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Miraflor NWSP APPLICANT'S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. PROJECT NAME: Miraflor at Boynton Beach De.,elopment p&l BuildIng EngIneerIng Occ License Deputy CIty Cle1'\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Miraflor at Boynton Beach, LLC AGENT'S ADDRESS: 420 West Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 16, 2007 TYPE OF RELIEF SOUGHT: Request approval of a New Site Plan for development of 40 townhomes on a 3.87-acre parcel in the R-3 (Multi-family Residential) zoning district. LOCATION OF PROPERTY: West side of North Seacrest Boulevard across from Mentone Road (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 DATED: !-/q - ~()07 S: IPlanning\SHAREDI WPIPROJECTSIMiraflorlNWSPIDO .doc CONDITIONS OF APPROVAL New Site Plan Project name: Miraflor File number: NWSP 06-027 Reference: 2nd review plans identified as a New Site Plan with an October 24. 2006 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: None X PUBLIC WORKS-Forestry Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure (LDR, Chapter 6, Article N, Section 16), or the requirement imposed by msurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 5. A building permit for this project shall not be issued until this Department has X approved the plans for the water andlor sewer improvements required to service this project, in accordance with the CODE, Section 26-15. CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 3 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 13. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design. ~--~--- 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 18. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 20. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 4 DEPARTMENTS INCLUDE REJECT provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 21. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land. . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(t)) 22. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 23. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. . Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) . United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 24. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking lot from the Seacrest Boulevard road right-of-way. CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 5 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 25. Approval of this project is contingent upon the approval of the accompanying X requests for annexation (ANEX 06-009), and land use amendment / rezoning (LUAR 06-022). 26. Label Palm Tran bus stop on the site plan and include a detail on plans of an X upgraded bus stop shelter, to be coordinated with Palm Tran. 27. Revise last sentence of note 12 on sheet SP-l to read as follows: "The X established homeowner's association will not allow individual pools or additions, and will not allow the any patios or porches to be modified (i.e. increased in size, enclosed, or screened)." 28. At time of permitting, submit a plan which delineates the limits of the X cemetery graves (including any unmarked graves) and provide a signed and sealed statement from the project engineer that the proposed development including the required infrastructure improvements will not impact the existing graves, including measures to be taken to protect them from impacts of construction. 29. Note on both the landscape plan the amount (sf & %) of site that is pervious X vs. impervious. 30. Revise sign detail on sheet DT -I to change the sign color from Buff to White X Wheat (porter Paint # 148-6883-1) to match the perimeter wall and buildings. 31. Revise Tot Lot Fence and Gate detail and Gazebo detail on sheet SP-2 to X include paint colors that match perimeter buffer wall colors. 32. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. Submit copies of the completed art form (on official form). Provide details on site and landscape plans of location and general proposal for the public art area. 33. Plan revisions must be reflected on all appropriate sheets throughout the plan set. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 6 DEPARTMENTS INCLUDE REJECT 34. Purchasers shall be informed that sound walls are not being installed as part X of the development of the project, that there is no guarantee that they will be installed, and that the city is not responsible for installation of sound walls within the 1-95 right-of-way or on the subject property. 35. Consistent with County regulations applicable to the Airport Land Use Noise Zone, the developer shall inform each purchaser, prior to execution of a sales X contract, of the potential noise caused by aircraft at the nearby airport. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Miraflor\NWSP\COA.doc