1 2 Exhibit "1" RESOLUTION NO A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF BOCA RATON CONSIDERING A S

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13 1 2 Exhibit "1" RESOLUTION NO A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF BOCA RATON CONSIDERING A SITE PLAN TO CONSTRUCT AN 8-UNIT MULTIFAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD), OCEANSIDE TOWNHOMES PUD, LOCATED AT 949, 959, AND 969 SWEETWATER LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE (PUD-15-01/ SPA-15-13/ ) WHEREAS, the Planning and Zoning Board ("the Board") is charged with conducting 15 public hearings on petitions for site plan approval for all commercial, industrial, multifamily and 16 miscellaneous developments in the City of Boca Raton; and 17 WHEREAS, Judith L. Dimke and Joseph S. Dimke and Dana Holca, Ashley Holca, and 18 Gary Holca, owners of the real property described in Section 1 hereof (collectively "Owner"), 19 which real property shall hereinafter be referred to as the ("Property"), have authorized Jeff 20 Brophy, Wantman Group, Inc. ("Applicant") to contemporaneously file a planned unit 21 development application (PUD ), site plan application (SPA-15-13), and tentative 22 subdivision plat application (SUB-15-03) for the Property to secure a planned unit development 23 master plan, site plan, and tentative plat approvals, all of which are needed to allow an 8-unit 24 multi-family planned unit (townhome) development to be constructed on the Property; and 25 WHEREAS, Jeff Brophy, Wantman Group, Inc., agent for the Owner, has submitted an 26 application for site plan approval to allow for the construction of an 8-unit multifamily residential

14 1 Planned Unit Development (PUD) (the "Project"), PUD /SPA-15-13/ , for the 2 Oceanside Townhomes PUD (the "Petition"); and 3 WHEREAS, the Property was posted, and a Notice of Public Hearing was published on 4 November 4, 2015; and 5 WHEREAS, the Development Services Department recommended approval of the 6 Petition; and 7 WHEREAS, the Board conducted a public hearing on November 19, 2015 and reviewed 8 said Petition for a site plan approval; and 9 WHEREAS, the Board has found the Petition to be consistent with the Comprehensive 1 0 Plan and the City's Land Development regulations; now THEREFORE BE IT RESOLVED BY THE BOARD: Section 1. The Site Plan attached hereto as Exhibit "A" to construct an 8-unit multifamily 15 Planned Unit Development (PUD) is hereby approved for the property described below (the 16 "Property"), subject to the Conditions of Approval provided in Section 2: 17 A PARCEL OF LAND LYING IN THE NORTH 74 FEET OF LOT 22 AND 18 THE SOUTH 50 FEET OF LOT 21, REDLHAMMER SUBDIVISION, 19 ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE 20 CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, 21 FLORIDA, RECORDED IN PLAT BOOK 20, PAGE 37, AND MORE 22 PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE NORTH LINE OF THE SOUTH FEET 26 OF LOT 21 OF SAID REDLHAMMER SUBDIVISION, AT A DISTANCE OF FEET, MEASURED ALONG THE SAID NORTH LINE OF THE 28 SOUTH FEET OF LOT 21, FROM THE WEST RIGHT-OF-WAY LINE 29 OF STATE ROAD NO. A1A, BEING THE NORTHEAST CORNER OF THE 30 HEREIN DESCRIBED PARCEL; THENCE CONTINUE WESTERLY 31 S88 56'22"W, ALONG THE SAME COURSE, A DISTANCE OF FEET; THENCE S01 03'38"E, A DISTANCE OF FEET; THENCE 33 N88 56'22"E, A DISTANCE OF FEET; THENCE N01 03'38"W, A 34 DISTANCE OF FEET TO THE POINT OF BEGINNING. 35 2

15 1 CONTAINING 29,140 SQUARE FEET OR ACRES MORE OR 2 LESS. 3 4 (Concurrent with this development order there is a proposed replat of the 5 property which plat shall be named "Oceanside Townhomes".) Section 2. Conditions of Approval: 9 For the purposes of these conditions, the term "Owner" shall include the property owner, 10 applicant, petitioner, lessee, tenant, heirs, successors in title, or any other relevant party having 11 a lawful interest in the Property for which this resolution is granted. 12 ( 1) The plans and drawings submitted with the building permit application for the 13 buildings shall be consistent with the plans and drawings submitted by the applicant for this 14 approval, specifically the site plan entitled Oceanside Townhomes, prepared by Wantman 15 Group, Inc., date stamped received by the Development Services Department on October 16, (the "Site Plan"). 17 (2) The plans and drawings may be modified as required by the Code of Ordinances 18 or by the Community Appearance Board acting within the scope of its powers and duties which 19 are limited to review of the building permit application for consistency with the approved plans. 20 (3) Prior to the issuance of a main use building permit, the Owner shall: 21 a) Complete and obtain all approvals for water, sewer, paving and drainage plans 22 for on-site and off-site improvements shown on the approved Public Works Review Plans; 23 b) Complete and obtain approval of design plans and necessary permits to design 24 and construct a 5-foot wide concrete sidewalk along Sweetwater Lane adjacent to the Property 25 frontage; 26 c) Complete and obtain approval of design plans and necessary permits to design 27 and construct the eight (8) Project driveways; 3

16 d) Provide a letter of credit or cash bond, in a form acceptable to the City Attorney, in an amount equal to 110% of the cost of construction of any required Public Works Review improvements, the sidewalk along Sweetwater Lane adjacent to the Property frontage, and all construction activity in the right-of-way, to ensure timely and complete construction; e) Demonstrate compliance with the Palm Beach County "Fair Share Contribution for Road Improvements" Ordinance by submission of evidence of payment, if applicable, of the determined amount; f) Execute and deliver to the City, together with applicable fees for recording in the public records of Palm Beach County, Florida, declaration of covenants and restrictions, in the form attached hereto, containing the following restrictions (future sales contracts and homeowner's association (HOA) documents shall also contain these restrictions): i. A prohibition of the conversion of the garages of the townhomes to any use 13 which would prevent the use of the garages for the purpose of parking a motor veh icle; 14 ii. The private open space shown on the site plan shall be reserved and limited to 15 private yards assigned to a particular dwelling and the respective property owners shall 16 perpetually maintain the private open space; and 17 iii. The owners of the dwelling units, or homeowner's association, as applicable, 18 shall be responsible for maintaining (a) all landscaping within the Property, and (b) the 19 underground sprinkler system which irrigates the Property. Any removal or replacement of 20 landscaping with the Property shall be performed in accordance with the City's Code, including 21 review and approval by the Community Appearance Board when required under the Code; 22 g) Remit payment for the voluntarily proffered contribution of $16, to the 23 City's Beautification Program; and 24 h) Secure approval of the final plat and record same in the Public Records of Palm 25 Beach County, Florida. 26 4

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31 Oceanside Townhomes PUD-15-01/SPA-15-13/ SUB-15-03/ Page 6 residences to the south across Sweetwater Lane (Laramar Oceania Condo), and parking lots to the north and west of Sweetwater Lane that serve existing multifamily developments (Boca Yacht and Racquet Club and Laramar Oceania Condo). In this context, the proposed 8-unit planned unit development is an appropriate use with the other multi-family residential uses in the area. As such, compatibility with adjacent uses will not be affected by. the modified setbacks. d. Building configuration and the relationship between building configuration and privacy, light, air and the compatibility of modified building setback uses shall be factors in granting approval of setback modifications. Privacy will not be an issue for the front yard setbacks since all of the townhomes will be providing the required 32 foot front yard setback which is based the proposed 39 foot high townhomes. Many of the requested reduced setbacks are the resu lt of townhome units being attached. All of the proposed town homes have their own private rear yard which don't back up to another resident's rear yard. Therefore, there are no privacy concerns related to a modified rear yard setback. The only yard whose privacy is impacted by a modified development regulation would be the side yard, and since side yards are generally not used as outdoor living space, a reduced side setback or no side setback between townhome lots should not result in a concern related to privacy. Although there will be minimum spacing between the townhome unit buildings, there will be a privacy wall between the townhome units. As proposed by the master plan, no townhome will be closer than 38 feet from the property line of the Project, so the privacy of property owners outside of the boundary of the Project will not be impacted by the modified setbacks. e. Fire exposure of proposed PUD buildings, ground floor area of buildings, height of buildings, occupancy usage, type of construction, availability of water for fire flow, and spacing of fire hydrants shall be factors in granting approval of setback modifications. There will be no negative impacts to fire safety associated with the setback modifications. Perimeter Building Setback (Landscape Buffer/Landscape Area) The Applicant requests the following modifications to the perimeter building (landscape buffer/landscape area) setbacks set forth in the PUD regulations and in Code Section (1 ): Required Perimeter Building (Landscape Buffer/Landscape Area) Setbacks Code Section & ( 1),, Property line (adjacent use) Front Yard (fronting Sweetwater Lane) Required Proposed (Based on the (as measured t o private yards, mean roof building parking in private d riveways, height of 39 feet) walls, or fences) 30 feet 0 feet Rear Yard (North) 30 feet 0 feet Side Yard (East & West) 30 feet 7.5 feet..

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34 Oceanside Townhomes PUD-15-01/SPA / SUB-15-03/ Page 9 for this Property and the planned unit development regulations is the mechanism to provide that design. Traffic Analysis The Project's traffic engineer, JMD Engineering, Inc., prepared a traffic statement and estimated the Project's trip generation to result in 54 daily trips, 7 AM peak hour trips, and 8 PM peak hour trips during the typical weekday peaks. The traffic study was reviewed by the Palm Beach County Traffic Engineer who found that the project met the Palm Beach County Traffic Performance Standards ordinance. The Project is liable for fair share road impact fees. The Traffic Engineering Division of the Municipal Services Department has no objections to the proposed request. Review Criteria - Master Plan Criteria for Consideration of Master Plans Pursuant to Code Section (a) (b) The Planning and Zoning Board shall consider all aspects of the master plan necessary to meet the intent and the requirements of the PUD regulations and the Comprehensive Plan and shall also consider the recommendations and comments of staff, departments, reviewing agencies and applicable advisory boards. The City Council shall either approve, approve with modifications or conditions, or deny the master plan, or may refer the master plan to any board of the City for further consideration. In making its decision, the City Council shall consider all aspects of the master plan necessary to meet the intent and requirements of the PUD regulations and comprehensive plan. The City Council shall consider the recommendations and comments of the City departments, applicable advisory boards and the Planning and Zoning Board. The City Council shall make such investigations as may be deemed reasonably necessary to ensure the conformity with the intent and requirements of the PUD regulations and Comprehensive Plan. Review Criteria - Site Plan Criteria for Consideration of Site Plans Pursuant to Code Section The Planning and Zoning Board, after review of the site plan, application and other materials, shall either approve the site plan, not approve the site plan or approve the site plan conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions as the Board may determine to be reasonable and necessary to protect and further the comprehensive plan. The Planning and Zoning Board shall consider, but the consideration shall not be limited to, the following factors when reviewing a site plan: (a) (b) (c) (d) (e) (f) (g) All Code and other technical regulation requirements. The method of pedestrian and vehicular ingress and egress. Internal traffic circulation and vehicular parking, and the traffic impact upon abutting properties, particularly where the abutting properties are residential. Screening, landscaping and lighting. Environmental pollution, including noise, light and air. Garbage and refuse collection. Surface water drainage.

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53 A building massing model (three-dimensional representation/depiction in drawn, virtual or model format) X A Proportionate Fair Share Agreement, if proposed by applicant. I hereby state that I have reviewed the master and/or site plan and other information and exhibits submitted with the application and have determined, as evidenced by the checked boxes above, that all required information set forth herein has been provide, if applicable, fort proposed project. I further state to the best of my knowledg - he formatio ((.J'V, r~:s~ccurate, complete and co- rrect. Signed: Date: IV )L'

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