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Red Lobster DEVELOPMENT uRDER OF THE CITY COMMISSIOI't OF THE CITY OF BOYNTON BEACH, FLORIDA DIYllopmlnt p &Z Bulldln; En;ln..rln; 0.., ll..n.. Deputy City Clerk PROJECT NAME: Red Lobster APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3,2006 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 7,040 square foot "Red Lobster" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Approximately 450 feet north of the northeast corner of Old Boynton Road and Congress Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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 "CO 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. 7. Other DATED: ID-~ -Ob City Clerk S:IPlanningISHAREDlWPIPROJECTSIRed LobslerlNWSP 06-018IDO.doc .. 1 in. : 135.8 feet Red Lobster Exhibit A . ,:"".-Ht~~\'I._Jlltl'Wl", ...~., oWN.: 'J.. .~~ -- -.......-- -~ ~. ....--...-.---..---..---- 11'I:JI'tii,','"ljlir.mll',il ' -, il'! 1.;./lIIII"rI;'''I'/ 3! "I,"'IIII-.;!'1 '/1' 111 ' '1"111',,'11 ,I)' !.i1:IIi'!'I,!I'/,' i!' I I 11~li 1111".1: / i! ,Ii ill!!,: iIll,'1I I : ," i,'/' '."l I". '/'1" r, I ",!!'i l'lll~ ; I d",'ll '1'/1" II'" " /"1",1'1' Ii i l ,! llj .'1, 'I': I" 11'1'/1".,','11 r I ., 1.1 -I, ,'i" l'I"1 Ii 0,; I, III ,I I' I I I I , ~: ~i I II~: I I f 11'1 ~ : I. 'II 'il II I Ii ~ " " I i () I I~ f I 1;0 I .1. 1m I I ~ I II I R h. !I '- 1:S III ./111' i~ I 1.,11 Li I ~ !II I' I' .'" ~ . "" I I!i! ~~.: I' II! ' I ,i I . :11 I II II'. I "I I r, II Ii! I IIII i I !I, I 1 I I'i I , ! ! 1/11 II ~~ jl:z ~ ii II S -- ~I,~~~~ , -'3 i! liD \1 J_ i II -/ 'I - I Ii , ~ g:I!!1 mill ;I1fIJ glflll ~i~ Ii i~! F!fI f~li'~ filii,. I "ill' I, !, EXHIBIT B ---.. --..................--..---- ; : U I11I11 . I I I!O+.itr I @I I ~ I ~ M - ';ij '" I r; z I ~I : n I I I , i .. : UFF. ~tF I I I i I i I 11.5'; I I I ..0.' I' n i. I. III U:..~ I : rmi! @JJ I I - I H!J I I z r------ h 11III ,i Ii: !i fl'i~ iI1j!H!' i,'l! j' I i II 'I' Ii I,ll !. 'I I' I ",':1'; u1hEU11111 f'lllflllll~ !p , Inl ::m I! 'fH:l1i I ~!I 'iI' fiu' 'I I' jHf :: ~ "U!lJ p I:r JI lir I ~i. ~I:" =1 UI HI!: ilf::: !=:! ,I::.: !f~!l i 1 d if .111~n '''' IU! I 1, I... ..i! !!Ie ,il!rl j' fell. ... ~~:!I:!I . ~ I il Ii. :U~~ tJ : ~i.!! ~~ Yo l5A1lIIW =,."." 86" g ! ! l HllilPP @ <B I i I l!d ! '1:~ SITE PLAN .:... ..:: IIMI - - "'" -. - - tJIl] =..... ------ .....---~..!!r!!...k- ""':..!!!I~-."'~ -- M. ~ II I I' I I II I I II , II II I I Ii I II! ! i i , , : I :-= J.p....., ~-: ' . ,'" ".-:" r- .t, 1V.B8.~/. 14 E.:S 213. ""~... ":"7. _n;-f.-,:-, .-..-,c,.._,-_. ~ /'CJ:5-:.. ". .~-TI,'. , ;c' :.\.. - --_'-', --, \ , > 8 I 11"111 in IU IUUIU limit I ( I hll-, I' 'i~' 15 , *.'11 II Iii Ii II!III 1;1 i! i~illlillil!ill I .11 II> ~'I ~d,i' I ~ II~ l" ? P i Ii i l~ ~i Ii si li!~!l , !," ,_ el"1 i. I Ii ! Ii J~ ~ i' xiI I .! I i~ i'I' ! ~I Ij!i i ! ,~~ = ~I'i I I! i, II! I I! i ;! R > I il f "F I j; ; 1 & il;1 i I~ lill ! ! I II ia I II ,"ii ! ; i ~II~! i ~I ~I! F 6; 81 I i j', ~ I < ~ ~ ~ I, ,...........ri ~Il!!i L\NOSCAPE on: PlN< "ill! '" I fOR llIa:'l RED ~ ~:'l LOBSTER ~'" ~m 0" Of 80""'" IIEA"'- J=XHIBIT B ~J JjI ~J - iHltq " 'c i a u ~l ......... -- ... H'jl IIII II III ",, !! II I I un II i Ii 1111 IIi Ii ~ I ~ I i . .'.. n ;;;;;0;;; 't;'1~ >n~ ~ ~ ;<;<;r j ., ~n. n T - j- ;! jl: jI:, ~ ~ ~d ~~~! 'I' t; 1" .. ;1:1\;1:11 g,U n ' . i j , . . . d cr 0 !U ! " - n I Ii ~ ~ " '! - ~~ g i ~ ,. ~~lJic;~gi!l~~ ~ l: ~ i~"~il.il:;,,~ H i i i IllillU; I I . ,I. I~ ~ I I i i . I I , I ! I I i ~111~ill ! II II iilll i I I F ~ e ;; ... I I _ , ~ ~ i m!!!!!f mmm i I i m ~~~ -[ OEms &: aOIDQ8nQ ~ ---- -- - ......... .-.,-- IT Andscape Architecture Analysis Planning . ftORlDA ! EXHIBIT B , ~ ~ -. . 11111'1 I "11.11"'0 r,l I , 1 r If' I i ,~ .' II ...........j !HII -_a , -....... ' I ElCl_ ELEVAllONlI --- .-- . , I J I II ~ 11'111 ............'.I.I.lli EXTEIUOR ELEVATIONS EXHIBIT B , , IlIlr, nnnu ~ , '.1.. I, I!I~~ 'lID ~ Ill~ ill~"" r.lf,' I I . I' II.. I' I I ii' I ! Ii i I I I o! ' ! ' i jI I I ; .~ 1"r'/ll'~~1 EXHIBIT "C" Conditions of Approval Project name: Red Lobsfer File number: NWSP 06-018 Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning dafe stamp ki mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Commenfs: 1. Construcfion of this projecf is contingent on construction of off-site X improvements m accordance with fhe Palm Beach County Traffic Concurrency notice dated February 1,2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section II.J); X include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 3. Fire flow calculations will be required demonstrafing the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residenfial developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwrifers, whichever is greater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for fhis project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever 5. This office will not require surety for installation of the wafer and sewer X utilities, on condifion that the systems be fully completed, and given to the City Utilities Department before the firsf permanent meter is set Note that setting of a permanent water meter is a prerequisite fo obtaining the Certificate of Occupancy. 6. A building permit for this project shall not be issued unfil this Department X has approved the plans for fhe wafer and/or sewer improvements required to service this project, in accordance with fhe CODE, Section 26-15. 7. Utility construction details will not be reviewed for construcfion X acceptability at this time. All utility construction details shall be in accordance with fhe Ufilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the fime of construction pennit application. Conditions of Approval 2 I DEPARTMENTS I INCLUDE \ REJECT I FIRE Comments: None X POLlCE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. 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. 10. Fun drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article lV, Section 5 will be required at the time of permitting. II. 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. BUILDING DIVISION Comments: 12. 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 l!enerated by the commission and at oermit review. 13. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBC. 14. General area modifications to buildings shan be in accordance with 2004 X FBC, Section 506. Provide calculations verifying compliance with the above code sections and the 2004 FBC, Table 503. 15. Buildings, structures and Darts thereof shall be designed to withstand the X DEPARTMENTS INCLUDE REJECT mimmum wind loads of 140 mph. Wind forces on every building or sfructure 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. 16. At time of permit review, submif signed and sealed working drawings of the X proposed construction. 17. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 18. 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 permif shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following informafion shall be provided at the time of building permit application: A The full name of the project as it appears on fhe Development Order and the Commission-approved site plan. B 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) 20. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each 10f, parcel, or tract. The recorded deed shall be submitted at time of permif review. 21. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project musf be submitted to the Building Division for review at the fime of permif application submittal. The plans must incorporafe all the conditions of approval as lisfed in the development order and approved by the City Commission. 22. The full address of the project shall be submitted with the construction X documenfs 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. 23. Show the proposed site lighfing on fhe site and landscape plans. (LOR, X Chapter 4, Section 7.B.4) If possible, provide phOfo metrics as part of your TART plan submittals. 24. Submit calculations for the area modifications shown on Sheet AI.O to X ensure compliance with 2004 FBC, Table 503 and Section 506. PARKS AND RECREATION Comments: Conditions of Approval 4 I DEPARTMENTS \ INCLUDE \ REJECT \ 25. Indicate the percentage of native soecies. Must be a minimum of 50%. X FORESTERlENVIRONMENT ALIST Comments: 26. Plant List- Sheet LA-I, LA-2 X All shade and palm trees must be listed in the description as a minimum of 12-14 feet in height, three (3) inches DBH (4.5 feet off the ground) and Florida # I (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) diameter requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.e. 2.] 27. The shrub and groundcover planting detail should include a line indicating X where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 28. All shrubs and groundcover plants should have a height and spread X dimension. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article 11 Sec. 5. C.2.] PLANNING AND ZONING Comments: 30. All shrubs and hedges are required to be at minimum 24 inches in height, X 24 inches 10 spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 31. Staff recommends additional and larger landscape material along all X elevations, to include a greater number of taller shrub soecimens and trees. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.). The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signage will be subject to the Sign Program for the entire center. 33. Please provide, in tabular form, a breakdown of sign calculations for all X signage for the entire site, depicting the code requirement and that being oroposed, indicating compliance with all code requirements. 34. No e.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected an finaled, as well as all depicted sidewalks. 35. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. DEPARTMENTS INCLUDE REJECT 36. The applicant is responsible for compliance with Ordinance 05-060, fhe X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, pofable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a dri~ system), where possible. 39. Construcfion of this projecf may only proceed with the inifiation of the X necessary road improvemenfs triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. To be determined. ~ S:\Planning\SHARED\ WP\PROJECTS\Red Lobster\NWSP O6-018\COAdoc