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Estates at Heritage Club PUD DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Estates at Heritage Club PUD APPLICANT'S AGENT: Weiner & Aronson, P.A. I~~;jf!~ APPLICANT: New Century Companies, LLC 909 SE 5th Avenue, Suite 200, Delray Beach, FL 33483 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 DATE~yn. ~,t, City Clerk S, IPJanninglSHAREDI WPIPROJECTSIBoymon DixielMPMD 07-002100. doc ~~-07 Exhibit IIA" - The Estates at Heritage Club PUD Location Map I I Ll.J > <( NOT N-CITy-GULFSlREAM DR I 380 190 I N 1.520+ I feet E 5 o 380 760 1,140 r-- ~.;i I ~ -~ .. i"- 'iF~ I - OJ tD OJ r r I . '" 55 I gs gs gS ~ ~ ~ ~ ~ ~s ;~~ R: ~ :<", :<", :~ .. ~ ;;; I ;;; 5 '" ".... ~~. ! ." ." 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I' - i- -UJ ~ i _ (_II ~ ~ ~ .t ~ 10 1: I 1 ~; ~ ',. ~ ~ I l - . i 00 I .I) J fr h - -rOo ~ i I J I I I .. i N0lr36'58"E 64 \:;.__ "'" II ilf L Ilih-' ~ I js LJ I~ ~ I ~.' ~'~'di:;"'" · ~ '~.., I" ~. I _ ~" =-~=- ~ 1 ;y--"" .~.=.~. ~'\r ~__ ;;~ ~:i . - I----i Ii , ~~ I I~ ~~~ ! I i ~I .. -f-.. _ _' ~oj! ~I B~~ ; IS -;0;-- .. ----i .. _ t. - i~ ~:! I - -... - f- - :~ ila . ;. 0 i ~ n 0 l I ~ I I I~- I-I; :I: ~~ If: ~~ ~~I 1. ~ iil~ ~ ~'" t:Jl..H Itsl! ts I GULF STREAM ESTATES PLAT NO. 2 (PB 13. PC 51) GRAYSON HEIGHTS (PB 23, PG 220) o " ;;; . ~ ,~i~l i.::I: il. ~II :11 ~i g 12 lii;d i~ ;j Sl lft~i B~ ~ ~i . !,~ ~11!iil ~ ll> ; ~i "il~:I: I ~ I~ ~ ~ :I: ~ll' ~ 8. ~ "'" "'~ !ii I~ . ~.~ . IU~ I I 0 10. ~ I nIl';; m n :!P~IP I ~ II ~:b-u I I ell.. I II IjidP J ~. ,,~:~=J I I I ~ ; , ~It' I J :I--:i ! s mm !; N ~: n: ;i~11 ! [. i ~ ~ ~~~~ll~;II Iii - ! g ~ ~ Ii! ~ .", ~ e I :~~ i i i :i;ES; ~ .... ~ = -e- :; _I ~ I " "'..., " '-....; ... 17{-- .ri~ !l g ~ BOYNTON DIXIE ~ TOWNHOMES i * Icm- OF BOYNTON 1lEACIi, ""'" BEACH COUNTY, Fl.1lRIIlA , :!I ~ srn: PLlN ! ! ! ~ ~~~7?S 1= ~ ~ C.rtlflcat. of. "wthorf-z-atJan No. LB6....,56 :w'tO ~ ....... ....... &t. ........... ...... 11. HCJ64. ~: tI54.......3__i133 .. 'FAX: H4....713-lf.75'.. a[" t' I 0.. EXHIBIT "C" 11 I 1 ~ I! ~f~ I[ I. t;! II II n llill r:W I m I,l H'''~ .." r'. I . ~,.B;."..:r! I~ ' 'I r ! ij .,1 ,~ J . f"f ~ ~ Jh I I ..j I It ~ 1~! n nil mr' lifi Wilrrlr , " 'J' It .. r~". f ......., .. '..;:" - i " I In rllPfI -.,.! -,," \ f ! ! [ ~n : () tT1, z' 'oz ~I $: rM ~I~.,~~ ~~~ ~ I o i~ I) ~l-~ 1!i .. m ~ .. ~-=- Ii! ~ Iil,I, ~' p fl : \ !I~j ~. r E :< ~ ~ '. '.'" --------------- FLORIDA EA ' I ---------------__ Sr COAS~~"-ROAD Ii II --------- ----------~-+--------._---------- --------- -------------------- --------L__.._ ---------------. - D~:.~/r:'!..~~:. . ---------------------~---_._~-~-~--- '" . 0 ! ,., f 1l1:ll: 'p I Overall Landscape Plan The Estates at The Heritage Club GulfstrE:e.m Boulevard Boynton ReAr:n, Fioridn ~:Z;:~~.~~~ D':~;" i ~,. I'" ..",nm.. ! . '~J" ~u,,~.~t UC"!H~TUn ^ A ~:::.::::~'.::. ~f ~JF laYI'''IlIIlU~ 'IIC>CIU'''. ARCH ITECTU UlAl AlLlAN CE .ul.............._."'"'...-.o.au:./UlIlI...I.... ........ Yu..'....)7W_ '..'I...}J......U\ r-.._,_ EXHIBIT "D" - CONDITIONS OF APPROVAL 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 Zoning Department date stamo marking. DEPARTMENTS INCLUDE 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. Revise plans to relocate canopy trees far enough back from drive aisles to 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 REJECT X 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 timeline 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 P 3 age 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 13 R. 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 project 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 REJFrT 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 AOlO) 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 Page 6 DEP ARTMENTS 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-l 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 Y2 the X building height of the building (Chapter 7.5, Article II, Section 5,M.). 37, Revise detail (sheet LC-l) 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 granted. 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 $1,4l8/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 DEP ARTMENTS INCLUDE REJECT 46, Condition #34 to read: Revise plafls all landscape plan pages (LP-l 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 g). 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 enelosures will be limited to the underside of roofed porches. No exterior screen enclosures will be allo'Ned" "should not extend beyond the roof line", ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\MPMD 07-002\COA.doc