The PromenadeDEVELOPMEP"' ORDER OF THE CITY COMMISS'"N OF THE
cr,. OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
The Promenade
Mr. Michael Weiner / Weiner & Aronson, P.A.
102 North Swinton Avenue, Delray Beach, FL 33444
Development
p&Z
Building
Engineering
Occ; License
Deputy City Clerk
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004
TYPE OF RELIEF SOUGHT:
Request new site plan approval to construct a mixed-use project
consisting of 16,200 square feet of retail, 3,000 square feet of
restaurant, 68 hotel rooms, and 316 condominium units on a 3.975-acre
parcel in the Mixed Use High Intensity (MU-H) zoning district.
LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway
and Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED 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 Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATrER 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
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance
and conditions of this order.
Other
DATED:
S :~Plan ning~SHARED\WPX, PROJECTS~'romc'nadc~,VSP 04-009'd)O.doc
City Clerk
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EXHIBIT "B"
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EXHIBIT "B"
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EXHIBIT"B"
BOYNTON BEACH BLVD
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1~1:1 1THE PROMENADE II
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COHEN-FREEDMAN'ENCINOSA & ASSOC.
Architects, PA
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I~ I~'1! "ITHE PROMENADE
EXHIBIT "B"
COHEN'FREEDMAN'ENCINOSA & ASSOC.
Architects, PA
~085 N.W. 1$Sth Street Minmi Lake~ Florida 330]6 305-826.3999
EXHIBIT "B"
!~ I~'ll 1THE PROMENADE
COHEN 'FREEDMAN 'ENCINOSA & ASSOC.
Architects, PA
80~ N.W. 155th Stree~ Miami Lake~, Florida 33016 305-826-3999
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THE PROMENADE
(;l~0Ul~ L~L I~I)SC.~.P~. PlAN
FUSTER
EXHIBIT "C"
Conditions of Approval
Project name: Promenade
File number: NWSP 04-009
Reference: 3ra review plans identified as a New Site Plan with an June 22, 2004 Planning and 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 per the CODE, Article II,
Section 10-26 (a). Additional detail(s) will be required at the time of
permitting to ensure access is properly provided to the trash rooms for Solid
Waste.
PUBLIC WORKS - Traffic
Comments:
2. The Palm Beach County Traffic Division must approve the traffic impact X
statement prior to the issuance of a building permit. All proposed uses and
their respective building areas must match between the traffic analysis and the
site plan (Chapter 4. Section 8.F.).
3. The required traffic analysis should address, at a minimum, an evaluation of X
turning movements into and out of the proposed development. Particular
attention should be given to the southbound to eastbound movement from
Federal Highway to Boynton Beach Boulevard. Additionally, evaluate full
signalization at the intersection of Federal Highway and Northeast 4th Avenue
considering existing traffic volumes and expected volumes to be generated by
the proposed development. If warranted, it shall be the sole responsibility of
the developer to upgrade the signals and roadway at the intersection of
Northeast 4t~ Avenue and Federal Highway and an appropriate letter of credit
or other surety shall be provided to the City prior to the issuance of any
building permits.
4. Northeast 4th Avenue shall be improved from Federal Highway east to the X
east limits of the proposed development. At a minimum, provide two (2) 12 -
foot wide lanes with Tupe D curb, sidewalk, signing, striping, etc. An
additional 15 feet of right-of-way or roadway easement shall be provided on
the south side of Northeast 4th Avenue.
5. The south parking structure entrance shall be rightdn / right-out only unless X
improvements are made to the eastbound Boynton Beach Boulevard
approach. In accordance with recommendations made by staff and Pinder-
Troutman. Contact / coordinate with Kimley-Hom & Associates regarding
widening Boynton Beach Boulevard to the south to provide a "by-pass" to
prevent stacking of traffic back onto Federal Highway.
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ENGINEERING DIVISION
Comments:
6. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
7. 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.
8. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
grate, rim and invert elevations for all structures. Indicate grade of storm
sewer segments. Indicate material specifications for storm sewer.
9. 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 the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
10. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
11. 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 30 days of site plan approval,
whichever occurs first. This fee will be determined based upon final meter
size or expected demand.
12. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. 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(a).
13. 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.
14. A building permit for this project shall not be issued until this Department has X
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approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
15. The developer may be required to upgrade the remainder of the water main X
from 6 in. to 12 in. along Federal Highway north to NE 4th Ave. and east from
Federal Highway along NE 4th Ave. to the property's east property line.
Please provide fire flow and demand calculations demonstrating the needed
minimum main size for serving the needs of this project.
16. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
17. Hydrant connections shall be to mains no less than 6 inches in diameter. In X
addition to domestic requirements at a residual pressure of not less than 20
psi, a fire flow of at least 1500 gpm is required.
18. Where underground water mains and hydrants are to be provided, design X
documents 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.
19. Emergency access shall be provided at the start of a project and be maintained X
throughout construction per the Florida Fire Prevention Code, Section 3-5,
and NFPA 241, (1996) Safeguarding Construction, Alteration, and
Demolition Operations, Section 54.3. 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
T180, 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.
20. City Ordinance Chapter 9 Article II, subsection 9-24 provides for the X
following additional safety requirements for high-rise buildings and/or
buildings with 6 or more stories:
· Firefighters Air System
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· Equipment Storage Rooms.
· Stairwell Doors.
· Administrative Controls.
· Master Keys.
· Rappelling Anchors.
· Suppression Connections and Control Valves
· Communications
· Elevators
· Smoke Controls
For details see the Fire Department Design Guide.
21. High-rise buildings shall be protected throughout by an approved, supervised X
automatic sprinkler system in accordance with Section 9.7. A sprinkler
control valve and a waterflow device shalI be provided for each floor. Florida
Fire Prevention Code, (2000) Section 11.8.2.1.
22. 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.
23. Class 1, Type 60, standby power in accordance with NFPA 70, National X
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
BUILDING DIVISION
Comments:
24. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not ensure
that additional comments may not be generated by the commission and at
permit review.
25. Every exterior wall within 15 feet of a property line shall be equipped xvith X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
26. 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 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
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shall be submitted for review at the time of permit application.
27. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (psf) on the plans for the building design.
28. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
apphcation.
29. At time of permit review, submit signed and sealed working drawings of the X
proposed constmction.
30. Add to each building space that is depicted on the site plan drawing a labeled X
symbol that identifies the location of the proposed handicap accessible units.
Add to the drawing the calculations that were used to identify the minimum
number of required units. Also, state the code section that is applicable to the
computations. Show and label the same unit/s on the applicable floor plan
drawings. Compliance with regulations specified in the Fair Housing Act is
required (Federal Fair Housing Act Design and Construction Requirements,
Title 24 CFR, Part 100.205).
31. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwelling unit shall comply.
32. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
· The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation __ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management construction
development regulations."
· From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. Ifther is no base flood elevation, indicate that on the plans.
Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
33. To properly determine the impact fees that will be assessed for the one-story X
pool/clubhouse, provide the following:
· Will the pool/clubhouse be restricted to the residents of the entire project
only?
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· Will the residents have to cross any major roads or thoroughfares to get to
the pool/clubhouse building?
· Will there be any additional deliveries to the site?
· Will there be any additional employees to maintain and provide service to
the site7
Please have the applicant provide the City with a copy of the letter that will
be sent to the impact fee coordinator. To allow for an efficient permit review,
the applicant should request that the County send the City a copy of their
determination of what impact fees are required for the pool/clubhouse.
34. Add to the floor plan drawing of the clubhouse building a breakdown of the X
floor area. The area breakdown shall specify the total area of the building,
covered area outside, covered area at the entrances, total floor area dedicated
for the clubhouse and other uses located within the building. Specify the total
floor area that is air-conditioned. Label the use of all rooms and floor spaces.
X
35. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may
not, therefore, be used for landscape irrigation where other sources are readily
available.
36. 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.
37. 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)
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38. 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))
39. 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.
40. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
41. Show the proposed site lighting on the site and landscape plans. (LDR, X
Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your
TRC plan submittals.
42. Add to the floor plan drawings of the individual units a breakdown of the area X
within the unit. The area breakdowns for each unit shall specify the total area
of the unit, area of the balcony, total area that is air-conditioned and, where
applicable, total area of storage and garage space. If the garage and storage
areas are not part of a specific unit, the area shall be included and identified
within the area of the building. Indicate how many of each type of unit will be
on each floor and within the building.
43. Add to the site data the total area under roof of each residential building. X
Provide tabular area data for each floor of each building. The breakdown shall
include the following areas and each area shall be labeled on the applicable
floor plan drawing:
· Common area covered walkways;
· Covered stairways;
· Common area balconies;
· Entrance area outside of a unit;
· Storage areas (not part of a unit);
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· Garages (not part of a unit);
· Elevator room;
· Electrical room;
· Mechanical room;
· Trash room;
· Mailbox pickup and delivery area; and
· Any other area under roof.
(Chapter 4 - Site Plan Review, Section 7.E.2 and 3)
44. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements of F.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
· The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a threshold
building.
· All shoring and re-shoring procedures, plans and details shall be submitted.
All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best of
the architect's or engineer's knowledge, the plans and specifications comply
with the applicable fire safety standards as determined by the local authority
in accordance with this section and F.S. Section 633.
45. Submit floor plan for the health club.
PARKS AND RECREATION
Comments:
46. The Parks and Recreation impact fee is based on the following formula: X
317 multi-family units x $656 each = $207,952.
FORESTER/ENVIRONMENTALIST
Comments:
X
47. The Landscape Architect must indicate on the landscape plan (sheet L-I) the
above existing trees that will be preserved, relocated, and removed / mitigated
on the site. The Landscape Architect should tabulate and create a table for
mitigation of the total caliper inches of existing trees proposed to be removed
and show all caliper inches of replacement trees on the landscape plan. A
separate symbol should be used on the landscape plan to identify the
mitigation trees.
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48. All shade and palm trees on the Trees and Palms List (sheet L-l) must be X
listed in the description as a minimum of 12'-14' height, 3" caliper at DBH
(4.5' off the ground), and Florida #1 (Florida Grades and Standards manual).
The height of the trees may be larger than 12'-14' to meet the 3" caliper
requirement; or the 4.5'-5', 5'-6', 6'-9', and 8'- 10' clear trunk; or 6'-7' gray
wood specifications (Chapter 7.5, Article II Sec. 5.C. 2.).
49. The landscape plans should include a details sheet indicating by a line where X
the height, caliper ~ DBH, clear trunk, and gray wood area of the shade and
palm trees will be measured at time of planting and inspection.
50. At the time of permitting, the landscape plan shall provide 50% native species X
categorized as follows: shade trees, palm trees, shrubs / groundcover
plantings (Chapter 7.5, Article II, Section 5.P).
51. The applicant should show on Sheet L-1 an elevation cross-section detail of X
the actual heights of the proposed landscape trees and vegetation at the time
of planting that will (proper scale) visually buffer the proposed buildings
from the Boynton Beach Boulevard, Federal Highway, and NE 4th Street
rights-of-ways.
52. There is no irrigation system design included with the site plans. The X
irrigation design should be low-flow for water conservation. All shade and
palm trees should receive irrigation from a bubbler source (Chapter 7.5,
Article II Section 5.A.).
53. Turf areas are limited in size. Landscape (bedding plants) areas should be X
designed on separate low-flow zones with proper time duration for water
conservation (Chapter 7.5, Article II Section 5. C.2.).
PLANNING AND ZONING
Comments:
54. Approval of this project is contingent upon the approval of the corresponding X
request to rezone from CBD to MU-H (REZN 04-002).
55. Abandonment and rededication of easements must be recorded prior to X
issuance of a building permit for the project.
56. Approval of this project is contingent upon the approval of the corresponding X
request for a height exception for any portion of the structure that exceeds
150 feet in height (I-ITEX 04-002).
57. The height of the buildings proposed along Federal Highway must be X
increased to 35 feet to comply with the MU-H zoning district. Revise plans
to comply.
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58. The Mixed Use-Core land use classification allows up to 80 dwelling units X
per acre. The number of dwelling units proposed on the site plan is
contingent upon the acquisition of a small piece of property located at the
northeast comer of the site (owned by the City of Boynton Beach). Approval
of the project is therefore, contingent upon the City Commissioner's approval
to swap said referenced parcel in exchange for the +/- 22-foot wide casement
sought by the City of Boynton Beach. Provide a survey and legal description
of subject parcel.
59. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
permit. Currently, the project has school concurrency for 317 dwelling units
but proposes 318 dwelling units.
60. The proposed uses and building areas must match between the site plan and X
the traffic impact analysis. No building permits will be issued until approved
by the Palm Beach County Traffic Division. The County traffic concurrency
approval is subject to the Project Aggregation Rules set forth in the Traffic
Performance Standards Ordinance.
61. The project's tabular data indicates that 3,000 square feet of restaurant is X
proposed, however, it is not shown graphically on the site plan. At the time
of permitting, graphically show the location of the restaurant space on the site
plan (sheet A. 1). Also, revise data to accurately reflect allowable and
proposed lot coverage.
62. Approval of this project is contingent upon the approval on the Urban X
Parking Requirements code revision proposed because it does not comply
with current code.
63. On the site plan and floor plans, ensure that the number of parking spaces in X
each row and its respective label correspond with each other.
64. On the site plan (sheet A. 1), in a dashed line, show the limits of all proposed X
cantilever awnings and make sure that their placement corresponds with the
awnings shown on the elevations. Also, the awning colors shall be approved
by staff at the time of permitting.
65. The placement of landscape material outside the subject property's boundary X
lines (and within the rights-of-way) is subject to the Engineering Division of
Public Work's review and approval. Also, the Florida Department of
Transportation must approve any landscape material within the U.S. 1 right-
of-way.
66. Landscaping at project entrances shall contain a signature tree at both sides of X
the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree
with blossoms or natural color other than green intended to beautify project
entrances and contribute to the city's image with this element of aesthetic
conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa,
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and Bougainvillea. Note that signature trees do not contribute toward the
total number of required perimeter trees (Chapter 7.5, Article 2, Section
S.N.).
67. Place a note on the landscape plan indicating that mulch other than Cypress X
shall be used and maintained for landscape purposes (Chapter 7.5, Article II,
Section 5.C.8.).
68. All project signage is subject to review and approval of the Community X
Redevelopment Agency (CRA). On the elevations, indicate the cumulative
area of all wall signage to ensure that it complies with Chapter 21, Article 4,
Section C.). In addition, indicate the sign type, letter colors, and sign
material. Staff recommends using a sign program for the entire project.
Future signage such as in a sign program would still require review and
approval of the CRA and City Commission.
69. The landscape plan (sheet L1 of 2) graphically shows a "Sign Fountain". Are X
any free standing monument signs proposed? If so, the maximum allowable
signage area of the monument sign is five (5) feet tall and 40 square feet on
each side. On the elevations, clearly identify proposed sign area and show the
site address at the top of the monument sign (Chapter 21, Article 4, Section
5.B.).
70. Place a note on the site plan that no screened roof / solid-roof enclosures X
(outside the building footprint) are allowed.
71. The sidewalk along Federal Highway is required to be ten (10) feet in width X
and should contain trees and tree grates within the paver brick design to
provide an urban streetscape.
72. At the time of permitting, delineate on the parking garage plans, the X
separation between public and private parkin$.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
73. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
74. To be determined. ~
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