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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 20,2009 Francisco Perez Perez Design, Inc. 4205 W. Atlantic Avenue - Suite 304 Delray Beach, FL 33445 RE: File No.: Location: Sibia Building NWSP 09-001 709 S. Federal Highway Dear Mr. Perez: Enclosed is the Development Order granted by the City Commission on April 21, 2009. The site plan approval is valid for eighteen months from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension requested prior to expiration on October 21,2010. 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 TART member for additional clarification of comments. Important: 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) 742-6269. tr'Michae W. Rumpf o Director of Planning & Zoning Ene. DO w/COA Cc: HMRS LLC 10075 Jog Rd, Boynton Beach, FL 33437 S:\Planning\SHARED\WP\PROJECTS\Sibia Building 709 S.Federal Hwy\Approval Ltr.doc r:"' r~ rc' \ .' I ( \r ; " ': ' n ~VELOPMENT ORDER OF THE CITY COMMISSION OF THE \ MAY , ,j ',CITY OF BOYNTON BEACH, FLORIDA ! ' \c~~5i~b~~:M~:,,~j q .-' " Development P&Z Building EngineerIng Occ. L1cen.. Deputy City Clerk Sibia Building APPLICANT'S AGENT: Francisco Perez-Azua - Perez Design, Inc. AGENT'S ADDRESS: 4205 W Atlantic Avenue, Suite 304, Delray Beach, FL 33445 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 21, 2009 Request new site plan approval to construct a 10,347 square foot commercial building consisting of medical and general office and retail, and related site improvements on a 0.66 acre parcel zoned C-3 Community Commercial. TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: 709 S. Federal Highway, Boynton Beach, FL 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 in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applic~ ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The 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 on the property shall be made in accordance with the terms and conditions of this order. 7. Other t/-c!1'-1-oq S:\Planning\SHARED\WP\PROJECTS\Sibia Building 709 S. Federal Hwy\DO.doc EXHIBIT "A" - SITE LOCATION MAP l<; SIBIA BUILDING - NWSP 09-001 175 87.5 0 ~- 175 350 525 700 I Feet N ~~ W~~7E S I!! II lij! II l! Ii! III i'l II II' I: ! · ! I II I' ", ., " I! I I ; I II ~; I' ! I! .' , i I I .1 " I' "' l!~ I ',' I Ii II i ! ii' I i ~! i'! eC I ' < l' 1 i: ! , II li" !!-j j!, !.. i'! I ~~ i i : i ii i ~~ i ; Ii i i i I !. I II i i . i il : Ii j ,I . , il j! I' ! i II! I . . 'j!'" ,fi l ~ I " . I ' ~~ i ~ ; BE : ~ ! ~i ~! 11 I! ;, !! !! !! I I ! II ! !'! i I' ~ ! I! 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I .~.:......-.-.' ~-----...:._-~...; -e II ,"" ..!'.: 1M I .( i: o I [,0 , I I , r 1.1 I ~~~----~-'~- \1 I I: 1 :1'1 1 f: ,1 0 .\: I I ~I ,1 1 I ------:---~ I -G I I , 8 I LmB~m~--------'m--~jl I .. - r ----<3 I I 1 i i i I I I I I I II I: I' I , I -<D -e " " " EXHIBIT "B-2" -0 _:1 00""'0'0 I 1111111 I ~ ;U_U.~~~ If .' : : I i I I ~ 8 88 W i !hl l ,v , I I ~ ~ I ~ (D~ f :i, ! 1:~ ;:J I ~~rl ~ 11ij!1 I , ;11i' 'D"'! ,0 :' 1 'ill i en> :I!.l :';l.fl ~Jh Ci!l i 1 i il:J ~ s ~ " . ~ ~. ~~ ~,!, Ii! I --6 lPC "\I lr~ ~ r ---8 ~ l I 'I: ~ I. t I Ill,!. I!! 1ill!. I'i il1ffilr. - i i I i ill I flWI1i [n~ nu I Hn !Hl it'l m ill ;!,n q 1..IlHIGI'_ ~ - i "I! ,I 'il!" , ,I." , 'ill iJi!~~~ ;11l'IH! 'I 1,101, i ! ~m '::I I"f I I I N~ ~il l i eXHIBIT "B~3" I Pf! Sibia Building ; i i I 1 Jhl ,"0 m ' Ill. )> -m r I J! ;iiil" ~~ :!'" ~1 W . " lI' ,j;N tll CD I ':ir ~ 11 0 gQ" , 'I I ,If ~;? 0 :.. I :, Ii :il.l I TI!!!. '" 709 S. Federal Highway 1i:h .t!:) ! J ; ~ ! Boynton Beach, FL, 33435 i f \':'.=:1 --8 --@ --8 --@ I '" , II I ,. I , I , 1 , 1 , I , I - ----e ~ -. I PI1 J i i i m ~~ ~CIl g' Q. en Sibia Building )> w o ..... 1 ' ! t i ii n 709 S. Federal Highway Boynton Beach, FL, 33435 EXHIBIT "B-4I' - ---G --8 ----8 ,- ----8 1 1- , ,i I :I~ t , !ili. {lml'li 1 i..'1 I I I'I! ! II !! I :i~ I; t , ~H :if ~ , ! J! , v ! ii!!, I Ii ro- , "I (il ! ~ljl. ~ 1;1 rr! ,~;:J 'f ~! I' 'l.,i! ~1l1 - ,. r I ~J if.. I~ [ ,<3' I ; ;C:J ," j'~'~ t~V "<3' ~:::J ~1!U!i El~~ f'l I -~ i t r (/) f~ ~ J! ~ jD:t =.; w'S- 0.. I:~ -. ~"< =:i O'Q q EW~t I uth[ ;~ll~t _ : I J , ! . J ~ ;; .. ~ 2 g"'Q ~ Il. , _s[ ~ Q. ~ l , ~ t H , f ~ 1:)-0 ! ! '~ i ,~ , ~ K ~ , o~ ,; ~ ~ ~ EBz l<l ~ ~u II npp~~i II i~~ Itlt~~f flo. EE;;r- J I )> ~ . ~ ~ .. ~ ~ i iS~~~ . 9~9o~ 6 ~O... ~ ml~ o ~..!~ ~ . 3~:, ~ ~ ~~i ~ i ~h ~ ! ~~~ q /g ~ " ~l' . & 0 ~ i ~l :;! \!! ~5 o E: j:ill. ~ i ~~ H ~/ ~ 1~!lllitli Il!llliil;li~ ~1~~li!, ~I ~llli ~id ~IQ ~id i!!illi!! 1!!lllil!1 Illlil~1 11111:all i;;!!ili i;i!ill,11 liflil'J 1III1I I' lii.II~' l~i.iJI I Ijlillii Ij;illl;, ~ . ~ 81 ~. ~I ~< i.Ii m ~~~ =~~ ~~~ . o ItIUHUiil>>i r~Ull~Hflfrll 11'11 III !td1l- t}tlliildll..1 ! I;hlfti!~n ll,[rllitlii'l I [t{l('!l I '-J~I IILJI I u-v '- _.J~ I .~~ I: __.....-Y ......, ____..".--. I: __t__t__..__t__l f ..5>r~.....--.-_.--" __a - I BE 4111 STREET ------1 I I I I I I I I I I I I I I I I I ______J FEDERAL HIGHWAY -_.....,-.,. ....--......- II ftb, ~~I = It IIII I n'T. !I IEB. .' ti "1't'i ~ c: "Tl_![D ,iU! ~ ~ ~ t.& ~&~g:fJ ~ - w . w ; bi mp )>C I~I HHi ~ g II ~:J III - CD .CfI .. ~ ;:: VJ ~:;;; :;:. ~. ~ EXHIBIT "C" CONDITIONS OF APPROVAL New Site Plan Project Name: Sibia Building File Number: NWSP 09-001 Reference: 2nd review plans identified as a New Site Plan with a February 17. 2009 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). PUBLIC WORKS - Forestry Comments: NONE (All previous comments have been addressed). X PUBLIC WORKS-Traffic Comments: 2. Provide Fire Lanes in accordance with the LDR, Chapter 23, Article II, X Section B.2 and Section M. ENGINEERING Comments: 3. Revise plans to indicate all curve radii, and also provide a minimum of a 10 X foot radius for ingress/egress on SW 4th Street. 4. Revise plans (at time of Engineering plan review) to contain all runoff onsite X (review north property line). Per Code, water runoff can not drain off one property on to another. 5. Revise plans (at time of Engineering plan review) to provide a typical cross X section for parking area, 6. Per Ch. 22, Sec. 5.C. (2) of the LDR: If any street abutting the property on X which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department of the City as a street on which sidewalk construction is required, the property owner shall pay a fee equal to the cost to II the City per square foot of construction of the sidewalk abutting the property, as such fee is determined annually by the Director of Public Works. 7. The loading space size requirement is 12 feet by 35 feet, not the 12 feet x 22 X feet shown. Submit a written request to the Engineering Division that justifies a reduction in the loading space size. Written approval from the Engineering Division authorizing the reduced loading space size is required. Sibia Building (NWSP 09-001) Conditions of Approval Page 2 DEPARTMENTS INCLUDE REJECT 8. A direct connection to sanitary manholes are not allowed, provide a X connection with a wye five feet from manhole (revise plans at time of Engineering plan review). 9. Comprehensive Plan policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available, City water shall not be allowed for irrigation. Indicate irrigation point of connection on civil plans (revise plans at time of Engineering plan review). 10, The lighting design as shown on sheet L-l & L-2, shall provide a minimum X average light level of one foot-candle. On the Lighting Plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A.I.a and Florida Building Code). Provide a note that the fixtures shall be operated by photoelectrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. UTILITIES Comments: 11. Please provide a timeline that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 12. Palm Beach County Health Department permits may be required for the water X and sewer systems serving this project (CODE, Section 26-12). 13. CODE Section 26-34(E) requires that a capacity reservation fee be paid for X 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. 14. 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 project, in accordance with the CODE, Section 26-15. , FIRE Comments: Sibia Building (NWSP 09-001) Conditions of Approval Page 3 DEP ARTMENTS INCLUDE REJECT 15. A sprinkler system is required for the building. X POLICE Comments: 16. Prior to issuance of the first building permit, the applicant shall prepare a X construction site security and management plan for approval by the City's Police Department CPTED Official. Security measures at a construction site are determined after a security survey is conducted using the following procedures: a) One (1) staging area, to store equipment and park machinery, must be fenced. b) The staging area must be visible from an accessible roadway to allow effective police patrol. c) Lighting must be provided to allow complete visibility to the area. d) Approved padlock for all storage trailers and equipment trailers and park within staging area. BUILDING DIVISION Comments: 17. 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. 18. 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 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. 19. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607,1. Indicate the live load (pst) on the plans for the building design. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a) From the FIRM map, identify in the site data the title of the flood Sibia Building (NWSP 09-001) Conditions of Approval Page 4 DEPARTMENTS zone that the building is located within, Where applicable, specify the base flood elevation. The finish floor elevation of all habitable space in new construction not located in a flood zone shall be elevated a minimum of twelve inches above the crown of the road. INCLUDE 22, 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) 23. 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. 24. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. a) Palm Beach County Planning, Zoning & Building Division, 100 Australian A venue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) b) United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872) 25. If this project is located within the Downtown Stormwater Improvement X Watershed, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. Contact Pete Mazze1a for further information at (561) 742-6404 26. Please note that the 2007 Florida Building Code will take effect on March 1, 2009. The design of the project will fall under the new code if the permit application is submitted on or after March 1,2009. PARKS AND RECREATION Comments: NONE (All previous comments have been addressed). X X REJECT Sibia Building (NWSP 09-00 I) Conditions of Approval Page 5 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: 27. Prior to the issuance of a building permit for the project, traffic concurrency X approval from Palm Beach County Traffic Engineering shall be required. 28. Prior to permitting, revise all plans to match architectural drawings that X include a front door for retail space. 29. Building wall signage shall be required to comply with the community design X plan guidelines, such as a single sign style and one (1) lettering style, limited to two (2) colors that complement the building (Chapter 9, Section 10.1. of the LDR). 30. Staff recommends elimination of any sod areas to reduce irrigation demand. X Revise landscape plan to substitute hardy groundcovers and shrubs in place of the sod. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ MWR/kz S:\Planning\SHARED\WP\PROJECTS\Dr. Sibia 709 S.Federal Hwy\COA.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida March 24, 2009 6. Old Business None 7. New Business Attorney Alexander administered the oath to all who would be testifying. A. Sibia Building New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Sibia Building (NWSP 09-001) Francisco Perez-Azua, Perez Design, Inc. HMRS, LLC 709 South Federal Highway Request new site plan approval for a two-story commercial building of 10,347 square feet consisting of medical office, general business office, retail space and associated site improvements on a 0.661 acre parcel zoned C-3, Community Commercial. Kathleen Zeitler, City Planner, provided a review of the adjacent uses of the property, as set forth in staffs report. The two points of ingress and egress included the front access from Federal Highway and the rear access from SE 4th Street. The proposed development consisted of medical and general (professional/business) office and retail space. The two-story building provided an under-story drive-through separating the ground floor space. The first floor consisted of general office and retail space, and the second floor, medical offices and physical therapy. The remainder of the site consisted of the 40 required parking spaces and landscaped areas. The Mediterranean building design resembled Spanish-style architecture with S-tile roofing, covered balconies, decorative aluminum railing, canvas awnings, ornamental aluminum grilles in stairway openings that matched the balcony railings and cross-hatched decorative scoring for visual interest. The Landscape Plan indicated a 6-foot buffer along Federal Highway, a 10-foot buffer and a pedestrian walkway along the north property line, except for where the building was proposed at the zero side setback. A 7V2-foot buffer was proposed to be located along SE 4th Street and along the south property line adjacent to the existing church buffer. Nearly 20% of the site would be pervious, consisting of landscaped and open space areas, with most plant material being native species. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 24, 2009 Two tile murals were proposed for Public Art, one on the east building elevation between the front doors of the first floor retail space, and the other on the south building elevation near Federal Highway. The project was located within the Traffic Concurrency Exception area. Traffic Concurrency approval from Palm Beach County was still pending and would be required prior to the issuance of a building permit. Staff had reviewed the proposed project for traffic concurrency, utilities, police, fire, drainage, vehicular and pedestrian access, and circulation. Staff recommended approval with 30 conditions. Francisco Perez-Azua, architect for the project, provided a PowerPoint presentation showing various views of the building exterior, interior, elevations, stair and elevator towers, terraces, windows, and floor plans. Chair Jaskiewicz opened the public hearing. Mary Law, 625 S. Federal Highway, inquired as to the color of the building and was advised the tone closely corresponded to the drawing displayed on the easel. She inquired whether any provision had been made for on-site drainage, and Mr. Perez- Azua responded affirmatively. John Wheeler, civil engineer with Caulfeld & Wheeler, noted the site plan required all stormwater be retained on site. The building had been designed to comply with the site plan conditions and to prevent runoff. A large drainage system would be installed in the center of the property as well. Ms. Law suggested the City of Boynton Beach work with the Department of Transportation to upgrade drainage, and prevent runoff from Federal Highway onto the property in the area. Chair Jaskiewicz inquired whether the project included a retaining wall or fence around the property. Mr. Perez-Azua replied there would be no fence. However, the perimeter would be heavily landscaped. A fence would surround the property during construction, and a landscape buffer would be installed, isolating the site from the adjacent property. Ms. Law requested fencing be installed to prevent people from entering her property. A question arose as to the design criteria. Mr. Wheeler advised the criteria provided for a 100-year storm elevation for a pre-post analysis. Ms. Zeitler noted the project met the City's criteria. She explained detailed, finalized drainage plans would be submitted at the time of permit review. As to landscaping, no buffer or fence was required, as the site abutted commercial property. As noted earlier, the perimeter of the site would be heavily landscaped, and drainage would be accommodated. The applicant was required 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 24, 2009 to secure a permit from the Department of Transportation and would be addressing the issue of water on the roadway. No one else having come forward, Chair Jaskiewicz closed the public hearing. A question was raised regarding the professional office and retail bays. Mr. Perez-Azua noted the area consisted of one retail and one office space, and tenants had already committed to rent the second floor. The lobby area would provide access to the retail bay. Access was also provided via Federal Highway. Concerns were raised for the south elevation, which was immediately adjacent to the church parking lot and very visible. Rather than having just the flat wall, it was suggested the score lines be removed, and relief be provided, especially at the pedestrian level, to create interest. Another suggestion was to plant bougainvilleas and vines to climb the side of the wall, adding colorful, visual interest and creating depth. It was believed consideration should also be given to the north elevation, which could influence the adjacent property as well. Mr. Perez-Azua noted the second floor had been recessed to allow the placement of canopies, and a recess had been created for the front of the building as well. Public Art would be added on the south elevation. Leo Urban, landscape architect with Urban Associates, noted there were two trees, a gumbo limbo and an oak, as well as a coco plum hedge existing on the adjacent property. Palm trees would be added to break up the wall expanse in the front area. Additionally, a "smart ET controller" would be used for water conservation, and would reduce the use of the reclaimed water by 85%. Other than the constructive comments made, the Board believed the project would be an asset and looked forward to the activity it would bring to the area. Chair Jaskiewicz inquired whether the applicant agreed to all 30 conditions of approval, and Mr. Perez- Azua responded affirmatively. It was anticipated the project would commence August 1, 2009. Motion Mr. Barnes moved to approve, subject to all 30 conditions. Mr. Lis seconded the motion that passed unanimously. 5