Residences @ Marina VillageDEVELOPIV'"qT ORDER OF THE CITY COMMI."'-'"ON OF THE ,~.
~, FY OF BOYNTON BEACH, FLORlu~ ~O~ ,7..
PROJECT NAME :The Residences @ Marina Village
APPLICANT'S AGENT: Lawrence Justiz - The Related Group, Ltd.
APPLICANT'S ADDRESS: 2828 Coral Way Penthouse One Miami, FL 33145
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003
TYPE OF RELIEF SOUGHT: Major Site Plan Modification for "The Marina" mixed-use high density
commercial/retail/residential project one 7.349 acre site.
LOCATION OF PROPERTY: 743 NE 1st Avenue Boynton Beach, FL
DRAWING(S): SEE EXHIBIT"B" A'I-rACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
t,,,,-'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 pro~rty shall be made in accordance with the terms
and conditions of this order~'o~oy_.~O~~.
7. Other
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Marina
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Marina
File number: MSPM 03-001
Reference: 3ra review plans identified as a Major Site Plan Modification with a March 25, 2003 Planning &
Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse. The dumpstcr will be
supplied by Public Works.
PUBLIC WORKS- Traffic
Comments:
2. Provide a Traffic Impact Analysis/Study, to determine if signal timing X
changes, striping modifications, or lane additions are necessary as a result of
this development. The study shall include the impact of traffic accessing
Ocean Avenue from Marina Way and accessing Federal Highway from
Boynton Beach Blvd. The traffic study shall also consider any
improvements on Boynton Beach Blvd. east of Federal Highway to the site.
3. Unless the applicant petitions for abandonment, the applicant shall be X
required to dedicate to the City 25 feet of land adjacent to the existing NE
6th Street as currently platted and in use, to allow the City the ability to
control ingress and egress into the project site and maintenance of existing
and proposed City utilities.
UTILITIES
Comments:
4. All utility easements shall be shown on the site and landscape plans (as well X
as the water & sewer plan sheet) so that we may determine which trees 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 easements 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 interfere with utility services, either in utility easements or public
rights-of-way.
5. Please relocate the Florida Royal Palms proposed in the utility easements to X
prevent the possibility of damage to subsurface structures.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
6. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is ~reater (see CODE, Article II, Section 26-16Co)).
FIRE
Comments:
7. Design documents where underground water mains and hydrants are to be X
provided, must demonstrate that they will be installed, completed, and in
service prior to construction work per the Florida Fire Prevention Code,
(2000) Section 29-2.3.2.
8. Emergency access shall be provided at the start of a project and be X
maintained throughout construction per the Florida Fire Prevention Code,
Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration,
and Demolition Operations, Section 5-4.3. Emergency access roadways
must be firm and unyielding, having a bearing value of not less than 40 (i.e.
LBR 40), compacted to 98% of the maximum density as determined by
AASHTO T 180, in accordance with the FDOT Standard Specifications for
Road and Bridge Construction (2000) Division 11, Section 160,
STABILIZING. A copy of the test results shall be provided and accepted
prior to above grade construction. Testing frequency shall not be less than
that specified in the FDOT Sampling, Testing and Reporting Guide, or as
required by the Fire Marshal. The roadway shall be maintained free from
ruts, depressions, and damage, and at the required bearing value for the
duration of it's intended use.
9. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X
sprinkler systems throughout the following:
a) All buildings or structures regardless of the type of construction which
are three (3) stories or more in height or all buildings or structures in
excess of 30 feet in height as measured from finish ground floor grade to
the underside of the topmost roof assembly.
b) All buildings or structures regardless of the type of construction that are
in excess of 12,000 square feet per floor.
10. High-rise buildings shall be protected throughout by an approved, X
supervised automatic sprinkler system in accordance with Section 9.7. A
sprinkler control valve and a waterflow device shall be provided for each
floor. Florida Fire Prevention Code, (2000) Section 11.8.2.1
11. High-rise buildings shall be protected throughout by a Class I standpipe X
system in accordance with Section 9.7. Florida Fire Prevention Code,
(2000) Section 11.8.2.2
12. Class I, Type 60, standby power in accordance with NFPA 70, National X
DEPARTMENTS INCLUDE REJECT
Electrical Code, and NFPA 110, Standard for Emergency and Standby
Power Systems, shall be provided. Florida Fire Prevention Code, (2000)
Section 11.8.4.2.
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments:
13. Show all proposed site lighting on the site and landscape plans (the X
photometrics plan does not a~ree with the site plan and landscape plan).
14. The current SFWMD permit on file for this project requires 2000 L.F. of X
exfiltration trench (per Specific Condition #2 of Permit #El 50-0129079-
001). This permit will be required to be adhered to, or amended. Revise
the drainage plan and calculations accordingly and resubmit for review
15. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X
Section 5 will be required at the time of permitting.
16. All roadways shall be a minimum of 24 feet (2-12 foot lanes) in width, X
including the parking garage entryways (north and east), with the exception
of (East) Marina Drive. This segment of roadway may consist of 2-11 foot
lanes (22 feet paved width). Width is measured from edge to edge of
pavement and shall not include any portion of adjacent curb and gutter.
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 Drawings
and will be reviewed for constructability at the time of construction permit
application.
18. Provide the City with the appropriate documents to designate public access X
and recreational use easements for the proposed public overlook at the
Intracoastal Waterway. These shall be provided at the time of permittinl~.
BUILDING DIVISION
Comments:
19. At the time of permit review, the construction plans shall show that all X
bathrooms in the covered dwelling units comply with the provisions of the
Federal Fair Housing Act 24 CFR 100.205(C)(3)(IV), Requirement #7(2),
Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow
a person in a wheelchair or other mobility aid use of the fixtures. Clear floor
space shall be shown on the plans and designate which option of
Requirements #7 (A or B) is being used.
20. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments:
21. The plans indicate that there will be 12 single family attached homes in this X
development and 338 multi-family units. According to Chapter 1, Article V,
of the Land Development Regulations, the formulas for Single Family
Attached Units and Multi-family units are applied towards the calculation of
the Parks and Recreation Facilities impact Fee as follows:
12 Single Family Attached Units ~ $ 771 each = 9,252
338 Multi-family Units ~ $ 656 each = 221,728
Total = $230,980
The fee is due at the time of the first applicable buildin~ permit.
FORESTER/ENVIRONMENTALIST
Comments:
22. The applicant must prepare a tree management plan (document) to quantify X
the trees on the site. This document should outline those trees that will be
preserved, relocated, or removed / replaced on the site. This should be
coordinated with the identification symbol used on a landscape plan sheet.
[Environnemental. Regulations, Chapter. 7.5, Article II Sec. 7.C.1
PLANNING AND ZONING
Comments:
23. Approval of the site plan is contingent upon approval of the Land Use X
Amendment to the MX-C designation that allows the density proposed
24. Residential single-family attached units (Townhouses) are not permitted in X
the MU-H district. (Ch. 2, Sec. 6,F. - Table 6F-l). The applicant has
requested a Code review to add Townhomes to the list of permitted uses.
Site Plan approval is contingent upon the approval of this amendment to the
LDR's.
25. All utility, storm sewer and access easements in conflict with the proposed X
building must be abandoned and relocated prior to issuance of a building
permit for this phase of the project.
26. Developer is required to establish a property owners association for the X
project.
27. Site plan approval is contingent upon approval of the height exception. X
(Ch.2 Sec.4.F.)
28. Submit color elevation drawings for all sides of all buildings prior to the X
DEPARTMENTS INCLUDE REJECT
CRA Board meeting.
29. No signage is being approved with this site plan. All signage will require X
separate approval from the CRA and City Commission.
30. The proposed plan does not meet the parking requirements as provided in X
LDR's Chapter 2, Sec. 11. Applicant has requested to use the "fee in lieu
of" provision in Ch. 2, Sec. 11 H, to compensate for the 70 space deficit.
Site plan approval is contingent upon CRA and City Commission approval
of this request. A total of $70,000.00 would be required to be paid prior to
issuance of a building permit.
31. The landscape code Chapter 7.5 requires that 50% of all landscape material X
provided be native. Revise note and calculations on Sheet L-2 accordingly
or apply for relief from this code requirement.
32. Elevations and floor plans for the 2-story commercial building and X
restaurant will require separate CRA and City Commission approval.
33. Address all applicable conditions in the June 12, 2000 Amended Mediation X
Agreement unless amended otherwise.
34. Consistent with requirement of Developers Agreement, dedicate a minimum X
of two boat slips for the exclusive use of the City Of Boynton Beach for
Police/Marine Patrol purposes.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
35. Full public access as represented to the City Commission will be required and X
ensured, in part, through proper documentation on owner/agreement records.
36. Applicant will work with staff to enhance landscaping with very tall palm X
trees and other landscaping to correspond with and soften building heights.
S 5Planning\S HARED\WP~PRO JECTSXaMARRqA~lSPM 03-00 l\COA.doc