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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVlSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 April 6, 2007 www.boynton-beach.org Mr. Jason Mankoff Weiner & Aronson 102 N Swinton Avenue Delray Beach, FL 33444 Re: File No: Location: Estates at Heritage Club MPMD 07-002 West of FEC Railroad on the north side of Gulfstream Blvd. Dear Mr. Mankoff: Enclosed is the Development Order granted by the City Commission on March 20, 2007, which represents approval of the Master Plan Modification to allow revision of the type of housing approved from 82 fee-simple townhouse units to 25 fee- simple townhouse units and 56 single-family zero lot line units (a net reduction of one unit) on an 8.6 acre parcel in the Planned Unit Development (PUD) zoning district. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, / .L- C-() ,_ Michael W. Rumpf Director of Planning & Zoning Enclosure - Development Order S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\MPMD 07-002\Approval Letter.doc TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER.# 01/18/2002 13:48 PLANNING 5517425259 BROL3J875851 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 01/18 13: 43 92725831 00:04:48 12 OK STANDARD ECM . DEVELOPM"-' 'T ORDER OF THE CITY COMMlf - ~ON OF THE (" (Y OF BOYNTON BEACH, FLORlLu\ PROJECT NAME: The Estates at Heritage Club PUD APPLICANT: New Century Companies, LLC 909 SE 5th Avenue, Suite 200, Delray Beach, FL 33483 -, Ii " -~ , - -, -,-,---- 'I APPLICANT'S AGENT: Weiner & Aronson, P.A. APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2007 TYPE OF RELIEF SOUGHT: Request a Master Plan modification to revise the type of housing approved from 82 fee-simple townhouse units to 25 fee-simple townhouse units and 56 single-family zero lot line units (a net reduction of one unit) on an 8.6-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way) 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 /HAS 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 /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 r" " I I , r-' i \l \ i \ - '\ \ \----- 1 i ' 5 2QCr DATE~ yn. ~,t" W"M'"'~ mW",Rorncr"&~ o,.,~,~ m:~erk l( ~ \"i _ k\ ---- -1 ~ ;:~.:-"- r~~~',~_'_~":": t~::...,----",,---_.~.- ,- Exhibit "A" - ~he Estates at Hernage Club PUD Location Map IJ.J ~ NOT N-CITy-GULFS1REAM DR I NOT IN CIT~ l I CARDfNAL'CIR 380 190 I o 380 760 1,140 N 1.520+ I feet E 5 EXHIBIT "C" Ii I i~ ~r L I. IH Ii II ~l Ilill mill ~l I' I{"..! --,,', ..,. ,I r.' , .1 I f~-L ., n fiW r~Hrr!r/lrf , ,ll.~ ,,.! ..,. i"'" i rn mrffl --I .... \ r I I r , n nr-n oozZ :1 $: t'T1 ~~-1~ ~ Z,C ~~-< ; I o i~ ~ Bl-~ 2l ;;;m ;;;; :: ~-= m, l'r if! fl f H 1'. -' 1 L, I I I ... . . I,r-- ill m! I I ! i~~ iBtil ~l:___ Ii I ----- FLORIDA EA .. I --,,-___ ST COASTRAILROAD !III ----- I i -~---------J_____ ---..-.--- '----------'------------- _ D~E!!IGHWA y ----- i -," "- ---- - "- -------L--__L___._ <> Qyerel1 Landscape Plan ::2~~:..~~~~ D m~ ...."m.. , l~" [B . ~J)1. ~A..".~t UC.'U~IUU The Estates at The Heritage Club - L..D~L...I.' ---cs B!~t ,~p. I ~G ,on...r"hLHocrUIWl I ~ II ~PHF 'p Gul1stream Boulevard ARCHITECTURAL ALLIANCE Boynt.on Rf!Br:h. Florid", 1121.W_._.I1IlI1......llOU,~u.r.. -_. _ lUol_l_ I......'""'l..._~' I~_'- ,- ~ -&- ~ _I -R_ ~ 1fT 0 ~ '-...;;;,,: ~ l'i N .t'lIS'O<tlS "" " - << . 0 i . ~ i ~ g I ! t:.A.H U:Sl I tl iii!! r-- ~ ml 1m: a __~ ~"';;; :i~~ ~r- r- - 6.9 59 ~-~ ~ 9 ~ I ~ 5 1"5 ~K.; ~~ ~ ~;:; ~;:; :~ 0; ; 0; I - I;; R: _~~-~ ........ 3 Ql(.ol O'JN III ,,0 Q)C '"~. l I I i.... 1. .... L':i:iW~'~_, ,Ill. ... Jl) ~US~.tn.. ". I '" '~1 '- '-'. ,-," .-" ,<:- - L&.~i m'l! g I~ '. ~ ~ ~ ~ ;;: ~ ~ ~ ~ i ~ ;;: Tl/ r ~ ~ I - :~ i'~~L.JrJrh1:~kL!r~~L!f",lJr1~i I : 1-> .I i - - -r- ~t- - ~ ~~,'~: ~ I ~ ft '" 1:11 '~'~ ~~ i I j i .r* "': ;: 'hd" t. t:-~:: " .:;:r I~: ~. I I ~ .5T'," f'.:. I'!..~"~_: i ~ ' i i! L ~ t ,l,~'~' Ii! '..;.'. '.' I '~." " . ;;: ;',~ ~ ~~; I ;;: ~ I!!.. '; - - ---=.- . . ~ I: ~ : Ii ~ ( · ~ jlj, ...a ,. i . '~:e ~111 : '_li "" 1l".,~'?~-U:';;: i,~~ I~~ '....1,. Ii 1:,...:.& 3~f . f ~1 ;li IN.i....; i ~ ~ ~ l!' II ft~ ,;.. lj.. . .... _.J',,' ""'" _0 C'-'~." ~ .~, _u ;'...;:' ~ !!l : ;;: 1~:1 ~ -- 'f' '''_::f_i:~== ;,j'" ~,~ ~ i I:, i! ~'I..~ .",,;;: $ ill' ;: l)J J ~ ~ it; l' ~,!.~ t ~ ~ ....\. ~1:1'lri, ' 'I ~ i" ~- R - .... ..,=- : i -. 1 : :C~_::'.... t '", j ",rlo~,,'~.':i-,", 'i i~l~,~i :'l~ ~ g :1..;:; Z! I;"'~ t i: .,Ii: C'l ~:ti,_ ., -, 1 I : ...... . ~ "'. I 1-1.'1 .~ .' .,; .,' ~ 1'1 i:: I' ;;: ,I. .. I' ,,1 ...... ~. i Il,n ~ g ~ ol.-~I' L,_ ~ \..=c ~ j -,; / JIlM Ii".' ~d.' ;;: ". \ ~... ~ -1" . II · I'~ -LlJ IfI I Ir 1:1 I '. & II i. Ii . - J!/ '}'L.J'R S -I. =, DC I .lJ. ~ f 1 I J Notr36'5e'E: . -r 'i;; - r ~ J I~ ~.' ~~.' ~'~"!ii;;~ ._--""~-"" !. - ----- ~ -----. 1----::::;- li~ ~ I Ii -====-- k... l~-t--_~ I~~ II I Iii :----0_____ f I \-_ '. a - -0- GULf STtREAM ::5 PLAT NO.2 (PB 1.:3, PC 51) GRA' JGHTS (PB 23, p~ 2.20) .. .. 1 I I I I i~ L I ( - ~ '" " ;;; -f-- . " " '1;;u;1 ~~ II C .f.U~..lllil ." I a I as ;1 HI s ~ I~ j~ ~ ~ I :!i -ili I I II i . ;1 1m ~ ~.I.~~ -"U~ I UI I .1 ! ~~ I II i idH ~r~ J . I~ ~ ~ " ~iin r j .J . il ~I j , f ~.i ~I ~ ~. ! u u b "I -- a n;11 t"" Iii: i~ i If : __a:: ~ . f'lP""'~!l"'!'" i ;; . ~j ~nii aa g !! "';":, ~i S i;U,,!; II Ii ar.t 0 l 8 IS ~ I "il~l~ . m g i ~ m;~~~ , I~ i ~ ~ il I~ "C ~ = a ! ;"t;"'t ;- . " 1';:'0= J . .~ ti .tl=~;;il = . C1i~ ~~ fi~; g~ 1. ;<l" ~il _ 0.' !l 'f..nfl ..... Ii: .' ili ~ I~ j'I ~ i BOYNTON DIXIE ~Im ~ I DnA SHAH ,_ ii:.:i! TOlrNBOJilES. .~ ~ ~ !~DROTOS"""'" i ,., CITY OF BO'\111l'9N BEACH, ....., lIlrACH COUlIIY, F1JlRIOI\ ~ II II l!I ~ "II. SSG C , ATE S "'- , m ~ it.. ........ p.......u ~:g Cett1floaM of A'tltthOrl2':'atl-an No. LB'6....,56 -!':=g:l,i.A .&liiIlon J;41O ...... ......... ,~,bt. .-hmpono 4eactl. n. U064 ftI: ~-tN3...iC33 .. 'FJoQ~,154-7I3-4754 ~~ r~j i !.~,I i~li I i~2 d dil ~. ~ ~~ ~~j !~ r;~~ ~I ij~ i~ ~:~ ~~ il~ EXHIBIl .'D" - CONDITIONS OF A}J"I>ROV AL Master Plan Modification Project name: Estates of Heritage Club File number: MPMD 07-002 Reference: 2nd review plans identified as a Master Plan Modification with a January 30,2007 Planning and Z . D d k onm~ enartment ate stamn mar m~. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). PUBLIC WORKS - Forestrv Comments: 2. Revise plans to relocate canopy trees far enough back from drive aisles to X minimize the potential for vertical conflicts with high-profile vehicles. PUBLIC WORKS-Traffic Comments: None X ENGINEERING Comments: 3. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 4. 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. 5. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the process to re-plat this property through the City's Engineering Division. All Conditions of Approval (COA) generated by the City Commission applicable to this new site shall be reflected on the new record plat. 6. 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. 7. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 2 DEPARTMENTS INCLUDE REJECT accordance with the applicable City of Boynton Beach Standard Drawings and and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 8. Please provide a time line that clearly illustrates when water and sewer X 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 time line 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. 9. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as well as the 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 may interfere with utility services, either in utility easements or public rights-of-way. 10. Palm Beach County Health Department permit revisions will be required for X the water and sewer systems serving this project (CODE, Section 26-12). 11. Water and sewer lines to be owned and operated by the City shall be included X within utility easements in accordance with the LDR, Chapter 6, Article IV, Section 6. 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(e). 12. 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. 13. 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. 14. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 3 DEPARTMENTS INCLUDE REJECT 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. FIRE Comments: 15. All buildings, except freestanding private homes, that are over 30 feet high X must have a fire sprinkler system per NFP A 13R. 16. Entrance gates and all roadways must be a minimum of 20 feet wide for two- X way traffic and 12 feet wide for one-way traffic. 17. Entrance gates must have a KNOX key override installed for Fire and X Emergency Forces entry. 18. Fire hydrants shall be spaced a maximum of 400 feet of road travel apart with X no part of any building further than 250 feet from a hydrant. 19. A flow test shall be conducted within six months of submittal of this proj ect X that shows 1500 gpm at 20 psi available above normal domestic use for Fire Department operations. POLICE Comments: None X BUILDING DIVISION Comments: 20. 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. 21. 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. 22. At time of permit review, submit signed and sealed working drawings of the X proposed construction. Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 4 DEPARTMENTS INCLUDE REJECT 23. Add to the submittal a partial elevation view drawing of the proposed X perimeter fence. Identify the type of fence material and the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section view drawing of the fence that includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade. The location and height of the fence shall comply with the fence regulations specified in the Zoning Code. 24. 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. 25. 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) 26. 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 of permit review. 27. 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)) Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 5 DEP ARTMENTS INCLUDE REJECT 28. 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. 29. 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: 30. Park Impact Fees total $105, 533 (25 Single Family Attached x $1,045/unit = X $26,125.00 and 56 Single Family Detached x $1,418/unit = $79,408.00). The remainder of unpaid portion will be due at time of permitting. FORESTER/ENVIRONMENT ALIST Comments: 31. Revise plans to depict an elevation cross-section detail (similar to sheet AO 1 0) X of the actual heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) to visually buffer the proposed buildings and parking areas from the Gulfstream Estates single family residences, and from the Gulfstream Boulevard and Old Dixie Highway road rights-of- way. PLANNING AND ZONING Comments: 32. Label on site plan (sheet CE-2) the zoning of adjacent development. X According to Chapter 2.5, Section 9.B., PUD setbacks shall most closely resemble required setbacks of abutting yards when in other zoning districts. 33. Revise typical single-family lot layout / setbacks on site plan and landscape X plan to match. Estates at Heritage Club MPMD 07-002 Conditions of Approval P 6 age DEPARTMENTS INCLUDE REJECT 34. Revise plans to indicate easements, including five (5) foot utility easement in X front and rear of each unit, on all landscape plans (LP-I thru LP-8). 35. The removal/relocation of landscape material are subject to review and X approval of the City Forester / Environmentalist. 36. The trees proposed around the townhouse buildings must be installed at ~ the X building height of the building (Chapter 7.5, Article II, Section 5.M.). 37. Revise detail (sheet LC-I) of the fence proposed around the pool/clubhouse X area and along Gulfstream Blvd., to include material and color (Chapter 4, Section 7.D). Also provide the same detail for the emergency access gate off of Gulfstream Blvd. 38. Revise detail of the decorative posts (sheet LC-2) proposed on each side of X the entry drive (west of mail kiosk), to include materials and colors. 39. Revise detail of the typical outdoor freestanding lighting fixture (sheet LP-5) X to also include the exterior finish, materials used (i.e. concrete or aluminum) and color(s). 40. Revise site plan (sheet CE-2) to indicate locations of proposed entrance signs. X Revise sign detail (sheet LC-2) to include the colors of all exterior finishes (Chapter 4, Section 7.D.). 41. Revise site plan (sheet CE-2) by adding a note to address location of screen X enclosures allowed in rear yards of lots adjacent to Gulfstream Blvd to read "screen enclosures will be limited to the underside of roofed porches. No exterior screen enclosures will be allowed". 42. Revise site plan (sheet CE-2) note 6. and note on typical for premium X homesite re: height of screen enclosures to one-story. 43. Revise site plan (sheet CE-2) graphic for premium homesite typical lot layout X from 6 feet to 8 feet on the non-zero side setback for screen enclosure, to match tabular data. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 44. Condition #2 to read: Revise plans to relocate canopy trees far enough back X from drive aisles to minimize the potential for vertical conflicts with high- profile vehicles, if an exception based on tree selection (i.e. use as of Pigeon Plum) cannot be ~anted. 45. Condition #30 to read: Park Impact Fees total $105, 533 (25 Single Family Attached x $1,045/unit = $26,125.00 and 56 Single Family Detached X x $1,418/unit = $79,408.00). Records indicate $63.322 has been paid to date. The remainder of unpaid portion ($42.311) will be due at time of permitting. Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 7 DEPARTMENTS INCLUDE REJtC 1 46. Condition #34 to read: Revise plafls all landscape plan pages (LP-I thru LP- X ID to indicate all platted easements required, including such as five (5) foot utility easement in front and rear of each unit. on all landscape plans (LP 1 thru LP 8). 47. Condition #41 to read: Revise site plan (sheet CE-2) by adding a note to X address location of screen enclosures allowed in rear yards of lots adjacent to Gulfstream Blvd to read "screen enclosures will be limited to the underside of roofed porches. No exterior screen enclosures will be alloYled" "should not extend beyond the roofline". ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\ WP\PROJECTS\Boynton Dixie\MPM D 07 -002\COA.doc Meeting Minutes Planning and Development Boynton Beach, Florida February 27,2007 Mr. Wuebben explained the request would be forwarded to the City Commission and the surrounding property owners were notified. There was no further discussion. Motion Vice Chair Hay moved to approve the request for conditional use approval for a 1,200 square foot cigar lounge in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. Mr. Cwynar seconded the motion that unanimously passed. B. Estates at Heritage Club Master Plan Modification 1. Project: Agent: Owners: Location: Estates at Heritage Club (MPMD 07-002) Jason Mankoff, Weiner & Aronson, P.A. New Century Boynton One Development, LLP West of FEC Railroad on the north side of Gulfstream Boulevard, (The Estate at Heritage Club PUD, fka Boynton Dixie. Request for master plan modification approval to The Estates at Heritage Club PUD to reduce the approved number of fee-simple town house units from 82 town houses to 25 town houses and add 56 single-family zero lot line dwelling units (a net reduction of one unit.) Description: Chair Wische read the request into the record and asked the applicant if he was in agreement with all 43 conditions of approval. Jason Mankoff, Agent for the project, had concerns with four of the conditions. The applicant agreed with the intent of Condition 41 but were not happy with the wording. He suggested the condition read, "Revise site plan (sheet CE-2) by adding a note to address location of screen enclosures allowed in rear yards of lots adjacent to Gulfstream Boulevard." Staff had no objection to the rewording. Condition 30 referenced Parks and Recreation Impact Fees and the remainder of the unpaid portion would be due at time of permitting. Mr. Mankoff advised they already made payment in the amount of $63,222, and they would like a reference to that effect incorporated into the condition. Staff had no objections to the request. The third concern was Condition 34 pertaining to indicating easements, including five (5) foot utility easements in the front and rear of each unit on all landscape plans. He had no objections to the utility easements in the front but explained the property was platted and there would not be easements in the rear of the units. Staff agreed to use what was platted. 3 Meeting Minutes Planning and Development Boynton Beach, Florida February 27,2007 Hugh Johnson, Landscape Architect for the project, addressed Condition 2. When this item was in the early planning stage, staff wanted the sidewalk set back four feet from the curb. They agreed and would plant street trees in the four-foot swale area between the curb and sidewalk. The trees were Pigeon Plums. At the Technical Review Committee, this was brought up and staff had an issue with it. The applicant requested the application go forward and agreed to work with City staff for a suitable tree specimen. Mr. Rumpf had no objection to allowing for subsequent coordination on the issue. If not it has to be relocated. Chair Wische opened the issue for public hearing. Attorney Alexander administered the oath to John Werner, 420 SE 34th Avenue. Mr. Werner was concerned about the lots backing up to the existing homes. He questioned the plans for the rear easement and landscaping issues. Ms. Zeitler explained the condition pertained to a five-foot utility easement within the 25-foot area in the rear yard. The utility easements will now be located in the front of the lot and had nothing to do with the perimeter landscaping. Site plans and building elevations were in the Planning and Zoning for Mr. Werner to review. Staff reviewed the original plans had 82 town house units in 16 buildings with a 25-foot rear setback which mirrored the setback for the adjacent single-family lots. The new plan had the same layout for lots, utilities and streets, but included zero-lot line single-family detached homes for 56 of the lots on the west and north. The lots on the railroad tracks had 25 town house units in five buildings with five units each. All the buildings would be two stories. The plan was consistent with how the request was previously approved and the application was just a change in the type of housing proposed to be more consistent with the adjacent properties on the north and west, which is single-family, detached housing. Mr. Werner explained the existing homes were ranch homes. He was concerned about the building heights and privacy. Ms. Zeitler explained there would be about 50 feet between the two developments. A combination wall and fence on the east property line, and fence buffer on the north and west property line would help ensure privacy and would be maintained by the Homeowners Association. There being no further comments, Chair Wische closed the public hearing. Vice Chair Hay requested additional information on the water lines. James Dratos, Project Engineer, explained there would be a water main connection on Gulfstream Boulevard. The applicant was upgrading to a 6" water main that ran from Seacrest Boulevard along 34th Avenue to east of Dixie to the railroad tracks. They would add an additional eight-inch main connection to the north. 4 Meeting Minutes Planning and Development Boynton Beach, Florida February 27, 2007 Motion Mr. Cwynar moved to approve the request for master plan modification approval for The Estates at Heritage Club PUO to reduce the approved number of fee-simple town house units from 82 town houses to 25 town houses and add 56 single-family zero-lot line dwelling units (a net reduction of one unit) with the comments as discussed in reference to Item 2, Exhibit 0, and between the meeting and the City Commission, the item be would be worked out with the trees and the four feet between the street and sidewalk. Condition 30, that approximately $63,222 has already been paid in fees, checked and noted and only the difference was due, Item 34 would be as platted and the rewording as per the builder would be utilized in Condition 41 plus any and all other staff comments. Vice Chair Hay seconded the motion that unanimously passed. 8. Other None. 9. Comments by members None. 10. Adjournment. Motion Mr. Cwynar moved to adjourn. Mr. Casaine seconded the motion that unanimously passed. Meeting adjourned at 7:05 p.m. ~ ' rJJWJtlf - N JJ}dA/YYlQflvl Catherine Cherry Guberman Recording Secretary 030107 5