APPLICATION
PROJECT NAME Boyn\.od Beach Medical Pavilion
LOCATION 2815 Seacrest Blvd.
PCN
I FILE NO ADAP 02-001 I TYPE OF
APPLICATION. Administrative Appeal
AGENT/CONTACT PERSON Kieran OWNER.
Kilday PHONE
Kilday & Associates, Inc. FAX.
PHONE 689-5522 ADDRESS
FAX. 689-2592
ADDRESS 1551 Forum Place Suite 100A
West Palm Beach, FL 33401
Date of submittal/Proiected meetinl! dates.
SUBMITT AL / RESUBMITT AL 10/4/02
1 ST REVIEW COMMENTS DUE N/A
PUBLIC NOTICE 10/31/02
TRC MEETING N/A
PROJECTED RESUBMITTAL DATE N/A
ACTUAL RESUBMITTAL DATE N/A
2ND REVIEW COMMENTS DUE N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS)
PLANNING & DEVELOPMENT BOARD 11/14/02
MEETING
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING 11/19/02
COMMENTS
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Medical PaviJion\ADAP 02-001 \2002 PROJECT TRACKING INFO.doc
Kilday & Associates
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 Fax (561) 689-2592
EMail info@kildayinc com
Michael Rumpf
Planning Director
City of Boynton Beach
100 East Boynton Beach Blvd
Boynton Beach, FL 33415
I{DJ~ 1& ~ D \VI ~ fi)
WI fa -4 ~ 7~
PLANNING A~D -.J
ZONING DEPT
October 4,2002
Re Appeal of Administrative Decision
Boynton Beach Medical Pavilion
Our File No 868.28
Dear Mike
This letter will serve as a request to appeal the Administrative Decision as laid out in Mr
Quintus Green's letters of October 3, 2002, to be heard by the City Commission at their
meeting on November 6, 2002 Attached you will find the requisite filing fee of $200 00
Also attached is a Justification Statement outlining pertinent information to be
considered as part of this appeal Here is a capsulized summary of what has transpired
in the last several days
On October 1, 2002, the general contractor for the Boynton Beach Medical Pavilion
attempted to file for a building permit for the construction of the project. At that time,
City Staff made the determination that the Site Plan upon which the building permit was
requested had expired on September 4, 2002 The developer, our Client the Rendina
Company, who had diligently been pursuing all necessary plans and permits for this
project since last year's approval, contacted our office and we in turn contacted you
For the record, let me say that our Client has diligently pursued the process necessary
to obtain permits since the original Site Plan approval on September 4, 2001 and the
subsequent variance for a height exception approval of November 6, 2001 The
attached justification verifies our Client's efforts in that regard Obviously, had the issue
come to my office's attention prior to September 4, 2002, an extension request, as
permitted by code, would have been submitted and based on the facts, approved by the
City Unfortunately, that communication did not happen and as a result the issue just
arose this week.
I appreciate your department's efforts to find a useful solution to this matter and I
believe that this appeal definitely is the most timely approach As we discussed, the
only other solution would be to resubmit the exact same site plan that was approved last
year and go through the same approval process again, which would carry us into
January 2003 At the time the project was approved, both Staff and the Commission
Michael Rumpf
October 4,2002
Page 2
supported it. This process will allow the City Commission to look at the specific facts
concerning this development and approve my request that an extension be granted post
to September 4, 2002 to allow my clients to obtain their building permit.
From my conversation with Quintus Green, I understand that this appeal will be
scheduled for the November 6, 2002 City Commission meeting
Please call if you need additional information
KJ K jj
Attachments
cc' Larry Juran / Brian Mock, Rendina Company
Quintus Green, City of Boynton Beach
h./client/868.28/correspondence/rumpC 100402
Kilday & Associates
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 Fax (561) 689-2592
EMail info@kildayinc com
JUSTIFICATION STATEMENT
Boynton Beach Medical Pavilion
Administrative Appeal
Submitted October 4, 2002
The subject property is a 2 OS-acre parcel located along South Seacrest Boulevard, across
from the Bethesda Memorial Hospital The site was previously used as medical offices,
featuring a cluster of three (3) buildings constructed in 1978 On September 4, 2001, the
Boynton Beach City Commission approved a site plan for a new 29,173 sq ft. building to be
constructed on the subject site, subject to several conditions The conditions of approval
included code modifications regarding the minimum allotment of parking required for the site
and approval of height exception applications The proposed structure features a 44 foot, 4
inch (44'-4") high entrance feature that did not meet the maximum height regulations
established by code The last of the code modifications and exceptions were approved on
November 6,2001 Attached are copies of the City's approval letters relative to the Approved
Site Plan, Code Modifications, and Exceptions
As mentioned in the cover letter, the Rendina Company, our client, applied for a building
permit for this project on October 1, 2002 The City's Building Department, subsequently
denied the request, citing the expiration of the approved site plan The City's Land Use
Regulations regarding Expiration of Site Plan (Ch 4 Sec 5) states.
"Upon approval of a site plan by the City Commission, the applicant shall have (1) year to secure a
building permit from the development department. If an applicant fails to secure a building permit in
that time, all previous approvals shall become null and void, and the applicant will be required to
submit a new site plan and application, provided however, a clearing permit shall not constitute a
building permit plan for site plan review purposes. At its discretion, the City Commission may extend
the approval of a site plan for a one-year period, provided a request for extension is filed prior to the
expiration of the one-year period. In granting such conditions the City Commission may impose
additional conditions to conform the site plan to current development standards. II
Based on correspondence received from the Planning and Zoning Department on September
17, 2001 (attached), it is our contention that our client had one (1) year from the approval of
the last Code Modification and Exception, which was on November 6, 2001 (attached) The
letter specifically states "Once the necessary zoning code text amendments are adopted,
this project may proceed to the permit process Additionally, Conditions #25 - #27, listed in
the Conditions of Approval and listed below, further support the claim that approval of the
final site plan was reliant upon the ratification of the text amendments, which were finally
approved November 6,2001
Boynton Beach Boulevard Medical Office
Justification Statement
Page 1
The Site Plan Approval Conditions state
Condition #25. Site Plan approval is contingent upon approval of a variance for a
reduction in required parking.
Condition #26 Site Plan approval is contingent upon approval of a height exception for
the forty-four (44) foot high peak roof entrance feature, and the thirty-
one foot, eight in (31 8) parapet wall.
Condition #27 Applicant has applied for a code review to increase the height in a C-1
zoning district and to add parapets to the list of architectural elements
eligible for height exception Site Plan approval is contingent upon
approval and adoption of this requested code revision, and the ultimate
submittal and approval of a height exception for the parapet.
Therefore, based on the above conditions, it can be assumed that the one year period should
commence from the November 6, 2001 date The attempt to submit a building permit
application on October 1, 2002 was clearly within this time frame The site plan approval
ordinance did not include a commencement date, which they typically do, perhaps because it
was contingent on the additional approvals, which were approved afterwards
It should also be noted that our client has been actively pursuing the necessary steps to
commence development on this site As evidence, attached, is a copy of an executed Palm
Beach County Land Development Division Right-of Way Construction Permit. The permit
allows the applicant to modify the existing driveway, and construct an adjacent sidewalk
along Seacrest Boulevard Additionally, we have provided a series of correspondences
between DiFonte Consulting, Inc. (DCi), the civil engineer for this project, the Rendina
Company, and Mr Don Johnson, with the Building Department of Boynton Beach These
letters and memorandums, illustrate the project's evolution throughout the past year
In response to the Rendina Company's denial for a building permit, our office contacted Mr
Quintus Greene, Director of Development for the City of Boynton Beach on October 2, 2002
(attached), to request an administrative determination based on the evidence provided in this
appeal It was Mr Greene's interpretation that the conditions of approval, and the timing of
their completion posed no bearing on the actual approval date of the Development Order for
the site plan However, Mr Greene suggested that he would be supportive of an
Administrative Appeal request by Kilday & Associates, Inc. regarding this matter, seeing as
though both Staff and the Commission were both supportive of this redevelopment project.
As a result, on behalf of the Rendina Company, our client, we respectfully request a time
extension be granted post the September 4, 2002 Site Plan expiration date, to allow the
Rendina Company to apply for the required building permits to commence development of
this attractive redevelopment project to provide needed medical office space for the City
Boynton Beach Boulevard Medical Office
Justification Statement
Page 2
SENT BY RENDINA CONSTRUCTION DEPT
,
SB1 7Be 9049,
(561)?B2-?S61
OCT 4 02 1:3 :31,
09/21/01 11 A P 002
PAGE 4/4
DiFonTe Consul~lng
Q2)~D
DIFONTE
CONSULTING.
INC.
20ag APPALOOSA TRAIL
WRLUNGTON. FLoRIDA. 334 '14
TIEL. Be FAX.: (562) 792-755'1
WWW.DIFONTLCOM
CERT OF AUl"HORIZATION 8432
MEMORANDUM
DATE:
September 2], 2001
Mr Leonard Mass. Senior Vice President - Development
Rcndma Comp8llics. Jnc.
Eugene A. DiFontc:. P E. ffllf2
TO:
FROM:
SUBJECT Boynt.on Beach Medical Pavilion. Boynton Beach. F10nda
PreJiminary and Final Civil F..ngineering S~
Project Progress Update
DCIOIOOlO
t.~: tihJ'
I;,N'I Tt
~/4.::!It/,jvtl&7
/.. (;1. ~dI'I."iJr 1#-"
/- ~ ell/II
Pw-suam to your request. the following IS a bricf"snapshot'" view ofthe SlaI.1.L~ 0 fthe civil engineering portion
oflhe referenced projecL.
Preliminary Site En,i.eeriav
~ PreUminary site engineering sc~cs are estimated to be 100010 comp1ctc
'inal Site Ene'neerin!!
· Final SIte engineering services are eSLimated (0 be substontiaJJy complete.
.. We have prepared p1an.~ for on-site paving. grading, drainage .systems and on-site potable water. fire and
sanitary sewer utility 5eI'Vlces.
.. We bave coordinated Qur projec:t with other consultants associated with offsJlc water, sewer and offidte
roadway work.
On-site Enl!:iueriDI!. PemaittiDf!
~ final on-site engineering pennitting :iC~S are cstJrnated to be about 25% complete.
· ERP Pennil With SFWMD - Secured with a. "No Notice Pcnnit..
· 1.. WOD - Not required.
~ PBC Land Development permit - Applic:d foT on September 14, 200 1
· City of Boynton Beach Land Development (On-:nte and Drainage) - Subnuttcd plans informally for
preliminary review on September 3.2001
City ofBoynton Beach Utilities (Water &. Sewer Utilities). Submitted plans lor mformally preliminary review
on September 3. 2001
Cfty of Boynton Beach Fire Marsbal- Submitted -plans mfol'11UlUy for review ou September 3. 200 I
Pahn Beach County Health [)cpt./HRS (Water Utilities) - Pending approval nom City ofBoymoD Beach..
Palm Beach Count)' Health Dept./RRS(Sewer Utilities) - Pending approval fioom City of Boynton Beach.
..
..
.
.
Site Construction Observation$. aDd Certification
· Pending permit approvals.
C:\l)cjIl'llpjeDllll\OJOIO-~"'Mc4 ~IOJ..
7.~':i~~~:'
~r:-
:tJ{.~f:i
SENT BY RENDINA CONSTRUCTION DEPT,
SS1 7SS 9048,
OCT 4 O~ 1~ ~1, PAGE ~/4
2089 .PPALOOSA TRAIL
WELLINGTON, FLORIDA 33414
TEL. Be FAX.. (561) 792-755'
"WWW DIFONTE.CO....
CERT OF AUTHORIZA TIOH 8432
ffi)~D
DIFOh. fE
CONSULTING,
INC.
October 9,2001
Mr Don Johnson, Buildmg Official
City of Boynton Beach Building Department
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
~
project,6,v _.--..A----- .-
File ~V[/ ~ttA' _
u:
#-
{_ WI. .; ~1'v"1
I" 1.u1U~ I
Re:
Boynton Beach MedIcal Pavilion
Boynton Beach. Flonda
Engineenng Plan SubrmttaI
DCI010IO
{,t. I'
Dear Mr Johnson:
Our firm has been engaged by the Rendina Companies to desIgn and pemnt CIvil engineering elements
associated with the referenced proJect. Briefly, the project entails constructing a new multistory building and ancillary
facilittes to replace several existing single story medical offices. TIle proposed project is situated within a 2.05 acre
parcel along the east side of Sea crest Boulevard - at the southeast comerofthe Intersection with SE 27m Street The
project site is situated WIthIn the corporate lirmts of the City of Boynton Beach. Florida.
We ate pleased to subnut the followmg plans to commence the final engmeering plans review process for the
referenced project:
~ Two (2) sets of complete construction plans (Sheets 1 to 9, dated October 8,2001).
Please call or adVlSC US as soon as possible when you have had the opportwuty to review the plans.
Very truly YOW'S,
DIFONTE CONSULTING, INC.
11 C./Y51
EUge~e, P.E.
President
...
cc: Mr Leonard Mass. Rendina Companies
t ..d\""'J- 0 1\01010 - BcIyIam e-tl Mill PI\II888l~'"PI
SENl BY ~ENDIN~ CONSi~UCTION DEPT,
561 766 9048,
OCT 3 02 11 26,
PAGE 2/3
PALM IIEACH COUNTY LAND UEVELOPMI':NT DIVISION
RJealT -OJo-w A V CONSTRUCTION l"ERMIT
Pem\it:not valid unless pink topy I!I
1I1CfledJ'nd retumeCI Within lS dl)"
after pick up iDs
Palm BOleti County
a..nd DM1cIpmtat DlvIsfon
160 Aushllln Ave.. Room 203
West Palm BeadI, n. 33406
PERMIT NUMBRR.
ISSUANCE DATE.
EXPIRATION DATE.
S II T 45, R 43
FEE. 1.813.15
R/W0237-1201
December 20, 2001
Decernbcr20.2002
PERMITTEE. Rendina CDmp:mic9
3&01 POA Boulev:\rd, SuilC 555
Palm B~ch. FI 33410
Rr.p. Eugl:nc ^ DiFonle, P.~,
(561) 792-7551
LOCATION SItACREST BOULEY ARD - MOl>IFY tXISTING DRlVRWA V AND CONSTRlTCT
AD.JACENT SIDEWAI.K AI~I'ROXIMA'I'F.l Y 200 FEET SOtrrH OF S~ 27th A VF.Nlll::.
R.EF~RENC[!D rLAN!'i l'rojtd No. DClIll010
DWgll. 1-5 or 9
Permit is hereby gra1\lcd for lhe work within lhc rizht-of-way as shown on the referenced plaruo. subject to the
applicable Conditj"lls On back ufthis pc:nnit, and the following conditions:
1) Contact the Construction Coordination DivilliuD at (561) 684-41110, 48 hourll before
C:OtnolellctnJrllt of work. (See Condition NUlllbl:r t 011 the back of this permit.)
2) The pernlhtce or duly lluthoriud agent for the pllrmittee. sl1all bc rl:llpunslblc for notifying the
Municipal Administrator ur Clerk of C.ity of Boynton Bcneh 48 hour. Jlrior to commclU:ement of
wurk.
3) Tbe pcrmittee shall submit to the Land Development Divisiun a signed and scaled certification of
cuml,Je-tiou ru~ the Ilbove work CroOl the ellgiDecr-ol-record, referencing the permit number aDd
indieating:the wOI'I, Willi completed in substalltial acc:otdalll:l: with the apPI'Qved plan!!.
4) The pc:rmitt~ shall be I'CJponsible rllt subtnissiol\ uf a tnaffic cootl'ol plan to Ed McClane with the
Palm Beacb COUDt)' Traffie Division. lie call be contacted at (561) 684-4030. The plan shall bl:
subnlith..d a minimum ofl week! bcfurc eDDlItruClion am.I the permiUtc snail ensure I:uordinlltion
takes plaec felr tbe pIon to be approved prior to ~oDst"Ul:tioll.
This permit shall becOllle void ir\hc pink copy ofthe permit is not signed and returned to tillS office within 15 d:\)'S IIflc,'
pickup; Of, if ~tufned. Condition Number I on the back ofthis permit is not complied with. If a Building Depllrtment i~
listed as being Cll(liC:II bd(lw. we are sending thill Building Dcpanmenll copy of\hi!i pcnnilllnd requcsting lhe
Ccrtiticulc-of...occulllmcy be withheld unlil notili.:d by lhe \..:lnd ()QvclupnlCnt Division Ihallhis pcrmilluIs rtccivcd a
t111;11 review by lhc f'lIlan BCllCh COUIUy Conslnll:IIOII CnOI'din.lion Division.
PERMITrnF. Sl(iNATURE (AUTHORIZeD
SIGNATURE OJ( I1ULY AUTHORIZED AGENT):
THE "::I ""taAB~~ NC I
V' '. ~E1..r
"'- S GNATUKE
C(~~~
K. S Resers, P .E" Director
land Devc:lopmenl Division
Lawrence B. Juran, E~ecutive Vice President
PLfiASI PRINT OR TYPE'-
KSR.LLR,lIb
cc: ConstruclionCoordin.nioll Division w/plaras
I!cS McClane Pa.lm BC'..,ch Co. 'rnlffie Divisi~)n
Eugene A. DlFonte, P E, DiFonte Consultins. Incorporuled
Permittee w/phm.!l
City ofBo)'Dron Beach - Building l>cpanmcnt
k.~r f:\\IJIm1IILpcI\llW""",,IIIiooI\ ''''.lCII.\!ST I\OUI.I""...P.D IUW0%37-1101I4.endlll. C:"ftIJ'Ohics.dt\"
~t:r~ I t:l Y
2.
3.
4,
5,
6e.
Gb.
7
a,
9.
10.
11
'2.
13.
"t:NU~NA ~UN~I"U~'~UN Ut:rl,
:JOI 100 ~U'l-D,
U~ I ~ - Ut: I I t: I ,
rl-'out: ~/~
CONDITIONS fOR RIGHT-oF.WAY cONSTRUCTION
The pormltllle or permlueo', representative cllall meet at the sile with. representative of the Conslruclion ClIerdinstion Division
before work belllns. lflhe Conslruc:tion Coorclinllion DIvision hll b.." contacled within the noled time and the construction begins
prior to the ~plralion daIs, thl! worl( may proceed beyond the lll!piralion date bul shall be compleled in 3 timely monn~r. ~hcn
the work is deernec.l complele, cantaet the Conslructlon Coonllnallon Division and a review will be held at lhe Site Wllh 8
r~presonlelive of the Consll'udlon Coordini:llion Civisionand the permilleeor permlllec':; rcprc:;cnlatiyc. Construction shall bc done
MondlY thru Friday_ Sahardayor Sunday conalNctlon shall be lIpprovcd a minimum of 48 hours In advance of Saturday by Ihll
COnSINctian Coordination Clvlsion. A aliI ot plans besring the sppraval stamp of I/'Ie Office of the County Engineer and this permit
shall be present III the job site during construction.
ThD permille. understands and egrees thatlhe r111hl!t Me! ".wile gal h.,ein ..1 out are g~"lcd ol'lly t.. tho .,xlenl orlhe County's
right.tille end:lnlefCst in thelsnd to be entered upon and USDd by the permlnee, THE f'ERMITTEEWILLA T ALL TIMES ASSUME
AU. RISK ANO FURTHER WILL INDEMNIFY OEFEND, AND SAve HARMLESS PALM aEACH COUN"TY FROM ANO AGAINST
AI.L l.OSS, DAMAGe, COST OR EXPENSE ARISING IN AN..,. MANNER (INCLUDING ,Al.L U llGATtON COSTS AND ATTORNEY
FEES). ON A~C(')UNT OF THE EXERCISE Or:! AT'rliiMPTED EXERCISE DY SAIO PERMITTEE'Ot: THE AFOrtt!lAIO ",GilTS
AND PRIVILEGES REGARDLESS OI!.T.tif,~P~QJ~TIONMENT OF NEGlIG,"NCE QFTHE PARTIES INVOI VFn Tl>IF: PERMIT
HOLDER, THEREFORE. AGREES TO INDEMNIFY THE COUNTY FOR THE COUNTY'S OWN NEGLlGE-NCE. II is sp!lcifir;ally
",ntler'llXXllhat the limits 0' l!'lis indemnification are Ine COUNTY'S statutory liabilily limits undcr Section 768.28. Floride Stalule.
or IIny successor leglsl.lion in effect at !he iBauance of :l:lid permit. The e:dSllng 'tslulery limits under 768.28, Florida Stalu"! "'"
herGby rec091!l!zed as the Statue ("ConstrUcllon Conlracls") ShDUld Ih31 ~1;llulf.ll7" deeme.:llo apply
Permittee assumlls full reaponSll)lIily to main lain all ereu under conslruelion ufe for Ihe pUblic lInd 10 proporly rout. and direct
lraffic through: lIIe construction erea. All lraflic centrol operalionlshaJl be done In accolIJimcD with the ClJrnlnl Manual on Un/rerm
Traffic Conl1Ol D'vir:1fS (f'art VI). $lIl'ploments to this manual are Ihe Florida Ou;nutment ofTranspClrt:llloll's Ro:)S!wilY ..nd Traffic
p,s.lan Standards (Index 800) and Slandsrd Soecifi~Ilons ror Road and Bridoe COn!;I~Mctior.l. (Iatcsl edition). No obs.lruction of
Ihe travel lanes between 7 a.m. to 9 a,m. and 3 p.m. lo 6 p.m. Monday t!lru FrldllY unless epproved by the Palm Beach Counly
Treffic Engineering OMlIion. No Ume re.uictlons for local and subdivision TOaas, or lor conslruction done Saturday or Sunday
EffectivCl July 1 1986. aecQrdtl'lglo Florida StaMe 335.048 the pDrmillee mll!!1 nOlify local law enforcement agencies prior to 'he
closing of one'or more traveling lanes for a period of time exc:eer:ling two or more haurs or repair. ;lIIoration or reconslruction of the
rOadWay.
Permittee hereby IIcknCIWledgll& I/'Ie COUNTY'S righl to inspect the area gCll/erned by this pr:rmil al any lime prior 10 nn~1
acc:eplance by the COUNTY to assure compnanee wilh all plans and specific:ations. All reviews, however, IIhall bl! performftd !II
the COUN"TY'S discretion and are strictly to assure complianc:e whh projecl plans and specifications. PERMITTEE HERF.RY
ACKNOWLEOGES "HAT THE COUNTY VIA SAID REVIEWS IS NOT THE EMPLOVER, SUPERVISOR. PRINCIPAL OR AGENT
OF PERMITTEE. r'~ll"illee Is l:lt all times lIn indeptnc.lcnt contraclDr with full responSibility for all obligations and responsibililies
imposed under litis permit and impo!t.l'lct by Inw.
If 8 pal/ement cui "5101':l110n dclail is nol on Ihe 8Pllrov~d plana, Iha cUl shall be reslored per f.)rhlbll t: of Florida Department 0'
Trensr;>orU1lion .l:l1!.!.!!l: A,:r:I>tt\'UQdiltion Guide. The surfac;e replacemenl sl1l1l1 be applied SBme (/;ly il:l' pavement is CUI end
mllll\t3inod 90 days, lit ....hich time !he permluee or Ihe pannlltee'c repre~cntiltlv~ shell conlac\ tile Constructlo/'l CoordineUull
Oillislon lor reyjew. II deemcd /'lace nary by !/Ie ConstrucUon Coorclilllllion Division, Ihe flftrr"iUeosnilll reslore the repleeemalll
aree. .r Oyorlay wes required on Ihe plena or permit It $hell nO\ be applied untilthll replacement Rrca has beon given /inal rElvl",..,
by the ConstNction Coordim,Uon Oivi~'on. Saw CUI butl jOinls ~I the terminus of over!;,y Ir lea:hering 1$ u..ed ilttcrminlJ' of o.'etley
it sh,lI c:omplywhh FllIritfll Dopartment of TrBnsportation specification 330-12,4 To minimize inconvenicnce and as a COUI't!>~y
the permi1lee's conlractor ah.1I notify ll'le property owner/occupant or!ho proposed clJll1nO nr.. driveway
After lite replaCement arC:lltas been given final review by the Construc:tion Division, asphalt driveways shall be oyerlaid wilh a
minimum thlckne&l or 1 inch of lI:lphalt bctwcen Ihe rlght-ot-wilY line and I/'Ie Intersecti,lg IDild or Iront a' sidewal~ and InlerseC:liI,g
road if sidew.lk exj~ls (tapeT ends). The permlUee may choos. la e"Iirely replace Ihe drtvewi:ly bclwo~n the right-of-way line and
intersecIlng rOid wilhln 20 days after Ihe cu1 is madB. Concrete drives shall bl entirely reDIi:lccd bClwGGn thl! righl-or-way IiM And
inlersec:ting foad.
All areas In IhCl rlllhl-of-w:lY $h:lll be left. in 8 condlllon equal to or beller lhan ell.i:slell prior to conSlruC:llon, ShoulClers dislurblZd
within 8 feet ollhe edge of pilvement shall be stabilized II mi"hnl.m SO PSI Florida Beari,,!! Value, 6 inch.. in deplh. Existing
drainage shall nol bl impeded. Prior 10 Dr concurrent whit nnal rellillW, Ih. permlllee shall submit to the Construction COQrdlnalion
Olvlllon capiei af denSity reporte done by an Indcpc",denlleslinglaboratory If Ihe con!llruc:lion sl10uld fail willlin one yellr from
the dllle of nnl!ll review by lhe COn$trucUon Coon:llnlltlon Oll/iSion, the permiltee IS responsible ror reslorlltiOI\,
The permittee ~crline! Ihal he has notined orwtll hal/e no lined .11.81146 hours (Qxc:luding Saturday sunrt:lY!ll'lnd Icoal holid~ys)
prior 10 startln~ excavation. any pllnlon hiving Ihe right to bury gas pipe line within the ~Ubllc: or privale slreet. allay riglll-of-w(lY
or gas ullllly easemenl for purposes 01 obtaining informatIon concerning the possiblll IDcalion Dr g3S pille lines in L1l0 a/'(!a af
proposed excaVa~on,
Sidewalk areas Ihst Ire disturbed during construction shan be maintained until repalled
Thc instellelioP'! shell be coordinated wllh a'lY UUlily ar Cilble TV rac/lilias in lne area 01 eonslruclion.
TIll permi1leeldevelopershall provide and Install pavement m:lrkings (thermopl~llc, unless approved otherwise by the Palm Beach
Counly Trame l:1~!)in.er). and renectlve pilvemunl marlcers in ~lccordance wllh Pnll" E3lJlIch County Typlc(ll T-P-SO-001 Striping
shall ~e per Seellon 710 or ~l'leUon 711 as applicable, 0' Ihe lalell edillon ollhe Florids Dep.r1mon, of Tnmsporli/tion S/i/ndllra
Spec/fic:al/Orlls !Dr Road Dnd Bridge Cons/ruclion,
If trsffio:: "'i!lnillizatlon equipment is in the erea of oon..INc;lion, nollty r.alnt Belich County Traft\c OperatiOlls "l (561 )233-3900 Do
nol dlslurb any material within ahr f!el of a trIImc: signal pole or. guy wire and anchor If daml!lDe 10 Ihe cQlJipment occurll during
construction, it snaIl be repailGd by Traffic O~erallon. et the permlnee's eKpen...
When 1raffic: III1racted end/or generllad by Ole property served by I/'Ie tu",olltsllf!rmllled rC(ll1iros left or righllUrn lanes or olher
such addltlonal:pavemenlB and/or trafflc conlrol devices relal13d 10 such lrelfic:, il will bc tho rlllponsibillly of the owners 10 provide
sema. Con!ltrlJclion .h.n be In accord"nce with Palm Beech County SlandsrOs,
Reviled Saptemkr 19. 1999
01"'.....,., PMnIis.l'."'n.wllCTP1i'"
FOJm: IlWp.""li,pr:2
Kilday & Associal.,.,",
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 Fax (561) 689-2592
EMail info@kildayinc com
October 2, 2002
Mr Quintus Green, Director of Development
City of Boynton Beach
POBox 310
Boynton Beach, FL 33425
Re: Boynton Beach Medical Pavilion
Dear Mr Green,
Based on our Conversation, on October 1, 2002 the Rendina Companies, attempted to
apply for building permits for the above-referenced project. The Building Department
denied the request citing that the Site Plan Approval had expired, because it was over a
year old. However it was assumed that based on a letter sent to our office from Mr
Michael Rumpf, Planning and Zoning Director, on September 17, 2001, that our client
could not proceed forward with the building permit process until after a text amendment,
relative to this project, was adopted. Since the text amendment was not ratified until
November 6, 2001, it is our understanding and that of our client, that the time table to
seek a building permit did not start until the November 6, 2001 adoption. Therefore, the
expiration date on the Site Plan Approval should be November 6, 2002.
Furthermore, the Site Plan Development Order does not clearly state, as to when the
one (1) year expiration of the approved Site Plan officially ends. That being the case, we
can only presume that the approved Site Plan is valid until November 6, 2002, when the
text amendment.
Therefore, we respectfully request that the interpretation of the time limit to pull building
permits be reconsidered to reflect November 6, 2002. This allows our clients to proceed
with applying for building permits for a project that the City has approved and strongly
supported. Attached to this letter are copies of the signed and dated Development
Orders and the above referenced letter from the Planning and Zoning Director
Please contact me should you have any questions regarding this information.
~~'.
KiebItLt4~
Kilday & Associates, C.
Cc: Brian Mock, Rendina Companies
Larry Juran. Rendina Companies
U\". I -lU")-C:lUlUC J..,) ~lU r,,-ul'\ \".UI....' ..-C:UCVCLUrnC''<'
JOJ.'~C:OlUO:;l
IU JOJ. 00:;1 CJ:;IC
r ~~c:.
~\"Y r..'/<
L .'--::-.~
. (~~-t~~"..
~ l\~\l(~':~-";"I:: I
'.... 'l. ~. \ '....-.. J .
r. \',' '.~, ,".. .:)- u .
~~,~, .9 \~ )
1.' -.' ,,-::. '.'
~()~ (..,
DEPARTMENT OF DEVELOPMENT
. Buildlng . Planning & Zoning . Occupational Licenses · Community RedovelopmCllr
October 3. 2002
Mr Kienan Kilday
Kilday & Associates
1551 Forum Place. Suite 100A
West Palm Beach, FL 33401
Re: Boynton Beach Medical Pavillion (File. NWSP 01-004)
Dear Mr Kilday'
This Jetter is in response to our conversation of October 1, 2002, and your subsequent
letter requesting a reconsideration of the time limits required to pull a building permit
under the Development Order for the above referenced project.
Please be advised that I have investigated the circumstances involving the timing and
conditions associated with the site plan approval of the project. A review of the project file
clearly indicates that the text amendment referenced in your letter and ratified on November
6,2001, was a condition of approval of the site plan. As with all such conditions, the timing of
their completion has no bearing whatsoever on the actual approval date of the Development
Order for the site plan.
Moreover, Chapter 4, Section 5 of the City's Land Development regulations is clear in stating
that. "Upon approval of the site plan by the City Commission, the applicant shall have (1) year
to secure a building permit from the Development Department." This section of the code
further states that" At its discretion, the City Commission may extend the approval of a site
plan for a one year period, provided 8 request for extension is filed prior to the expiration of
the one year period. "
Inasmuch a~ the Development Order for site plan approval was granted on September 4,
2001, and given the fact that at no time during the subsequent year was a request for an
extension of the site plan ever made, I have no basis for any interpretation other than that
provided. by the City <?o,de Therefore, the site plan for the above referenced project has. in
fad, expIred and a bUIldIng pennit cannot be issued.
Please feel free to contact me if you have any Questions
Sincerely,
Quintus Greene
Development Director
Cc: Mike Rumpf, Planning Director
Don Johnson, Building Official
City of Boyntori Beach . 100 East Boynton B h BJ
eac vet., P.O. Box 310 . Boynton Beach Florida 33425.0310
PMn... IU1\ "7.('~"t1:t'l . '-' Munt- L - h ·
rlln.r1D~r- ^Pft
.nt~ COns~l T I ~
sa1 7aa 9048, OCT 4 02 13 31,
792 7651 > THE RENDINA --'MPANIES
(5S1)?92-?~1 mS/27/02 1. J7A P 002
PACE 2/4
SENT BY RENDINA CONSTRUCTION DEPT,
9/28102 23 OS 6'
Page 2
[Q)~D
DIFONTE CONSULTING, INC.
2089 APPALOOSA TRAIL D WELLINGTON, FLORIDA 3341 4
TEL. Be FAX.. (561) 792..7551 CI WWW.DlFONTE.COM
CERTlFlCATE OF AUTHORIZAilON NUMBER 8432
MEMORANDUM
DATE:
Seplember 27~ 2002
FROM:
Mr Brian Mock, Construction Manger
Rendma COmpanies, Inc.
Eugene A. DiFontc, P.E. ~
Boynton Beach Medical Pavilion, Boynton Beach.l:lorida
F"mal Civil Engineering Services
Project Progress Update I
DCIOlOOIO
TO:
SUBJECT:
Pursuant to our di.~ulCslons, the following is a brief"sIU1pshot" view of the status of the CIvil engineering
portjon of the referenced project:
Prelimin.ry Site EnRlacerin!!
.. Preliminary site cnginccnng services arc 100% complete.
Final Site Enlliaeeriall
.. Final site engineering services are t 00% complete.
On...ite Enlliaecrin2 rermlttlu
.. ERP Pcnnit with SFWMD . Secured with a "No Notice Permit"
.. L WDD - Not reqwred.
.. PBC Land Development permit
· Secured in December 2001 (At about the time a stop work order was ISSued.)
.. We ha~ "picked up'" the permit on September 26. 2002 and WIll mail the originals for your signature.
· City of Boyuton Beach Land Development (On-Sltc and Drainage) -
· The City is reviewing the project at thi$ lime. We expect comments as early as next week.
.. City of Boynton Bach UtilitIeS (Water & Sewer Utilities)
.. The City has completed its imtlal review
.. Re-submittul to resolve corrunents expected next week.
~ We will need a ehcclc in the amount of 52, t 06.72 prior to final approval to reserve the 2" waler
meter
.. Palm Beach County Health Depl./HRS (Water Utilities)
· Pending approvullTQm City ofBo)'l1ton Beach. .Expect approval 1ft <klo~ 2002.
· Po.Ln Beacb County Health bept.lHRS(Scwer Utilities)
.. Pending approval from City of Boynton Beach. Ex.pect approval in. Oaober 2002.
We trust this briefslalUS rt:!pOrt is benefic:iaJ. Please call m, ,rroo },ave any qucstions.
C:\Uco'PIq_ 0110\0111 It.,......."""", Weol.............,..,....~ MCI.......
Kilday & Associates
Landscape Architects/Planners
1551 Forum Place
Suite 100A
West Palm Beach. Florida 33401
(561)689-5522 Fax (561)689-2592
TRANSMITTAL
DATE 10/04/02
PROJECT NAME. Boynton Beach Med. Pay
PROJ ECT NO 868.281
TO Michael Rumpf, P&Z Director
City of Boynton Beach
For Internal Use Only
REGULAR M-AIL
HOLD FOR PICK-UP
-XXX COURIER
OVERNIGHT DELIVERY
FED-EL..U.PS
a.m _ p m_ SaL-
Copies to.
w/ enc
Larry Juran/Brian Mock Rendina Co
Quintus Green City Of Boytnon
NO. OF DATE DRAWING DESCRIPTION/REMARKS
COPIES OR ITEM NO.
1 1 0/04/02 Appeal Letter, $20000 Fee
KILDAY & ASSOCIATES, INC
BY Jamie Gentile