CORRESPONDENCE
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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,
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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
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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
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SOUTH FLORIDA W.\TER MANAGEl\IENT DISTRICT
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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
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Pbs&J
Renaldo Design Companies Inc
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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
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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
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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