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Ellipse DEVELOPIV jT ORDER OF THE CITY COMMI~ ON OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building EngIneering Occ. LIcense Deputy City Clerk PROJECT NAME: Elllipse APPLICANT'S AGENT: Bonnie Miskel, Esq. - Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Avenue # 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5,2006 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a mixed-use complex in the Mixed-Use Low Intensity 3 (MU-L3) zoning district on a 14.43 acre parcel LOCATION OF PROPERTY: SW corner of Woolbright Rd and Federal Highway 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 .. <t\o -J(..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: /~ - J- Oft, ./ , ~ ...../7 L-,; a?i~ c,{ r~ ~A - City Clerk S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\NWSP 06-021 \DO .doc EXHIBI.... "C" - CONDITIONS OF A.l PROV AL New Site Plan Project name: Ellipse / Sunshine Square File number: NWSP 06-02 I Reference: 2nd review plans identified as a New Site Plan with an October 17. 2006 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. The traffic study shall include an evaluation of the need for an additional right turn lane (eastbound to southbound) on Woolbright Road using proposed generation rates (pre- and post-development.) 2. Dedicate right-of-way as necessary should a right turn lane be warranted in the X future. Consider growth in background traffic for the year 2020. Also, coordinate the design and construction of all traffic improvements necessary to support this development with the developer of the Las Ventanas site on the northwest corner of Federal Highway and Woolbright Road. Provide written proof of this cooperation to the City. 3. Show loading areas on the Traffic Marking & Signage Plans; include a X pavement message in yellow indicating ''No Parking - Loading Zone". PUBLIC WORKS-Forestry & Grounds Comments: 4. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles along both Federal Highway and Woolbright Road. Sight triangles in the interior of the development shall be IS-feet. 5. 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 & Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activities. Please acknowledge this notice in your comments response and add a note to the appropriate plan sheets (pG&D, Utility, Landscape) with the above stated information. 6. Correct sheet LND 5 of 6 to delete reference to Boca Raton. X ~LLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 2 age DEPARTMENTS INCLUDE REJECT UTILITIES Comments: 7. All utility easements shall be shown on the Site plan, Landscape, and X Hardscape 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. Revise Sheet LND 3: 10' DE with QV at SW corner of sheet. 8. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 9. 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. 10. 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). 11. 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. 12. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 13. 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. 14. The waste stream from any food preparation area processes must meet the X City's pretreatment requirements. A sampling point must be provided to allow monitoring of this waste stream (refer to CODE Section 26-143 and Section 26-147.) 15. Upsize the water main in Woolbright Road to meet the requirements of the X Utility Master Plan. The main shall be upsized from the west side of the FECRR east to the point of connection (west driveway) for the project. 16. Coordinate with Boynton Beach Fire-Rescue to determine flow requirements X for multi-story buildings over four stories. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 3 Page DEPARTMENTS INCLUDE REJECT 17. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. ENGINEERING Comments: 18. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 19. 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. 20. 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. A plat will be required for this development. 21. Show proposed site lighting on the Site, all Civil and Landscape plans (LDR, X Chapter 4, Section 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the Lighting Plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article n, Section A.l.a and Florida Building Code). Provide a note that the fixtures shall be operated by photoelectrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article n, Section A.1.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article n, Section A on the Lighting Plan. Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 1O.F.5). Provide photometrics as part of your TART plan submittals. 22. 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. 23. 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. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 4 Page I DEPARTMENTS I INCLUDE I REJECT I FIRE Comments: 24. Provide the fire hydrant layout for this project with the hydrants clearly shown X on one sheet. Show all water supply lines for fire protection and hydraulic calculations using data from a flow test conducted within the past six months. This test will be conducted by the Boynton Beach Fire Department. POLICE Comments: 25. None. X BUILDING DIVISION Comments: 26. 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. 27. Indicate within the site data the occupancy type of each building as defined in X 2004 FBC, Chapter 3. Indicate all occupancies in mixed occupancy buildings. 28. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBC. 29. 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. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8. 30. General area modifications to buildings shall be in accordance with 2004 FBC, X Section 506. Provide calculations verifying compliance with the above code sections and the 2004 FBC, Table 503. 31. 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. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 Pap;e 5 DEPARTMENTS INCLUDE REJECT 32. 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 (pst) on the plans for the building design. 33. 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. 34. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 35. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 36. On the site plan and floor plan, indicate the number of stories that are in each X building. Indicate the overall height of each building. 37. Add to each building that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap-accessible entrance doors to each building. 2004 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 38. As required by LDR, Chapter 4, Section 7, submit a floor plan drawing. The X building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on sheetls _' However, add to the floor space drawing a labeled symbol that identifies the location of the handicap-accessible entrance doors to each building. The location of the door shall match the location of the accessible entrance doors that are depicted on the site plan drawing. 39. Compliance with regulations specified in the FFHA, Design and Construction X Requirements, Title 24 CFR, Part 100.205, is required. 40. 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. 41. 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. 42. 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. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 6 age I DEPARTMENTS I INCLUDE I REJECT 'II 43. 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). 44. As required by the CBBCO, Part ill titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 45. 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. 46. 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. 47. 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. 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. 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 IT, Sections 26-34) 48. 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. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 Page 7 DEPARTMENTS INCLUDE REJECT 49. 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. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. 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. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 50. Add a general note to the site plan that all plans submitted for permitting shall X meet the City's codes and the applicable building codes in effect at the time of permit application. 51. 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. 52. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. (palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- 233-5013) {United States Post Office, Boynton Beach (Michelle Bullard _ 561-734-0872) 53. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.BA) If possible, provide photo metrics as part of your TART plan submittals. 54. Add to the floor plan drawings of the individual units a breakdown of the area X within the unit. The area breakdowns for each unit shall specify the total area of the unit, area of the balcony, total area that is air-conditioned and, where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the area of the building. Indicate how many of each type of unit will be on each floor and within the building. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 Page 8 I DEPARTMENTS I INCLUDE I REJECT I 55. Add to the site data the total area under roof of each resIdentIal bUIldmg. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: a. Common area covered walkways; b. Covered stairways; c. Common area balconies; d. Entrance area outside of a unit; e. Storage areas (not part of a unit); f. Garages (not part of a unit); g. Elevator room; h. Electrical room; I. Mechanical room; J. Trash room; k. Mailbox pickup and delivery area; and 1. Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 56. This structure meets the definition of a threshold building per F.S. 553.71(7) X 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: a. 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. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. 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. 57. If this project is located within the Downtown Stormwater Improvement X Watershed, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. 58. Indicate on the plans the square footage per floor of the parking garages. X Comply with the area and height requirements of 2004 FBC, Table 503. 59. A Mechanical ventilation system is required in the parking garages per the X 2004 FBC, Section 406.4.2. 60. The passenger loading zone for the CRA trolley shall comply with the X handicap accessibility requirements of the 2004 FBC, Section 11-4.1.2( c). ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 9 age DEPARTMENTS INCLUDE REJECT 61. Van accessible parking spaces shall be provided in the parking structures per X the 2004 FBC, Sect6ion 11-4.6.2. 62. Location of exits in residential buildings shall comply with the 2004 FBC, X Section 1015.1 and Table 1015.1 for exit access travel distance. 63. Indicate the overall height of the buildings on the elevation plans. X 64. The buildings shall comply with 2004 FBC, Section 403 for high-rise X buildings. 65. Indicate the occupancy type and type of construction for the residential X buildings. 66. Sheet A2.04 IB - The floor plan does not depict all rooms, corridors, stair X enclosures, etc. PARKS AND RECREATION Comments: 67. Park Impact Fee: 576 multi-family units x $924.00 = $532,224.00. X FORESTER/ENVIRONMENTALIST Comments: 68. Boundary Survey, Existing Trees Management Plan Sheet 1 of 1: The X Landscape Architect should tabulate the total diameter inches of existing trees on the site. The tabular data should show the individual species of trees proposed to be preserved in place, relocated or removed and replaced on site. The replacement trees should be shown by a separate symbol on the landscape plan sheet LND5 of 5. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 69. Plant Palette Legend Sheet LND5 of 5: All shade and palm trees must be X listed in the description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground) not caliper, 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; or any clear trunk (c.t. ) specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 70. All trees proposed under any existing overhead electric power lines must meet X the FP & L Right Tree in the Right Place manual selection for small trees only. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 10 age DEPARTMENTS INCLUDE REJECT 71. 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 buildings and parking lot from the Woolbright Road, Federal Highway and S.E. 18th Avenue road rights-of- ways. 72. The total quantities of each of the plant materials are not shown in the legend. X 73. Irrigation Plan: Turf and landscape (bedding plants) areas should be X designed on separate zones and time duration for water conservation. 74. Trees should have separate irrigation bubblers to provide water directly to the X root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 75. Site plan approval of this project is contingent upon the approval of the X corresponding request (LUAR 06-016) to amend the future land use designation from Local Retail Commercial (LRC) to Mixed Use (MX) and to rezone from Community Commercial (C-3) to Mixed Use Low Intensity 3 (MU-L3). 76. Site plan approval of this project is contingent upon submittal and approval of X a corresponding request for a height exception, HTEX 07-01, (max building height in MU-L3 is 75 feet). 77. Provide a notice of concurrency (Traffic Performance Standards Review) from X Palm Beach County Traffic Engineering. The traffic impact analysis must be approved by the Palm Beach County Traffic Division for concurrency purposes prior to the issuance of any building permits. 78. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 79. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program, and must demonstrate their participation. 80. Indicate on all plans all existing easements to remain and those to be X abandoned or relocated. Indicate location, purpose, and width of all proposed easements on site and adjacent to subject property. 81. All proposed uses must be consistent with the MU-L3 zonIng district X identified in Chapter 2 of the Land Development Regulations. 82. The submitted list of permissible uses for the Live/Work units shall be X included into the bylaws for the development. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 11 age DEPARTMENTS INCLUDE RE~ 83. All proposed outdoor dining areas shall comply with applicable sidewalk cafe X requirements. 84. All required shrubs are to be at minimum 24 inches in height, 24 inches in X spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.CA.). 85. Revise the typical drawing of freestanding outdoor lighting poles to include X the height and color / material proposed. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.1.). 86. Show proposed freestanding site lighting locations on the site plan and X landscape plan (LDR, Chapter 4, Section 7.BA.). Photometric plans must be submitted and approved prior to issuance of first permit. 87. Revise plans to include a detail of the upgraded Palm Tran bus stop shelter on X Federal Highway. 88. The applicant shall submit a Sign Program for the project prior to any X approvals for individual signs for the project, and no sign permits shall be issued until such time as the Sign program has been approved. 89. Revise building elevations (ph IIA West) to provide archi tectural X enhancements (faux features) or artistic components (mural, etc.) to west side of Publix building, and provide varying levels of landscaping up to a minimum of Yz the building height. 90. Staff recommends that those areas in which the parking garage is exposed to X the exterior of the project, especially abutting the gas station, the commercial/residential to the south and along the west elevation, the garage openings be enhanced with decorative metal work, decorative shutters, awnings, and in some instances cascadin~ landscape, as approved by staff. 91. Staff recommends that prior to submittal for building permit, all of the X building plans be modified to ensure that the actual roofline is 75 feet in height, in order that only those building elements eligible for Height Exception exceed that figure. 92. Staff recommends that the Royal Palm trees proposed along Federal Highway X and Woolbright Road facades of the buildings be installed at approximately half of the buildin~ height, in the range of 30-35 feet. 93. Staff recommends that applicant provide the necessary landscape at X approximately half of the building height in order to assist in the screening of the parkin~ structure portion of the Phase IA building, behind the gas station. 94. Staff recommends that applicant provide the necessary landscape at varying X heights to assist in the screening of the three levels of parking at the south end of the Phase IB building from the those properties not included in this project and abutting SE 18th Avenue. 95. Staff recommends that applicant provide buffer hed~e and trees alon~ the east X ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 12 age DEPARTMENTS INCLUDE ~I side of the ingress/egress drive at SE 18th Avenue, to buffer those properties not included in this project and abutting SE 18th Avenue. 96. Include details on plans of fountains proposed in north and south commons. X 97. The site plan depicts 12 off-premise parking spaces located along SE 18th X A venue. These spaces cannot count towards the required parking for the project. The spaces must be removed from the parking tabular data and the spaces either created on-site or the shared parking analysis updated to ensure adequate parking is provided. 98. Should the applicant propose to place a gate within any or all of the parking X structures to separate the residential parking from the general use parking, the applicant shall be required to provide an updated shared parking analysis to ensure that the assumptions made in the analysis are not voided by such action. 99. Provide an interim improvement/enhancement plan that depicts infrastructure X and landscape improvements to be performed in the event of a lag time of greater than six (6) months between the completion of one (1) phase and the beginning of the next phase of construction. 100.At time of permitting, the applicant shall submit the necessary drawings to X graphically demonstrate compliance with the Sky Exposure Plane requirement of the MU-L3 district and 10-foot setback requirements, where deficient. CRA STAFF Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS None X ADDITIONAL CITY COMMISSION CONDITIONS To be determined. 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I N ~ III I I ,ii,VJty 7/77 .., :I: > ~ ij; ~ -1 ~ ,g . z ~ f-lJ' n... Ii . .. . . 1',11 i II I r rn I ~ V rll '4 , ;-li '11 ij; ~ !!l '" ~ ~ ~~ ~ ,li ~ I I EXHIBIT "B" MU P~ifU ;r.: T: I~)! i== ~; 1/ >~ l= ~ l= '" I n '4 I I I I Lrl ~ I ',; , w IT\l I ~ D .' '): I I ~ . ' I.- " , /:), r) , I ! ! , " 7 , ,n ;Jf I T , .1 I , i ~ ~ U> '" ~ ~ -< J!! ~ ;'~ ~ ~ I /. " ! "1'\ <d '\;'~I I - " -f j~rif I Hf";l I;~i ~!ll i . r L, I f r ""'::,:~' Ml1Jf__ ! EXHIBIT "8" "i I IS tl ~j ::; .. a ~ ~I j i~ ~~ == D ~l;o2'l"'" 1<0-:"00' -::!i!J - r- -, P ~~MgS~~ ~;~ :/'( - J IZ ~ & ~ " I I I I > II J I( ~, II ' I I , ~ ~ ;...;::=-- - - . W--W-W-"a-W'~;M~ _ _ _ U.s. HICH1rAY #1 v , =-~=========~ :\ -==-~-==- ~ =-;~~~~;~ ~~;;; -::~~~ ~~ ~~~ ~~~ -- ---- - PHASEIA " I . ~;I ~. . ' . ~ I 'l' I ILL/P:" CITY 0' .0Y1lTON .ncll. 'LORIDA R.tIf ""'UlPIIINT UNlISCAH I'UN Carter. Burge.. -.-... ==:--r.::.:. ...-- - .. ([ l ~ \1- ~ }~ -~~.~ - 1 'i "..,. 1 , ~"1 1'< ". 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C"\tIIa L h ft ~ ii!~ :J i \8 ~ ~ <;;>l ~~ . ~~ I '" r.;'I 8 ~... .. v .. ..., 'I /_ _" ~ ~"_(~_ "- Y.. ,~l; " v V \ - - - . ~ ~:I" 4 . f" . i~ ~~ ,~ I .:'- . = f " ~ SEE SHEET LND4 ]I - ,l~2I .. PHASE lIB Sf 't m I,~ ELUPSI: CITY OF .0rwfON .U.CH, FLOlllDA /lAM DI:ITI.OPMI:NT I.AIlDSCAi'1: PI.AIl Carter-IVI'tJ... _a__ ~'='.::. ~ ..,.. ...--- .. DEVELOPI NT ORDER OF THE CITY COMM~ AON OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. Llcen.. Deputy City Clerk PROJECT NAME: Ellipse APPLICANT: Sunshine Square CRP, LLC APPLICANT'S AGENT: 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 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2006 TYPE RELIEF SOUGHT: Request for a height exception of fourteen (14) feet above the maximum building height of 75 feet to allow roof profiles to accommodate elevator shafts and stairwells on proposed mixed-use buildings on 14.42 acres zoned Mixed Use Low Intensity (MU-L3). LOCATION OF PROPERTY: Southwest corner of Woolbright Road and Federal Highway). 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 _ 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: /Z,rt-ot, S:IPlanningflSHAREDlWPIPROJECTSI Sunshine SquarelHTEX 07-G01\DO,doc EXHIBIT "C" Conditions of Approval Project name: Ellipse File number: HTEX 07-00 I Reference: Sheets A1.06 IA. A1.06 llA. A1.06 m. A1.06 1m on 2nd review plans identified as a New Site Plan with an October 17.2006 Planning & Zoning date stamp marking. II 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 FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: CONDITIONS OF APPROVAL Ellipse (HTEX 07 -001 ) PAGE 2 I DEPARTMENTS INCLUDE REJECT 1. Revise all proposed building elevations prior to permitting to comply with the X maximum building height of 75 feet as measured at the roof line. Site plan approval is contingent upon the approval of a height exception for elements above a roofline height of 75 feet. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: To be determined. MWR/kz S:\Planning\Shared\ WP\PROJECTS\Sunshine Square\HTEX \COA,doc IL' ~l if' ~( ()t-z ::><i2 j?fIlu ~~W ~) < tJ) f::XHISIT"B" LI I ! r I ~tijl 1:= ~ -= .- 1 1 I I 1-------;---1 ~ ~ ~ 0;;' d d It:: T 11-1 IIR 111-1 11- -I 111-1 I I I I I II 1 111-1 11-1 11--1 Ij..:.=r II--f III II--IIJ-.-:f 11-1 11-1 !R 1-0 za t<) 011 ,~ \=:;.... ~ UJ IJII2 -I UJ I ~l 1\2 0 z .1 < Ii UJ lj) i~ < I lL I~ < I~ J~ nIT nIT I , I I : :f4IIlb;; IIRII~ 111-1 II~ 1I1--1-1~;~ 1.1 I!~ IJ !n i · 1111 1110' 11111 III 1111 1111 1111 mr 1111 1111 1111 r:;:- r:;:- I: I: F=F'- _.. ,'~, -- , IT II II' IT I . I I I I I II' I I III 1111 11II11Ir 'lI! 'IR' ,1I-i- , , I , n ; If r i e. :> ~- za bC'! a\Sl ~7. ">.: >.:--' ~~ We. 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