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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 www.boynton-beach.org January 24, 2007 Mr. Bradley Miller Miller Land Planning Consultants 420 W. Boynton Beach Blvd. - Ste. 201 Boynton Beach, FL 33435 RE: File No.: Location: Miraflor NWSP 06-027 West side of north Seacrest Blvd. approximately 0.5 miles south of Hypoluxo Rd. and immediately north of Pine Point Villas Dear Mr. Miller: Enclosed is the Development Order granted by the City Commission on January 16,2007. The site plan approval is valid for eighteen months from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension requested prior to expiration. 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 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 submitted 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. SPT:~lYW Micha~~mpf Director of Planning & Zoning Ene. S :\Planning\SHARED\ WP\PROJECTS\Miraflor\NWSP\Appv] Ltr.doc : ~. ------. .-.-.... ------- -- -~-- ---- p&z. Bu\\dlng EngIneerIng Oee License \ Dep'uty CIty Cler --=:::::::;;;;: CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: tvlllaflor at Boynton Beach APPLICANT'S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. APPLICANT: Miraflor at Boynton Beach, LLC 420 West Boynton Beach Boulevard, Boynton Beach, FL 33435 AGENT'S ADDRESS: January 16, 2007 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request approval of a New Site Plan for development of 40 townhomes on a 3.87-acre parcel in the R-3 (Multi-family Residential) zoning district. LOCATION OF PROPERTY: West side of North Seacrest Boulevard across from Mentone Road (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 1. Application for the relief sought was made by the Applicant in a ma the requirements of the City's Land Development Regulations. 2. The Applicant /HAS HAS NOT 'JAN , 9 2007 , DEPARTMENT OF OEVFU)"!, , established by substantial competent evidence a basis for the relie ~~ll::d. ----~- '.' . 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 !-/q - !).,oo7 S :IPlanninglSHAREDI WPIPROJECTSIMiraflorlNWSPIDO .doc CONDITIONS OF APPROV ft L New Site Plan Project name: Miraflor File number: NWSP 06-027 Reference: 2nd review plans identified as a New Site Plan with an October 24.2006 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: None X PUBLIC WORKS-Forestry Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure (LDR, Chapter 6, Article IV, Section 16), or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. 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. 4. 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. 5. 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. CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 2 DEPARTMENTS INCLUDE REJECT 6. Provide a minimum of ten (10) foot separation between water main, sanitary X sewer, and storm sewer lines. Please note that City of Boynton Beach separation standards are more stringent that FDEP standards. Only 7 feet has been provided between SA and ST. 7. 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 DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. 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. 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. 11. 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. 12. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the record plat process through the City's Engineering Division. A preliminary record plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. FIRE Comments: None X POLICE Comments: None X CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 3 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 13. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 14. 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. 15. 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. I 1 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. 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. 18. 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. 19. 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: . 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 number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The 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 II, Sections 26-34) 20. 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, CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 4 DEPARTMENTS INCLUDE REJECT provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 21. 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 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 number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 22. 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. 23. 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) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 24. 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 Seacrest Boulevard road right-of-way. CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 5 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 25. Approval of this project is contingent upon the approval of the accompanying X requests for annexation (ANEX 06-009), and land use amendment / rezoning (LUAR 06-022). 26. Label Palm Tran bus stop on the site plan and include a detail on plans of an X upgraded bus stop shelter, to be coordinated with Palm Tran. 27. Revise last sentence of note 12 on sheet SP-l to read as follows: "The X established homeowner's association will not allow individual pools or additions, and will not allow the any patios or porches to be modified (i.e. increased in size, enclosed, or screened)." 28. At time of permitting, submit a plan which delineates the limits of the X cemetery graves (including any unmarked graves) and provide a signed and sealed statement from the project engineer that the proposed development including the required infrastructure improvements will not impact the existing graves, including measures to be taken to protect them from impacts of construction. 29. Note on both the landscape plan the amount (sf & %) of site that is pervious X vs. impervious. 30. Revise sign detail on sheet DT-1 to change the sign color from Buff to White X Wheat (porter Paint # 148-6883-1) to match the perimeter wall and buildings. 31. Revise Tot Lot Fence and Gate detail and Gazebo detail on sheet SP-2 to X include paint colors that match perimeter buffer wall colors. 32. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. Submit copies of the completed art form (on official form). Provide details on site and landscape plans of location and general proposal for the public art area. 33. Plan revisions must be reflected on all appropriate sheets throughout the plan set. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 6 DEPARTMENTS INCLUDE REJECT 34. Purchasers shall be informed that sound walls are not being installed as part X of the development of the project, that there is no guarantee that they will be installed, and that the city is not responsible for installation of sound walls within the 1-95 right-of-way or on the subject property. 35. Consistent with County regulations applicable to the Airport Land Use Noise Zone, the developer shall inform each purchaser, prior to execution of a sales X contract, of the potential noise caused by aircraft at the nearby airport. MWR/kz S:\Planning\SHARED\WP\PROJ ECTS\Miraflor\NWSP\COA.doc Meeting Minutes Planning and Developmer:" Board Boynton Beach, FL November 28, 2006 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dujac); and Request to rezone from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3) Proposed use: Residential development consisting of 40 Multi-family townhome units. Ms. Zeitler reviewed the request and recommended approval of the Land Use Amendment and Rezoning. Chair Wische opened the floor to public hearing. Ms. Drago asked when the zoning was changed if it would be just for Multi-family. Ms. Jaskiewicz confirmed it would. Chair Wische closed the floor to public hearing. Motion Mr. Saberson moved to approve the Land Use and Rezoning. Ms. Jaskiewicz seconded the motion. Mr. Blehar explained he had issues with the site plan, with the architecture, and several issues relative to circulation. He thought the only muscle the City had to make the changes was a refusal to allow the rezoning. He announced he would vote against it. Vote The motion passed 6-1. (Mr. Blehar dissenting). B. Miraflor New Site Plan 2. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi- family Residential Zoning. Chair Wische read the request and asked the applicant whether he agreed with the conditions of approval. Mr. Miller agreed with the conditions and gave a presentation. The parcel was separated from the cemetery. The Land Use and Rezoning would be consistent with the Pine Point Villas community to the south. The project was comprised of 40 townhomes consisting of five buildings with eight units each. 6 Meeting Minutes . Planning and Development Board Boynton Beach, FL November 28, 2006 The configuration of the property zigzagged and was irregular to accommodate the cemetery to the north. The entry would be off Seacrest on the south boundary with access roads leading to the units. In the rear there was a turnaround area for sanitation and fire vehicles. There were two different dumpster locations. Each unit had a single car garage and second parking space in the driveway parking area. There were overhead utility lines and those lights would remain. They would also add a five-foot buffer on the south property line and additional hedge of trees using two different types of trees that would comply with FPL requirements. The combination would result in an eight-foot high hedge with tree canopy. The units were about 1,500 sf (square feet). This was not a subsidized low-income housing project. The price range would be in the high 200K's. There was a dry detention area for drainage, a tot lot and a wall on the northern boundary to screen the cemetery. Mr. Miller had diagrams of the units. The project would commence around the summer of 2007. He reported the zoning was an appropriate transitional use from 1-95 to the Single-family areas to the east. The tot lot was the only recreational area in the development. Mr. Miller explained the target market is the family community. Compared to other projects, the size of the lot was appropriate. The proposed landscaping met the Code requirements. Mr. Miller thought the project would revitalize the area. Mr. Blehar discussed the rear elevation of the units would be visible when entering the development, which was the least attractive. He was concerned about the lack of a clubhouse and although the tot lot was provided, he thought it was common to provide a meeting place. He thought because it was workforce housing, it was likely to have boxed vans with signage which could not go in the garage or driveway and the vans would be parked on the side of the project adjacent to the roadway. The zoning was R-1, which was a bigger step from R-3 zoning. He reported the architecture does not age well and thought the development would go down hill. He thought workforce housing should receive the nicest product possible. However, he could not support the request. Vice Chair Hay asked about the size of the street and turnaround areas. Mr. Miller explained they meet the turning radius in the Code. The Engineering Department also reviewed the plan. Vice Chair Hay asked about the drainage. Mr. Miller explained the water run-off would run off the property to the east and west based on the grading of the project. The minimum height of the trees would be 12 feet, which was the minimum tree height. Mr. Casaine thought there were safety features in place and thought it was a well thought out plan. Mr. Saberson asked about the south line of the property and the direction the units faced. The units on the south were oriented to the south. The front entranceways faced each other and had patio areas. One building would face south which would be the last building. Ms. Jaskiewicz asked if the buildings could be flipped to face away from Sea crest. Mr. Miller reported they tried different designs and layouts. He noted there was some separation between the street and the initial wall with landscaping. The cemetery had a hedge and trees, and the landscaping for the project would be in addition to that. He explained he 7 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 worked with the staff on the architecture and there was a line between amenities and affordability. He indicated a clubhouse would add to the price of the homes. He commented his association does not have a clubhouse and they rent a space for meetings. Having a clubhouse would increase the price of the units to an amount that was higher than the one his client wanted to provide. Ms. Grecvic commented as a real estate broker in the downtown area, the project would improve the area. The homes across the street were built out and in foreclosure. There is a true need for affordable town home communities. Amenities such as pools and clubhouses, especially with insurances costs, increase the price of the units. She thought there was a true need for small pockets of communities like this with low association dues. Chair Wische opened the floor to public comments. Ms. Drago, 3118 Pine Country Lane, invited Mr. Miller to attend one of their Homeowner Association Meetings to discuss the plans in greater detail and answer questions. She noted at one time residents from across the street came to their community and used their pool. They were apprehensive about the project because they do not have a gate. Chair Wische suggested having a sign and badge identification. Ms. Drago responded the occurrence she spoke about happened years ago at night. A man who was drunk fell into the pool. Ms. Jaskiewicz noted the Wilson Center pool would be opened. Mr. Kadella was concerned about the ground elevation of the project as it pertained to stormwater runoff. He asked about the buffer on the south boundary line and if it were possible to change the roofline of the first building to enhance the architecture fa<;ade. Ms. Williams thought the price of the housing was not for the working class. With insurance costs, and as a multi-family project with children, she was concerned there would be no accommodations for them. She asked if the units could not be sold, would they be turned into rentals. Chair Wische closed the floor to public hearing. Mr. Saberson asked about the finished floor elevation and drainage. Ms. Zeitler responded staff reviewed the conceptual drainage plan and would review the full drainage plan at the time of permit. The Engineering Department reviewed and approved the conceptual plan which addressed the water runoff. There could be final revisions by the time they submit for a building permit and the review would be much more detailed. Motion Vice Chair Hay moved to approve the request for new site plan to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi-family Residential Zoning District subject to all staff comments. Mr. Cwynar seconded the motion that passed 6-1, (Mr. Blehar dissenting). The board took a short break at 7:52 p.m. The board reconvened at 8:04 p.m. 8