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CORRESPONDENCE /'; /<{, DEP AR TME NT OF DE VELa> ME NT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses - Community Redevelopment April 9, 2002 Mr. J. David Anderton II, AICP, Senior Planner II PBS & J Company, Inc. 3230 Commerce Place, Suite A West Palm Beach, Florida 33407 Re: Newport Place - Parking Lot (Additional Spaces) MMSP 02-020 Dear Mr. Anderton: In response to your request for the administrative review and approval of the modifications proposed to the above-referenced, approved site plan, please be informed that the changes to the parking lot as shown on the site plan date stamped 03113/02 are "minor", as defined within the Land Development Regulations, Chapter 4- Site Plan Review. This project may continue to be processed by the Building Division as a permit application contingent upon the following condition: I. Any of the relocated trees that may not survive the transplant must be replace on the site; 2. The proposed hedge replacement must be the same as the existing hedge. All proposed plant material is subject to City Forester review and approval. Be advised that the proposed changes may require a modification to the building permit. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, ) ) 1 (),(/;/J.:4 B~b~, Lusia Galav, AICP Principal Planner Cc: Jose Alfaro, Planner Maxime Ducoste-A., Planner J ISHRDAT..\\PlanningISHARED\WP\PROJECTS\Newpurt Place'MMSP 02.02U. hrkillg LOI\Approval Leucr.doc City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 . www.ci.boynton-beach.f1.us PBS,f ., rn ~, nuoo An employee-owned company April 2, 2002 DEPARTMENT OF DeveLOPMENT Lusia Galav Planning & Zoning Office City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL. 33425 Re: Newport Place Minor Site Plan Amendment MMSP 02-020 Dear Lusia: Pursuant to your comments letter, we offer the following: I. The hedge will be replaced with the same hedge that exists today or an approved equal by the City of Boynton Beach. 2. The existing lake had excess storage capacity per the existing SFWMD Permit. We have applied for and received a modification to that permit (copy attached). Also, please find my cover letter to the District, which provides reasonable assurance that the Stormwater Management System will not be adversely affected by this improvement. 3. The edge of water shown on the plan is the control elevation for the water management system. This elevation is controlled by the bleeder at the outfall location. Please don't hesitate to contact me if you have any questions. Very truly yours, Patrick E. High, P.E. cc: Stuart J. Renaldo - w/enc\osures Skip Harvey David Anderton file \\wpbfs\sysl\COMMON\HIGH\Ncwport Place\L Galav Ltr 4-2-02.doc 3230 Commerce Place, Suite A . West Palm Beach, Florida 33407 . Telephone, 561.689.7275 . Fax, 561 689.3884 . www.pbsj.com ,~ ,"\ f\JEW~ 'FtAL& SOUTH FLORIDA W.\TER MANAGEl\IENT DISTRICT :'\31:; '_il.!n ,---Jul' ),,;,1-' \\.'';\ r'.11t~1 St'JL.~. rJ,1f:d.1 "--lL'" . 131'; I h,'-p_";,,,,:, . j'~ \ \1:-- ,-"<\d-";~2 2cQ; . 1:-:)" '''' t .". _ ~ \i<iJi'I<,;,.\d,ir,'-" I',' bl','::~ni';,' \\"..,:;'"I:;lL,-.t..,' f:..- '~.t,.,-.+1,";1. '."..,. ,;;,',;",i~\,. CON 24-06 Environmental Resource Regulation Division Application No.: 020308-1 /March 13, 2002 -, . STANFORD PARK PUD cro PBS&J. INC. 3230 COMMERCE PLACE. SUITE A WEST PALM BEACH, FL 33407 Dear Permittee: SUBJECT: PERMIT NO.: 50-01112-S Project: STANFORD PARK PUD Location: Palm Beach County, S8fT45SrR43E District staff has reviewed the intormation submitted March 8, 2002. for the 13 parking space addition and lake recontiguration with no net reduction in storage and treatment volume for the lake system, as shown on the submitted plans dated March 6, 2002. Based on that information. District staff has determined that the proposed activities are in compliance with the original surtace water management Permit and appropriate provIsions of FAC Rule 40E-4.331 (2)(b). Therefore, these changes have been recorded in our files. Please understand that your permit remains subject to the Standard Limiting Conditions and all other Special Conditions not modified and as originally Issued. Should you have any questions concerning this matter. please contact thiS offrce ". II Carlos A. DeRojas, P. . Sr Supv Engineer Palm Beach Service Center CDrcd ~~J. : -. " ~ " " ~ ~' ," c: Palm Beach County Engineer Pbs&J Renaldo Design Companies Inc f';r ~ll '. -.. I" lr\l,:ir, \'.,:0I,lI1I" ]',i .,-'J' ~ \ , . i ' i.:; !.l'l1n.lr!! Lll1d.lhl. 1'1 ." l :1,. I ',11l','!., I)ro,,~ ,-1 h"rn.l~ : it:~h \1 I: ,:il ,: (.t'r,nd,'1l !-,'rll.lll" ii,,, \.'-' any such final decision of the SFWMD shall have pursuant to Rule 40E.1.511(2), Fla. Admin. Code (als~ published as an exception to the Uniform Rules of Procedure as Rule 40E.0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511 (4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stal., may waive their right to such a hearing and request an informal hearing beforeflhe Goveming Board pursuan110 Section 120.57(2), Fla. Stal., which may be granted at the option of the Goveming Board. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown. may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any. conceming the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat.. any substantially affected person who claims thai final agency action of the SFWMD relating to permit decisions constitutes an unconstitulional taking of property without just compenoatJOn may seek judicial review of the action in circuit court by filing a civil adion in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stal., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stal., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Cieri< a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the camplaining garty may then file a civil suit for injunctive relief in the 15 Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433. Fla. Stat.. a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment. reservoir, appurtenanl wori< or wori<s that violate the provisions of Chapter 373, Fla. Stal. DISTRICT COURT OF APPEAL 8. Pursuant \0 Section 120.68, Fla. Stal., a party who is adverse!y affected by fin~1 SFWMD action may seek JudiCial review of the SFWMO s final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Cieri< within 30 days of rendering of the final SFWMO action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a .proceeding below. may seek review by the land and Water Adjudicatory Commission (FLAWAC) of SFWMO's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stal. Pursuant to Section 373.114, Fla. Stal., and Rules 42.2.013 and 42-2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1). Fla. StaL. must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous wit., filing. a copy of the request for review must be seIVed on the DEP Secretary, any person named in the SFWMD or DE," final order, and all parties to the proceeding below A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the reai property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 7D.001(~)(a), Fla. StaL LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A prooerty owner who alleges that a SFWMD development 'oOO.er' (as that term is define~1 in Section 70.51 (2)(a), Fla StaL to include permits) or sFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property. may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stal. MEDIATION 12. A person whose substantial interests are, or may be, affected by the SFWMO's action may choose mediation as an altemative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111 (2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Re'IIsed August 2000 28-106.301 INITIATION OF PROCEEDINGS (NOT INVa.V1N::; DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding. and an explanation of how the petitioner's substantial interests will be affected by the agency detelTl}ination; -. . (cl A statemenl of when 'and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 SUSPENSION. REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a heanng not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause. administrative complaint, or other communication that the party has received from the agency 42-2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing comple!ion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed. the proceeding in which the rule or order was entered and the nature of the rule or order. A COpy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity' (a) How the order or rule conflicts with the requirements. provisions and purposes of Chapter 373, F.S.. or rules duly adopted thereunder; '"...., (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previousty instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or region at significance, or whether the order raises issues of policy. statutory interpretation, or rule interpretation that have regional or statewide Significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner daims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt. amend or repeal a rule. 28-107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health. safety. or welfare requires emergency actIOn, the agency shall summarily suspend. limit. or restrict a license. (2) the 14-day notice requirement of Section 120.569(2)(b). F. S., does not apply and shall not be construed to prevent a hearing at the earties: time practicable upln request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of Ihis rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569,120.57. and 120.60. F.S. 40E.1.611 EMERGENCY ACTION (1) An emerge,ncy exists when immediate action is necessary to 'protect' public health, safety ori",elfare: the health of animals, fish or aquatic life; the wor1<s of the District; a public water supply. or recreational. commerCial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued. after the expiration of the requisite time for compliance with thai order. Re'Jlsed August. 2COO PHS' .., An emolovee-owned companv March 7. 2002 Carlos A. DeRojas. P.E. South Florida Water Management DistrIct 3301 Gun Club Rd. P.O. B1t:'l 24680 .~;. West Palm Beach. FL. 33416-4680 Re: Gencral Pcrmit No. 50-0l1l2-S Project: Stanford Park P.U.D. Location: Palm Beach Co. Sec 8ITWP 45/Rge 43 Issued: October 4, 1983 Modificd: September 121988 Dear 'VIr. DeRl1jas: Please find enclosed. an overall site map showing the above referenced permitted project with .""rea' ..\' identified to show the location at which additional parking is desired and detailed on drawing Sheet C -I. We propose to add (13) spaces as sho\\"ll for a total increase ofimpemous area of 1872 sq. Ii. .\s you can see from Sheet C-1. the lake storage \.olume that is being reduced by the construction of the parking spaces is being added in the area just nonh of the spaces to pro\.lde no net reduction in storage and treatment \'olume for the lake system. From review of the attached permit. the required detention was 1.9 AC Ft. and the pn)\'ided detention was 2.0 AC Ft. We. therefore. from the above paragraph. provided detention that still exceeds the required amount. The updated land area table is as follows: A. Applicable Land Area Original Permit Mod (1988) This Project 1. Total 2. Water Management 3. Impervious 4. Dwelling 23.2 acres 23.2 acres 1. 6 aeres 1. 5 acres 8.6 acres 7.5 acres 120 Bed Convalescent 120 Bed Convalescent Center-220 Unit ACLF Center-220 Unit ACLF 6000 Sq. Ft. 6292 Sq. Ft. '. 23.2 acres 1.5 acres 7.54 acres 120 Bed Convalescent Center-220 Unit ACLF 6292 Sq. Ft. 5. Commercial 3230 Commerce Place. Suite A. West Palm Beach. FlOrida 33407 . Telepnone, 561.689.7275 . fax, 551.689.3884 . wWWPoslcom We find that this minor increase in impervious area due to the additional parking spaces is in compliance with the permit and request a Letter Modification to said permit for this work. Please find enclosed for approval: I. Two copies of the overall project. 2. Two copies of Sheet C-l (additional parking). 3. lOne copy of the SF\VMQ.Permit & Modification. 4. lOne check for $100:00 (Application Fee I. Thank you for your assistance. Very truly yours. ;'~~ ~ lCf.v;( "- -:d:: ~:- Patrick E. High. r.E. cc: Stuart J. Renaldo Skip Harvey .. - U:\COMMONlHIGHlC D,Rojas Ltr Stanford Park March 6.doc PBSJ DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-072 TO: Lusia Galav, Principal Planner, Planning & Zoning Maxime Ducoste-Amedee, Planning Technician, Planning & Zoning FROM: Laurinda Logan, P.E., Civil Engineer\L~ April 5, 2002, ) , . Newport Place Minor Site Plan Amendment - Second Review MMSP 02-020 DATE: RE: Lusia, As requested I have reviewed the revised plan referenced above in connection with the comments I made during the first review. The consultant has addressed the comments to my satisfaction. Engineering has no further comments on this project. Please let me know if you have any questions, or if I can be of further assistance. xc: Jeff Livergood, P.E, Director, Public Works Pete Mazzella, Assistant to Director, Utilities H. David Kelley, P.E.lP.S.M., Utility Engineer, Engineering Glenda Hall, Maintenance Supervisor, Parks Ken Hall, Engineering Plans Analyst, Engineering Frantz LaFontant, Engineering Plans Analyst, Engineering File S:\Engineering\Dostal\ENGINEERING\Newport Place 2nd Review Memo #02-072.doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-067 FROM: Laurinda Logan, P.E., Civil Engineer )r~});,';-" '/Joj'-://' (s",,,,, .II.~~! ..<.' 12>' .;1./1 -'-." ", I I '. - ~ i I -)1-.. " -. "" . , ,) ~""-f'-''''''''/ <'>'i'i;, - , (-, ',' / ~ . .... '>><~:;~~'.:':'I:I ~ ~l " .tt>, ~~i TO: Lusia Galav, Principal Planner, Planning & Zoning DATE: April 1, 2002 RE: Newport Place Minor Site Plan Amendment MMSP 02-020 Lusia, As requested I have reviewed the above plan regarding any engineering comments in connection with the minor site plan modification request. The following items were noted during my review: o No species was specified for the new hedge. Please note that ficus is not an allowed species (LOR, Chapter 7.5, Article II, Section C.2.) o The west end of the lake is proposed to be regraded to accommodate the proposed parking. Demonstrate that the proposed change will not affect required drainage capacity. Provide copies of any permits associated with this retention/detention area. A 20' maintenance easement is shown as required by the LOR, Chapter 6, Article IV, Section 5.B.2.d. It may be necessary to reduce the easement width from 20' to 12' - 15' maximize storage. An alternative would be to construct a retaining wall (with a handrail or other protective rail) west of the shoreline to avoid impacting the lake at all. o The plans indicate the location of the existing edge of water. Please identify whether this is low, average, or high water level. Please let me know if you have any questions, or if I can be of further assistance. xc: Jeff Livergood, P.E, Director, Public Works Pete Mazzella, Assistant to Director, Utilities H. David Kelley, P.E.lP.S.M., Utility Engineer, Engineering Glenda Hall, Maintenance Supervisor, Parks Ken Hall, Engineering Plans Analyst, Engineering Frantz LaFontant, Engineering Plans Analyst, Engineering File S:IEngineeringlDostallENGINEERINGINewport Place Memo #02-067.doc Plannin~ Memorandum: Forester 1 Environmentalist To: Lusia Galav, Senior Planner From: Kevin J. Hallahan, Forester 1 Environmentalist Subject: Newport Place MMSP 02-020, 151 Review Date: March 26, 2002 Existing trees and hedges (olantings) The applicant proposes on the plan to relocate the three existing 10" diameter Oak trees and replace the existing hedge plantings in accordance with the tree preservation ordinance. Any of the relocated trees that may not survive the transplant must be replaced on the site. The project should continue in the normal review process. Kjh file PBSJ ., An employee-owned company March 13, 2002 Mr. Michael W. Rumpf, Director City of Boynton Beach Department of Development Planning and Zoning Division 100 East Boynton Beach Boulevard, P.O. Box 310 Boynton Beach, Florida 33425-0311 RE: NEWPORT PLACE REQUEST FOR ADMINISTRATIVE MINOR SITE PLAN AMENDMENT APPROVAL Dear Mr. Rumpf: PBS&J, on behalf of Newport Place, is pleased to submit this application for an administrative minor site plan amendment for your consideration. This submittal is based on my meeting with Mr. Eric Johnson and Mr. Maxime Ducoste-Amedee of your office. Our client has requested a design solution to provide additional parking capacity on the site. As a result, PBS&J has developed an engineering plan which will provide 13 additional parking spaces. As you can see from the submitted plans, there are three (3) existing oak trees that are proposed to be removed and relocated within the newly created 5' landscaping buffer as well as a new 18" wide hedge. Additionally, we are proposing to add an additional oak tree in order to meet the existing code requirement of one tree for every 10 parking spaces, which was communicated to me at the above referenced meeting with your staff. PBS&J has designed the new parking area to meet all existing code requirements. Enclosed please find the following for your review: 1. A check made payable to the City of Boynton Beach in the amount of $100.00 2. 4 sets of the survey 3. 4 sets of the site plan 4. 4 sets of the engineering plans V~~ , 3 2u02 I L_ () ,<;f 1- 34,- tl'>J 04 00<1- -dOuc/ 3230 Commerce Place, SUite A . West Palm Beach, Florida 33407 . Telephone 561.689.7275. Fax 561.689.3884. wwwpbsj.com If you have any questions or need further information, please contact me at (954) 733-7233. We look forward to your favorable response. Sincerely, PBS~ .d~ ~//d ~~/ 0. David Anderton I~ Senior Planner II CC: Stuart J. Renaldo, Newport Place Mario Loazia, P.E., PBS&J Pat High, P.E., PBS&J Carolyn Pendelton-Parker, PBS&J G :\Anderton\Newport Place\newminorspamendtrans.doc PBSI PROJECT NAME: Newport Place LOCA nON: Southside of Hypoluxo- West of 1-95 PCN: 08-43-45-08-04-004-0000 I FILE NO.: MMSP 02-020 II TYPE OF APPLICA nON: Minor Mod I AGENT/CONTACT PERSON: OWNER: J. David Anderton II, AICP PBS&J Co. PHONE: PHONE: 954-733-7233 FAX: 561-689-7275 ADDRESS: FAX: 561-689-3884 ADDRESS: 3230 Commerce Place, Suite A West Palm Beach, FL. 33407 Date of submittalIProiected meetinl! dates: SUBMITTAL / RESUBMITTAL 3/13/02 1ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: N/A 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 N/A MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: N/A COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Newport Place\rvIMSP 02-020\2002 PROJECT TRACKING fNFO.doc