APPLICATION
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KimlE:rrlorn
and Associates, Inc.
Transmittal
Date: May 4, 2005
Suite 400
601 21st Street, Suite 400
Vero Beach. FL
32960
TEL 772 562-7981
FAX 772 562-9689
Job Number:
47148007.2700
Project Name: Boynton Village-C-3
To: City of Boynton Beach Department of Development
Planning and Zoning Division - Attn: Sherie Coale
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
561/742-6260
-~
We are sending these by
o U.S. Mail
o Other:
We are sending you
o FedEx
IZI Hand Deliver
IZI Attached
o Shop Drawings
o Other:
o Under separate cover via
the following items:
~ PrintslPlans
o Samples
o Specifications 0 Change Orders
No.
Description
Copies Date
12
12
12
12
12
5
12
12
2
3
4
5
6
7
8
Roadwa
Roadwa
Site Develo ment Plan Civil En
Landsca e Plan LA-l - LA-7
Architectural Plan Sheets
Architectural Elevations
Photometric plan
Comment response letter
........----.--
IZI For your use
These are transmitted as checked below:
o As requested
o Approved as submitted 0 Resubmit 0 Copies for approval
o Approved as noted 0 Submit 0 Copies for distribution
o For review and comment 0 Returned for corrections 0 Return 0 Corrected prints
Remarks: Sherie, enclosed is the resubmittal package referencing comments by the City for the
Boynton Town Center Project (C-3) at the northeast corner of Old Boynton Road and Congress Ave.
Please give me a call with any questions or concerns at 561-840-0819. Thank you.
Copy to: Richard Foreman w/encl Signed
Jim Comparato w/encl Russell Morrison, P.E.
H:\047148007~Boynton ViIlage\Trans\5-4-05 City of BB resubmittal for site plan (C -3).dol.:
City Codes Accessed Via Website
www.bovnton-beach.ofll
www.amlellal.com/bovnton beach fl
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLlCA nON FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISnNG SITE PLAN
Has applicant attended a pre-appllcatlon meeting? Vp.~ Date ~pptp.mhp.r 10, 2004
This application must be filled out completely, accurately and submitted as an original to the Planning and
Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted with the application for the initial process of
the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1.
Project Name :
Boynton Town Center I
2. Property Owner's (or Trustee's) Name: The Klatt Famil V Limited
Partn~r~bir #1 ~nn Kl~rr Rnrprrr;~p~, Tn~
Address:9290 Nickels Blvd. Boynton Beach, Fl
Phone:
Fax:
33425
(Zip Code)
3. Applicant's name (person or business entity in whose name this application is made):
Boynton Beach Place, LLC
-
Address: 1.1t;O South ,lohn~on ~E?rrv Road. .Suit.e 100. At1antol G:A 30319
\L.IP Code)
Phone: 4 0 4 - 8 4 7 - 1 80 0 Fax: .1 ()'1_ 9 .1 7 _ U~ 1 R
If contract purchaser, please attach contract for sale and purchase.
.. ~S%"'Ll., C~fY/Atf.l~ fC
4. Agent's Name (person, if any, representing applicant): Clu is Ral....h, P. E. I
r/o K;443(-e~t~~~o(l(vc lIV6T eKUIJ1 ~ Pc-
Address: W1 .21 st StreeL Ve:r:o Dead{ FL 32960 "'?:>~ 40'(
(Zip Code) .
Phone: n2 794 1985 Fax: 7.22 139:2 9Gi9
c-c, l-- ~4~ -000~ &b l-~3 -'3'12-
5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:*
*This is the one address to which all agendas; letters and other materials will be mailed.
6.
What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
Contract 'pijr~naser/ Developer
7. Street addre~"()f location of site:
NE Corner of Old Boynton Road andConqress Ave
8. PropertyControl#(PCN} 08-43-45-20-01-000-0680 & 08-43-45-20-0Q-+000-0090
9. Legal description of site: ~t:>t:> ;:d..t-~t""ht:>n
10. Intended use(s) of site: ('nmmt:>ri t"" i ~ lRi:>t- ~ i. 1
11. Architect: Pieper O'Brien Herr Architects
12. Landscape Architect: Kimley-Horn & Associates
13. Site Planner: Kimley-Horn & Associates
14. Engineer: KimleY-Horn & Associates
15.
16.
Surveyor: WSP Consul tan ts. Inc.
Survevors & Mappers
Traffic Engineer:
Pinder Troutman
17. Has a site plan been previously approved by the City Commission for this property?
no
II. SITE PLAN
The following information must be filled out below and must appear, where applicable, on all copies of
the site plan.
1. Land Use Category shown in the Comprehensive Plan: T.Ot""~ 1 Rt:>t-;:d 1 ('nmmt:>Tt""i ~ 1
2. Zoning District: C-3
3. Area of Site 1 q q? 'At"" acres 867.644 s.f. sq. ft.
4. Land Use - Acreage Breakdown:
a. Residential, including N/'A acres % of site
surrounding lot area of grounds
b. Recreation Areas ... Nlll acres % of site
(excluding water area)
c. Water Area 0.41 Ac. acres 2.05% % of site
d. Commercial....:" acres % of site
e. Industrial N/A acres % of site
f. Publicll nstitutional N/A acres % of site
g. Public, Private and Canal rights-ot-way N/A acres % of site
h. Other (specify) N/A acres % of site
i. Other (specify) N/A acres % of
site
j. Total area of site 1 9 . 92 acres 1 00% % of site
*including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
Ground floor building 225 , 000
area ("building footprint")
acres
25.93%
% of site
b.
Water area
o . 41 Ac
acres
2.05%
% of site
c.
Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic
12.06 Ac acres 60.54% % ot
courts.
site
d.
Total impervious area
12.011 Ac
acres
110 1:)4%
% of site
e. Landscaped area 0 . 71 Ac acres 3 . 58% % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f.
Other landscaped areas,
1 .98
acres
9.94%
% of site
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas N I A acres % ot site
h. Total pervious areas ? h q A,... acres 1 1 5?~ % ot site
i.
Total area of site
24. 89
acres
100~
% of site
6. Floor Area
a. Residential N/A sq. ft.
b. Commercial/Office ??I:),OOO sq. ft.
c. I ndustriallWarehouse N/A sq. ft.
d. Recreational NIA sq. ft.
e. Publicll nstitutional N/A sq. ft.
f. Other (specify) N/A sq. ft.
g.
h.
Other (speci'.,. N / A
Total floor area 225,000
sq. ft.
sq. ft.
7. Number of Residential Dwellina Units N/A
a. Single-family detached sq. ft.
b. Duplex sq. ft.
c. Multi-Family (3 + attached dwelling units)
(1) Efficiency dwelling units
(2) 1 Bedroom dwelling units
(3) 2 Bedroom dwelling units
(4) 3+ Bedroom dwelling units
d. Total multi-family dwelling units
e. Total number of dwelling units
8.
Gross Density
dwelling units per acre N / A
9.
Maximum height of structures on site
i:) ? 11 feet
1
stories
10. ReQuired off-street parkina
a.
Calculation of required # of
off-street parking spaces.
Off-street parking spaces
provided on site plan
225,OOOsfX 5sp/1000sf=11~ 1013
=
=
b.
Calculation of required #
of handicap parking spaces
?~ nf tnti'll _ tn 1000 =Sp
Number of handicap
spaces provided on site plan
22
plus 1 for each 100,. over 1000sp = 22
REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL
TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT
BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY
COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT.
III. CERTIFICATION
(I) (We) understand that this application and all papers and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Division (I) (We) hereby certify that
the above statements and any statements or showings in any papers or plans submitted
herewith are true to the best of (my) (our) knowledge and belief. This application will not be
accepted unless signed according to the instructions below.
Signature of Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Date
OR
Signature of contract purchaser (if applicant)
Date
IV. AUTHORIZATION OF AGENT
By: SEJ\ffil,ER FA,'\IlLY PARTNERSHIP 1135, LTD., a FJonda limned palmershlp qualified to do business in the Slate of Georgia II 35, Lid. (L.P.)
By: Sembler RetaIl. Ine a FJorrda corporation Its sole general partner
~.....---) } ~i
A. , Jeffrey S. Fuqua, j)' ,/,/) ,
/. . /~ Its: Vice Presidenl/Assistant Secretary Date' .LL' (t-X L/ .-
By. ---- J!{;ie~~ ~desi~n~t~he above-signed person as (my) (our) authorized agent i~ reg~rd to
this, pllcation_
Signature of Owner(s) or Trustee,
_or Authorized Principal if property is owned
_by a corporation or other business entity.
Date
OR
By: SEJ\ffiLER FAMILY PARTNERSHIP' 1135, LTD., a Florida limited partnership qualified to do business in the State of Georgia 1/ 35, LId. (L.P.)
By: Sembler Retail,lne., a FJ~ corporation its sole general partner
/.. .
/ ", -
/ ',/,
Its: .
Jeffrey S. Fuqua,
Vice PresidentJ Assistant Secretary
Dale: ie /; ~ /e c/
. / I
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO
REVIEW THIS PROJECT.
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and
substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data
which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be
constructed in strict compliance with the form in which they are approved, and any change to the same shall
be deemed material and shall place the applicant in violation of this application and all approvals and permits
which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
claim, liability or any action which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this r7 tJ, day of
Wtn~lb~
, 2rIJ'I.
Witness
By:
By: SEMBLER FAMILY
PARTNERSHIP #35, LTD.
a Florida limited partnership qualified to
do business
in the State of Georgia as Sembler
Family Partnership
# 35, Ltd. (L.P.)
By: Sembler Retail, Inc., a Florida
corporation its sole ,
general partner i ./1
/1 V?
/
) frey S. Fuqua,
re ident/ Assistant Secretary
!
Its:
Date:
, , CONCURRENCY REQUIREl't.'ENTS
NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and
cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation,
park, and road facilities) would be available to serve the project, consistent with the levels of service which are
adopted in the City's Comprehensive Plan:
Building permit applications for the construction of improvements, which, in and by themselves, would
create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above, which would increase the demand
for any public facility.
Any other application, which, in and by itself, would establish the density or intensity of use of land, or
a maximum density or intensity of use of land.
Applications for development orders and permits submitted after February 1, 1990 and which
generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt from the Concurrency Management
Ordinance, pending final approval of this ordinance by the City Commission:
Applications for the development of property which was platted on or after January 13, 1978 and either
the final plat or the preliminary plat and Palm Beach County Health Department permit applications
were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the
general use which was intended for the property at the time of platting.
Applications for the development of property, which was platted prior to January 13, 1978, the area of
the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net
vehicle trips per day.
Applications for building permit, if a site plan or conditional use application was submitted prior to June
1, 1990 and subsequently approved and the site plan or conditional use has not expired.
Applications for the development of property within an approved Development of Regional Impact, and
which are consistent with the approved DR!.
Applications for approval of final plats, if the preliminary plat and application for Palm Beach county
Health Department permits for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or permits, which do not increase
the demand for any public facility.
Please be advised that the~exemption rules are tentative and willue subject to final approval by the City
Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260.
CHAPTER 4
SITE PLAN REVIEW
Section 7. Submission Requirements.
Each applicant shall submit to the Planning and Zoning Division the following plans and exhibits in the number
of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee
adopted by resolution by the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. Existina site characteristics map: A sealed survey, not older than six months, showing all adjacent
streets, alleys and driveways, and also illustrating:
1. Existing natural features, including but not limited to lakes, trees and other vegetation
and soils and topography.
2. Existing buildings, building elevations, other structures, including use, height,
dimensions and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corner, street and finished floor)
B. Site development plan:
1. A scaled drawing clearly illustrating proposed buildings and other structures, and any
existing buildings and structures, which are to be retained, including use, height,
dimensions and setbacks.
2. Proposed off-street parking spaces, driveways and sidewalks, including location,
dimensions and setbacks, traffic control markings and signage.
3. Proposed fences and walls, including location, dimensions, setbacks, height and
material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
C. Landscape plan:
1. A separate scaled drawing (at the same scale as the site development plan) prepared as
required by state law clearly illustrating proposed trees, shrubs, grass and
2. Proposed berms, watercourses and other topographic features.
3. A notation on method of irrigation.
Architectural plan:
1. A scaled drawing clearly illustrating proposed building floor plan and elevations,
including height, exterior dimensions, exterior color and materials.
2. A coIOt-,~ elevation drawing (not mounted) sh,- l"Jing all elevations of the building. (This
submittal can be waived by the Planning and Zoning Director when not applicable.)
E. Tabular Summary Containina:
1. Total gross project area by acreage and square footage and net buildable land area in
acres and square feet.
2. Total number of proposed residential units, including characteristics by number of
bedrooms and bathrooms and gross square footage of each typical unit.
3. Proposed nonresidential floor type of use and total gross square footage.
4. Square footage and percentage distribution of the total project site, including areas
proposed for landscaped open space, vehicular use areas, other paved areas, and
building coverage and total coverage.
5. Number and ratio of required and provided off-street parking spaces and number of
loading spaces.
6. Water bodies in acres and square feet.
7. Height of buildings.
F. Drainaae plan:
1.
2.
A separate scaled drawing (at the same scale as the site development plan) showing
elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc.
An engineer's certification in writing that drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land
Development Regulations.
Revised 10/26/01
AGREEMlliNTFORPURCHASEANDSALE
THIS AGREEMENT is entered into by lO....ATT ENTERPRISES, IN c., a Florida
corporation ("Enterprises"), and THE lO....A TT F AMll, Y LIMITED P ARTNERSIDP #1, a
Florida limited partnership ("Partnership") (collectively "Seller'), and COMJ>SON
ASSOCIATES, INC., a Florida corporation ("Buyer'').
BACKGROUND:
Partnership is the owner of Parcel A described on Exhibit "A" hereto (the "Partnership
Property") and Enterprises is the owner of Parcel B described on Exhibit "A" hereto (the
"Enterprises Property"). The Partnership Property and the Enterprises Property are sometimes
herein.after collectively described as the "Property." Seller has disclosed that a portion of the
Property has been conveyed to either Palm Beach County, Florida or the City of Boynton Beach,
Florida for roadway purposes and that the Property is subject to certain easements for utilities.
Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller
on the terms and conditions which are set forth herein. The effective date (UEffective Date') of this
Agreement shall be the tenth (I Olh) calendar day following the date of execution hereof by Seller,
provided Buyer shall have executed and delivered this Agreement strictly in accorrlance with the
requirements of Section 39, below, time being of the essence.
In consideration of the mutual covenants and agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto hereby covenant and agree as follows.
AGREEMENT:
1. Purchase and Sale.
Subject to all of the tenns and conditions of this Agreement, the Seller will sell to the Buyer
and the Buyer will purchase from the Seller the Property, together with all appurtenances, rights,
easements, rights of way, pennits, licenses and approvals incident or appurtenant thereto. Seller has
not matle any representations to Buyer with respect to the size or configuration of the Property and
i1 is Buyer's responsibility to satisfy itself in this regard during the Investigation Period referred to
in Section 3, below.
2. Purchase Price and Payment.
(a)
The purchase price to be paid by the Buyer to the Seller for the Property
- - - - - uPurchase
shall be
Price").
(b) Within five (5) business days after the Effective Date of this Agreement, the 11
Buyer shall deliver to Schroeder and Larche, P.A. ("Escrow Agent") the sum of -. /f
Page I of 22 I
J:\7\CUENTS\KLA Tl\s:llcl06=\AGREEMENT FrNAL COMPSON.OOC l
5~1~) , ~
THE KLATT FAMILY LIMlTED
PARTNERSHIP #1, a Florida limited
partnership
The entry into this Agreement is hereby
approved, authorized and consented to
by the undersigned voting trustees of the
Klatt, Inc. Voting Trust Agreement
d3;kL7;zE:
Bill R. Wincliester, oting Trustee
By: Klatt, Inc., a Florida corporation,
Its: General Partner .
By: & f /J I~ 1-1 ,
. BtIifwinchester ~
Its: President
Date: 5 - .';l ~ .~ :>
Elsie A. Winchester, Voting Trustee
BUYER:
The undersigned acknowledges and agrees to act as Escrow Agent in accordance with the
terms of this Agreement.
SCHROEDER AND LARCHE. P.A.
By:
Print Name:
Title:
Date:
Page 21 of 22
J:\7\CUENTS\Kl.ATI\sale I 06acres\AGREEMENT FINAL COMPSON.DOC
S-21"())
~d
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel A
All of Lake Bessie and lands adjacent thereto. lying North of Boynton West Road. west of the E4
Canal and east of Lots 68 to 76 included on the Plat in Plat Book 7. Page 20 (less a parcel 20 feet
times 46 feet being 16 feet west of and 30 feet east of the northerly extension of the center line of
Velaire Drive). Section 20, Township 45 South. Range 43 East, Palm Beach County. Florida.
Parcel B
Lots 68 through 76, inclusive, Lot 77. West of the E-4 Canal. Lot 78. Lots 79 and 80 (less the
South 20 feet of Boynton Road right-of-way), Lot 81 (less Boynton Road and Congress Avenue
road right-of-ways), Lots 82 through 93, inclusive (less the West 60 feet Congress Avenue right-
of-way) and abandoned 30 foot roads adjacent to said lots. all according to the Palm Beach-
Miami Land and Development Company's Plat thereof recorded in Plat Book 7. Page 20 thereof.
in the office of the Clerk of the Circuit Court, Palm Beach County. Florida.
Page 22 of 22
J:\7\CUENTS\KLA Tl\s.alel 06acres\AGREEMENT FINAL COMPSON.OOC
5-21..{j)
ASSIGNMENT OF
AGREEMENT FOR PURCHASE AND SALE
TillS ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE (this "Assignment") is made
and entered into this _ day of , 200_, by and between and Compson Associates, Inc., a Florida
corporation (hereinafter "Assignor"), and 1950 Congress Avenue, LLC, Florida limited liability company
(hereinafter "Assignee").
WITNESSETH
In consideration of the sum of TEN AND NOIIOO ($10.00) DOLLARS and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby assign to
Assignee all of its right, title and interest in and to that certain Agreement for Purchase and Sale by and between (a)
Assignor, and (b) Klatt Enterprises, Inc., a Florida corporation, and The KIatt Family Limited Partnership #1, a
Florida limited partnership, dated June 2, 2003 (as subsequently amended, the "Agreement"), involving that certain
tract or parcel of land located in the City of Boynton Beach, Palm Beach County, Florida, and being more
particularly described in the Agreement, including, without limitation, an assignment of Assignor's interest in the
Deposit (as defmed in the Agreement) and any other payments made under the Agreement.
ASSIGNEE does hereby accept this Assignment, and for it and its successors and assigns, does hereby
assume and agree to perform and discharge all of the Assignor's liabilities, obligations and duties under the
Agreement arising from and after the date of this Assignment.
IN WITNESS WHEREOF, the undersigned have caused this Assignment to be executed by their duly
authorized officers as of the day fIrst above written
ASSIGNOR:
COMPSON ASSOCIATES, INC., a Florida
corporation
By:
Name:
Title:
ASSIGNEE:
1950 CONGRESS AVENUE, LLC, a Florida
limited liability company
By:
Name:
Title:
679498-1 4709.0001000
City Codes Accessed Via Website
. www.bovnton-beach.ofll
www.amlellal.comlbovnton beach fl
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICA nON FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISnNG SITE PLAN
Has applicant attended a pre-appllcatlon meeting? Yp-~ Date F;pptpmhp-r 10, 2004
This application must be filled out completely, accurately and submitted as an original to the Planning and
Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted with the application for the initial process of
the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1.
Project Name :
Boynton Town Center !
2. Property Owner's (or Trustee's) Name: The Klatt Familv Limited
Partn~r~hjp #1 Qnn Kl~rr Rnrprpri~p~1 Tn~
Address:9290 Nickels Blvd. Boynton Beach, Fl
Phone:
33425
(Zip Code)
Fax:
3. Applicant's name (person or business entity in whose name this application is made):
Boynton Beaqh Place, LLC
-
Address: 141:)0 Snuth .Tnhn~on t~rrv Road, .Suit,e 100, nrlant="rll G1\. 30319
\L.IP l,;ode)
Phone: 404-847-1800 Fax: A. (:}'1_B 4 7 'L81 R
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant): Chris Ralph, P . E .
~/n Kimlpy-Hnrn And A~~n~iAtes
Address: 601 21 st street
Phone: 772-794-4088
Vero Beach FL 32960
(Zip Code) .
Fax: 772-562-9689
5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:*
*This is the one address to which all agendas; letters and other materials will be mailed.
6.
What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
Contract 'Pur.~baser/ Developer
7. street addreh-of location of site:
NE Corner of Old Bovnton Road and 'Conqress Ave
8. Property Control #(PCN) 08-43-45-20-01-000-0680 & 08-43-45-20-00.000-0090
9. Legal description ofsite: !::I::lll::ll ;:d-t ~rohl::lln
10. Intended use(s) of site: "nmml::llr; ro; ~ lRl::llt ~; 1
11. Architect: Pieper O'Brien Herr Architects
12. Landscape Architect: Kimley-Horn & Associates
13. Site Planner: Kimley-Horn & Associates
14. Engineer: KimleY-Horn & Associates
15. Surveyor: WSP Consultants..Inc.
Survevors & Mappers
16. Traffic Engineer:
Pinder Troutman
17. Has a site plan been previously approved by the City Commission for this property?
no
II. SITE PLAN
The following information must be filled out below and must appear, where applicable, on all copies of
the site plan.
1. Land Use Category shown in the Comprehensive Plan: T.oroa 1 ~"'h:d 1 f"'nmml::llrro;? 1
2. Zoning District: C-3
3. Area of Site 1 q q? "Ar- acres 867.644 s.f. sq. ft.
4. Land Use - Acreage Breakdown:
a. Residential, including N/"A acres % of site
surrOunding lot area of grounds
b. Recreation Areas * N/A acres % of site
(excluding water area)
c. Water Area 0.41 Ac. acres 2.05% % of site
d. Commercial..;;. acres ,J< % of site
e. Industrial N/A acres % of site
f. Publicll nstitutional N/A acres % of site
g. Public, Private and Canal rights-of-way N/A acres % of site
h. Other (specify) N/A acres % of site
i. Other (specify) N/A acres %of
site
j. Total area of site 1 9.92 acres 1 00% % of site
*including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
Ground floor building 225 , 000
area ("building footprint")
acres
25.93%
% of site
b.
Water area
0.41 Ac
acres
2.05%
% of site
c.
Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic
1 2 . 06 Ac acres 60 . 54% % of
courts.
site
d.
Total impervious area
12.0fi Ar.
acres
fiO 54~
% of site
e. Landscaped area 0 . 71 Ac acres 3 . 58% % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f.
Other landscaped areas,
1. 98
acres
9.94%
% of site
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas N I A acres % of site
h. Total pervious areas ? hq 'A.r acres 1 ~ ? ?Sk % of site
i.
Total area of site
24.89
acres
100Sk
% of site
6. Floor Area
~ N/A
a. Residential sq. ft.
b. Commercial/Office :ns,ooo sq. ft.
c. I ndustriallWarehouse N/'A. sq. ft.
d. Recreational N/A sq. ft.
e. Publicll nstitutional N/A sq. ft.
f. Other (specify) N/A sq. ft.
g.
h.
Other (speci., N / A
sq. ft.
Total floor area 225, 000
sq. ft.
7. Number of Residential Dwelling Units N/A
a. Single-family detached
b. Duplex
c. Multi-Family (3 + attached dwelling units)
(1) Efficiency
(2) 1 Bedroom
(3) 2 Bedroom
(4) 3+ Bedroom
d. Total multi-family
e. Total number of dwelling units
sq. ft.
sq. ft.
dwelling units
dwelling units
dwelling units
dwelling units
dwelling units
8.
Gross Density
dwelling units per acre N / A
9.
Maximum height of structures on site
!:) 7. 11 feet
1
stories
10. ReQuired off-street parking
a.
Calculation of required # of
off-street parking spaces.
Off-street parking spaces
provided on site plan
22S,OOOsfX Ssp/1000sf=11C5 1013
=
=
b.
Calculation of required #
of handicap parking spaces
7.~ of tot;:)' _ to 1000 =Sp
Number of handicap
spaces provided on site plan
22
plus 1 for each 100tover 1000sp = 22
REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL
TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT
BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY
COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT.
III. CERTIFICATION
(I) (We) understand that this application and all papers and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Division (I) (We) hereby certify that
the above statements and any statements or showings in any papers or plans submitted
herewith are true to the best of (my) (our) knowledge and belief. This application will not be
accepted unless signed according to the instructions below.
Signature of Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Date
OR
Signature of contract purchaser (if applicant)
Date
IV. AUTHORIZATION OF AGENT
By: SEJ\-mLER FAMlLY PARTNERSHIP 1135, LTD., a Florida limited pal1nershlp qualified 10 do business m the State of Georgia 1135, LId. (LP.)
By: Sembler Re~iJ. loe.. a Flollda corporation its sole general parmer
By:
Dale /O}:J Id/
( I
esignate the above-signed person as (my) (our) authorized agent in regard to
Its:
Jeffrey S. Fuqua,
Vice Presidenl!Assis~nt Secretary
Signature of Owner(s) or Trustee,
_or Authorized Principal if property is owned
_by a corporation or other business entity.
Date
OR
- - " -
By: SEJ\-mLER FAMlLY PARTNERSHIJ> 1135, LTD., a Florida limited partnership qualified to do business in the State of Georgia 1135, Ltd. (L.P.)
By: Sembler Retail ]oc.. Flori corporation its sole general parmer
By:
Its: '
Jeffrey S. Fuqua,
V ice President! Assistant Secretary
Date: /0 /;~/o c/
f I
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO
REVIEW THIS PROJECT.
. "
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and
substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data
which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be
constructed in strict compliance with the form in which they are approved, and any change to the same shall
be deemed material and shall place the applicant in violation of this application and all approvals and permits
which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
claim, liability or any action which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this n tJ, day of Of fdh.t,r
!:h..Ptb~ I~ P#L, -Iz,""ft1-;!o'/l
Witness Applicant/11-1c",- t
, 2r1/1.
Witness
By; SEMBLER FAMILY
PARTNERSHIP #35, LTD.
a Florida limited partnership qualified to
do business
in the State of Georgia as Sembler
Family Partnership
# 35, Ltd. (L.P.)
By; Sembler Retail, Inc., a Florida
corporation its sole
general partner
-
frey S. Fuqua,
identl Assistant Secretary
By:
Its:
Date:
CONCURRENCY REQUIRewtENTS
NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and
cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation,
park, and road facilities) would be available to serve the project, consistent with the levels of service which are
adopted in the City's Comprehensive Plan:
Building permit applications for the construction of improvements, which, in and by themselves, would
create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above, which would increase the demand
for any public facility.
Any other application, which, in and by itself, would establish the density or intensity of use of land, or
a maximum density or intensity of use of land.
Applications for development orders and permits submitted after February 1, 1990 and which
generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt from the Concurrency Management
Ordinance, pending final approval of this ordinance by the City Commission:
Applications for the development of property which was platted on or after January 13, 1978 and either
the final plat or the preliminary plat and Palm Beach County Health Department permit applications
were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the
general use which was intended for the property at the time of platting.
Applications for the development of property, which was platted prior to January 13, 1978, the area of
the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net
vehicle trips per day.
Applications for building permit, if a site plan or conditional use application was submitted prior to June
1,1990 and subsequently approved and the site plan or conditional use has not expired.
Applications for the development of property within an approved Development of Regional Impact, and
which are consistent with the approved DRI.
Applications for approval of final plats, if the preliminary plat and application for Palm Beach county
Health Department permits for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or permits, which do not increase
the demand for any public facility.
Please be advised that the~xemption rules are tentative and will ~ubject to final approval by the City
Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260.
CHAPTER 4
SITE PLAN REVIEW
Section 7. Submission Requirements.
Each applicant shall submit to the Planning and Zoning Division the following plans and exhibits in the number
of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee
adopted by resolution by the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. Existina site characteristics map: A sealed survey, not older than six months, showing all adjacent
streets, alleys and driveways, and also illustrating:
1. Existing natural features, including but not limited to lakes, trees and other vegetation
and soils and topography.
2. Existing buildings, building elevations, other structures, including use, height,
dimensions and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corner, street and finished floor)
B. Site development plan:
1. A scaled drawing clearly illustrating proposed buildings and other structures, and any
existing buildings and structures, which are to be retained, including use, height,
dimensions and setbacks.
2. Proposed off-street parking spaces, driveways and sidewalks, including location,
dimensions and setbacks, traffic control markings and signage.
3. Proposed fences and walls, including location, dimensions, setbacks, height and
material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
C. Landscape plan:
1. A separate scaled drawing (at the same scale as the site development plan) prepared as
required by state law clearly illustrating proposed trees, shrubs, grass and
2. Proposed berms, watercourses and other topographic features.
3. A notation on method of irrigation.
Architectural plan:
1. A scaled drawing clearly illustrating proposed building floor plan and elevations,
including height, exterior dimensions, exterior color and materials.
2. A cola."t:d elevation drawing (not mountecf) s~"ing all elevations of the building. (This
submittal can be waived by the Planning and Zoning Director when not applicable.)
E. Tabular Summary Containina:
1. Total gross project area by acreage and square footage and net buildable land area in
acres and square feet.
2. Total number of proposed residential units, including characteristics by number of
bedrooms and bathrooms and gross square footage of each typical unit.
3. Proposed nonresidential floor type of use and total gross square footage.
4. Square footage and percentage distribution of the total project site, including areas
proposed for landscaped open space, vehicular use areas, other paved areas, and
building coverage and total coverage.
5. Number and ratio of required and provided off-street parking spaces and number of
loading spaces.
6. Water bodies in acres and square feet.
7. Height of buildings.
F. Drainaae plan:
1.
2.
A separate scaled drawing (at the same scale as the site development plan) showing
elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. .
An engineer's certification in writing that drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land
Development Regulations.
Revised 10/26/01
"
~
AGREEMrnNTFORPURCHASEANDSALE
THIS AGREEMENT is entered into by KLA IT ENTERPRISES, INC.. a Florida
corporation ("Enterprises"), and THE KLATT F Al\fIL Y LIMITED P ARTNERSIDP #], a
Florida limited partnersrup ("Partnersrup") (collectively "Seller), and COl\fPSON
ASSOCIATES, INC., a Florida corporation ("Buyer')
BACKGROUND:
Partnership is the owner of Parcel A described on Exhibit "A" hereto (the "Partnership
Property") and Enterprises is the owner of Parcel B described on Exhibit "A" hereto (the
"Enterprises Property"). The Partnership Property and the Enterprises Property are sometimes
herein.after collectively described as the "Property." Seller has disclosed that a portion of the
Property bas been conveyed to either Palm Beacb County. Florida or the City of Boynton Beacb,
Florida for roadway purposes and that the Property is subject to certain easements for utilities.
Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller
on the terms and conditions which are set forth herein.. The effective date ("Effective Date") of this
Agreement shall be the tenth (lOlh) calendar day following the date of execution bereof by Seller,
provided Buyer shall have executed and delivered this Agreement strictly in accordance with the
requirements of Section 39, below, time being of the essence.
In consideration of the mutual covenants and agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are bereby acknowledged, the parties
hereto hereby covenant and agree as follows.
AGREEMENT:
1. Purchase and Sale.
Subject to all of the tenns and conditions of this Agreement, the Seller will sell to the Buyer
and the Buyer win purchase from the Seller the Property, together with all appurtenances, rights,
easements, rights of way, pennits. licenses and approvals incident or appurtenant thereto. Seller has
not matfe any representations to Buyer with respect to the size or configuration of the Property and
it is Buyer's responsibility to satisfy itself in this regard during the Investigation Period referred to
in Section 3. below.
2. Purchase Price and Payment.
(a)
The purchase price to be paid by the Buyer to the Seller for the Property
- - - - - uPurchase
shall be
Price").
(~) Within five (5) business days after the Effectiv~ Date of this Agreement,_th: /) /f
Buyer shaH deliver to Schroeder and Larche, P.A. ("Escrow Agent') the sum of .
Page I of 22 ;f
J:\7\CUENTS\KLA Tl\s31e106=\AGREEMENT FINAL COMPSON.OOC L
'~I~) . ~
,.
,
The entry into this Agreement is hereby
approved, authorized and consented to
by the undersigned voting trustees of the
Klatt, Inc. Voting Trust Agreement
da;;;;~
Bill R. Winch'ester. oting Trustee
THE KLA IT FAMILY LIMlTED
PARTNERSHIP #1, a Florida limited
partnership
By: Klatt, Inc.. a Florida corporation,
Its: General Partner .
By. & f/J/~ /~I ,
. B~inchester ~
Its: President
Elsie A. Winchester. Voting Trustee
Date: 5- ::l. ~ -~~
BUYER:
The undersigned acknowledges and agrees to act as Escrow Agent in accordance with the
terms of this Agreement.
SCHROEDER AND LARCHE. P.A.
By:
Print Name:
Title:
Date:
Page 21 of 22
J:\7\CUENTS\KlA Tl'sale I 06acres\AGREEMENT FINAL COMPSON.DOC
S-21~3
!;d
i'.
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel A
All of Lake Bessie and lands adjacent thereto, lying North of Boynton West Road, west of the E4
Canal and east of Lots 68 to 76 incJuded on the Plat in Plat Book 7, Page 20 (less a parcel 20 feet
times 46 feet being 16 feet west of and 30 feet east of the northerly extension of the center line of
Velaire Drive), Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida.
Parcel B
Lots 68 through 76, inclusive, Lot 77, West of the E-4 Canal, Lot 78, Lots 79 and 80 (less the
South 20 feet of Boynton Road right-of-way), Lot 81 (less Boynton Road and Congress Avenue
road right-of-ways), Lots 82 through 93, inclusive (less the West 60 feet Congress Avenue right-
of-way) and abandoned 30 foot roads adjacent to said lots, all according to the Palm Beach-
Miami Land and Development Company's Plat thereof recorded in Plat Book 7, Page 20 thereof,
in the office of the Clerk of the Circuit Court, Palm Beach County, Florida.
Page 22 of 22
J:\7\CUENTS\KLA Tl\sale I 06acra\AGREEMENT FINAL COMPSON.DOC
5-21~)
'.
ASSIGNMENT OF
AGREEMENT FOR PURCHASE AND SALE
TillS ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE (this "Assignment") is made
and entered into this _ day of , 200_, by and between and Compson Associates, Inc., a Florida
corporation (hereinafter "Assignor"), and 1950 Congress Avenue, LLC, Florida limited liability company
(hereinafter "Assignee").
WITNESSETH
In consideration of the sum of TEN AND NOIIOO ($10.00) DOLLARS and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby assign to
Assignee all of its right, title and interest in and to that certain Agreement for Purchase and Sale by and between (a)
Assignor, and (b) Klatt Enterprises, Inc., a Florida corporation, and The Klatt Family Limited Partnership #1, a
Florida limited partnership, dated June 2, 2003 (as subsequently amended, the "Agreement"), involving that certain
tract or parcel of land located in the City of Boynton Beach, Palm Beach County, Florida, and being more
particularly described in the Agreement, including, without limitation, an assignment of Assignor's interest in the
Deposit (as defmed in the Agreement) and any other payments made under the Agreement.
ASSI GNEE does hereby accept this Assignment, and for it and its successors and assigns, does hereby
assume and agree to perform and discharge all of the Assignor's liabilities, obligations and duties under the
Agreement arising from and after the date of this Assignment.
IN WITNESS WHEREOF, the undersigned have caused this Assignment to be executed by their duly
authorized officers as of the day fIrst above written
ASSIGNOR:
COMPSON ASSOCIATES, INC., a Florida
corporation
By:
Name:
Title:
ASSIGNEE:
1950 CONGRESS AVENUE, LLC, a Florida
limited liability company
By:
Name:
Title:
679498-1 4709.0001000
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
MINING/DEWATERING PERMIT APPLICATION (RC-1A, RC-1W, RC-1G)
For all DEWATERING Water Uses for Mining or Construction
General and Specific Authority, Chapter 373, State Statutes, 40E-2 and 40E-20 Florida Administrative Code and
Basis of Review, Vol JII, South Florida Water Management District.
A. GENERAL INFORMATION
1 . Name of Owner, Responsible Entity, etc.
Name: 1950 Congress Avenue, LLC c/o Jeffrey S. Fuqua Project Name: Boynton Town Center/Boynton Village
Address: 1450 South Johnson Ferry Road, Suite 100
City: Atlanta County: State: GA ZIP: 30319
Phone: (404) 847-1800 Cell Phone: Fax: (404) 847-1818 E-mail:
2. Proof of Ownership is required, in the form of a Deed, tax certificate, lease, or Articles of Incorporation
ATTACH Proof of Ownership to this Form
3. Name of Engineer, Contractor or Other.
Name: Russell Morrison, P.E. Firm: Kimley-Hom and Associates, Inc.
Address: 4431 Embarcadero Drive
City: West Palm Beach County: Palm Beach State: FL ZIP: 33407
Phone: 561-845-0665 Cell Phone: Fax: 561-863-6392
4. Is this a New Permit ~ RenewallModiflcatlon 0 Permit No.:
5. Will this Permit be a General Permit (short-term dewatering; Chapter 4OE-20.302 F.A.C) ~
or an Individual Permit 0
6. Has a Surface Water Management Permit or Environmental Resource Permit from the District been issued for this
Project? Permit No.: 50-06808-P
or has a Surface Water Management Permit or Environmental Resource Permit from the District been applied for?
Application No.:
7. What are the: Total number of days for the Project: 145.
Total Pumpage (gallons per day) for the Project: 108000 Maximum gpd pumpage 108000
8. To process this Application, a fee of $500 for a General and between $1,800.00 and $4,000.00 for an Individual
Permit is required (see Chapter 40E-1. 607, F.A C.).
A IT ACH Application fee to this Form
9. Please Identify any Staff member you have discussed this Application with: Stephanie Newell
So LOCATION OF THE PROPERTY
1. General Location of the Property/Project
County: Palm Beach City: Boynton Beach
Section 20 Township 45S Ranp; 43E (or Land Grant Name )
2. Please submit: Location Map, (8 /2 x 11 ),showing location of the project in relation to major roads.
A TT ACH Location Map to this Form
3. An aerial photograph of the entire project site is required.
ATTACH an aerial photograph
C. PROJECT DESCRIPTION (if more room is needed attach additional pages)
1. Describe the mining/dewatering operation:
Dewatering operation associated with the installation of underground utilities, stormwater piping and the construction
of on-site wet retention ponds.
2. Describe the method of excavation: Off road trucks and excavation equipment.
3. What Is the maximum elevation of excavation: -11.0 ft NGVD @ lift station
4. What Is the maximum elevation of dewatering: -11.50 ft NGVD @ lift station
5. Describe the areas that will be mlned/dewatered. Indicate If there are several sections/phases:
The areas to be dewatered include the proposed location of the water, sanitary sewer and stormwater piping and
three wet retention ponds as denoted on the Dewatering & Erosion Control Plan & Details Sheets C32 & C33.
6. Describe the method of dewatering (Pumps, wellpoJnts, etc.): Pump and wellpoints
ATTACH Table A (for wells) andfor Table B (for pumps) to this Form
7. Provide calculations to show how flow volumes were derived. What Is the Maximum day and Average day
pumpage, In gallons per minute, for each section/phase.
Form 0445 (08/03) PERMIT APPLICATION for DEWATERING Water Uses Page 1 0.3
ATTACH Calculations (on a separate sheet) to this Form ~1IJQt
D. DEWATERING WATER DISCHARGE (if more room is needed attach additional pages)
1. Describe and indicate for each section/phase, where dewatering water will be discharged or stored:
Dewatering water will be stored on-site in the wet retention ponds and using a perimeter recharge trench.
2. Will all dewatering water be retained on site? Yes The Applicant must demonstrate If it Is not feasible 10
retain water on-site and provide information as described in Section 2.5.2 (4) of the Basis of Review.
ATTACH, if needed, feasibility report and aI/ supporting information (Section 2.5.2 (4) B.O.R.
3. Describe any methods that will be utilized (settling tanks, berms, turbidity screens, recharge trenches,
ete.) In order to protect sensitive areas from dewatering diSCharge: Berms, turbidity barriers and recharge
trenches.
4. Identify all wetland or sensitive areas on or adJacentto the project or which may be Impacted by the
project: NIA - No wetlands or sensitive water bodies are on site or adjacent to the project.
5. Note: It may be necessary to provide modeling to provide reasonable assurances that there are no harm to
wetland areas due to the project's withdrawals or discharges.
E. POLLUTION AND CONTAMINATION
1. Describe and locate a/l sources of contamination or pollution
and the location of the nearest saline water. See attached ESA.
Note: It may be necessary to provide modeling to provide reasonable assurances that there are no
adverse impacts due to the proposed withdrawals or discharges.
F. SITE PLANS AND PHASE INVENTORY
1. Provide a Plan View: The Plan view should show the s11e in relation to adjacent roads/canals/open
water, property boundaries, sectionslphases to be dewatered, discharge areBs, wells, wellpoint
systems, pumps, areas of discharge, contamination areas, retention or settling tanks, ete. and all wetland or
sensitive areas as well as protective devices such as berms, turbidity screens, recharge trenches, etc. and the
location of any monitoring points or wells, etc.
2. Provide a Profile View: The Profile view should show cross-sections across the areas to be dewatered and
indicate the maximum depth of excavation, maximum depth of dewatering, water table elevation, land surface
elevation, berm elevation, recharge trenches and wetland areas.
3. If more than one phase of dewatering Is proposed, provide, in a spread sheet format. an Inventory of
Dewatering Phases. The Inventory should include the phase, start date, number of
days for dewatering, maximum day gpm, average day gpm and total pumpage for the phase.
ATTACH Plan View, Profile View and Phase Inventory (if needed) to this Form
G. ATTACHMENTS
1. Please make sure you have included the following attachments with your Application:
181 Proof of Ownership 181 Location Map
181 Plan View 181 Profile View
D Table A for wells 181 Table B for pumps
181 Pumpage Calculations 0 Phase Inventory (if necessary)
181 Application Fee (see Form XXXX) 181 Aerial Photograph
o Feasibfllty report and supporting information for off-site discharge (if needed)
F. CERTIFICATION
I hereby certify that, to the best of my knowledge, the total project acreage listed above is owned or controlled
by me and encompasses the project referenced in this permit application. In addition, I agree to provide entry
to the project site for South Florida Water Management Inspectors with proper identification or documents as
required by law for the purpose of making analyses of the site. Further, I agree to provide entry to the project
site for such Inspectors to monitor permitted work If a permit Is granted. If this application Is not complete
within 240 days, It may be denied pursuant to Rule 4OE-1.603, Flo Administrative Code
BY: SEMBLER FAMILY PARTNERSHIP #35, Ltd.,
a Florida limited partnership qualified to do business
in the state of Georgia as Sembler Family Partnership
#35 lid. (L.P.)
By:
By: Sembler Retail. Inc., A Rorida corporation its sole
general partner
Its:
Date
Vice PresidenUAssistant Secretarv
7/J?J/o.s
Form 0445 (08103)
PERMIT APPLICATION for DEWATERING Water Uses
Page 2 of 3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
MINING/DEWATERING PERMIT APPLICATION (RC-1A, RC-1W, RC-1G)
For all DEWATERING Water Uses for Mining or Construction
General and Specific Authority, Chapter 373, State Statutes, 40E-2 and 40E-20 Florida Administrative Code and
Basis of Review, Vol III, South Florida Water Management District.
A. GENERAL INFORMATION
1. Name of Owner, Responsible Entity, etc.
Name: 1950 Congress Avenue, LLC c/o Jeffrey S. Fuqua Project Name: Boynton Town Center/Boynton Village
Address: 1450 South Johnson Ferry Road, Suite 100
City: Atlanta County: State: GA ZIP: 30319
Phone: (404) 847-1800 Cell Phone: Fax: (404) 847-1818 E-mail:
2. Proof of Ownership is required, in the form of a Deed, tax certificate, lease, or Articles of Incorporation
ATTACH Proof of Ownership to this Form
3. Name of Engineer, Contractor or Other.
Name: Russell Morrison, P.E. FIrm: Kimley-Hom and Associates,lnc.
Address: 4431 Embarcadero Drive
City: West Palm Beach County: Palm Beach State: FL ZIP: 33407
Phone: 561-845-0665 Cell Phone: Fax: 561-863-6392
4. Is this a New PermIt ~ RenewaUModiflcatlon 0 Permit No.:
5. Will this Permit be a General PermIt (short-term dewatering; Chapter 40E-20.302 F.A.C) 181
or an Individual Permit 0
6. Has a Surface Water Management Permit or Environmental Resource Permit from the District been issued for this
Project? Permit No.: 50-0680B-P
or has a Surface Water Management Permit or Environmental Resource Permit from the District been applied for?
Application No.:
7. What are the: Total number of days for the Project: 145.
Total Pumpage (gallons per day) for the Project: 108000 Maximum gpd pumpage 108000
8. To process this Application, a fee of $500 for a General and between $1,800.00 and $4,000.00 for an Individual
Permit is required (see Chapter 40E-1.607, F.A.G.).
ATTACH Application fee to this Form
9. Please Identify any Staff member you have discussed this Application with: Stephanie Newell
B. LOCATION OF THE PROPERTY
1 . General Location of the Property/Project
County: Palm Beach City: Boynton Beach
Section 20 Township 45S Ran~ 43E (or Land Grant Name )
2. Please submit: Location Map, (8 /2 x 11 ),showing location of the project in relation to major roads.
A TT ACH Location Map to this Form
3. An aerial photograph of the entire project site is required.
ATTACH an aerial photograph
C. PROJECT DESCRIPT.ION (if more room is needed attach additional pages)
1. Describe the mining/dewatering operation:
Dewatering operation associated with the installation of underground utilities, stormwater piping and the construction
of on-site wet retention ponds.
2. Describe the method of excavation: Off road trucks and excavation equipment.
3. What Is the maximum elevation of excavation: -11.0 ft NGVD @ lift station
4. What is the maximum elevation of dewatering: -11.50 ft NGVD @ lift station
5. Describe the areas that will be mlnedldewatered. Indicate If there are several sections/phases:
The areas to be dewatered include the proposed location of the water, sanitary sewer and stormwater piping and
three wet retention ponds as denoted on the Dewatering & Erosion Control Plan & Details Sheets C32 & C33.
6. Describe the method of dewatering (Pumps, wellpolnts, etc.): Pump and weJlpoints
ATTACH Table A (for wells) and/or Table B (for pumps) to this Fonn
7. Provide calculations to show how flow volumes were derived. What Is the Maximum day and Average day
pumpage, In gallons per minute, for each section/phase.
Form 0445 (08103) PERMIT APPLICATION for DEWATERING Water Uses Page 1013
ATTACH Calculations (on a separate sheet) to this Form ~1l5Ql
D. DEWATERING WATER DISCHARGE (if more room is needed attach additional pages)
1. Describe and indicate for each section/phase, where dewatering water will be discharged or stored:
Dewatering water will be stored on-site in the wet retention ponds and using a perimeter recharge trench.
2. Will all dewatering water be retained on site? Yes The Applicant must demonstrate If it Is not feasible to
retain water on-site and provide information as described in Section 2.5.2 (4) of the Basis of Review.
ATTACH, if needed, feasibility report and all supporting information (Section 2.5.2 (4) B.O.R.
3. Describe any methods that will be utilized (settling tanks, berms, turbidity screens, recharge trenches,
ete.) In order to protect sensitive areas from dewatering discharge: Berms, turbidity barriers and recharge
trenches.
4. Identify all wetland or sensitive areas on or adjacent to the project or which may be Impacted by the
project: N/A - No wetlands or sensitive water bodies are on site or adjacent to the project.
5. Note: It may be necessary to provide modeling to provide reasonable assurances that there are no harm to
wetland areas due to the project's withdrawals or discharges.
E. POLLUTION AND CONTAMINATION
1. Describe and locate all sources of contamination or pollution
and the location of the nearest saline water. See attached ESA.
Note: It may be necessary to provide modeling to provide reasonable assurances that there are no
adverse impacts due to the proposed withdrawals or discharges.
F. SITE PLANS AND PHASE INVENTORY
1. Provide a Plan View: The Plan view should show the slle in relation to adjacent roads/canals/open
water, property boundaries, sections/phases to be dewatered, discharge areas, wells, well point
systems, pumps, areas of discharge, contamination areas, retention or settling tanks, ete. and all wetland or
sensitive areas as well as protective devices such as berms, turbidity screens, recharge trenches, etc. and the
location of any monitoring points or wells, etc.
2. Provide a Profile View: The Prome view should show cross-sections across the areas to be dewatered and
indicate the maximum depth of excavation, maximum depth of dewatering, water table elevation, land surface
elevation, berm elevation, recharge trenches and wetland areas.
3. If more than one phase of dewatering Is proposed, provide, In a spread sheet format, an Inventory of
Dewatering Phases. The Inventory should include the phase, start date, number of
days for dewatering, maximum day gpm, average day gpm and total pumpage for the phase.
ATTACH Plan View, Profile View and Phase Inventory (if needed) to this Form
G. ATTACHMENTS
1. Please make sure you have included the following attachments with your Application:
181 Proof of Ownership 181 Location Map
181 Plan View 181 Profile View
D Table A for wells 181 Table B for pumps
1:81 Pumpage Calculations 0 Phase Inventory (If necessary)
181 Application Fee (see Form XXXX) 181 Aerial Photograph
o Feaslblllty report and supportIng Information for off-site discharge (If needed)
F. CERTIFICATION
I hereby certify that, to the best of my knowledge, the total project acreage lIsted above Is owned or controlled
by me and encompasses the project referenced In this permit application. In addition, I agree to provide entry
to the project site for South Florida Water Management Inspectors with proper Identification or documents as
required by law for the purpose of making analyses of the site. Further, I agree to provide entry to the project
site for such Inspectors to monitor permitted work If a permit Is granted. If this application Is not complete
within 240 days, " may be denied pursuant to Rule 4OE-1.603, Flo Administrative Code
BY: SEMBLER FAMILY PARTNERSHIP #35, Ltd.,
a Florida limited partnership qualified to do business
in the state of Georgia as Sembler Family Partnership
#35 Ltd. (L.P.)
By:
By: Sembler Retail, Inc., A Aorida corporation its sole
general partner
Its:
Date
Vice President/Assistant Secretarv
7/1%s
Fonn 0445 (08103)
PERMIT APPLICATION for DEWATERING Water Uses
Page 2 of 3
8
sou:rs FLOJcrDA WATER. ~ DISTR.I:CT
ENVIRONNBN'rAL USOORCB PEBMI'l' MO. 50-06808-1>>
DATE ISSUED: JUNE 8, 2005
.........1j1
....-
PERMrrreE: 1950 cONGRESS AVENUE w:
(BOYNTON TOWN CENTER AND BOYNTON VILlAGE)
1450 S. JOHNSON FERRY ROAD,SUITE 100
ATl>>ITA I GA 30319
PROJECT DESCRIPTION: CONCEPTUAl APPROVN.. OF A SURFACE WATER MANAGEMENT SYSTal TO SERVE A 110.48 ACRE MIXED lAND USE
oevaoPMEN'T KNOWN ~ BOYIlfON BI:ACH TOWN CENTER AND BOYNTON vtLJ.AGE, ~ CONSTRUCTION AND
OPERATION OF PHASE 1 (59.1 ACRES) WHICH INCll.l)ES THE MASTER SURFACE WATER MANAGEMENT SYSTEM AND
pROPOSED COMMERCIAl DEVElOPMENTS.
PAlM BEACH COUNTY , SECTION 20 TWP 45S RGE 43E
See special Condition No: 1. See allached Rule 4OE-4.321, Aorida AdminIstratiW Code.
PROJECT LOCATION;
PERMIT DURATION:
'This Permit iG ill8ued punuant to Applica:tion No. 041115-18, date. October :ZS, 2004. p~rtnittee qrlleS to hold and save the
South P10rida Water MlIl1qtmeDt Dbtrict and ii:8 .UOC~Slorll hannIeu from U1Y and all ciamIIga, claima or llabilltica which mayariac
by reason of the construction. opcrWWn. maintenance or UK af activities &I.ltborUed by this Permit. Thill Permit ill ilIl1ued under the
provllriona of Cbapter 373 ,Part IV Florida Statuto:S [F.S.), and the Operating Agreement Concerning hgulaIion Under Put lV,
Chapte1' 373 P'.s., between SOuth Florida Water Ma.n~t District and the D~pe.rtmrnt of Environmental Protection. ilIl1\1anoe
of this Permit ClOn,uma. certification of compliance .aritb state water quality standard. where "ec:oraaary pursuant to Scdlon '"'01.
Public Law 92-500. 33 use SeetiDn 1341 . un1eu thi5 Permit is iuuecl purlIu~t 19 the net improvement proviaicn\* of Subsecrion.
373.414I1lfbl. F.9., or as otheIwiae atlrted herein.
This Permit may be transferred pursuant to the appropriate provisions of ChapteJ' 373, F.S, and Sections "tOE-1.6107(1) and (2). and
i0E-4.351(1I, (:Zl, and (41. Florida Mministrllti'A:: Code (FAe.). Thia Permit INlY be revobd, SUlIpended, or modiIled at any tiI1'1~
pursuant to th~ appropriate proviaicn. of Chapb<r 373, F.S. and ~tions 'tOE-4.3Sl(1), [2). alld (4). F.A.C.
This permit &hall be subject to the: Oe.ncr-.I Conditions aet farth in Rule 4WE-4.3S1, F.A.C.. unlC51 waived or mlXlilied by the
Governing Boanl. The Application, and the Environ1nental Resoutee Pc:nr:Ut Staff Review SUmmIlJ)' of the Application, including
slI. conditiona, end all plans and spcci!icationD inClO1"pO%'&ted by reference, a.re a pan of t\'ria ~t. All actMtiea IIl1tborbied by
this Pumit ahall be implcnented as set forth in the plans, epcciJicationa, and performance criteria u set forth and incorporated
in the Environmental RNOu.rc:e PmDJ.t Staff Review SummIiry. W'rthin 30 ci&yB ~ compl.non of constructlon Dr the pc:rmitt~
activity, the Pemdttee aha11submit a written lItatllment 0[ compldiDI'l ~d cert:i1iaLtion by. rqiatered profesaiotlal ~ or other
appropriate in~, pursuant to th. appropriate provisions of Chapter 373, F.S. and Sections 4OE-4.3lS1 and 40&-4.381, F.A.C.
In the event the property ill ao1d or otherwise C01'1veyed, the Pcnnl.ttee will remaiIlllablefDrcomplianc:ewithuuaPermittU1tiltranlf.ar
ill approved by the DIatrict purllWlnt to Rule 4OE-1.610'1, P'.A.C.
SPECIAL. AND GENERAL CONDITIONS ARE AS FOLLOWS:
SEE PAGES Z . 3 OF 6 (16 SPECW. CONDITIONS).
SEE PAGES 4 . 6 OF 6 119 GENERAL COKlITIONS).
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT. BY ITS GOVERNING BOARD
On ORIGINAL SIGNED BY;
By El.IZA8!TH VEGUlUA
DEP\JlY CLERK
PAGE 1 Of 6
60V~0'd 9689C8919S1
awM~
lc:ll 900C-~c-Nnf
PERMIT NO: 50-06BOB-P
PAGE 2 OF 6
SPECIAL CONDITIONS
1. The conceptual phase of thi~ permit shall expir~ on June B, 2007.
The construction phase of this permit shall expire on June 8, 2010.
2. Operation of the surface water mana~ement SY5t~ shall be the responsibility of th€
MASTER ASSOCIATION (Master system). Within one year of permit issu.nce or
concurrent with th~ engineering certification at construction completion, whichever
com~s first, the permittee shall submit a copy of the recorded deed restriction~ (or
declaration of condominium, if applicable), a copy of the filed articles of
incorporation, and a copy of the certificate of incorporation for the association.
3. Discharge Facilities:
1-1.08' W X 1.08' H TRIANGOLAR ORIFICE with invert at elev. 8.5' NGVD.
Receivin9 body : LWDO E-4 Canal
Control elav : 8.5 feet NGVD. /8.5 FEET NGVD DRY SEASON.
4. The pe.:r:mittl!:e shall be re~pon.!!ible for the correction of any erosion, Shoaling or
water quality problems that result from the construction or operation of th& $urface
water management system.
5. Measu:re!! shall bl! taken during construction to insure that sedimentation and/or
turbidity viol~tions do not occur in the receiving water.
6. The District reserves the right to require that additional ...ater quality treatment
methods be incorporated into the drainaqe system if such measures are shown to be
necessary.
7.
Lak<< side slopes shall be no steeper
two feet below the control elevation.
2 feet below to 1 foot above control
shown on the plans.
8. Facilities other than thos~ $tated herein $hall not be constructed without an
approved modification of this peLmit.
than 4:1 (horizontal:vertical) to a depth of
Side slopes shall be nurtured or planted from
elevation to insurQ vegetative 9ro~h, unl~ss
9. A stable, permanent and accessible elevation reference ~hall be establi,shed on or
within one hundred (100) feet of all permitted di~charge' structurlJs no later than
the submi~sion of the certification report. ThlJ loc~tion ot the elevation reference
mU8t be noted on or with the certific~tion report_
10. The permittee shall provide routine maintenance of all of the component:s of the
surface water managQIllent system in order to remove ~ll trapped sediments/debris.
All materials shall be properlY disposed of as required by law. Failur~ to properly
maintain the system may result in advl!:rse flooding conditions.
11. This permit is issued based on the applicant's submitted information which
reasonably dem.onstrat.s that adve:l:"e water resource related impacts will not bOil
caused by the completed permit activity. Should any adverse imp~cts caused by the
coIltPleted surface water managGlMl!nt system occur, the District will require the
permittee to provide appropriate mitigation to the District or other impacted party.
The District will require the permittee to modify the surtaclil wat@r manaqernent
system, if necessary, to eliminate the cause or the adverse impacts.
12. Minimum building floor elevation! 14.25 feet NGVD.
13. Minimum road crown elevation: 11.60 feet NGVD.
14. Prior to any f~ture construction, the permittee shall apply for and receive a permit
modification. As part of the permit application, the applicant for that phase shall
provide documentation verifying that the proposed construction is consistent with
the desiqn of the master surfaee water m.nagement system, includinq the land use and
60/VIa'd 968'3a39t%t
(].lM~
tc : n sooc-a-mr
PERMIT NO: 50-06BOB-P
PAGE 3
OF 6
site Qradinq .ssumptions.
15. No construction is authorized until ~uch tim~ a~ the permittee acquires title to all
the land within the proposed construction project.
16. Prior to the cOJl\ltlenCli!ment of construction and pursuant to Subsection 40E-4 .101 (2).
F.A.C., tha parmittee shall demonstrate owner$hip of thQ projact ~~6a to the
District's Environmental Resource Compliance staff.
60/S0. d 9689C89t9St
<IWM~
GG: t t SOOC-LZ-NIlf
PERM1'l' NO: 50-06BOB-P
PAGE 4 OF 6
C3NBRAL CONDITIONS
1. All activities authorized by this permit shall be implemented .$ set forth in the
plans, specifications and perforlllsnce criteria as approved by this prrmit. Any
deviation from the permitted activity and the conditions for undertaking that
activity ~hall constitute a violation of this permit and Part IV, Chapter 373. t.S.
2. This permit or a copy thlilrC!of, complgtl! with all conditions, attachment~, exhibits,
and modifications shall be kept at the 'roIork site of the pG!rmitted activity. The
complete permit shall be available ;for review at the ,",ark site upon request by
District staff. The permittee shall require the contractor to review the cOll1plete
permit prior to co~~encement of the activity authorized by this permit.
3. Acti vities approved by this permit shall be conducted in a manner which does not
cause viol~tions of State water quality standards. The permittee shall iroplament best
management practice$ for erosion and ~o1lution control to prevent violation of State
water quality standards. Temporary erosion control shall be implemented prior to and
during construction, and permanent control measures sh.ll be completed within 7 days
of any con~truction activity. Turbidity barriers shall be installed and maintained
at all locations where tha possibility of transferring suspended solids into the
receiving waterbody exists due to the permittlild work. Turbidity barriers shall
remain in place at all locations until construction is completed and .soils are
stabili~ed and veqetation has been established. All practices shall be in accordance
with the quidelines and specifications described in Chapter 6 of the Florida Land
Development Manual; A Guide to Sound Land and Water Management (Department ot
Environmental Rwgulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C.
unlen a project-specific erosion and sediment control plan is approved as part of
the permit. Thereafter the permittee shall be responsiblli for the reIlloval of the
barrier:s. The permittee shall. correct any erosion or shoaling that causes adverslil
impacts to the water resources.
4. The permitte. shall notify the District of the anticipated construction start date
within 30 days of the date that this pRrmit is iS$ued_ At least 48 hours prior to
commencement of activity authorized by this permit, the permittee shall submit to tne
District an Environmental Resource Permit Construction Commencement Notice Form
Number 0960 indicating the actual start date and the expected construction completion
date.
5. When the duration of construction will exceed one year, the permittee sh.ll submit
construction status reports to the District on an annual basis utili%inq an annual
status report form. Status report forms shall be submitted the followinq June of
each year.
6. Within 30 days: aft.er completion of construction of the permitted activity, thliil
peI1llitelt shall submit a written !!ltatement of COlllpletion and certification by a
professional engineer or othe~ individual authorized by law, utilizing the supplied
Environmental R~source/Surface Water Management Permit Con$truction
Completion/certi:t:ic:ation Form Number 08BlA, or EnvironIllent;al Resource/Surface Watc:z:-
Management P~rmit Construotion Complation Certification - For Project~ Permitted
prior to October 3, 1995 Form No. OB81B, incorporated by ref~rence in Rule 40E-l.659,
F.A.C. ThQ state:ment of conipletion and cQrtification shall be based on onsite
observation of construction or review of as-built drawings for the purpose of
determininq if the work was completed in compliance with peI1llitted plans and
specifications. This submittal shall s&rve to notify the District that the syst~ is
ready for inspection . Additionally, if deviation from the approved drawings are
discovered durinq the certification process, the certification must be accQttlpanied by
a copy of the approved permit drawinqs with deviations noted. Soth the oriqinal and
revised specifications must be clearly shown. Th. plans must be clearly labeled as
"as-built" or "record" drawings. All surveyed dimensions and elevations shall be
certified by a registered surveyor.
7. The operation phase of this permit shall not become effective: until the pli!rmittee
has complied with the requirements of condition (6) above, and submitted a requeBt
60/90. d 9689G89l9Sl
ClWM=lS
CZ : H SOOG-lZ-Nlf
PERMIT NO: 5o-06BOa-p
PAGE 5 OF 6
tor conversion of Environmental Resource Permit from Construction Phase to Operation
Phase, Form No. 0920; the Di~trict determine~ the ~y~tem to be in compliance with the
permitted plans and specifications; and the entity approued by the District in
accordance with sections 9.0 and 10.0 of the Ba~is of Review for Environmental
Resource Permit Applications within the South Florida Water Management District,
accepts responsibility for operation and maintenance of the system. The permit shall
not be tr4nsferrad to such approved operation and rn"intenance entity until the
operation phase of the permit become3 effective. Following inspection and approval
or the permitted system by the District, the permittee sh.ll initiate transfer or the
p~rmit to the approved responsible operating entity ir different fram the permittee.
Until the permit is transferred pursuant to Section 40E-l.6107, F.A.C., the permittee
shall be liable fer compliance with the terms of the p~rmit.
8. Each phase or independent portion of the permitt~d systlim must ~ completed in
accordance ~ith the permitted plans and permit conditions prior to the initiation of
the permitted U.5e of site infrastructure located within the area served by that
portion or phase of the system. Each phase or independent portion of the system must
be completed in accordance with the permitted plans and permit conditions prior to
transfer of responsibility for operation and maintenance of the phase or portion of
the system to a local government or other responsible entity.
9. For those systems that will be operated or maintained by an entity that will require
an ea.ement or deed restriction in order to enable that entity to operate or maintain
the system in conformance with this permit, such easement or deed restriction must be
rtcorded in the public t'li!cords and submitt~d to thli! District alonq with any other
final operation and maintenance document:ll required by Sections 9.0 and 10.0 of the
Basis of Review for Environmental Re!$ource Permit application:! within the South
Florida Water M.n~gement. District, prior to lot or units sales or prior to the
C:::01'npletion or the system, whichever comeS first. Other document3 concerning the
establishment and authority of the operating entity must be filed with the Secretary
of state, county or municipal entities. Final operation and maintenance documents
must be received by the District when maintenance and operation or the system is
accepted by the local government entity. Failure to submit the appropriate tinal
documents will result in the permittee remaininq liable for carrying out maintenance
and operation of the permitted system and _ny other permit conditions.
10. Should ;jlny other regulatory agency require changes to the p~rmitt~d system, tl'le
permittee shall notify the District in writing of the chanQes prior to implementation
50 that a determination can be made whether a permit moditication is required.
11. This permit does not el1minate the necessity to obtain any required federal, state,
local and special district authorizations prior to the :lItart of any activity approved
by this permit, This pemi t does not convey to the perroi ttlre er create in the
permittee any prope~ty right, or any interest in real property, nor does it .uthorize
any entrance upon or activities on property which is not owned or controlled by the
permittee, or convey any right.!! Or privileqes other than those specified in the
permit and Chapter 40E-4 or Chapter 40E-40, F.A.C..
12. The permi tt9ca is hereby advised th.t Slilction 253.77, F. S _ statt~3 that a person may
not commence any excavation, construction, or other activity involving the use of
sovereign or other lands of the. State, the title to whieh is vested in the Board of
Trustees of the Internal Improvement Trust Fund Yithout obtaining the rgquired lease,
license, easement, or other form of consent authorizinq the proposed use. Therefore,
the permittee is responsible fer obtaining any necessary authorizations from the
Board of Trustee~ prior to commencing aetivity on sovereignty lands or other stat@-
owned lands.
13. The permittee must obtain a Water 059 permit prior to construction dewaterinQ, unless
the work qualifies for a qeneral permit pursuant to Subsection 40E-20.302(3), F.A.C.,
also known as the "No Notice" Rule.
14. The permittee shall hold and saV8 the District harmless from any and all dam.ges,
elaims, or liabilitie:s which may arise by reason of the construction, ~llteration,
operation, maintenance, removal, abandonment or use of any system author1~cd by the
6l1l/1.0'd 96l39G8'3 I9S I
(]I..I'8S
CZ: II SOOC:-lZ-Nlf
PERMIT NO: SO-06S08-P
PAGE 6 OF 6
permit.
15. Any delineation of the extent of a wetland or other surface water submitted as part
of the permit application, includinq plans or other supportinq documentation, shall
not be considered bindinQ, unless . specific condition ot this permit or ;l formal
d.termination under Section 373.421(2}, F.S., provides otherwise.
16. Th~ permittee shall notify the District in writinq within 3D days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the
real property on which the permitted system is located. All transfers of ownerShip
or transfers of a permit are subject to the requirements of Rules 40€-1.6105 and 4DE-
1. 6107, F .A, C. . The p.nnittee transferring the perIni t. shall remain liable for
corrective actions that may be required as a result of any violations prior to the
sale, conveyance or other transfer of the system.
17. Upon reasonable notice to the pe:rmittee, District authorized "taft with pt'oper
identification shall have permission to enter, inspect, sample and test the system to
insure conformity with th~ plans and specifications approved by the permit.
18. If historical or archaeological artifacts a're discovered at any time on the project
site, the pennittee shall immediately notify the appropriate District service center,
19. The permittee shall inlmediately notify the District in writing of any previously
submitted into~tion that is later discovered to be inaccurate.
60/80'd 958ge8919S1
a~
~c : II S00l-l.C-Nfll'
60 . d ltllD1
ENVIRONMENTAL RESOURCE PERMIT
CHAPTER 40E-4 (10/95)
4OE-4.J21
Duration of Permits
(1) Unless revoked or otherwise modified the duration of an environmental resource permit
issued under this chapter or Chapter 40E-40, F.A.C. Is as follows:
(a) For 8 conceptual approval, two years from the date of issuance or the date specified as a
condition of the permit, unless within that period an application for an Individual or standard general
permit is filed for any portion of the proJrtet. If an application for an environmental resource permit is filed,
then the conceptual approval remains valid unttl final action is taken on the environmental resource permit
application. If the application is granted, then the conceptual approval is valid for an additional two years
from the date of issuance of the permit. Conceptual approvals which have no Individual or standard
general environmental resource permit appHcations filed for a period of two years shall expire
automatically at the end of the two year period.
(b) For a conceptual approval filed CClncurrently with a development of regional impact (DR!)
appliCation fer development approval (ADA) and, local gcvernment comprehensive plan amendment, the
duration of the conceptual approval shall be two years from whichever one of the fonowlng occurs at the
latest date:
1. the effective date of the loesl governmenfs comprehensive plan amendment
2. the effective date of the local government development order.
3. the date on which the District issues the conceptual approval. or
4. the latest date of the resolution of any Chapter 120.57, FAC., administrative proceeding
or other legal appeals.
(el For an individual or standard 9tnenll environmental resource permit, five years from the
date of issuance or such amount of time as made a condition of the permit.
(d) For a noticed general permit issued pursuant to chapter 40-E-400, FAC., five yeal'i from
the date the l'\Ot~ of Intent to use the permit Is provided to the Di&trict
(2)(a) Unless prescribed by special permit condition. permits expire automatically according 10
the timeframes indicated in thi& rule. If application for extension Is made in writing pursuant to subsection
(3), the permit shall remain in full force and effect until:
1. the Governing Board takes action on an application for elCtenslon of an individual permit.
or
2. staff takes action on an application for extension of a standard general permit
(b) Installation of the project outfBU structure shall not constitute a vesting of the permit
(3) The permit extension shall be i&sued provided that a permittee files a written request with
the District showing gcod cause prior to the expiration of the permit For the purpose of this rule. good
cause shill meiln iI set of extenuating clrcumstances outside of the control of the permittee. Requests for
extensions, which shan include documentation of the extenuating circumstances and how they have
delayed this project, will not be i1Ccepted more than , sO days prior to the expiration date.
(4) Substantial modifications to Conceptual Approvals will extend the duration of the
Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this
section. the term .substantial modification" shell mean a modification Which is reasonably expected to
lead to substantially different water resource or envlronmentIIJ Impacts which require a detailed review.
(5) Substantial modifications to individual or standard general environmental resource
permits issued pursuant to a permit application e~nd the du~on of the permit for three years from the
date of issuance of the modification. IndiVIdual Dr standard general environmental resource permit
modifications do not extend the duration of. conceptual approval.
(5) Permit modifaeatlonslssued pursuant to subsection 40E-4.331 (2}(b), F.A.C. (tetter
modlflc:ations) do not el(tend the duration of . permit
(7) Failure to complete construction or alteration of the surface water management system
and obtai" operation phase approval from the DiStrict within the permit duration shall require a new permit
authorization in order to continue construction unleis a permit extension is granted.
spec:ifIc authority 313.044. :173.113 F.S. L.avt Implemented 373.<413, 373.4115,373.4111.373.428 F.S. HIstory-New 9-H1.
ArnItl1ded 1..31-82. 12-1-82, F~ 1GK-4.07(4), Amended 7-1-86, 4/2C11V4, A1MnCled 7-1a. 4120194, '0..3-95
60/60' d 9689G89t9St
cn.I'I=IS
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July 2005
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Boynton Town Center
Palm Beach County, Florida
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Lake Management Plan
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Prepared for:
Boynton Beach Place, LLC
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Prepared by:
Kimley-Horn and Associates, Inc.
601 21 st Street, Suite 300
Vera Beach, Florida 32960
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~-1nI Kimley-Ho~n
,-[--~ and Associates, Inc.
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@Kim1ey-Hom and Associates, Inc., 2005
047148007.1102
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TABLE OF CONTENTS
1.0 In trod u cti on........................................................................................................... 1
2.0 Site Descri p ti on...................................................................................................... 1
3.0 Littoral Zone Construction .................................................................................. 1
3.1 Delineation and Surveying Specifications ...................................................... 1
3.2 Prohibited Activities in Littoral and Upland Transitional Zones .................... 1
4.0 Maintenance and Management............................................................................. 2
4.1 Exotic and Nuisance................................................................... ..................... 2
4.2 Short Term Maintenance.. ......................... .................................... ......... .........2
4.3 Long Term Maintenance .................................................................................2
4.4 Monitoring Program........................................................................................ 3
4.5 Inspections....................................................................................................... 3
5.0 Responsibility and Enforcement ............ .............................................. ................ 4
5.1 Enforcement.................................................................................................... 4
5.2 Responsibilities............................................................................................... 4
6. 0 References .................... .................... ........................ ... ........................................... 4
1.0 Introduction
The following Lake Management Plan has been provided by the Owner/Developer of the
Boynton Town Center I-C3 project. The Lake Management Plan shall be used to govern
activities or concerns related to the off-site stormwater lake and two on-site stormwater
ponds noted in the attached Littoral Landscape Plan for the Boynton Town Center, City
of Boynton Beach, Florida. The Plan conforms to the City of Boynton Beach Land
Development Regulations regarding the protection and incorporation of native plant
ecosystems into development lake tracts. The lake and ponds and their management shall
be the responsibility of the master property owners association in perpetuity.
2.0 Site Description
The lake and ponds referenced in this Lake Management Plan are located within Phase I
SMU-Lake Parcel - Retention Pond 1 (8.38 acres) and Phase I-C3 [Retention Pond 2
(0.52 acres), Retention Pond 3 (OAl acres)]. The applicant proposes to plant aquatic and
transitional wetland species on the littoral shelves and lake maintenance easements of the
lake and ponds per the City of Boynton Beach Code of Ordinances, Part III Land
Development Regulations, Chapter 7.5 Environmental Regulation, Article II Landscape
Code, Section 5.R (Upland Buffer/Littoral Plantings).
3.0 Littoral Zone Construction
3.1 Delineation and Surveying Specifications
The lake and ponds shall be staked and field surveyed based on the approved Final Site
Plan so as to maintain compliance with required area calculations. Creation of littoral
shelves shall be completed around the constructed lake retention ponds as shown in the
attached Littoral Landscape Plan. These littoral and transition zones shall be developed to
create a variety of niches and ecotones and shall be vegetated with suitable native plant
species. Littoral zone planting elevations are referenced to control water elevation of 8.5
NGVD and include areas down to 2.0 feet below control elevation. Upland transitional
plantings extend upland from 8.5 NGVD to approximately 10.5 NGVD. The littoral zone
shall be provided with a minimum of six (6) inches of organic topsoil to promote
vegetative growth if soil conditions are determined to be unsuitable for littoral plant
establishment. The littoral zone shall be planted with appropriate native wetland
vegetation, spaced as shown on the Littoral Landscape Plan.
3.2 Prohibited Activities in Littoral and Upland Transitional Zones
No construction or alteration shall be permitted within the lake and pond areas as
reflected on the Littoral Landscape Plan, except as necessary in connection with proposed
lake and pond restoration/enhancements or maintenance functions required for
stormwater facilities. Prohibited activities within the littoral and upland transitional zones
of the lake and pond areas include:
Page I
. Construction or storage of building materials, soil, debris, trash or hazardous
materials
. Mowing or the placement of sod
. Removal of native trees, shrubs or other valuable vegetation
. Excavation, dredging, soil removal or activities, which create erosion
. Parking or operation of vehicles
. Any activity that would be detrimental to drainage, erosion control, habitat or
wildlife preservation or conservation
4.0 Maintenance and Management
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4.1 Exotic and Nuisance
Activities that are allowed in lake and pond littoral and transitional areas shall include
removal and eradication of exotic and nuisance species, trash and debris. To minimize
potential disturbance to surrounding vegetation, eradication of exotic and nuisance
species may be accomplished by herbicide treatment. The type of herbicide utilized will
depend upon the target species. Best management practices shall be implemented for all
herbicide treatment to avoid overspray or damage to native vegetation.
All activities within lake and pond littoral and transitional areas shall take proper care to
avoid damage or disturbance of existing habitat. All Exotic and Nuisance vegetation, as
defined by the Florida Exotic Pest Plant Council's most current List of Invasive Species,
shall be eradicated from within the lake and pond littoral and transitional areas and from
on site.
4.2 Short Term Maintenance
A monthly maintenance program shall be implemented to control invasive exotic and
nuisance plant species and maintain lake and pond littoral and transitional zones as
functioning habitats. During routine maintenance events, all trees, shrubs and other plants
shall be maintained by pruning, cultivating and fertilizing as required for healthy growth.
All noxious plant species (Category I and II Exotic and Nuisance vegetation) shall be
manually removed if possible. However, due to the invasiveness and control difficulty of
species such as torpedo grass, herbicide control may be utilized depending on type and
severity of problem. Herbicide treatment, if necessary, shall consist of controlled
selective treatment of exotic or nuisance growth. Herbicides utilized shall be EP A
registered products approved for use in the State of Florida that have been shown to
present a wide margin of safety for fish, waterfowl and human life. Any herbicide
treatment shall be conducted by personnel certified and licensed for such application in
the State of Florida and in strict accordance with manufacturer recommendations. The
maintenance programs will be conducted in an environmentally sensitive manner by hand
or chemically (Cotleur & Hearing, Inc., 2004).
4.3 Long Term Maintenance
Lake littoral planting shall be maintained in accordance with the City of Boynton Beach
Land Development Code and the Littoral Landscape Plan. At a minimum eighty-percent
Page 2
(80%) vegetative coverage and the survivorship of littoral zone painting area shall be
maintained. Exotic, invasive, and non-native invasive shall be kept free of the littoral
planting area. Such species shall be maintained at <10% coverage at all times. The City
of Boynton Beach approval shall be obtained prior to any reconfiguration of the approved
lake littoral and transition zones. Written approval shall be obtained from the City of
Boynton Beach prior to modification of the planted littoral or upland zones.
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4.4 Monitoring Program
Upon completion of initial littoral zone development, routine maintenance and
monitoring will be initiated according to the following specifications. The littoral and
upland transitional zones shall be inspected and monitored for one (I) year after planting.
During this one-year maintenance and monitoring period, maintenance shall occur
monthly and monitoring shall occur quarterly following final grading, planting and site
stabilization. The maintenance and monitoring program shall consist of the following:
Inspections, monitoring, exotic removal and replanting during each monitoring period to
maintain the minimum eighty-percent (80%) survivorship criteria for the planted littoral
zone. Construction areas shall be maintained in accordance with the "Regulated
Substances Management Practices for the Construction Industry." A time zero report and
quarterly monitoring reports will be prepared within 30 days of site monitoring. Each
report shall be submitted to the landscape architect and owner within thirty (30) days of
the completion of the monitoring period. The time zero monitoring report for this project
shall include a signed and sealed as-built drawing. Each monitoring report, including the
time zero, shall assess the percent cover, percent survivability, natural species recruitment
and related upland transitional areas. Fixed point photograph stations will be established
for comparative purposes throughout the monitoring period. A sufficient number of
photograph stations shall be established such that the entire littoral zone planting for each
lake is represented. A description of maintenance activities including supplemental
planting shall be included with each report.
After the first year, the landowner or entity having maintenance responsibility for the
planted littoral zone shall maintain the littoral zone in the following manner: A minimum
of eighty-percent (80%) survivorship and a minimum of eighty-percent (80%) coverage
of the planted littoral zone. Exotic, non-native invasive, and invasive plant species as
defined by the Florida Exotic Pest Plant Council's most current List of Invasive Species,
shall be restricted to less than ten-percent (10%) of the required planted littoral zone.
4.5 Inspections
Prior to planting the littoral zone, contractor shall prepare an as-built with sufficient
number of cross sections to allow landscape architect or biologist to verify that the slopes
have been constructed in accordance with the design plans. The time zero monitoring
report shall be submitted with an as-built drawing of lake littoral and transitional
plantings within (30) days of completion of plantings. Monitoring reports shall be
submitted to the landscape architect and the owner.
Page 3
5.0 Responsibility and Enforcement
5.1 Enforcement
The Lake Management Plan will not be changed without the approval of the City of
Boynton Beach, and the City shall have the right to enforce the provisions of the Lake
Management Plan through any available administrative or civil proceeding which may
result in penalties, appropriate vegetation and other remedies as against any person,
corporation or other entity in violation of any of the provisions of the Lake Management
Plan.
5.2 Responsibilities
The Affidavit of Responsibility identifies the responsible party for maintenance and
protection of the lakes and ponds shall be Boynton Beach Place, LLC. The Developer has
agreed to manage the encroachment of exotic vegetation and manage the lake and pond
littoral and transitional zones in accordance with guidelines set forth by the City of
Boynton Beach. These management practices are intended to improve the potential
utilization of these areas by various types of wildlife.
The Owner/Developer of the Boynton Town Center I-C3 site shall have the responsibility
of maintaining the lake and pond areas free of litter, debris and yard clippings. Lake and
pond management shall be the responsibility of Boynton Town Center from the point that
the project has been completed. Boynton Town Center shall be responsible for the
continued eradication of exotics. Initial implementation and future management of all
lake and pond areas within the property will be the responsibility of the developer or its
successors and/or assigns.
6.0 References
Cotleur & Hearing, Inc. Lake Management Plan Renaissance Commons. 2004.
5:\047\047148007 Boynton Commons\ENV\Lake Management Plan\LAKE MANAGEMENT PLAN 7 27 OS.doc
Page 4
1. HAVE YOU SPOKEN TO STAFF MEMBER ABOUT THE PROJECT? .
Yes No
(IF YES, HA VB THOSE STAFF METYffiERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
STAFF MEMBERS NAME:
LOCATIO~~~~~~~~RSECTIONS)
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Applicant's l'{ame:
2.
TimeandDateofMeetin",~ c1~ ~ /O#~
Those attending meeti,og:./ .
'/1l<.~ c'c( C~/.:::J Ii ~u~ t..J ';n~ .
Phone: 7702-- '7 fL/: -0>r.fY
3.
WHAT WOULD YOU LIKE TO DO?
V NEW PROJECT
BUILDING EXPANSION OR MODIFICATION.
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
CONIMERCIAL PROPERTY?
RESIDENTIAL PROPERTY?
INDUSTRIAL PROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
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4. TIME AND DATE PREFERRED
5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING?
'.
Note: Tell the persoll tltat someone/rom tlte Departmellt will call tit em to confirm tlte lIIee/blg.
.................................................................................,
Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
.0 less than two (2)' days prior to date/time of meeting. If urgency is sensed, discuss with Mike or Lusia.
Meetin25 may be scheduled:
Monday afternoons
. Tuesday all day
Wednesday all clay
. Thursday mornings
Note: Lusia is not available for Tuesday a.m. meetings,
and Mike is not available on Mondays between 11:30 a.m. and 2:30 p.rn.
\P18Ming\PIllMing\Prc.applicntioncontactquestions.doc
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PRE-APPUCATION CONFERENCE REVIEW FORM
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Time Started: /0 Time Finished: If '//11
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Attending as Applicant
Fax
Proposed Project Name and ./~
Type/Use 1"-./ I<e..
Site Location (Address If Available)
Site PCN
existing Zoning
existing land Use/Density
Antidpated Submittal Date
Proposed Zoning
Proposed land Use/Density
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Vacant
Lot Area
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Notes and Comments
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Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
landscaping/Buffering
Non-conformlng Use or Change In Use
Other Zoning Changes Required
-EnVir-o~fal ~~Eft:lirCm8nts
Notes/Comments/Recommendations
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives,
polldes and codes itS related to the Proposed development and to discuss site plan review procedures. Opinions expressed
at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming
based on actual plans submitted for review.
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
ivIEETING DATE:
'TIME' '. :. .. .
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. ATTENDING FOR APPLICANT:
NOTICE: The purpose oCthfs conC~rence shall be Cor the staff and applicant to discuss overall
community goals, objectives, policies and codes ass related to the proposed development and to
discuss site plan review procedures. Opinions express at the pre-appUcntion conCerence are not
. binding for form:ll review purposes. Additional staff comments may be Corth coming based on actual
lans submitted for review.
City of Boynton Beach Attending for Applicant
-.Attendin Staff
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