING Comments: COA 08/22/05 7 DEPARTMENTS INCLUDE REJECT 36. To follow the intent of the recommendations of the Problems and X Opportunities section of the Future Land Use Element Data and Analysis, pertaining to land use compatibility, the western building, containing 12 units, should be broken up to relieve the wall-like effect against the adjacent single-family development and/or separated from adjacent single family homes with a wider buffer and increased landscape materials. 37. Add additional architectural design elements to the rear elevation of the units facing Gulfstream Boulevard so as to resemble the front facades, and X to provide some visual variety and interest. 38. Approval of this site plan is contingent upon the accompanying request for X annexation (ANEX 05-003) and land use / rezoning application (LUAR 05- 007). . -,._~.. 39. 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 evidence (i.e. a letter) of their approval prior to Commission consideration. 40. In order to ensure proper maintenance of the buffer areas, staff recommends X that they be maintained by the Home Owners' Association so that no individual property owner removes any of the required plant material along the perimeter of the PUD, and HOA documents reflect same. 41. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graDhic illustration, 42, The palm trees proposed around the townhouse buildings must be installed X at 12 the building height of the building (Chapter 7.5, Article II, Section S.M.), 43, Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X encouralled (ChaDter 9, Section IO.F.3.). 44, The <In-street parking appears to eliminate the ability to have sidewalk on X both sides of the streets, Recommend eliminating these spaces due to the proposed number of parking spaces within the development well exceeding code reauirements, and place sidewalk on both sides of each street. 45, Staff recommends all trees proposed along the west, north, and east property X lines be installed at 14 feet to 16 feet in height. --- 46. The landscape plan shows that the rear yard of each interior lot would X contain a Green Buttonwood tree spaced one (I) tree per 30 linear feet, with a continuous row of Redtip Cocoplum hedges installed at the base, Staff recommends that the spacing of these canopy trees be no more than one (1) tree per 20 linear feet, regardless of proposed lot lines. COA 08/22/05 8 , , DEPARTMENTS INCLUDE REJECT 47. Staff recommends that the height of the screen enclosures be limited to the X mean heiQht. 48. Consider combining the recreation areas at the central location to eliminate X need for parking spaces, place active areas remote from the vehicle intensive entrance area, and maximize the efficiencv in design. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 49. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 50. To be determined. ~ MWR/elj S:IPlanning\SHAREDlWPIPROJECTSlBoynton DixieINWSP 05-024\COA.doc