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LEGAL APPROVAL The Citu..!lf Bounton 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 Fit E COpy www.boynton-beach.org February 6, 2009 Mr. Jeffrey T. Schnars, P.E. Schnars Engineering Corporation 951 Broken Sound Parkway, Suite 320 Boca Raton, FI 33487 Re: Cortina @ Boynton Village Dear Mr. Schnars: Based upon the issuance of building permit 08-2601, the City considers the Cortina portion of Boynton Village to be vested, with respect to the approved site plan. Please be aware however, the Boynton Village and Boynton Town Center traffic concurrency approval letter dated February 1, 2005 provides that no building permits should be issued after the build-out date of December 31,2008. Although the City considers your site plan to be vested, you are still subject to the requirements of Palm Beach County Traffic Performance Standards, which will require the applicant to request and receive an extension to the traffic approval letter prior to the issuance of further permits for the project. If you require any additional information, please contact me at 561-742-6262. Sincerely, Ed Breese Principal Planner CC: Jeff Livergood, Public Works Director Karen Main, Plan Review Analyst Tim Large, Building Codes Administrator 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 16, 2008 Ms. Kim Glas-Castro 222 Lakeview Avenue - Suite 800 West Palm Beach, Florida 33401 RE: File No.: Location: Cortina at Boynton Village SPTE 07-010 Northeast comer of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal Dear Ms. Glas-Castro: Enclosed is the Development Order granted by the City Commission on January 2,2008 for a second one (1) year site plan time extension for site plan NWSP 05-001, which was originally approved on September 20, 2005. This second approval extends approval from September 20,2007 to September 20,2008. In order to maintain vested status, a building permit must be secured or an extension granted within this extension period. 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 this new Development Order, including these conditions, must accompany the submission of the fully amended site plan set, as well as the original Development Order and associated conditions. Please recall that as a condition of approval, the developer must timely submit an interim landscape plan for permitting purposes, depicting the landscape design agreed upon at the commission meeting. Upon issuance of a permit by the city, the developer shall timely install the approved landscape material. Additionally, the developer agreed to monitor and maintain the plant material, the fence screening and foster the growth of grass on the construction-disturbed sand areas, in order to minimize views of the site and blowing sand. Failure to do so will lead to further code compliance action. 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. . Page 2 January 16, 2008 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. Sincerely, ;J~ Michael W. Rumpf Director of Planning & Zoning MWR: jdc Enc. Development Order with Conditions of Approval S :\Planning\SHARED\ WP\PROJECTS\Boynton Village-Boynton Town Center I \Boynton Village Cortina NWSP 05-00 I \SPTE 07 -0 I O\Approval Letter.doc DEVELOPMf 'T ORDER OF THE CITY COMMI~"'ON OF THE Ci IY OF BOYNTON BEACH, FLORIl....'\ APPLICANT: South Florida Devco Vito .; " 3 Oevelopment P&Z Building Engineering Occ. License Deputy City Clerk PROJECT NAME: Cortina at Boynton Village APPLICANT'S AGENT: Kim Glas-Castro, Ruden McClosky AGENT'S ADDRESS: 222 Lakeview Avenue, Suite 800, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2008 TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20, 2008, for 458 fee-simple townhouse units on a 30.29-acre parcel in the SMU Suburban Mixed-Use zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby V"'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: 01-04-08 S :\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynto 010\DO.doc ;t" " EXHIBIT "e" Conditions of Approval Project name: Cortina at Boynton Village File number: SPTE 07-010 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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 P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. X \. I Cortina at Boynton Village / SPTE 07-010 Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. The eastern boundary of the project shall be enhanced with buffer plantings comprised of Live Oak trees planted generally consistent with the planting X plan for the perimeter pathway corridor and as shown on the enhanced photographs presented at the January 2, 2008 public hearing, and shall also include palm trees planted between the rows of Live Oaks. S \Planning\SHAREDlWP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Cortina NWSP 05-00 1 \SPTE 07-01O\COA.doc ~xhibit "A w, - CortL a Locatio n Map . "1. ,,: .. , ~ .'. ./ , ,,1 ( " , 450 225 I o 450 900 1,350 N 1,800 + I Feet W E S