APPLICATION
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PROJECT NAME: Boynton Village (REVISED):.
LOCATION: NE corner of Old Boynton Rd & Congress Ave.
PCN: 08-43-45-20-01-000-0680 & 08-43-45-20-00-000-0090
I FILE NO.: NWSP 05-004 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: The Klatt Family Limited
Chris Ralph P.E. - Kimley-Horn & Partnership #1 and Klatt Enterprises, Inc.
Associates. ADDRESS: 9290 Nickels Blvd.
ADDRESS: 601 21st Street FAX:
Vero Beach, FL 32960 PHONE:
FAX: - 772-562-9689
PHONE: 772-794-4088
Date of submittal/Projected meetine: dates:
SUBMITTAL / RESUBMITT AL 5/5/05
1 ST REVIEW COMMENTS DUE: 5/24/05
PUBLIC NOTICE: Applicant Onlv 7/16/05
TRC MEETING: 6/21/05
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 7/26/05
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 8/16/05
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village NWSP 05-004\2004 PROJECT TRACKING INFO.doc
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"
I Ruden
~~ McClosky
222 LAKEVIEW AVENUE
SUITE 800
WEST PALM BEACH, FLORIDA 33401
(561) 838-4542
FAX: (561) 514-3442
KIM.GLASCASTRO@RUDEN.COM
August 18, 2005
l\lJl; I 9 LUIJ~)
David DeYoung, AICP
Planning Department
School District of Palm Beach County
3320 Forest Hill Boulevard
C-II0
West Palm Beach, FL 33406
RE: School Concurrency for Boynton Village
Dear Dave:
The City of Boynton Beach ("City") has asked us to obtain either a confirmation that the
City approval constitutes a "development order" by School District definition or receive an
updated school concurrency determination.
On February 15, 2005, the City approved a land use amendment, rezoning and SMU
master plan for the development project named Boynton Village (see Exhibit "A"). Boynton
Village includes 1,120 multi-family units for which it received school concurrency determination
in May, 2004 (see Exhibit "B").
The City's Suburban Mixed Use zoning district is similar to a planned development
district in that it requires a master plan to be approved at the time of rezoning. The individual
parcels within Boynton Village are currently undergoing site plan review and will be considered
for approval at the September 20, 2005 City Commission hearing.
City staff, as a component of site plan review, has asked us to confirm that the SMU
master plan vested the school concurrency determination. Or in the case it did not vest school
concurrency, to obtain a new concurrency determination.
While the City finds that the SMU master plan is a form of "development order" that
vests traffic concurrency, they are deferring to the School District with regards to the school
concurrency determination.
WPB:212225:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A.
CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
Page 2
In the event that you do not define the SMU master plan as a development order for
school concurrency reservation purposes, we have enclosed a new application for concurrency
determination.
If you have any questions, please call me at 838-4542.
s~
Kim Glas-Castro, AICP
Land Use Planner
cc: Ed Breese, City of Boynton Beach
Richard Foreman, 1950 Congress Avenue, LLC
Attachments
Ordinance 04-046
SMU Master Plan
School Concurrency Determination
WPB:212225:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
The School District of Palm Beach County
Planning Department
3320 Forest Hill Blvd. C-ll0
Wes1 Palm Beach, FL 33406-5813
Phone: (561) 434-8800 or (561) 963-3877
Fax: (561) 434-8187 or (561) 434-8815
Attention: Concurrency
The School District of Palm Beach County
School Concurrency Application & Service Provider Form
Instructions: Submit one copy of the completed application and fees for each new residential
project requiring a determination of concurrency for schools. A determination will be provided within
fifteen (15) working days of receipt of a complete application. A determination is not transferable and is
valid for one year from date of issuance. Once the Development Order is issued, the concurrency
determination shall be valid for the life of the Development Order.
Please check (--J) type of application (one only):
[Xl Concurrency Determination [ ] Concurrency Exemption [ ] Concurrency Equivalency
[ ] Adequate School Facilities Determination [ ] Letter of No Impact [ ] Time Extension
Fees: Concurrency Determination or Adequate School Facilities Determination ($200.00 for more than 20 units I 20 units
or less $100.00); Equivalency ($125.00); Exemption or Letter of No Impact ($25.00); Time Extension ($75.00)
" 'nA-:f""';P'"Rl"'\"'~E GTINFO R..'A""O'Die,*,.c,f%)t-"., ",0. "00' Y ."
;i " ~,*";~~,, ,n(~,:,',f':"'i' _,c,', ,,,:,~qJ,,,::,',,::!,>,:',:,, '. ' -'" "~<.~.._,,::,.mi,:,~,A~_#go/!':tjh0::;'Jn';7ti;0<'r-~%\;~;5.S'1,';"."
Please attach a copy of the site/subdivision plan. last recorded wananty deed and consent form
Project Name: Boynton Village Municipality: Boynton Beach
Property Control Number (PCN): 08-43-45-20-01-000-0680 and -0090
Location I Address of Subject Property: NE corner of Congress Ave and
Old Boynton Road
If applicable, please attach a Phasing Plan showing the number and type of units to receive certificate of occupancy yearly.
A Restrictive Covenant is required for age-restricted communities.
OWNERSHIP I AGENT INFORMATION:
Owner's Name:
Agent's Name:
Mailing Address:
Klatt Contract Purchaser: 1950 Congress Avenue LLC
Ruden McClosky Kim GlaR-CaRtrn
222 Lakeview Avenue #800
West Palm Beach. FL 33401
838-4542 Fax Number: ') 14-1442
Telephone Number:
I hereby certify the statements or Information made In ny ape
best of my knowledge.
PART It ,(,OCAL GOVERNMEIIIT REYIEW:t!Ji;Jl',
Date Application Flied:
Reviewed By:
Did the Applicant pay the filing fee to you?
Petition Number:
Title:
See Attached
o YES (Please attach proof of payment)
o NO (If no, the applicant must pay the School District.
The School District will not review without payment).
Government Representative Signature Date
PART III. TO ,BE COMPLETED BY SCHOOL DISTRICT
Date & Time Received:
Case Number:
I verify that the project complies with the adopted Level of Service (LOS) for Schools
I verify that the project will comply with the adopted Level of Service (LOS) for Schools subject to the
attached conditions
I cannot verify that the project will comply with the adopted Level of Service (LOS) for Schools
School District Representative
Date
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The School Distri<:\ of Palm Beach County
School Concurrency Application & Service provider Fonn"
lnstrllct1ons: Submit one ,copy 01 tbe complet8d appl\c:8tlOn and tees f~r each new residential
prosect requiring a determlnaUon of concurnnq fOT schools. A de\erm\n,uon win be provided Ytttjn
f\f\8en (16) wortdng daYS 01 receipt 018 complete app\lcat1on. A deleminallon .'not transferable Brw;lls
valid for one year from date of 15suance. Once \he [)eVelopmeP" Order 1116$ued. the ~
determlnation ,ball be valid for the life of the Development Ord8.'.
PI.ase check (~ type of application (one only):
1JQ ~ncv Determination { 1 concurrenGY Exeinpllon . I 1 Concurrency equlvalenCY
{ l,Adequate School F;eclll\ies De\ermination { 1 Letter 01 No lmpad { 1 T\m8 Extenslon .
F"':
Concmnncy De'.lftllnallon or IIdlCluata $chDOl Fu:1UtIas Det.nnlnallon lSlOOJlll tor mDre ..an 20 un..'1G .....
tIT .... '100.00): EqulVll\tlncy ,"15.oo)i ElI.mpt\Dn or Ldlr of.No tmpac1 'S2LOO\: 1IIns E~.\lIn ,$1LDlIl
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MIJoII plall. 1I";;ciiiiled iiIii'rNdr .
project Nama: . B?ynton Villa.ze ~unlClpallty: 1'.oynton 1'.ea.c.b.
Property contro) Number (PCN): 08_43_45-20-0i-O~0-0680 and -0090 ,
= ~
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. . ti'lIpplicable, pIeIIIe IIItIlCh II Pheslnll P\Ift s~ IIw '1l\IliIII' and ~ CJI uriIS 1Il..c.. ClIlItifiClIIe of oo;upMCIJ yeIItY.
.. '".Re.;c.ave CcNenenl" ftIllIII~tor ~ c:anmriIIL ~ A r.. "? t::.:j r ....
oWNERSHIP I AGENT lNFORMAllON: . . I.. 'I.-..J- -' Ie:' ."
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are tnll and __ " the
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Dale AppllC8tlon Flied:
R.evlewed By:
I verily thaI Ihe projed will comply wilh ltIe adopled Level 01 SeNioe (LOS) lor Schools subjec\ to ltIe
attached condltioM
I cannol verily lhal ltIe prOlecl will co I>
\. J '!:I~I;I~.,:::,,::',:,!'I,::"~-rF..P..("']''''''.~' ",T.l,'~L- i: I:':'''~,''':'~ ..,:.... .:.~rii..~.t.!..,.~.U( ~c:
pl\SD 1991 (1'1"," 1 \f06/ll2)
Glas-Castro, Kimberly
From:
Sent:
To:
Subject:
Johnson, Eric [JohnsonE@cLboynton-beach.f1.us]
Monday, August 15, 2005 8:20 AM
Glas-Castro, Kimberly
School Concurrency
Kim,
Regarding Boynton Village, the school concurrency letter, issued May 18,
2004 from Dave DeYoung has expired. Are you working on getting this updated? Let me know
your status. Thanks,
Eric Johnson, AICP
Planner
City of Boynton Beach
1
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,4004 ," :.'AII FROt.HCHR(l~R & LAP' . ,P.A-
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AGENT CONSENT'FORM
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STATE OF FLORIDA
'COUNTY OF Du'4 d. \
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, ' BEFORE ME. this day, personally appeared BIll R. WINCHESTER ("Affiant"), who being
duly swom, deposes and s~ that: "
1. THE,KLATTF AMIL Y LTh1lTED PARTNERSHIP #1, a Florida limited parmersbip ,
("PanDersbip")~ is the pwner of a portion ofthereafpropeny~\egaUy descnDed in Attacbmcrit "A",'
, and KLATT ENTERPRISES. INC.. a Florida I corporation, is 1he owner of the ..rcu\ainder
("Entcrpiises"). "
2. Affiant is the President of~ TI, INC., a FIoridacorporation, which is the general
partner ofPartnersbip, and he is also the President ofEnterpriscs~
"
~ . .
3. , In his capacity set forth in Paragraph 2, a\)ove, Affiant, on behalf ofPartnersbip and
Enterprises, designates the Authorized Agents design~ed below to act on behalf ofPartncrship and
Enterprises for tbe purposes of seeking a change to the Futuie Land Use Map designation and/or
, Zoning classification of the real property legally descnoed in Attachment "A.'.' '
.
4. Affiant has examined the foregoing Fulure Land Use Map amendment and/or
Rezoning application and understands how the proposed change may affect the real property legally'
descn"bcd in Attachment "A". . '
FURTHER AFFIANT SAITH NOT. '
M/;.~ ii:::Jt
Bll R. WINCHESTER ~
9290 Nickels Boulevard
Boynton Beach, Florida 33436
AuthoriZ.ed Agent(s): Boynton Beach Place, LLC and/or Ruden McClosky
J:\'7'CJ,.JENTS'J( lTlsalc 1 06.nes\ACarr CONSENT.wpd
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ORDINANCE NO. 04-o4b
AN ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
KLATT FAMILY LIMITED
PARTNERSHIP, AMENDING
ORDINANCE 02-013 OF SAID CITY BY
REWNING A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-l-AA SINGLE-
FAMILY RESIDENITAL TO
SUBURBAN MIXED USE (SMU);
PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
19 said City; and
20 WHEREAS, Klatt Family Limited partnership, owner of the property more
21 particularly described hereinafter, and known as Boynton Village. has heretofore
22 filed a Petition, through its agent, Ruden, McClosky, et a1. pursuant to Section 9 of
23 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida,
24 for the purpose of rezoning a tract ofland consisting of approximately 82.076 acres,
25 said land being more particularly described hereinafter, from R-l-AA Single-
26 Family Residential to Suburban Mixed Use (SMU); and
27 WHEREAS, the City Commission conducted a public hearing and heard
28 testimony and received evidence which the Commission finds supports a rezoning
29 for the property hereinafter described; and
'- 30 WHEREAS, the City Commission finds that the proposed rezoning is
s:\c A \Ordinances\Planning\Rezoning\Rezoning - Bo)lllton Village,doc
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1 II consistent with an amendment to the Land Use which was contemporaneously
2 considered and approved at the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the
4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
5 set forth.
6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY
7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
8
Section 1.
The foregoing Whereas clauses are true and correct and
9 incorporated herein by this reference.
10 Section 2. The following described land, located in the City of Boynton Beach,
11 Florida as set forth as follows:
12 SEE EXHIBIT ''E''
13
14 Containing 82.076 acres. more or less.
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16 Subject to easements, restrictions, reservation and rights of way of record.
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18 Said lands situate, lying and being in Palm Beach County, Florida.
19
20 be and the same is hereby rezoned from R-l-AA Single-Family Residential to Suburban
21 Mixed Use (SMU). A location map is attached hereto as Exhibit "N' and made a part of
2 2 this Ordinance by reference.
23 Section 3:
24 accordingly.
25 Section 4:
26 hereby repealed.
27 Section 6:
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are
Should any section or provision of this Ordinance or any portion
S:\CA\Ordinances\Planning\Rezoning\RezOIling - BoynlDn Village, doc
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thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
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not affect the remainder of this Ordinance.
3
Section 7. This ordinance shall become effective immediately upon passage.
4
FIRSTREADINGthis~dayof Jut1 ,2004.
SECOND, FINAL READING and PASSAGE this ~ day of Fe.brwut 2005.
CITY OF BOYNTON BEACH. FLORIDA
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ATTEST:
~'tn. ~~
Clerk
(Corporate Seal)
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton VilIage,doc
LEGAL DESCRIPTION
A parcel of land being a portion of Lots 69 through 78, Lots 84 through 93, the
abandoned road rights-of-way adjacent to said lots, Lake Bessie and the unnumbered
lands adjacent to said Lake Bessie as shown on the plat of "PALM BEACH-MIAMI
LAND AND DEVELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the
Public Records of Palm Beach County, Florida, said parcel being more particularly
described as follows:
COMMENCE at the Southwest comer of the Southwest One-Quarter (114) of said
Section 20, Township 45 South, Range 43 East;
THENCE on a grid bearing of NO 1 %%d22'46"W along the West line of said Southwest
One-Quarter (114) of Section 20 a distance of 1222.48 feet to the centerline of Old
Boynton Road;
THENCE N89048'57"E along said centerline of Old Boynton Road a distance of 1990.49
feet to the Southerly extension of the West right-of-way line of the Lake Worth Drainage
District E-4 Canal;
THENCE NOoo41 '03"W along said Southerly extension a distance of 50.00 feet to a point
on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road, said
point being the POINT OF BEGINNING;
THENCE S89048'57"W along said parallel line a distance of 826.94 feet;
THENCE NOooll '03"W a distance of 89.52 feet to a point of curvature of a tangent curve
concave to the West;
THENCE Northerly along the arc of said curve to the left having a central angle of
19003'47" and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of
reverse curvature of a tangent curve concave to the East;
THENCE Northerly along the arc of said curve to the right having a central angle of
23057'48" and a radius of 682.00 feet for an arc distance of 285.24 feet to a point of
reverse curvature of a tangent curve concave to the West;
THENCE Northerly along the arc of said curve to the left having a central angle of
06006'43" and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of
tangency;
THENCE NOl 023'44"W a distance of 74.24 feet to a point of curvature of a tangent curve
concave to the West;
THENCE Northerly and Northeasterly along the arc of said curve to the left having a
central angle of 23043'48" and a radius of 556.50 feet for an arc distance of230.48 feet to
of reverse curvature of a tangent curve concave to the Northeast;
THENCE Northwesterly along the arc of said curve to the right having a central angle of
04025'16" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point on a
non-tangent line;
THENCE S88037'14"W a distance of 962.36 feet to a point on the East right-of-way line
of Congress Avenue, said line also being 60.00 feet East of and parallel with said West
line ofthe Southwest One-Quarter (1/4) of Section 20;
THENCE NOt %%d22'46"W along said right-of-way line and parallel line a distance of
371.75 feet to a point on line 60.00 feet East of and parallel with the West line of the
Northwest One-Quarter (1/4) of said Section 20;
THENCE NOt o23'03"W continuing along said right-of-way line and said parallel line a
distance of 1222.05 feet to a point on line 210.00 South of and parallel with the South
line of the plat of RENAISSANCE COMMONS, A P.U.D. as recorded in Plat Book 102,
Pages 57-62 of the Public Records of Palm Beach County, Florida, said line also being
the South right-of-way line of the Boynton Canal (Canal C-16);
THENCE N87045'57"E along said parallel line and said right-of-way line a distance of
1485.39 feet to a point on the West right-of-way line of said Lake Worth Drainage
District E-4 Canal;
THENCE S06%%d28'18"E along said West right-of-way line a distance of 760.86 feet;
THENCE S30%%d46'03"E continuing along said West right-of-way line a distance of
800.00 feet;
THENCE SOO%%d41'03"E continuing along said West right-of-way line a distance of
1200.00 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County,
Florida, containing 82.076 Acres :c.
~")YNTON VILLAGE
LOCATION MAP
Local Ret." Commercial
Industrial
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BOYNTON VILLAGE
LUAR 04-006
Suburban Mixed Use
81.814 .cres
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING. ZONING DMSION
MEMORANDUM NO. PZ 04-137(AMENDED)
Chair and Members
Planning ~nd Develo ent Board and Oty Commission
Dick Hud , CP .
Senior Pia ner .'1
rv1 ~
Michael W. Rumpf~ ~ W
Director of PlannIng and Zoning
June 11, 2001 December 9. 2004
Boynton Village (lUAR 04-006)
Amend the land use dasslfication from Moderate Density
Residential (MoOR) to Mixed Use-Suburban (MX.S) and rezone
from R-1.AA Single Family Residential to SMU Suburban Mixed
Use
Property Owner:
Applicant! Agent:
location:
Parcel Size:
Existing land Use:
Existing Zoning:
Proposed land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPnOtj
Klatt Family limited Partnership & Klatt Enterprises, Inc.
1950 Congress Avenue, llC/Ruden, McClosky, Smith, Schuster &
Russell, P.A. (Kim Glas-Castro)
Northeast comer of the intersection of Congress Avenue and Old
Boynton Road (Exhibit "A")
81.81 acres
Moderate Density Residential (MoOR) at 7.26 dwelling units per
acre (du/ac)
R-1-AA Single Family Residential
Mixed Use Suburban (MX-S) at 20 du/ac and a floor area ratio
(FAR) of 1.0
SMU Suburban Mixed Use
Mixed use development containing 1,120 residential units, 10,000
sq. ft. of office use and 149,000 sq.ft. of retail commercial uses
Page 2
File Number: lUAR 04-006
Boynton Village
Adjacent Uses:
North:
Rlght~f-way of the Boynton (C-16) Canal then property
designated Development of Regional Impact (DR!) and zoned
SMU, currently under development (RenaIssance Commons).
To the southeast, right-of-way of Old Boynton Road, then
developed residential properties, both single-family and multi-
family; to the southwest, vacant property designated Moderate
Density Residential (MoOR) and zoned R-l-AA Single Family
Residential.
South :
East:
Right-of-way of the Lake Worth Drainage District (lWDD) E-4
Canal, then developed single-family residences designated low
Density Residential (4.84 du/ac) and zoned R-1-AA Single Family
Residential.
West:
Right-of-way of Congress Avenue, then developed properties
designated local Retail Commercial (LRC) and zoned C-3
Community Commercial.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requests for land use amendment and rezoning are consistent with objectives and
policies in the Comprehensive Plan relating to mixed use projects, the provision of a
range of housing opportunities within walking distance of shops and workplaces and for
the interconnectlvity between large-scale projects;
2. The Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed
Use zoning will require the development of a community that Is a pedestrian-friendly
environment containing gathering places for the residents; and
3. The proposed rezoning would continue the development patterriestabllshed by the
adjacent lands to the north, across the Boynton Canal and will provide a transItion
between existing commercial development on the-west along Congress Avenue and the
single-family neighborhood to the east; however,
4. Consistent with the requirements of the SMU development regulations, approval of a
SMU master plan for the property shall be required conQJrrent with approval of the
requested rezoning.
Page 3
Ale Number: LUAR 04-006
Boynton Village
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 81.81 acres. Because of
the size of the property under consideration, the Rorida Department of Community Affairs
classifies this amendment as a "large-scale" amendment. Following local board review and aty
Commission public hearing the amendment package was transmitted to the Florida Department
of Community Affairs (DCA) on August 3, 2004 for review for compliance with the state,
regional and local comprehensive plans prior to adoption. The normal review period Is
approximately 60 days; however, additional time was added to allow adequate response time
for review agencies affected by the hurricanes. The Oty received DCA's report of their findings
in an "Objections, Recommendations and Comments (ORC) Report" on November 19, 2004.
This report from the state is generated from reviews against state, regional and local plans and
other agencies' long-range plans and policies. The two objections were based on "lack of
analysis" of: (1) availability of public facilities, and (2) traffic Impacts for the maximum
development potential of the sites. A matrix is attached, showing objections and comments
from DCA and proposed responses (Exhibit "B'').
The City has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the
amendment with changes in response to the ORC report, or (3) determine not to adopt the
amendment and inform DCA of that decision. The adoption hearing is scheduled for the City
Commission meeting on January 18, 2005. It is anticipated that DCA will issue a Notice of
Intent (NOI) to find the amendments either "in compliance" or "not in compliance"
approximately 60 days following receipt of the amendment package (March 14, 2005). The
amendments become effective 21 days follOWing issuance of the NO!.
Master Plan Reaulrements
The regulations for the Suburban Mixed Use zoning district require that a master plan, including
multi-year phases be submitted and reviewed for approval at the time of rezoning to SMU.
Because of the length of time required by the large-scale land use amendment process, the
applicant submitted a master plan (see Exhibit "C) for approval to coincide with adoption of the
land use amendment and the rezoning. While master plan approval is required for rezoning to
the SMU district, there is no such requirement for rezoning to C-3 Community Commercial as
requested for the Boynton Town Center portion of the property; however, since the two
rezonlngs are preceding simultaneously, staff has requested that any proposed access points
from the property to the excluded parcel (Boynton Town Center) be shown on the plan and that
compatibility be maximized with the remainder of the project through Interconnectivfty,
consistent a,"-c_tl!~~ral design _ C!r]E!~ther de~i9!'l_ Clttrlbl.l!~s required by the SMU regulations.
The proposed master plan meets the minimum requlrements[.. as 9ut1ined in the zoning
regulations tor the SUburban Mixed Use zoning district with any exceptions noted in the Review
Comments (see Exhibit D). Those requirements include:
· Any proposed multi-year phasing for the project;
· locations of the different uses proposed, including open space or common areas,
recreational facilities, residential areas, commercial uses, office uses, other permitted
uses, and areas to be developed with integrated mixed-use structures;
Page 4
File Number: LUAR 04-006
Boynton Village
. Access and flow to each parcel;
· Tabulations of total gross acreage in the development and the percentages thereof
proposed to be devoted to the several land use types;
· Tabulations demonstrating the proposed number of dwelling units, square footage of
commercial, office and other uses; and,
· Architectural design standards showing the following: design themes to be followed,
building colors and color pallet options, maximum building heights and color elevation
renderings depicting representative design concepts.
Project Phases And Master Plan Overview
The project is proposed for development in two phases. Phase I will consist of the spine road
connecting the Renaissance Commons development on the north with Old Boynton Road on the
south; a lake parcel of 8.38 acres (10.27% of the site); and a mixed-use parcel of 24.7 acres
(30.27% of the site). The mixed-use parcel extends from the north boundary of the site at the
Boynton (C-16) Canal southward along Congress Avenue to the boundary with the Boynton
Town Center Project. Two access points are shown from Congress Avenue and connecting with
the proposed spine road, each provides pedestrian and vehicular access to the site. The road
from Congress Avenue opposite the entrance to the Boynton Beach Mall, is proposed to be lined
with one- and two-story commercial buildings which will provide a "main street" atmosphere for
the project. The lake parcells located in the central eastern part of the property. It will be the
principal storm water retention area for the development.
Currently, the remainder of the project is scheduled for Phase II. With the exception of a 5.03-
acre (6.16% of the site) parcel denoted as "park", parcels, identified for Phase II, would all be
devoted to residential development, with townhomes located on the parcel surrounding the
"lake parcel" and along the C-16 Canal, and condominiums on the two remaining parcels. The
residential parcels total 43.47 acres or 53.3% of the total development.
Tabular data show that the proposed land uses include 149,000 square feet of commercial and
retail, 10,000 square feet of office and 1,120 units of mUlti-family residential development. A
more recent breakdown shows that of the 1,120 residential units, there are 472 proposed
townhouses (attached single family units) and 648 condominium units.
The City has adopted a resolution reqUiring land dedication to satisfy the impact fee obligations;
therefore, only a portion of the 5.03-acre "park parcel" counts toward the "usable open space"
requirements. Based on the formulae included in the SMU development regulations, 30% of
the land area devoted to single-family attached units and 20% of the land area devoted to
mixed use and multi-family use must be "usable open space". In the mixed use and multi-
family use areas, up to 50% of the usable open space may be made up of hardscaped plazas
and public gathering places. In the townhouse areas, at least 50% must be in common pOOled
areas, though none of this usable open space must be in public parks. Under this requirement,
a total of 17.65 acres must be earmarked for usable open space. The proposed 4D-foot
pedestrian greenway adjacent to the right-of-way of the E-4 Canal and the 2S-foot greenway
adjacent to the C-16 Canal will fulfill some of those requirements. There Is no other Indication
Page 5
File Number: LUAR 04-006
Boynton Village
how the applicant intends to fulfill these requirements; although staff will require that the
developer provide a notation on the master plan giving a conceptual description or statement of
assumptions as to how he proposes to meet the requirements. This notation will be used as a
guide as site plans for each development tract are submitted.
Also regarding recreation, a negative aspect of the proposed master plan is the lack of park
space (private and public) located to take advantage of the lake area. While location of the
proposed park parcel would maximize accessibility to non-residents of the development, it Is
assumed that the "main street" area will be patronized by more than just residents of the
development. A passive area located between the spine road and the lake could be a special
focal point and gathering place for a great number of people, and a true asset to the
development. This would also fulfill the SMU requirements that developments utilizing the
regulations provide public plazas and gathering places that are both well-designed and
integrated into the overall design of the development; and also create higher quality
environments for residents, businesses, employees, and visitors.
A finding of consistency of the project with the Palm Beach County Traffic Performance
Standards Ordinance is based on the assumption that certain roadway and intersection
improvements will be necessary prior to buildout. Many of these improvements are already in
the County's adopted long-range transportation plans, but may not be included in their Five-
year Transportation Improvement Plan. Since these planned improvements may require
acquisition of additional rights-of-way, their full implementation may be too costly to be
practicable. Staff recommends a requirement of an explanation of the thresholds of
development that trigger each of the roadway improvements. This should include both a
comparable mix of uses similar to the subject request, as well as a scenario involving principally
residential uses (Condition 5). This should be provided prior to approval of any of the Individual
site plans within the project.
Review Based on Required Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent wIth applicable comprehensIve
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
-approval of the Palm Beach County Emergency Planning DivisIon and the Oty's risk
manager. nJe plannIng department shall also recommend limitations or
requirements, which would have to be Imposed on subsequent development of the
property, in order to comply with polldes contained In the comprehensive plan.
The subject property is not located in the hurricane evacuation zone, therefore the referenced
policy is not applicable; however, other applicable objectives and policies contained in the
comprehensive plan include:
Page 6
File Number: LUAR 04-006
Boynton Village
"Objective 1.15 The City shall encourage planned development projects which are
sensitive to characteristics of the site and to surrounding land uses,
and mixed-use projects in locations which are appropriate, and utilize
other innovative methods of regulating land development H
"Policy 1.22.3 Neighborhoods shall provide residences of different income levels.
Homes, shops, and workplaces shall be designed to be in walking
distance of each other where appropriate. Architecture and
landscaping shall reflect the character of the region. n
The requested land use designation, Mixed Use-Suburban, and zoning district, SMU Suburban
Mixed Use, are designed to encourage developments that meet both the adopted objective and
policy directions. In addition, with a well-designed site plan, this area can become an effective
transition between the commercial uses on the west of Congress Avenue and the low-density
single-family neighborhood east of the E-4 Canal.
''Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that
commercial projects provide marginal access roads or cross access between sites,
wherever practical, in order to minimize the need for trips on adjacent thoroughfares. "
The provision for connectivity between this site and the developing mixed-use project to the
north, across the Boynton Canal, will reduce travel distances and could minimize vehicle trips on
Congress Avenue. This is an important design attribute given the project size and the
magnitude of potential trips generated by the project.
Section VIII. lAND USE PROBLEMS AND OPPORTUNmeS, from the Support Documents of the
Comprehensive Plan include specific directions for this property. In effect, those directions
stated that since adequate commercially-zoned land exists to accommodate existing and
projected demands, the property should be considered as a site for one or more major
manufacturing plants. A major concern, as expressed in this recommendation, was the impacts
on roads in the vicinity.
The population growth alone may account for a need for increased commercial and residential
development. The Palm Beach county population projections for 2010 and 2020 show growth
rates which are substantially down from the 31 % over the last decade, but still fairly high (22%
for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the
county between 1990 and 2000, is nearing buildout. However, the reevaluation of
redevelopment activities, particularly in areas with proposed higher densities, has recently
resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020
for the city from 11% and 9%, to 17% and 13%, respectively. Also a study titled "Retail and
Office Space and Land Sales Research Study" for the Motorola site, prepared by land Reseach
Management, Inc. in June of 2003 indicates that such increased demand for commercial space
exists based on the low vacancy rates for the existing commercial development In the vidnity.
Low demand for industrially zoned property has influenced the conversion of those properties to
other uses. When no tenant could be found for the Motorola site, that property was
redesignated for mixed use development. Likewise, as demand fell for industrlalland in
Page 7
File Number: LUAR 04-006
Boynton Village
Quantum Park, a mixture of uses was approved for that property which Includes residential,
educational and commercial development. Other conversions of industrial lands have occurred
in the Congress Avenue corridor at the southern part of the City. The requested amendment
and rezoning will serve to offset the decrease in property tax revenues caused by the loss in
existing industrial businesses such as Motorola and in future businesses through land
conversion. These changing circumstances since adoption of the Comprehensive Plan in 1989
are factors that support the requested land use amendment and rezoning.
Policy 5.3.4, found in the Recreation and Open Space Element of the Comprehensive Plan states
the following:
"The City shall continue to require the dedication of sufficient land for a neighborhood
park site at the time that the following properties are rezoned or platted for residential
use: Klatt Property, and the Sand & Sea Mobile Homes. If the need for public park
acreage is not indicated at the above-mentioned time, a fee shall substitute the
dedication of land. Mandatory dedication is required when the public park is greater
than 0.5 miles away."
Maintenance of consistency with this policy is discussed below, under "Item d".
b. Whether the proposed rezoning would be contrary to the established land use
pattem" or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not create an isolated district, but would relate to the adjacent
lands to the north, across the Boynton Canal. As stated above, it could also serve as a
transition between the Congress Avenue right-of-way and existing commerdal development to
the west, and the single-family residential development to the east. The development
regulations for the SMU zoning district contain restrictions on building heights and buffering
requirements designed to lessen any negative impacts of SMU developments on existing,
adjacent Single-family developments.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The population growth, cited in "Item a", Is a changing condition that could provide justification
for the proposed rezoning. Also, the decreased demand for property designated for Industrial
uses, which was seen as an alternate development option in 1989, and the increase In
residential development in the area, are changing conditions that must be considered. The
City's adoption of regulations for mixed use development in the area west of I~95 Is a bold new
departure from past developmellt pri:lctices, where each use was welFseparated from one
another. Mixed use development patterns have typically been confined to urban areas and the
movement to extend their use to suburban areas is relatively recent and desirable. The
addition of a Mixed Use-Suburban land use category will permit the development of
communities that are pedestrian~frlendly environments and gathering places for their residents.
By providing opportunities for people to live, work and shop in the same area, there may also
be a benefit in lessening impacts on roadways external to the community.
Page 8
File Number: lUAR 04-006
Boynton Village
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Estimates prepared by the applicant show that total potable water demand will be
approximately 439,005 gallons per day (gpd) and sewage flow demand will be approximately
359,125 (gpd), compared to 227,535 gpd for potable water and 184,023 gpd sewage flow, if
the property developed at the current land use and zoning. More exact calculations of these
demands will be made at the time of site plan approval; however, the Utilities Department has
stated that additional demands for water and wastewater services will be adequately met by the
planned capacity expansion of 5,000,000 gallons per day, via an interlocal agreement with Palm
Beach County.
The traffic impact analysis submitted by the applicant shows that the average dally trips
generated by 588 single-family residential units under the existing land use designation would
be 4,116. Under the proposed mixed use designation the average daily trips would equal
12,780; a net increase of 8,664 new trips. This would cause Gateway Boulevard and Old
Boynton Road to drop from level of Service \\0" to "E", without improvements to these
roadways. Congress Avenue would still operate at LOS \\0".
Traffic impacts were also evaluated In combination with that portion of the property proposed
for Local Retail Commercial land use and C-3 zoning. The applicant's traffic engineer has stated
that the proposed development will only meet all of the requirements of the Traffic Performance
Standards of Palm Beach County if phasing of the development is linked to the County's
programmed roadway and intersection improvements and those proposed by the traffic
engineer; however, many of the cited improvements, which include widening Gateway
Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road and
widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and
Congress Avenue, would require an amendment to the Palm Beach County Five-Year Roadway
Improvements Program (2003-2008) even though they may be included in the County's long-
range transportation improvements plans. In addition, since some of these planned
Improvements may require acquisition of additional rights-Of-way, their full implementation may
be too costly to be practicable, particularly in instances where acquiring additional right-of-way
would create non-confonning parcels for existing development.
The list of Improvements, below, is taken from the applicant's traffic impact analysis. Palm
Beach County Traffic Engineering has not provided comments as to their suffidency in meeting
the Traffic Performance Standards Ordinance. They are listed below with summaries of their
impacts on properties, as well as the status of the improvement on the County's Long-range
Transportation Improvement Program:
Old Boynton Road
· five (5) Laning from Congress A ve. to Boynton Beach Blvd.
(Right-of-way for this improvement exists; however Palm Beach County has the majority
of this improvement planned for 2016-2020. Removal of encroachments into the right-
of-way will impact properties along the roadway. Rebuilding the bridge over the E-4
Canal is scheduled for 2006.)
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File Number: LUAR 04-006
Boynton Village
Congress Avenue
· Six (6) Laning from Lantana Rd. to Hypoluxo Rd.
(Planned for fiscal year 2005.)
· Six (6) Laning from Maleluca Lane to Lantana Rd.
(Planned for fiscal year 2006.)
Intersection Phasing - Congress Ave/Gateway Blvd.
· 6 Lane Gateway Blvd. from Congress A venue to 1-95
· Add Eastbound Right Tum Lane
· Add Southbound Right Tum Lane
· or CRALLS*
(Right-of-way exists for 6 laning Gateway Blvd, or would have minor impacts on
properties along the right-oF-way. The additional turn lanes would impact properties on
the west side of the intersection.)
Intersection Phasing - Congress Ave/Old Boynton Road
· Add Additional Northbound Dual Left Tum Lanes
· Add Additional Eastbound Dual Left Tum Lanes
. or CRALLS*
(The additional right-oF-way for the turn lanes would highly impact the commercial
properies at this intersection.)
Intersection Phasing -Old Boynton Rd/Boynton Beach Blvd.
· Add Additional Southbound Dual Left Tum Lane
(The additional right-of-way for the turn lane impacts the property at the southwest
corner of the intersection.)
* Constrained Roadway at lower Level of Service (Palm Beach County adopts a CRALLS in its
Comprehensive Plan. This action recognizes that it is not feasible to complete improvements
necessary for the roadway to operate at the adopted Level of Service. Mitigation measures are
required to offset the lower level of service.)
The applicant has proposed a phasing schedule for the project, linking the issuance of building
permits to the commencement of construction of the roadway improvements. This is only one
scenario, and other scenarios could be developed as long as they meet the phasing trip
thresholds. The most recent traffic impact analysis for the Boynton Village project, combined
with the Boynton Town Center, was only presented to Palm Beach County on December 20,
2004. A response from the County is expected prior to the adoption hearing. While the
Objections, Recommendations and Comments by DCA associated with the land use amendment
have been satisfied by the applicant, the adoption of the rezoning for this project is conditioned
on the applicant's complying with the requirements of the County's Traffic Performance
Standards Ordinance. Unless the County's response is forthcoming prior to the adoption
hearing, staff would recommend postponement of the adoption of the land use amendment and
rezoning until adoption of the amendments proceeding under Round 1-2005.
Feige 10
File Number: LUAR 04-006
Eoynton Village
The Police Department has utilized statistics from Cross Creek Plaza, a strip mall located at
1313 W. Boynton Beach Boulevard to project the service impacts of the small commercial uses
proposed in the project. Over a three-year period, the number of businesses In the plaza
ranged between 10 and 15 operating at anyone time. The statistical data Indicated that
businesses of a similar nature would generate approximately 81 calls for service. likewise,
statistical data from townhouses in the Sandalwood Community over a three-year period were
used to project the impacts of the 1,120 proposed dwelling units, which is estimated at 988
calls per year. These demands coupled with those of the adjacent Boynton Town Center
development indicate that an additional Uniformed Services patrol zone may have to be initiated
and manned to provide police services to the residents and businesses on the site. This will
require 4 additional police officers to man the new zone.
Fire-Rescue indicates that increases in population density and commercial development also
increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to
maintaining desired response time. It is imperative that Fire Station #4 Is completed and in
service prior to completion and occupancy of these new projects, and that Fire Station #5 be
expedited to insure adequate service delivery levels and effective response times in the
northeast section of the City and as a backup in the northwest section of the City. Approval of
new development projects involving multi-family or high-intensity commercial projects should
be contingent upon consideration of future upgrades In emergency dispatch capability.
Generally, Recreation and Open Space requirements are met in either of two ways: through
payment of the Recreation and Parks Development Impact Fee based on an ordinance last
amended in July 2002, or through land dedication based on a Comprehensive Plan standard of
6 acres per 1,000 population. In response to Comprehensive Plan Policy 9.C.3.4, cited above
under "Item a", the City Commission has requested land dedication.
The Recreation and Parks Department has determined that the Impact Fee for 1,120 residential
units would equal approximately $784,000, based on 1,120 units (472 townhouse units) and
648 condominium units). To date, it has not been determined how this amount would convert
to recreation acreage on the site; however, the dedication should not be counted toward the
required "usable open space".
Additionally, the Greenwavs/Bikewavs Plan calls for negotiation with developers to provide
green space and bikeway linkages throughout the City. Per the plan's recommendation, a 25-
foot wide bikeway is considered a minimum. As discuss~ in the Master Plan Overview, above,
the developer has proposed a *foot wide greenway along the E-4 Canal right-of-way and a
25-foot greenway along the C-16 Canal to Iin~Y"i!hth~ Renaissan~e Commons bikeways along
~ese cana1s-:- - - -- ---
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period. The School District of Palm Beach County has reviewed the application and
has determined that adequate capacity exists to accommodate the resident population. lastly,
drainage will also be reviewed in detail as part of site plan review, and must satisfy all
requirements of the city and local drainage permitting authorities.
Page 11
File Number: LUAR 04-006
Boynton Village
e. Whether the proposed rezoning would be compatfble with the current and future use
of adjacent and nearby properti~ or would affect the property values of adjacent or
nearby properties.
Compatibility has been discussed under "Item b". above. The development regulations for the
SMU zoning district contain restrictions on building heights and buffering requirements designed
to lessen any negative impacts of SMU developments on existing adjacent single-family
developments. In addition, the E-4 Canal, situated between the proposed project and the
single family neighborhood to the east, has a right-of-way 180 feet. The resulting development
would generally have a positive effect on property values of adjacent and nearby properties.
However, the roadway improvements, which have been suggested as necessary for the project
to be built out as designed, will have a negative impact on some properties, as discussed under
"Item d", above. There may be alternatives to the required road improvements considered,
such as a "CRALLS" designation, that will not have the same impacts; or a decision may be
made that the benefits of the completed project outweigh the general or isolated costs,
particularly if the costs are not borne by a governmental entity.
t. Whether the property is physically and economically developable under the existing
zoning.
The property is developable under existing land use designation and zoning. Given the
magnitude of commercial uses along this segment of the Congress Avenue corridor, it is
questionable if single-family residential development would be the most desirable use of the
property or would best accommodate population growth, while at the same time representing
the highest and best use ideally proportional service costs.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs
of the neighborhood and the city as a whole.
The scale of the proposed mixed use development is such that it can meet the policy directions
of the Comprehensive Plan, cited above under "Item al/, by providing a mixture of homes,
shops, and workplaces In walking distance of each other that are designed in a manner to be
sensitive to the characteristics of the site and to surrounding land uses, and at the same time,
keep a significant portion of the projected trips within the boundaries of the project.
h. Whether there are adequate sites elsewhere in the dty for the proposed use, in
districts where such use is already aI/owed.
Given the fact that the applicant is requesting a land use designation that is being considered
concurrent with this request for land use amendment, there are no other sites currently
available in the City with a Mixed Use-Suburban land use designation. There are no other sites
In the City of similar size and location to provide this opportunity for a sizeable mixed use
project.
CONCLUSIONS/RECOMMENDAnON~
As indicated herein, this request is consistent with the intent of the Comprehensive Plan;
however, there will be impacts on infrastructure, particularly roadways that may requIre phasing
Page 12
File Number: LUAR 04-006
Boynton Village
of the project and the impacts of infrastructure improvements on selected properties in the area
must be weighed against projected benefits to the Oty. In addition, the Increase in property
tax revenues, the additional housing opportunities, the recreation amenities, and the
concentration of density near the City's commercial hub must be weighed against the decrease
in level of Service on Congress Avenue and the additional traffic on Old Boynton Road.
The proposed land use amendment and rezoning will be compatible with adjacent land uses
and will contribute to the overall economic development of the City. Therefore, staff
recommends that the subject request be approved, provided that the master plan, as required
by the Suburban Mixed Use zoning regulations, is approved concurrently. If the Planning and
Development Board or the City Commission recommends conditionsr they will be included within
Exhibit "0".
AlTACHMENTS
S:\PlanNng\SHAAEO\Wp\PROJECTS\Boynton VIltagl!!-Boynton Town Center l\lUAA O+D06\STAFF REPORT UPDATE.doc
DCA OBJECTIONS ORIGINAL SOURCE RESPONSE
(REVIEW AGENCY)
Inconsistency with State Comprehensive Plan DCA Addressed by responding to
policies dealing with capacity of infrastructure to other objections, concerns and
support development and coordination of comments as listed
transportation improvements with state, regional
and local olans
Lack of analysis for availability of public facilities SFWMD (potable Provided by developer's
fOT the maximum development potential of the water facility capacity consultant
sites (sufficient capacity to maintain adopted analysis)
LOS)
Lack of traffic analysis for the maximum FOOT (also: impact on Provided by developer's
development potential of the sites (short- and long regional network and consultant
term impact on adopted LOS), necessary road State Highway System)
improvements
CONCERNS/COl\.1MENTS REVlE\'" AGENCY RESPONSE
Uses permitted in SMU include only residential FDOT Adjusted comprehensive plan
and commercial, excluding other possibilities language to include
(such as institutional, civic etc) "residential" and "non-
residential" categories
There is no explanation how the density and FDOT Adjusted comprehensive plan
intensity of uses are calculated language to include the method
of calculation
There is no determination of the minimum FDOT Adjusted comprehensive plan
density/intensity for each use language to include
minimum/maximum density
and intensity for residential
and commercial uses
No policies promoting transitltransit-oriented FDOT Policies promoting transit and
designs for SMU sites transit-oriented designs are
being introduced in the
Transportation Element in
conjunction with the TCEA.
Inconsistencies of road classifications between the FDOT Mistake on the part of FDOT
proposed BB map and PBC Future 2020 (admitted)
Functional Classification of Roads man
No FLUM amendments should be adopted before TCRPC The suggested roadway
amendments are made to the PB County Five improvements are not in the
Year Roadway Improvement Plan Dlan.
The City should consider designating the entire TCRPC The City staffhas made this
property as SMU suggestion; the developer
declined.
DCA - Department of Community Affairs
SFWMD - South Florida Water Management District
FDOT - Florida Department of Transportation
TCRPC - Treasure Coast regional Planning Council
LOS - level of service
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EXHIBIT "D"
ConmtionsofApprov~
Project name: Boynton Village
File number: LUAR 04-006
Reference' SMU
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Connnents: None X
PUBLIC WORKS- Traffic
Comments:
X
1. Provide a copy of a revised traffic analysis for this project. The traffic
analysis shall include impacts associated with full build-out of the project.
The provided analysis only considers Boynton Town Center and Boynton
Village and should include all required off-site improvements.
2. Minimum right-of-way width for the spine road shall be no less than 100 X
feet. The roadway classification for this roadway will be a Major Collector
at build-out and thus the specified riJ!:ht-of-wav width.
3. Please acknowledge that many ofthe off-site improvements referenced in X
the Traffic Impact Analysis prepared by Pinder Troutman Consulting, Inc.
will require acquisition of additional public right-of-way. Identify those
areas and address resulting impacts to urivate properties.
4. Provide preliminary road layout to illustrate lane alignment at the X
intersections of Congress/Old Boynton and Congress/Gateway. Include the
roadway widening impacts to the Renaissance Commons Phase VI and
show roadway re-configuration on Gateway Blvd. from Congress to Park
Ridge Rd. -
5. The developer shall provide a phased construction schedule based upon off X
site roadway improvements necessary to support each particular phase. The
phased construction schedule shall be based upon trips generated by each
land use in each phase.
UTILITIES
Comments:
6. Please provide an accurate timeline that clearly illustrates when water and X
sewer services will be required to serve the prOpOsed project. Your startinJ!:
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
date for the timeline should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This time line will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's cornoletion, so please be as accurate as possible.
7. Provide calculations showing that the proposed water mains will support the X
needed fire flows and demands.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate additional 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.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Conunents: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
10. Tabulations demonstratine the prowsed numbers and tvoes of dwelline X
DEPARTMENTS INCLUDE REJECT
units, square footages of commercial, office and other uses should be shown
on the individual parcels and tabular data of master plan.
II. Master plan shows approximately 5 acres for open space concentrated at X
southeast corner of project. Although individual site plans will be required
to show fult compliance with objectives/intent of SMU ordinance including
requirements for useable open space, this area is considerably smaller than
the total amount of useable open space required for the project. Either
expand the proposed recreation area to represent a greater portion of the
open space requirement, or alternatively, provide secondary open space
where originally proposed between lake parcel and eastern terminus of the
main street, and sized to at minimum provide for open vista to lake and
small gathering place. Remainder of required opens space can then be
represented, for example, by private recreation areas, the pedestrian
greenway, qualified green spaces and urban gathering spaces all to be
shown on the comprehensive site plan and individual site plans.
12. The 2nd traffic circle (easternmost) should be the prominent focal point. The X
alignment of the north/south intersecting roadway should be straight
through, as depicted on the westernmost traffic circle, providing ease of
movement and clear vision through the intersection.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHAREDIWPIPROJECrSlBoynton Village-Boynton Town Center I\LUAR Q4"()()6\SMU Master Plan\COA,doc
EXHIBIT "B"
ORC REPORT RESPONSES
DCA OBJECTIONS ORIGINAL SOURCE RESPONSE
(REVIEW AGENCY)
Inconsistency with State Comprehensive Plan DCA Addressed by responding to other objections,
policies dealing with capacity of concerns and comments as listed
infrastructure to support development and
coordination of transportation improvements
with state, re~ional and local plans
Lack of analysis for availability of public SFWMD (potable water Provided by developer's consultant
facilities for the maximum development facility capacity analysis)
potential of the sites (sufficient capacity to
maintain adopted LOS)
Lack of traffic analysis for the maximum FOOT (also: impact on Provided by developer's consultant
development potential of the sites (short- and regional network and
long term impact on adopted LOS), State Highway System)
necessary road improvements
CONCERNS/COMMENTS REVIEW AGENCY RESPONSE
Uses permitted in SMU include only FDOT Adjusted comprehensive plan language to
residential and commercial, excluding other include ''residential'' and ''non-residential''
p<>ssibilitiesJsuch as institutional, civic etc) categories
There is no explanation how the density and FDOT Adjusted comprehensive plan language to
intensity of uses are calculated include the method of calculation
There is no detennination of the minimum FDOT Adjusted comprehensive plan language to
density/intensity for each use include minimum/maximum density and
intensity for residential and commercial uses
No policies promoting transit/transit-oriented FDOT Policies promoting transit and transit-oriented
designs for SMU sites designs are being introduced in the
Transportation Element in conjunction with
the TCEA. Also FOOT has stated that these
can be addressed in a future amendment
round.
Inconsistencies of road classifications FOOT Mistake on the part of FOOT (admitted)
between the proposed BB map and PBC
Future 2020 Functional Classification of
Roads map
No FLUM amendments should be adopted TCRPC The required roadway improvements are not
before amendments are made to the PB in the County Five Year Roadway
County Five Year Roadway hnprovement Improvement Plan.
Plan
The City should consider designating the TCRPC Alternative to a land use designation, staff
entire property as SMU will ensure that cOlUlCctivity exists and,
setbacks, architectural design, and colors are
consistent between the two developments
DCA - Department of Commumty AffaIrs
SFWMD - South Florida Water Management District
FOOT - Florida Department of Transportation
TCRPC - Treasure Coast regional Planning Council
LOS - level of service
...~
XII. - LEGAL
ITEM A.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Finat Form Must be Turned
Meetinl! Dates in to City Clerk's Office
Requested City Commission
Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
December 20, 2004 (Noon)
o February I, 2005
18I February 15,2005
o March 1,2005
o March 15,2005
January 17. 2005 (Noon)
0 December 7, 2004
0 December 21, 2004
0 January 4, 2005
0 January 18, 2005
November 15,2004 (Noon.)
December 6, 2004 (Noon)
January 31, 2005 (Noon)
February 14,2005 (Noon)
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
February 28, 2005 (N~-:
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January 3, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Development Plans
o New Business
18I
o
o
Legal
Unfinished Business
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Presentation
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RECOMMENDATION: Please place this request on the February 15,2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission tabled this request on February I, 2005 to allow for reprocessing
of the legal notices. For further details pertaining to the request, see attached Department of Development Memorandum No.
PZ 04-138.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Town Center (LUAR 04-007)
Ruden, McCloskey, Smith, Schuster & Russell, P.A.
Klatt Family Limited Partnership
Northeast comer of Congress Avenue and Old Boynton Road
Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density
Residential (MoDR) to Local Retail Commercial.
Proposed use: Commercial retail development of :t2S.DO acres.
PROGRAM IMPACT: N/A
flSCALIMPACT: N/A
ALTERNATIVES: 41 A :~~ /1
Dove~~~w<
~.Ij'7:. ~
Planning and Zo~g . irector City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton VilIage.Boynton Town Center I\LUAR 04-OO7\Agenda ltem Request Boynton Village Town CtT LUAR04-
007 2nd tabled amend 2-I-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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City Manager's S ture
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THE SCHOOL DISTRI0.. A=
PALM BEACH COUNTY, FLORIDA
PlANNING DEPARTMENT
3320 FOREST HILL BLVD., G-331
WEST PALM BEACH, FL 33406-5813
(561) 434-8020 FAX: (561) 434-8187
ARTHUR C. JOHNSON, Ph.D.
SUPERINTENDENT .
May 18, 2004
Mr. Dick Hudson, Senior Planner
City of Boynton Beach
100 E. Boynton Beach. Blvd.
Boynton Beach, FL 33435
RE: CONCURRENCY DETERMINATION - CASE NUMBER #04043001C --BOYNTON
VILLAGE
Dear Mr. Hudson:
The Palm Beach County School District has reviewed the request for a Concurrency
Determination on the above referenced. project for 1,120 multi-family units.
Attached please find the approved Palm Beach County School District Concurrency
Application and Service Provider Form for Boynton Village. This Concurrency Determination
is valid for one (1) year from the date of issuance. Once a Development Order has been
issued for the project, the concurrency determination will be valid for the life of the
Development Order.
If yoy have any questions regarding this determination, please feel free to contact me at
(561) 434-7343.
David L. De Y oun
Planner
cc: Kim Glas-Castro, Ruden McClosky
enc.
s: \P lann i ng\Pu b I ic \INTER GO V\Concurrency\ConCllrrenc~ Determ i nation Letters\Concurrency\C4043 00 I .doc
AN t:aUAL OPPORTUNITY t:MPLOYER
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The School D~trlct of Palm llHch c-wtr
PIann!ntl Depa"'-'l
332Q Forest"lIhd. c-no
West Pelm BeecIl. Fl 33406-eItI
Phone: (561) ..~ or (M1) fI83.3I77
Fex (561) ..304-81117 or (M1) ..,....1..
,I AttenIIan: c:oncun-r
",
The School District of Palm Beach County
School Concurrency Application & Service Provider Fonn.
InstrUctions: Submit one 'copy of the coinpleted application and fees for each new resldentlll
project requIring a determination of concurrency for schools. A det~tIon will be provided wilt*I
fifteen (15) worIdng days of receipt of a comp\ete appI1catIon. A delenrination Is'not transferable end Is
valid for one year from date of Issuance. Once the DevelopmeFt Order Is Issued, the COl'lClmlI1CY
determination shall be valid for the life of the Development Order.
Please check (~ type of application (one only):
n1 CO~ Detennlnation [ ] Concummcy Exefup!lon [ ] Concurrency Eqldvalency
[ ] Adequate School Facilities Determination [ ] Letter of No Impact [ ] TIme ExtensIon.
F_: Concurrency Detem.lnotlon or Adequate School FeclltIes oe.ennlnallon ($200.00 for more than 20 un..'2O.....
or .... 5100.00): Equlvllency (5125.00): Exemption or letIer of.No Impact ($2I.OD); TIme Ex1enslon ($lUll)
_~B1.r~'~RB:O}E~i~l~f~}{B"Q~
Please attach a copy of fhuhe/.utldlvlslon plan, laSt recotWd Mrrenty deed and consent fonn
project Name: . B?ynton Village ~Un)Clpallty: Boynton Beach
Property Control Number (PCN): 08-43-45-20-oi-000-0680 and -0090 ,
~.
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.1.oc:atlon I Address of Subject Property: ~{B~~~o~f R~~~gTPAA Avpn".. Iln~
43
. ,If IIpp1ceble, pleaIe lI\Iech e Phasing Plan showlng \he'number end type ofunlls 1lI..c..ve cer1Ific:ate of occupeneyyur\r.
- A Restridivll CovenlInIIs nqWed for age-restrldecl c:ormaritIeI. . SA; C_ 2 <=:5 c;. ,
oWNERSHIP I AGENT INFORMAnON:
owner's Name: KlAtt Contract Purchaser: '1950 Gong:t'~ss
~:~I~~: :::::.: ~~~e~a~;yt~i~venue .18" :~: Glas-Castro
est a m each, b'L gg ,
Te)ephoneNumber:~':I,~_L.r:;b.? Fax Number: ';14-':1,442
Av:~nu~ :LLC
I hereby certify the statements or Inlonnation medl In en
baSI of my knowledge.
Ith ere true end cornet to lhe
~~3'0tf
Date .
Date Application Flied:
Reviewed By:
Old the Applicant pay the filing fee to you?
PetitIon Number:
TItle:
~~~~rrJ;.K~
Y S (pleese II\IaCh proof of payment)
NO (II no, the eppIlcanI musl pay the School DIslIIc:l.
The Sc:hooI Dislric:l wIl no! re-.iewwithoul peyment).
I verify that the project will comply with the adopted Level of Service (LOS) lor Schools subject to'the
attached conditiom
I cannot verify that the project will co
'ce (LOS) for Schools
S I \ ~ I 04
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PDSD 1991 (New 11106102)
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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 CenterlBoynton Village
Address: 1450 South Johnson Ferry Road, Suite 100
City: Atlanta County: State: GA ZIP: 30319
Phone: (404) 847-1600 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 t8j Renewal/Modiflcatlon 0 Permit No.:
5. Will this Permit be a General Permit (short-term dewatering; Chapter 40E-20.302 F.A.C ) t8j
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 TT ACH 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 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.
ATT ACH 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 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
threB 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 wen points
ATTACH Table A (for wells) and/or 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 (08103) PERMIT APPLICATION for DEWATERING Water Uses Page 1013
~U1t
ATTACH Calculations (on a separate sheet) to this Form
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,
etc.) 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 site in relation to adjacent roads/canals/open
water, property boundaries, sections/phases to be dewatered, discharge areas, wells, wellpoint
systems, pumps, areas of discharge, contamination areas, retention or settling tanks, etc. 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:
t8I Proof of Ownership ~ location Map
t8I Plan View ~ Profile View
o Table A for wells 181 Table B for pumps
~ Pumpage Calculations 0 Phase Inventory (if necessary)
t8I Application Fee (see Form XXXX) ~ Aerial Photograph
o Feasibility 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 appJlcation. 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 limiled partnership qualified 10 do business
in the state of Georgia as Sembler Family Partnership
#35 ltd. (L.P.)
By:
By: Sembler Relail. Inc., A Florida corporation its sole
general partner
Its:
Date
Vice President/Assistant Secretary
7/!?J/0.5
Form 0445 (08103)
PERMIT APPLICATION for DEWATERING Water Uses
Page 2 of 3
8
SOU~B FLOJlmA WAT2R ~ DISTRICT
ENVIRONMENTAL USomtCE PERMIT RO. 50-06808-P
DATE ISSUED: JUNE 8, 2005
...........1"
....-
PERMnTEf: 1950 CONGRESS AVENUE llC
(BOYNTON TOINN CENTER AND BOYNTON VILlAGE)
1450 S. JOHNSON FERRY ROAD,SUITE 100
ATlANTA,GA 30319
PROJECT DESCRIPTION: CONCEPTUAL APPROVAl OF A SURFACE WATER MANAGEMENT SYSTEM TO sERVE A 110.48 ACRE MIXED LAND USE
oevaoPMENT KNOWN IS BOYtffON BEACH TOWN CENTER AND BOYNTON V1LJ.AGE. AND CO~UCTION AND
OPERATION OF PHASE 1 (59.1 ACRES) WHICH INCLUDES THE MASTER SURFACE WATER MANAGEMENT SYSTEM AND
PROPOSED COMMERCIAl DEV8..OPMENTS.
PALM BEACH COUNTY. SECTION 20 TWP 4!S RGE 43E
See Spedal Condition No:1. See attached Rule 406-4.321. Aorida Admin\sll1lliVl! Code.
PROJECT LOCATION:
PERMIT DURATION:
Thit Permit ~ inued. punuant to Applica:t.lon No. 041115-18 I date. Octo~ 12S, 2004. Permittee qrees to hold and save the
South Florida Water MIIl1~eDt ot.trict a.od ite auccenors hatmleu from Ulyand an daInaga. claima or Uabilltb lIIhich may we
by reason of the conlltrtJctlan. operation. maintenance or uee of activities authorl.ced by this Permit. Thfa Permit ia i..us! under the
provlBiona of Cl'lapter 373 . Part rv Florida Statutes (F.S.), and the Operating Agreement Concerning hgulation Under Put tv,
Cho.pl~ 373 F.S.. between South Florida Watu Manqcm.ent District a.sui the D~nt of EnwirDnmental Protection. r.lI\lAnce
of this Permit eon.lINteI c:ertification or c:ompliamx 1lI'ith sta.te water quality staDdards where ,,~"ary pursuant to Scctlon 101.
Public Law 92-500. 33 use SeetlDn 1341 . unless this Permit is iaaucd purllulIlIt to the net improvement proviaiort* or Sub&ections
373.41411Itbl. 1.S., or as otheJWlae stated herein.
This Permit may be transferred pursuant to the appropriate provision. 0[ Chapter 373. F.S, and Sections 1OE-1.6107(11 and (2). and
<lOE-4.JSl(ll, (21, llnd (4), Florida Mminiatrati~ Code (FAC.). This Permit may be revoked, auapended, or m.odilled at any ~
pursuant to the apprDpriatc provillione Qf Chapter 373, 11.8. and ~ticm 'tOE-4.351[11. [21. and (4). F .A.C.
Thie Permit ahall be subject to the: Oenc:r-.l Conditions set farth in Rule 4OE--4.381, '..A.C., unla. waived. gr modified by the
Governing Bawd. The Application, and the Environu=ltal Resource Permit staff R('IIiew SUmmary of the Application, includlog
all conditions, and all plans and apcci!lcatiollll incorporated by reference, a.n II pan: of thia Permit. All ac:tmtiea II11tborlzed by
this Permit Ihall be imp1emen~d as lid eorth in the plana, Bpccificatiolll. and perfonnance criteria as set forth and incorporated
in the Environmental Rnource PmD!t Staff Review Summary. Within 30 uya ~ compJ.tl.llI1 of ronstruction Dr the pcnnittcd
activity, the Pumittee 8ha11 submit II written atatBmc:nt of complmDl'llUld certi.tication by II rqittered professiON! engineer Of other
appropriate indMdual, pursuant to tha appropriate proviaions of Chapter 373, F.B. _d section. 40E-4.36 I and 40lt-4.381, F ,A,C.
In the event the property ill told or otherwise conveyed, the Pc:rml.ttee will remaiD liable for compliance with uua Permit until transCIIr
ill apJmMld by the DI.strict purllWU)t to Rule 4QE-1.61D7, '.A.C.
SPECIAL AMD GENERAL CONDmONS ARE AS FOllOWS:
SEE PAGES 2 - 3 OF 6 (16 SPECIAl CONOmONS).
SEE PAGES 4 - 6 OF 6 (19 GENERAL CCN>lTIONS).
SOUTH FlORIDA WATER MANAGEMENT
DISTRICT. BY ITS GOVERNING BOARD
On ORIGINAL SIGNED BY:
By El.IlABlTH VEGUILLA
DEPUTY CLERK
PAGE 1 Of 6
60/t0'd 9689C8919S1
QJ.IY8S
lc:ll S00G-~-Nnr
PERMIT NO:
PAGE 2
SO-06BOB-P
OF 6
SPECIAL CONDITIONS
1. The conceptual phase of this permit shall expir~ on Jun~ 8, 2007.
The construction phase of this permit shall expire on ~une 8, 2010.
2. Operation of the surface water manaqe1tlent systl!Ill shall be the responsibility ot the
MASTER ASSOCIATION (HA~ter system). Within on~ year of permit issu.nce or
concurrent with th~ engineering c9rtification at construction completion, whichever
comaS first, th~ p~rmittee shall submit a copy of the recorded deed restriction5 (or
declaration of condominium, if applicable), a copy of the filed Article5 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 elQv : 8.5 feet NGVD. /8.5 FEET NGVD DRY SEASON.
4. The p9rmittee shall be responsible for the correction of any erosion, Shoaling- or
water quality problems that result from the construction or operation of the surface
water manaqatt.ent system.
5. Measure! shall bit taken du;::ing construction to insun~ that sedimentation and/or
turbidity viol~tion$ do not occur in the receiving water.
6. The District reserves the right to require that additional water quality treatment
methods be incorporated into the drainage system if such measur8S are !lhown to be
nece5~ary.
7.
Laklt side slopes shall be no steeper
two teet PQlow the control elevation.
2 feet below to 1 foot above control
shown on the plans.
S. Facilitie~ other than thosta stated herein shall not be constructed without an
approved modification of this permit.
than 4:1 (horizonta1:verticall to a depth of
Side !lopes shall be nurtured or planted from
elevation to insurQ vegetative 9ro~h, unl~ss
9. A stable, permanent and accessible elevation reference shall be established on or
within one hundred (100 l feet of all permitted discharge structul:QS no later than
the submission of the certification report. ThQ location of the elev~tion reference
mu~t be noted on or with the certification report-
10. The permittee shall provide routine maintenance of all of the component:! of the
surface water manageIllent system in order to remove all trapped sedilnents Idebris.
All materials shall be properly disposed of as required by law. Failur8 to properly
maintain the system may result in adverse tlooding conditions.
11. This permit is issued based on the applicantls submitted information which
reasonably demonstratw:s that advel:se water resource related impaots will not blil
caused by the completed permit activity. Should any adverse ~mp~cts caused by the
COlllPleted surface water managcaml!nt system occur. the District will require the
permittee to provide appropriate mitigation to the District or other impacted party.
The Oistrict will require the permittee to modify the surtacliI wat@r management
system. if necessary, to eliminate the cause of the adverse impacts.
12. Minimum building floor elevation: 1(.25 feet NGVD.
13. Minimum road crown elevation: 11.60 feet NGVD.
14. Prior to any future construction, the permittee shall apply for and :receive ~ permit
modification- As part of the permit applicat~on, the applicant for that phase shall
provide documentation verifying that the p:roposed construction is consistent with
the desiqn of the master surface water m&nagement system, including the land use and
60/V0. d 9689G89 I9S I
<IWM=lS
Ie: II SOOC-lZ-tfiI'
PERM1T NO: 50-D6B08-P
PAGE 3
OF 6
site qradinq assumptions_
15. No construction i~ authoriz~d until ~uch time a~ the permittee acquires title to all
the land within the proposed construction project.
16. Prior to the commencement of con$truction and pursuant to Subsection 40E-4 .101 (2).
F.A.C., thQ parmittee shall demonstrate ownership of th~ projQct .rea to the
District's Environmental Resource Compliance staff.
60/SB'd
9689G89l9S1
<1WM.::IS
CZ : II SOOG-LZ-NIlf
PERMIT NO: SO-06B08-P
PAGE 4 OF 6
GENBRAL CONDITIONS
1. All activities authorized by this permit shall be implemented .$ set forth in the
plans, specifications and performance 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. F.S.
2. This permit or a copy thQreof, cornpl"te with all conditions, attachment,:" exhibits,
and modifications shall be kept at the ~ork site of the pGll:,mitted activity. The
complete permit shall be available for review at the work. site upon request by
District staf!. The permittee shall require the contractor to review the complete
permit prior to co~~encement of the activity authorized by this permit.
3. Acti vi ties approved by this permit shall be conducted in a manner which does not
cause violations of State water quality s~andards. The permittee shall implement best
management practices for erosion and ~ollution control to prevent viol~tion of State
water quality standards. Temporary erosion control shall be implemented prior to and
during construction, and permanent control measures shall be completed within 7 days
of any construction activity. Turbidity barriers shall be installed and maintained
at all locations where the possibility of transferring suspended solids into the
receiving waterbody exists due to the permitted work. Turbidity barriers shall
r~ain in place at all locations until construction is completed and soils are
stabili~ed and veqetation has b~en 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 of
Environmental R~gulation, 1988), incorporated by reference in Rule 40E-4,091, F.A.C.
unless a project-specific erosion and sediment control plan is approved as part of
the permit. Thereafter the permittee shall blt respons ibl" for the removal of the
barrier:s. The permi ttelll shall. correct any erosion or shoaling that cau:sea adversli!
impacts to the water resources.
4. The permittee shall notify the District of the anticipated construction start date
within 3D days ot the date that ~his PQrmit is issued_ At least 48 hours prior to
commencement of activity authorized by this permit, the permittee shall submit to the
District an Environmental Resource Permit Con:struction 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 Shall submit
const;r;l,1ction status reports to the District on an annual basis utilizint; an annual
status report form. St<!t11s report forms shall be submitted the follo~inq June of
each year.
6. Within 30 days: after completion of construction of the permitted activity, thlll
permitee shall submit a writt~n statemlilllt of c:oll\pllltion and certification by a
professional engineer or othe~ individual authorized by law, utilizing the supplied
Environmental Rlilsource/Surface Water Management P~rmit Con$truc:tion
Compllttlon/certirication Form Number OBBIA, or Environmental Resource/Surface Wate:r:-
Management Permit construction Complation Certification - For Project~ Permitted
prior to October 3, 1995 Form No. 08B18, incorporated by ref~rence in Rl,1l~ 40E-l.659,
F.A.C. Thlil atatelllent of completion and csrtification shall be b~sed on onsite
observation of construction or review of as-built drawings for the purpose of
determininq if the work was completed in compliance with permitted plans and
specifications. This submittal shall aerve to notify the District that the syst<<m is
ready for inspection. Addi tionally, if deviation trom the approved drawings are
discovered durinq the certification process, the certification must be accompanied by
a copy of the .pproved permit drawinqs with deviations noted. Both the oriqinal and
revi.ed specifications must be clearly shown. rh. plans must be clearly labeled as
"as-built" or "record" drawings. All surveyed dimensions and elevations shall be
certified by a reqistered su~veyor.
7. The operation phase or this parmi t shall not become effective: until the plilrmittee
has complied with the requirements of condition (6) abov~, and submitted a reque~tt
60V90'd 968ge89t9St
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PERMIT NO: 50-06B08-P
PAGE 5 OF 6
tor conversion of Environmental Resource Permit from Construction Phase to Operation
Ph4se, Form No. 0920; the District determine~ the ~ystem to be in compliance with the
permitted plans and specifications; and the entity approved by the District in
accordance with sections 9.0 and 10.0 of the Bll.~i5 of Review for Environmental
Resource Permit Applications within the South E'lorida Water Management District,
accepts responsibility for operation and maintenance of the system. The permit shall
not be transferred to such approved operation and m2l;i.ntenance entity until the
operation phase of the permit become~ effective. Following inspection and approval
ot the permitted system by the District, the permittee shall initiate transfer ot the
p~rmit to the approved responsible operating entity it different from the permittee.
Until the permit is transferred pursuant to Section 40E-l.6107, F.A.C., the p~rmittee
shall be liable for compliance with the terms of tha PQrmit.
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 use of ~ite infra5tructure located within the area served by that
portion or phase of the ~ystem. Each pha5e 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 e~s.ment 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 rQcords and submitt~d to thli! Dist:dct along with any other
final operation and maintenance document:ll required by Section5 9.0 and 10.0 of the
Basis of Review for Environmental Resource Permit applications within the South
Florida Water M.n~gi!ment District, prior to lot or units sales or prior to the
cOillpletion ot the system, whichever comes first. Other documents 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
mU.!lt be received by the District when maintenance and operation of the system is
accepted by the local government entity. Failure to submit the appropriate final
documents will result in the permittee remaininq liable for carrying out maintenance
and operation of the permitted system and any other permit conditions.
10. Should .my other regulatory agency require change.s to the p~rmitt~d system, the
permittee shall notify the District in writing of the changes prior to implementation
so that a determination can be made whether a permit modl!ication is required.
11. This permit doe$ not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of ~ny ~ctivity approved
by this permit. This permit does not conVl!Y to the peX"Itli ttee or create in the
permittee any property right, or any interest in real property, nor does it .uthoriz.
any entrance upon or activities on property which is not owned or controlled by the
permittee, or convey ~ny rights Or privileges other than those specified in the
permit and Chapter 40E-4 or Chapter 40E-40, F.A.C..
12. The permittee is hereby advised that Sfilction 253.77, F.S. .!ltates that a person may
not COlllltlenClil any excavation, construction, or other activity involvin9 the use of
soverei;n or other lands of the. State, the title to which is vested in the Board of
Trustees of the Internal Improvement Trust Fund without obtaining the rQquired lease,
license, lilasement, or other form of consent authorizin; the propo~ed use. Therefore,
the permittee is responsible for obtaining any necessary authorizations from the
Board of Trustees prior to commencing activity on sovereignty lands or other _tate-
owned lands.
13. The permitte8 must obtain ~ Water Dse permit prior to construction dewaterinQ, unless
the work qualifies for a qaneral permit pursuant to Subsection 40E-20.302(3), F.A.C.,
also known as the "No Notice" Rule.
14. The permittee shall hold and save the District harmle!ls from any and all damaglilS,
claims, or liabilitie:s which ms.y arise by reason of the construction, alteration,
operation, maintenance, removal, abandonment or uae of any 5ystem &uthori~.d by the
60/ l.0' d 968'3G89 19S 1
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PERMIT NO: SO-0680B-P
PAGE 6 OF 6
permi t .
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 con$idt!red bindinq, unless Gl spec:i.tic condition ot this permit or il formal
determination under Section 373.421(2), F.S., provides otherwise.
16. Th~ permittee shall notify the Dhtrict in writinq within 3D day" of any "ale,
conveyance, or other trlln8fer of ownership or control of a permitted systeJn or the
real property on which the permitted ~ystem is located. ~ll transfers of ownership
or tran~fers of a permit are subject to the requirements of ~ule5 40E-l.6105 and 40E-
1.6107, F .A. C. . The p.rmi ttee transferring the permit shall remain liable for
corrective actions that may be required as a result of any violations prior to the
"ale, conveyance or other tran~fer of the system.
17. Upon reasonable notice to the pe;t"Illittee, District authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to
insure conformity with the plans and specifications approved by the permit.
lB. If historical or archaeological artifacts a're db covered at ~ny time on the project
site, the permittee shall immediately notify the appropriate District service center.
19. The permittee shall bmnediately notify the District in writing of any previously
submitted intorm4tion that ia later discovered to be inaccurate.
60/80' d 9689G89t9St
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ENVIRONMENTAL RESOURCE PERMIT
CHAPTER 40E-4 (10/95)
4OE~.J21
Dumlon of Permits
(1) Unless revoked or otherwise modified the duration of an environmental resource permit
issued under this chapter or Chapter 401:-40, F.A.C. 1$ as follows:
(a) For a 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 iln individual or standard general
perm~ is flIed for any portion of the proJ~t. If an apptication for an environmental resource permit is filed,
then the conceptual approval remains valid until final action is taken on the environmental resource permit
applialtion. If the application is granted, then the conceptual approval is vslid for an additional two years
from the date of issuance of the permit. Conceptual Bpprovals which have no Individual or standard
general environmental resource permit applications filed for a period of two years shell expire
automatically at the end of the two year period.
(b) For a conceptual approval filed concurrently with a development of regional impact (DRI)
appliCation for development approval (ADA) and a local government comprehensive plan amendment, the
duration of the conceptusl approval shall be two years from WhIchever one of the following OCCUI'$ at the
latest date:
1. the effective date of ~ local govemmenfs comprehensive plan amendment
2. the effectiVe date of the local government development order,
3. the date on whieh 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.
(c) For an individual or standard ~neral environmental resource permit, five y~rs from the
date of issuance or such amount of time 8S made a condition of the permit.
(d) For a noticed general permit issued pursuant to chapter 40-E-400, F.A.C., five yeara from
the date the notice of Intent to use the pennlt Is provided to the Oll.triet
(2){a) Unless prescribed by special penn It condition, permits expire automatically according to
the timeframes Indicated in this rule. If application for extension Is made in writing pursuant to subsection
(3), the permit shall remain in full fcrct) and effect until: .
1. the Governing Board takes .dion on an application for extension of an individual permit.
or
2. stiff takes action on an ilPplication for extension of a standard general permit
(b) Installation of the project outfall structure shall not const:mJte a vesting of the permit
(3) The permit extension shall be issued provided that a permittee files a written request with
the District showing good cause prior to the expiration of the permit For the purpose of this l1.lle. good
cause shall meim a set of extenuating circumstances outside of the control of the permittee. Requests for
extensions, which shaH include documentation of the extenuating circumstances and how they have
delayed this project, will not be accepted more than 180 days prior to the expiration date.
(4) Substantial modlbtlon!5 to Conceptual Appravala will extend the duration of the
Conceptual Approval for two years from the date of issuance of the modification. For the purposes gf this
section. the term .substantial rnodIfidation" shill I mean a modification Which is reasonably expected to
lead to substantially different water resource or envtronmental Impacts which require a det8iled revle.....
(5) Substantial modifications to individual or standard general environmental resource
permits issued pursuant to a permit application e$nd the dunltion of the permit for three years from the
date of issuance of the modification. IndiVIdual or standard general environmental resource permit
modifications do not extend the duration or a conceptual approval.
(6) Permit mod ifaeatlon 5 IsSued pursuant to subsectJon 40E-4.331 (2)(b), F.A.C. (letter
modifications) do not elCtend the duration of 8 permit
(7) Failure to complete construction or deration of the surface water management system
and obtain opel'lltlon phase approval from the DiStrict within the penn!t duration shall require a new permit
authorization in order to continue construdion unleas a permit extension is granted.
specllIc authority 313.044, J73.113 F.B. Lavt ImplM1en*' 373.413, 373,.'8, 373.4111. 373.428 F.S. HIstory--New 9-3-81.
AmellCIed 1..31-82, 12-1-82, Formtrly 161(.4.D7(4), Amendecl7-1-88, 4I2OIV4, Amended 7-1.ae, 4120194, ,0-3-95
60/60 . d 9689G89t9St
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PROJECT NAME: Boyiiion Village
LOCATION: NE corner of Old Boynton Rd & Congress Ave.
PCN: 08-43-45-20-01-000-0680 & 08-43-45-20-00-000-0090
I FILE NO.: NWSP 05-004 II TYPE OF APPLICATION: I
AGENTICONTACT PERSON: OWNER: The Klatt Family Limited
Chris Ralph P.E. - Kimley-Horn & Partnership #1 and Klatt Enterprises, Inc.
Associates. ADDRESS: 9290 Nickels Blvd.
ADDRESS: 601 21st Street FAX:
Vero Beach, FL 32960 PHONE:
FAX: 772-562-9689
-
PHONE: 772- 794-4088
Date of submittal/Proiected meetine: dates:
SUBMITT AL I RESUBMITT AL 10/13/04
1 ST REVIEW COMMENTS DUE: 11/3/04
PUBLIC NOTICE: Applicant Onlv Applicant Mailout, affidavit, photos to the Citv
Clerk: 12/18/04
TRC MEETING: 11/30/04
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 12/28/04
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 1/4/05
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village NWSP 05-004\2004 PROJECT TRACKING INFO.doc
(), .
City Codes Accessed Via Website
www.bovnton-beach.org
www.amlellal.com/bovnton beach fl
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN
Has applicant attended a pre-application meeting? Yes
Date September 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. GENERALlNFORMATION
1. Project Name: Boynton Village
2. Property Owner's (or Trustee's) Name: The Klatt Family Limited
Partnership #1 and Klatt Enterprises. Inc.
Address: 9290 Nickels Blvd. Rnynt-rm R~r1.....h, Fl
Phone:
Fax:
33425
(Zip Code)
3. Applicant's name (person or business entity in whose name this application is made):
1950 Congress Avenue, LLC
Address 14t)O South Johnson Ferry. "Road. Suite 100
Phone: 404-847-1800
Fax: . 404-847-1818
(Zip Code)
4.
If contract purchaser, please attach contract for sale and purchase. . ~ J
BtSS€U-- C. tyl(rf.t/SO/v PG"
Agent's Name (person, if any, representing applicant): Qh....i."l "R.dl(pll! "P F-. I
C 0 Kimle -Horn and Associates
Address: ttt~l~~?~"f.r;,~:I. ~r;PAlM8 I n ~
-S-&l-8+~-o~b (Zip Code) .
Phone: ::J.:l...2.-:l94 49gB- Fax: 772 562 9689
~6{-~b~ .~2,-
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 purchaser/ Developer
7. Street address of location of site:
NE Corner of Old Boynton Road and Congress Ave.
8. Property Control #(PCN) 08-43-45-20-01-000-0680 & 08-43-45-20-00-000-0090
9. Legal description of site: ~pp rlrrrlC'npn
10. Intended use(s) of site: mixed use (retail, office, residential)
11. Architect: P;pppr n'Rr;pn Hprr Arr-n;rpC't-!::
12.
Landscape Architect:
Kimlev-Horn & Associates
13. Site Planner:
Kimley-Horn & Associates
14. Engineer: Kimley-Horn & Associates
15. Surveyor: WSP Consultants, Inc. Surveyors & 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: Mi xed use-suburban
2. Zoning District: SMU
3. Area of Site 35_16 ~Q acres 1,531,636 sq. ft.
4. Land Use -- Acreage Breakdown:
a. Residential, including 35.16 Ac acres 100% % of site
surrounding lot area of grounds
b. Recreation Areas * J. '77 acres- --- 7.88% % of site
(excluding water area: ' - -
c. Water Area h 6A acres 1 q OO!k % of site
d.
Commercial ....,22.57 ac
acres
64.20%
% of site
e.
Industrial
N/A
% of site
acres
f.
Publicll nstitutional
% of site
N/A
acres
g.
h.
Public, Private and Canal rights-of-way N I A
% of site
acres
N/A
N/A
Other (specify)
Other (specify)
site
% of site
acres
i.
%of
acres
j. Total area of site 35. 1 6 ac 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
courts.
site
a.
Ground floor building 1 70 , 774
area ("building footprint")
11 .15%
% of site
acres
b.
Water area
1q oo~
% of site
fi fiR Ar.
acres
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 4 en acres 3 9 . 9 % of
d.
Total impervious area 20. 71 Ac
58.9%
% of site
acres
e. Landscaped area 3 _ 83 Ac acres 1 O. 89% % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f.
b.70
1Q Oh
% of site
Other landscaped areas,
-acres
I
g. Other pervious areas;mcludingLgolf"course,- natural areas, yards, and swales, but excluding
water areas 1\1 I "A acres % of site
h. Total pervious areas 1 n i:\ ~ acres ?Q Q i:\5k % of site
i.
Total area of site
100%
% of site
acres
35.19
6. Floor Area
a. Residential 40,R15 sq. ft.
b. Commercial/Office N/A sq. ft.
c. I ndustriallWarehouse 1\1/"A sq. ft.
.
d. Recreational DI/A sq. ft.
e. Public/Institutional N/A sq. ft.
f. Other (specify) 1\1/"A sq. ft.
g.
h.
Other (speci!... N I"A
sq. ft.
sq. ft.
Total floor area 40.815
7. Number of Residential Dwellina Units
a.
Single-family detached
sq. ft.
b.
Duplex
sq. ft.
c.
(1)
(2)
(3)
(4)
Multi-Family (3 + attached dwelling units)
Efficiency
1 Bedroom
2 Bedroom
3+ Bedroom
dwelling units
dwelling units
dwelling units
dwelling units
eg
fiO
d.
Total multi-family
dwelling units
1 ?R
e. Total number of dwelling units 12R
8. Gross Density 3. e 4 dwelling units per acre
9.
Maximum height of structures on site
feet
stories
74
:1
10. Reauired off-street parkina
Calculation of required # of
off-street parking spaces.
170,774 sf x 5sp/1000sf=637
a.
Off-street parking spaces
provided on site plan
=
516
=
=
b.
Calculation of required #
of handicap parking spaces
2% of total
Number of handicap
spaces provided on site plan
21
=
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\ffiLER FAM1LY PARTNERSHIP 1135, LID., a Flonda lio1Jled partnershIp qualifIed to do business In the Slale of GeorgIa 1135, Lid. (L.P.)
By. Sembler Rewll. loe.. a Flonlla corporallon liS sole general partner
By.
Its:
Jeffrey S. Fuqua,
Vice Presidenl! Assistant Seoetary
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 FMflLY PARTNERSHIP 1135, LID., a Florida limited partnership qualified to dobusmess In the Stale of Georgia 1135, Lid. (L.P.)
By: Sembler Retail. Joe., a Florida corporation its sole general partner
By:
Its; '.
Jeffrey S. Fuqua,
Vice President! Assistant Secretary
Date: 1/) II? IDe(
f (
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 APPLlCA liON
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.
t? -Mday of 0 ( fobfr
READ, ACKNOWLEDGED AND AGREED TO this
Wit?:~ tl/~
,2001
- f/r;( 11
Witness
g!z/()r;-
By: SEMBLER FAMILY
PARTNERSHlPff35, LTD.
a Florida limited partnership :jualified to
do business
in the State of Georgia as Sembler
Family Partnership
II 35, Ltd. (L.P.)
By: Sembler Retail, Inc., a Florida
corporation its sol 1
general partner '/'1'/
,,71 /
By: /
Its:
","
.' ey S. Fuqua,
esidem/ A ssislam Secretary
/D/I~/O~
f '
Date:
~
CONCURRENCY REQUIRE....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~xemption rules are tentative and will t.. "..c:iubject 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 col~<'4Cl elevation drawing (not mounted) sh" wing 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
AGREEMENT FOR PURCHASE AND SALE
THIS AGREEMENT is entered into by KLATT ENTERPRISES, IN c., a Florida
corporation (HEnterprises"), and THE KLATT FAMILY LIMITED P ARTNERSJDP #1, a
Florida limited partnership (HPartnership") (collectively "Sellei'), and COMPSON
ASSOCIA TES, IN c., 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
HEnterprises Property"). The Partnership Property and the Enterprises Property are sometimes
berein,after collectively described as the "Property!' SeUer 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 ("Effective Date") of this
Agreement shall be the tenth (101h) calendar day following the date of execution hereof 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 hereby acknowledged, the parties
hereto hereby covenant and agree as follows.
AGREEMENT:
I. Purchase and Sale.
Subject to aU 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 malie any representations to Buyer with respect to the size or configuration of the Property and
it is Buyer's responsibility to satis1)r 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. (HEscrow Agent") the sum of . /f
Page I of 22 ~
J:\7\CUENTS\KLATl\s3Id063CTCS\AGREEMENT FrNAL COMPSON.DOC b
.s-2l~)
I
THE KLA'IT FAMILY LIMITED
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
da~L7;zE:
. .' ~ ..
BIll R. Wmchester, otmg Trustee
By: Klatt, Inc., a Florida corporation,
Its: General Partner .
BY:'& f/J/~ 1-1 ~
. B~inchester ~
Its: President
Elsie A. Winchester, Voting Trustee
Date: 5- ~ ~ -~~
BUYER:
COMPSON ASSOCIATES. INC.. a
Florida corporation
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\CLlENTS\KlA TI\salel 06acn:s\AGREEMENT FINAL COMPSON.DOC
5-21"{))
!;'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 (Jess 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 06acres\AGREEMENT FINAL COMPSON.DOC
5.21..{l)
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 NOIlOO ($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.
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 Webslte
www.bovnton-beach.olll:
www.amIClZaI.comlbovnton 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-application meeting? Yes
Date September 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 Village
2. PropertyOwner's(orTrustee's)Name:The Klatt Family Limited
Partnership #1 and Klatt Enterprises, Inc.
Address: 9290 Nickels Blvd. Rnynt-nn Rpr!rn, Fl
Phone:
33425
(Zip Code)
Fax:
3. Applicant's name (person or business entity in whose name this application is made):
1950 Congress Avenue, LLC
Address 14110 South Johnson Ferry. Road. Suite 100
Phone: 404-847-1800
Fa~ .404-847-1818
(Zip Code)
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant): Chris Ralph P. E.
c/o Kimlev-Horn and Associates
Address: 601 21 st St. Vero Beach.FL 32960
(Zip Code)
Phone: 772-794-4088 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 purchaser/ Developer
~
7. Street address of location of site:
NE Corner of Old Boynton Road and Congress Ave.
8. Property Control #(PCN) 08-43-45-20-01-000-0680 & 08-43-45-20-00-000-0090
9. Legal description of site: ~pp ;:)t-t-;:)("'l1pn
10. Intended use(s) of site: mixed use (retail. office. residential)
11. Architect: P;pppr n'Rr;pn Hprr Ar("'l1;t-P("'t-~
12.
Landscape Architect:
Kimlev-Horn & Associates
13. Site Planner:
Kimley-Horn & Associates
14. Engineer: Kimley-Horn & Associates
15. Surveyor: WSP Consultants, Inc. Surveyors & 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: Mi xp-d use-suburban
2. Zoning District: SMU
3. Area of Site :3 5. 16 Ac-
4. Land Use -- Acreage Breakdown:
acres
1,531,636
sq. ft.
a.
Residential, including 35 . 1 6 Ac
surrounding lot area of grounds
Recreation Areas * J. I 7
(excluding water area; .'
acres
100%
% of site
b.
acres- ---
7.88%
% of site
c.
Water Area
h h8
acres 1 Q nn~
% of site
d.
Commercial ,",,,, 22.57 ac acres ,Ii 64.20% % of site
Industrial N/A acres % of site
Publicll nstitutional N/A acres % of site
Public, Private and Canal rights-of-way N/A acres % of site
Other (specify) N/A acres % of site
Other (specify) N/A acres %of
site
e.
f.
g.
h.
i.
j. Total area of site 35. 1 6 ac 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
courts.
site
a.
Ground floor building 1 70 , 774
area ("building footprint")
11 .15%
% of site
acres
b.
Water area
19 oo~
% of site
h hR AC'.
acres
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 4 0 1 acres 39 . 9 % of
d.
Total impervious area 20. 71 Ac
56.9%
% of site
acres
e. Landscaped area :3 . 6:3 Ac acres 1 O. 69% % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f.
b.70
1q Of>
% of site
Other landscaped areas,
crcres
g. Other pervious areas; ii1cludi ngLgolrcourse,- natural areas, yards, and swales, but excluding
water areas N / A acres % of site
h. Total pervious areas 10 t; 1 acres ?q q t;~ % of site
i.
Total area of site
100%
% of site
acres
35.19
6. Floor Area
a. Residential 40,815 sq. ft.
b. Commercial/Office N/A sq. ft.
c. I ndustrial/Warehouse N/-a sq. ft.
.
d. Recreational ~T/A sq. ft.
e. Publicllnstitutional N/A sq. ft.
f. Other (specify) N/-a sq. ft.
g.
h.
Other (speci",,/. N I ~
sq. ft.
sq. ft.
Total floor area 40.815
7. Number of Residential Dwellina Units
a.
Single-family detached
sq. ft.
b.
Duplex
sq. ft.
c.
(1)
(2)
(3)
(4)
Multi-Family (3 + attached dwelling units)
Efficiency
1 Bedroom
2 Bedroom
3+ Bedroom
dwelling units
dwelling units
dwelling units
dwelling units
a8
fiO
d.
Total multi-family
12A
dwelling units
e. Total number of dwelling units 12A
8. Gross Density 3. a 4. dwelling units per acre
9.
Maximum height of structures on site
feet
1
stories
74
10. ReQuired off-street parkina
a.
Calculation of required # of
off-street parking spaces.
Off-street parking spaces
provided on site plan
170,774 sf x 5sp/1000sf=637
b.
=
516
=
=
Calculation of required #
of handicap parking spaces
2% of total
=
Number of handicap
spaces provided on site plan
21
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 FAMlL), PARTNERSHIP 1135, LTD., a Florida limited parmershlp qualif.ed to do business In the Stale of Georgia # 35, LId. (L.P.)
By. Sembler Retail, Inc.. a FJomla corporalion ils sole geneJal paJmer
By:
Its:
Jeffrey S. Fuqua,
Vice PresidentJAssisGlnl Secretary
Dale 10 I / ~ jo l.(
. I
e e y designate the above-signed person as (my) (our) authorized agent in regard to
's application.
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 FMflLY PARTNERSHIP #35, LTD., a Florida limited partnership qualified to do business in the Slale of Georgia # 35, Lid. (L.P.)
By: Sembler ReGlil, Inc., a Florida corporation ils sole general parmer
By:
lis:' "
Jeffrey S. Fuqua,
Vice President! Assistant Secretary
Dale: /Q liZ/Or(
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 f?-Mday of Or fohfr ,2001
~~~ ~ ~ ~ 1r:?",/~~-fI1ftl
Witness Applicant /1f9tot f
Witness
By: SEMBLER FAMILY
PARTNERSHIP #35, LTD.
a Florida Iimiled 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 sol /
general partner
Its:
I
ey S. Fuqua,
sidentl Assistant Secretary
/0 /Ia/ocf
, .
By:
Date:
CONCURRENCY REQUIRE:mENTS
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 L~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 colb.ed elevation drawing (not mounted) 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
"", "
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T R EA S'U'f{ij~ F.41 'C~, ih~,N:4:p ~A'NN I N G <:"0 U NfCti '
1l\l.Q! &N':-'l~ E~ .~ ~ii\~- pit;~ B";::A c H(;~'tlt~:. ihrcn~;~-
, '
MEMORANDUM
To:
Mr. Michael Rumpf
Planning & Zoning Director
City of Boynton Beach
Peter G. Merritt (0.....
Regional Ecologist \J /I' L-
From:
Date:
November 22,2004
Subject: Notice of Permit Application No. 041115-8
Boynton Town Center and Boynton Village
Attached is a notice of application for an environmental permit to conduct dredge and fill
or similar activities within or adjacent to your community. We are disseminating this
information for your review and comment.
The information provided with this notice is very brief, but you may contact the
permitting agency directly for further information if needed in order for you to assess the
impacts of the proposed activities on your community.
If the proposed activities are not consistent with your comprehensive plan or other locally
adopted plans or regulations, or if you have any other comments, please submit them to
the permitting agency by the deadline date indicated in the attached materials. We would
also appreciate receiving a copy of any comments you may have for our files.
Attachment
\"n,-",', ~"~-'i,-'fr~0: '~ -b:
Ii \" \ r'~-'-'-"" ,'..,. ! !! ' .
\ ',;:
i i\ i 1 ir"'!'
'[ \ \ 'i ~ l ~',~:'tJ\' '
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\ r [, ".~ ,1." i ~ . ',' ,
"Bringing Communities Together" · Est. 1976
101 East Ocean Boulevard - Suite 100 - Stuart, Florida 14..4
Phone (772) 221-4'" - SC 2"-4'" - Fax (772) 221-4"7 - E-m ail - adminlliltcrpc.orr-
c'
"
'.,.,.,
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL W ATS 1-800-432-2045 . TDD (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
nit:;," ,~-., ~,"__ . "...
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NOV,,,,,,,"
, ,'"I I'/int.
NOTICE
REG/DNA' '. ,~~!.\:,,;
L. PLANNI(~G ("J' lJI J "
~, "ell
November 17, 2004
Subject:
Environmental Resource Permit Application
Application No. 041115-8
Applicant 1950 Congress Avenue, LLC
Palm Beach County, S 20fT 45 SIR 43 E
The South Florida Water Management District is currently processing the attached application. If
you have any comments or objections concerning this project, please submit them in writing to
this office within 30 days of receipt of this notice.
This is also an opportunity for applicable State agencies to concur with or object to the proposed
project under the federal consistency provision of the Coastal Zone Management Act. Review
must be in accordance with the procedures adopted by the Interagency Management Committee
on October 25, 1989. Findings of inconsistency must describe how the project conflicts with your
agency's statutory authorities in the Florida Coastal Management Program and provide
alternative measures, if any, which would make the project consistent. Commenting agencies
must provide a copy of all consistency comments letters to the Florida Coastal Management
Program Director, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100.
Please refer to the applicants name and application number as referenced above in any
correspondence to help facilitate processing. Questions concerning this project should be
addressed to Rob Robbins at (561) 682-6951 or Tony Waterhouse at (561) 682-6867.
BAC:rd
Attachments
c: US Army Corps of Engineers
Fish and Wildlife Conservation Commission/Bureau of Protected Species Management
Department of State, Division of Historical Resources
Regional Planning Council
Department of Community Affairs
Palm Beach County DERM
:\1/.
GOVERNING BOARD
EXECUTlV[ OtHCr
Nicolas J. Gutierrez, Jr., Esq., Chair
Pamcla Bwoks- Thomas, Vice-C/w;r
Ircla M. Bague
Michael Collins
Hugh M. English
Lennart E. Lindahl, P.E.
Kevin McCarty
Harkley R. Thornton
Trudi K. Williams, P.E.
Henry Dean, EXCll/tit'e Pircdo}'
{} 4 1 .< 1 5 ~.l'l>' <"1 P
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OWNER{S) OF LAND ENTITY TO RECEIVE PERMIT (IF OTHER THAN OWNER)
NAME The Klatt Family Limited Partnership #1 and NAME 1950 Congress Avenue LLC
Klatt Enterprises, Inc.
ADDRESS 9290 Nickels Blvd. ADDRESS 1450 South Johnson Ferry Road, Suite 100
CITY, STATE, ZIP Boynton Beach, FL 33425 CITY, STATE, ZIP Atlanta, GA 30319
COMPANY AND TITLE COMPANY AND TITLE 1950 Congress Avenue, LLC clo
Richard Foreman
TELEPHONE ( ) TELEPHONE (404) 847-1800
FAX ( I FAX (404) 847-1818
AGENT AUTHORIZED TO SECURE PERMIT (IF AN AGENT CONSULTANT (IF DIFFERENT FROM AGENT)
IS USED)
NAME Chris Ralph, P.E. NAME
COMPANY AND TITLE Kimley-Horn and Associates, Inc. COMPANY AND TITLE
ADDRESS 601 21st Street, Suite 400 ADDRESS
CITY, STATE, ZIP Vero Beach, FL 32960 CITY, STATE, ZIP
TELEPHONE (772) 562-7981 TELEPHONE ( )
FAX (772) 562-9689 FAX ( )
Name of project, including phase if applicable Boynton Town Center and Boynton Village
Is this application for part of a multi-phase project? [gJ yes D no
Total applicant-owned area contiguous to the project 106.5 ac
Total project area for which a permit is sought 106.5 ac
Impervious area for which a permit is sought 85.2 + 1- ac
What is the total area (metric equivalent for federally funded projects) of work in, on, or over
wetlands or other surface waters?
0.4 acres _ square feet - hectares _ square meters
Number of new boat slips proposed. N/A
Project location (use additional sheets, if needed)
County(ies) Palm Beach County
Section(s) 20 Township 45 South Range 43 East
Section(s) _ Township _ Range _
Land Grant name, if applicable _
Tax Parcel Identification Number 08-43-45-20-01-000-0680 & 08-43-45-20-00-000-0090
Street address, road, or other location NE corner of Old Boynton Road and ConQress Ave.
City, Zip Code if applicable Boynton Beach, FL 33437
2
Describe in general terms the proposed project, system, or activity.
The 106.5 ac proposed project includes the development of two land use categories within the
City of Boynton Beach. A 24.889 acre commercial area designated as C-3 that will support
approximately 250,000 SF of retail and the remaining 81.606 acres designated as Suburban
Mixed Use (SMU) that will support approximately 159,000 SF of a combination of retail and
office space as well as 1,120 residential units. A master stormwater system will be
constructed during Phase 1 to provide the required water quality treatment and attenuation for
the entire 106.60 acre site. Phase 1 will include the construction of 19.92 ac. of the C-3
parcel (excluding outparcel development), a 35.16 ac. area of the SMU parcel (excluding
outparcel development) and all on-site lakes. Due to the size, location and configuration of the
other surface waters (OSW) on the existing site, the Phase I development will result in
unavoidable OSW impacts. Approximately 0.4 acres of OSW will be filled as a result of the
proposed construction.
The remaining areas of the project will be rough graded for future development and connection
to the master storm water system.
If there have been any pre-application meetings, including at the project site, with regulatory
staff, please list the date(s), location(s), and names of key staff and project representatives. N/A
Please identify by number any MSSW/Wetland resource/ERP/ACOE Permits pending, issued or
denied for projects at the location, and any related enforcement actions. N/A
Agency
Date
No.\Type of Application
Action Taken
Note: The followinq information is required only for proiects proposed to occur in, on or over
wetlands that need a federal dredqe and fill permit and/or authorization to use state owned
submerqed lands and is not necessary when applyinq solely for an Environmental Resource
Permit. Please provide the names, addresses and zip codes of property owners whose property
directly adjoins the project (excluding applicant). Please attach a plan view showing the owner's
names and adjoining property lines. Attach additional sheets if necessary.
1. 2.
3.
4.
3
By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and any
proprietary authorizations identified above, according to the supporting data and other incidental information filed with
this application. I am familiar with the information contained in this application and represent that such information is
true, complete and accurate. I understand this is an application and not a permit, and that work prior to approval is a
violation. I understand that this application and any permit issued or proprietary authorization issued pursuant
thereto, does not relieve me of any obligation for obtaining any other required federal, state, water management
district or local permit prior to commencement of construction. I agree, or I agree on behalf of my corporation, to
operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a
responsible operation entity. I understand that knowingly making any false statement or representation in this
application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001.
1950 Conaress Avenue ~lC . cia Jeffrev S. FUQua
Typed/Printed ~arrij1!',6f Applicant (If no Agent is used) or Agent (If one is so authorized below)
.~-- .:' /
Signature of A~Plf~n~~/" .'
Vice President/~istant Secretary
(Corporate Title if applicable)
AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOllOWING:
I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the
agent in the processing of this application for the permit and/or proprietary authorization indicated above; and to
furnish, on request, supplemental information in support of the application. In addition, I authorize the above-listed
agent to bind me, or my corporation, to perform any requirement which may be necessary to procure the permit or
authorization indicated above. I understand that knowingly making any false statement or representation in this
application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001.
Date
Typed/Printed Name of Applicant
Signature of Applicant/Agent
Date
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(Corporate Tole if applicable) ;. ~::~:o fL> ~ 1>,,, C~ p'L. ,,01 ,'" cd ~ u~" ;,,\k.
Please note' The aDDlicant's orioinal sianature Inot a CODV\ is reauired above
PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOllOWING:
I either own the property described in this application or I "'@!I'/e 15~l!!1 a~tl ,5, it) 18 all~.. Mae-55 t8 t"'e J3r81'el"tr, anc!-+
consent, after receiving prior notification, to any site visit on the property by agents or personnel from the Department
of Environmental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for
the review and inspection of the proposed project speCified in this application. I authorize these agents or personnel
to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to
provide entry to the project site for such agents or personnel to monitor permitted work if a permit is granted.
1950 Con re s venue llC cia Jeffre
Typed/Printe91, ame)>f Applicant
,--~~l-. ! / /..
Signature 11.1 :'~plic1nt(M'ent
. . l / /'
Vice Presi ent/Assistant Secretary (Corporate Title if applicable)
/
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/ / ;/('/
Date'
4
FOR AGENCY USE ONLY
DEP/WMD Application #
Date Application Received
Fee Received
ACOE Application #
Date Application Received
Proposed Project Lat. _ ~ _ ~ _ ~
$
Fee Receipt
Proposed Project Long. _ ~ _ ~ _!,l
#
SECTION A
Are any of the activities described in this application proposed to occur in, on, or over wetlands or other
surface waters? [g] yes D no
Is this application being filed by or on behalf of a government entity or drainage district?
Dyes [g] no
A. Type of Environmental Resource Permit Requested (check at least one)
o Noticed General - include information requested in Section B.
o Standard General (Single Family Dwelling)-include information requested in Sections C and D.
o Standard General (all other projects) - include information requested in Sections C and E.
o Individual (Single Family Dwelling) - include information requested in Sections C and D.
~ Individual (all other projects) - include information requested in Sections C and E.
o Conceptual - include information requested in Sections C and E.
o Mitigation Bank Permit (construction) - include information requested in Section C and F.
( If the proposed mitigation bank involves the construction of a surface water management
system requiring another permit defined above, check the appropriate box and submit the
information requested by the applicable section. )
o Mitigation Bank (conceptual) - include information requested in Section C and F.
B. Type of activity for which you are applying (check at least one)
~Construction or operation of a new system including dredging or filling in, on or over
wetlands and other surface waters.
o Alteration or operation of an existing system which was not previously permitted by a WMD
or DEP.
o Modification of a system previously permitted by a WMD or DEP. Provide previous permit
numbers.
DAlteration of a system D Extension of permit duration D Abandonment of a
system
o Construction of additional phases of a system D Removal of a system
C. Are you requesting authorization to use State Owned Lands. Dyes [g] no
(If yes include the information requested in Section G.)
D. For activities in, on or over wetlands or other surface waters, check type of federal
dredge and fill permit requested:
D Individual D Programmatic General
D General [g] Nationwide D Not Applicable
E. Are you claiming to qualify for an exemption? Dyes [g] no
If yes provide rule number if known._
SECTION C
Environmental Resource Permit Notice of Receipt of Application
This information is required in addition to that required in other sections of the application. Please
submit five copies of this notice of receipt of application and all attachments with the other required
information. PLEASE SUBMIT ALL INFORMATION ON PAPER NO LARGER THAN 2' x 3'.
Project Name: Boynton Town Center and Boynton Village
County: Palm Beach County
Owner: The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc.
Applicant: Richard Foreman, Sr. Development Manager, 1950 ConQress Avenue LLC
Applicant's Address: 1450 South Johnson Ferry Road, Suite 100, Atlanta, GA 30319
1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the
boundary of the proposed activity. The map should also contain a north arrow and a graphic
scale; show Section(sl. Township(sl. and Range(s); and must be of sufficient detail to allow a
person unfamiliar with the site to find it. A Location Map (Figure 1) and a USGS Quadrangle Map
(Figure 2) are enclosed.
2. Provide the names of all wetlands, or other surface waters that would be dredged, filled,
impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would
otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida
Water or Aquatic Preserve: Drainage received by adjacent Lake Worth Drainage District Canals
(Boynton Canal C-26 and LWDD Canal E-4). Other surface water (OSW) was observed on the site
and is classified as (FLUCFCS 510, Streams and Waterways). This feature is a man-made, 0.40
acre, linear agricultural ditch. The OSW is not considered to be an Outstanding Florida Water and
it is not part of an Aquatic Preserve.
3. Attach a depiction (plan and section views), which clearly shows the works or other facilities
proposed to be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show
the location and type of works. See attached plans.
4. Briefly describe the proposed project (such as "construct a deck with boatshelter", "replace two
existing culverts", "construct water management system to serve 150 acre residential
development"): Construct a storm water management system to serve a 106-acre commercial
and residential development in Boynton Beach, Florida.
5. Specify the acreage of wetlands or other surface waters, if any, that are proposed to be
disturbed, filled, excavated, or otherwise impacted by the proposed activity: One (1) other
surface water (OSW) was observed on the site and is classified as (FLUCFCS 510, Streams and
Waterways). This feature is a man-made, 0.40 acre, linear agricultural ditch that transverses the
center of the site from west to east. The ditch is surrounded by a spoil bank along its length and
contains no hydrologic connection at either terminus. Water ponds at various locations
throughout the ditch and contains a mix of citrus, Brazilian pepper (Schinus terebinthilolius), wax
myrtle (Myrica cerifera), and torpedo grass (Panicum repens). As a result of the proposed
construction the 0.40 - acres of OSW will be filled.
6. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other
surface waters (attach additional sheets if necessary): N/A. Mitigation is not proposed for the
impacts associated with filling the 0.4 acre OSW located on the subject property.
FOR AGENCY USE ONLY
Application Name:
Application Number:
Office where the application can be inspected:
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Coale, Sherie
From:
Sent:
To:
Subject:
Lee, Rick
Monday, November 01,20044:11 PM
Coale, Sherie
BOYNTON VILLAGE
IN ADDITION TO THE STANDARD COMMENTS, NOTIFY THEM THAT ANY BUILDING OVER 30' IN HEIGHT WILL
REQUIRE A FIRE SPRINKLER SYSTEM.
1
~
Coale, Sherie
From:
Sent:
To:
Cc:
Subject:
Majors, Wally
Tuesday, November 02, 2004 8:41 AM
Coale, Sherie
Johnson, Eric
Site Plans Boynton Town Center I and Boynton Village
The Recreation and Parks Department has reviewed the plans for the Boynton Town Center Project. The following
comments are submitted:
Recreation Facilities Impact Fee - NA
There is no residential development identified as part of this project. Therefore, the impact fee does not apply.
I also reviewed the plans for the Boynton Village. Although the plans show no residential development, I was informed by
Planning Department staff that the project will include 128 multi family units. Therefore, the Recreation Facilities Impact
Fee is calculated as follows:
128 multi-family units @ 656 ea = $83,968
The fee is due at the time of the first building permit for this phase.
Furthermore, the Department assumes that the developer is providing no recreation amenities for this project. We
recommend some type of outdoor recreation amenity such as a playground, or open playfield that would contribute to a
better quality of life for the residents. Additionally, considering the density of this and adjacent projects, the Department
recommends that the developer provide bikeways and bike racks as part of the project.
Wally
1
TRC Memorandum
Page I of2
.....
Coale, Sherie
From: Hallahan, Kevin
Sent: Tuesday, November 02, 2004 3:09 PM
To: Breese, Ed
Cc: Coale, Sherie
Subject: Boynton Terrace 1 - TRC Review comments-amended item #10 only
Planning Memorandum: Forester I Environmentalist
To:
Ed Breese, Principal Planner
From:
Kevin J. Hallahan, Forester / Environmentalist
Subject:
Boynton Village
New Site Plan - 1st Review
NWSP 05-004
Date:
November 2, 2004
Map of Boundary and Topographic Survey-Sheet 1 of 1
Existing Trees Management Plan
I. 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, Chapter 7.5, Article I Sec. 7.D.p. 2.]
Landscape Plan
Sheet LA-2
2. All shade and palm trees on the Plant list (C-3) must be listed in the specifications as a minimum
of 12'-14' height, 3" diameter at DBH (4.5' off the ground), and Florida #1 (Florida Grades and
Standards manual). This includes the multi-trunk species. The height of the trees may be larger than
12' -14' to meet the 3" diameter requirement. [Environmental Regulations, Chapter 7.5, Article II
Sec. 5.C. 2.p.1O]
3. The landscape design should include installation of City signature trees (Tibochina granulosa) at
all ofthe project ingress/egress locations. [Environnemental. Regulations, Chapter. 7.5, Article II
Sec. 5.C.2 p. 10]
4. All of the shrubs, hedges and groundcover plants should include the height and spread at time of
planting. [Environnemental. Regulations, Chapter. 7.5, Article II Sec. 5.CA p. 10]
5. The note "All existing vegetation to be removed" should be taken off of this sheet.
1 1 /') /') flflLl.
TRC Memorandum
Page 2 of2
..
-
Landscape Plan
Sheet LA-3
6. The details section for the Tree and Palm Planting Detail should include a line indicating where
the height of the tree and the caliper @ dbh (4.5' off the ground) will be measured at time of
planting and inspection.
7. The details section for the Shrub and Groundcover Planting Detail should include a line indicating
where the height and spread of the plant will be measured at time planting and inspection.
8. Revise the note that all utility boxes or structures (not currently known or shown on the plan)
should be screened with Coco plum hedge plants on three sides.
9. The mulch note should be changed to say 3" Pine Bark Nuggets mulch to be used on the Large
and Small Tree planting detail.
10. The applicant should show an elevation cross-section detail indicating how the height of the
proposed landscape material will visually buffer the proposed parking lot facility from the Congress
Avenue and Old Boynton Road rights-of-way.
Irrigation Plan-No Irrigation plan included in the submittal
11. The irrigation system design (not included in the plans) should be low volume water
conservation using non-portable water.
12. Turf and landscape (bedding plants) areas should be designed on separate zones and time
duration for water conservation.
13. Trees should have separate irrigation bubblers to provide water directly to the root ball.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.]
Kjh
11 /? /?004
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
~
TO:
Michael W. Rumpf DATE:
Dir. of Planning & Zoning
10/26/04
FILE: NWSP 05-004
FROM:
Off. John Huntington
Police Department
CPTED Practitioner
SUBJECT: Boynton Village
REFERENCES: Site Plan
ENCLOSURES:
I have viewed the above building plans and have the following comments:
Please provide direction of traffic and signage around rotaries.
~.
~
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 04-245
Ll!f"of Acronvms/Abbreviations:
ASCE - American Society of Civil
Engineers
CBB - City of Boynton Beach
CBBA - Boynton Beach Amendments
CBBCO - City of Boynton Beach
Code of Ordinances
CBBCPP - City of Boynton Beach
Comprehensive Plan Policy
CFR - Code of Federal Regulations
EPA - Environment Protection Agency
FBC - Florida Building Code
FIRM - Flood Insurance Rate Map
F.S. - Florida Statutes
LOR - Land Development Regulations
NEC - National Electric Code
NFPA - National Fire Prevention Assn
NGVD - National Geodetic Vertical
Datum of 1929
SFWMD - South Florida Water
Management District
FFPC - Florida Fire Prevention Code
I
TO: Ed Breese
Principal Planner
FROM: Timothy K. Large ~
TRC Member/Buil~sion
DATE: November 1, 2004
SUBJECT: Project - Boynton Village
File No. - NWSP 05-004 - 1st review
We have reviewed the subject plans and recommend that the request be forwarded for Board
review with the understanding that all remaining comments will be shown in compliance on the
working drawings submitted for permits.
Buildino Division (Site Specific and Permit Comments) - Timothv K. Laroe (561) 742-6352
1 Please note that changes or revisions to these plans may generate additional comments.
Acceptance of these plans during the TRC process does not ensure that additional
comments may not be generated by the commission and at permit review.
2 Indicate within the site data the type of construction of each building as defined in 2001
FBC, Chapter 6.
3 Indicate within the site data the occupancy type of each building as defined in 2001 FBC,
Chapter 3.
4 The height and area for buildings or structures of the different types of construction shall be
governed by the intended use or occupancy of the building, and shall not exceed the limits
set forth in Table 500 of the 2001 FBC.
5 Place a note on the elevation view drawings indicating that the exterior wall openings and
exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that
clearly reflect the percentage of protected and unprotected wall openings permitted per
2001 FBC, Table 600.
6 Every exterior wall within 15 feet of a property line shall be equipped with approved
opening protectives per 2001 FBC, Section 705.1.1.2.
7 Buildings, structures and parts thereof shall be designed to withstand the 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.
S:\Development\Building\ TRC\ TRC 2004\Boynton Village Page 1 of 4
I
8 Every building and structure shall be of sufficient strength to support the 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.
9 Add to all plan view drawings of the site a labeled symbol that represents the location and
perimeter of the limits of construction proposed with the subject request.
10 At time of permit review, submit signed and sealed working drawings of the proposed
construction.
11 On the site plan and floor plan, indicate the number of stories that are in each building
including, where applicable, mezzanines. Indicate the overall height of each building.
12 Add to each building that is depicted on the drawing titled site plan and floor plan a labeled
symbol that identifies the location of the handicap accessible entrance doors to each
building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3.
13 As required by LDR, Chapter 4, Section 7, submit a floor plan drawing. The building plans
are not being reviewed for compliance with the applicable building codes. Therefore, add
the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on
sheet/s . However, add to the floor space drawing a labeled symbol that
identifies the location of the handicap accessible entrance doors to each building. The
location of the doors shall match the location of the accessible entrance doorl that are
depicted on the site plan drawing.
14 Add a labeled symbol to the site plan drawing that represents and delineates the path of
travel for the accessible route that is required between the accessible parking spaces and
the accessible entrance doors to each building. The installed symbol, required along the
path, shall start at the accessible parking spaces and terminate at the accessible entrance
doors to each building. The symbol shall represent the location of the path of travel, not the
location of the detectable warning or other pavement markings. The location of the
accessible path shall not compel the user to travel in a drivellane area that is located
behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The
minimum clear width of an accessible route shall be 36 inches, except at curb ramps that
are part of a required means of egress shall not be less than 44 inches). Add text to the
drawing that would indicate that the symbol represents the accessible route and the route is
designed in compliance with 2001 FBC, Section 11-4.3 (Accessible Route) and 11-4.6
(Parking and Passenger Loading Zones). Please note that at time of permit review, the
applicant shall provide detailed documentation on the plans that will verify that the
accessible route is in compliance with the regulations specified in the 2001 FBC. This
documentation shall include, but not be limited to, providing finish grade elevations along
the path of travel.
15 Vertical accessibility to the second floor area shall be required per the 2001 FBC, Sections
11-4.1.2, 11-4-1.3(5) (New Construction) and Section 11-4.1.6 (Alterations).
16 On the drawing titled site plan identify the property line.
S:\Development\Building\ TRC\ TRC 2004\Boynton Village
Page 2 of 4
....
17 As required by the CBBCO, Part III titled "Land Development Regulations", submit a site
plan that clearly depicts the setback dimensions from each property line to the leading edge
of the buildings. The leading edge of the buildings begins at the closest point of the
overhang or canopy to the property line. In addition, show the distance between all the
buildings on all sides.
18 CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore,
be used for landscape irrigation where other sources are readily available.
19 A water-use permit from SFWMD is required for an irrigation system that 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.
20 If capital facility fees (water and sewer) are paid in advance to the City of 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 numberls 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.
e. The total amount paid and itemized into how much is for water and how much is for
sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
21 At time of permit review, submit separate surveys of each lot, parcel or tract. For purposes
of setting up property and ownership in the City computer, provide a copy of the recorded
deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit
review.
22 Add a general note to the site plan that all plans submitted for permitting shall meet the
City's codes and the applicable building codes in effect at the time of permit application.
23 Pursuant to approval by the City Commission and all other outside agencies, 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.
24 The full address of the project shall be submitted with the construction 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.
25 Show the proposed site lighting on the site and landscape plans. (LRD, Chapter 4, Section
7.B.4) If possible, provide photo metrics as part of your TRC plan submittals.
26 Detectable warnings on walking surfaces shall comply with 2001 FBC, Section 11-4.29.2.
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27 The parking garage shall comply with the 2001 FBC, Section 11-4.1.2(5)(b) for handicap
accessibility.
28 The parking garage shall be sprinklered or comply with F.S. 553.895(2).
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-178
TO:
FROM:
Michael W. Rumpf, Director, Planning and Zoning
Laurinda Logan, P.E., Senior Engineer ~
November 3, 2004
DATE:
RE:
Review Comments
New Site Plan -1st Review
Boynton Village
File No. NWSP 05-004
The above referenced Site Plans, received on October 15, 2004, was reviewed for Public Works,
Engineering, and Utilities against the requirements outlined in the City of Boynton Beach Code of
Ordinances. Following are our comments with the appropriate Code and Land Development
Regulations (LDR) referenced.
PUBLIC WORKS - GENERAL
1. Prior to permit application contact the Public Works Department (561-742-6200) regarding
the storage and handling of refuse per the CODE, Article II, Section 10-26 (a).
2. Provide a dumpster enclosure per the LDR, Chapter 2, Section 11.J.2.b.
3. Provide a minimum turning radius of 60 ft. to approach the dumpster. Provide a minimum
backing clearance of 60 ft. (measured from the front edge of the dumpster pad.) (LDR,
Chapter 2, Section 11.J.2.b.)
4. Inadequate backing clearance is provided at the dumpsters for Building "F" and "G".
Reorient to provide a minimum of 60 ft. backing clearance.
5. No dumpster or compactor is shown for Building "L". How will Solid Waste be handled?
6. Excessive backup is required for the dumpster serving Buildings "E", "H", and "I". Relocate
dumpster accordingly.
7. No dumpster or compactor is shown for Outparcel 7. How will Solid Waste be handled?
PUBLIC WORKS - TRAFFIC
8. A traffic analysis was provided in conjunction with the Master Site Plan submittal.
Deficiencies exist in this analysis that must be addressed prior to approval of this site plan.
Dept. of Public Works, Engine'efing Division Memo No. 04-178
RE: Boynton Village, New Site Plan - 1 st Review, NWSP 05-004
November 3, 2004
Page 2
9. On the Site and Civil plans, show and identify all necessary traffic control devices such as
stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not
Enter" signage, etc. Delineate and stripe the "Loading Area" (where applicable - LDR,
Chapter 2, Section 11.J); include a pavement message in yellow indicating "No Parking -
Loading Zone". See City Standard Drawings "K" Series for striping details.
1 O. Off-site improvements are indicated on the plans as "By Others." These improvements will
be required as part of this project's construction. Provide off-site improvement plans.
ENGINEERING
11. Add a general note to the Site Plan that all plans submitted for specific permits shall meet
the City's Code requirements at time of application. These permits include, but are not
limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation.
Permits required from other permitting agencies such as Florida Department of
Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth
Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm
Beach County Health Department (PBCHD), Palm Beach County Engineering Department
(PBCED), Palm Beach County Department of Environmental Resource Management
(PBCDERM) and any others, shall be included with the permit request.
12. All comments requiring changes and/or corrections to the plans shall be reflected on all
appropriate sheets.
13. Please note that changes or revisions to these plans may generate additional comments.
Acceptance of these plans during the TRC process does not ensure that additional
comments may not be generated by the Commission and at permit review.
14. This plan depicts primarily building construction and associated parking. The plan appears
to depict infrastructure construction and off-site improvements without identifying how or
when they will be constructed. Major driveways, drainage, utilities and off-site
improvements shall be planned and phased so that all improvements are in-place to support
building construction.
15. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter 4, Section
7.B.4.) No lighting is depicted for Outparcel 7. Please provide photometrics as part of your
TRC plan submittals - it is much easier to identify and correct any deficiencies now than
while you are waiting on a permit!
16. It may be necessary to replace or relocate large canopy trees adjacent to light fixtures to
eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section
A.1.b).
17. The Pink Trumpet trees specified between Outparcels 5 and 6, on the north side of the
driveway, are too close to the edge of the roadway, posing a vertical conflict with high profile
vehicles such as Solid Waste or delivery trucks. Additionally three of these canopy trees
are on top of proposed storm sewer. Generally no trees are allowed within a drainage
easement.
Dept. of Public Works, Enginee'rIng Division Memo No. 04-178
RE: Boynton Village, New Site Plan -1st Review, NWSP 05-004
November 3, 2004
Page 3
18. Staff recommends the use of the cultivars High Rise or Cathedral for the Live Oaks
specified in the landscape islands in Outparcel 7.
19. Be consistent with the use of symbols for the various trees and shrubs. For instance, on
Sheet LA-2 the same symbol is used for both TH and SM. Also two different symbols are
used for TH. Please provide a legend for the planting symbols.
20. Live Oaks are specified within small landscape squares in the larger parking areas. Staff
recommends not planting large canopy trees in areas too small to support their future health
and growth.
21. The Live Oaks specified along the spine road are too close to the edge of roadway - posing
a vertical conflict with high profile vehicles. A minimum height of 14 feet to the bottom of the
canopy is required. Additionally use of a root barrier is strongly recommended to prevent
heaving of the sidewalk, curb & gutter, and roadway as the trees mature.
22. Per the LOR, Chapter 7.5, Article II, Section 5.C.2. Ficus species are not permitted.
23. Correct the note on the Landscape Plan, that within the sight triangles there shall be an
unobstructed cross-visibility at a level between 2.5' and 8' above the pavement (LOR,
Chapter 7.5, Article II, Section 5.H.)
24. Note 11, Sheet C-4, states that Kimley-Horn is making assumptions about the ultimate
drainage outfall. The City sincerely hopes that the Engineer of Record is not guessing
about how his drainage design will work.
25. Provide an engineer's certification on the Drainage Plan as specified in LOR, Chapter 4,
Section 7.F.2.
26. Full drainage plans, including drainage calculations, in accordance with the LOR, Chapter 6,
Article IV, Section 5 will be required at the time of permitting.
27. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate grate, rim and
invert elevations for all structures.
28. Paving, Drainage and site details will not be reviewed for construction 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.
UTILITIES
29. Please provide a timeline that clearly illustrates when water and sewer services will be
required to serve the proposed project. Your starting date for the timeline should be the
date of City Commission approval. Also provide milestone dates for permit application, the
start of construction, and the setting of the first water meter. This timeline will be used to
determine the adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible.
30.
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Dept. of Public Works, Engine~ng Division Memo No. 04-178
RE: Boynton Village, New Site Plan -1st Review, NWSP 05-004
November 3, 2004
Page 4
31. No utility plan was included with this submittal; therefore the Utilities Department considers
this plan incomplete as submitted. However, the proposed Site Plan is an existing site
located within the Utilities' service area, and is located where utility support is available. We
are providing only a cursory review of the proposed site plan as submitted at this time.
Additional comments will be generated after a utility plan has been submitted.
32. All utility easements and utility lines shall be shown on the site plan and landscape plans (as
well as the Water and Sewer Plans) so that we may determine which appurtenances, trees
or shrubbery may interfere with utilities. In general, palm trees will be the only tree species
allowed within utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in the foreseeable
future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to
remove any trees that interfere with utility services, either in utility easements or public
rights-of-way.
33. Palm Beach County Health Department permits will be required for the water and sewer
systems serving this project (CODE, Section 26-12).
34. Fire flow calculations will be required demonstrating the City Code 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)).
35. The LOR, Chapter 6, Article IV, Section 16 requires that all points on each building will be
within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan
meets this condition, by showing all hydrants.
36. The CODE, Section 26-34(E) requires that a capacity reservation fee be 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.
37. Water and sewer lines to be owned and operated by the City shall be included within utility
easements. Please show all proposed easements on the engineering drawings, using a
minimum width of 12 feet. The easements shall be dedicated via separate instrument to the
City as stated in the CODE, Section 26-33(a).
38. This office will not require surety for installation of the water and sewer utilities, on condition
that the systems be fully completed, and given to the City Utilities Department before the
first permanent meter is set. Note that setting of a permanent water meter is a prerequisite
to obtaining the Certificate of Occupancy.
39. A building permit for this project shall not be issued until this Department has approved the
plans for the water and/or sewer improvements required to service this project, in
accordance with the CODE, Section 26-15.
40. PVC material not permitted on the City's water system. All lines shall be DIP.
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Dept. of Public Works, Engine~r1ng Division Memo No. 04-178
RE: Boynton Village, New Site Plan -1st Review, NWSP 05-004
November 3, 2004
Page 5
41. Appropriate backflow preventer(s) will be required on the domestic water service to the
building(s), and the fire sprinkler line if there are any, in accordance with the CODE, Section
26-207.
42. The LOR, Chapter 3, Article IV, Section 3(0) requires Master Plans to show all utilities on or
adjacent to the tract. The plan must therefore show the point of service for water and
sewer, and the proposed off-site utilities construction needed in order to service this project.
43. The LOR, Chapter 3, Article IV, Section 3(P) requires a statement be included that other
utilities are available and will be provided by the appropriate agencies. This statement is
lacking on the submitted plans.
44. Utility construction details will not be reviewed for construction 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.
LL:jam
Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
Peter V. Mazzella, Deputy Utility Director, Utilities
H. David Kelley, Jr., P.E./ P.S.M., City Engineer, Public Works/Engineering (via e-mail)
Glenda Hall, Maintenance Supervisor, Public Works/Forestry & Grounds Division
Larry Quinn, Solid Waste Manager, Public Works/Solid Waste
Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail)
File
S:\Engineering\Office Associates File\Logan\04-178 Boynton Village Site Plan.doc
BOYNTON VILLAGE
NWSP 05-004
1st Review Planning
November 2, 2004
The master site plan (sheet C3) should include graphics and data for all three projects (Cortina at
Boynton Village, Town Center, and Boynton Village) because all three projects are linked
together on the 106.6-acre parcel known as the "Winchester" property. Please revise the master
site plan to show graphical and tabular data for all three (3) projects.
Submit a traffic impact analysis prior to the Technical Review Committee meeting. The analysis
must include all uses and intensities for the entire 106.6-acre property because this site plan is
liked to the Boynton Town Center (NWSP 05-003) and Cortina at Boynton Village (NWSP 05-
001) projects. The analysis must be approved by the Palm Beach County Traffic Division for
concurrency purposes (Chapter 4. Section 8.F.). The proposed uses and intensities on the traffic
study must be consistent with the proposed uses and intensities itemized on the master plan (sheet
C3).
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The master site plan (sheet C3) should indicate the total gross project acreage and net buildable
land area in acres and square feet (Chapter 4, Section 7.E.1.). Staff recommends itemizing each
of the three (3) site plans as an individual phase, regardless of zoning district. For example,
Cortina at Boynton Village could be labeled Phase One, Boynton Town Center could be labeled
as Phase Two, and Boynton Village could be labeled as Phase Three. Please note that project
phasing can easily be changed during the permitting process so this staff recommendation should
not be viewed as an impediment to project build-out.
The master site plan (sheet C3) shall clearly indicate the separate of the SMU and C-3 zoning ~
districts.
The master site plan (sheet C3) should itemize the total number of proposed residential units,
non-residential floor area, landscaped open space, vehicular use areas, other paved areas, building
(lot) coverage, number and ratio of required and provided off-street parking spaces, water bodies,
building height based on both 106.6 acres and on 38.14acres (Chapter 4, Section 7.E. and
Chapter 2, Section 11.R.a.7.).
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The Suburban Mixed-Use zoning district requires 20% usable open space for Multi-famliy..//
dwelling units (Chapter 2, Section 5.RA.). On the master site plan (sheet C3) or on a separate
plan, show the "usable open space" so that staff can determine code compliance. If shown on the
master site plan (sheet C3), do not include the 24A acres of the Boynton Town Center (NWSP
05-003) project because this property is zoned C-3. Please note that Single-family attached
developments require 30% usable open space. This information must be consistent with the
usable open space derived from the master plan (LUAR 04-006). Row will this relate to the
single-family attached development of Cortina at Boynton Village?
On the master site plan (sheet C3), the line thickness of the perimeter of the property should be /"
greater than the line thickness of the project phase line, which in turn, should be a different line
thickness than the edge of the pavement for the Spine Road or the line thickness for the
outparcels. All outparcels are a component of the master site plan and therefore, their
information should be included as such. Please revise the master site plan to show more order
and varying line thickness to easily distinguish between each graphical element.
The master site plan tabular data (sheet C3) is incorrect (regarding the landscape requirement for
interior parking areas). The plan indicates the requirement is based on 20 square feet, however /'
the code requires that each separate landscape area shall contain a minimum of 25 square feet
(Chapter 7.5, Section 5.G.).
On the master site plan (sheet C3), the tabular data and the graphic do not match regarding the
proposed amount of "retail" space. The tabular data indicates 120,250 square feet whereas, when -----
counted, the graphic data shows 112,075 square feet. This discrepancy between the two (2) must
be rectified.
The master site plan and site plan (sheet C3 and C4) fail to show adequate pedestrian connections
between this project (Boynton Village) and the other two (2) projects (Cortina and Town Center).
Revise the plan (show signage, striping, pedestrian refuge islands) to ensure pedestrian
connections are maintained throughout the entire 106.6 acres (Chapter 6, Article IV, Section
9.T.).
Once a master plan has been approved in a SMU district, the designated parcels may be platted as
a boundary plat for the purposes of a sale to a 3rd party purchaser. Each parcel that is platted will
be subject to technical site plan approval as provided in the City's code. This boundary plat may
be processed simultaneously with the SMU master plan or a SMU master plan modification
(Chapter 2, Section 11.H.15.).
The site plan (sheet C4) requires more detail (i.e. setback lines, colonnades and their supporting
columns, sidewalk locations, traffic control markings) pursuant to Chapter 4, Section 7.B.
The site plan should indicate proposed fences and walls, including their dimensions, setbacks,
material, and color(s) pursuant to Chapter 4, Section 7.B.3. Provide a detail of any walls or
fences, including their dimensions, exterior finish, and color(s) (Chapter 4, Section 7.D.).
On the site plan (sheet C4), show the location(s) of the mailbox kiosk(s). ______
Will an on-site lift-station be required as a result of this development? If so, show its location on
the site plan (sheet C4).
Is a pool/recreation area proposed for the residential component of this project? ~
The project must obtain approval from the School District of Palm Beach County regarding
school concurrency.
Abandonment and rededication of easements must be recorded prior to issuance of a building
permit for the project.
The dimensions of the roadway (pavement), drive aisles, back-up areas, and rights-of-way are
subject to the Engineering Division of Public Works' review and approval.
The Spine Road, as shown on the master site plan and site plan (sheet C3 and C5), should directly
correspond to Spine Road shown on the master plan (from LUAR 04-006), in terms of its
configuration, location, and dimensions.
On the site plan tabular data, indicate the proposed floor-area-ratio (excluding the garages) to
ensure compliance with Chapter 2, Section 5.HA.
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Condominium buildings, such as these, must be at least 100 feet in length on all building sides
--(:Chapter 2, Section 5.H.). This requirement would apply to the east and north building sides.
The site plan tabular data (sheet C4) should accurately indicate the number of required parking
spaces. Please note that parking for mixed-use developments may utilize shared parking ratios,
consistent with those prepared by the Urban Land Institute or an equivalent traffic engineering or
land planning and design organization. Supporting documentation form this standard book shall
be presented with a shared parking analysis (Chapter 2, Section 5.H.7.a.). Nonetheless, the
required parking methodology will be as follows:
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Proposed Uses
Required
Parkin
102
120
561
50
833
Please com lete
Provided
Parkin
68 One-bedroom units
Net Difference
Please com lete
Please complete
Please complete
Please com lete
Please com lete
The master site plan tabular data (sheet C3) should accurately indicate the number of required
parking spaces. The required parking for all three (3) projects is as follows:
-
Proposed Use
5 spaces per area
1/200
1/200
Required
Parkin
117
120
944
10
1686
50
2,927
Please com lete
Provided
Parkin
Net Difference
Please complete
Please com lete
Please complete
Please com lete
Please com lete
Please com lete
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Provide a scaled drawing clearly illustrating proposed building floor plan for all buildings,
including each floor of the parking garage (Chapter 4, Section 7.D.). Gross building area does
not include balconies.
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On all elevations, indicate the dimension of the mean height level and the peak of the roof for
every building. Also, label each building with its respective identification, orientation, and
direction. For example, the elevation sheet for Building "F" should indicate the following:
Building "F" front (north).
Buildings "K" and "I" are required to be at least two (2) stories tall and a minimum of 35 feet in
height (Chapter 2, Section 5.HA.). Conditional use approval is required for any building or
portion of a building that is less than 35 feet in height. The intent of the code is to have two (2)-
story buildings face Congress Avenue. Please submit the paperwork and pay the applicable fee
for conditional use approval. However, rather than request conditional use approval, staff
recommends re-arranging the square footage around of Buildings "J" and "H" so that Buildings
"K" and "I" would be complete two (2)-story structures.
Include a color rendering of all elevations at the Technical Review Committee meeting (Chapter
4, Section 7.D.).
All elevation pages shall indicate the exterior finishes, roof material, paint manufacturer's name,
and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). Also,
provide color swatches and awning samples.
The intent of the SMU zoning district, where possible, is to border or wrap the garage in
storefronts and other permitted habitable floor area so as to disguise the garage and create
continuity in street-level activity by maintaining interest for pedestrians and passing automobile
traffic. Principal structures that include parking garages shall be designed to blend the
architecture of the garage with the remainder of the structure or adjacent buildings. Portions of
freestanding parking garages that are not screened with habitable space and are in view from the
general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc.
to soften their impact (Chapter 2, Section 5.H.7.b.).
The intent of the landscape code is to screen vehicular use areas (drive aisles and parking lots)
from roadways and abutting properties. Landscape buffers adjacent roadways (internal and
external) should contain two layers of plant material. The first layer shall be a combination of
colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous
row. The next layer shall consist of a continuous hedge or decorative site wall. The continuous
hedge (2nd layer) shall be a minimum of 24 inches in height, 24 inches in spread and planted with
tip-to-tip spacing immediately after planting. This hedge shall be maintained at four (4) feet.
Also, within these buffers, the proposed trees shall be spaced at maximum 30 feet apart from each
other (Chapter 7.5, Article II, Section S.D.).
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fVU.~ j On the landscape plan, ensure that the plant quantities must match between the tabular data and
the graphic illustration. The landscape plan shall provide total plant material quantities for the
following categories: Shade trees, palm trees, Shrubs / Groundcover.
Fifty percent (50%) of all site landscape materials must be native species (Chapter 7.5, Article II,
Section 5.P). Please categorize as follows: Shade trees, Palm trees, Shrubs & Groundcover.
The removal/relocation of landscape material is subject to review and approval of the City
Forester / Environmentalist.
All freestanding monument signs shall have colorful groundcover installed at the base (Chapter
7.5, Article II, Section 5.0).
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A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or Bouganvillea) is required at
both sides of the project entrances (along U.S. 1 and Old Dixie Highway). The signature trees
must have eight (8) feet of clear trunk if placed within 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.
All trees, if proposed as trees, must be at least 12 feet in height and three (3) caliper inches at the
time of their installation (Chapter 7.5, Article II, Section 5.C.2.).
All shrubs and hedges are required to be at minimum 24 inches in height, 24 inches in spread, and
planted with tip-to-tip spacing measured immediately after planting to adequately cover the
planted areas on the site (Chapter 7.5, Article II, Section 5.CA.).
The landscape material and design proposed within the landscape buffer along Congress Avenue
should resemble the same buffer (along Congress Avenue) approved in the Renaissance
Commons project. In addition, provide a cross-section of the Congress Avenue landscape buffer.
All proposed signage is subject to the Planning & Development Board and City Commission
review and approval. Staff recommends that you submit a master sign program that shows the
number, location, dimensions, exterior finish, 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 21 of the Land Development Regulations.
All signage is subject to review and approval of the Planning & Development Board and City
Commission. Provide a detail of any proposed outdoor freestanding monument signs and indicate
their setback from the property line (minimum 10 feet), and include the sign area, dimensions,
exterior finish, and letter color(s) (Chapter 4, Section 7.D.). In this case, the property line would
be measured from the edge of the right-of-way line for the Spine Road.
Provide a detail of a typical outdoor freestanding lighting fixture. The detail 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 10.F.1.).
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Lighting shall not be of an intensity that produces glare on adjacent property (Chapter 9, Section
10.F.2.).
Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged (Chapter 9, /'
Section 10.F.3.).
Lighting may be used to illuminate a building and its grounds for safety purposes and to enhance
its beauty. However, the visual effect shall be subtle (Chapter 9, Section 1O.FA.). Please submit
a photometric plan so that staff can review the photometric levels (footcandles).
Lighting shall not be used as a form of advertising in a manner that draws more attention to the
building or grounds at night than in the day (Chapter 9, Section 10.F.5.).
Sculptures, fountains, gardens, pools, trellises an benches shall be encouraged within the site
design (Chapter 9, Section 1O.H.). Provide details of said amenities.
Include covered bike racks at intermittent locations throughout the commercial/public spaces.
The Renaissance Commons project did not propose bike lanes within the Spine Road right-of-
way, however, it contained wide sidewalks throughout its design. This project is neither
proposing bike lanes within the Spine Road right-of-way nor is the sidewalk (east of the right-of-
way) wide enough to accommodate both bicyclists and pedestrians. Revise the plans to either
include bike lanes into the right-of-way (which is the preferred scenario) or widen the sidewalk to
not less six (6) feet in width. Staff recommends an eight (8) foot wide sidewalk running adjacent
to the spine road.
Staff recommends creating roundabouts or other traffic calming devices into the design of each
intersections of the Spine Road.
The bridge over the C-16 Canal offers the opportunity for a signature feature; please consider.
Also, please include an 8-foot wide multi-use path on this bridge to connect the greenway paths
of the Renaissance and Village projects.
Staff recommends adding / repeating signature features at both sides of the main street entrance
(along Congress Avenue) and at the northeast comer of the greater project (at Old Boynton
Road).
Improve the pedestrian link at the main street entrance between the Congress Avenue sidewalk
and the pedestrian system that should be in front of the main street buildings (note next
comment).
Staff recommends moving the first buildings at the main street entrance (both south and north
sides), to align with the next series of buildings along main street, and also reduce parking to one
row, and extend the same pedestrian system in front of these buildings.
The second rotary intersection (eastern one) should be the main focal point: adjust what is needed
to align the north-south links, bring the south side building closer to align with the remainder of
main street buildings (parking distributed to front, side (west) and rear (south), add a building or
outdoor plaza (i.e. restaurant or space with outdoor seating facing the small lake (north), and
public space (east)) close to the northeast side of this rotary intersection, and provide for trolley
drop-off at this area. This segment could also be enhanced with a colonnade repeated on both
sides of the street, east of the rotary intersection.
S:\Planning\SHAREDlWPIPROJECTSlBoynton Village-Boynton Town Center IIBoynton Village NWSP 05-004IPlanning 1st review. doc
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DATE
08/31/04
PROJECT NO.
047148007
SHEET NUMBER
1 of 1