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LEGAL APPROVAL sc' \r"~' - ~l,.i . '" . . / i )' \ \~ ",..... ,U ::::)\. /",< ,~~ ~. ,. (l j-'~~) r~ \'; The City of BoynerJn Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org 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: Gentlemen: Meadows PUD MPMD 05-013 Meadows PUD - West side of Congress Avenue, south of Hypoluxo Road Enclosed is the Development Order granted by the City Commission on August 15, 2006, which represents approval of the Master Plan Modification to allow an additional 34 townhouse units.. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ML Michael W. Rumpf Director of Planning & Zoning Enclosure - Development Order S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05- 013\Approval Letter.doc DEVELOPMEk\ ,. ORDER OF THE CITY COMMISSTON OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Meadows PUD ~valopment 1 f:");i:iHl " '~..~I(),,41Io.g, O~Q. LiQtA8i& Depllty CItJ CI... 'JI:'"......::_ 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: Request approval for Master Plan Modification of the Meadows P.U.D. to update the master plan to accommodate the request for an additional 34 townhouse units. LOCATION OF PROPERTY: Meadows (P.U.D.), west side of Congress Avenue, south of Hypoluxo 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: 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 Regulatio s_., . :""""\ \ ' ! [\ t' : , :!r-- : ). Uu I rAlh~ i L-.......--,-'u . established by substantial competent evidence a basis for t ~E~l,l&Ettr~quested. 2. The Applicant /HAS HAS NOT 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 Applic.slnt'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 B-/8-00 City Clerk S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05.013\DO.doc " - ,J EXHIBIT "C" Conditions of Approval Project name: Meadows PUD File number: MPMD 05-013 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 ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS o o Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: '1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMO 05-0 I 3\COA.doc S:\Plannlng\Plannlng Templates\CondlUon of Approval 2 page .P&D ORA 2003 form.doc ... 1 In. = 362.1 feet t' I ~ Meadows Townhomes r't( "'-/ '/" \ I; " , '\ " <'" ..-- ( /-....... -, /.,- ../.... ..~.v'-_..,,/ ."',/ .-_.....~../ .-'-' " "'.". ---'---" '" _ _, -,-_..-,-~~~'Ml~Jl:~~~=~~~___~i~~.. ,- _H ..-n'-"-"--_~:'~'~_'~=~=~..:"4'c, _ . '\ : c:', -! iP~::'c:::;~,;~,?,:, ~_~::~_- _l,~~-;:'.:...::'~;~~-=', ;:~-~~-~;~~~.~~;-=.-::::=:;:~~=:- -_~:~~ ~:;..::;;::,;;,;..:::::~~:::::~=-:: _ ~ 1: i \ . ! /q'iii \ 8l U) 0 ! II{! &!.~ \ I~ ~DJ ~n () . ,I'~ _coF \.....HI 1.....111 I I CZ~)> rn (l)m 8 ~;;J OJ \.:!J .--1-----_. .:!J ~ ~ z o ~ '1J /J-;P- ~~ ',~~ I I/~~::>/ n!U~ '\L\ inO I " OJ /1 ~(Ij~ ~: \ II ~~ r-~/--- g~ \.:!J / ... ~ i i ~!:! ~~'--~ ' / gz I < d/... _: I / / ~ _ ".. / < II ;/'1 / ,I I Cinn f ) J. {,'r'" ~ '/ f ;/;/ en ~ ,f) ;EI i j , I ) .:!J. <.' (fit II.' l,-:____~/ I / I i F :::;::;,~Ji!:::::~::;..~;~:" ~ -=: .-.-1~.....~~ ~~.-.- ... i::"~ / N! ! ~- .//'il ~ Ii! (-' ----~ r ; ;lJ Q i ,/,/ ! t "-I I ~: ( ", , . 1-. -f .-'! .'..\ -;J:I: I~:.. ....., j III i:-< fl;i~\'J)^.</ \'. Cc(l)mr! f( t~" : < : iI! ~"'U i ~ j , :I: ,'/'... ~ i \ ~~ TI :D j; '>~:D :) I :/; ~ i all ,- · , i I j /, ^ i \ I Jill ^ I ~\ :., ~ /--:/ - - ~ /'! ~ I j ,--- ____ _____H_________, i ;i! I \ \ /'>/ m / / So"\. i r ' : ' I! I ! , ~ , '-.. . ..-J/: . , J !/L---- ---L__ - // '/ / '// >'-_:~~~~;-~~j , ,- , (~. I ( ( , : i ',', ~ ~ ~ f i ~ ~ I '1'111 -~ ~ ~ I ~ > ~I I - ill i ~. , f . PO > I ,L.._~ I II U!I~lllllliU ) -1 sountWN -1GI ~ ! I ~ ~ ! . .. ~ I ~ I I > -, I HYPOlUXO ROAD r- I ' l i I . ~.0 h; ! ~~ ; Ie U l ii ~ b i ~ ! ~~~ '- " , ; '\ J <- \ < , I / 1 < ) < \ < .:tJ )> -a. BOnllllN KAOOWS TOl\lIHOMES LtC J. UNIT DE~LOPM~NT I(lO MEADOWS /;IRQ.( BO'Al~ IlEA(./;. FlCil.oA ^ . / <+ STEVEN L. CDHEN . _..... ""'" AND .....DDIATE.. PeA. -.-- ..4' W. _U. DIlIEIEIC liD. .UmE 'DIl Fall? LAUDllll~"~~ ~:~t~:~: .....--...............-.. PROPOSED MASTER PLAN EXHIAIT B Meeting Minutes . Planning and Development Board Boynton Beach, Florida June 27,2006 Chair Wische announced the request is for a 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. The property is on Winchester Drive off Boynton Beach Boulevard. There is an empty lot north of ABC Wine and Spirits store and about half the lot would be taken for the project. Chair Wische announced there were about 40 staff comments associated with the request. He asked the applicant whether' they agreed, disagreed, or needed any clarification of the comments. Mr. Jon Schmidt, 2247 Palm Beach Lakes Boulevard, West Palm Beach, agent for the project was present and agreed with all of the conditions. Mr. Schmidt also announced this will be the first Sonic Restaurant in the tri-county area. Mr. Chris Bender, a partner in the project was also present. Mr. Ed Breese, Principal Planner for the City of Boynton Beach, reported the restaurant would be located behind the Boynton Commons Center and was a drive-in restaurant where the public parked under a canopy and would be served in the vehicle. There would be 10 tables with four seats each. It was an outside eatery. Staff believed they had met the conditions and recommended approval. Mr. Breese also complimented the applicants. He indicated the site was difficult and they were diligent in bringing the project forward. Chair Wische opened the floor for public comments. There were no comments received and Chair Wische closed the floor for public comments. Ms. Jaskiewicz inquired about the menu, hours of operation and exterior restrooms. Mr. Chris Bender, 8496 York Road, Wellington, explained Sonic is an old-fashioned A&W root beer styled establishment, serving hamburgers. The establishment would be open 24 hours a day. There was a brief discussion about locking the outside restrooms. Mr. Bender explained there is a door going into the restrooms separating the male and female restrooms that would be locked. Mr. Bender complimented staff and indicated they were very helpful with the project. Motion My Cwynar moved to approve the request for conditional use/new site plan approval for 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 with all staff comments. Mr. Baldwin seconded the motion that unanimously passed. B. Meadows PUD Master Plan Modification 1. Project: Agent: Applicant: Meadows PUD (MPMD OS-013) Steven L. Cohen & Associates, P.A. Boynton Meadows, LLC 5 " Meeting Minutes Planning and Development Board Boynton Beach, Florida Location: Description: June 27, 2006 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) Chair Wische announced there were no staff comments and staff recommended approval. Mr. Steve Cohen of Steven L. Cohen & Associates, Inc., Architect representing the developer was present and explained the project is part of Meadows on the Green, which was a conversion from rental to condominiums. He explained there was a parcel of land left on the property that was undeveloped and under the PUD, there were additional units that could be constructed. He explained while undertaking the conversion, a portion of the land was carved out of Parcel G, creating Parcel P. The request was platted as a separate entity off the property. Mr. Cohen explained his client is seeking to place 34 townhomes on the property. They had reconfigured the lake, keeping the same volume of water in the lake, and placed town homes around the perimeter. The existing buffer on the west side of the property will remain as it was, and heavy landscaping along the perimeter of the property was added. He announced everyone would have a lake view. They have a cross-access agreement with the condominium association to use the same facilities and the new residents will pay dues into the association for the use of their pool area and tennis courts. Mr. Ed Breese, Principal Planner explained the applicant carved out a portion of Tract G on the condominium parcel and created Parcel P for the 34 additional townhomes. When the PUD was originally approved, the developer did not construct the maximum number of units allowed. This proposal was to construct 34 additional units. Mr. Breese explained this request was for the master plan. The site plan would be heard next. Mr. Breese recommended approval. Chair Wische recognized Mayor Jerry Taylor and Mrs. Taylor observing the proceedings. Ms. Betty Tator, 17085 Bay Street, Jupiter was present. Ms. Tator was a homeowner and Vice President of the recently formed Meadow on the Green Condominium Association who were requesting the builder correct the violations before constructing the new units. She explained there were code violations and apparent breach of contract obligations that presently exist. The issues Ms. Tator reported were a wiring and lamp violation imposed by the Fire Department. She indicated the builder committed to replacing roofs on buildings 1-18, however, only buildings 14-18 have been completed. The remaining buildings had visible gaps in the eaves and there had been complaints about leaks within the last 30 days. Ms. Tator advised the patio frames were missing in many units and many more needed screen replacements, which were to be fixed by the builder. Electrical meter utility sheds were missing doors; security gates were not installed or functioning and were installed without motors. Ms. Tator further reported condominium funds were expensed to clean and prepare the lake area, but the remaining area behind units 1 through 12 was not cleaned and were appalling. Ms. Tator reported the patio at the model home used for sales to potential buyers had a patio made of paver blocks. She reported after closings, the pavers were removed and she advised said blocks were supposed to be put on all first floor units and were not. 6 . Meeting Minutes Planning and Development Board Boynton Beach, Florida June 27, 2006 Ms. Tator advised the trash container area required repairs on gates, some were missing covers and shrubs and the gate did not meet Code. The unit identifying numbers required by the Boynton regulations are to be four inches in height and the square cement box used to attach the numbers did not accommodate the 4-inch numbers. Several subcontracted projects were completed and not paid. Ms. Tator requested the board seriously consider the violations and require the builder complete his contractual and moral obligations to the Meadow on the Greens Condominiums. The police, she commented, call the complex "Ghetto on the Green". She advised they were a new board and were committed to improving the appearance of the complex and making it an asset to the community . Mr. Casaine requested Ms. Tator provide a copy of her list of items to the secretary. He explained the proposed project was an extension of a project previously approved. Mr. Breese confirmed for Mr. Casaine that the proposal did adhere to what was initially proposed. Mr. Casaine further expressed he thought the issues were serious items and thought Mr. Cohen should have an opportunity to respond. Mr. Cohen responded he was the architect for the project. He explained he was aware building permits were submitted to the City and some of the items still had to be reworked. He elaborated there were still problems with roofers, where part of a job was completed, the roofers would leave for another job and then come back to finish. He was aware his client was working diligently to complete the items. He offered to bring these matters to his clients attention the next day, but clarified the project is on a separate plat of land. He elaborated they have a cross- access agreement with the Meadows and were building fee-simple townhomes. Individuals would own their own property. He clarified the request was not really an extension of the existing project, rather it was a totally new concept which were townhomes in lieu of condominium two- story walkups or with elevators. He emphasized he would definitely bring the matter to the attention of the developer and further offered to take Ms. Tator's telephone number so the project manager could contact her to resolve the issue within the next few weeks. Ms. Casaine recommended Mr. Cohen also receive a copy of the list used by Ms. Tator. He acknowledged the association representative was very concerned with what had already been built, and understood there was a complete rehaul of the area, but thought the issues were of concern so the entire area would have the aesthetics and security that was required. He recommended an expression be given that the items would be corrected. Mr. Cohen reiterated he would bring the issues to the attention of the developer first thing in the morning and have a letter back to the Commission and Messrs. Rumpf and Breese by Thursday to determine when the work would be completed. They would follow up with the board as well. Mr. David Katz, 67 Midwood Lane was present. He expressed he did not think the area was known as "Ghetto on the Green". He explained he lives in the Meadows in Windemere. He commented the developer provided many enhancements to a property that was in disrepair'and the developer had greatly upgraded the property. He noted in reference to the townhome project, this was a separate project and when Mr. Cohen attended a HOA meeting, he became involved because he lives in the community and wanted to ensure the project would be first-class and would enhance his property values. He commented he attended numerous meetings with 7 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 townhomes 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 townhome 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 8