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
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; " ': ' n ~VELOPMENT ORDER OF THE CITY COMMISSION OF THE
\ MAY , ,j ',CITY OF BOYNTON BEACH, FLORIDA
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Development
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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
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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.
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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
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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