LEGAL APPROVAL
The City of Boynbin Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
September 26, 2005
Mr. Anthony Comparato or Kim Glas-Castro
980 N. Federal Hwy. - Ste. 200
Boca Raton, FL 33432
RE:
File No.:
Location:
Boynton Village Parcels 4 & 5 Condos
NWSP 05-019
NE Cnr Old Boynton Rd and Congress Ave
Dear Mr. Comparato/Ms. Glas-Castro:
Enclosed is the Development Order granted by the City Commission on September 20,2005. The conditional use/site plan
approval is valid for one year from the date of final approval. In order to maintain vested status, a building permit must be
secured or an extension granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
ImDortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
Sincerely,
2vJZ,
Michael W. Rumpf
Director of Planning & Zoning
Ene: Dev Ord
ce: Klatt Family Partnership
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Parcel 4 & 5 Condos NWSP 05..Q19\CC Appvl Ltr.doc
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DEVELOPMENT ORDER OF THE CITY COMMIS~'ON OF THE
C .' OF BOYNTON BEACH, FLORIL
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PROJECT NAME: Boynton Village Condominiums Parcels 4 + 5 (WR1)
APPLICANT'S AGENT: Anthony Comparato, Compson & Associates and
Kim Glas-Castro, Ruden McClosky
AGENT'S ADDRESS: 980 North Federal Highway #200 Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005
TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval for the construction of
four (4) five (5) story buildings at a height of 65 feet - 1 inch, to house 376
condominium units on an 8.815 acre portion of the 106.5 acre site known as
Boynton Village and Town Center.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
- - THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
5.
6.
7.
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations. ' -, .'.- '~'i' i;:'-I'-:~.
. ,._)I._.~; ! ~!
The Applicant : . i! I
. /HAS I::' i':.;,
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HAS NOT
2.
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicapt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the t
and conditions of this order.
Other
Q-a3-05
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-
019\DO.doc
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EXHIBIT "e"
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Conditions of Approval
Project name: Boynton Village Parcels 4 + 5 Condos
File number: COUS 05-007
Reference: 2nd review plans identified as a New Site Plan with a June 21, 2005 Planning and Zoning date stamp
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DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. The trash holding area for this development will require Solid Waste trucks to X
back across multiple lanes of traffic (entry to parking garage and roadway
along the north and south side of the development.) Additionally the depicted
orientation will take the trash close to parked cars. This is an unsafe situation.
Please relocate trash holding area to address this concern.
2. A total of six trash rooms are shown on this plan. The depicted trash holding X
areas do not appear to be large enough to accommodate multiple containers
and still provide reasonable access by Solid Waste. Please indicate the
number and size of the containers so we can evaluate the required pad sizes
and our ability to perform the pickup operation.
PUBLIC WORKS- Traffic
Comments:
3. On the Site plans, show and identify all necessary traffic control devices such X
as stop bars, stop signs, double yellow lane separators striping, directional
arrows and "Do Not Enter" signage, ete. See City Standard Drawings "K"
Series for striping details.
UTILITIES
Comments:
4. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
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
fmal meter size, or expected demand.
.r
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
7. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
8. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
9. Provide the fire hydrant layout for this project with the hydrants clearly X
shown. Show all water supply lines for fire protection and hydraulic
ealculations. Hydrant required every 500 feet of road travel and no more than
200 feet off the comer of any building.
10. Provide water supply information for this parcel. This shall include water X
supply lines for hydrant and sprinkler systems and the capacity of those
lines. A new flow test is required when water feeder lines connected.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
11. All eomments requiring ehanges and/or corrections to the plans shall be X
reflected on all appropriate sheets.
12. Please note that changes or revisions to these plans may generate 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.
13. Provided photometries do not meet minimum standards. X
14. Delete the tenth note on sheet L8 regarding maintaining 5 foot clear vision X
in parking areas.
15. Full Drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
16. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
DEPARTMENTS INCLUDE REJECT
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
17. 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 City
Commission and at permit review.
18. The height and area for buildings or structures of the different types of X
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.
19. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
20. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
21. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the buildilll! desi~.
22. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
23. The building plans are not being reviewed for compliance with the X
applicable building codes. Therefore, add the words "Floor plan layout is
conceptual" below the drawing titled Floor Plan found on sheet/s A-I
through A-26, A-31, A-32, and CH-l.. However, add to the floor space
drawing a labeled symbol that identifies the location of the handicap
accessible entrance doors to each building/tenant space. The location of the
door/s shall match the location of the accessible entrance doors that are
depicted on the site plan drawing.
24. At the time of permit review, submit details of reinforcement of walls for X
the future installation of grab bars as required by the Federal Fair Housing
Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms
within the covered dwelling unit shall comply.
25. To properly determine the impact fees that will be assessed for the one-story X
clubhouse, provide the following:
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I
. .
Conditions of Approval
4
DEPARTMENTS
a. Will the clubhouse be restricted to the residents of the entire project only?
b. Will the residents have to cross any major roads or thoroughfares to get to
the pool/clubhouse/recreation building?
c. Will there be any additional deliveries to the site?
d. Will there be any additional employees to maintain and provide service to
the site?
· Please have the applicant provide the City with a copy of the letter that
will be sent to the impact fee coordinator. To allow for an efficient permit
review, the applicant should request that the County send the City a copy of
their determination of what impact fees are required for the
pool/clubhouse/recreation buildingllease office.
26. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
INCLUDE REJECT
27. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
28. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
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)
29. At time of building permit applieation, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same as noted on
the Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
30. Pursuant to approval by the City Commission and all other outside agencies, X
,.
DEPARTMENTS INCLUDE REJECT
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.
31. The full address of the project shall be submitted with the construction X
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 applieation at the time of application submittal.
32. Add to the site data the total area under roof of each residential building. X
Provide tabular area data for each floor of each building. The breakdown
shall include the following areas and each area shall be labeled on the
applicable floor plan drawing:
a. Common area covered walkways;
b. Covered stairways;
c. Common area balconies;
d. Entrance area outside of a unit;
e. Storage areas (not part of a unit);
f. Garages (not part of a unit);
g. Elevator room;
h. Electrical room;
1. Mechanical room;
J. Trash room;
k. Mailbox pickup and delivery area; and
1. Any other area under roof.
(Chapter 4 - Site Plan Review, Section 7.E.2 and 3)
33. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
m. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
n. All shoring and re-shoring procedures, plans and details shall be
submitted.
o. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
34. A two-hour fIfe-rated wall will be required between the parking garage and X
the condominium per NFP A 88A, Section 4.1.2.
35. The vestibule to the trash room chute shall comply with the Federal Fair X
Housing Act.
PARKS AND RECREATION
~
Conditions of Approval
6
DEPARTMENTS INCLUDE REJECT
Comments:
36. Irrigation must be 110% coverage. X
37. Impact Fee: 376 multifamily units @ $656 per unit = $246,656.00 X
FORESTERlENVIRONMENT ALIST
Comments:
38. Map of Boundary and Topoeraphic Survey-Sheet 1 of 1 X
Existine Trees Manaeement Plan
The Landscape Architect should tabulate the total existing trees on the site.
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed / replaced on
site. All desirable species of existing trees must be relocated rather than
removed if the trees are in good health. These trees should be shown by a
separate symbol on the landscape plan. [Environmental Regulations,
Chapter 7.5, Article I Sec. 7.D.p. 2.]
39. I recommend that the applicant preserve, where possible, all existing X
desirable trees that are located within the proposed landscape buffers.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
40. Irrieation Plan-No Irrieation plan included in the submittal X
The irrigation system design (not included in the plans) should be low volume
water conservation using non-portable water.
41. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
X
42. 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.]
PLANNING AND ZONING
Comments:
X
43. 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.
44. Staff recommends that you submit a master sign program that shows the X
number, location, dimensions, exterior finish, and color(s) of all freestanding
monument silms (Chapter 2. Section 5.H.9.). The silm proeram would
DEPARTMENTS INCLUDE REJECT
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.
45. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X
of the typical freestanding outdoor lighting fixture should include the overall
height, exterior finish, materials used (i.e. concrete or aluminum) and
color(s). The lighting fixture height, style, design, and illumination level
shall be compatible with the building design and height and shall consider
safety, function, and aesthetic value (Chapter 9, Section 1O.F.1.).
46. Provide a detail of the parking structure gates indicating its dimensions, X
materials used, exterior finish, and colors (Chapter 4, Section 7.D.).
47. The project is subject to the limitations and timing at which development may X
proceed as outlined in the Palm Beach County Traffic approval letter or the
conditions contained within the CRALLS amendment upon its adoption.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Parcel 4 & S Condos COUS OS..Q07\COA.doc
NOTICE OF PUBLIC HEARING
Anthony Comparato and Kim Glas-Castro, agents for The Klatt Family Partnership and Klatt Enterprises,
Inc., property owner, have requested the following project to be considered for conditional use approval:
Legal Description:
On file in the Planning & Zoning Department. Generally the northeast corner of
Congress Avenue and Old Boynton Road.
Proposed Use:
Request conditional use I new site plan approval for the construction of four
(4) five (5) story buildings at a height of 65 feet - 1 inch, to house 376
condominium units on an 8.815 acre portion of the 82.08 acre site known as
Boynton Village.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD ON AUGUST 23, 2005 AT 6:30 P.M. AND THE CITY COMMISSION ON
SEPTEMBER 20, 2005 AT 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS, IN THE
CITY HALL COMMISSION CHAMBERS, LOCATED AT 100 EAST BOYNTON BEACH BOULEVARD.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any
written comments prior to the hearing dates. Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. '
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity
conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to
the program or activity in order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING
(561 742-6260)
DIVISION
PUBLISH:
AUGUST 12,2005
The Post
Copy to: City Commission, City Attorney, Central File, Agenda, Legal Ad
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village Parcel 4 & 5 Condos NWSP 05-019\LEGAL
NOTICE.doc
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NOTICE OF PUBLIC HEARING
Anthony Comparato and Kim Glas-Castro, agents for The Klatt Family Partnership and Klatt Enterprises,
Inc., property owner, have requested the following project to be considered for conditional use approval:
Legal Description: On file in the Planning & Zoning Department. Generally, the northeast corner
of Congress Avenue and Old Boynton Road
Proposed Use: Request conditional use/ new site plan approval for the construction of two (2)
five (5) story buildings at a height of 65 feet - 1 inch, to house 206
condominium units on a 4.384 acre portion of the 82.08 acre site know as
Boynton Village.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD ON AUGUST 23, 2005 AT 6:30 P.M. AND THE CITY COMMISSION ON
SEPTEMBER 20, 2005 AT 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS, IN THE
CITY HALL COMMISSION CHAMBERS, LOCATED AT 100 EAST BOYNTON BEACH BOULEVARD.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any
written comments prior to the hearing dates. Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity
conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to
the program or activity in order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING
(561 742-6260)
DIVISION
PUBLISH:
AUGUST 12,2005
The Post
Copy to: City Commission, City Attorney, Central File, Agenda, Legal Ad
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village Parcel 3 Condo NWSP 05-020\LEGAL NOTICE.doc
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