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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 7,2008 Mr. Steven L. Cohen 2941 Cypress Creek Road - Suite 102 Ft. Lauderdale, Florida 33309 RE: File No.: Location: Meadows Townhomes NWSP 07-005 100 Meadows Circle, north of Meadows Blvd., approximately 2,500 feet west of Congress Avenue Dear Mr. Cohen: Enclosed is the Development Order granted by the City Commission on December 18, 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 ofthe 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. Sincerely, -. ~. /'. ~, It} - M1<5hae1 W. Rumpf Director of Planning & Zoning Enc: Development Order with Conditions of Approval CC: NICO Development, Inc. 2101 N. Andrews Ave., Suite 107, Wilton Manors, FL 33311 S:\Planning\SHARED\ WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 07 -005\Approval Letter.doc " DEVELOPMJ=t..JT ORDER OF THE CITY COMMlr 'ION OF THE \.... tV OF BOYNTON BEACH, FLORIU'A Developmont Pc",Z Building Engineering Oce. Licente Deputy City Clerk PROJECT NAME: Meadows Townhomes APPLICANT'S AGENT: Steven L. Cohen --- APPLICANT'S ADDRESS: 2941 Cypress Creek Rd Suite 102 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18,2007 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for construction of 34 townhome units and associated site improvements on 7.966 acres. LOCATION OF PROPERTY: 100 Meadows Circle 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 2 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 L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: I~ -a"o-07 S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 07-005\DO.doc 1""'" .....~ ~ EXHIBIT "C" "'" Conditions of Approval Project name: Meadows Townhomes File number: NWSP 07-005 Reference: 2nd review plans identified as a New Site Plan with an October 30, 2007 Planning & Zoning date ki stamp mar ng. 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 & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 2. All utility easements and utility lines shall be fully shown on the site plan 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. Relocate light poles and canopy trees out of utility easements. 3. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). r "" Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 5. 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. 6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 7. 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). 8. 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. 9. 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. 10. 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. FIRE Comments: None X POLICE Comments: 11. Mailboxes for multi-units should be placed in a high activity and X conspicuous location for enhanced safety and natural surveillance of users. For safety purposes due to cars stopping in the rights of way for mail pick- up and for maximum efficiency in delivering the mail, both the City and the Postmaster request that all mail kiosks be placed in a central location for delivery and pick-up. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 12. At the time of permitting, all projects one-acre or larger shall submit a X Notice of Intent (NOl) to the FDEP for coverage under the NPDES Generic Permit. Copies of the NOI shall be provided to the City of Boynton Beach Department of Public W orks/Engineering Division and Utilities Department/Engineering Division. 13. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 14. 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. 15. 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. 16. 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. 17. 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 Dra\\rings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 18. 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. 19. 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). 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. 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. " 1 ,,' Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 22. 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. 23. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B) If the project is a multi-family project, the building numbers must be provided. The building numbers must be the same as noted on the Commission-approved site plans. C) The number of dwelling units in each building. D) The number of bedrooms in each dwelling unit. E) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Section, Sections 26-34) 24. 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) A legal description of the land. B) The full name of the project as it appears on the Development Order and the Commission approved site plan. C) If the project is a multi-family project, the building numbers must be provided. The building numbers must be the same as noted on the Commission-approved site plans. D) The number of dwelling units in each building. E) The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)). 25. 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. 26. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911 shall approve the address plan. A) Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald: 561-233-5013) B) United States Post Office, Boynton Beach (Michelle Bullard: 561-734- 0872) ,,,;~,,\ DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 27. The plan indicates live oaks to be planted in areas that are only seven (7) X feet wide. The root structure will be hampered by this condition, and the tree will not withstand heavy winds. Recommend using another species in those small areas. 28. Bubblers are required on all trees. Irrigation is to have separate areas for X grass and bedded areas. Coverage is to be 110%. 29. Park Impact Fee: 34 Single Family Attached homes @ $1,049.00 per home X = $35,530.00 to be paid prior to issuance of first permit. FORESTER/ENVIRONMENTALIST Comments: Lake Plantines-LP-l X 30. The applicant must provide a copy of the Lake Management Plan. (document) to be included with the Homeowner Association documents and the re-plat of the property. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.R.p.13.] 31. A time zero and quarterly monitoring report for two years is required of the X developer. Plant Material Sheets LP-l, 2 X 32. The shade tree (Orange Geiger) must be shown in the description as a minimum of three (3) inches DBH (4.5 feet off the ground) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] PLANNING AND ZONING Comments: 33. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 34. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. 35. Provide response from the school regarding potential access for school X children in the neighborhood via a gate in the fence and improved walkway. 36. Landscape drawings indicate an existing 18 foot tall Areca Palm buffer X along the west perimeter. Any gaps in the landscaping shall be filled in with like-size Areca Palms and this buffer shall be dense, so as not to allow headlights to show through. ~ , (.; v Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT 37. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article IT, Section 5.C.2.). 38. At the time of permitting, depict what provisions are being made to ensure X the residents in the vicinity will not be disturbed by audible entry gate call box. 39. Provide copy of the recorded ingress/egress easements that provide access to X this project at time of plat. 40. Conduct any warranted environmental audits on the property and satisfy any X applicable County or State regulations regarding the preservation, relocation, etc. of recognized or protected plants or animal species. 41. At the time of permit application, submit revised photometric plans in X accordance with Chapter 23, Article II, A.I.a., which requires a minimum average light level of one (1) foot candle, with no more than 10% of the readings below one (1) foot candle and none below 0.5 foot candles. Additionally, at the same time, the photometric plan should be submitted to the Senior Engineer for review and approval. 42. At the time of permit application, submit a revised monument sign detail, X depicting the sign landscaped on all sides with a minimum of two (2) types of colorful shrubs and one signature tree. 43. The applicant is responsible for compliance with Ordinance 05-060, the" X Art in Public Places" program and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. LfLt,~ S :\Planning\SHARED\ WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 07 -O05\COA.doc ... 1 in. = 362.1 feet Meadows Townhomes " . I::x..HI~11 ~ ~. a' 8;~~ _ B: "q ~iii ~ :~ ~!ta~i,~ ....A ~~ ~~.~~z ~ ~i ~-I~~ oil -g: 7 H .; ~ ~~ ~~ ~, ". 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I I I _n u_ --1---.. --- -- ..-+~.. , I n'.,. 1 17'_7. I ~?-". M~l BUl'C tl!W(NSION 2flD IL~J I)> ... I\) MEADOWS TOWNHOMES 34 UNIT DEVELOPMENT NlCO DEVELOPllENT tic. I 00 ~EADOWS CIRCLE BOYNTON BE ACH, rL ORIDA ...... ~; ~~ f. , i I . STEVEN L. COHEN ANO ASSOCIATES, P.A. ~. lNTalDR DIal.NII:.. Z.41 w. CY"A.!:BS CREI!:IC. RD. BUITE 1D2 F'CAT L.AUDERDAI..E, F'LDRIDA 333C9 P~~.!.IiJ.!.~~~',:~~~ l::XHIBII I -" p.' ..: ~~:~~~: sE: ~ Ii ." i ~ ~~~8"'~~ ~r,~ :t p~~ !~in~~ ~i! I "'- -. '~~".~E fi~ ''; o. H!~9_ ~ ~ ~~E~Ur f~ I .. ;:U;f~~ ~i I ;r;~~j ~~ I ~ iar- ~ a ~; I I N I ~ c~ I v ~~ I; . I L--- if f . ~.' : W. f. · ..' i I ! '-'- "" I I I \ I \' i I ~~ ~: I ~~ ei "~ " ~~ ~ -e ~~ ~~ ~~ "e ~I , ~ :> ;- II I €I e E' G e G'I'"' , a" ,~ ,~ ,~ ,~ ~~ i ~ I ~~ ~~ ~; ~~ ~~ ~i Iii ~~ ai "I ~l ~~ a. : ~ I "e ~~ ~, ~~ ~~ ~~ f.. ! I ~~ ~~ ~~ ~~ ~~ l~ I ~ ~ ~ ~ i I~ : ~ ;Il ~ i; i L-__~ _L___.... --- i:~ ;:, .~ I)> ~ I\) eN ! f ~ .. 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'I Ii n PI 'I' T HE MEADOWS TOWNHOMES 'f9'.. 'llli!!lIllil' ". II~t[~~ll~al ~~l! t ll' [l f[ i I Ih.~ 11 ~ ....... '0 ~I 0 if.!!1- 00 ~I '. ~ ~ ~ l-....J -..J M: ~ -.:t-.J!! ;; I !I'~'k:'''L!8~I' ':'l't':':: ;';"'l], l"!l1W,r;"J: I ? n \ ,~. ~ . ~ ~ ~:'a; ~ r .: ~ ~ a' ~. .el . -' I t"P "tJ j;' :l f;J r=== i B o ~ ,.,.',.= f ',"' i r:....t;~.tr.i'.:~ 1 t '~~. ~ ! .'J~ 5 I'~;~ ~ i w' -, ~. f ... R' l~ I' Meeting Minutes Planning and Development board Boynton Beach, Florida November 27,2007 Mr. Saberson agreed with comments made by Mr. Lis. He objected to the height of the structure and would rather it be spread out. He believed staff had correctly analyzed the criteria for a variance, and although circumstances were unique, they still did not meet the criteria. Ms. Jaskiewicz agreed the applicant had not met the requirements as staff indicated. Mr. Barnes believed visibility was not the issue, and the problem pertained to the number of floors requested. He added many hotels agreed to the lower height restrictions. He felt the only peculiar condition of the property was that it did not meet the Holiday Innis expectations or requirements and believed the basis for the variance request was not accurate Mr. Blehar expressed disappointment in the low turnout for the Leisureville community. He believed the architect did a good job of breaking up the five stories, and making it an attractive building. However, he agreed with staff's viewpoint that the case for allowing the height variance was weak. Acting Chair Casaine indicated he was in favor of the project and believed it was necessary. However, he believed the recommendations offered by staff were valid and should be further explored. He would like to see the organization represented have the amount of rooms sought, providing they met the criteria presented by staff. He did not believe the location was a problem. Holiday Inns were managed well and patronized for their competitive rates. While he observed wide support for the project and would like to see it go forward, he indicated his agreement with staff's recommendations. Motion Mr. Saberson moved that the variance requested be denied. Mr. Lis seconded the motion that passed unanimously. C. Meadows Townhomes New Site Plan 1. PROJECT: AGENT: Meadows Townhomes (NWSP 07-005) Steven L. Cohen, Steven L. Cohen & Associates, P .A. NICO Development, Inc. 100 Meadow Circle; north of Meadows Boulevard, approximately 2,500 feet west of Congress Avenue Request for new site plan approval for 34 townhouse units and related site improvements OWNER: LOCATION: DESCRIPTION: 12 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27, 2007 on 7.966 acres zoned PUD. Mr. Breese reviewed the request. The site was approved in 2006 by this board and the City Commission for the 34 townhouse units. The property was subsequently sold and the approvals expired prior to the new owner's application for the necessary permits. The subject site plan was nearly identical to the previous project. The noted modifications included the introduction of garages, elimination of the lift station and dumpsters against the west property line, and the facades were changed slightly with the inclusion of the garages. The two-story units within the seven townhouse buildings were arranged along the lake in clusters of four and six units in each building. The units would consist of three-bedrooms and 2.5 baths, with air-conditioned living areas ranging between 1,573 and 1,588 square feet. The plan indicated a landscaped berm 15 feet in width between the proposed parcel and Nautica Sound, with Areca palms planted on top, ranging at approximately 18 feet in height. Staff recommended any gaps in the landscaped berm be filled in with like-sized Areca palms to proVide the necessary buffer. Planned Unit Development (PUD) regulations required that perimeter buffers matched the setbacks of adjacent properties. The Nautica Sound rear setback against the property line was 15 feet. The closest building within this project was at 26 feet, 4 inches and was five feet further from Nautica Sound than the previously- approved site plan. Staff recommended approval of the site plan, subject to the satisfaction of the conditions of approval in Exhibit C. Steven Cohen, architect for the project, and representing the applicant, advised he was the original architect on the project. He met with Nautica Sound relating to problems on the site. Thereafter, additional landscaping was added along the berm and the berm was modified to provide greater protection. The client then sold the project and the new client wished to improve the project, and add townhomes. Pricing was intended to start at below $300,000. The dumpsters were removed, as the garages were designed in a manner that the trash cans could be stored in the garages and put out during trash pickups. Acting Chair Casaine invited public comments. Ms. Grcevic suggested the applicant remove the grass in between the driveways in order to facilitate water conservation. Mr. Cohen believed the suggestion was valid and agreed to have the grass removed. Diane Schrader, 7164 Chesapeake Circle, indicated she would be personally impacted by the project, and contended no one had ever come to any meeting and met with anybody as a group in their community, and that no one in Nautica Sound was aware of this project. Last year she met with City Officials and requested the property be flipped. Costs associated with moving the utilities precluded flipping the property. She 13 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27,2007 believed the project would impact 90 homes, and felt the issues which existed in 2006 still existed, with the exception of the modifications proposed. She contended a City file contained a document relating to a pre-application conference review, which contained a notation by Mr. Breese indicating the allotted amount of units were built for tracts G and H. She argued if the 36 units were surplus, the Property Owners Association for the PUD would need to authorize the reallocation of the units. She requested clarification from Mr. Breese. Mr. Breese pointed out the Master Plan had to be modified to accommodate the use and this was done last year when approval was rendered. The modification was authorized by the Property Owners Association before it was approved by the City Commission. Ms. Schrader inquired as to the manner in which the property could be flipped. Mr. Cohen advised he discussed with Mr. Breese, Mr. Rumpf and the City Manager the concept of flipping. Alternatives were considered which would have been very costly to the developers, as all the existing utilities would have to be relocated. Garages were added to the units, dumpsters were removed in favor of trash cans, and most of the lighting was removed. They redesigned the berm, adding 30% more landscaping, and replaced trees. The applicant's consultant met with the president of the association and reviewed the plans. The president had no objection to the project. Ms. Schrader acknowledged a meeting did occur between the association's president and the applicant's representative, Mr. Katz. However, the association's president did not advise the residents of the meeting or his approval of the proposal. She believed the property could be flipped and requested the board defer voting on this item until the association had an opportunity to be heard. She contended the association's agent was not properly noticed with regard to this Planning and Development meeting. Acting Chair Casaine advised this item was approved by the board last year and went before the Commission with the understanding that the applicant would meet with a representative of the residents. As evidenced, that meeting did occur. Acting Chair Casaine did not believe it was this board's responsibility to notify everyone on the board of Nautica Sound, nor was it the applicant's responsibility. The applicant met with the association's president. The fact that he did not provide the proper notification was not the fault of this board. He believed the applicant had lived up to his responsibility in communicating with the president of Nautica Sound's Association. Ms. Grcevic inquired whether the modified the plans called for town homes, or whether more apartments could have been constructed. Mr. Breese advised they could have built apartments instead of town homes and would only have been allowed to build 35 units. They are building 34. 14 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27, 2007 Ms. Schrader expressed appreciation for the board's assistance but objected to the notification of only ten days, for which she believed the City was at fault. No one else having come forward, public comments were closed. Mr. Cohen indicated they did meet with the City Manager and with Mr. Breese with respect to the project and had worked with the City to make this a viable project. Ms. Grcevic pOinted out she resided in Nautica Sound and would prefer this project to a car wash or other commercial project. Mr. Blehar inquired whether there was a fence on the west property line. Mr. Cohen replied he believed there was a fence on the property. However, there was a large berm on the applicant's side of the property which would be reconfigured to prevent water runoff. Mr. Blehar inquired whether there was adequate access for the sanitation trucks. Mr. Breese advised an evaluation had been made and the trucks could make the turn. Mr. Lis inquired whether the surface of the lake area still met minimum requirements. Mr. Breese advised that type of review was done in the permitting process. They did preliminarily consider the design, but the actual drainage review occurred at the time of permitting. Mr. Cohen added that particular lake was not a retention lake, but an aesthetic lake. Ms. Jaskiewicz expressed appreciation for the increased landscaping and other improvements. Acting Chair Casaine pointed out there were 43 staff comments. Mr. Cohen advised most of the comments were agreed to and taken care of. Mr. Breese advised the project as proposed complied with the Code of the City of Boynton Beach. Staff recommended approval with the conditions set forth. Motion Ms. Jaskiewicz moved to approve the request for a site plan approval for 34 townhouse units subject to all 43 conditions of approval and also taking into consideration the board's recommendation with regard to the driveway area, and removal of the grass in between the driveways. Mr. Barnes seconded the motion. 15 Meeting Minutes Planning and Development board Boynton Beach, Florida November 27, 2007 Vote The motion passed 6-1 (Mr. Lis dissenting). The meeting recessed at 9:06 p.m. and reconvened at 9:12 p.m. D. Boynton Mausoleum Malor Site Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Mausoleum Jason Mankoff, Weiner & Aronson, P.A. City of Boynton Beach 1611 South Seacrest Boulevard Request for a major site plan modification for the addition of an approximately 3,162 square foot mausoleum building, on a 0.93 acre parcel zoned PU Public Usage. Mr. Breese advised the proposal was for a 3,162 square foot mausoleum structure. Boynton Beach Mausoleum entered into a 3D-year lease agreement with the City in 1978 to construct and maintain mausoleum structures with crypts, niches and a chapel along the west side of the cemetery. The landscape plan would be similar to the rest of the mausoleum structures. The design would provide for a hedge along the east side of the mausoleum, adjacent to the circulation drive. The building design was proposed to match the other buildings already on the site. Three sides of the building would consist of polished marble, with marble edging and limestone fascia. The fourth side (south elevation) was proposed as a stucco finish with marble edging and limestone fascia. The building was designed at approximately 16 feet in height, well within the 45 feet allowed in the Public Usage (PU) zoning district. It appeared as though the building as designed would not fit completely on the 40 foot wide lease area. A condition of approval required the building be modified or sited to avoid any encroachments and to ensure its placement was within the lease area as indicated in the agreement with the applicant. Staff recommended approval of the request. Ms. Jaskiewicz inquired whether the condition had been resolved. Mr. Breese advised staff had discussions with the applicant and he did not foresee a prOblem with the condition. Jason Mankoff, Weiner & Aronson, P.A., advised they had accepted all the conditions of approval, and the issue had been resolved. The architect was drawing up the plans indicating the building was within the 40 foot wide area, and the plans would be submitted to the City some time next week. 16