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
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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
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Director of Planning & Zoning
cc: GMRI, Inc.
S:\Planning\SHARED\WP\PROJECTS\Red Lobster\NWSP 06-018\Approval Ltr.doc
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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
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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