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Minutes 07-18-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 18, 2006, AT 6:30 P.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Mayor Jerry Taylor C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson Mayor Taylor called the meeting to order at 6:32 p.m. and gave the Invocation. Commissioner Ferguson led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ensler rescinded his request to reconsider the stormwater rate structure issues being item XIII. B. Mayor Taylor withdrew his request to reconsider lowering the millage rate to 7.0 mills being item XIII.D. There was consensus to remove both items from the agenda. Attorney Cherof advised under XII.E. he would be requesting a closed-door session at the next Commission meeting regarding the Boynton Beach Alliance lawsuit. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor McKoy seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Vice Mayor McKoy announced Help Tech, a company manufacturing a breath spray would be moving into the Quantum Park area and bringing 50 jobs to the local community. Commissioner McCray gave kudos to the City staff for providing information he had requested at the preagenda meeting regarding the ice and generator program in a timely fashion. Commissioner Ensler inquired if funds for the program had been added to the budget. Mr. Bressner replied the item was not included in the budget; however, he would be requesting a motion on the issue later in the agenda. III. ANNOUNCEMENTS, COMMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS A. Announcements: 1. Introduction of Marylee Coyle, Assistant Human Resource Director Sharyn Goebelt, Director of Human Resources, introduced Marylee Coyle as the new Assistant Human Resource Director. Ms. Goebelt reviewed her educational background and previous work experience. Ms. Coyle indicated she was pleased to have been chosen. At the request of Commissioner McCray, Ms. Goebelt reviewed the duties of the position of Assistant Director of Human Resources. Commissioner McCray thanked staff for providing him with the budget information he had requested. B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation of 2nd quarter D.I.S.C. award winners Grace Wilson, Daysi Moncayo and Barry Brandenburg by Recognition Team Chair, Vicki Dornieden and Co-Chair Maibet Rosado. Maibet Rosado explained the D.I.S.C. program and outlined the outstanding performance of the three award winners to warrant the award. Vicki Dornieden assisted with the presentations. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Lee Wische, 1302 SW 18th Street, handed out a written reply to the issue that arose at the last Commission meeting regarding the selection process for chair and vice chair on advisory boards. He agreed a uniform procedure would be helpful. A copy of the written reply is attached to the minutes. Sunny Garcia, 1631 NW 3rd Lane, requested the Commission revisit the issue relating to the reduction in staff for the Building Department, Fire Department and Police Department for the next budget year. He felt with the anticipated growth within the City, more employees for these departments would be better than less. Mayor Taylor noted there would be two public meetings relating to the budget and those issues could be brought forward. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Accept the resignation of Joseph J. Baldwin as a regular member of the Planning and Development Board. Motion Commissioner Ferguson moved to accept the resignation of Joe Baldwin. Commissioner McCray seconded the motion. The motion passed unanimously. B. Appointments Appointment To Be Made Board Length of Term Expiration Date I II Ensler McCray Arts Commission Arts Commission Alt Reg 1 yr term to 4/07 Tabled (2) 3 yr term to 4/08 Motion Commissioner Ensler nominated Jean Kashan as an alternate member of the Arts Commission. Commissioner Ferguson seconded the motion. The motion passed unanimously. Commissioner McCray yielded his appointment to Commissioner Ensler's nomination for the appointment to be as a regular member of the Arts Commission. Motion Commissioner Ensler moved to reconsider the appointment of Jean Kashan. Commissioner Ferguson seconded the motion. The motion passed unanimously. Motion Commissioner Ensler moved to appoint Jean Kashan as a regular member of the Arts Commission. Commissioner McCray seconded the motion. The motion passed unanimously. IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Cemetery Board Alt 1 yr term to 4/07 Ensler Code Compliance Board Alt 1 yr term to 4/07 Tabled (2) 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Mayor Taylor II McCray Code Compliance Board Code Compliance Board Alt Reg 1 yr term to 4/07 Tabled (2) 3 yr term to 4/09 II McCray Community Redevelopment Agency Reg 4 yr term to 6/1 0 Tabled (3) Motion Commissioner McCray advised, after careful consideration, he nominated Rev. Lance Chaney as a regular member of the Community Redevelopment Agency Board. Vice Mayor McKoy seconded the motion. Discussion Commissioner Ferguson objected to the appointment as it did not create the balance needed on the CRA Board. Mayor Taylor noted Rev. Chaney was a leader in the community as Pastor of the St. John Missionary Baptist Church and serves on the Board of the RM. Lee COCo In his view, Rev. Chaney has been a strong voice for the Heart of Boynton community and has acted as a very effective liaison. Mayor Taylor contended a conflict of interest may exist if the R M. Lee COC Board in anyway had a financial gain from the action of the Community Redevelopment Agency Board and the Heart of Boynton project. Mayor Taylor's concern was he did not want to silence Rev. Chaney as the voice of the citizens. He inquired if the fact Rev. Chaney's salary is set by the RM. Lee COC Board that owns property within the CRA area, would be a conflict of interest. Attorney Cherof advised a legal conflict of interest would have to be determined on a case-by-case basis. Commissioner Ensler commented there is a significant challenge to redevelop the Heart of Boynton and the more people able to assist in the challenge would be better. He supported the appointment. Vice Mayor McKoy requested a response from Rev. Chaney to the issues raised to his appointment. Rev. Lance Chaney, 238 Birch Street, thanked the Commission for their confidence in him relating to the Heart of Boynton area. He perceived the scope of the Redevelopment Agency as much broader than the MLK corridor. The issue relating to his salary would be a function of St. John's Missionary Baptist Church and its membership growth only. He pointed out the property owned by the Church was outside the boundaries of the first phase of the HOB project. Rev. Chaney advised if appointed to the Community Redevelopment Agency he would resign from the RM. Lee COC Board to avoid any perception of a conflict of interest. He felt he could bring an expertise and powerful voice to the Community Redevelopment Agency Board for the entire City. Mayor Taylor made it clear he never questioned Rev. Chaney's integrity, but he did not want to diminish Rev. Chaney's voice for the citizens. Vote The motion passed 3-2. (Mayor Taylor and Commissioner Ferguson dissenting.) III Ferguson Community Relations Board Alt 1 yr term to 4/07 Tabled (2) II McCray Community Relations Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07 IV McKoy Golf Course Advisory Committee Aft 5 yr term to 6/11 Tabled (2) Mayor Taylor Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (2) 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Motion Vice Mayor McKoy appointed Corrado Giangreco as an alternate member of the Golf Course Advisory Committee. Commissioner Ferguson seconded the motion. The motion passed unanimously. II McCray f Ensler Library Board Library Board Alt Alt 1 yr term to 4/07 1 yr term to 4/07 Tabled (2) Mayor Taylor Recreation & Parks Board Alt III Ferguson Employees' Pension Board Reg 1 yr term to 4/07 Tabled (2) 3 yr term to 4/08 Tabled (2) Motion Vice Mayor McKoy moved to table all remaining appointments. Commissioner Ferguson seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Agenda Preview Conference - June 30, 2006 2. Regular City Commission - July 5, 2006 S. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Approve cancellation of Bid#008-1411-06/0D "CO-OP THIRlY-NINE MONTH GASOLINE AND DIESEL FUEL" that was awarded at the November 1, 2005 Commission meeting and approve a piggyback on State Contract #405-220-920-7800 resulting in a savings of $621.35 per load for unleaded gasoline from the current vendor. C. Resolutions: 1. Proposed Resolution No. R06-117 RE: Approving and authorizing execution of Task Order #U06-7-2 with Erdman Anthony of FL, Inc., (d/b/a Crossroads Engineering & Surveying) in the amount of $212,522.23 to provide design, permitting, bidding and construction phase services for Lift Station Rehabilitations and Rebuilt Project for Lift Stations 101, 202, 313, 404 and 610. Commissioner McCray pulled item VI.C.l for discussion. 2. Proposed Resolution No. R06-118 RE: Authorizing execution of Task Order U06-001 with DcR Engineering Services, Inc. 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 through a piggyback of FRP 02-29 between St. Johns County and DcR Engineering Services for engineering services to plan for the integration of the Utilities control system at a cost of $24,892 3. Proposed Resolution No. R06-119 RE: Approving the renewal of the five (5) year Cardiac Monitor/Defibrillator Service Agreement with Medtronic Physio-Control for a total contract price of $54,399, paid in annual installments of $10,867.80. ! 4. Proposed Resolution No. R06-120 RE: Approving and authorizing execution of an Interlocal Agreement permitting the Boynton Cultural Centre to utilize the City's benefit plans. Commissioner McCray pulled item VI.CA for discussion. 5. Proposed Resolution No. R06-121 RE: Approving and authorizing the purchase of property owned by Benjamin W. Cain & Charlie M. Cain, located at 215 NW 10th Avenue for the price of $190,000. 6. Proposed Resolution No. R06-122 RE: Approving and authorizing Change Order #5 for the Library Expansion Project in the amount of $441,517 to cover the cost escalations to the contractor from the subcontractors. a. Proposed Resolution No. R06-123 RE: Approving Owner Equipment in the amount of $137,137 as required for building expansion and operations. Total request for approval equals $578,654. Commissioner McCray pulled item VI.C.4 for discussion. 7. Proposed Resolution No. R06-124 RE: Approving and authorizing execution of an agreement between the City of Boynton. Beach and the Fairmont Place Homeowners Association, Inc. to share the purchase cost and use of an emergency generator at a City lift station. D. Authorize the use of $4,000 to the Community Caring Center and $5,000 to the DeVos-Blum YMCA Partners in Youth Program from Commissioner Mike Ferguson's Community Investment Funds. E. Authorize the use of $1,000 from Vice Mayor McKoy's Community Investment Funds and $1,500 from Mayor Taylor's Community Investment Funds to Boynton Beach HeadStart for the Bahamian Independence Day Celebration and $1,000 from Vice Mayor McKoy's Community Investment Funds for the Art Explosion. Motion Vice Mayor McKoy moved to approve the Consent Agenda with the exception of those items pulled for discussion. Commissioner Ferguson seconded the motion. The motion passed unanimously. 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 VI.c.1. Proposed Resolution No. R06-117 RE: Approving and authorizing execution of Task Order #U06-7-2 with Erdman Anthony of FL, Inc., (d/b/a Crossroads Engineering & Surveying) in the amount of $212,522.23 to provide design, permitting, bidding and construction phase services for Lift Station Rehabilitations and Rebuilt Project for Lift Stations 101, 202, 313, 404 and 610. For the benefit of the public, Commissioner McCray requested staff report the location of the lift stations. Kofi Boateng, Director of Utilities reported Lift Station 101 is located near the Briny Breezes community along AlA. Lift Station 313 lies between NW 3rd Street and NW 12th Avenue. Lift Station 202 is located on New Palm Way and Lake Street near the Intracoastal Waterway. Lift Station 404 is between Main Boulevard and South Boulevard east of I-95. Lastly, Lift Station 610 is south of Neptune Drive and east of Congress Avenue. Motion Commissioner McCray moved to approve item VI.C.l. Commissioner Ferguson seconded the motion. The motion passed unanimously. VI.CA. Proposed Resolution No. R06-120 RE: Approving and authorizing execution of an Interlocal Agreement permitting the Boynton Cultural Centre to utilize the City's benefit plans. Commissioner McCray inquired if the benefits were the same as the Community Redevelopment Agency utilizes through the City. Ms. Goebelt confirmed they were the same benefits for only two employees. Motion Commissioner McCray moved to approve item VI.C.4. Commissioner Ferguson seconded the motion. The motion passed unanimously. VI.C.6. Proposed Resolution No. R06-122 RE: Approving and authorizing Change Order #5 for the Library Expansion Project in the amount of $441,517 to cover the cost escalations to the contractor from the subcontractors. a. Proposed Resolution No. R06-123 RE: Approving Owner Equipment in the amount of $137,137 as required for building expansion and operations. Total request for approval equals $578,654. Commissioner McCray announced he would be voting against this item, not because it was not needed, but to send a message to other contractors that the Commission would not rubber stamp change orders. 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Comprehensive Plan Policies 1.9.5 and 1.16.1 Cycle 2- 2006 Amendments (CPTA 06-001) City Initiated Request to amend Future Land Use Element policies 1.9.5 and 1.16.1 of the City of Boynton Beach Comprehensive Plan. (1st Reading of Proposed Ordinance No. 06-072) - (Tabled on July 5, 2006) Agent: Descri ption: Motion Commissioner McCray moved to remove item VIII.A from the table. Commissioner Ferguson seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 06-072 by title only. Hanna Matras, Economic Planner and Analyst, reviewed the two large scale Comprehensive Plan amendments for the second cycle of 2006. Final adoption should come before the Commission in late November or December. Staff recommended approval of the amendments for transmittal to the Department of Community Affairs (DCA). Mayor Taylor opened the issue for public hearing Sergio Casaine, 13 Meadows Park Lane, recalled the Planning and Development Board had tabled the issue for a workshop to discuss the amendment in full detail as it pertains to the location of workforce housing. Ms. Matras responded the amendment only allows for higher density for workforce housing and could be placed anywhere in the City. No one else coming forward, Mayor Taylor closed the public hearing. Commissioner McCray noted the request is for workforce housing that is greatly needed within the City. Motion Commissioner McCray moved to approve item VIII.A. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL B. July 18, 2006 Project: Agent: Owner: Location: Descri ption: Sonic Restaurant (COUS 06-002) Jon E. Schmidt, Jon E. Schmidt & Associates Winchester, Winchester, Zeiher & Schroeder, FL. GP Winchester Park Boulevard at Boynton Commons Plaza Request for Conditional Use/New Site Plan approval for a 1,674 square foot fast food drive-in restaurant and related site improvements on a 1.70 acre parcel in a C-3 zoning district. Attorney Cherof administered an oath to all those intending to testify. Ed Breese, Principal Planner, reviewed the request for a conditional use and located the project on a map. Commissioner Ensler questioned the roof composition. A sample was brought in and it was noted the new roofing materials have a higher wind test result than barrel tile roofs. Mr. Breese indicated staff recommended approval. Chris Bender, 8496 Yorke Road, confirmed the applicant was in agreement with all the conditions of approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIII.B. Commissioner Ferguson seconded the motion. The motion passed unanimously. c. Project: Agent: Owner: Location: Descri ption: RBC Centura Bank (NWSP 06-016) Joseph Marzi, P.E. and Russell Morrison, P.E., of Kimley Horn & Associates, Inc. 1950 Congress Avenue, LLC Approximately 260 feet north of the northeast corner of Old Boynton Road and Congress Avenue Request for New Site Plan approval for a 3,920 square foot bank and related site improvements on outlot #2 of The Boynton Town Center site. Attorney Cherof administered an oath to all those intending to testify. Mr. Breese reviewed the request for New Site Plan approval and located the lot on a slide presentation. Staff recommended approval of the project. A traffic study had been completed for the Boynton Village and Town Center project and indicated off site improvement would be required to be made for the entire Center before individual improvements could be commenced. The master developer would be responsible for the improvements along with additional landscape buffering. Commissioner Ensler questioned the sufficiency of the landscaping. 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Russell Morrison, agent for the developer, outlined the extensive landscape buffering that would be included. Mr. Morrison agreed with the 31 conditions of approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve item VIII.C. Commissioner McCray seconded the motion. The motion passed 5-0. D. Project: Agent: Owner: Location: Descri ption: Boynton Lakes North (MPMD 06-002) Fred Freimann, President of Boynton Lake North Homeowners' Association Boynton Lake North Homeowners' Association Southeast corner of Congress Avenue and Hypoluxo Road Request for Master Plan Modification of the Boynton Lakes North P.U.D. to reduce the minimum rear yard setbacks for water lots from ten (10) feet to two (2) feet for hard roof enclosures and from five (5) feet to zero (0) feet for screened roof enclosures; and to reduce the minimum rear yard setbacks for interior or non- water lots from ten (10) to five (5) feet for hard roof enclosures and from five (5) feet to two (2) feet for screened roof enclosures. Attorney Cherof determined the applicant was not present. Mr. Breese discussed the request of the applicant and noted a similar request had been granted previously and other PUDs also had been granted similar relief for lots that were not adjacent to other residential properties. Staff recommended approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIII.D. Commissioner Ferguson seconded the motion. The motion passed unanimously. E. Project: Agent: Owner: Location: Descri ption: F. Project: Agent: Owner: Meadows PUD (MPMD 05-013) Steven L. Cohen & Associates, P .A. Boynton Meadows, LLC Southwest corner of Congress Avenue and Hypoluxo Road Request for Master Plan Modification approval for the addition of 34 townhomes to the Meadows Planned Unit Development (PUD) (Request to be removed from Agenda) Meadows Townhomes (NWSP 05-032) Steven L. Cohen & Associates, P .A. Boynton Meadows, LLC 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Location: Description: 100 Meadows Circle Request for New Site Plan approval for 34 town homes and related site improvements on a 7.966 acre tract within the Meadows Planned Unit Development (PUD) (Request to be removed from Agenda) Motion Vice Mayor McKoy moved to remove items VIII.E and VIII.F from the agenda. Commissioner Ferguson seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Review benefits and premiums for 2006/2007 Health and Life Insurance coverage (August 1, 2006) B. NCF&O White Collar Collective Bargaining Agreement 10/1/06 to 9/30/09 (Aug. 1, 2006 ) C. Small/Minority Business Enterprise (S/MBE) Plan Proposal (Aug. 15, 2006) Commissioner McCray inquired about the location of the presentation and if information had been distributed throughout the community. Mr. Bressner responded policy changes would first need to be addressed; then the actual program would be pursued. D. Ordinance creating a mechanism for naming facilities within the City and establishment of overseer committee (Aug, 15, 2006) E. Selection of consultant for M-l Zoning District Study - Aug. 15, 2006 XI. NEW BUSINESS: A. Continuation of Emergency Generator and/or Ice Machine (EGIM) Project for the FY 2006-2007, allocating $60,000 to the Neighborhood Assistance Program fund and provide direction to staff on the funding source. Mr. Bressner announced all the applicants would receive their requested amounts. Regenia Scott, Neighborhood Services Manager, explained a pre-award workshop was envisioned to assist the applicants with the guidelines. If the program would be continued the application process would be ongoing without deadlines. Mr. Bressner added an alternative would be to open a funding window earlier in the fiscal year. Ms. Scott indicated knowledge of the existence of the program needs to be more widespread. Mr. Bressner cautioned the program should be evaluated each year and demonstrated benefits from the program should be identified. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Mayor Taylor inquired if the funding was available in the current fiscal year and Mr. Bressner responded $51,000 of the $60,000 allocated had been approved for the interim program. Mr. Bressner added he would be requesting $60,000 be added to next year's budget for continuation of the program. Mayor Taylor felt the reduced millage may not allow for the continuation of the program. Commissioner McCray contended the deadline should be honored and any further requests should be held for the next fiscal year. Motion Commissioner Ferguson moved to approve the list of grants noted in item XI.A. Commissioner McCray seconded the motion. The motion passed unanimously. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING Coastal Bay Colony 1. Proposed Ordinance No. 06-060 RE: Approving request to abandon a ten (10) foot wide utility easement at the southwest corner of the property. 2. Proposed Ordinance No. 06-061 RE: Approving request to abandon a ten (10) foot wide utility easement located across lots 14, 15, 16, 17 and 18 of the original Robinson's Addition plat. Attorney Cherof read Proposed Ordinances No. 06-060 and No. 06-061 by title only. Mr. Breese briefly reviewed the requested abandonments. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-060. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-061. Commissioner McCray seconded the motion. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Vote City Clerk Prainito called the roll. The motion passed 5-0. 3. Proposed Ordinance No. 06-062 RE: Approving request to abandon a three (3) foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131 feet. (Post Office Easement ABAN 06-007) Attorney Cherof read Proposed Ordinance No. 06-062 by title only. Mr. Breese described the area to be abandoned and staff recommended approval. Michael Weiner, agent for the applicant, was present for any questions. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-062. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Hemingway Square 4. Proposed Ordinance No. 06-066 RE: Approving an amendment to the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). 5. Proposed Ordinance No. 06-067 RE: Rezoning from Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill Planned Unit Development (IPUD, 20 dus/acre). 6. Hemingway Square (HTEX 06-006) Request for height exception of four (4) feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet. (Tabled to July 18, 2006) 7. Hemingway Square (NWSP 06-007) Request for new site plan approval for the construction of 21 townhomes, recreational amenities and related site improvements on 1.25 acres zoned IPUD. (Tabled to July 18, 2006) 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Motion Commissioner McCray moved to remove items XII.A.6 and XII.A.7 from the table. Vice Mayor McKoy seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinances No. 06-066 and No. 06-067 by title only. Kathleen Zietler, Planning & Zoning, indicated staff recommended approval of both the land use and rezoning for Hemingway Square. She reviewed the request for a Height Extension and the New Site Plan. The height extension was for a four foot extension. The new site plan included the construction of 21 fee simple townhomes on 1.25 acres. She reviewed the details of the construction and design of the project and reported staff recommended approval of all requests subject to satisfying 48 conditions of approval. It was determined the Arts Commission had final authority on the artwork to be erected. Mayor Taylor asked if there were definitive guidelines for acceptable artwork. Mike Rumpf, Planning and Zoning Director, outlined the process for approving the artwork as stated in the Ordinance. Commissioner Ensler questioned the authority given to the Arts Commission to approve or disapprove art with such high value and suggested a cap on the amount may be necessary. Commissioner McCray reviewed the drawings and inquired if the chimneys were hurricane resistant. Mr. Rumpf indicated they are required to meet wind loads of 140 MPH. Mark Cohen, agent for the applicant, agreed to all 48 conditions of approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-066. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-067. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner McCray moved to approve Item XII.A.6. Commissioner Ferguson seconded the motion. The motion passed unanimously. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Motion Commissioner McCray moved to approve Item XII.A.7. Vice Mayor McKoy seconded the motion. The motion passed unanimously. Casa del Mar 8. Proposed Ordinance No. 06-068 RE: Approving an amendment to the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR), to Special High Density Residential (SHDR, 20 dusjper acre). 9. Proposed Ordinance No. 06-069 RE: Rezoning from Community Commercial (C-3), Multi-Family Residential (R-3), and Single- Family Residential (R-l-AA) to Infill Planned Unit Development (IPUD). 10. Case del Mar (HTEX 06-007) Request for a height exception of approximately nine (9) feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches (53'- 6") at its highest point. (Tabled to July 18, 2006) 11. Casa del Mar (NWSP 06-015) Request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. (Tabled to July 18, 2006) Motion Commissioner McCray moved to remove items XII.A.l0 and XII.A.11 from the table. Commissioner Ferguson seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinances No. 06-068 and No. 06-069 by title only. Ms. Zietler reviewed the requests and reported staff recommended approval as being consistent with the Comprehensive Plan. With regard to the height extension, there would be a nine foot extension to accommodate pitched roof profiles for elevator shafts and stairwells. Staff also recommended approval of the site plan for 42 townhouses and 40 condominiums to be built on 4.11 acres and zoned IPUD with 74 conditions of approval. Commissioner McCray commented a requirement that emergency generators be made part of the plans could be beneficial. Commissioner Ensler felt the design would be more attractive with a consistent building height and roof styles throughout the project. Jim Williams, Architect, concurred there was a combination of roofs and peaks representing the architectural design. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Kim Glas-Castro, agent for the applicant, reported there was agreement with the all the conditions of approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-068. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-069. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner Ferguson moved to approve Item XII.A.l0. Commissioner McCray seconded the motion. The motion passed unanimously. Motion Commissioner Ferguson moved to approve Item XII.A.ll. Commissioner McCray seconded the motion. The motion passed unanimously. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-071 RE: Adopting and revising Article 1, Chapter 13 of the City's Code of Ordinances to include a process and procedure for withholding the issuance of renewal of occupational licenses as a result of existing violations of the City's Code of Ordinances or for failure to comply with the City's Land Development Regulations. Attorney Cherof read Proposed Ordinance No. 06-071 by title only. (Commissioner McCray left the dais) Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-071. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 4-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-073 RE: Approving the establishment of the Boynton Village Community Development District. Attorney Cherof read Proposed Ordinance No. 06-073 by title only. Motion Vice Mayor McKoy moved to approve Proposed Ordinance No. 06-073. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. D. Resolutions: 1. Proposed Resolution No. R06-125 RE: Approving a Preliminary Rate Resolution for the Fire Assessment. Attorney Cherof read Proposed Resolution No. R06-125 by title only. (Commissioner McCray returned to the dais) Motion Commissioner Ensler moved to approve Item XII.D.1. Vice Mayor McKoy seconded the motion. The motion passed 4-1. (Commissioner McCray dissenting) Attorney Cherof announced a public hearing on the matter would be held September 13, 2006 in Commission Chambers at 6:30 p.m. E. Other: None Request for Closed-Door Session This item was added to the agenda by prior motion. Attorney Cherof explained there has been a case pending dealing with the original challenge to the fire assessment. In conjunction with the annual renewal of the assessment, a closed-door session was requested 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Motion Commissioner McCray moved to hold a closed-door session after the next Commission meeting. Commissioner Ferguson seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: A. Review City Commission policy on funding eligibility areas for Community Development Block Grant Program. Mr. Bressner explained the request was to review the policy on how Community Development Block Grant funds were spent by sub-grantees. Public service programs receive up to 15% of the funds with no restriction by the City of Boynton Beach for either administrative or salary. An analysis of prior years' funding revealed a range from very small amounts to a majority of funding are either administrative to salaries. The policy decision would be if any percentage of the Community Development Block Grant Funds should be restricted to administrative or salary costs. Commissioner McCray inquired if problems had arisen in the past. Quintus Greene, Development Director, replied no problem had been perceived as long as the federal guidelines have been met. Vice Mayor McKoy inquired if the federal guidelines had a cap on the amount to be used for administrative costs or salaries. Mr. Greene explained in many instances the salary is the program. Vice Mayor McKoy voiced concern with 100% of the federal monies being used for salaries. The City receives 20% of the monies for salaries, according to Mr. Greene. Vice Mayor McKoy suggested the City set a 20% cap on use of monies for administrative costs or salaries. Octavia Sherrod, Development Department, noted there would be other ramifications. She was concerned that the smaller sub-grantees would not be bothered to apply for the small amount because their service is people dealing with people. She reminded the Commission the intent of the CDBG funding was for the City to partner with other service agencies that carry out programs. The new policies and procedures requiring marketing for the services the agencies provide for the indigent and any restriction would limit their ability to provide the service. Vice Mayor McKoy asked if the agencies are encouraged to seek other funding to provide monies for salaries and administrative costs. Ms. Sherrod replied not all agencies are able to seek other funding avenues. An educational tool may be required for agencies to find funding avenues. Motion Vice Mayor McKoy moved to investigate a cap for the dollars awarded and then spent for salaries. Commissioner Ensler inquired if there was any correlation between the size of the agency and monies spent for salaries. Ms. Sherrod replied there was no apparent connection. Commissioner McCray contended the federal government would report any misappropriation of funding and Ms. Sherrod concurred. Mr. Bressner added the City has no knowledge if the sub- 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 grantees are receiving other funding for salaries even though 100% of the funds allocated by the City go for salaries. Commissioner Ensler concluded it was a question of the definition of services and salaries. Ms. Sherrod reviewed the criteria for the CDBG funding and noted the federal government addresses an entire list of needs that should be met. The City of Boynton Beach is not a social service agency; however, the federal funding encourages partnering with other agencies that do provide the social services. Ms Sherrod pointed out training and technical support is provided to the various sub-grantees. Vice Mayor McKoy supported providing more services in the community by decreasing the funding for salaries and increasing the funding for programming with other organizations. Mayor Taylor was concerned that CDBG funding was being used to develop the Heart of Boynton project through the CDC organizations, when the Commission had given direction that private developers take over the Heart of Boynton plan. Motion Commissioner Ferguson seconded the motion made by Vice Mayor McKoy. The motion passed 4-1. (Commissioner McCray dissenting) B. Reconsideration of stormwater rate structure. (This item was removed from the agenda) C. Reconsideration of arts fee code applicability to Boynton Beach Lofts site plan extension. Commissioner Ensler commented he asked for reconsideration of the art fee applicable to Boynton Beach Lofts and asked that the applicant explain his concern. Bradley Miller, Miller Land Planning Consultants, representing the owners of Boynton Lofts, thanked Commissioner Ensler for bringing the matter back before the Commission. Mr. Miller reviewed the computation of the art fee. He alleged the effective date of the Art ordinance did not, in fact, apply to the Boynton Lofts project. The additional fee would add $2,000 cost to each unit and each end user. He noted working $84,000 of art work back into the project would necessitate new plans, new architectural drawings, new approvals and further delays. Mr. Miller suggested the ordinance should be revisited and the 1% fee lowered with a cap amount set, especially for extensions. He asked that Boynton Lofts be exempt from the ordinance as it currently reads and if the artwork proponent would be required, that only 30% be applied. Mr. Bressner pointed out the ordinance would need to be amended to satisfy the requested reductions. Currently, the project would be subject to the 1% fee due to the extension. Attorney Cherof indicated language could be added to the section relating to exempt projects and the criteria that would be applied for the exemption. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL July 18, 2006 Mayor Taylor wanted to know how many other projects would be affected by the proposed change to the ordinance before voting on the change and he indicated he felt a cap was appropriate. Commissioners McCray and Ferguson agreed. Mr. Bressner contended the addition of a cap may require further discussion and a change in the policy decision. Consensus was reached to change the ordinance to set a cap on the art fee. Motion Commissioner Ferguson moved to table the request to reconsider the 1% art fee for Boynton Beach Lofts. Vice Mayor McKoy seconded the motion. The motion passed unanimously. D. Reconsideration of the motion to investigate lowering the millage to 7.0 mills. (This item was removed from the agenda) XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:40 p.m. CITY OF BOYNTON BEACH J et M. Prainito, CMC Ity Clerk ~t- Commissioner - Muir C~ --- ATTEST: udith A. Pyle Deputy City Clerk (072006) 20 LEE WISCHE 1302 SW ISTH STREET - LEISUREVILLE BOYNTON BEACH, FL 33426 July 18, 2006 THE CITY COMMISSION The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL Dear Honorable Commission: This is in reference to statements expressed by one of the members of the commission at the July 5th meeting regarding the procedures of nomination and election of the Chair and Vice Chair of various Boards. I feel it is pertinent to clarify the uniform procedure that has been observed by the P &D board. The "Newly Revised 9th Edition" of Robert's Rules of Order, edited by Henry M. Robert III and William J. Evans, in nominations and elections, reiterates that: . There are six (6) methods of nominations. . In most societies it is impractical to proceed to an election without fust making nominations. . Not all six methods of nominations are appropriate or desirable in average societies. . Any member can make a motion prescribing the method. The Planning and Development Board of the City of Boynton Beach by custom and practice and in harmony with Robert's Rules of Order, because of its "Small Assembly" characteristic, make their nominations by the board members from their seats. Motions are seconded by the members. At no time nominations are closed until the Chair asks if there are anymore nominations (usually asked 3 times). 2 All of the above clearly substantiates that a uniform procedure in the nomination and selection of candidates has been in place and observed by the Planning and Development Board. The necessary rules of order are in place and the rights of all board members are respected and protected. Sincerely, / ~ Lt~. Lee Wische Chairman of the Planning And Development Board ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Bul/dlng EngIneering Occ. license I ~ Deputy CIty Clerk- .r PROJECT NAME: RBC Centura Bank APPLICANT'S AGENT: Kimley Horn & Assoc, Inc. APPLICANT'S ADDRESS: 4431 Embarcadero Drive, West Palm Beach, FL 33407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2006 TYPE OF RELIEF SOUGHT: Site plan approval for the construction of a 3,920 square foot bank on a 0.883-acre parcel. LOCATION OF PROPERTY: NE corner of Old Boynton Rd and Congress Avenue. Outlot #2 for Boynton Village & Town Center. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 LHAS 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 terms and conditions of this order. 7. Other DATED: 7-~/-ob S :\Planning\SHARED\WP\PROJECTS\RBC Centura\DO.doc . 1 in. = 104.9 feet r(~;,r" ~ " L RBC Centura Exhibit A H ...... - 1t~\INoM5ooo"",,~.TU.t _ -., Me,.. JDClI 11;.-0- ItJ! W)iWl....... I::XHI~I' ~ -------------.-.----------.---.--------------------.---- f'~Uii::m:i9~m,'fijl ':"'f '"1".1,1 .," n,S '11111. 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LA-I ...)' 2t. 2001 12;~ ~)l: DwNnIc....... __.....________.._of_II__.._...-___..._._~_of__....__..__ ______....~____.._ ............_.... EXHIBIT B .d~~. ~~--~~ : : ,,'.., . . ~~t~3 "\ :. \tl1~l.'; : : " ~ ~ /,m.. (~ \ 1\1/ .. i~ .. II //:r~ : ~ / ~'Jt5 \ :: ,>.!.,.{ ;" .,;~ /:: I '. ~;i~.b-'" .. :;}~- I .. I r1h.0 .. 1kR' 'ffi .. 1*"'-...1" I~I ' .. i\$- I:: I \t-t) / .. ~:L~----'-" . . 1" W <.i.'j ~, :: : J~;>.:: ~ c D' ~. '... f~i!f~ ; r~g~~r'.. ~:" !' ~I=======, 'f:~\ [I A ;l/"h--;-'\ t 'ff~~6'J II liP Ilqm lq ~jJ Ifl~W P f. I'l ~ 1.1 · i l! II H,' i I I"JI If d I!. I .ii~iJl1'J'iff' IIrl HI!I;IJl~ 'HI ad ~ : i:J If~. -II' Ii If IJ' ~ 'ill "ii Ij if; pi f!i} Ii Ii 1,1 ,n III !I ~1'1 I' -1,( il i III III III If JI if I' J n ~ Ii J f II' il; f",f ill , f h I~:~ LANDSCAPE PlAN H "Jill f 11 t II t ~! nSI f' III ~ .f U i IJ 11 I -- I } f u. ii = I -.. ...::- t ..... ... -- IlIF'D 110 -- ... DlW 1lAl 'ii iff i II 'II I 'I · it II · oil I ~ .1.1, ,.. -I' "-I,li If 1111 1 IIi ~~ I f II B I ~ If, tll "I In I~ 'i (I" II i 1'1 12 , t'rf. lit" I II, II I I rr. J I" rpEl j Idl I t, , , J: t t Jfi i IJ · · , . . '. J I J " . . ;; ; .IU.~ " I ;f!.~~ ~ I c-~- ., J UiI j! I' nDJ , . . .-' '. III 1 II i ~~:t-rlll!n .1Re. .J{-~...-",~~ ,... .......... ..........." POt --- - ..,. ., , " , , , , I I , , , , , I , , " , , " " , I " , I I I , , , , " " " : :i 1 :' ,,' , 'I "1'/ ! :1 , " I' " ::,. 5 ! II. ! :Ud " I I " jJI~ ~Jlj ~ ~ ~ I 1 ~ II b If ~ ~ ~ ~ ~ - i EXHIBIT B i! I~ ,1 I' I Ii. d. '~lI ',- r ,I. · ,,'i II . tllf ~ I I -, , , I , , , , >-T~ I, , I , r I, r, , I , I , , I I , , I I '1, I I , , I, , , I I " , I I I , , , I , I I I , I I, :: I j is , I ,I ,. ::1 _ I, I, , , I, I I , , I, -I, , , ::::5 :rl , I' r&i! 111i 1ili I I ~h . 1 1 1 :z , 1 0 1 F -< ,J, :>- 1 1 ~ 1 1 W -. 1 >-" 1 1 Vl, 1 I. <s. -' :ti 1 l,li :i :1 II :,. 5 i I & ~ ill i 1 1 I " " " " I' 1 I I' I I " " ,I 1 I " ,I " '~ I' I' 1 I 1- I , ~ I ~J i ~ ~Ji1"'--:: II ~! Iil~ .... ~ EXHIBIT B j!h ~jH g ~ ~ I f ~ II liI~ :z o F -< :>- ~ >-" ~~ II I~ .1 II I h. .i. s:u ~J i, " I ~ i ill l : I : :, II " : : ~ 5 i il. ! : 111;1 II 1 II II II -LJ II II II II II II 1 I II 1 I 1 I 1 I , I 1 I II II II II II II II II :: ; i i 3 ~, i II II II I I , ~I I- , -' 1 ~ \ \Jl ~ II' !i~\ "II II~:I! i ill EXHIBIT "e" Conditions of Approval Project name: RBC Centura File number: NWSP 06-016 Reference: 2nd review plans identified as a New Site Plan with a May 30, 2006 Planning & Zoning date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. 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-l6(b)). 2. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid 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. 3. 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. 4. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). 5. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for construction X acceptability 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) and will be reviewed at the time of construction permit application. Conditions of Approval 2 I DEP ARTMENTS !lNCLUDE I REJECT I FIRE Comments: None X POLICE Comments: 7. A bank should include the following security needs: X . Height markers at main exit doors. . Install alarm systems. . For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing capabilities shall be installed above exit doors, teller counters and each drive thru lane. . Installation of money lever switches within teller cash drawers that will activate system in emergency situations. . A TM- Shall comply with F.S.S. 655-965 relating to Automated Teller Machines: y Shall be visible from roadway. y Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. y Shall install high resolution color digital video camera system. y High illumination of A TM and walkway leading to and from it. Lighting should be positioned so as not to cause glare of video recording. y Install and strategically place a convex mirror to allow operator of ATM to identify any approaching person(s) and/or potential suspect. y Drive - thru should provide signage stating one way only. ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments DEPARTMENTS INCLUDE REJECT may not be generated by the Conunjssion and at permit review. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 11. 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. BUILDING DIVISION Comments: 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 13. 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 2004 FBC, Section 1609 (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. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. 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. 16. 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. 17. 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: A The full name of the project as it appears on the Development Order and the Conunjssion-approved site plan. B If the project is a multi-family project, the building numberls must be provided. The building numbers must be the same as noted on the Conunjssion-approved site plans. C The number of dwelling units in each building. D The number of bedrooms in each dwelling unit. E 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) 18. 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, Conditions of Approval 4 I DEPARTMENTS !INCLUDE I REJECT I provide a copy of the recorded deed for each lot, parcel. or tract. The recorded deed shall be submitted at time of permit review. 19. 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 reVlew 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. 20. 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. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 21. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. 22. The signature trees must be a minimum of 12 feet in height and have 6 feet X of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article II, Section 5.N.). 23. Staff recommends increasing the amount and density of plant material along X the east landscape buffer to help shi e 1 d/ screen the drive-thru teller operation. This does not require additional landscape buffer width, just the use of more mature/dense plant material. 24. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip system), where possible. 25. The light fixtures proposed under the teller drive-through canopy shall be X recessed so that the light fixture cannot be seen outside the canopy area. 26. The Master Developer has created a typical monument sign, to be shared X with the abutting out-parcel. A sign easement for the shared monument will be required. The applicant shall comply with these sign regulations. DEPARTMENTS INCLUDE REJECT 27. Please provide, in tabular form, a breakdown of sign calculations for all X signage for the entire site, depicting the code requirement and that being proposed, indicating compliance with all code requirements. 28. Non-word depictions on signs shall be limited to 20% of the area of the X SIgn. Please provide calculation indicating compliance with this requirement. 29. No CO. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected and finaled, as well as all depicted sidewalks. 30. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 31. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. lAl'r7ttJL...I S :IPlanningISHAREDI WPIPROJECTSIRBC CenturalCOA .doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lakes North Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT'S AGENT: Fred Freimann, President, Boynton Lakes North HOA APPLICANT'S ADDRESS: 100 Redford Drive Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18,2006 TYPE OF RELIEF SOUGHT: Master Plan Modification of the Boynton Lakes North P.U.D. to reduce the rear yard setback of water lots from ten (10) feet to two (2) feet for construction of hard roof enclosures and from five (5) feet to zero (0) feet for screened roof enclosures, and for interior or non-water lots, reduction in the rear yard setback from ten (10) feet to five (5) feet for construction of hard roof enclosures and from five (5) feet to two (2) feet for screened roof enclosures. LOCATION OF PROPERTY: Boynton Lakes North (P.U.D.), east side of Congress Avenue between Hypoluxo Road and LWDD L-19 Canal. DRAWING(S): SEE EXHIBIT "8" ATTACHED HERETO. X 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 and conditions of this order. 7. Other DATED: 7 -c!1/-Ob S:\Planning\SHAREDlWP\PROJECTS\Boynton Lakes\Boynton Lakes North\MPMD 06-002\DO.doc . 1 in. = 329.8 feet ~ .. ((7.. \ '''\ - Y Boynton Lakes North Exhibit A ~I "-~ ,'v r-~ r_. .!zl._ j.... '" o -< % :veJ ',i'D z !". i' -t> Q ~ !~ ,., 't; ..> '" !"( <;j 0>'" !~ ;;j-l ~'% P '\ fl ~. . .. '0 . '" : . !!! ..; : ~ ~ Ip i .f: : < ~ > !!! ill ~~ ... ~ "'1:1""( f ~ ~ ~ , l:j 'i ~ (;J ~ ~" ~. :b. ~~~ ":; ... r~. '.. $). ~r~;;;:_" ; ; I I L i' ....~ EXHI BITB .. <; ;;; '" NC- '" ~ '" r~_ 51 -f "-.., NOT PLATTED. .,.-.' .' 4 LAKES BOYNTO,,! ....'.... BLI(D ,..... 3& 542.00 I. .:~<. ~ . ...:.....-.., ". ." ~~--..._- -- ~ C"i ~ l;:) ~ ~" ~ ().O) h. Cb~~ ~ ~ l;:) ~ C;;" ~~Z; Cb~ ()t)"b f l;:)~ C::::"'~ ~ ~ ~ <>, ~ ~ '""1 ~ <I) ""( l;:)..... . Cb ~ ~ ~ ~.~ :".- l;:)() .Q ~ ~ ~ ...... l;:) :Ii: .... :b. ~ hj E :.! I. s.~ ~i'I.J i. . "/ f!~ · 1 l;:~ I . t I'~ F '''I,r!i i/",'rr r I !. ~ f .! l ~----. ~ ~ I'" .""( ~ --- ~ ~ ~~ ~ / ~;e / ~ ~ / ~ . "",,"..:~...,~ ~ ... .. . :ti ~ ~ '- ~ :'lJ .Q ---.. ----:-.-....-- 084 " f J i ,. - 0 , . fA ~ . !! - ~ . I - " : 3: > fJr - > . - < [ . > !! ~ k ~~ t.. ~ ~ 1 ~p~ ~ ..... i b. ~ l ;,. ::: 't ~ ..;~ ~ ,.8 ~ f ~ ..... ~ b. -II. ::ll; r hi ~ 'I :."r~ . <0 t' ........... .-.t'_-.... _...._,'-~~._.. EXHIBIT B SEE SHEET NO. 2. , , , , - (; I I , ......L-_~I NOr I, I, , , I I I I <C ,0<:'", /' ~<? t I I ~ ... .'.10 .. I ~ '" ..j':.... i. '" 0 .-. -< ~ 2 :Il 8. .... i.1! 0 z i ... f- a )> bl i. " 0 m U> g ." 8. " tn r ~. 'p <b ~ 0 bl ~ <> '" ;.; Oi '" .- .. "'. ~ d " 0; ~ .. 0; ::; ... ~i~ ..lo, ,.a.oo' ~~lo.~'" li=b~~~ ~~ ~!:: :-1<\ ~ ~ . ..... ~... "0 ,. ..... <<' . >. " g. ~ <? J '<: .z-ry . '" ~.~ o. ..... '" <0 ;:z: g- Q) /:; -II. -I "" ~- .0 ... --------. -------.. ------------. -----. / . i I ; j a :IE i i" · i1 1;$ !:lll'~ F i i . [ fi i I ~1~iJ; ~! . t I n . . . tb ~ ~ ~~ ~:t :::! Cl <: ~ ..... Q) ~ C'). ..... 't Q)'<:'j ~ Cl C')~~ ~ V) Q)~ C')~'1:l ~~-II. <:~~ ~<:~ ~c:: :>11'l~ I" b. . ~C') ~~~ ~ <: C) "" ..... ~ ~ (Ij "b ..... ~ ..... ~:t ~~ ~~ ~ :'b ~ ~ '- ~ ~ ~.: ~::.. ~r. ~> l'- : 1[084 r.. r:- ~: t.' V, r( Po ~.. - EXHIBIT'.S ,. '. ~:' l. :';' fe, , L ~- .\ ~ \ .' ,- ~~: ....~ -9<"0 <9</C' .........<> "9<:",)', ,)', ~-9+ 'b..... -9....C'>- ~. ".......... ---- i -4 Ire ~ ~ <:) !!. 'i ;.1 F" :<: ;l! a h o.! "Ii 'I ~ ;;! il. l:; ~- <, r:: r""4cr e, 15 '" ..., ~ p r:- II .0 . '" ~ :=!! " .. > .. .. - z i;~:; : ~ ~ ~ 1'{ [ ~: ~ [ . !!! --- ...~ -;' ,,~ ~ .~'y v L ~ ... ~i I .',.i. . . .....= . 1 l'~ I i It ~ i~ i /1> '1= I ;1 b-- i f I ~ , ~ ~ ~ ~~ ~~ C') ~ ~ ~ ~ " ~ ~ ~, "'i tb....'i I"l ~ l>~,.,. C')~~ ~ ~ tb..... C')~"1l ~~ ~(:t& "'i~tI) ,.... ~ '" tb :-t ~ ;!! ~,~ ...... ~ C') h. ..... ~ ~ " ~ :t>: ~ l:o. ~ "'I 011. t.j ~ tI) 'i ...... b.. ~. (I) f ~ . ~ ~ ~ ~ '- : ~ -Cl:' fG I._~..- i {, n " I. "" . 0 . .'" ~ . Ii!! . > . z ! . .. : 3: > H[ : ~ < ~ > !!! , ~ i~ lb '-6, ~ H~~ ;!! ~ :t. .... ~ :(;1 ~ ~ ..... ~ ~ :t. l:l 01 ::.,; "'t ~ ~r~ '" ---.-. EXHIBIT B ~I!: '1~ ~~ ~ "'0, ~"" . 'll ~~ _1- ~~ ...~ ~.., ~ ,.,:;: ~h c::'"> ...'1 ~~ ~'" ...~ ~~ -. ~(i) ,.... .. . "" 3i: " h -. h. :t. "" ~~ ~ .~ <S . ",'", ~~ ;.l iO ~~!o, <ll ~ :;., 01 ~l.'l ~~ ~~ ...... ~"" ...~ ~, Q;1! a~ ~i5 "'I' :<... ~~ ~~ !:).... >0;"" ... ~ ~ ~ ~ ~~ ~~ ~'t ~~ :1) ~ f CONI;RfSS ~ 'l3 ~ -. ~ (120'R/W) ,.- NI.O!' .W ~7~~ T I '> ! ~ ~ ~ t) '" " 0; ~ ~ '" ~ ... ~ ~ '. .... ~ }.- ., .... ....oV(9: <:>", .>-~~~ ..".C'.>- ~~~~~~~t~i~~~~~~~~~~~~~~~~~ib~~~;~~~~~~~&~~~~~~~~~~~6~~*~~~~~~g&~~~~2~~~2~ZI~~ --~~ ----- --- - '.~- ---"---.-- -! ~ N~~wwwww~__ww~~_.___.,_w......ww ~.ww.__._.W.N~__"~. __w.....__....... WW ww__aoww___OO___OODDD ~DDDDOODDD_ _DDD____WWD WW~_ DO DO_ DDDODDDD~~NN. DO ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. ~. ~~~q~~e ~~~.~q;~;~~;~~2~~~.~~~;:~~~~~~=~;~~=a =~~~Rgq~~~o -~e~=:=~3~~.:~~I~ ~~~~~~~~~~~~;~~~~~~~;~~~~~~;~~~~;.~~~~~~~.~~~~~~~.~~~~~~~~~~~~~~~~~;~~~~.~~~I - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~;~~~~~~;~~~~~~~~~~~~~;~~~~~~ ~~~?~~~~~~~~;?~~~~~~~~~F~~~~F~~F~~~~~~~~~~~~~~~~~F~~~~~~F~~~~F~~?~F~~~~~~~~~ ~~~=~;2=~~S2o~=~.:~~~~~=~e.=~s=.e81=o2esa.~===:~g~~=~~;i~:I.~~~~=~x~~m~~=~~ -..-..........--......----...-.......................--.......-...........-- L--_.......:.--....lo-_ -.. . '. --'---~ , -ll .. n . - i I' n~ ~ '! I'~ q Id~i il t'i!i \' "' p- I I .' .J .! I- . . ~ ~ ~ ~~ 't C:; ~ '- ~ ll! ,.... 0, 3i: C) - '- 't tll""'.... ~ ~ C)~~ ::t CJ) tll ~ C)~~ ~"'" ~ ~ -l> ~~OI ~~~ ~ .~ I""'- ~ ?it ~ lb ~~ ~C) 2!!::t ~ '"'tJ I""'- ~ ~'t C) Il] t~ ~~ CJ) 't(Ja ~ :tJ !:::: !:::>> '- zz ... Q' ~ EXHIBIT B .-' C-oN6RESS --AVENUE ~ ". ~/20' R/W) i _iC-A-S51.rS.' ...,.,s's,- , ~75.S" 140.00 _ .c ~'..'" c~.,_vr !'" ;; .'; I ~ .0'; "' ... 3~~ S:S. '.. ~ \I) ~ ~ ~ '1 ~ -II. ~ ...... '" .. ~l. ~ t:l:rtt , ., ~ , ; I' I i 1 ~ ~ "lO' , j- l I. I ' "' fJ ~~ l . .0 .fa ~ : = !! :; a ! 0:: . a 1.1 '. . =: :- f ; : - ~ rrr . ~: !!l ~ h ~... Q) ~ I::l f~ ~ :t>. "l ~ -c.; ~ ~ ,.... ~ j:) :t>. ~ ~ ~ ~r~ (Ij i' '" , ~, ~~~~;~~t~~it~t~~~~*~~~~~~~~~ti~~~E~~~~~&~~~~~~,~,&~&&~~~~~~~~&~~~~~Z~~rEZ2~1 . . ~~~~~~~F~~~~~~~~~~~~~~~~~~~~~~~~~~~~~'=~~~~~~'~~~~~~~~J~~~~~~~~~~~~~~~~~~~~I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .~ e~s;.=e.s;s..~e=.~;s=.sq.~.-=c=~==.s,~u.;==:..~s.s.sqq.e..ass===;=~...=.=...j i.==a=ii==.=:~=ia=a9=d..aia~a.===i;'i==i=i~=88=i=i=issiii,aisaRaa:.:.ii;:;= ~~;q~;~~~~~~~~~~~~~~~~~~~~~~~~~~.~;~~~~~~~~~~~~;~~~~~~~;~~~~~~~~~~~~~~~~~~~ ~~~~=~~~~~~~~~~~~~~~~~~~~~~~~~~=~=~~~~~~~~~~~~~~~~~~:~~~:=~~~~~~:~~~~~~~:~ ,- --I ~ o o , I "b t I\-l ~ ~~ ~~ n 't~ ;~ "l.., \ I!- :t>. <: '" ~ ~ ~ ZZ ~! I-I "If dz . r ';I I · J I ~~ Flhl~i 2/t"11 Iii h- ~ f " r . J ~ ~ ~ ~d h1~ ('j :::! ~ ~ ,.... Q) ~ ~- "l Q)"'I:~ ~ <:s C)~~ ~:t c.j "'I: Q):t C)1::l~ ...... I::l ~ 10 c::: ... -II. a: ~~U1 ~~~ <:s Q)C::: :-t~~ E) l.: - ~C) o::::t:tl . ~ !;; ~ ~ ~ .~ II) "l '" ~ ~ Ctj I '" '" ~ ...... '" o . o ~ . <Jt ~ s:::: ~ '- p.& Q ~ -iJiiiiaY i L -- --f .... c- " ,I' .>] -....; )';:. <:. :>; h~ <~ l I f J I ~} 1 .. i .~ . 0 . rI> r- : !! ! . ~ I . ! . .. . k~ : - 3:: ~ ! pt - > . <: . > !! .. "[ ~ t ... ~ , ~ f r~ ~ -, h I ~. 'Jr~ '1 ti t iii ~ , t a ~ . : ~ ~ ,.... k' h ~ 01 ~ l" ~ r~ ~ i'" ... '" i' . '----:...o..'~.._...__. CONGRESS AVENUE ,~ 8. . .",,' .,...;t ;~':'~~~~~,d ~:'~~ ~ J ,::,). Jr' "v"- .:.:t ~ '~'. ~~- ~t ..... :.~. c ~..r. l_. ~'. . -...;.. EXHI BI'T B /20' R/W ,~ "af ~ 1 \' \ \ "\ \ < ,~. "", -,., r; h ..~\ t ~ \ , ~\.~ .!i ol..,.~~~~'~" l' .., . ;.'PJ.O "8.1").()!r ~ . _~ ~ ~.:/' _ ,::/ LC)d - <51" '8J " ~,. - vot' o~ ...'~. - /"./ /~~'!'.<t.51jY'-- N,"NAb", "<>/' ~ .~ ~ ...; '-\ ;S zz ;~~ ~~ '1~ ~~ ~~ ~b. i~ ~lil ~~ Q; . "'~ ~I ~.!;! ~lJ; ~b. ~I ~ i;!>~~ lil \~ ~! ~I ~~ ~~ ;, ~ ~~ ~... ~~ ~!: ~ I ~ ~ ,.... ~<').~ ..... '1 ~'"<: '"'l <:l hI:)'" <')~~ ~:t \I) h ~~ .'<<')I:)"'ij I:)~-t.. ~ ~ ~ ()l ~ ~ ~ \I) . ~ g ,,~:-1 ~<')2= ~:t ~ ---- ~iJ" 0 . - . i. : i.li ~~ I I t I ~~ ~ 1. .,_ a . t'! : ( oj i I il'! ~i '0 ~ f i oJ. . . ~ ~ ~~ ~:c:: ~ ~ I' :b. ~ (tj '"tJ I' :b. ~...... ~ -. flJ ~:t ~~ ~(Jt , :"b s:: ~ '- --- i ~;~~~~~*t.~*~~;i~k~r~~~t&~~~~~b~~~~~~~&;;&~~~~~;;~2~~~~Z~:~Z2ZZ!~~ i;~~a2~~~~;~~~~~i~S2i~~~~ii~ee~E~!~~~~~~~:ii~~~~i~~~~~~~~~ttss~lg ~---~---~------~~-~---~----~~~---~-~-~~-~~~~-~-~-~~~-~~-______I ~ - . " l< ~---i-.a--S-~.._'---S'..'S-8.ai~------------S---'..S'___.~_._~~_ _ ;:m~~~~:i~~~~~mm~~~~~~w~~~m~~mmw~~~~~~~~m~m~ ~~ . ::~...:::~ ~::::~~: p~ :::::;::~ ~~~F~~~ '!-r'~~~!" ~ ~;:~ ~ ~p~~ ~ ~ ~ ~ ;;~~;:=f'~ ~ .e::::;= ~~ ~~ ~~.::;;::;:p: I? ~: i~",.!!::;~:::"~ ::t8:::l~'::l:rs.e;~1J ::::1:.t8~ ~";";:;:!:::i !!:;::~ '::v:;:.:; :f9~:::: ~= e':::-::l!:::J: :.W!~~S: ~ .. .,. -. ... .,.... f . .. . - . ,. i . - . I . - -r . . . . . ; f . . . .. . i . . . . . - . . . i . . . . .. ~~~~~~~~~~~~~~~i~~~i~~~~~.~.~~~~*~~.~~i;h~~~~~;~~~~~~~~t~~tt~~i ~ ~ - .. ._~.W__Q ....' _. ~ I r. ......... 'il . ... ... ---- -- -. ~ mmmmmmmm~~_mmmm~mmmmmm~~m ~ c U8~= :;:.::.""=::::...asn===;:::s..:;: "'==;~"=i it:: =e;:..a a '!>o::'--.::, _== ~ n ~ i~~.~~~~#.~f!>!~~~ ~~~~4~~~:;~~~~f!'!~:;~;~~~~~~~~~~~~~~:;~ ~.i~i1J;j,,=ri~~~ ~ ~ 4~~~~~~~~~~;~~~~~~~~~~~~~1;~~~~~~~~~~~~~~~~~~;~~~~~~~~~~~~~~~~ ~ '-. ~ I:ll ~~ !lJ:t ':1 ~~ ,... ~h "'. '" ;J) '" '-,> ~: '<> " it: Cb 'i l\>~ ~. -\- . '? ;" e- I L i I' I I i ... I ~ I ~ I NOT IW:JmJt JI:lur), W LNIfE . SLtTI(NI/ . ~ .... ~ f m : : ~ i .... r ~ I ; ~. III ,. L II ,- .. ----~--_.....~--...- --' "i t"/fd: ~ 1 I"" r t I~; .. ~ ~ II il~ ~ ;1 ~ . I g i ! !'J ; t . i i " ';. ~ '.. ~ :a,. 'I: ~ ~ .... ~ ~ ~ ~ l'j :::! ~ ~ roo- ,... Q) ~ ~ ~. .... ~ "'1 Q)'I:"'1 ~. ~ C)~~ (Ij ::t: c.; ::t: ~~ ~~ I ~~~ (:l~ ~~!tl . ~ '- ~<:::: :'tF>l~ I'> ,... :a,. . ~~ ~ ~ ~ ~ ~ 't ~. ~ ~ ~ tI) "'1 0) '" :'b s:::: ~ '- ~ ~ =: Q EXHIBIT B ~ ~ _/Z:1' ~~ ... ~ i \ ~ c~~o_ \1 ~ ~1\ ,.; \ ~4' 1 ,,1 I- \~ t ?L.,.., ~- t /:- ..--;. f/ (; , , i ).~ !:. {"57; f 4 P ,<>. -.: 7.~~' '8'': 'Nf~;:~:;:;;':"~:~;:C. :~:;'." ~~EVARD € :~ ~ ~_.- ~, // / / /", ---~ I/" I I // t~ 1/ // ~;!. / 0", < / II A / II "; / '" I / ~ /\ ,-~ / \ ( V;;' / \ ) / /"-- / ) /", .> '" / '" / //"- Y /'~ / ,'-... - /\ ~. \ -\\'" '\ \'''' \ / \ // /' .2 ~,~ 00' ~'::JC : "... \ :~ N 4"49,~..,i " .......,':u.. " ~~ 1 .! 0' ~1 :'1 I \ \ ! 't \~ * I~ !i' :\: <:> 81 \ I \ \; 1.1\ I'>) I'>) h, .., ~t- ... .., 1.1\ ::z:. ~ "1 ~ -II. >0. ~ ,,'" f J l ,(, ::~:r 4.,'7'"5.2,..- l~~~ '" -49M" r ~4 C,4 A' 'C' e -, " I ,_I ~l I -I .. .0 . '" . ~ . . > . Z' . " . : 3: ~ ~ E , . < . ~ lir t < - . - c; O. \ \: ~~~~t~~~t~~~*~~~~~~~~*~~k~~~~~k~~~~~;~~~~~~~&~~~~;~~~~~~~~~~~~~~~S~~lZ2~r~ igii~.~.~~~~~~~~~~~~~~.~~=~~~~~~~~===......i~~...~:**..-"=.....--......~I~ \ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~;;~~~~~~~~~~~~~~~~~_~~~~~~i~~~~~;~~~~~~ I~ ___=;_~___S___S._S__~_.:OO..--~_e2=S-~Oaa80-~--O---O-Os.--~eOs~---.l-.-.~5 ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~=~~~~~~~~~~~~~~~~~~~~~F~ . 00' '" ~ ~ <;) f ;!~ ~ h ~ "1 ti ~ .N_ p.... ~ gg,8 8, ~ ..... ... ~ I' ~.~i.~. h 0) ~ ..ll.~.'. ~ H~~ t~~~~~~~~~~~~~~~~=~~,~~,~~~~~~~~;;~~;~k~~~~~;;~ct~~~~:~~~;'~;~~e~~~~~I~ .......-......,..............--.......................................... .~ -'''''~.~:~~:t"?p. E 1600.4'3' L--:..___. _. '._,-/':'~"""';"~__J .~ i\ z;nrJ . 0820 . \ \. \\ ~ "b ~ ~QQ"-- ~ '1 ~ ::x: ~ "( \ "b ~ ~ ~ ..... <:: ~ '< ~ <;) C') " m .. '" ~ ~ ~ ..... i \~ .. e ". I" I I I .. 51" ~ :~ :_~~ I I \~ ~ \: ~.:; ~'~ ~ ~ ~ ,~ ..... ~ ~ 1.1\ ~ ~ l}! ~ I" I' ~ b.. it ~ "1 ~ ttl~ "i ~ <;) <)<;)~ CIS :t">1~ ::z:. ttl~ <)<;) <;)~ . ~~ ~ ~ti u, 3~ ~ ttl~ ~ :>1~~ I" I'" h- ~<) b.. i:S::t:~ h A 't ~ C) I'>) -II. ;e: ~ ~ ~ 1.1\ "1 0) ~ :'b s::: ~ '- , I ~ ..... , <i; Z .0 :l:~ .\ ~ I~ \ ::: \~ \".. \ i \ L- ~ \.J\ 8 II .... p.I. t-l EXHIBIT B t': ;, .... Q> ~, 'l' ~ , ~ ~ ~ i ': 0 I "0 I' II ~~ i . : ~~ {IIII~ ii ~ ! h- o ~ J r ~ .~ k I I I C I i~ ! , '~I I"'I~ h' 'I~- -" f p(j'S /] (J ..V/\i :rc IV L. .Ll i(E.-S ;.. .~.,~ 7" .,vc .p /:l r~ (.1 .. ~ ~ ,.... .. ~ (r, ::t ~ h, 1'tj 'i "; ... " ~ .. ~ ., ... ~ I, ~ I '" '" .. f r z. 1 .. S' E' E' .0 S..y~~7' .-r ~S . .. ....~ . !!! .. i . . : ~ ..f,;;, . > - " "" ! ~ :J: . . .j :>- f r - !; . . < {' < .:>- !!! lI) ~ I:) ~ h, 't 't I:) ~ ~ ,.... ~ h, 0\ ~ (;j I I. ~n "':: -/ ~- -~..~----._- EXHI BIT B "H !~ t :t;. ll- I 'I ..,. i ~ . ~ II I ~ p ~ I i I i ~ "'<: ~ ,.... ~ I:) ! I I I. II:) Ih, II:) I I , I .til~J i . II: =i I J ,;, . II t f .i ili/"H- ;. i' .! I fI ~ ~ ~ ~ ~~ ~~ ::::! ~ ~ i1! ,.... <II ~ C) . ... 't <II "'<: ~. ~ ~ ~ C"') ~ ~ h. ~ <I) "'<: ...~ C)~"l) ... ~ ~ 19 ;e~~ tI\ ~ ~ ~~ "'I~~ ,.... C"') . ~::t ~ ~ ~ "'I ..eo. l\j ~ II) 't ~ " ~ 't ~ 'BOYNTON LAKES... FTAT Na 4 PH 4.0, ~'-;s. /7.9-.... /82 ~. .ilt.~ BOY/IrON ."",,' ---" ~-AKES-~L1;n~~--8-t-vB-:----.~__ " ~ ~ .CIj ~ ~ ~ ::$... ~ s::: ~ '- = to ~~~'::,' .., ~..... . ". ~.' ""< ~ .~ h~.: '- .;,'. f" ~ po ~.j:,~-'- ~.'...' I ~ ,'. i:; ~,. e. , :)" I, f ... EXHIBIT B /42 ~ I , ~~ ~~ ~'1 ~<:) C)'l) i\ 'L "lr. em"-; ---- + -=:: f /79 ." /82 L A XES ~.. PL.4 T .Ili{). 4 P B. 4::" I PO S :lJ I' h ~'i .... ~i .... l'o ~~ ,,;l! .... "'., ~~~ :"'t~,.... Cb ~..~C)' ~~ "- "::I '1 "~lb '"'( ~ ~ii~~<:)~ .... ...~ '"'(...~~ 'l~ - :;!"'...... ::t ...."~ lb ~ \()..... C) <:) Qli" <:)'"'( ~ \()~a~~<lI " I '1 <:) a~'"'( ~ tJ) ~~- <:) ..", lb <:::: ~~ ~ ~~ ~:b ~ C) .,~....::t =b ..e~ :t.. ~.. ~ ",,,, C) "" "l ,,~ h ;:l~ ;!!:li ";l i!!.. J1" ~~ :::::!", ~~ 0) I h I tb ~ ~ ~ ~ ~ (,.1"- ~h ~~ (J) , ~ ~ t:j '- r ,'ii .4 ~ .::.? 0""':1/ l{:.~A,/ .4 ~4.1-~~ P'8. .~.:::..":> 1" '""00' so ~.E .. - 0 . .. 5 : ~ ~ . . ~ 0:1> '" g i:~~: a:: )0 ..-. > ~ - !): . : ~ ~. ~ . .0\' e P~.4l" P,s.s: .-110. 0.... /(,:;.9 .... //i? a. J 0 t] ~ :l 2Zl ::. :~l.f1S \" ~ . 1 . ~ . f 0 i . S I "" j; II tf ~ i\"["r " .. I % ~ ! ; ".! .. I ~. ='. .. ~ ~ ~ ()) EXH IBIT C April 4, 2006 Mr. Ed Breese City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FI33435 't\PR I ~ Dear Mr. Bresse: nr ~; ",_ .. The Boynton Lakes North Homeowners Association requests the following: Modification to each of its master plans to allow the following: Reduction in the rear yard setback for water lots (those abutting a canal or lake) from (10) feet to two (2) feet for hard roof structures and from five (5) feet to zero (0) feet for screened roof structures. Reduction in the rear yard set back for interior or non-water lots from ten (to) feetto five (5) feet for hard roof structures and from five (5) feet to two (2) feet for screened roof structures. Justification: Lots within this master planned subdivision do not back up to one another or share a common property line, they either abut a water body or common area owned by the homeowner's association. Therefore, no building addition associated with one property would encroach upon another resident's property and appropriate separation between residential units would be maintained. The relaxation of the rear setback will allow for reasonable expansion of the homes within our subdivision to meet today's needs for our families. The intended expansions would nou encroach into any drainage easements, therefore we do not believe the drainage as designed for the subdivision will be affected. The utility easements at the rear of any properties are simultaneously being requested abandonment, since we understand that no utilities are located within them, as we believe all utilities are located at the front of our properties. We understand we cannot encroach onto any drainage easements or tracts, or any common area of the HOA, and have no intention with this request to do so. Lastly, a portion of our subdivision (Lots 6-23 on Hastings Ln.) received approval for a modification to the master plan in April of 2003, 100 Redford Drive ~ Boynton Beach, FL 33426 561-439-9859 Fax 561-439-5835 Mr. Ed Breese City of Boynton Beach Page 2 April 6, 2006 which mirrors our request for the rest of lots abutting a water body. We believe the proposed amendments will not have an adverse effect on other property within or outside our subdivision. Very truly yours, ,...,~~. . ~~/' .... / ~~~- =-- .. Fred T. Freimann, President Boynton Lakes North Homeowners Association Enclosed check # 0272 - $500 EXHIBIT "D" Conditions of Approval Project name: Boynton Lakes North File number: MPMD 06-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 I DEPARTMENTS !INCLUDE I REJECT I Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. ~ I I I S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes\Boynton Lakes North\MPMD 06-002\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. Licenn Deputy City Clerk PROJECT NAME: APPLICANT: Casa del Mar Lancore Nursery, LLC (Merv McDonald, Managing Member) Ruden, McClosky, Smith, Schuster & Russell, P.A./ Bonnie Miskel, Esq., and Kim Glas-Castro, AICP APPLICANT'S AGENT: AGENT'S ADDRESS: 222 Lakeview Avenue, #800, West Palm Beach, FL 33401 Ie DATE OF HEARING RA TIFICA nON BEFORE CITY COMMISSION: JUlyA 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 42 fee-simple townhouse units and 40 condominium units on a 4.11-acre parcel in the Inti" Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: 2632 North Federal Highway (see Exhibit NA" - Location Map) DRAWING(S): SEE EXHIBIT NB" ATTACHED HERETO. X 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: DATED: 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 App1ic5V1t v" 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 Ne" with notation Nlncluded". 4. The Applical)t'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 terms and conditions of this order. 7. Other S:IPlanningISHARED\WPIPROJECTS\Casa del MarINWSP 06-01 5\00. doc ~ .~ v ... a E;j 1 In. = 164.8 feet 01 010 0180 E;;j f;j 0200 0290 0080 0050 0060 -.... "'-' --.. ........ '-'.-. ..-.. ..- "-' .-..-..-..-..-..-..-...-.._.._.._.._.._.._.. _. ._.._..._.._ U_"_"_"_"'_"_"_"_" 0010 SITE 0220 0250 0010 0080 1200140 0160 0200 0280 0310 0550 0400 0331 0520 0480 04600440 0380 0350 0900 0920 0720 0760 0780 0810 0840 0860 0680 0950 1 1090 1250 1180 116011401120 1060 1030 , ' ~. '/' ,.' ( --.-:J' " . ,~ '\ . \ii) I ,..~..'<0 1 I,., f'. \:...1(,- 0070 0990 EXHIBIT "A" - CASA DEL MAR LOCATION MAP _ FLORJDA EAST f:< VAST RAlLRa u.s. J ) STATE liO.4/) 5 (r~U f7D1'g ~;:- d . ~ ,:,,-o'yr) .-.... ., gllll : C!f i" , ~I ~\ " . gill ~ : [ill. U /11 ~ ' t 11 I r----..-.. ~iil~ ~ ~"'{~ ,I~ "~ ~ tl~' I i!f- " iE. ~ .ill itl ~ l~~ ~ u~ !~~nf 1m. !~~ i;t tJ I !:: JIIJ -- 1/ rtN~ rn.'--l II [!1II .-;.- I I I~ ' ~. 1f ~ ~ / -l-." ~ if" I ,1 r~ r T~~. .J~ .~ ~ ! :~ _'1.' i , - - - '1 ,,..l : IUfI ii. - 1:. 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II (I III JII 1'1 Illl".! ;.1' . II!' ;! II 11.1 I" 'If ,~f 'I c -:11 -ie!;: I:: I · . ~ I n I J ! i~.~ .:!I;S;3;::r r I i i ! ~ - i . i . n :-![- i - li:Hi BH HUH I i I g'l ,. ~ EXHIBIT I .. ~ "Il~ III' Iii ,.1 '--- I ;.i ! !I I I I ! '. iH ! ; it HI !. 112 . ~ ~!i~ :11 '1 'II'! 1 ~ . I S . .. I I III LAKE DRIVE ~ (40' RIGHT-OT-WAY) -, ~ I-=-- U I""" Ie 9 !':~. ~ ~ -: ~ ~ 6 . I l ~ I I . I I 'I CASA DEL MAR II~II; 1111,.111 ~!~t IOYNTONlEACH,n ~II: JI~ J -:ics fi LANCORE NURSERY ~~I! iW'. J~I ~ i IOYNTON lEACH. FL .~1i5 E M = CI -CIII$HoCr~_~IoI'I'OTT.W1~~____~......._____ tlO_OI1'M"'I_~O!l.DW_""'''''~-OOI'ftDlH_~_1''lQ'''''''wrntovTntl_''''IWN1"nHc::oHl~c.ClID'_A''AIlotfTK'n.'H<;. IIi 'I UIII' IU 1r~11 L .J N "'" . ____=:~ EXH IB IT I I I I ; I ~~ f f II I i! ~ ~ ~I ~ I~: ~ ~~ 8 i~ o i ~ t i' ~~ . : ~ l.J al~' ~ ~ ~ ~_. '.~I.~I..,. ~ fifirif.d I . . . i f ~ i lBi~6 GEl13El8E1B ~ ~"~'.~I .~ j-;l"tIUII Hn ~ I 'ii.til~" III~ i~ II ; I" ~ I · · · I',l i I II i II ~ . ii: if: ii~ I~ & ~ 0 c il il il > ~i illl n 11111111 i C~A DEL LAGO I~n; 111',11 ~i~t I >'" i~ ~~;~. IOYNTON lEACH. FL u~5 IJ~ I' :~3 ~ ~I e ~~ g II i lANCORE NURSERY ~II~ ;,;1*11 J~~ I ~ h h~ t t IOYNTONIEACH.FL oHS M~= I Cl "'QIJ1I<<:'(~-'j'OHUo.c.on.""~..o.c..vIIoo.'Y,<UOIoUO..o.a.cMl'nICTUWC....o.u~......._ l<<)'AJa"~"lM&M~l1..oU4.o.......oN.-'''N'''~_OlM'IeO'''Uft__~'tM.I_~o-n.nOf'''''''''~.-.e. ~~ ;-1 ~m ~ ~ o z ~~ ~'" , r- ~~ ~ o z ~ ~ ~ ~l: ~~~~~!~E~ . ~~I\~~~~~~ S ~ ~U'CIIU'Ulf#"H'~ f ~i~~i~~i~ . ~ !i~;U;~~~ ~l: ~~~~~~~~~ ,.." . ~~;~~!~~~ . ......~...............:i , ~~p~~~~~ b ~)l>i::.~...~ . ~ ;~~n;;~a .... ~5 ;~ ~'" r- m < ~ 5 z w F ~~ 'I .m ~::;:; < ~ 5 z lo !'~!'~~~~~~ ~(II:'HJI"'V"'- . ~~E"~~"~~ . nl~~;;~~~ ~ nnnnl ~ lO ~~~~~~~~~ ~ · ....~~g2U~ ~ . ~~~~~H;;~ ~ ~ iiUUih !! 1 ~ ~I: :~~ ~ I EXH IBIT E 1 r-#' rl rr... r .... ~ ~ f ~ n ~ n ~ f S-U .r ~J> 4z j r-#' I ..., - ~ ~ ~ ~ n ~ f u . ~ , " ~ ~ ~ f ~ ! . 1\ ~ l! " . ~ l T ~ ~ ~ ~ I ~ ~ e ~JE ~ . C ~ . n. ; ~ , Z ,~ . e .:>- i =i 'S ~ :1 ~ c OJ z ~ =i J> 7IJ OJ l"'1 C J> F :: ..,..'" g () ~ ~i"Z hm !i P' J> f ~.m i .~ r ~~qC) !: ~~ ~ ~~~() ~ ~~~ ~ .. ~ ~ I jjl ~ ~~ I !'I Ill/UUII Ii l~~i f CASA DEL lAGO I ,EI'; 111.1,11 ~!~t 100000N lEACH. n ~, II II =::t~ lANCORE NURSERY ~d! ,;U,,; J5~ ~ IOYNTON lEACH. FL 6~S& ~ ~ z C -~~~o.rrvn'~-~~IoU-.n"---'_"'0f'1'MUI.......ftNtI.____"~_~"IM'r'-"""""''I''lOn'h.~ntI___'''""'''~''''''''''''~1foIC. !! C ?? Z =i i~ J> ~! J> 7IJ l"'1 J> () !!t ~ !:q () ~ , I ! I t ~ " ~ ~ . l! ..., I ..~ w... " " " i " I, H :' I' I' I' I' II , , " . , " ~ I " , " , :: ! " ~ . " " " " " , " ~ " " " " " I " " " ; " " " , " II " !~ " " " ! " ~ . " 4 " " " r L____ -------JJ L ----l EXHIBIT f I I i i , I I I i ~ I ill ~lli Ii II UI! I I ~~NEB~~~O 11~!li 11I111 ~i~t ;..... h ~ D i I ~ LANCORE NURSERY iile Sua.. J~I ~ ii lhi ; BOYNTON BrACH. Fl nn I :! ~ Q _~jOItN~IOfC'U,....-o'n._~~V_""'="~"""'-.-n'I"""""" MO_DII~-""'I'I..oUOl.___M.I.,""__ClDf"I_"'~_WKA-.-'tf'rTMOU1:_"""-.rn-~~"'-"'~I+<<:' EXHIBIT ""' ~ ~~ ~S ;-i ~m ~m ~~ ~~ ~ ~ ::1 z z ~1. ~ ~ . ~ ~ ~ ~ ~ ~ "~ /I. ~1. jI!~ " ,llp - ~o ~ I! ~~ . !:!:!: ... " q ~ i~ ~g =0 e~ i~ ~~ ..... I"J II'" ~ '" m ~ <5 z .... '" o z -; m ..... m < )0- -; 6 z f. r "" OQ ~p ::6 ~g ~;! ~p ..~ ~~ ~ I ~jl ~ il I !Il IIIIUUI~ If lhll l> ..., "" ",., ....... t n EXHIBIT ---~ I n u~ i n 1- - ! I ~ :; ! ~ > ~ ~ ~ -" ~ . 7U . E L '. j ..., ",., - r 01< -, .:iil' ;';' q , c ~ ~ ~ = c ~ -~~ ~ (y ~ -< -< c Ol J> Z o~ =< J> J> 70 70 zO Ol f"T\ r~ () C J> J> ;= "." CJ 0 ('l ~ i! E Z i ~: C !H J> f ~.2 H. J> C1 . r r ~ ~q :: ~ ~ ;; t: 0 ~ ::~~ ~ ,-- 0 , . ~:" !-I' !-I' ~ I ~!!I ~ ~U I gl I. I 1111 !!!II~ u l~~f I CASA DEL LAGO i I~II; II!I,"U ~!~t t toYNTONJEACH.fL U III' II :~~ I lANCORE NURSERY ~~!! ;tW~1 J5~ ~ ~ IOYNTON lEACH. FL s:hG M ~ = C _~~J'OHU.lIoIn7n".W'll.uA.WI..~__~NC;..At..I.-.n_~_,.Ot'no.-...-I'\.AHt.OllJ>U.lOloU-'T"~__COI'Ito"__~~nu_l~~___~1NC;:. ~ r---- , ~~ I .~ i L____ r (fI1 00 o ~ I !9 ~I !V ~~@ w ..~ i 1'1 'I CASA DEL !AGO I '~Ui lI!m ~ i~t BOYNTON lEACH. FL u- IJlli' =~~ I IANCORE NURSERY nil! r,II'.; J~~ ~ C BOYNTON lEACH. FL G~ l; .. ~ = C -~~ION'II...-.on'''''''''''-'~~~M4~--...a__CN'''''''I~n.-.Oll____-'''''~_~'''_'''''''~~nn_~~Of~~MC. -------, ,I II I' I' II I' I' " " I' I, II II II 'I I, II 'I " II _______J IIII UIII' ii l~~r I II II II II II II II II II II EXHIBIT B n H~ " ! , : l ..... ~& ";>oJ ~-i ~:r ~~ ~ (5 z ~~o 5 -= ~ . . ~ ~ EXHIBIT "B" tv ~~ ~-i ~m ~r- ~ o z I1iI IQ] ~ ~~ -\ t'~-=-,= .'~'- -,."-..,J ~ i: ~ i~ ~, ~ ~ i~ j I I lill Ii ~ ~ m e! 11 , ~~: ~i::~~ ~ ~ '! 'i" .... !~ i < - ~ t ' , .. 2," ~!o ~!. ~!, ,3' -rlTl'" i , " l t ~ ~ S ,!i.,!i'.!i', _ l'i"I"i';" I ! ! ! It t ~ ~ ~h ~I~ ~I~ .. : I I I '!' ~ I B;'~ GI3E1E1BElB i~~~:W'11111 0 I i1~~I~11i Ii n 5 I H i~ n q n ~ ilt n II i ~ f i II & ~ 0 H ~~ ~ f~ ,~ r--- I --- I I i I I I I I ~ Il!~ II 1IIIUI!I~ I ~~NEI~~~O II:!'; 11I111 ~l~t tv &d e ~t II ,I i lANCORE NURSERY ~~U rl~I'11 In...:::! ~ a ~ h l~~ ~ ~ IOYNTON lEACH. FL ~~&~ I ~ ~ e .....ClII'MCW',oM..-.,otnL-.on.WI~~oo,"_AlICOtI'nC'tUNC-ALl.-..._ _......a-Of'T1't_IDC.o.J,. f'lNol.._____......T..--...ao_oon_...___~~TtUI.........~~OItCllf_..._fnCn.1MI:_ b II ~ ~lIr ~ II. ~ ~~~~' ~ ;Jml"ir;;," t b IJIJ. IJIJ.~ ~ $ ~!'mIlmm /lHm ~ r;"'" i ~ rEIH ~ ~ I!~ ~ ~ ~I I, ~ ~ ~ ~ ~i . ~ $ ..J3 ~. t l> i \\. __ , i~: ~~:~:~ i, ~ ~f;t-..~_ Ii. ! ! " I. 'i ,i · S lI!' ~ It!:; to ~ }6~. -~ ; .. ~ t,1: I:~i!~f:d!:: , Il ~ h " ~ ". " I.. ; I I i i !" 11'IUffl' : ~ ~ fi l~Jf I c ~ I~dl ~ ul EXHIBIT E I 11I1111I IIIHIII ~ ,,~~~ \ IUUIII ~ ~~~ , , './1 SZJ ~ rszJ ~) V, VVV , .~~ I--- ,.-- ...., -~ ~ _.4' '" - ~~ ~"' ~~ ~ 5 z 11 i i i, i; ~ \ ' . ~ ~ Iii H ~ .' L. ~ i~ ~ f j.. t. i ~ ~. f~ . I ~ i~ i . p; r; I ~ I!;;j ""-r If \)(1- ,--.4\ I ,. l ~D1I ~ ~ ! I~~ ! I~S f rmm IJ IJ . @ EE~~ . IT' ' 1 ~~~ ,. $~ IrW,H ~ tF~ t~~ r~ r~ oi]l ~ ~ 1i~t8 IltSr IIIJ IJ [fdal ~ i I~ ~ r~ . !~ ~'I;1 I. 'I 'U 11i I,' ~,>- T:i~ ~ i ~ ~ /9 9 m:J 8 1'!~5 8888888 i ~ af In III J I ; ~ i III in II I P ~ ~ll II, i I ~ lal & 0 CASA DEL lAGO 11~lli 11.11,.11 ~~~t BOYNTON BEACH. FL r~ II I' -::::t LANCORE NURSERY ~d! riltl; J5~ i BOYNTON BEACH. FL o~n l ~ ~ 2; Cl "'~~""'MWOTT._u-..-.......-..~llU~____o. __OfTM....IOI.U..~...--"""'..-'OO_G:IftID...._IiONll.~wnMOUT...........~~_........~1HC. ~ I I ~ --- - - ------- ------- ~ ~ ~ ~ ~ I ~ ~ I I ~ : r , .. .. '---r ,J, i ~ ~ --T- J, i l-~---T ~ i I --- ---~----+-..-.... --- I ~ I ~ ~ I I r I' I I I ~ I ~ ~ I ~ . . ~ ~ ~ ~ ------- - - - ------- ~ . ~ !r . 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'I:::' - ~ - - I~-- - /' - ---i~- : --- " \" 8~ I , ~ D - ...,.. @ l~ c @ I@ c , , ~ , , ~ ~-i ~-i 0 l> .... .... ~ l> 1-- :i'U 1"'1 )> l> i Ii ~ i Ii ~ ~ !:!: ("l !: !:~ t) !J' !J' - 10 C ~ ; ~ ~-i -- CD .... ~~: -. . ~ .. ~I ill l> :i'U 1"'1 l> " "E i? : ~; r , ,() !l' ~ ,; ~ ,. g,t _ ~ ~ -i () l> 1"'1 l> t IE () ~ ~; ~ :" :000 !l' -- ,,;. t:;J ~ , - . . = . v, ~ >v , ,~- -~-i~ ,vL ~i - I:---! l=j ~- ! L L ~~~- LJ J . >_ I l~VL ~i - 18--, -.5 ~ I : .lJ '''' i5'lu. J 'I ~~- ~L~ , ~ m" Is [i-o/ti c; I~ /m )<>/ -- 8 A! I ~ ' - ----~~-, "I'~----- k / X ;::j~;",' ,,_ r . h~~l~~r~ ' I I , / k ,F'll J " - - - - ~ 'K) " f ;;'" I - G- - I !:i ))< I ---I~- / - I .7 :1 ~A ~ --- / ~ y'<. , . \ \ 7lJ~ ;~I. ~ )V' III I "{i'" v; lu' I D U v J?;V l -1--1=-- :> i 7 '1 I~ r.> - =---< ---- / / .' X , II - "-:>f--< ---- " .~,' I', , '" ," ; I / '... I I I i / ""'-1 I // I g'l I. I Ii II !!UI~ Ii 1~~11 CASA DEL lAGO I '~In 1111,.11 ~!~t BOYNTONIEACli,FL II 111')1 -::ics IANCORE NURSERY ~~llll ;iI'.; J~! ~ BOYNTON llACH. FL o~ G . M;:e C "'CI&/IfIC't'l'OH--.JIOtfW.~.wu.u.o.o.o.a.~~~MC..M1NOtm...-..a. _.......orTMUl~"-"'--O&__I_..--..ao__..___"""'ftOIfW'll~ftq__I-..-~_~~fIOC. I I - ;a C J ~ ~ ~-l o )> )10 l"11 )> i Ii ~ ~ ~~ <; !J' ~~:. ., . ~ '. ,EXHIBIT E ~ ~ r--------- ---------.. I l""'", ,//1 j - - - Jal} 1'7 i If P ED:: IbQJI ~ i ~ :IISl. rv ~ ~~ ~ ~ '-....,J 7V V- ", .. ~n_.,~'~ IF .~~: rl~:-.-~.,..". ~'<. '\, , (,!!~"'i )"~ = ~(!:""lJ ! , I ' e : "~J I ,/ , IQ-~ ~ ,- e PI ~ r--~~:t1 ~ i; ~~ --- U _ ~- I, ~ ~'''''?l[ 1\<= 'v ~ I )> il/ '~ J' '1 // ,,J ..... il I I '1 ~~-- ~~~ ~--I; --' - ~ ~ - '---I~-~ ~~~ ---- i !~ C"l)> /~ =i ~ · \1,,1 'llOO - f' , ~ ~~ 5 Ii /~ '- 7 ~ I' !J'" ~ V. I ,,~ t===== ~'..' _--=-~~~,~ a ;a C -; -; ~ ~-l OJ ~ r=--:~ ,v f1~~~ . . . ! ~ , -------] : --- i---~ ~---?J- Y W -'::s----- c<----r f----- ~ t a!!;! ~ ' '-!J r~ :1 ~ ~~ ~ --1 S1' - 1;-- !1j--g- 1---1.-- } e--- :, , '~ il / . \j L ! ! j f '\" i:,'.:,: :1 [.' I !t" _,. " - ~ - c i1 < >D' r'I:1^ ii ~ ~ ~ ;;:;: ,_ _ u '~'--- i - --~- ~ r i~ r-~r t ---- fTI )> - v L~~= ~ Vru, ~ . ~..: If ~ __- J - - r-::::;:'~~- ~) d :- ~- ->LJ b l ----=:=:1 1i ,,"V b!l:J1 [-J .11f--1I:-, '0/ Ii !1 ~~' I~ ~~:'--'7F ~c )~T i! /m Ii __ J------ ,-,,~_ ~ iI~~.J:t.:;~._ __~~ . ~---=_ ~_ ii 'v v -q ~ 'Ie<]' . I, '"T, ii,' 4~'~. ~~ /,I-.--! I! / ~ I JI I " !: - - __~-~- -- / ~}I ~ ~ ~~~~~-~_~~-!! _ I I ',,!, I' ~./ " : -! / I I I I I i / 'i I ,. I I ~H!I CASA DEllAGO II~n; 111.11"11 ~!~I. IOYNTON lEACH. FL u~ II JI =~~ LANCORE NURSERY ~~I! ;tU'.u J51 ~ BOYNTON lEACH. FL o~~G ~ = C "'ClI/'TtoICt~_jIOMU..lon'OTT.""~~oo. V~~AU-.-.n....-. _rNaot'ntullDU.I. """"""QaDtSIIOtI.MA'(.. ~Oot.ClOf1IO,"~__""",,,nowu.~THI"""'wvn'llfol~cwae-"'y~ lMC- I e ~ g II I. I Ii II UUII Ii l~~11 EXHIBIT B II II U!!I!, II ~~~~O I 1::1; Ullplll flit ~ I ~!II "1' p J::~ ~ Ii lhl i lAN~N~~~LRY hi!;1 'I a~ ~ e -GlmKT~.IOMIl-n'~~---~rnc:n.IIC."".-n"I"-_"""ot'~I_KNfa."__"~___"'M#'fIlONol""MAT1OW'I..~nq.......~~or~~1MC. ~Idl ~ ~~ i !'I z o ~ p:l .tI1 --< ~>- '-1 "0 4Z , n, I tI1 :> U) -1 tI1 ~~ --< ~:> '-1 :0 qZ EXHIBIT I I I Iii ~ ill , I I I I I I I I I I n I i I I I I I I I I I I ~ '"", I ~ 1:[f~ I .J i U) o c:: ~ tI1 t"' tI1 -< ? -1 o Z ;~: , . fl, iUh~i~~~r~! 8 ol'ii.llId. 5 I Iii i~ ~ I i II i ~ II ii' I ! i " ~ ~t & 0 CASA DEL LAGO i I~II; 111I111 ~I~t IOYNTONBEACH.FL n II~ II -:::t Q LANCORE NURSERY ~~I! SIU..; J~! ~ BOYNTON BEACH. FL .~.r; ~ = C1_QUUoICY,otffoIJOt(.pCNftI.M'rOTT.Wl~~~~M.I.~"'___MOP.....rotntu&I_~____..~_I:JOftIID"">>rrfQllP.M~~,...._wwntM-..rfOf~~U<<::. ~ ~~ I ~ ii !II I 1IIIUHI~ h l~~r I I I Vi n"r:l Ot"" ZO nO m~ "'0'" -Jl' ~~ l' ~~: .. , ~ . ~ I ~ai I ~ i~~ EXHIBIT B n l' c: ~ ::I: o c: en m '"rl l' o _~ o r:; ~ ~~ "'0 l' ~ Imp "'------7' I ')-____-{ I II~ I I I I {j I I I 'I I I I I ~ I I I I ~ I I I I I I I I I I I I I ~-----\. I iL.______~ _ 0 " " I ~ ~ \ 0 \ 'i' Gj 0 '- ./ ~~~i~p!(') ~ A Ai' 5 ~I ~ III ." 8 '.- c ! n ~ ~ ~ >- [ ~ 1;. - - ;. n ~ ~~;~~;~~ Q I g'l I. I 1IIIUf!I~ Ii 1~,11 CASA DEL LAGO I fEln 1111)1"11 ~!~I. IOYNTONlEACH.FL u II ,I -~~ lANCORE NURSERY nl! =;1'.; J~~ ~ IOYNTON lEACH. FL our; . ~ ~ 2:; C> -~~"""'MrOn._~~_~......_-. ---ncMtJO....-----..~...--..IM'I""-~wnwacrr..._....~O)toIlIllHT____Ma<<ncn.wc. 11 t-- f-- - - ! ~ tv W "'" I-- I-- - - ~~ In ~5 ~~ m Q ~-i .5 ~- ~o .::r ,0 ~ .z ~z ~z ~ () OJ > ID -LL- ~ 1'1 ~ >- 5 z iil - f'8' .- M. Si g~ ~ ~ F4 Ilul ~ t '. ~I ~ ~ ....1L- - ~ ........ i w! 1;& '.i ZCi i~ . i~~. ~! i - Iii fin - ~ ..T ~ i.=~ ~J Hi~ .. I ) .u C : -<a Z .U " . ~"C ~ i~~ ::t::>>~ ~.=~ - ,.. ,. r ~<" u c: ~!~i . " ! ! -<a ~ ~ ~-- 0 -..':.;~--------.:.... ~ . ( J ~ ..::~ . P~! 51="- ~I ---~- ~- -.--i-~ ~- I / i .:~ t ~l 0 , fiX ~ ~~ j I:: . 5;1 N_9- 8 6~ s: ~< !i ~ i~ I I"'" , ._T ~.: ~ . Fe: o. J ~l-r 1 ;:;~ ~i ~ ~~ 5PJ ~.~ --- " " , "." 0" ~c , != ~~II' .;:: M' ~~ :'.:: r ~~ 0;0 0' , ~" ....~ ~ ~. g~ ,~ ~z ,,' 2~ !1' ~ ~~ "'~ ~ J... , ~ ~I .1 I !'I II 'I !!!! I' I CASA DEL LAGO I flfl; I!!l!! ~i~t n IOYNlON lEACH, FL "II 111111 .~o Ii 1~~11 ~ lANCORE NURSERY d 1'1',' J"; ~ i ! k~ I I I !l ~ C BOYmON BEACH. FL I; .. = o .....<lIIIU'CTIOtt,..__JOlftI.....-.vrr._~~-...~........~.........D, l'G'uaOf',""".I_~"OII._._"--..ao_<QOft....___~_.....~~____~.....:. l::XH/Bn E nn ! Ulll 1111 I l fI' 'I .U " ~ I II EU~n ~.. I I ~ ~ II ~; XHIBIT E ====--t- - - ~ - ---..:: - I Ii i i I I - Casa del Mar PREPARED FOR LANCORE NURSERY I LAND. ~~~~~, .- CITY OF BOYNTON BEACH, Fl EXHIBIT "C" Conditions of Approval Project name: Casa del Mar File number: NWSP 06-015 Reference: 3rd review plans identified as a New Site Plan with a May 30 . 2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. The minimum right-of-way width for a PUD is 40-ft. (LDR, Chapter 2.5, X Section 9.F.) Please provide appropriate right-of-way widths for all internal roadways and/or make a written request for reduced width, including justification for the request. Justification for any proposed reduction in right-of-way width shall address the adequacy of the right-of- way to handle solid waste storage and truck movement, utility maintenance, and an evaluation of sight distance for backing out of garages. The evaluation of sight distance for backing shall include an opinion, from the Engineer-of-Record regarding the relative safety of this movement within the reduced right-of-way. 2. The developer has proposed gating this community, providing only 95-feet X from Federal Hwy. to the gate. The minimum standard for stacking per County standards is 150-feet. Please revise plans to provide this minimum stacking distance. ENGINEERING DIVISION Comments: 3. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process docs not ensure that additional comments may not be generated by the Commission and at pell11it review. 4. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 5. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. 6. The City already has a proposed subdivision in review at the present with a X similar name to Casa del Lago. The new name (Casa del Mar) is pending CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT verification and will be further reviewed during the platting process. 7. Show proposed site lighting on the Site, Civil and Landscape plans (LDR, X Chapter 4, Section 7 .B.4.) 8. The medians on Federal Highway have existing irrigation and plant material X 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 responsibility of the developer. The contractor shall notify and coordinate with the City of Boynton Beach Forestry and Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activities. 9. Site lighting has been provided in excess (number of lights and intensity) of X what is strictly required by Code. The City's standards are primarily set up for parking lots, not residential developments. Site lighting does need to be provided for the various parking spaces for guests, etc., however simple coach lights should be sufficient for lighting along the roadways. Staff recommends that the lighting design be re-evaluated with these factors in mind. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting 11. 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: 12. AU utility easements and utility lines shall be shown on the site plan and X landscape plans (as 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. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT 13. Palm Beach County Health Department permits will be required for the X water 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. (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 msurance underwriters, whichever is greater (CODE, Section 26-16(b)). 15. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid 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. 16. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a rrlinimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33 (a). 17. This office will not require securety 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. 18. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 19. PVC material is generally not permitted on the City's water system. X However, since this project is located east of Federal Highway, we may consider the use of PVC C900 pipe for water mains if it is shown that corrosivity will be a problem. This determination will be made during the detailed utility construction plan review. 20. The Utilities Department staff is requiring that each townhouse block (of X three or four units) have a master meter, which will become the point of service for the department. Each townhouse will then be submetered. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 I DEPARTMENTS INCLUDE REJECT 2l. Utility construction details will not be reviewed for construction X acceptability 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) and will be reviewed at the time of construction permit application. FIRE Comments: 22. All buildings require an NFPH 13R (townhouses) and an NFPH 13 X (condominium). 23. All entry gates reauire a Knox override system. X 24. All entry gates and streets shall be 12 feet wide if one-way and 20 feet wide X if two-way traffic. 25. Provide a turn around for the Fire Department engines at the Clubhouse. X 26. Hydrant locations: no part of any building can be more than 200 feet from a X hydrant. 27. Flow test required is 1500 GPM ~ 20 PSI. X 28. All hydrants must be activated up to the point of any vertical construction. X POLICE Comments: 29. All lighting shall be metal halide following IESNA Lighting standards. X 30. Landscaping shall not conflict with lighting (to include long-term tree X canopy growth). 31. Timer clock or photocell lighting for nighttime use shall be above or near X entryways. 32. Numerical address: X . Shall be illuminated for nighttime visibility (dusk to dawn). . Shall not be obstructed. . Shall also be placed on the rear of the building if buildings are adjoined by a common area. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEP ARTMENTS INCLUDE REJECT Residential Security: . The door leading into a residential unit should be a solid core door and equipped with a single cylinder dead bolt lock (including garage door). . When placing the order for a front door that will have a side pane window it should be placed on the opposite side of the door handle and lock making them umeachable. . If front door has zero visibility to front entryway are, it should be equipped with a 180-degree peephole. . Entry door should open outward versus inward. . All exterior doors should be equipped with security hinges. . Anti-lifting auxiliary locks should be installed on sliding doors and windows. . Should be pre-wired for alarm system. There should be strategically placed directories with arrow indicators for buildings throughout the property at vehicle driver sight level. The directories should be placed at the ingress points. 33. If benches in a park area are intended for nighttime use, adequate lighting X should be provided for the area in which they are located. They should also be in open view to eliminate concealment areas. 34. Stairways and balconies should provide open views. X ----- -- 35. Building architecture should allow for enhanced natural surveillance of all X parking lots and provide a sense of security. BUILDING DIVISION Comments: 36. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 37. 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 2004 FBC, Section 1609 (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. 38. At time of permit review, submit signed and sealed working drawings of the X proposed construction. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT 39. A minimum of 2% of the total parking spaces provided for the dwelling X units covered under the FFHA shaH be accessible and comply with the requirements of the act. Accessible parking spaces shaH be equaHy distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 40. Compliance with regulations specified m the FFHA, Design and X Construction Requirements, Title 24 CFR, Part 100.205, is reauired. 41. At the time of permit review, submit details of reinforcement of wans for X the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shaH comply. 42. Bathrooms and kitchens in the covered dwelling units shall comply with the X FFHA, Title 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the FFHA is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. 43. The applicant shall provide the City with a copy of the letter that is sent to X the County impact fee coordinator. To properly determine the impact fees that will be assessed for the one-story clubhouse, the letter shall answer the following: · 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? To anow 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 building. 44. 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. A permit from PBC Health will be required for a well. 45. 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. 46. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shaH be provided at the time of building permit application: CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS . 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) INCLUDE REJECT 47. At time of permit review, submit separate surveys of each lot, parcel, or X tract. 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. 48. 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(f)) 49. 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. 50. 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. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT 51. The condo building structure meets the definition of a threshold building per X F.S. 553.71(7) and shall comply with the requirements of F.s. 553.79 and the CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6. . The following information must be submitted at the time of permit application: . The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. . All shoring and re-shoring procedures, plans and details shall be submitted. . All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. PARKS AND RECREATION Comments: 52. Park Impact Fee: 42 single family attached @ $771.00 each = $32,382.00 X plus 40 multi family @ $656.00 ea = $26,240.00 = TOTAL $58,622.00 to be paid at the time of building permit. FORESTER/ENVIRONMENT ALIST Comments: 53. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation on the IrriJ?;ation Plan. 54. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 55. Approval of this project IS contingent upon the approval of the X accompanying request for land use amendment / rezoning (LUAR 06-018) and heil!ht exception (HTEX 06-007). 56. It is the applicant's responsibility to ensure that the application requests are X publicly advertised in accordance with Ordinance 04-007. CASA DEL MAR CONDITIONS OF AFPROV AL NWSP 06-015 , I DEPARTMENTS INCLUDE REJECT 57. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program. 58. The existing 10 foot sewer easement where the condo building is planned X will be required to be abandoned and relocated prior to approval of the application requests. 59. In order to ensure proper maintenance of the buffer areas, staff recommends X converting them from private property to "buffer tracts" that would be owned 'and maintained by the Home Owners' Association. 60. The dimension of the parking stalls, and vehicular back-up areas are subject X to the Engineering Division of Public Works' review and approval. 61. Removal of the existing seawall along the eastern property line adjacent to X the ICWW will require permits from additional agencies such as the Army Corp of Engineers and Dept. of Environmental Protection. 62. If an IPUD is located with frontage on the Intracoastal Waterway, X conditions of approval shall include a deed restriction requiring that any marina or dockage build will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit per Ch 2. Sec. 5.L.4.g.(3 ). 63. At time of permitting, identify I label on the plan where all the required X usable open space is located and the boundaries and square footage provided for each location. In addition, provide total usable open space area required (200 square feet per unit) and total provided in the tabular site data. 64. Staff recommends sodding and inigating those areas between existing / X proposed pavement on both Dimick Road and Lake Drive and the south and east property lines of the subject property. 65. Staff recommends working with your neighbor to the north (peninsula) to X utilize their perimeter wall rather than building one immediately adjacent to it. 66. The trees proposed around the townhouse and condominium buildings must X be installed at Y2 the building height of the building (Chapter 7.5, Article II, Section 5.M.). CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE 67. If potable water is used for irrigation purposes, the use of drought tolerant X plant species (per the South Florida Water Management District Manual) shall be maximized, and the irrigation system should have water conserving desi~s (such as a driP system), where possible. 68. Lighting shall not be of an intensity that produces glare on adjacent property X (Chapter 9, Section 1O.F.2.). 69. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X encouraged (Chapter 9, Section 1O.F.3.). 70. The location of the proposed monument sign in the entrance median is X subject to Engineering review (for safe sight distance) and approval. At a minimum, it must be 10 feet from any property line and surrounded by two colorful varieties of shrubs and two colorful varieties of groundcover. 71. Approval is conditioned on the applicant establishing ownership of the X easternmost triangular portion of the property, which applicant claims by application of the doctrine of accretion. The applicant shall establish ownership by accretion of the triangular parcel by submitting historic aerials of the area, soil tests to eliminate the possibility that the triangular area was created as the result of artificial improvements, affidavits of former or adjacent property owners, or such other proof as may be appropriate. Additionally, applicant shall submit a waiver letter from the State of Florida indicating that the State does not assert claim to the triangular area. The determination of ownership based on the proof submitted shall be by the Development Director, subject to review (in the event of denial) by the City Conunission. Issuance of building permits (except clearing and grubbing) will be conditioned on satisfactory proof of ownership of the easternmost triangular section of the land by accretion. Failure to establish proof of ownership of the easternmost triangular section of land within 90 days of approval of the site plan will result in automatic revocation of this development order. 72. The subject property to be developed lies within a hurricane evacuation X zone. The developer shall be required to apprise each purchaser within the development of the fact that they are buying property in a hurricane evacuation zone, and the developer shall provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters, through the established homeowners' and condominium associations. 73. Make the following corrections to plans submitted for pennitting: (Sheets X A-O.l and A1.0: Site Data, Parking, TH 42 x 2 = 84 required, 94 provided (42 2-car garages and 10 visitor spaces), Condo 40 x 2 = 80 (63 in parking REJECT CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT garage, 17 outside garage), Clubhouse = 5 spaces west of garage, Total spaces required 169, Total spaces provided on site 179 (plus 9 on-street spaces on north side of Dimick Road). Total Std Spaces = 93, Total HC = 2 74. Make the following corrections to plans submitted for permitting: (Sheet X A 1.0) Area Calculations: Buildings 6-9 = 16 units (not 6), Building 1 = 4 units (not 16). Condo Floor Plans indicate a total of 30 units, revise to include remaining 10 units (make 3rd/4th floor plans read 3-5 floor) and revise condo data on sheet A1.0. to delete reference to units E-F. Sheet A- 1.1: Note entry gate to be white (to match aluminum rail fence). Sheet A- 1.3: Revise parking across from Building 1 to standard (not Hie) spaces to match site plan. Delete striped area between spaces on all plans. Sheet LP- 3: provide continuous landscaping around 3 sides of dumpster. CRA STAFF Conunents: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conunents: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Conunents: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\NWSP\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ. License Deputy City Clerk PROJECT NAME: APPLICANT: APPLICANT'S AGENT: Casa del Mar lancore Nursery, LLC (Merv McDonald, Managing Member) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. - ~ AGENT'S ADDRESS: 222 lakeview Avenue, #800, West Palm Beach, Fl 33401 18 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Julyft'"2006 TYPE RELIEF SOUGHT: Request for a height exception of nine (9) feet above the maximum building height of 45 feet to allow pitched roof profiles to accommodate elevator shafts and stairwells on a proposed condominium building on 4.11 acres zoned Infill Planned Unit Development (IPUD). LOCATION OF PROPERTY: 2632 North Federal Highway (east side of Federal Hwy, north of Dimick Road). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MA ITER 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 3. 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". 4. The Applicgnt'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 terms and conditions of this order. 7. Other DATED: 7 -aI-Db S:IPlannlngflSHAREOIWPIPROJECTS\ Casa del Mar\HTEX 06-007IDO,doc ... 1 In. = 164.8 feet 0050 -----L-1 --0 El 01~ ~ ~ 0080 .. ....-..- ..- .... ......-...._. .._.. .._ .._.._..._.._. ._.._u_..._.._ .._.._..._.._u_.._.._. ._."_.._U_"_'._.._'._.._.'_.._u_', 50 1 0070 " I \' , ) ~ I " ~ "I" 0 1'-;--Y /\:, " <;' () r", 0010 SITE 0220 0250 0010 0080 120 0140 0160 0200 0280 0310 0550 0400 0331 0520 0480 04600440 0380 0350 0900 0920 0720 0760 0780 0810 840 0860 0680 0950 1250 1180 116011401120 1090 0990 \/^' 0060 EXHIBIT "A" - CASA DEL MAR LOCATION MAP 1060 1030 ---..-------.----------..----...---....--------- Qgf i,..Ur lUll I A1I~~~ I' '/~:~:/f:,I~ "i I Ihll ~ ~ilg i till !fLJ Wwn~ I IlIif M I. 115 .<: r I I I c . :,1 =,1 =f: I - - - ( . .I,~ .I,~ .f~ I . .~P~!".5 I - - - I . .i~ .I,! .f!. = ".5. 5 .~5 i - ! - << I i . =,: I I .... ]? I :Ii I I I t , S EXHIBIT" , ,... -l EXH\3\1 '" r -, "'~~_"""--.uMM-"'~~WIIlIIIMM"-.o_.......--......__~'ftNI...u.iIO""'_ ___.-.",,~............-............'.-..........-.-._ 0 Ilgr !..1I11Il111 A>ll~~NY1 I 111'i'llll i i I Ih' ~ S2.i - 11111 i 1:1 'H:MI No.ut\OI lliii 1111. I! ~~~~ iliili !llg 1IVW 13:0 VSYJ I i~5 < . ~11.UCC ~'f r r 1 , 'T ~I. III;'I!,I-II · s =, : ~ I I iii I I .... , .' ~ Illtllll , 'MIIIII 1U1I1I1 ~ ~ ~ "'" ~ i ~ -1 ~iliiihrlf~', ~~~--"--I',r~:-, ,u--, I --,---,T, ~o 1r;;!~ ilull Mlf 1IYW UG VSVJ I l/iii/III. II fB ~ j ~l~ . ~ : i -l -, EXH IBIT HE EXHIBIT "C" Conditions of Approval Project name: Casa del Mar File number: HTEX 06-007 Reference: Sheets A-3.4. A-3.5, A-2.11 on 3rd review plans identified as a New Site Plan with a May 30.2006 Planning & Zoning date stamp marking. I I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X P ARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X CONDITIONS OF APPROY AL Casa del Mar (HTEX 06-007) PAGE 2 I DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: None X CITY COMMISSION COMMENTS: Comments: To be determined. l.fl..tr.J)J MWRIkz S:\Planning\Shared\WP\PROJEcrS\Casa del Mar\HTEX 06-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hemingway Square APPLICANT: APPLICANT'S AGENT: 2319 South Federal Partners, LLC (Robert Vitale, Managing Member) Garcia Stromberg Architecture, Inc.! Mark Cohen, Associate AGENT'S ADDRESS: 6413 Congress Avenue, Suite 130, Boca Raton, FL 33487 18 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July,l(2006 TYPE OF RELIEF SOUGHT: Request for a height exception of four (4) feet above the maximum building height of 45 feet to allow chimneys for proposed townhouse buildings on 1.25 acres zoned Infill Planned Unit Development (IPUD). LOCATION OF PROPERTY: On the northwest corner of South Federal Highway and SW 23rd Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MA ITER 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 terms and conditions of this order. 7. Other DATED: 7-~/-Ob S:\PlanningflSHAREDlWPIPROJECTS\ Hemngway SquareIHTEX 06-OO6\DO.doc ... 110. = 139.6 feet \ XHIBIT A ':) ,r r-:: ':':"/" . ~(.. -_~.L,_ ~ t - -- I'" ,'v ;-' .,y~~.. 1 :.~~_ ~~ .. . Hemingway Square EXHIBIT I ~ f3> Ii~i~~ "r '~P'" J llfil ~ E~l~ t~ ~!;:E i~ D~ ;Xj ._ .il ~.! ~g lli~a ~. ~.t~ il~ · ~'i I~ -=, ",. ;il ~9E ;~ iE li~ ~\i I~~i ;i ..~~ 8~ ii~1 .: i ~ 1>' ~ 'I ~ if il,'j · ~ I 'i: III !i r., Ii '" -5 · !l ;; , i f ~ ~ ."-__u.c "'taw I_AVDnJE C<laAL_ fLOlII>4 - EXHIBIT "E ;/ nm~ if I) I~I~I 'lYE !5 ii-' n< .~~ft~ . ~" ~w I'i~ll i: -o.! ,. s~..- ~~ ~~~ii ., ill fEI,'E ~I i,I'; rft L u! .~~i ~t 'i~! i. i ~t ~f ;" oil ~ ~ /- B> l - ------- -- "I ~ J I'IJI ~I! IIIlQ! J ~ i I ~J I! I i I ~ ~ , -=--- ...... . I 10"" ,,...VDftE COUL,,::" II """ J 'i ill I ! IH! I ni I I J ~11i ~ o tJ tTJ t""' ~ en tTJ .() o ~tr1 'Tl~ t""'tJ 82 ~~ Q "'z ~t""' 0 ~~ . ~i ~~ ~~ ~!; r-------1 ! " I ~I: ! :a: l ____---J ~ --- ....-.......w: .. nr 1:aa.\YDftJE COIAL_ no..... ..... EXHIBIT E ',;: I 1111 III fP >-1 ~ U) >-1 o ~ ~ ';"l 3: o tJ t71 r' q ~ ::c o "0 >-1 ~ U) I? &> Q :;0 ~Oj fl~ ~~ l. '" ~ is: 0 ~z ...., &> U) -trJ () o stJj '"rj~ r't:J 8~ _z ~ '^' ,..." =1"0 Z "r' 0 ~~ ;., E9 &> ~ THREE STORY UN1TfLOOR I'LANS ~ TOWNHOMES n1t 8Ot1IHf'IDERAL....r BonrrOM BlA. n.caJDA 'Ii..#' , I I ! ! I ,1 _0 5i ~~ ~~ ". '. "1 r~-------' 1 ~i 1 I ~~ i I , l________J - --- ~-- -~ -~ ----r ~ --- --- JIh IWI__AYIMtE C<laAJ._ FLOIlDo\ ,,,., EXHIBIT E EXHIBIT "C" Conditions of Approval Project name: Hemingway Square File number: HTEX 06-006 Reference: 4th review plans identified as a New Site Plan with a May 26. 2006 Planning & Zonin,g date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERfENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Comments: None X CRA STAFF CONDITIONS OF APPROV AL Hemingway Square (HTEX 06-006) PAGE 2 I I DEPARTMENTS INCLUDE REJECT Comments: None X COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: None X CITY COMMISSION COMMENTS: Comments: To be determined. ~_n MWR/kz S:\Planning\Shared\ WP\PROJECTS\Hemingway Square\HTEX 06-006\COA .doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development p. P & Z i,_ Building Engineering ~ Occ. Licente . Deputy City Clerk PROJECT NAME: APPLICANT: Hemingway Square 2319 South Federal Partners, LLC (Robert Vitale, Managing Mem APPLICANT'S AGENT: Garcia Stromberg Architecture, Inc. I Mark Cohen, Associate AGENT'S ADDRESS: 6413 Congress Avenue. Suite 130, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: JUIY~2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 21 fee-simple townhouse units on a 1.25-acre parcel in the Infi" Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: Northwest corner of South Federal Highway and SW 23rd Avenue (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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: 6. 7. DATED: 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 Applicapt ~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 ApplicaJ)t'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. Other 7 -C)./-of> S:IPlanninglSHAREDI WPIPROJECTSIHemingway SquareINWSP 06-OO7\DO.doc XHIBIT A 1 + 1 In. = 139.6 feet ~\ ~(("-/ \ . \1 - jI "\\-/(~U/ .., L,,\?-,":,/ . r ,?~_..,_ .. . .. .. Hemingway Square f-------- ---------------------------------.-----.---- I i ! i ! j I ! I I I I i i I i i i I I i i I I i I EXHIBIT -B' --._-----~ ------------ --- ------- ---------------- -----. -------------------------------------------------1 i i I I i i 1 I ! I I I I i I I j ! I I I I I I i i I I I ! I I ! i I I I I I j l___________________________________________________________________ ! ------------------------------- --- - ---------------_______J : , r f ! i I I r j ! i I i I i I I 'ppp if II.t!IH;~mliIP IE I. I 1.1'1 . I. '. ... " 'i' !j!i I !II~ I iI ii' I 41.4/! If,"l", n i,f : I I I '..1 U ~~~.~ , !P Hun I~ III I' Iii if' < ~~~ If ii i ~.... i.. uumnu if Utili HP tI . II liil if r . u~~ II IT ;'I....li... B omuUl e> -... CJ'l f~ l~ sEe I ~II ~' - INFILL 81 TOWMIO.MI!S 2J~~~.r ~ 13> ~ ~ ...... --_.1IIl Ie,,. ...._ ......- 11<llI>. ... EXHIBIT '8' 8:- !iiJ' ;~ ih;1 ~J E~I~. x~ sJ~.~ !~ .~~~:i '0 iIl~~c;~ gi g!~~~ ~i ;i i!! ~~ ;av;~ 2'1 R~l!oll .~ f ~f}! ;; oJ ~~~ ;6 .~~~. ~ti !~-~ ~l . ~~2 il~ ~~~! .~ ~I" ~i J I i 'i fj'5 · ~. ,i; I i I !i I H ~~ ~ !l o w ...... ..l__u.e 101 nr I_AVDI'tJE C<lUL_ fLOlUDA ,.,,, EXHfBfT -B' E? :I~!' ir g.f.i ,2 ~'l-. " ~~~~ H ~".n~ .0 I'B~'I Si li" a. Ii!! !~ a._.1l I l.y~i .. ~a~ i~ x. ~. ~ ~ ~~ ii;J'M ji I~~~ ;: .'~i i~ {I!' ~i I~ &> in :1 ' 11111 I II ~~ lil.1 ,.Ifl,. I i U j r ~ --.. ~ur M.8W._AYDIVI COUL_ n.oom. ..... ii, , . ~~ i ~& j!~ I ~~ " ~~ I - i ","'","' . :a !~I, I. I ___L'~_-L._j >-3 ~ (5 ~ rn ~ ~ tr1 >-3 o I e rn tr1 r' o 1>-3 ~fl ~~ ~ fti . . ( \. -~-----1 ' lC~ ~!~ I -~::=l ~~ , ~---_.~ ~i ' _ aoo J G> . EXHIBIT -8' 7.--5 ~ " .;";; I 11I111 I II --- _--.w: Mtt...1tIhAVDftJI C<lL\L"""""" noamA ,,.., Q 0 0 e -I . 0 . -, 0 0 0 . I' I' .q Ii 'I~' ,~ ~. 'I I i- ~. ~t ~t ~ ~ U n f If f 'f If 'If!l ~r ~ . 1 'I I t r J! Ii i ,- d ,1 ! 1:, ~ r , f II If !l ,f ij ~ l 'fr. dl Ulf; r l ;. It . I I I i I I t t i i U . . , , ~ . , . . . f , , , , f f f I J ~ .. : , , .. 2 ;; 2 , ~ J f r f . . ~ i . , r . :; . , I ;; . I :IS ;; . . 'IS . r . . 1-1 · ~I 0 0 0 0 0 0 e <:) e 'J I' I r I" II~ 2~ II I' I" ~' J' I~ r , of n U tf !I ., iJ -I :i If iJ .r I tf ~" it ~f tr ~I 1:1 ~I t k ~I ill r I! It f " , I j i ~ If j ~ l ~f ~~ f J r f C ~r tf I Ol I; f J ~ i If r , f r ~ i m i im t i i i i ; : i i . . I , 11 ~ ~ i . . . . r I ~ ~ 2 . I I , ! i i 2 .; ! ! j IS . .n c . ~ . . . . i :~I : ~i EBz 'II };:t flll'l ~ EXHIBIT -B- liff" '~i' Jf ~ ~I 'I~ tIt '~r ~bf ~ t= ~~ ~~ ijlUl~ l~ . '" ~ i~ "! t ~ ~ J~ 6i~ ~ ~~ ~~ iNUlt .. ij ~ -I b", . ~ ~ ~ ~ bi~ EXHIBIT -B" ~ ~ iN-~ . < .!. ~ q~ I ~ I ! l i ~~ t ~ f II ~;:r;il'~~1 ~ i~f~1 Illli~~ Ji ~~I np! EXHIBIT "C" Conditions of Approval Project name: Hemingway Square File number: NWSP 06-007 Reference: 4th review plans identified as a New Site Plan with a May 26. 2006 Planning & Zoning date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Traffic Comments: 1. Dedicate five (5) feet of right-of-way along the south property line (north right- X of-way of SE 23rd Ave) to Palm Beach County (to be finalized at the time of platting). 2. Dedicate a twenty-five (25) foot by twenty-five (25) foot right-of-way "comer X clip" at the intersection of Federal Hwy (US 1) and SE 23rd Ave to the Florida Department of Transportation (FDOT) (to be finalized at the time of platting). 3. Provide written documentation from the FDOT that no additional right-of-way X will be required to be dedicated along Federal Hwy (east property line of Hemingway Square). 4. The minimum right-of-way width for a POO (as designated on the plan Cover X Sheet) is 40-ft. (LDR, Chapter 2.5, Section 9.F.) Please provide appropriate right-of-way widths for all internal roadways and/or make a written request for reduced width, including justification for the request. 5. Provide an evaluation of sight distance for backing out of garages and provide X an opinion from the Engineer-of-Record regarding the relative safety of this movement within the limited right-of-way available. ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Connnission and at permit review. I I DEP ARTMENTS INCLUDE REJECT 8. Upon satisfactory Commission approval of the Site plan, the applicant shall X enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. 9. Full Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 10. 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: II. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 12. Fire flow calculations will be required at the time of permitting demonstrating X the City Code 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 )). 13. 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. 14. 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). 15. 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. I DEPARTMENTS INCLUDE REJECT 16. 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) and will be reviewed at the time of construction permit application. 17. Provide water main modeling/calculations demonstrating the adequacy of the X proposed 6-inch water main to handle domestic demand, sprinklering demands, and hydrant demands for the project. 18. Correct easements to reflect the boundaries to the point of service (water X meter or sewer cleanout). 19. Provide a minimum ten (10) foot separation between water main and storm X sewer and between sanitary sewer and storm sewer in accordance with City of Boynton Beach Utility Standards. FIRE DEPARTMENT Comments: 20. Add fire hydrant to center lane of development (in addition to existing X hydrants). Provide hydraulic calculations using a flow test of not less than 1500 gpm@20 psi. Buildings shall not be more than 200 feet from a hydrant. All hydrants shall be operable prior to vertical construction. PARKS AND RECREATION Comments: 21. Park Impact Fee - 21 single-family attached units @ $771.00 per unit = X $16,191 to be paid prior to issuance of first permit. BUILDING DIVISION Comments: 22. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. I i DEPARTMENTS INCLUDE REJECT 23. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 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 determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (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. 25. Every building and structure shall be of sufficient strength to support the loads X and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (psi) on the plans for the building design. 26. Buildings three-stories or higher shall be equipped with an automatic sprinkler X system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 27. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 28. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the FHIA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 29. Bathrooms and kitchens in the covered dwelling units shall comply with the X FFHA, Title 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the FFHA is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. 30. If an accessible route has less than 60 inches clear width, then passing spaces X at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable passing place. 2004 FBC, Section 11-4.3.4. 31. A water-use permit from SFWMD is required for an irrigation system that utilizes X water from a well or body of water as its source. A copy of the pennit shall be submitted at the time ofpennit application, F.S. 373.216 I DEPARTMENTS INCLUDE REJECT 32. If capital facility fees (water and sewer) are paid in advance to the City of Boynton X Beach Utilities Department, the following infonnation shall be provided at the time of building pennit 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 buildingnumber/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 IT, Sections 26-34) 33. 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. 34. At time of building permit application, submit verification that the City of Boynton X Beach Parks and Recreation hnpact Fee requirements have been satisfied by a paid fee or conveyance of property. The following infonnation shall be provided: . A legal description of the land. a The full name of the project as it appears on the Development Order and t.~e 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 Conunission-approved site plans. . The number of dwelling units in each building. . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(t)) 35. 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. 36. The full address of the project shall be submitted with the construction X documents at the time ofpennit application submittal. lfthe 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. 37. The individual elevators within the units now classifY the units as "covered X dwelling units" and shall comply with the requirements of the FFHA Act. See attachment regarding installation of elevators. I I DEP ARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 38. All project utilities along the rights-of-way of Federal Highway and SE 23rd X A venue are required to be located underground or screened. 39. To enhance the Key West theme, provide pergolas above some garage doors X and large potted bougainvillea or other climbing and/or flowering vines on each side of garage door of units where space is available for this decorative feature. 40. No individual swinuning pools, screened enclosures, or modifications to X patios or balconies are allowed. This restriction shall be required to be specified as such within the Home Owners Association documents. 41. The development as an IPUD shall be under common ownership or unified X control, so as to ensure unified development. 42. The applicant shall be required to provide minimum building setbacks often X (10) feet from all perimeter property lines, consistent with previous IPUD developments. 43. Revise plans to remove perimeter landscaping from the fee-simple lots, and X plat as a separate buffer tract which is common area to be maintained by the Homeowner's Association. 44. If potable water is used, the use of drought tolerant plant species (per the X South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conserving designs (such as a drip system), where possible. 45. The subject property to be developed lies within just outside a hurricane X evacuation zone. The developer shall provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters, through the established Homeowner's Association. 46. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. CRASTAFF Comments: None X COMMUNITY REDEVELOPMENT AGENCY COMMENTS: I I DEPARTMENTS INCLUDE REJECT Comments: 47. Further architectural enhancements of the gable ends of the units abutting X Federal Highway. 48. Additional landscaping along Federal Highway and SE 23rd Avenue. X CITY COMMISSION COMMENTS: Comments: 1. To be determined. ~ S:\Planning\SHARED\ WP\PROJEcrS\Hemingway Square\NWSP\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sonic APPLICANT'S AGENT: Jon E. Schmidt & Associates APPLICANT'S ADDRESS: 333 Southern Blvd. #200, West Palm Beach, FL 33405 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18,2006 TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan approval for a 1,674 square foot fast-food drive-in restaurant. LOCATION OF PROPERTY: East side of Winchester Park Boulevard between Boynton Beach Boulevard and Old Boynton Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 c.,..o"'"'"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 terms and conditions of this order. 7. Other DATED: 7-61J-Ob S :\Plann ing\SHARED\WP\PROJECTS\Sonic\DO .doc . 1 in. = 117.2 feet ((7 "' '\. " . .r=--. 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',::i::!:rI';'Y o c,.) ~r ~~ . ~ o z p r <P m () -l 2 ~ !. Q ~ ~LJ 'I ~, ~ ~ . .' .: :- ..... ".: ~..', :. ~ :',,:'~. :.;: ':::'\'~':""':="" ~i ~. '! ~e I I I f I j al ':./ I I ; / ;;; ,~~:~~: ~~; t :'~i:: ~~':::.!: .. . ~ . . -. ."... :.. -, . . .... ,.... ,", ',-:" ".;.., ......... . ~~~.~ .~~~ ~.~:..: .~.. <~..~ {.... :~.:.v:.:.~.'...-:. ./-:."~ - . .... .:": '..:.:.....:..::. ~:.: -'.' . / " ". ~ .: ..:.......,. ., .. ~: . . -" - ... '. ~ :", -. : \~ i;':"\~I'\;>,; J" ". ._,-' ......:..... ....-:.....;" . . -": .... . ,:'" ., ..:. -. ~" .. : -": 8 6 :xJ m r- m ~~ ~~ t;'Q ~ CXl Z ~ Q V\ ~ Z )> tv a z gz 0 CXl~ ~o ::J:Z C ~ m Z --f V\ C\ Z I r- I I I I I I L_ EXHIBIT B ~."------""----------".__.."- ...... n_..""" ... 6'w.4~ ./4" ,'-"-t1-- ' T II ~ III" t .. I I II Q ~JI J~ R II I; II It e II t d*1m II II ~ u ~ !I i II i EXHIBIT C SONIC, BOYNTON BEACH Rev May 23, 2006 D. STANDARDS FOR EVALUATING CONDmONS USES. The planning and development board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the board and commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: JUSTIFICATION FOR CONDmONAL USE 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. Ingress is available from a main entry located off Winchester Park Blvd. and a secondary ingress and egress to the adjacent shopping center to the north. Vehicular circulation is separated from pedestrian circulation and access to emergency vehicles is available to all sides of the building. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection D.I. above, and the economic, glare, noise and odor effects the conditional use will have on adjacent and nearby properties and the city as a whole. Off street parking requirements are exceeded in the proposed design and allow for safe and efficient access. The property is located within the middle of numerous commercial developments and development will have no negative impact on surrounding properties. 3. Refuse and service areas, with particular reference to the items in subsection D.I. and D.Z. above. Refuse containers are located to the rear of the property and are located out of the path of the main circulation system. Adequate room for truck maneuvering is provided. 4. Utilities, with reference to locations, availability and compatibility. As stated above, this development is located adjacent to multiple existing commercial developments. All utilities are located directly adjacent to the site and will not cause any additional public infrastructure improvements. s. Screening, buffering and landscaping with reference to type, dimensions and character. The proposed buffering and landscape exceeds the current land development code and is designed to be in character with the existing developments by incorporating like materials and design standards. Justification Sonic Boynton Beach Page 2 of 3 6. Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with adjacent and nearby properties. Only one monument sign is proposed for the property frontage on Winchester Park Blvd. The lighting and development of this property is a compatible commercial use and will work in harmony with the surrounding development. 7. Required setbacks and other open spaces. The proposed site layout exceeds all required setbacks and open space requirements. 8. General compatibility with adjacent properties and other property in the zoning district. The proposed development is a compatible commercial use and can only compliment the adjacent properties of the area. 9. Height of buildings and structures with reference to compatibility and harmony to adjacent and nearby properties and the city as a whole. The proposed structure is one story and compatible with all adjacent structures. 10. Economic effects and adjacent and nearby properties and the city as a whole. "Sonic ", a highly regarded national restaurant chain, is a very sought after dining experience. This will draw patronage and can only effect nearby properties and the City as a whole in a positive way by providing a high quality sales and service product for all the area to benefit from. 11. Conformance to the standards and requirements which apply to site plans as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. The proposed development is being submitted for review and conditional use approval and will meet or exceed all Land Development requirements. 12. Compliance with and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. No odors or fumes will be carried out of the area or be carried into any residential district. No noise will be conducted on the site that would not be in compliance with Chapter 15, Section 15.8. Justification Sonic Boynton Beach Page 3 00 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. NOT APPLICABLE b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment. NOT APPLICABLE c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of surfaces of ceilings, walls, windows and floors and insulation to be used. NOT APPLICABLE d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. NOT APPLICABLE EXHIBIT "D" Conditions of Approval Project name: Sonic File number: COUS 06-002 Reference: 3rd review plans identified as a Conditional Use with a May 23,2006 Planning & Zoning date stamp marking. I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: l. The proposed Laurel and Live Oaks adjacent to the dumpster enclosure X location present a vertical conflict for solid waste pickup. Relocate trees away from the dumpster enclosure or specify an alternate species (such as palms) to allow clear vertical movement for solid waste equipment. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 2. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 3. 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 msurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. Provide proposed and existing water and sanitary sewer main sizes for this X plan submittal. As-built information may be obtained from the City of Boynton Beach Utilities Dept. (561-742-6400). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid 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. 6. 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 irrigation. 7. Water and sewer lines to be owned and operated by the City shall be X included within utility easements, Please show all proposed easements on the engineering drawings, usmg a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in l_ CODE Sec. 26-33(a), Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 8. 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. 9. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. PVC material not permitted on the City's water system. All lines shall be X DIP. 11. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 12. Utility construction details will not be reviewed for construction X acceptability 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) and will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 13. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. Correct all plans to match. 14. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 15. The plans indicate the storm sewer system ties into the existing drainage X within the Winchester Park Blvd. right-of-way. Provide written verification from the storm sewer system owner/maintainer that this is acceptable and that the system has the capacity to accept the additional flows. 16. 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. 17. Full drainage plans, including drainage calculations, in accordance with the X I DEPARTMENTS IINCLlJDE ! REJECT I LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 18. 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. BUILDING DIVISION Comments: 19. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 20. Indicate within the site data the occupancy type of the building as defined in X 2004 FBC, Chapter 3. 2l. 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 2004 FBC, Section 1609 (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. 22. At time of permit review, submit signed and sealed working drawings ofthe X proposed construction. 23. 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: A 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." B 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. C 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). 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. -'~ I 25. A water-use permit from SFWMD is required for an irrigation system that X Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I 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. 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: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B 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 X tract. 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. 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. 29. The full address of the project shaH be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then aH 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. 30. Canopy shaH be designed to withstand 140 mph wind load per 2004 FBC, X Chapter 16. Submit details for review. PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: 31. Landscape Plans Sheets LP-l. LP-2 X All shade and palm trees on the Plant list must be listed in the specifications as a minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12'-14' to meet the 3" diameter requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 32. The details section for the Shrub and Groundcover Planting Detail should X include a line indicating where the height and spread of the plant will be I DEP ARTMENTS I INCLUDE ] REJECT I measured at time planting and inspection. 33. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed building and parking facility from the Winchester Park Boulevard road right-of-way. 34. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: , 35. This project will require a cross access agreement with the property to the X north. 36. Clearly identify the site address at the top of the monument sign (Chapter X 21, Article IV, Section 2.B.). 37. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting. 38. All signs must be located a minimum often (10) feet from any property line. X 39. Provide a detail of lighting fixture depicting the type of baffling/shielding X proposed to ensure there is no light spillage onto adjacent properties and that the lighting element itself is not visible from those adjacent properties. 40. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip system), where possible. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. '-!ltrrvL- S :\Planning\SHARED\ WP\PROJECTS\Sonic\COA.doc