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Town Square Phase Three (HTEX 19-001) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase Three (HTEX 19-001) APPLICANT: James S. Gielda, JKM BTS North, LLC APPLICANT'S ADDRESS: 2300 Glades Road Suite, 202E, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2019 APPROVAL SOUGHT: Approve a Height Exception (HTEX 19-001) for Town Square Phase Three in order to allow the proposed architectural elements to exceed the 75 foot maximum permitted by code and allow a maximum height of 87 feet and nine (9) inches. LOCATION OF PROPERTY: The Phase Three (3) portion of the Town Square Master Plan located at the north east corner of the site bound on the north by Boynton Beach Boulevard, the south by Ocean Avenue and on the east by NE 1st Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval 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 request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. 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: ��Y,9 7� City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\HTEX 19-001_DO.doc Page 804 of 993 EXHIBIT "E" Conditions of Approval Project Name: Town Square Phase Three File number: MSPM 19-005 /CDPA 19-001 / HTEX 19-001 Reference: 4th review of plans identified as a Major Site Plan Modification with a March 18, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY I UTILITIES Comments: 1. Provide an 18-inch clear zone for the columns supporting the X porte cochere. 2. Provide the height dimensions of the opening(s) to the parking X garage. 3. The light poles and fixtures shall be coordinated with Town Square X standard and shall be owned and maintained by FPL. 4. At the west entrance (NE 1st Ave) of the parking garage please X provide a turning radius for the south bound right turning movement. 5. At the dead end, on the first level of the parking garage, a tee-turn X around is required in accordance with the City Engineering Handbook detail P-10. 6. Show safe corners, per the City's Engineering detail P-13, at all X ingress/egress locations. 7. Please stencil within all loading zones "No Parking" X FIRE Comments: Additional comments may be rendered at time of permitting. POLICE • Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 8. Park impact fees are due at time of permitting. X Page 801 of 993 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING &ZONING Comments: 9. Prior to permitting, obtain approval of Major Master Plan X Modification 19-001. 10. At time of permitting, provide manufacturer paint chips and call out X all proposed colors and materials on all proposed elevations. 11. Prior to permitting, provide a ROW dedication on Boynton Beach X Boulevard, Ocean Avenue, and NE 1 Street per site plan hatched area. 12. A sign program is required prior to issuance of any sign permits. X 13. Coordinate with the City's Public Art's Manager to implement the X approved Town Square Public Art's Master plan. 14. Provide locations for required covered bike racks. X 15. Revise parallel parking spaces to meet the City Engineering X Handbook detail. Any deviation require an Engineering Waiver. 16. Revise elevations to show all proposed overhead doors to be X painted to match the building. 17. Remove the proposed landscape strip along Ocean Avenue and X replace with street trees in flexi pave. 18. Revise landscape plans to include no less than 50% of the X proposed 229 trees to be canopy trees. 19. Provide a detail for the wall proposed along the Children's X Schoolhouse Museum. The wall must be decorative and provide landscaping along the outside of the wall. 20. The Master Plan requires an additional 144,155 square feet be X built with in Phase Four in order to comply with the minimum FAR of 1.75. 21. Revise garage colors to be consistent with the proposed X residential buildings Page 802 of 993 Town Square Phase Three MSPM 19-005/CDPA 19-001 /HTEX 19-001 Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 22. Enhance west and south elevations of the garage and the X exposed portion of the north elevation of the garage to match the proposed east elevation. 23. Provide the overall height for the garage. The zoning district X allows a maximum height of 75 feet with an additional 5 foot parapet wall. A height exception may be required if the garage exceeds the allowable height. 24. Provide a legible photometric plan with calculation not in excess of X 5.9 foot-candles. 25. Provide color elevations of the entire east facade (including the X garage in place). 26. At time of permitting of Building "B" provide a recorded Deed X Restriction, designating the property as age restricted apartments for individuals 55 years of age and older. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. 114-he S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 3_MSPM 19-005\StaffReport\ExhibitE_MSPM 19-005 COA.doc Page 803 of 993