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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 January 7,2008 Mr. Tim Hernandez 398 NE 6th Avenue Delray Beach, Florida 33483 RE: File No.: Location: High Ridge New Urban Communities MSPM 07-010 Northwest comer of High Ridge Road and Miner Road Dear Mr. Hernandez: Enclosed is the Development Order granted by the City Commission on December 18, 2007. The major site plan modification 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 ofthe 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) 742-6269. Sincerely, /"" ,r {J /~. ~ Michael W. Rumpf Director of Planning & Zoning Enc. Development Order with Conditions of Approval S:\Planning\SHAREDlWP\PROJECTS\High Ridge- New Urban Communities\MSPM 07-01O\Approval Letter.doc DEVELOPMF~T ORDER OF THE CITY COMMIS~ION OF THE l.. Y OF BOYNTON BEACH, FLORIl-.~ PROJECT NAME: High Ridge PUD Development P"&Z' Building Engineering Occ. License Deputy City Clerk APPLICANT: 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: December 18, 2007 TYPE OF RELIEF SOUGHT: Major site plan modification to change the type of housing approved from 48 single-family detached units and 126 fee-simple townhouse units to 110 single-family detached units (a net reduction of 64 units), and to revise other related improvements 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 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 Regulations. 2. The Applicant /HAS HAS NOT L WI; v' " 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 Applicpnt'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 IC}. - <5/0-07 S:IPlanning\SHAREDlWPIPROJECTS\High Ridge- New Urban CommunitieslMSPM 07- ".., "" EXHIBIT "C" CONDITIONS OF APPROVAL Maior Site Plan Modification Project name: High Ridge New Urban Communities File number: MSPM 07-010 Reference: 2nd review plans identified as a Maior Site Plan Modification with an October 30. 2007 Plannin~ and Zonin\! De chte stamn markin\!. 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 - Forestry Comments: 2. Add the following note to plans: "It will be necessary to replace or relocate X large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.l.b.)". PUBLIC WORKS-Traffic Comments: 3. Prior to the issuance of the 56th certificate of occupancy, complete the X improvement of High Ridge Rd. to a minimum of three (3) 12-foot lanes from Miner Rd. 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 Comments: 4. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. COA - High Ridge PUD MSPM 07-010 Page 2 DEPARTMENTS INCLUDE REJECT 5. 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. 6. A re-plat of this subdivision will be required upon satisfactory Commission X approval ofthis major site plan modification. 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at the time of permitting. UTILITIES Comments: 8. Even though this development has approved utility plans on file for the X original development concept, please provide a time line that clearly illustrates when water and sewer services will be required to serve this revised project. Your starting date for the time line 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 should be used to determine the adequacy of water and wastewater treatment capacity for this project's completion, so please be as accurate as possible. 9. Palm Beach County Health Department permits will be required for the X water and sewer system revisions serving this project (CODE, Section 26- 12). 10. If not already paid, the CODE, Section 26-34(E) requires that a capacity X reservation fee be paid 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. 11. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. Easements shall be centered on the sanitary sewer main and the minimum width shall be determined by using two (2) times the depth of the sewer main plus three (3) feet (for trench bottom). Easements widths will be finalized at the time of platting and permitting. The easements shall be dedicated via separate instrument to the City as stated in the CODE, Section 26-33(a). 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 COA - High Ridge PUD MSPM 07-010 Page 3 DEPARTMENTS INCLUDE REJECT 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 X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 14. PVC material not permitted on the City's water system. All lines shall be X DIP. 15. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 16. Provide a minimum ten (10) feet 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. 17. Provide a minimum ten (10) feet separation between water main, sanitary X sewer, and storm sewer lines and the outside edge of buildings. This includes the projection of roof lines, balconies, etc. to the ground. FIRE Comments: NONE X POLICE Comments: 18. Prior to issuance of the first building permit, the applicant shall prepare a X construction site security and management plan for review by the City's Police Department CPTED Official. . The developer/project manager after site clearing and placement of construction trailers shall institute security measures to reduce or eliminate opportunities for theft. The management plan shall include, but not be limited to, temporary lighting, security personnel, vehicle barriers, construction/visitor pass, reduce/minimize entry/exit points, encourage sub contractors to secure machinery, tools at end of work day and/or any other measure deemed appropriate to provide a safe and secure working environment. The security management plan shall be maintained throughout the construction phase ofthe project. 19. Applicant shall provide a detailed photometric lighting plan. X 20. All lighting shall be metal halide following IESNA Lighting standards. X COA - High Ridge PUD MSPM 07-010 Page 4 DEPARTMENTS INCLUDE REJECT 21. Timer clock or photocell lighting for nighttime use shall be above or near X entryways. 22. Pedestrian scale lighting shall be used for all street and pedestrian X walkways. It is suggested that interactive or lighting on demand be used in sensitive areas. 23. Numerical address: X . Shall be illuminated for nighttime visibility (dusk to dawn). . Shall not be obstructed. . Shall have bi-directional visibility from the roadway. 24. Lighting shall be provided for entrance signage. X 25. Landscaping should not obstruct view of windows, building address X numbers, and walkways. 26. Residential Security: X . The door leading into a residential unit should be a solid core door and equipped with a single cylinder dead bolt lock (including garage door). . When placing the order for a front door that will have a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. . If front door has zero visibility to front entryway are, it should be equipped with a 180-degree peephole. . Entry door should open outward versus inward. . All exterior doors should be equipped with security hinges. . Anti lifting auxiliary locks should be installed on sliding doors and windows. . Should be pre-wired for alarm system. . Telephone lines should be run underground with box hook-up on inside of building versus the exterior of building where telephone lines can be cut making alarm system inoperable. It is strongly suggested that the architects and engineers incorporate this into the site plans to insure that the site supervisor is aware of this condition. 27. If benches in a park area are intended for nighttime use, adequate lighting X should be provided for the area in which they are located. They should also be in open view to eliminate concealment areas. BUILDING DIVISION Comments: 28. 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. COA - High Ridge PUD MSPM 07-010 Page 5 DEPARTMENTS INCLUDE REJECT 29. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 30. 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 provided at the time of building permit application, F.S. 374.216. 31. 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. . 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) 32. At time of permit review, submit separate surveys of each lot, parcel, or X tract. 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. 33. 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. 34. 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 Department of Engineering, 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-561-233-50 13). United States Post Office, Boynton Beach (Michelle Bullard-561-734-0872). PARKS AND RECREATION Comments: 35. Landscape plan must include the City's signature trees at the entrance. X 36. Irrigation must be 110% coverage, include separate bubblers on each tree X and have separate zones for grass and bed areas. 37. Park Impact Fee: 110 Single family homes x $1,418.00 = $155,980.00 due X at issuance of first permit. COA - High Ridge PUD MSPM 07-010 Page 6 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: 38. The mitigation trees should all be shown only in the common areas of the X site as depicted on pages 8 and 9 of 15. There can be additional mitigation tree inches provided by planting additional trees around the lake and increasing the diameter inches of all of the common area trees to meet the mitigation total inches. (Tree Mitigation Sheet page 15 of 15) 39. The Lake Management Plan (Upland and Littoral plantings) and time zero X report must be submitted to the City. (Lake Management Plan document Time Zero Report) PLANNING AND ZONING Comments: 40. The project shall comply with the Art in Public Places requirements of Ordinance 05-060. Submit revised Public Art Information Form that provides more detail (art location, accessibility, 1 % and 70% amounts, estimated site plan and completion dates, etc.). Prior to permitting, revise X plans to indicate the location of public art on site and include a detail of the public art including colors and materials. 41. A revised traffic impact analysis must be approved by the Palm Beach X County Traffic Division for concurrency purposes prior to the issuance of any building permits. 42. The project must obtain a revised school concurrency approval from the X School District of Palm Beach County prior to the issuance of a building permit. 43. A unity of title may be required. The Building Division of the Department X of Development will determine its applicability. 44. On Site Plan (sheet 3 of 15) revise setback lines at corner of Lot 8 to be X measured from new property lines (after right-of-way dedication). 45. Revise side elevations of all proposed models (especially those that will be X located along High Ridge Road) to include additional architectural features that will provide visual interest (enhanced with features similar to the front facades using elements such as balconies, individual roof features, porches, varying surface materials and colors, etc.). 46. Provide detail and information on the "ill column" located at various X locations along the right-of-way on both the Master Plan and Site Plan. Indicate proposed signage locations on both Site Plan and Landscape Plan. Revise proposed locations to comply with setback and safe sight corner requirements for signs (minimum 10 feet from the new property line). COA - High Ridge PUD MSPM 07-010 Page 7 DEPARTMENTS INCLUDE REJECT 47. Provide a typical sign detail including height, sign face area, font, materials, X color, etc. on sheet 5 of 15. 48. On Photometrics Plan, indicate proposed site lighting designed at a X minimum average light level of one foot-candle and levels; 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 Al.a.); and include pole wind loading and pole details in conformance with Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A 49. Provide a detail of a typical screened-enclosure permitted within the X building setbacks. 50. Include floor plan and building elevation for Cabana in the architectural X drawings. 51. All building elevations should include the exterior finish, paint X manufacturer's name, and color codes. (Chapter 4, Section 7.D.). 52. Provide paint swatches for the elevations (Chapter 4, Section 7.D.). X 53. Revise site plan and landscape plan to include a decorative 6 foot high masonry buffer wall along the north property line to mitigate the difference in density and intensity of this area of the project compared with the adjacent single-family lot to the north. Shrubs shall be planted on outside of X wall. 54. Revise Master Plan site data to delete reference to PBC RS zoning. X 55. Revise all plans to renumber lots (110 lots proposed, 174 lots numbers). X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 56. The board recommends that condition #40, the requirement to comply with X The Art in Public Places Regulations, be omitted. 57. The board recommends that condition #53 be revised to replace the X requirement for a 6 foot high masonry buffer wall with a vinyl privacy fence offered by the applicant in lieu of a wall. COA - High Ridge PUD MSPM 07-010 Page 8 DEPARTMENTS ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. 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DEE!] i I , , 8m II h I ill 1 m i d , I ~. j I [I .., :::a , ~ , (5 ! z :!i >oj m m i r- ~ ~ ~m i :::! :::! 0 ~ ~ z , ~ ~ I i 4111~ , , IIh , I ~ ~ I B :~ :> iU ~ J J 1 ill J btl 5 J . " Il. ~i I!!J. i MODEL I .40 . BERMUDA > ~ ~. rr f I ~I ~ ~ ELEVATION 'A' ~ Ii Jd J-f LOT: ~f ~~8 HIGH RIDGE PUD o r 1 CIlYOF BOYNTON BEACH, ~ ~ I by. NEW lJRIIAN HIGH RIDGE, LLC. H 1811 "1:30" II I~ 5 :='m . i 'U' .. ~ .'Iu~ . :i~' l~ ~i ~Ijn PI~E ,j iih I ~~ II~ I J~ n J~~ml! ilU I I .hid, ~Ijl 1'~li!1 ~ jih I ~ i ~-r; p r~ , 11 ~I ~ Ii! ii I ; ~ ~ J J J ,I lHf'f .~I II ~H iii If I . f <l>- I I I I I <l>- I 80000 i : DODD DODD j nfL. j ~ 8BBBB. i [83] m [10000 , I ~ ~OOOD , [8E3] , ~ 0000 I i L ,.... -a:::II-,L I ~ I , 11h _ , ! l Il ~ I [8E3] ~ ,~ i .:t:! = ~ " '. J i' !tW l l J I I d Iii I In IIi I , l i i , IIIIIIIIIIIIIII l::XHIBI r "B7" . , ~ i....". I,~ i ~~ ~. .~ ~IIII II ~1~~!I ~ 1m gi d I :i5~1I1 ~II! ~ f. '~1 ~ ::u : ~~. ~ ! I~' illil m I ~ : ~U E ~ I HI ::! I ~ I CIii II ill IPI If I : I 1= ~ i ~I ~ ~~II ~ ~ II h ~ ,I M , i"l l !ill '. J ~ i J l .. J llfli( .~I J I:l:! i MODEL I - 40 - ANGLO CARIBBEAN IE Il. z;i J!!j f ~ I 0 s: 1'l ~ATION T if pl'H ~ rr JJ ,. f or?' rn?:i 0 HIGH RIDGE PUD Ii g II r, ~ I ~ fa:j CfTY OF BOYHTON BEACH, FLORlDf. I .1 ~ I M F::l br: NEW lJR1IAN HIGH RIDGE, LLC. I -C1J- ~DDDo : DODO DODO ~. oBBBB [!l [mODO ~ ElOOOD ~ []t o r;!O OJ c'i -a:J>' I ~ ~ J , II h .:t~ ~ ~ !lW l Ii ~ J l J I I i i j ~~ Ii-, .... mJ'1 ..,., ::a ~ ' m r- ~ ::I o z c'i , I , a J Il. z;i i II h n;1 I ! iW If I J m" ~J. frf f I ~ I ~~~ g rli 1"[ l f gr?'1 ffi~~ ~ I ::: ""'rn-l ~:u,. i [DB] D3[] m i I 1m i I CAMII:jI' "l:Stf' II I~I ~tm ! m~ Il'nl:n I ~I'!i ~ lid l .! II~ I ~ H uli~RII 'Ui II! II~ii'i i1tll... ! i ~5i~ I d I !!! i ~ .-r I ~ ~. .H~r~ Iii ii ::a C5 :!j m ~ -l <5 z c'i : I !l II h l JiW i MODEL I .40. FLORIDA GEORGIAN E1B'ATlON 'C' LOT: HIGH RiDGe PIJD CITY OF BOYNTON IlCACH, FLORIllo\ lID 0, ~~ '0 ~ ~ I i ~ ~ J J J II fUl'f . ~ t ... If pf'1I 'i ~ ' ~ .1 by: NEW URBAN HIGH RIDGE, LLC. Meeting Minutes Planning and Development board Boynton Beach, Florida November 27, 2007 Acting Chair Casaine invited public comments. No one having come forward, public comments were closed. Mr. Blehar inquired whether the applicant could improve the landscaping along the perimeter. Mr. Breese commented it would not be an issue for the applicant, as it was a City-owned cemetery. He added palm trees were recently planted at the site, but it would be a tremendous expense to lushly landscape around the perimeter of the site. Motion Mr. Lis moved approval. Ms. Grcevic seconded the motion that passed unanimously. E. High Ridge PUD Maior Site Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESSCRIPTION: High Ridge PUD (MSPM 07-010) Tim Hernandez, New Urban High Ridge, LLC New Urban High Ridge, LLC Northwest corner of High Ridge Road and Miner Road Request for a major site plan modification to change the type of housing unit approved from 48 single-family detached units (a net reduction of 64 units), and to change other site-related improvements on 18.44 acres zoned PUD. Kathleen Zeitler, Planner, advised the project was previously approved for a total of 174 units consisting of 48 single-family detached and 126 townhouse units. The applicant wished to reduce the number of units to 110 single-family detached units. The property located at the northwest corner of Miner Road and High Ridge Road was previously approved and received a site plan time extension. The reduction in density would decrease from 9.43 dwelling units per acre to 5.96 dwelling units per acre. A revised traffic concurrency approval would be required as a condition of approval prior to permitting. The applicant recently received the school concurrency approval. In the previously-approved development, single-family detached units were located on the larger lots to the west, adjacent to the country club. The smaller lots were along High Ridge Road where the fee-simple townhouse units were going to be built. The applicant proposed a new site plan that basically was the same with respect to the large lots. The lake and amenity areas with the pool and pool house remained. The only changes were to the street and lot layouts along High Ridge Road, where single-family 17 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27,2007 units would be substituted for the townhouses. A re-plat of the subdivision would be required prior to permitting. The landscaping' was very similar to that which was previously approved. The landscape buffer along High Ridge Road was previously approved at a width of 8 feet. However, the County had required the dedication of a 15-foot wide strip along High Ridge Road for a future right-of-way. There were no plans to widen High Ridge Road, and it was unlikely the landscaping would be removed in the future. The applicant was also proposing to add landscaping trees and shrubs on each lot in the development. A variety of models were proposed, ranging from one-story to two-stories. The smallest home would provide 1,875 square feet of air-conditioned space, while the largest would provide 3,009 square feet of air-conditioned space. All units would include two-car garages and additional parking would be provided within the development for guests and overflow. Ms. Zeitler believed this was a much better plan than that which was previously approved. As a condition of approval, staff was requiring a 6-foot masonry buffer wall along the north property line adjacent to the single-family home to the north. The project also was required to comply with the Art in Public Places ordinance. Staff recommended approval subject to satisfying 55 recommended conditions of approval. Ms. Zeitler believed the applicant was in agreement with all the conditions, except for the buffer wall. Tim Hernandez, New Urban Communities, 398 NE 6th Avenue, Delray Beach, believed, with the preponderance of town homes existing along U.S.! and Congress Avenue, there were few opportunities for single-family detached homes. They would be able to offer single-family homes starting below $300,000. With regard to the conditions of approval, they objected to condition #53, contending there were no previous requirements to place a concrete wall along the north end of the property. Additionally, they did not believe the wall fit in with the character of the neighborhood. They agreed to landscape the property, install a fence or whatever else was desired in lieu of a concrete wall. He requested the condition not be imposed. Secondly, they questioned the public art contribution requirement. While they were supporters of art in the community, the additional fee would be difficult for them. They did not believe the fee was equitable as the density and impact were decreasing. They had no objection to the remaining conditions. Mr. Hernandez pointed out there was one single-family dwelling on an acre lot where the wall was required. He indicated he was philosophically opposed to concrete walls separating residential uses. Additionally, the wall would require maintenance. If the intent were to provide a visual barrier, he had no objection to the addition of a fence, hedge or trees. 18 \ Meeting Minutes Planning and Development board Boynton Beach, Florida November 27,2007 Ms. Zeitler presented a map reflecting the lot ran the entire length of the north property line. Most of the homes would include rear-loaded garages. Residents would drive in the community at night, using headlights. Staff felt the masonry wall would protect the adjacent property from the headlights. Acting Chair Casaine inquired whether a hedge would suffice as a buffer. Ms. Zeitler pointed out the hedge would probably be maintained at three feet in height and it could take some time for the height to reach a level where it would provide screening. Additionally, Ms. Zeitler was unaware of whether the hedge would be opaque enough to screen headlights and noise from the vehicles and units. Mr. Hernandez indicated they would work with staff and a horticulturist to put in a hedge immediately that would grow to a height of six feet. They had no intention of maintaining the hedge at a three-foot height. Acting Chair Casaine invited public comments. No one having come forward, public comments were closed. Board comments included consideration of foliage or vegetation rather than a wall. Ms. Zeitler pointed out condition #53 required a hedge be placed on the outside of the wall as well. Thus, the wall would not be directly on the property line, but would be moved into the middle of the buffer, with hedges on both sides. Mr. Lis and Ms. Grcevic believed Mr. Hernandez should be given the opportunity to meet with the homeowner on the lot in question and present the options available. Ms. Zeitler indicated PUDs typically had masonry buffer walls along the interior property lines. Staff did not request a buffer along the west property line as it was adjacent to the country club which provided a large buffer. Ms. Jaskiewicz believed hedges could provide greater soundproofing than a wall could and would agree to a foliage or vegetation buffer in lieu of a wall. Discussion ensued as to the application of the Art in Public Places ordinance to major site plan modifications, and why the condition requiring the wall was being imposed at this time when it was not previously required. Mr. Blehar inquired whether staff believed placement of a traffic light at High Ridge and Miner Roads would be consistent with good traffic planning. Ms. Zeitler believed the applicant had a traffic study made, and it was determined this development would not warrant a light at this intersection. Mr. 'Blehar inquired as to why the developer elected to construct the garages on the alley side. Mr. Hernandez noted the garages were placed in the back for aesthetic purposes. 19 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27, 2007 Mr. Barnes inquired whether the board had the discretion to recommend not applying the conditions. Mr. Breese believed the City Commission would need to revisit their ordinance and make adjustments for major site plan modifications and other desired exemptions. Motion Mr. Barnes moved to approve the project, subject to condition #40 being reviewed by the City Commission as to whether it could be waived or not, to recommend waiving the fee in this case, and to modify condition #53 to include a fence and hedge instead of a wall. Mr. Lis seconded the motion that passed unanimously. F. Mr. Hand Wax Mobile VendinG Unit 1. PROJECT: APPLICANT: OWNER: LOCATION: DESCRIPTION: Mr. Hand Wax (MVU OS-OOI) Jamil Haddad Simon Properties Group Boynton Beach Mall Leased Area Request for a mobile vending unit permit to operate an auto detailing business at the Boynton Beach Mall in accordance with Ordinance 07-024. Mr. Breese advised this was the first application to be reviewed under the new adopted mobile vending unit ordinance. The applicant was requesting formal approval to operate a mobile vending unit and had negotiated a new lease with Simon Properties Group, owners of the Boynton Beach Mall. He noted the board was the ultimate deciding board on this application. It would not go on to the City Commission unless it was appealed by another party, principally the applicant, if he was not satisfied with the decision. Staff had reviewed the request and was satisfied all City requirements and conditions of approval would be fully met. Mr. Breese reviewed all the conditions #1 through #4, which were set forth in the paCket. Jamil Haddad, 11452 Sage Meadow Terrace, Royal Palm Beach, advised he was the owner of Mr. Hand Wax. Ms. Jaskiewicz inquired whether this project differed in any way from the previous business. Mr. Haddad advised the mall required new equipment that was more representative of the image pursued by the mall owners. The equipment was removed each day. Mr. Haddad agreed to comply with all four of the conditions and understood this was necessary in order to be operative. 20