LEGAL APPROVAL
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MEMORANDUM
To: Mr. Michael Rumpf
Planning & Zoning Director
City of Boynton Beach
From:
Peter G. Merritt
Regional Ecologist
(jYv
Subject: Notice of Permit Application No. 070116-6
The Peninsula (Waterbrook) Marine Improvements
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DEPARTMENT OF DEVElOPMfNl
Date: February 6, 2007
Notice of Permit Application No. 061117-24
Lake Drive Parcel Seagrass Survey
Attached are notices 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 ofthe 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
"Bringing Communities Together" · Est. 1976
301 East Ocean Boulevard - Suite 300 - Stuart, Florida 34994
Phone (772) 221-4060 - SC 269-4060 - Fax (772) 221-4067 - E-mail - adminr{j1tcrpc.org
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
NOTICE
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January 17, 2007
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Subject:
Environmental Resource Permit Application
Application No: 070116-6
Applicant: Waterbrook Peninsula, LLC
Palm Beach County, S 15rr 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 or comments concerning this project
should be addressed to Anita Bain at (561) 682-6866 or Tony Waterhouse at (561) 682-6867 or
sent to e-mail address epermits@sfwmd.Qov.
BAC:mw
Attachments
c: US Army Corps of Engineers
Fish and Wildlife Conservation Commission, Imperiled Species Management Section
Department of State, Division of Historical Resources
Regional Planning Council
Department of Community Affairs
Palm Beach County DERM
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GOVERNING BOARD
EXECUTIVE OFFICE
Kevin McCarty, Chair
lrela M. Bague, Vice-Chair
Alice J. Carlson
Michael Collins
Lennart E. Lindahl, P.E.
Harkley R. Thornton
Carol Ann Wehle, Executive Director
FORM#: 62-343.900(1)
FORM TITLE: JOINT ENVIRONMENTAL
RESOURCE PERMIT APPLICATION
DATE: October 3, 1995
PART 3: B. ENTITY TO RECEIVE PERMIT (IF OTHER THAN
A. OWNER(S) OF LAND OWNER)
Name Name
Mr. L. William Rudnick
Title and Company Title and Company
CEO, Waterbrook Peninsula, LLC
Address Address
715 East HiIlsboro Boulevard
City, State, Zip City, State, Zip
Deerfield Beach, Florida 33441
Telephone and Fax Telephone and Fax
Ph (954) 571-1705 Fax (954) 571-1910
C. AGENT AUTHORIZED TO SECURE PERMIT D. CONSULTANT (IF DIFFERENT FROM AGENT)
Name Name
Daniel J. Moss, P.E.
Title and Company Title and Company
Sea Diversified, Inc.
Address Address
1200 NW 17th Avenue, Suite 3
City, State, Zip City, State, Zip
Delrav Beach, Florida 33445
Telephone and Fax Telephobe and Fax
Ph (561) 243-4920 Fax (561) 243-4957
PART 4: (Please provide metric equivalent for federally funded projects):
A. Name of Project, including phase if applicable: The Peninsula (Waterbrook) - Marine Improvements
B. Is this application for part of a multi-phase project? -
Dyes [8Jno 0 70 1 16- 6
C. Total applicant-owned area contiguous to the project? ORIG'NALSUBM\lTAl
~ac.;_ ha.
D. Total area served by the system: _ ac.; _ ha. N/A iAN ~ ~ 20fH
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E. Impervious area for which a permit is sought: _ ac.; _ ha. N/A WPB
F. Volume of water that the system is capable of impounding: N/ A
_ ac.ft.; _ m
G. What is the total area of work in, on, or over wetlands or other surface waters?
0.65 +/- ac.; _ ha. 28.290 +/- sq. ft.; _ sq. m.
H. Total volume of material to be dredged: !! yd; _ m
I. Number of new boat slips proposed: 40 wet slips; _ dry slips
2
FORM#: 62-343.900(1)
FORM TITLE: JOINT ENVIRONMENTAL
RESOURCE PERMIT APPLICATION
DATE: October 3, 1995
PART 5:
Project location (use additional sheets if needed): Boynton Beach
County(ies): Palm Beach County
Section(s) 15
Section(s)
Section(s)
Township 45S
Township
Township
Range 43E
Range
Range
Land Grant name, if applicable: Nt A
Tax Parcel Identification Number: 08-43-45-15-00-002-0070
Street Address, Road or other location: 2649 North Federal Highway
City, Zip Code, if applicable: 33435
PART 6: Describe in general terms the proposed project, system, or activity.
This modification to SFWMD Permit 50-07266-P and USACE Permit SAJ-2005-10703 encompasses
'additional marine improvements (refer to project drawing for details):
1. Construction ofa new access pier to provide forty (40) slips to the public. The pier is to be
constructed 675 feet outward from the shoreline such that no dredl!inl! is required for adequate
water depths (greater than 4-feet deep) at the proposed slips. A portion ofthis pier, as shown on the
drawings, will extend over documented seagrasses. Thus, the pier will be elevated, have grated
decking, include railings and "No Mooring" signage, and conform to the Dock Construction
Guidelines. The slips are situated at the east end of the pier to avoid dredging and avoid impacts to
the sea grasses. Turbidity screens will be utilized for water quality protection during construction.
Based on conceptual drawings presented to SFWMD and USACE staff during pre-application meetings, the
project has been modified and minimized to meet the requests of the agency staff. This includes the use of a
single, narrow pier for access, extension of the system to adequate depths, grated decking, railings, sign age,
etc. The footprint of these improvements falls within the 25% width of water body criteria and the 40:1
preempted area criteria. These improvements are also consistent with the Palm Beach County Manatee
Protection Plan (currently pending USFWS approval).
3
FORM#: 62-343.900(1)
FORM TITLE: JOINT ENVlRONMENTAL
RESOURCE PERMIT APPLICATION
DATE: October 3,1995
PART 7:
A. If there have been any pre-application meetings, including on-site meetings, with regulatory staff, please list the
date(s), location(s), and names of key staff and project representatives.
11/3/2006 - USACE Office - Leah Oberlin (USACE), Dan Moss (Sea Diversified)
11/6/2006 - SFWMD Office - Barbara Conmy (SFWMD), Kurtis Gregg (SFWMD), Dan Moss (Sea Diversified)
B. 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
50-07266-P
SAJ-2005-10703
Action Taken
SFWMD
USACE
2006
2006
Issued
Issued
C. Note: The following information is required for projects proposed to occur in, on or over wetlands that need a
federal dredge and fill permit or an authorization to use state owned submerged lands. Please provide the names,
addresses and zip codes of property owners whose property directly adjoins the project(excluding application) and/or (for
proprietary authorizations) is located within a 500 ft. radius of the applicant's land. Please attach a plan view showing the
owner's names and adjoining property lines. Attach additional sheets if necessary. N/A
1. 2.
3.
4.
5.
6.
7.
8.
4
FORM#: 62-343.900(1)
FORM TITLE: JOINT ENVIRONMENTAL
RESOURCE PERMIT APPLICATION
DATE: October 3, 1995
PART 8:
A. By signing this application form, I am applying, or I am applying on behalf ofthe 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 relive 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 the applicant, 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 V.S.C. Section 1001.
Daniel J. Moss. P.E. I
Typed/Printe<t1'l(ame oyA.~p- icant(Ifno Agent is used) or Agent (If one is so authorized below)
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Signatur-eofApprrcant! Agent, / . ' te
Sea Diversified. Inc. . ,:;F
(Corporate Title if applicable)
AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING:
B.. 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 requirements which may be necessary to procure the pennit 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 V.S.C. S~:JOOL ./
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Mr. L. WIlliam RudDICk .'-?-. .. -
Typed/Printed Name of Applicant Signature. Applicant
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CEO, Waterbrook Peninsula, LLC
(Corporate Title if applicable)
Please note: The applicant's oril!:inal sitmature (not a COpy) is reauired above.
PERSON AUTHORIZING ACCESS TO TIfE PROPERTY MUST COMPLETE TIfE FOLLOWING:
C. I either own the property described in this application or I have legal authority to allow access to the property,
and I 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~s:r~onnel ~7 :o~ZPermitted work if a per:it: ~s__~~~~~ ._
Mr. L. William Rudnick I ( 1//, ,r: " I ,. (- (j ~~.: 7
Typed/Printed Name of Applicant Signa e of Applicant ' Date
CEO, Waterbrook Peninsula, LLC
(Corporate Title if applicable)
5
FORM#: 62-343.900(1)
FORM TITLE: JOINT ENVIRONMENTAL
RESOURCE PERMIT APPLICATION
DATE: October 3, 1995
SECTION A
ACOE Application #
Date Application Received
Proposed Project Lat.
Proposed Proiect Long.
FOR AGENCY USE ONLY
DEP/WMD Application #
Date Application Received
Fee Received $
Fee Receipt #
P PART 1:
Are any of the activities described in this application proposed to occur in, on, or over wetlands or other surface waters?
[8J yes D no
Is this application being filed by or on behalf of a government entity or drainage district? Dyes [8Jno
PART 2:
A. Type of Environmental Resource Permit Requested (check at least one). See Attachment 2 for thresholds and
descriptions.
D Noticed General- include information requested in Section B.
D Standard General (Single Family Dwelling) - include information requested in Sections C
andD.
D Standard General (all other Standard General projects) - include information requested
in Sections C and E.
D Individual (Single Family Dwelling) - include information requested in Sections C and D.
D Individual (all other Individual projects) - include information requested in Sections C and
E.
D Conceptual - include information requested in Sections C and E.
D Mitigation Bank Permit (construction) - include information requested in Sections 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.)
D Mitigation Bank (conceptual) - include information requested in Sections C and F.
B. Type of activity for which you are applying (check at least one)
D
D
D
[8J
Construction or operation of a new system, other than a solid waste facility, including
dredging or filling in, on or over wetlands and other surface waters.
Construction, expansion or modification of a solid waste facility.
Alteration or operation of an existing system which was not previously permitted by a
WMD or DEP.
Modification of a system previously permitted by a WMD or DEP.
Provide previous permit numbers: 50-07266-P
D Alteration of a system D Extension of permit duration
D Abandonment of a system D Construction of additional phases of a
D Removal of a system system
C. Are you requesting authorization to use Sovereign Submerged Lands?
[8Jyes Dno
(See Section G and Attachment 5 for more information before answering this question.)
D. For activities in, on, or over wetlands or other surface waters, check type offederal dredge and fill permit
requested:
DIndividual DProgrammatic General [8JGeneral
DNationwide DNot Applicable
E. Are you claiming to qualify for an exemption? Dyes [8Jno
If yes, provide rule number if known.
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VICINITY MAP
SEA
DIVERSIFIEL)
Surveying -Engineering. Applications
January 12, 2007
ORIGINAL SUBM lTTAL
jAN 1 6 2001
Ms. Barbara Conmy
South Florida Water Management District
P. O. Box 24680
West Palm Beach FL 33416-4680
WPB
~070116-6
RECEIVED
JAN 1 6 2007
ENV RES REGULA TlON
Re: The Peninsula (Waterbrook) Property - Marine Improvements
Site Address: 2649 North Federal Highway, Boynton Beach, Florida
Palm Beach County, Florida, Section 15, Township 45S, Range 43E
SFWMD Permit No.: 50-07266-P I USACE Permit No.: SAJ-2005-10703
Sea Diversified, Inc., Project Number 06-993
Request for Permit Modification
Dear Ms. Con my:
Sea Diversified, Inc., has been retained to pursue all necessary authorizations for the marine
improvements at the Peninsula Property in Palm Beach County, Florida. This property is currently
being developed for condominiums, and has the necessary environmental authorizations for the
current work.
We are requesting pursuant to this correspondence that the South Florida Water Management
District (SFWMD) issue to Sea Diversified, Inc., acting as Authorized Agent for this project, the
appropriate permit modification required for the additional work proposed.
This scope of this project is the construction of a new access pier to provide forty (40) slips to the
public. The pier is to be constructed 675 feet outward from the shoreline such that no dredoino is
required for adequate water depths (greater than 4-feet deep) at the proposed slips. A portion of
this pier, as shown on the drawings, will extend over documented seagrasses. Thus, the pier will
be elevated, have grated decking, include railings and "No Mooring" signage, and conform to the
Dock Construction Guidelines. The slips are situated at the east end of the pier to avoid dredging
and avoid impacts to the seagrasses. Turbidity screens will be utilized for water quality protection
during construction.
Based on conceptual drawings presented to SFWMD and USACE staff during pre-application
meetings, the project has been modified and minimized to meet the requests of the agency staff.
This includes the use of a single, narrow pier for access, extension of the system to adequate
depths, grated decking, railings, signage, etc. The footprint of these improvements falls within the
25% width of waterbody criteria and the 40: 1 preempted area criteria. These improvements are
Sea Diversified Inc.
J3 Executive Centre - Delray Park of Commerce
1200 NW 17th Avenue - Suite 3 Delray Beach, FL 33445
Phone: 561 - 243 - 4920 Fax: 561 - 243 - 4957
www.seadiversified.com
1:\06-993 Peninsula Docks\Permitting\06993.SFWMD.APP.doc
SEA
Dl VE RS TFIET)
Surveying · Engineering · Applications
The Peninsula (Waterbrook) Property
Sea Diversified, Inc., Project Number 06-993
SFWMD Permit No.: 50-07266-P I USACE Permit No.: SAJ-2005-10703
Application for Permit Modification
December 12, 2007
Page 2
also consistent with the Palm Beach County Manatee Protection Plan (currently pending USFWS
approval).
We have attached, along with this request: four (4) copies of the completed application form and
four (4) copies of the applicable project drawings describing the location and extent of proposed
work. 'Please forward this application to the U. S. Army Corps of Engineers for their approval.
Should you have questions or require additional information, please do not hesitate to contact me
at (561) 243-4920. We look forward to hearing from you shortly.
Sincerely, )
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Attachments
cc.: Mr. L. William Rudnick - Waterbrook Peninsula LLC
1:\06-993 Peninsula Docks\Permitting\06993.SFWMD.APP.doc
FORM#: 62-343.900(1)
FORM TITLE: JOINT ENVIRONMENTAL
RESOURCE PERMIT APPLICATION
DATE: October 3,1995
JOINT APPLICATION FOR
ENVIRONMENTAL RESOURCE PERMIT/
AUTHORIZATION TO USE
SOVEREIGN SUBMERGED LANDS/
FEDERAL DREDGE AND FILL PERMIT
The Peninsula (Waterbrook) - Marine Improvements
2649 North Federal Highway, Boynton Beach, Florida 33435
Section 15, Township 458, Range 43E
Permit Modifications: SFWMD 50-07266-P / USACE SAJ-2005-1 0 703
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION/
WATER MANAGEMENT DISTRICTS/
U.S. ARMY CORPS OF ENGINEERS
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Prepared by:
Sea Diversified, Inc.
J3 Executive Centre - Delray Park of Commerce
1200 NW 17th Avenue - Suite 3
Delray Beach, Florida 33445
561-243-4920
(Fax) 561-243-4957
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PROPERTY
LOCA TlON
GULF OF MEXICO
HYPOLUXO
NOT TO SCALE
NOT TO SCALE
FOR PERMITTING PURPOSES ONLY - PLANS NOT TO BE USED FOR CONSTRUCTION
THE PENINSULA
MARINE IMPROVEMENTS
Revisions:
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SEA DIVERSIFIED, INC.
Surveying and Engineering Applications
PROJECT LOCATION
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1200 NW 17th Avenue, Suite 3
Delroy Beach. Florida 33445
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PALM BEACH COUNTY, FLORIDA
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2004 AERIALS
FOR PERMITTING PURPOSES ONLY - PLANS NOT TO BE USED FOR CONSTRUCTION
THE PENINSULA
MARINE IMPROVEMENTS
Revisions:
GA
SEA DIVERSIFIED, INC.
Surveying and Engineering Applications
PALM BEACH COUNTY, FLORIDA
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EXISTING CONDITIONS
PROPOSED IMPROVEMENTS
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12-01-06
D,J.M.
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Sheet:
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CADD 10: 06993-PSH02,OGN
2004 AERIALS
FOR PERMITTING PURPOSES ONLY - PLANS NOT TO BE USED FOR CONSTRUCTION
THE PENINSULA
MARINE IMPROVEMENTS
Revisions:
GA
SEA DIVERSIFIED, INC.
Surveying and Engineering Applications
EXISTING
SEAGRASS
CONDITIONS
BED COVER
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J.3 Executive Centre
1200 NW 17th Avenue, Suite .3
Delroy Beach, Florida .3.3445
PALM BEACH COUNTY, FLORIDA
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CADD 10' D699.3-PSH0.3,DGN
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PROPOSED PROJECT DOCKS:
MAIN PIER & FINGERS = 5.978 SF +/-
12-INCH MOORING PILES = 61
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FIXED RAILINGS AND
"NO MOORING" SIGNS
BEGINS BOTH SIDES
PROPOSED 6-FT WIDE FIXED PIER
ELEVATED WITH GRATED DECKING
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ACCESS PIER - SHEET 5
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RAILINGS: 210'-0"
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TOTAL lENGTH: 675'-0" I
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SEAGRASS,
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GENERAL PROFILE
DETA IL SHEET 6
PROPOSED PIER PLAN DETAIL
SCALE: 1" = 50'
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I PIER (TYP. )
II"J 334'-0" (21 ) 30-FT SLIPS
I~ TYPICAL
1-.1 .G1 B TYPICAL SECTION DETAIL 12" DlA. SECTION
liS SL IP LAYOUT - SHEET 6 r; PILE mp.1 DETAIL
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FOR PERMITTING PURPOSES ONLY - PLANS NOT TO BE USED FOR CONSTRUCTION
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FOR PERMITTING PURPOSES ONLY - PLANS NOT TO BE USED FOR CONSTRUCTION
THE PENINSULA
MARINE IMPROVEMENTS
Revisions:
GA
SEA DIVERSIFIED, INC.
Survl!flng and E nglneerlnQ Applications
ACCESS PIER
SECTION DET AILS
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FOR PERMITTING PURPOSES ONLY - PLANS NOT TO BE USED FOR CONSTRUCTION
PALM BEACH COUNTY, FLORIDA
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12DO NW 17th Avenue, Suite 3
Delroy Beach, Florida 33445
THE PENINSULA
MARINE IMPROVEMENTS
Revisions:
GA
PROFILE AND
SECTION DETAILS
Dote:
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SEA DIVERSIFIED, INC.
Survey/nq and Enq/neer/nq Applications
J3 Executive Centre
1200 NW 17th Avenue, Suite 3
Delroy Beach, Florida 33445
12-01-06
D.J.M,
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FOR PERMITTING PURPOSES ONLY - PLANS NOT TO BE USED FOR CONSTRUCTION
THE PENINSULA
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Revisions:
GiA
PALM BEACH COUNTY, FLORIDA
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Date:
Drawn by:
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Scale:
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D.J.M.
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Sheet:
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CADD 10: 0699J-PSH07 A,DGN
The City of Boynton 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
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July 26, 2005
Ms. Kimberly Glas-Castro and Ms. Bonnie Miskel
Ruden McClosky
200 E Broward Blvd.
Ft. Lauderdale, Florida 33301
RE:
File No.:
Location:
Peninsula at Boynton Beach
NWSP 05-013
2649 N. Federal Hwy.
Dear Ms. Glas-Castro and Ms. Miskel:
Enclosed is the Development Order granted by the City Commission on July 5,2005. The site plan approval is valid for one
year from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension
granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion ofthe 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,
'2LJZ
Michael VV.Rumpf
Director of Planning & Zoning
Ene.
cc: Ms. Jennie Smith
S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\NWSP OS.Q13\approvalletter after CC.doc
./
Ng DEVELOPIVl" -~T ORDER OF THE CITY COMMIOON OF THE
CIW OF BOYNTON BEACH, FLORIDA
...,.,.,.-:.op,:,:-::---,:--;
PROJECT NAME:
Peninsula at Boynton Beach
eve: ..~Jh.t:...
P&l
Bulldlllll
Englneerlll<l
Occ. UcenSil
Deputy City Clerk
AGENT:
Ms. Kimberly Glas-Castro and Ms. Bonnie Miskell Ruden McCI
222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401-6112
AGENTS ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2005
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 30 fee-simple townhouse
units and 40 condominium units on 3.51 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: On the east side of U.S. 1, approximately 1,600 feet north of Gateway
Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
W,r ~ ~ ~ n w ~ -fnl,n !
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The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant
v" HAS
HAS NOT
established by substantial competent evidence a basis for the relief re
3.
4.
The Applicant's application for relief is hereby
../'GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development 0 e property shall be made in accordance with the terms
and conditions of this
DATED:
-05"
7.
Other
S:IPlanningISHAREDI WPIPROJEcrSIPeninsula @ Boynton BeachlNWS
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EXHIBIT "C"
Conditions of Approval
\
Project name: Peninsula
File number: NWSP 05-013
Reference: 2nd review plans identified as a New Site Plan with a May 17. 2005
Department date stamp marking.
Planning and Zoning
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. On the Site and Civil plans, show and identifY all necessary traffic control X
devices such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc. See City Standard
Drawings "K" Series for striping details.
ENGINEERING DIVISION
Comments:
1. Provide written and graphic scales on all sheets. The scale should match X
between all sheets depicting the site (LDR, Chapter 4, Section 7.B.l, 7.C.l,
and 7.F.1.)
2. Complete Drainage plans, including drainage calculations, in accordance with X
the LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
3. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments:
4. The applicant will be required to evaluate area systems to determine if X
sufficient capacity for both utility service systems is available for this project,
prior to receiving any conceptual approval by the Utilities Department for this
submittal.
5. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
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DEPARTMENTS INCLUDE REJECT
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
final meter size, or expected demand.
7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. However due to the proximity of this project to the Intracoastal
Waterway potable water may be allowed for irrif.!;ation.
8. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this proiect, in accordance with the CODE, Section 26-15.
FIRE
Comments:
9. All entrance gates subject to locking shall have a knox lock system that will X
override any gate codes. All entrance gates and roads shall be a minimum of
20' feet wide if two way traffic and 12 feet wide if they are one way.
10. The construction site road shall be compacted to withstand 32 tons prior to X
going vertical in any portion of the project. The roads shall be maintained
free of building equipment and debris at all times. Failure to do so will result
in the site beinf.!; closed until the situation is corrected.
11. All required fire hydrants, standpipes or sprinkler systems shall be in place X
before going vertical. Vertical construction shall be protected by standpipes
and sprinkler systems to one floor below the highest level of construction.
12. Any building, no matter what its use, that exceeds 30 feet shall be fitted with X
an approved automatic fire snrinkler system.
13. The angle of the entrance and the stability of the roads will be tested by Fire X
Department vehicles. If they cannot negotiate the entrance or become stuck,
the project will be shut down until the situation is rectified. These inspections
occur throughout the time of construction. Any towing expenses or vehicle
damage expenses due to the failure of the ground will be passed on to the
contractor.
POLICE
Comments: None X
BUILDING DIVISION
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3
DEPARTMENTS
INCLUDE REJECT
Comments:
14. Place a note on the elevation view drawings indicating that the exterior wall X
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.
15. 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.
16. 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.
17. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
18. Adq a labeled symbol to the site plan drawing that identifies the location of X
the handicap accessible parking spaces. The quantity of the spaces shall be
consistent with the regulations specified in the 2001 FBC. The accessible
parking spaces that serve a use shall be located on the shortest safety
accessible route of travel from adjacent parking to an accessible entrance. The
2001 FBC states that buildings with multiple accessible entrances shall have
accessible parking spaces dispersed and located closest to the accessible
entrance. 2001 FBC, Sections 11-4.1.2(5),4.3, and 4.6.
19. At the time of permit review, submit details of reinforcement of walls for the X
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.
20. To properly determine the impact fees that will be assessed for the one-story X
poollclubhouselrecreation building, provide the following:
a.Will the pool/clubhouse/recreation building 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 building.
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4
DEPARTMENTS INCLUDE REJECT
21. 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.
22. 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.
23. 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 numbers 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)
24. At time of permit review, submit separate surveys of each lot, parcel or tract. X
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.
25. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
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 numbers 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))
26. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
an the conditions of approval as listed in the development order and approved
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DEPARTMENTS INCLUDE REJECT
by the City Commission.
27. 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 buildin~ permit application at the time of application submittal
28. Building #7 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:
a. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
b. All shoring and re-shoring procedures, plans and details shall be
submitted. .
c. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
29. Clearly show the distance between the buildings. X
PARKS AND RECREATION
Comments:
30. Impact fee calculation as follows: X
30 townhouses @ $771.00 each = $23,130.00
40 condominiums @ 656.00 each = 26,240.00
Total $49,370.00
The fee is due prior to the issuance of the first applicable permit.
FORESTER/ENVIRONMENTALIST
Comments:
31. Boundary Survey sheet Existing Trees Management Plan X
The Landscape Architect should indicate and tabulate the total number of
existin~ trees on the site. The tabular data should show the individual
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6
DEPARTMENTS INCLUDE REJECT
species of trees proposed to remain in place, be relocated throughout the site,
or removed I 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 sheet
LP5Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
32. The applicant should add a note indicating that all utility boxes or structures X
(not currently known or shown on the plan) should be screened with Coco
plum hedge plants on three sides.
33. Irrigation Plan-No Irrigation 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.
34. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
35. Trees should have separate irrigation bubblers to provide water directly to the X
root ball. rEnvironmental Regulations Chap. 7.5 Art.llSec.5.C.2.1
PLANNING AND ZONING
Comments:
36. Approval of this site plan is contingent upon the accompanying request for X
land use I rezoning application (LUAR 05-004). Include a note regarding
LUAR 05-004 on the overall site plan tabular data (sheet AI).
37. The Palm Beach County Traffic Division determined that the proposed X
residential project is located in the county designated Coastal Residential
Exception areas, and therefore meets the traffic performance standards of
Palm Beach County. No building permits are to be issued by the City, after
the build-out date (2007) unless the traffic statement is updated and
subsequently approved by the Traffic Division.
38. All new docks would require approval from the U.S. Army Corps of X
Engineers. If an IPUn is located with frontage on the Intracoastal Waterway,
conditions of approval shall include a deed restriction requiring that any
marina or dockage built will not exceed in width, the boundaries of the
project's actual frontage on the water, regardless of what any other governing
or permitting entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)).
39. Include a color rendering of all elevations at the Community Redevelopment X
Agency Board meeting scheduled for June 9, 2005. at the Technical Review
Committee meeting (Chapter 4, Section 7.D.). This will be on display at the
public meeting,
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DEPARTMENTS INCLUDE REJECT
40. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration.
41. The trees proposed around the townhouse and condominium buildings must X
be installed at Y2 the building height of the building (Chapter 7.5, Article II,
Section S.M.).
42. At the time of permitting, provide proof of title to all lands proposed to be X
developed as part of this submittal.
43. At the time of permitting, incorporate a sidewalk into the design that would X
lead pedestrians from the townhouses to the sidewalk that exists within the
Federal Highwav right-of-way.
44. Staff recommends increasing the setback of the wall I fence, proposed along X
the west property line, from three (3) feet to seven (7) feet in order to
accommodate additional shrubs and groundcover. Staff also recommends .'
increasing the height (from 12 feet to 16 feet) of the four (4) Foxtail palm
trees proposed at the front entrance. Finally, staff recommends increasing the
height of the three (3) Cabbage palm trees proposed just west of the
westernmost townhouse building, from 12 feet to 18 feet in height at the time
of installation.
45. Staff recommends that the plant material proposed within the south landscape X
buffer be installed in such a way as to provide immediate buffering. This can
be accomplished by installing all proposed trees at their maximum height
(within their specified range of heights) without jeopardizing the visual
buffering of lower-to-mid-Ievel screening above the wall and inserting
additional palm trees within the south landscape buffer in areas where tip-to-
tip spacing is not entirely accomplished.
46. The site address is required on the sign. X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
47. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
48. To be determined. ~
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\NWSP 05-013\COA.doc
'"
Sec. 28-46. Commercial/marine (CM).
(a) Intent. To establish and preserve areas within Hypoluxo which offer marina facilities for
the area and are generally compatible with the overall goals and policies of the comprehensive
plan.
(b) Permitted uses. Within the CM district, the following uses shall be permitted:
(1) Boatyard (docking and storage of private boats).
(2) Marina (dock and/or basin providing moorings, fueling, repairs, maintenance and supplies
for private yachts and motor boats).
(3) Wireless communications towers and antennas located on property owned, leased, or
otherwise controlled by the town, subject to the additional requirements and prohibitions set
forth in article XI of this chapter.
(c) Conditional uses. When, after review of an application in accordance with the procedures
outlined in section 28-210 of this Code, the Town Council finds that the proposed use is
consistent with the comprehensive plan of the town, the following additional uses may be
permitted only on lots with direct paved access to a public street. Conditional uses will be
designed and operated in order to minimize noise, nuisances and impacts to public safety.
(1) Fueling facilities for resident and transient craft.
(2) Boat repair facilities (minor mechanical and minor hull).
(3) Boat sales (in enclosed building).
(4) Boat supplies (for resident and transient craft only).
(5) Any use permitted in the RH district.
(6) Hotels/motels.
(7) Planned unit developments (PUD) in accordance with section 28-48 of this Code.
(8) Snack shops as accessory uses only. Limited to a maximum of 750 square feet of total
area.
(9) Parks and recreation areas.
(10) Government services.
(11) Restaurants.
(12) Wireless communications towers and antennas located on private property, subject to
the additional requirements and prohibitions set forth in article XI of this chapter.
(d) Development criteria.
(1) Development plan review. No use shall be permitted in the commercial marine district
unless a development plan has been submitted for review by the Planning and Zoning Board
and approval by the Town Council in accordance with the procedures established in section 28-
203 of this Code.
(2) Lot criteria:
a. Site size.' 40,000 square feet minimum:
1. Minimum lot frontage: 150 feet.
2. Minimum lot depth: 200 feet.
3. Minimum lot width: 100 feet.
b. Minimum setback requirements:
1. Front: 40 feet.
2. Side: 15 feet (when adjacent to residential, 25 feet).
3. Side corner lot: 25 feet.
4. Rear: 20 feet.
5. Building coverage.' 30 percent maximum.
6. Building height: 35 feet maximum.
c. Offstreet parking and loading requirements. See section 28-94 of this Code.
d. Landscaping and screening. See article VIII of this Code for parking area landscaping and
landscaping requirements.
(e) Special provisions.
(1) Access. Where commercially designated property is adjacent to, but separated by a street
from single-family property, the commercially designated property shall not use such separating
street as access unless no other means of ingress and egress to the commercial property exists.
(2) Artificial lighting used to illuminate the premises shall be directed toward the project and
away from adjacent properties and public rights-of-way.
(3) All dumpster locations shall be screened on three sides. Screening may be live foliage or
a concrete block wall with decorative finish. Gates or doors shall be provided to allow dumpster
access.
(4) No outside storage or displays shall be permitted as a principal use. Such uses may be
permitted as conditional uses in accordance with section 28-210 of this Code.
(5) Tent sales shall be permitted only as a temporary use in accordance with section 28-
123(b) of this Code.
(6) Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.
(7) Noise generation shall be limited to a level which shall be in keeping with typical street
noise ambiance. No external amplification systems are permitted.
(8) Onsite sewer and water facilities. All marine facilities shall provide at each boat slip a
connection to either an approved on-shore sewage treatment plant and water source or to an
approved existing sewage system and water source. In lieu of the above, a central dumping
station may be provided upon approval of all governmental agencies having jurisdiction.
(9) Any change to water frontage, including dredging, seawall, docks or any other structures
will only be approved by the town after certification from the Corps of Engineers and the state
department of environmental regulation where applicable.
(10) Motels/hotels, calculation of allowable units. Maximum number of hotel/motel units on
any given site will be based on the availability of 1,000 square feet of gross land area not being
used otherwise, per unit.
(11) Dock length. No dock, building or other structure shall extend waterward further than
200 feet from the established mean high-water line.
(12) Recyclable material collection and storage areas shall be provided on the site of all
commercial buildings or developments for which an application for development order is filed
after Jan. 8, 1997, in accordance with the following standards:
a. Storage area. At a minimum, at least one recyclable material collection and storage area
with a ten foot by ten foot pad, shall be on each site plan.
b. Setback. The minimum setback for recyclable material collection and storage areas that
are located on the exterior of buildings shall be 25 feet from residential districts or residential
properties.
c. Screening. All recyclable material collection and storage areas that are located on the
exterior of buildings shall be screened by a solid opaque enclosure. The open end of the
enclosure shall have an opaque gate. All exterior sides of the enclosure, shall be landscaped
with 24-inch-high shrub material spaced 24 inches on center at planting, or an alternative
acceptable to the town. Recycling enclosures may be connected to or be a section of garbage
and trash enclosures.
d. Alternative compliance. Applicants shall be entitled to demonstrate that recyclable material
storage space needs can be more effectively met through an alternative recyclable materials
collection and storage plan. An alternative recyclable materials collection and storage plan shall
be reviewed by the town, and, if approved, shall be substituted for standards of this section.
e. Review. Recyclable material storage and collection area plans shall be reviewed by the
town. Information necessary to evaluate proposed plans for compliance with the standards of
this section shall be shown on the site plan.
(Ord. of 12-12-90, 9 3.02.06; Ord. No. 103, 9 5, 1-8-97; Ord. No. 112, 97, 9-16-98)