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LEGAL APPROVAL The City of Boynton 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 September 26, 2005 Mr. Tim Hernandez New Urban Communities 398 NE 6th Avenue Delray Beach, FL 33483 RE: File No.: Location: High Ridge New Urban Communities NWSP 05-016 NW em of High Ridge Rd and Miner Rd Dear Mr. Hernandez: Enclosed is the Development Order granted by the City Connnission on September 20,2005. 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 granted 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. 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 connnitted 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 TRC member for additional clarification of comments. Imoortant: 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 submitted to the Building Department along with thefirst 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. Siycerel~ ~Pf Director of Planning & Zoning Ene: Dev Ord ee: George Kechriotis & Kosta Kechriotis S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\NWSP 05.{l1 6\CC Appvl Ltr.doc DEVELOPMENT ORDER OF THE CITY COMMISSIf)N OF THE CI OF BOYNTON BEACH, FLORID. PROJECT NAME: APPLICANT: New Urban High Ridge PUD 'De"e\q:(t1~~.t p&l ulldln(j Enoll\illarll\\1 Oct. \,lc~nSG I DepuW City Cloy;\. Mr. Tim Hernandez with New Urban Communities -----.. APPLICANT'S ADDRESS: 398 Northeast 6th Avenue Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005 TYPE OF RELIEF SOUGHT: New site plan approval to construct 48 single-family detached homes and 126 fee-simple townhomes on an 18.44-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: Northwest corner of High Ridge Road and Miner Road (Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the' findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 . .cO "'-~' : L ,., . 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 Applic~t's application for relief is hereby , L 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: S:IPlanningISHARED\WPIPROJECTSlHigh Ridge- New Urban ConununilieslNWSP 05-01 '" ........ ,'""" EXHIBIT "C" Conditions of Approval Project name: High Ridge New Urban Communities File number: NWSP 05-016 Reference: 3rd review plans identified as a New Site Plan with an August 9. 2005 Planning and Zoning Department date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Staff strongly discourages on-street parking along High Ridge Road and X Miner Rd. due to their functional classification (Urban Collector) and. the volumes and types of traffic they carry. The applicant may petition the County for permission to utilize on-street parking. If allowed by the County, provide written concurrence of this decision. 2. At the time of permitting, improve High Ridge Road to a minimum of three X 12-foot lanes from Miner Road to the northern boundary of the proposed development. Provide plans, including typical sections, for off-site . <-.':.- improvements, including curb and gutter along High Ridge Road. Palm Beach County permits will be required for work within the Palm Beach County right-of-way. Staff recognizes that improvements required by the city may not be required and / or supported by the County. The developer shall provide a letter of credit in the amount of 110% of the engineer's estimate for public roadway improvements prior to issuance of any building permits for this project. The letter of credit shall be held until such time as the improvements are complete. ENGINEERING DIVISION Comments: ..; 3. The minimum right-of-way width for a PUD is 40-feet. (LDR, Chapter 2.5, X Section 9.F.) The applicant is proposing a traditional neighborhood design and is desirous of utilizing a proposed Code Change, currently in process, to allow for lesser right-of-way widths for portions of the project. Internal roadways will be categorized as "Primary" and "Secondary" based on their functions. Primary roadways will handle internal flow, guests, deliveries and Fire/Rescue access. Secondary roadways will be utilized for homeowner access to the rear loaded parking and will additionally be used for Solid Waste Access. Primary internal roadways shall have no less than 40-ft. right-of-way widths, but may use II-ft. lanes widths. Secondary internal roadways shall have no less than 20-ft. rimt-of-way widths and may use I a-ft. lane widths. The COA 08/23/05 2 DEPARTMENTS applicant shall provide, through homeowners documents, an additional buffer area of no less than 5-ft., adjacent to both sides of the proposed right-of-way to allow for Solid Waste storage and pickup. The buffer area shall be kept free of all obstructions, including fencing and landscaping, for this purpose. INCLUDE REJECT Primary access roadways connecting to High Ridge Road will conform with all Land Development Regulations and City Standards. The above Condition of Approval is contingent upon Connnission approval of the proposed changes to Chapter 2.5 of the LDR. In the event Commission does not approve the Developer shall be required to provide roadways and rights-of-way in accordance with the LDR and City Standards or may seek a variance, in accordance with the procedure established in the LDR. 4. In order to accommodate a roadway typical section within the proposed 20-ft. X secondary roadway (if approved) the engineer shall construct two - 9 1/2-ft. lanes with 6-in. concrete header curb on each side of the roadway. Asphalt paving, lime/shellrock and stabilized subgrade in accordance with City Standards shall be completely contained within the header curb. 5. Upon Connnission approval of the site plan schedule a pre-application X meeting with the Engineering Division to begin the plat process. 6. Show proposed site lighting on the landscape plans (Chapter 4, Section X 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 (Chapter 23, Article II, Section A.1.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.1.a.) Include pole wind loading, and pole details in conformance with Chapter 6, Article N, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Li2htim! Plan. 7. It will be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Art;icle II, Section A. 1. b). 8. At the time of permitting, show sight triangles on the Landscape plans (LDR, X Chapter 7.5, Article II, Section 5.H.). 9. Per the LDR, Chapter 7.5, Article II, Section 5.C.2. Ficus species are not X permitted. See Sheet 13 of 17. to. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 11. Paving, Drainage and Site details will not be reviewed for construction X COA 08/23/05 3 . . DEPARTMENTS INCLUDE REJECT 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. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this proiect (CODE, Section 26-12). 13. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 14. 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. ~ <; ",-" 15. 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. Nqte that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancv. 16. 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. 17. The City of Boynton Beach does not wish to have another lift station X constrhcted for this project. If the applicant desires, there is a lift station approximately Y2 mile north of this project (south terminus of NW 7th Ct. - Lift Station 717) or another approximately '!4 mile east of the intersection of High Ridge Rd. and Miner Rd. (Lift Station 718.) Also available are gravity systems in the Commerce Rd. right-of-way and within the Cedar Ridge subdivision. The invert elevation at Lift Sta. 717 is 1.19. By upsizing to a 10-in. main and using a 0.3% slope it is possible to tie into Lift Sta. 717. Credit for oversizing the main may be available. A copy of the as-builts for Lift Sta. 717 has been given to the applicant. Should the developer propose to build their own lift station for this project, they would have to submit an analysis indicating that the life cycle cost (capital and O&M) would be cheaper for the system with a new lift station than it would be for connecting to the existing stations. This analysis can be conducted based upon "present- COA 08/23/05 4 DEPARTMENTS INCLUDE REJECT worth" of the two alternatives, with an expected 40-year life on the stations. 18. 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); they will be reviewed at the time of construction permit application. FIRE Comments: 19. Appropriate fire department access will be required at the pool/recreation X area. At the time of permitting, an access road (14 feet in width) will be required to the pool area so that medical/emergency victims can be quickly and safely loaded. Revise the plans to show compliance with this requirement. POLICE Comments: None X . ~ BUILDING DIVISION Comments: 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable wamin~ or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drivellane area that is located behind parking vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 36 inches). Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 22. 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 building/so The leading edge of the building/s begins at the closest point of the overhang or canopy to the COA 08/23/05 5 DEPARTMENTS INCLUDE REJECT property line. In addition, show the distance between all the buiidings on all Xsides. 23. 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. 24. 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 Connnission-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 II, Sections 26-34) ~ -c 0,-' 25. 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 ofoermit review. 26. 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: f. A le~al description of the land. g. The full name of the project as it appears on the Development Order and the Connnission-approved site plan. h. If \he project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Connnission-approved site plans. 1. The number of dwelling units in each building. J. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 27. Pursuant to approval by the City Connnission 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 Connnission. COA 08/23/05 6 DEPARTMENTS INCLUDE REJECT .. 28. 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: 29. The impact fee will be : X Single family, detached 48 units @ $940.00 each = $45,120.00 Single family, detached 126 units @ $771.00 each = $97,146.00 TOTAL $142,266.00 FORESTER/ENVIRONMENT ALIST Comments: . ...:.;;;;, 30. All ornamental trees on the Plant list must be listed in the specifications as a X minimum of 3" diameter (not Cal) at DBH (4.5' off the ground), 12'-14' height, and Florida # 1. The height of the trees will be larger than 12' -14 ' to meet the 3" diameter requirement (Chapter 7.5, Article II Sec. S.C. 2.). 31. The irrigation system design (not included in the plans) should be low volume X water conservation using non-portable water. 32. Turf and. landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 33. Trees Should have separate irrigation bubblers to provide water directly to the X root ball (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 34. According to the Land Development Regulations, alleys and other secondary X roadways are considered to be rights-of-way. In a Planned Unit Development, the minimum width of a right-of-way is 40 feet. Approval of a variance or an amendment to the Land Development Regulations would be reQuired in order to allow the alleys to be less than 40 feet in width. 35. A unity of title may be reQuired. The Building Division of the Department of X COA 08/23/05 7 DEPARTMENTS INCLUDE REJECT Development will determine its applicability. 36. On the master plan (sheet 1 of 6), with a dashed line, show the limits of the X 2nd story porches proposed on the sides of the townhouse buildings; or is this already shown in the typical Multi-family Setback matrix? 37. At the time of permitting, the elevation pages of the clubhouse should include X the exterior finish, paint manufacturer's name, and color codes. (Chapter 4, Section 7.D.). 38. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the J];faphic illustration. 39. All trees, if proposed 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.). This applies to the Ligustrum, Bald Cypress and Live Oak trees. 40. The trees proposed around the townhouse and single-family detached X buildings must be installed at Yz the building height of the building (Chapter 7.5, Article II, Section S.M.). 41. The landscape plan shows that there are trees proposed outside the property X . -<:;~ line, along High Ridge Road and Miner Road. The trees would require the Engineering Division review and approval. Regardless, they cannot be used within the landscape plan as counting towards meeting the minimum required number of trees. 42. Staff recommends that where possible, the trees proposed within the east and X south landscaped "common" areas be spaced no further than one (1) tree per 20 linear feet. 43. Regarding the subdivision wall sign, place a note on the site plan indicating X that the sign will be located 10 feet from the property line (Chapter 21, Article IV, Section J.D.). .. 44. The ends of those townhouse buildings directly visible from High Ridge Road X and Miner Road should be enhanced with features similar to the front facades using elements such as balconies, individual roof features, porches, varying surface materials and colors, etc.). Those units would include #1, #17, #40, #84, #96, #139, #147, #169, and #174. 45. Indicate on the plans the proposed locations of the townhouse buildings by X type (not unit type). Two building designs are proposed but not located on the site. Placement of the two building design types should maintain compatibility in the proiect. COA.doc 08/24/05 8 DEPARTMENTS INCLUDE REJECT 46. Color swatches are to be provided for all proposed colors. Those unmuted X colors proposed, typical of the Caribbean or other islands, or waterfront environments, are inconsistent with established colors throughout the High Ridge Road corridor, and should be replaced with muted earth tones to increase compatibility with existing buildings and the natural characteristics of the area (i.e. existence of scrub and other preserve areas, and mature trees and other existing vegetation). Modify the proposed colors as follows and provide color renderings to match. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 47. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 48. To be determined. LJl~ - ""","...;;., MWR/elj S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\NWSP 05-016\COAdoc