LEGAL APPROVAL
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
September 26, 2005
Mr. Anthony Comparato/Ms. Kim Glas-Castro
980 N Federal Highway - Ste. 200
Boca Raton, FL 33432
RE:
File No.:
Location:
Boynton Village Parcel 3 Condos
NWSP 05-020/COUS 05-008
NE em Old Boynton Rd and Congress Ave
Dear Mr. Comparato/Ms. Glas-Castro:
Enclosed is the Development Order granted by the City Commission on September 20,2005. The conditional use/site plan
approval is valid for one year from the date of final approval. In order to maintain vested status, a building permit must be
secured or an extension granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all ofthe approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
ImDortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
Sincerely,
2cJc
- .
Michael W. Rumpf
Director of Planning & Zoning
Ene. Dev Ord
cc: The Klatt Family Partnership
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I \Boynton Village Parcel 3 Condo NWSP 05-<l20'CC appvlltr..doc
,.
t
DEVELOPME~IT ORDER OF THE CITY COMMIS,r"N OF THE
Ci. / OF BOYNTON BEACH, FLORIDI-\
Deve/ollm.nt
paz
Building
Englne.rlng
Occ. Llc.n..
Deputy City Clerk
PROJECT NAME: Boynton Village Condominiums Parcels 3 (WR 2)
APPLICANT'S AGENT: Anthony Comparato, Compson & Associates and
Kim Gras-Castro, Ruden McClosky
AGENT'S ADDRESS: 980 North Federal Highway #200 Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005
TYPE OF RELIEF SOUGHT: Request conditional use/ new site plan approval for the construction of
two (2) five (5) story buildings at a height of 65 feet - 1 inch, to house 206
condominium units on a 4.384 acre portion of the 106.5 acre site know as
Boynton Village and Town Center.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
'+'
4.
5.
6.
7.
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
. "'" '.~,
2.
The Applic~t
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
. suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applic<:!pt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with th
and conditions of this order.
Other
DATED: q -t5J.(-05
S;\Planning\SHARED\WP\PROJECTS\Boynton Village-Boyn
'~
,'"
""""
.
EXHIBIT "e"
Conditions of Approval
Project name: Boynton Village Parcel 3 Condos
File number: COUS 05-008
Reference: 2nd review plans identified as a New Site Plan with a June 21,2005 Planning and Zoning date stamp
k'
mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. The trash holding area for this development will require Solid Waste trucks X
to back across multiple lanes of traffic (entry to parking garage and roadway
along north side of development.) This is an unsafe situation. Please
relocate trash holding area to address this concern.
2. Multiple trash rooms are shown on this plan, with only a single trash X
holding area depicted. Please indicate the number and size of the containers
so we can evaluate the required pad sizes and our ability to perform the
pickup operation.
3. Additionally the Landscape plan depicts landscaping in the trash holding X
area. Please correct.
PUBLIC WORKS- Traffic
. ..., .~,
Comments:
4. On the Site plans, show and identifY all necessary traffic control devices X
such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc. See City Standard _
Drawings "K" Series for striping details.
UTILITIES
Comments: .
5. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
6. Fire ttow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater (CODE, Section 26-16(b )).
7. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of Site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
8. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
service this project, in accordance with the CODE, Section 26- 15.
9. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments:
II. Provide water supply information for this parcel. This shall include water X
supply lines for hydrant and sprinkler systems and the capacity of those
lines. A new flow test is required when all water feeder mains are. connected
and accepted.
POLICE
Comments: None X
ENGINEERING DIVISION
,- .c:..<:..
Comments:
II. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
12. Please note that changes or revisions to these plans may generate addiJional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
13. Delete the tenth note on sheet L8 regarding maintaining 5 foot clear vision X
in parking areas.
14. Full Drainage plans, including drainage calculations, in accordance with the X
LDR~ Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
15. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
DEPARTMENTS INCLUDE REJECT
16. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the City
Commission and at permit review.
17. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
18, Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the building design.
19. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
20. At time of permit review, submit signed and sealed working drawings ofthe X
proposed construction.
21. At the time of permit review, submit details of reinforcement of walls for X
the future installation of grab bars as required by the Federal Fair Housing
Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms
within the covered dwelling unit shall comply. -.<::;'::.;"
22. Bathrooms and kitchens in the covered dwelling units shall comply with the X
Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans which
design specification ("A" or "B") of the Fair Housing Act is being. used.
The clear floor space at fixtures and appliances and turning diameters shall
be clearly shown on the plans.
23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water X
may not, therefore, be used for landscape irrigation where other sources are
readily 'available.
24, A wllter-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
25. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
.'
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
e. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article n, Sections 26-34)
26. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
f. A legal description ofthe land.
g. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
h. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
1. The number of dwelling units in each building.
J. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(t))
27. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
28. The full address of the project shall be submitted with the construction X .40....'
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building; permit application at the time of application submittal.
29. Add to the site data the total area under roof of each residential building. X
Provide tabular area data for each floor of each building. The breakdown
shall include the following areas and each area shall be labeled on the
applicable floor plan drawing:
k. Common area covered walkways;
I. Covered stairways;
m. Common area balconies;
n. Entrance area outside of a unit;
o. Storage areas (not part of a unit);
p. Garages (not part of a unit);
q. Elevator room;
r. Electrical room;
s. Mechanical room;
t. Trash room;
u. Mailbox pickup and delivery area; and Any other area under roof.
(Chapter 4 - Site Plan Review, Section 7.E.2 and 3)
30. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
DEPARTMENTS INCLUDE REJECT
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
b. All shoring and re-shoring procedures, plans and details shall be
submitted.
c. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
31. A two-hour fire-rated wall will be required between the parking garage and X
the condominium per NFP A 88A, Section 4.1.2.
32. Sheet A-9 - A parking garage cannot be classified as an "R-2" occupancy. X
Classify the structure to the correct occupancy per 2001 FBC, Chl;lpter 3.
PARKS AND RECREATION
Comments:
33. Impact fee: 392 multifamily units @ $656 per unit = $257,152.00 X
34. Irrigation is to provide 110% coverage. Change on Landscape notes. X
FORESTERfENVIRONMENT ALIST
Comments:
35. Map of Boundary and TOPol!raphic Survey-Sheet 1 of 1 X
Existinl! Trees Manal!ement Plan
The Landscape Architect should tabulate the total existing trees on the site.
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed / replaced on
site. All desirable species of existing trees must be relocated rather than
removed if the trees are in good health, These trees should be shown by a
separate symbol on the landscape plan. [Environmental Regulations,
Chapler 7.5, Article I Sec. 7.D.p. 2.]
36. I recommend that the applicant preserve, where possible, all existing X
desirable trees that are located within the proposed landscape buffers.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
37. Irril!ation Plan-No Irrie:ation plan included in the submittal X
The irrigation system design (not included in the plans) should be low
volume water conservation using non-portable water.
38. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
>,
Conditions of Approval
6
DEPARTMENTS INCLUDE REJECT
39. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
40. The signature trees must have eight (8) feet of clear trunk if placed within X
the safe-sight triangle (Chapter 7.5. Article 2. Section 5.N.). Alternative
plant material may be substituted if the above referenced plant material is
not available or undesired. Any substitution of plant material (for the
signature tree requirement) will be subject to the City Forester /
Environmentalist review and approval.
41. Staff recommends that you submit a master sign program that shows the X
number. location. dimensions. exterior fmish. and color(s) of all
freestanding monument signs (Chapter 2, Section 5.H.9.). The sign
program would address all types of signs. which would include commercial
wall signs, identification signs, residential subdivision signs, freestanding
monument signs, canopy signs, way-finding signs, directional signs, and all
other signs as regulated by Chapter 2 I of the Land Development
Regulations. .. -<. .~-.
42. Provide a detail of a typical outdoor freestanding lighting fixture, The detail X
of the typical freestanding outdoor lighting fixture should include the
overall height, exterior finish. materials used (i.e. concrete or aluminum)
and color(s). The lighting fixture height, style, design. and illumination
level shall be compatible with the building design and height and shall
consider safety, function. and aesthetic value (Chapter 9, Section lO.F.1.).
43. Provide a detail of the parking structure gates indicating its dimensions, X
materials used, exterior finish, and colors (Chapter 4. Section 7.D.).
44. The project is subject to the limitations and timing at which development X
may proceed as outlined in the Palm Beach County Traffic approval letter or
the conditions contained within the CRALLS amendment upon its adoption.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
DEPARTMENTS INCLUDE '""REJECT
1. Change Condition #33 to revise number of units from 392 multifamily units X
to 206 multifamily units for impact fee @ 656 per unit = $135,136.00.
.'
S:\Planning\SHARED\WP\PROJECfS\Boynton Village-Boynton Town Center l\Boynton Village Parcel 3 Condo COUS 05-008\COAdoc
~ ....~,;
.,.
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc