LEGAL APPROVAL
The City of Boyntoft' 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
" ~ \''.'._~) I
(. r"
! "
,.\ . \ ... L
).,.. ' 'u
,''-, ,,/C;^
1- r ~:) ~t\:) ~> '
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:
Smokey Bones
NWSP 06-019
Northeast corner of Old Boynton Road and Congress A venue
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 changes 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.
Important: Jfyou 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.
~c?~ ~
~~mpf
Director of Planning & Zoning
cc: GMRI, Inc.
s :\Planning\SHARED\ WP\PROJECTS\Smokey Bones\NWSP 06-0 19\Approval Ltr.doc
DEVELOPME~.. .. .DER OF THE CITY COMMISSO /'= THE
CItr'OF BOYNTON BEACH, FLORIDA
APPLICANT'S AGENT:
Linda Nunn
Development
P&Z
Building
Engineering
Occ. L1cen..
Deputy City Clerk
PROJECT NAME:
Smokey Bones
APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3,2006
TYPE OF RELIEF SOUGHT: Request New Site Plan Approval for a 6,436 square foot "Smokey
Bones" restaurant in the C-3 (Community Commercial) zoning district.
LOCATION OF PROPERTY: 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:
1.
Application for the relief sought was made by the Applicant in a ma er consistent with
the requirements of the City's Land Development Regulations. ill ~ & ~ 0 VI!
The AppliC9nt
~HAS !~ 6~ffi
HAS NOT
~ ~I
J .;
1 j!
II'! I
. I".
I.' I,
I'i
L-/
2.
established by substantial competent evidence a basis for the reli
iT OF DEVElOPME Nl
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
L 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 on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: 10- ,,-ob
S:\Planning\SHARED\WP\PROJECTS\Smokey Bones\NWSP 06-019\DO.doc
T
1 in. = 135.8 feet
Smokey Bones Exhibit A
I::XHIHIT B
' . --........ ..
~ .. -
~-..rf I I
't If' 1!11;1'1~ III)
!;it:, Iii!.," 1111' j!!
.,1 ~~! i Iii I~ I
Ii" ~Ili~~ I j
'~I': "'I i ! J IX i!1 I ! j
.' I" c." -,
Ii!f! i ;: r : i i :f~
.:" : Ii" .iI BI I
I
I
I',; 1 . I 'P
.. I ~
I I
ffi, ~"Siig
CI) I;~~I~
~ I
ffil . I I
! ! .
I I I ~
I flll
I I
I I
,
sar4I"5rW 251.5"
---
---
/"
Z IlII ml'l m.~J mJ1J
I~I " ~I ~i~i ~Iil
" 1.1 I.
i:1:
BOYNTON TOWN CENTER
SMOKEY BONES
OUTLOT NO. 1
--- ~
..---
- ~-::. - 1 -
r_ ,.,.
I;
fit CID :: I ~ 0 .. I B 6 ~ 11 ![ ~
~ ! 'M, "lV
· ~ 1:11.'1111 .
@) <B I i I il,.
I~ '"i .i III~ D
I ill.1 .Ai
if I!i ,. il;l
., ".1 ~bi
I. . I'd
"', i I
Ie I I
I
1I,1:;!i 11'1 flnl J III If II' !IIII J~~B i , Jill' ::m J!i'B~ Iii
IN, 'iliBIII II I i!~::~' I" "l I Ilr il Iii I ~
11:111 i,~ II CUr I jll. ... "". ": I II.' '"t I ! 1""1, I~
"'1" r HI ~ I ~ I' ~~:l .~ I h I'
1'.1 J n" ". li...1 NUl.
Illu!! ;m I Ui It ~f I... ; :.: :, UU.; .lIju!U i
SITE PlAN
- -
-"---"- ~~==....
-" .- .-. ..Ar~i:"-.
- -,- .... .::l.......~_":-
- tr ....... . .......::'"
- Ill..
~ .1Int.....
... -....
--
'IlIIlN -'IlOIIIAOIA_
IIlClI
~ 9 . . . ~, 9 I . & 9
~~~: 11111,
11 t l. iiiii;
I ~ ! ~
~ . .
..~. II II f
I II C 8 II ~
It" lC 'C It
IKlflli
,. 'Jrll.
,~ 8'!'~E
i i iiiilfi
II !!
i I f
f f I
. I : I I ·
V 8 V It It
. & It It "
If I', $ i
~ f ' !
I I I 5 ,
I , I f ,I I I !
1"1', l'll I II I I'
"'1 111'I'f~fjli I 'i ll't f
'II' 1'1 ,II II! I f 'I I i ,II ! II I P f , II
i ,1,1 ,f" 11111111, II I. I II I. II' II I f
~ .J d .J .! il i II II II ~I 51 , tl , 'I Ii 51 I ,I ~i ! II Ii 1111 II 11
~ I t;9. 0 0 I" "" " " .. ., "a "., I" ., III . " .. 0 ~ Ii> 0
J,II'I., I I I I. I I I I I I I I I I I I I I I
~ ~'
~! :==
I~i,'l:i
'In III
I I
I I
...-- ,.
I I
I s I
I ~;
111111 ,
<.J
I ;j
.
t
..
J
~
'11 ~ i
I W ~r~ III
~ .'!,I, I,!:
I :st ..il: " I."
~ !J~!fl!l!!
I m I ,",~III
~ · IIII~II'J
8~. .,.,lIall-.
I ! 11I'!II'f!
I',w.
I I r .jIr,
~ir~
II I ti
8 .L181HX3
. ~""'M-."'_.___.___ . ___. _..... .
I
C'?i
""\z
..a~
..A
· - f
1111 ',JI, .
II f 1,1 Iii, J
I
B I 1/ f / , !,
i II 11'1 ~ / , I I: 'I
f.I' i !1'1~11I1 I 'I IIi !I
i III i 1/11 I': h I' iii ! : I " I II
f ,a I i IIIIIIJ f I,',' d III i ,. II 111.' f ! ..',',1.. ~i
l!! hUll: I II:. lI.u ~hll u d
Q ... .. 4.... " .... _.." " " ,,_ " " ". .: 1111 ;( II II Ii . . . " II
-....... -.........--...... .....-....,-.......................
I
Ii
,..
~
<
~
.
J
I~ I
,.,IIJ Ii I .
" ~ I III !
! ,I ~
\~I
/" ....,
t
\
'...... --/
r.RFi1
EXHIBIT B
8 .LlarHX3
>
~
i\)
I'
J
~ ,~
CWIfI'1IIr. ..... r""'lI'I_Ia.._."'_IIt)lol___.... 1_
/Ill J J J !Ill J J J /I It II It It " II II ., , II .. It .......... ~.. ..+ !i'
!' UlJil.'UUIIIIII'EUIII,I;U.U'IIII
IJ II Ii J ..Ii II II If Illu ill I '111 III! I If ~
il 1ft! I,i hi !Wllm~ !II' f
'i ~ i ~ I I I II II Ie J ! I.' f
I, ill I I I f II, I , f I f
II I I I I I
.
f 'f" if,
M If
fa~1 jI
.' II
. Ill'
T
~"
i!
I
'.
,
~XmBIT "e"
Conditions of Approval
Project name: Smokey Bones
File number: NWSP 06-019
Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp
kin
mar lJ~.
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 ill accordance with the Palm Beach County Traffic
Concurrency notice dated February 1,2005.
2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section II.J); X
include a pavement message in yellow indicating "No Parking - Loading
Zone". See City Standard Drawings "K" Series for striping details. To be
provided at time of permitting.
UTILITIES
Comments:
3. Palm Beach County Health Department pennits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12). As a
general rule, restaurants require this approval to insure that grease traps are
properly designed.
4. 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-I6(b)).
5. 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 occurs first. This fee will be determined based
upon final meter size, or expected demand.
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 proiect. in accordance with the CODE, Section 26-15.
7. Utility construction details will not be reviewed for construction X
. .
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
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.
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.
10. 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 DMSION
Comments:
12. The height arid area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, arid shall not exceed the limits set forth in Table 503 of the 2004
FBC.
13. 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 2004 FBC, Section 1609 (Wind Loads). Calculations that
.,
- =-
DEPARTMENTS INCLUDE REJECT
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.
14. At time of permit review. submit signed and sealed working drawings of the X
proposed construction.
15. 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
pennit shall be submitted at the time ofoermit application, F.S. 373.216.
16. 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 pennit application:
> The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
> 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)
17. 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.
18. 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.
19. The full address of the project shall be submitted with the construction X
documents at the time ofpennit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The Dame of the project as it appears on the Development Order must be
noted on the building permit application at the time of aoolication submittal.
20. A section of the bar counter shall comply with the 2004 FBC, Section 11- X
5.2.
21. The construction documents shall be routed to the Florida Department of X
Business and Professional Regulation (DBPR) for review and approval prior
to submittal to the Building Division. The DBPR can be contacted at 850-
487-1395.
PARKS AND RECREATION
Comments:
22. Trees must be a minimum of 12 foot to 14 foot with a three (3) inch X
diameter at DBH.
FORESTERlENVIRONMENTALIST
"
Conditions of Approval
4
.
DEPARTMENTS INCLUDE REJECT
Comments:
Plant Schedule Sheet L201.L202 X
23. All shade trees must be listed in the description as a minimum of 12-14 feet
in height, three (3) inch DBH (4.5' off the ground) not caliper, and Florida
# I (Florida Grades and Standards manual). The height of the trees may be
larger than 12-14 feet to meet the three (3) inch diameter requirement; or
any clear trunk specifications. [Environmental Regulations, Chapter 7.5,
Article n Sec. 5.C. 2.]
24. Tree species listed on the Palm Beach County "prohibited plant species' list X
cannot be used on the site. [Environmental Regulations, Chapter 7.5,
Article n Sec. 5.C. 2.1
25. The applicant should add a note on Sheet L201 that all utility boxes or X
structures (not currently known or shown on the plan) should be screened
with Coco plum hed~e plants on three sides.
26. The applicant should add a note on Sheet L201 the no Cypress mulch may X
be used on the site.
27. The applicant should show the 50% native species calculations for each of X
the categories of trees, shrubs and groundcoversl.
28. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
29. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article n Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
30. Staff reconnnends additional and larger landscape material along the north X
elevation, and include a greater number of taller shrub specimens and trees
along the west and south elevations.
31. Full size trees, a minimum of 12-14 feet tall, with a minimum 3" caliper X
dbh, must be planted every 30 feet in perimeter landscape around parking
lots.
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
finish, 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 signagewill be subject to the Sign Program for the entire center
33. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X
until all required landscaping has been installed, inspected and finaled, as
well as all depicted sidewalks.
34. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
- \ ='F
DEPARTMENTS INCLUDE REJECT
35. 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 pennittine:.
36. All ground equipment shall be adequately screened on at least 3 sides with X
hedge material.
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 Village & 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\PROJECTS\Smokey Bones\NWSP 06-019\COA.doc