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LEGAL APPROVAL 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 ~""~_O/' ;r-'" , . i .\ i i \ \ \ j- Q\, " )',', L'../ lj 1 >0 ;::;<;:} www.boynton-beach.org October 10, 2006 Ms. Linda Nunn Nunnco, Inc. 1807 S. Indian River Drive Fort Pierce, FL 34950 RE: File No.: Location: Red Lobster NWSP 06-018 Out lot #3 at Boynton Town Center, approximately 450 north of the northeast comer of Old Boynton Road and Congress Avenue Dear Ms. Nunn: Enclosed is the Development Order granted by the City Commission on October 3,2006. 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 as well as the design change as presented at the public hearing. 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 TART member for additional clarification of comments. Imoortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our stafffor 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. ~er;10 ~~f Director of Planning & Zoning cc: GMRI, Inc. S:\Planning\SHARED\WP\PROJECTS\Red Lobster\NWSP 06-018\Approval Ltr.doc . , I " DEVELOPME~RDER OF THE CITY COMMISSO OF THE CITT" OF BOYNTON BEACH, FLORIDA DIVtlopmtnt paz Building Englnt.rlnD Oco. L10tnll Deputy City Clerk Red Lobster PROJECT NAME: APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARtNG RATIFICATION BEFORE CITY COMMISSION: October 3,2006 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 7,040 square foot "Red Lobster" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Approximately 450 feet north of the northeast corner of Old' Boynton Road and Congress Avenue. DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. 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: DATED: 1. Application for the relief sought was made by the Applicant' the requirements of the City's Land Development Regulati fi nt with ~&~UW~rn1 ,ttr '_ 6 2006 ~ 2. The Applicant ./ HAS HAS NOT DEPARTMENT OF 0 V I' established by substantial competent evidence a basis for. LOPMfNl 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 Applicant's application for relief is hereby V"""GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. 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 terms and conditions of this order. 6. 7. Other I D - fP - oft::, City Clerk S:\Planning\SHARED\WP\PROJECTS\Red Lobster\NWSP 06-018\DO.doc ... 1 in. = 135.8 feet Red Lobster Exhibit A ,EXHIBIT B DtMt.......~...toIIlCIlJ\Wlt\M...snr"LNl II.""~", 17..,. ~I'I~ ... ~ -. ~-, .--.-.........._-----....,......~-...----~. 1I!!UmR~:il!iijmJ'I~ 1 -, ~:I "111,'111." II 'II' 11,~ If If. 1..fljilll,1 I: MI:J 1iI,,-all.'11111 ;i! I I !~I; U!III'_' U ,i,. 11'1 -'II" i!1 'I' I I~ill~!ilh i ~!~ I 1,1,.,1 "~i'l J : : I' 'ii I;: .,I,I;! " : I' : ~ b, ',. I. I .. I ' II!: I J i . : II :.1 I IIII : '" I, III fill: I ! 1 !II I I I I () ~ I~ I [; I ;;:0 ! I I rn : I ~ I ,!; i ! R A I i. j I I ~ I II' d,. r' I'll I, !fl, II ~.~ L. ,II I ' I -, - , 111'1 !,'~! IIIII I I f ~ i I ,; I'll 11111 I f; , ili 1'1 I I 'i Idlll I I I! 'I I ! I ' " I! 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II liB' ~ I I ; I I I i 1111111 I I I I I j;,U r ! ~ I l I t F , i J BU'UJ I ; i j iUHjjJ Ii P II H IIl111 lIlI ~" ~ ~~~u~~ z i I HI i S~~r1\ 'l~ .- .~::~:-=~:Q:: ~ 1 1111111 . I IMMMIRU r II . III 111r ',' I I Idq~b11 111!i ii i. . I " I 11". " I f , I tI"l I I i '~I/'III ............'.'.Ull II .'''.a-I '1'1'" ,~~ I I EX1ERIOR ELEVATIONS .. .. ~ EXHIBIT B , ., F EXHIBIT B .' , . IHU' IMnlMl1 i1' ~ Illlt I I /,,!I J il' ,. , I ~ 11'/11 ............, JUII --- I 111/1" ~, I _ a.-...... EX1'ERIoR ELEVATIONS .....1lIIII.... . ........... .. .J EXHIBIT "e" Conditions of Approval Project name: Red Lobster File number: NWSP 06-018 Reference: 2nd review plans identified as a New Site Plan with a July 7,2006 Planning & Zoning date stamp ki mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Construction of this project is contingent on construction of off-site X improvements in accordance with the Palm Beach County Traffic Concurrency notice dated February 1,2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section 11.J); X include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 3. 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 IV, Section 16, or the requirement imposed by insurance underwriters, whichever is ~eater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever 5. This office will not require surety for installation of the water and sewer X 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. 6. 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. 7. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 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 Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. to. 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. 11. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 13. The height and area for buildings Of 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 503 of the 2004 FBC. 14. General area modifications to buildings shall be in accordance with 2004 X FBC, Section 506. Provide calculations verifying compliance with the above code sections and the 2004 FBC, Table 503. 15. Buildings, structures and parts thereof shall be designed to withstand the X DEPARTMENTS INCLUDE REJECT 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 2004 FBC, Section 1609 (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. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. 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. 18. 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. 19. 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 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) 20. At time of permit review, submit separate surveys of each lot, parcel, or X 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. 21. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 22. 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 buildinR permit application at the time of application submittal. 23. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TART plan submittals. 24. Submit calculations for the area modifications shown on Sheet A1.0 to X ensure compliance with 2004 FBC, Table 503 and Section 506. PARKS AND RECREATION Comments: Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 25. Indicate the percenta~e of native species. Must be a minimum of 50%. X FORESTERlENVIRONMENT ALIST Comments: 26. Plant List- Sheet LA-t. LA-2 X All shade and palm trees must be listed in the description as a minimum of 12-14 feet in height, three (3) inches DBH (4.5 feet off the ground) and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) diameter requirement. [Environmental Regulations, Chapter 7.5, Article IT Sec. S.C. 2.] 27. The shrub and groundcover planting detail should include a line indicating X where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 28. All shrubs and groundcover plants should have a height and spread X dimension. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article IT Sec. 5. Co2.] PLANNING AND ZONING Comments: 30. All shrubs and hedges are required to be at minimum 24 inches in height, X 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 IT, Section 5.C.4.). 31. Staff recommends additional and larger landscape material along all X elevations, to include a greater number of taller shrub specimens and trees. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior fmish, and letter color(s) (Chapter 4, Section 7.D.). The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signage will be subject to the Sign Program for the entire center. 33. Please provide, in tabular form, a breakdown of sign calculations for all X signage for the entire site, depicting the code requirement and that being proposed, indicatin~ compliance with all code requirements. 34. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected an finated, as well as all depicted sidewalks. 35. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. - =- DEPARTMENTS INCLUDE REJECT 36. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of perrnittin~. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip system), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Villa~e & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJEcrS\Red Lobster\NWSP 06-018\COA.doc