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Hemingway Square NWSP DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Englnoerlng Occ. License Deputy City Clerk PROJECT NAME: APPLICANT: Hemingway Square 2319 South Federal Partners, LLC (Robert Vitale, Managing Mem APPLICANT'S AGENT: Garcia Stromberg Architecture, Inc.! 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 Infill 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: 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 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I i ~ I' l;:tll'~~' ~ i~t~1 II~I' JU~I I!ifl 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 Commission 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: 11. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this proiect (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 N, 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, 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@20psi. Buildings shall not be more than 200 feet from a hydrant. All hydrants shall be operable prior to vertical construction. PARKS AND RECREA nON 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 FFHA, 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 passjng 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 permit shall be submitted at the time ofpennit application, F,S. 373.216 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 permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the buildingnwnber/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 nwnber 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 Impact 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. . 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 nwnber/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans, . The nwnber of dwelling units in each building, . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 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 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. 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 DEPARTMENTS 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 swimming 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, CRA STAFF Comments: None X COMMUNITY REDEVELOPMENT AGENCY COMMENTS: 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 23Td Avenue. X CITY COMMISSION COMMENTS: Comments: 1. To be determined. ~ S:\Planning\SHARED\ WP\PROJEcrS\Hemingway Square\NWSP\COA.doc