LEGAL APPROVAL
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P,O, Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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August 21, 2006
Mr. Steven L. Cohen & Associates, P.A.
2941 W. Cypress Creek Road, Ste. 102
Ft. Lauderdale, FL 33309
RE:
File No.:
Location:
Meadows T~~omes
NWSP 05-0~
100 Meadows Circle, north of Meadows Boulevard, approximately 2,500 feet west of Congress Avenue
Gentlemen:
Enclosed is the Development Order granted by the City Commission on August 15,2006. The site plan approval is valid for
one year from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension
requested within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable, including the additional condition pertaining to environmental
preservation, relocation, etc. ofrecognized or protected plants or animal species. A copy of the Development Order, including
these conditions, must accompany the submission of the fully amended site plan set. The person managing your permit
applications should be made aware of any additional documents and third party letters listed in the conditions of approval that
need to be submitted with your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TART
member for additional clarification of comments.
Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submiued to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260,
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~i W. Rumpf
Director of Planning & Zoning
Enc, Dev Order
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\Approval Letter.doc
, ,
DEVELOPME""." ORDER OF THE CITY COMMIS~N OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME: Meadows Townhomes
APPLICANT'S AGENT: Steven L. Cohen & Associates, P,A.
APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102 Ft. Lauderdale, FL.33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006
TYPE OF RELIEF SOUGHT: New Site Plan approval for the construction of 34 townhouse
dwelling units,
LOCATION OF PROPERTY: 100 Meadows Circle, north of Meadows Boulevard, approximately 2/500
feet west of Congress Avenue.
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 man
the requirements of the City's Land Development Regulations. D f ~ ll~ ~ 1~."\t.)" r_."
The Applicant I nil ~
/HAS (..ILl; ;~O~ I
- HAS NOT I nw::;::;;-~ .. .. . ..
established by substantial competent evidence a basis for the relief requested: .-.----
2.
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
i./"'" 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
8-/8-06
m.
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\DO.doc
Conditions of Approval
New Site Plan
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Project name: Meadows PUD
File number: NWSP 05-032
Reference: 3rd review plans identified as a Maior Site Plan Modification with a May 26. 2006 Planning &
Zonin!! date stamp markinlZ
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Conflict between Gumbo Limbo (BS) and dumpster enclosures, Relocate X
BS or replace with non-canopy trees, based on necessary revisions to
Landscape plans.
PUBLIC WORKS - Traffic
Comments:
2. Add si~a,ge identifYing resident and visitor lanes. X
3. Identify call box location on plans, X
ENGINEERING DIVISION
Conunents:
4. All comments requiring changes andlor corrections to the plans shall be X
reflected on all appropriate sheets.
5. 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.
6. 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.
7. Provide written and graphic scales on all sheets, (Landscape Plans) X
8. Photometric plans does not agree with Landscape, Site and Civil plans for X
light pole locations - please correct. Staff recommends increasing the
number of poles and reducing lighting intensity to provide overall lighting
levels closer to I-foot candle average. Most of the site is well in excess of
the 1 foot candle required, with "hot spots" of IO foot candles plus in the
immediate vicinity of proposed light pole locations,
9, Revise Landscape plan to reflect site plan changes (i.e, dumpster enclosure X
orientation, light pole locations, etc.).
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.
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DEPARTMENTS INCLUDE REJECT
II. 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. Please provide a detailed time line that clearly illustrates when water and X
sewer services will be required to serve the proposed project. Your starting
date for the timeline should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This timeline will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible. Need
dates prior to Planning & Development Board meeting,
13. All utility easements shall be shown on the Landscape Plans (as well as the X
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. Relocate light poles and canopy trees
out of utility easements,
14. Palm Beach County Health Department pennits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
15. 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 N,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater (CODE, Section 26-16(b)), at the time of permitting.
16. 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.
17. 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.
18, Water and sewer lines to be owned and operated by the City shall be X
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I
DEPARTMENTS INCLUDE REJECT
included 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). Easement shall be centered on the sanitary sewer
main and width shall be determined by using two (2) times the depth of the
sewer line. Easement widths will be finalized at the time of platting and
permitting.
19. 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,
20. A building pennit 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.
21. 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 pennit application.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
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,
23. 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.
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06/23/06
4
DEPARTMENTS INCLUDE REJECT
24. Every building and structure shall be of sufficient strength to support the X
loads 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,
25. Add to all plan view drawings of the site a labeled symbol that represents X
the location and perimeter of the limits of construction proposed with the
subject request.
26. At time ofpennit review, submit signed and sealed working drawings of the X
proposed construction,
27. 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
readilvavailable.
28. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source, A copy of the
pennit shall be submitted at the time ofpennit application, F.S. 373.216.
29. 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 pennit application:
. The full name of the project as it appears on the Development
Order and the Connnission-approved site plan.
. 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 Connnission-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 n, Sections 26-34)
30. At time of pennit 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.
31. At time of building pennit 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 numbers 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,
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DEPARTMENTS INCLUDE REJECT
. The total amount being paid,
(CBBCO, Chapter I, Article V, Section 3(t))
32. 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,
33. 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:
34. All shade trees must be a minimum of 12' feet to 14 feet in height and have X
a three (3) inch caliper at DBH (4,5 feet off of ground).
FORESTER/ENVIRONMENT ALIST
Comments:
35. The Landscape Architect should tabulate the total existing trees on the site. X
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed / replaced on
site. All desirable species of existing trees must be relocated rather than
removed if the trees are in good health, These trees should be shown by a
separate symbol on the landscape plan sheets Ll- L5, [Environmental
Regulations, Chapter 7,5, Article I Sec. 7.D,p. 2.]
Plant Material Sheets LP-l.2 X
36. All shade and palm trees listed must be shown in the description as a
minimum of 3" DBH (4.5' off the ground) [Environmental Regulations,
Chapter 7.5, Article n See, 5.C. 2.1
37. A Lake Maintenance Plan document must be provided for the proper X
maintenance of the lake plantings, A time zero and quarterly monitoring
report for two years is required of the developer,
38. The applicant should add a note that all utility boxes or structures (not X
currently known or shown on the plan) should be screened with Coco plum
hed2e plants on three sides.
39. There is no irrigation system design included with the site plans. The X
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06/23/06 "
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DEPARTMENTS INCLUDE REJECT
irrigation design should be low-flow for water conservation, All shade and
palm trees should receive irrigation from a bubbler source. [Environmental
Regulations, Chapter 7,5, Article II Sec. SA.]
PLANNING AND ZONING
Comments:
40. It is the applicant's responsibility to ensure that the new site plan is publicly .X
advertised in accordance with Ordinance 04-007.
41. Approval of this site plan is contingent upon approval of the accompanying X
request for Master Plan Modification,
42. Provide copy of the recorded ingress/egress easements that provide access to X
this project at time of plat.
43. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
permit.
44. Provide response from the school regarding potential access for school X
children in the neil?:hborhood via a l?:ate in the fence and improved walkway.
X
45. Landscape drawings indicate an existing 18 foot tall Areca Palm buffer
along the west perimeter. Any gaps in the landscaping shall be filled in with
like-size Areca Palms and this buffer shall be dense, so as not to allow
headlights to show through.
46. All trees, ifproposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II,
Section 5,C.2.),
47. Staff recommends screening the at-grade Ale units proposed behind each X
unit with native hedge material.
48. Provide information on the parking for the project to the south to ensure that X
the loss of two (2) parking spaces to create the entry drive to this project
does not adversely affect the required parking for the previously approved
proiect.
49. The project appears to lack the customary recreational amenities, If you X
intend to utilize facilities located elsewhere within the POO, please submit
letter of authorization.
50. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" Program and must demonstrate their participation,
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08/22/06
7
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
51. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
52. Conduct any warranted environmental audits on the property and satisfy any X
applicable County or State regulations regarding the preservation, relocation,
etc, of recognized or protected plants or animal species.
MWR/sc
S:\Plannlng\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\COA.doc
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Meadows Townhomes
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.'Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27,2006
staff. He announced he knew the developer and that the developer handles properties worth
hundreds of millions of dollars. Mr. Katz expressed he thought the operation was top notch. He
also advised the developer had donated $50,000 for the Little League security system. The
homes would sell in excess of $300,000 and would enhance the tax base, He thought the board
should approve the request.
There were no other public comments and Chair Wische closed the floor for public hearing.
Ms, Jaskiewicz noted the site plan related to this request that would be heard next had many
conditions attached to it. She indicated her thoughts that some of the concerns could be
addressed then. Mr. Casaine agreed with Ms. Jaskiewiczs' comments. He agreed with Mr. Katz
that the project was totally separate but indicated the issues needed to be addressed,
Motion
Mr. Casaine moved the request for Master Plan Modification approval for the addition of 34
townhomes to the Meadows Planned Unit Development (PUD) be approved. Mr. Baldwin
seconded the motion that unanimously passed.
C. Meadows Townhomes
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Meadows Townhomes (NWSP 05-032)
Steven L. Cohen & Associated, Inc.
Boynton Meadows, LLC
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)
Chair Wische announced the request was for a new site plan approval for 34 townhomes and
related site improvements on a 7.966-acre tract within the Meadows Planned Unit Development.
He advised there were 50 comments attached to the request and asked if the applicant agreed,
disagreed or needed clarification.
Mr. Steve Cohen of Steven L. Cohen & Associates, Inc., explained they had agreed to the
staff comments and most of them had to do with landscaping, buffer zones, the location of
dumpsters, which had been corrected since that time, and a few other items. He repeated they
were in agreement with the comments and will have them reflected on the plans prior to
permitting,
Mr. Breese displayed the site plan and showed the entrance to the condominiums. The units
were two story buildings with four to six units per building. Mr. Breese indicated staff
recommended approval of the project. He announced it was self contained and gated. The new
town home residents would share the pool and tennis courts with the adjacent condominium
development. The buffers were 18 feet and were in place along Nautica Sound. There would
also be Areca Palms and they would infill any area lacking Areca Palms. The closest townhome
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, ~ ,
Meetin9 Minutes
Planning and Development Board
Boynton Beach, Florida
~i~':1':'~
June 27, 2006
building to the condominium was 110 feet away with landscaping between the two buildings.
Staff recommended approval of the request subject to the conditions of approval.
Chair Wische opened the floor for public comment.
Ms. Betty Tator, 17085 Bay Street, Jupiter, spoke about access to the property. She
indicated the papers the condominium board received revealed that in order for the new
townhome owners to take access to the property, they would need to enter the Meadows on the
Green condominium complex. She wanted to ensure the board was aware of this aspect and
further indicated, since the new residents would be using the pool and tennis courts, more should
be done for the condominium owners. She explained she presented the problems they have to
the board and the building was being approved.
Chair Wische explained there were 50 staff comments attached to the request that the developer
would have to adhere to, and it was not carte blanche.
Mr. Breese indicated the cross-access agreement was a requirement contained in the conditions
of approval and was number 42.
Attorney Tolces clarified the developer would need to present proof of the cross-access
agreement with respect to the use of any existing condominium property that is currently in place
and the new development would be using.
Ms. Tator pointed out the townhome owners would need to enter through the gates. Attorney
Tolces responded he had not reviewed the condominium documents. He explained to the extent
that the new parcel being created was not part of the original declaration, the declarations of
Covenants and Restrictions would have to be amended or certain agreements would need to be
entered into by the existing condominium and the new town home development in order for there
to be any cross-access or shared use of facilities. Attorney Tolces explained the issue was a
private matter between the condominium owners and the developer, and there were conditions
of approval which would have to be met and presented to the City at some point in time.
Mr. Cohen announced he had a copy of the documents that were given to each buyer. The
condominium documents contained all the covenants and restrictions and cross-access
agreements for the project. He offered to sit with Ms. Tator and review where the information
was contained. He also advised each homeowner, as required by state law, was provided with a
copy of the condominium documents that were specific to the project.
Ms, Jaskiewicz asked if it was appropriate for this project to have any references to the
condominium,
Attorney Tolces advised unless there was a specific connection between some of the issues that
were being raised in the proposed development, he did not think it would be appropriate for the
board to include, in its approval, any conditions related to the existing condominium buildings
that have already been sold.
9
to
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Mr. Casaine questioned the matter and thought there was. Attorney Tolces clarified the cross-
access agreements were already contained in the documents proVided to the owners of the
condominiums that were sold. The other issues raised by Ms. Tator were private matters between
the association and the developer, Mr. Casaine expressed his thoughts there was no
communication between the developer and the condominium association to clarify the matter.
He thought recognizing the situation would put the residents' minds at ease. Mr. Cohen
reiterated they would be happy to review the issue with Ms. Tator and the condominium
association so they would be clear as to what was allowed and not allowed.
Vice Chair Hay inquired if the issues reported by Ms. Tator could be included as contingency
conditions. Attorney Tolces responded the issues put forward by Ms. Tator were private in nature
between the individuals who purchased the unit and the developer regarding the conversion from
apartments to condominiums. The application was for a site plan for a townhome development.
As long as the developer had the pieces in place for the townhome development, the board was
limited with respect to the condominium project that was previously converted and sold. Vice
Chair Hay expressed he did not want the issues raised by Ms. Tator to fall through the cracks and
thought they should be addressed.
Motion
Mr. Cwynar moved that the 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) be
approved with all staff conditions and recommendations. Vice Chair Hay seconded the motion
that unanimously passed.
Mr. Cohen complimented the Planning and Zoning Department. He expressed they were one of
the finest departments they ever worked with. They were very cooperative and helped them
through the process. Attorney Tolces made a friendly request to meet with the homeowners for
the condominium, prior to the request being heard by the City Commission.
D. Boynton Lakes North
Master Plan Modification
1.
Project
Agent:
Boynton Lakes North (MPMD 06-002)
Fred Freimann, President of Boynton Lakes North
Homeowners Association
Boynton Lakes North Homeowners Association
Southeast corner of Congress Avenue and Hypoluxo
Road
Request for Master Plan Modification of the' Boynton
Lakes North PUD to reduce the minimum rear yard
setbacks for water lots from ten (10) feet to two (2)
feet for hard roof and from five (5) feet to zero (0)
feet for screen 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.
Owner:
Location:
Description:
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