LEGAL APPROVAL
. The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
May 10, 2004
Mr. H. P. Tomkins, Jr.
H.T. P. Consultants, Inc.
3350 Northwest Boca Raton Boulevard Suite B-38
Boca Raton, Florida 33431
RE:
File No.:
Location:
Woolbright Plaza
MSPM 04-001
Southwest comer of Woolbright Road and Congress Avenue
Dear Mr. Tompkins:
Enclosed is the Development Order granted by the City Commission on April 20, 2004. The site plan approval is valid for
one year from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension
granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
ImlJortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with thefirst permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
Sincerely,
~cJS
Michael W. Rumpf
Director of Planning & Zoning
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DEVELOPME~"T ORDER OF THE CITY COMMIS"'ON,>OF THE
t ( OF BOYNTON BEACH, FLORIL_ '
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PROJECT NAME:
W~lbri9ht Plaza ! (,
Mr. H.P. Tomkins, Jr. with H.P.T. Consul~nt~':lnc.
Development
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APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
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3350 Northwest Boca Raton Boulevard, Suite B-38 Bo~R.atQn.l=L ,I
33431 -......~;~'Vl/
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 20, 2004
TYPE OF RELIEF SOUGHT: Request major site plan modification to amend one of the project's
conditions of approval approved in March of 2002.
LOCATION OF PROPERTY: Southwest comer of Woolbright Road and Congress Avenue
DRAWING(S): SEE EXHIBIT"S" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS 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 "C" 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.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
DATED:
7. Other
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EXHIBIT "C"
Conditions of Approval
Project name: Woolbright Plaza
File number: MSPM 04-001
Reference: 2nd review Dlans identified as a Major Site Plan Modification with a March 16. 2004 Planning and
Zoning D~artment date stann> marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
ENGINEERING DIVISION
Comments:
1. All comments requiring changes and/or corrections to the plans shall be
reflected on all apPfoDriate sheets.
2. Please note that changes or revisions to these plans may generate additional
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
3. The Gumbo Limbo proposed adjacent to the dumpster enclosure may need to
be relocated to provide vertical clearance for Solid Waste DickuD.
4. It is recommended that the four mahoganies proposed along the south
property line be located in such a manner as not to conflict with the existing
black olives to the south.
5. It may be necessary to replace or relocate large canopy trees adjacent to light
fixtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article IT, Section A.1.b).
UTILITIES
Comments:
6. All utility easements shall be shown on the site plan and landscape plans (as
well as the Water and Sewer Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility easements.
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
COA
04/21/04
2
DEPARTMENTS INCLUDE REJECT
utility easements or public riRhts-of-way.
7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable
water. As other sources are readily available City water shall not be allowed
for irri2ation.
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTERlENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
8. This major site plan modification request is to amend condition of approval
#45 from caus 01-007. Condition of approval #45 states, "Along the west
landscape buffer within the utility easement, the applicant shall replace the
proposed Sabal Palm trees with Royal Palm trees (at same specifications).
In addition, the Areca Palm trees andapproprlate shrub material shall be
installed at a height that will jUnction as a significant lower-to-midlevel
visual buffer. The landscape material proposed in said west landscape buffer
shall be continued to the southwest corner of the subject site. The West
Indies Mahogany trees proposed on the west landscape bufftr shall be
installed at a more "mature" height and will be planted tip-to-tip. A mixture
of "mature" Royal Palm trees and "mature" Live Oak trees shall be
installed along the north and east property lines". The remaining 44
conditions of approval would still be applicable.
9. As with any request for major site plan modification, a new signed and sealed
survey (within 6 months) is reauired. Copies not permitted.
COA
04/21/04
3
DEPARTMENTS INCLUDE REJECT
10. The proposed survey shows a new property line that separates Parcel "At>
from Parcel "Bt>. Staff does not recognize this line because the original
survey (that was submitted with COUS 01-007) showed the subject property
as one (1) parcel. Approval of the proposed survey submitted with this
request for major site plan modification implies that the project meets
setbacks, parking, lot coverage, cross-parking, cross-access, etc. More
infonnation would be reauired for staff to make this determination.
11. The landscape plan that was last reviewed and approved by the City
Commission was dated February 11, 2002. These are the officially
recognized plans despite any changes that have been made during the
permitting process. Therefore, the proposed landscape plan (dated March 9,
2004) will be colIl1>ared with the ones aoproved bv the City Commission.
12. On the landscape plan, ensure that the plant quantities match between the
tabular data and the llfaDhic illustration.
13. All trees, ifproposed as trees, must be at least 12 feet in height and three (3)
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.). This would apply to the Silver Buttonwood, Japanese Fern Palm, and
Glacous Cassia trees.
14. According to Chapter 7.5, Article II, Section S.D. of the Land Development
Regulations, trees cannot be spaced more than 30 feet apart if planted within
landscape buffers that are adjacent to rights-of-way (i.e. Congress Avenue
and Woolbright Road). Clustering of trees is permitted, however, the
proposed plan shows large gaps between the clusters and this does not meet
the intent of the code. Add more trees to "fill in the 23J>S".
15. Staff recommends that the parking lot pole lights west of the buildings be
reduced in height from the proposed 30-foot height, which can be easily
screened from the residential property to the west by the proposed
landscaping, that landscaping height and spacing be improved to
appropriately screen these 30 foot tall light fixtures, or shields be placed on
the light fixtures in order to meet the intent of the previous two (2)
recommendations.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
16. To be determined. ~
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