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Smokey Bones DEVELOPMENT ( JER OF THE CITY COMMISSION ' THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. Llcen.e Deputy City Clerk PROJECT NAME: Smokey Bones APPLICANT'S AGENT: Linda Nunn 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 TH IS 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 manner consistent with the requirements of the City's Land Development Regulations. 2. The AP~nt 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 "CO 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 ~'m. ~n City Clerk S:\Planning\SHAREDlWPlPROJECTSlSmokey Bones\NWSP 06-019\DO.doc ... 1 in. : 135.8 feet Smokey Bones Exhibit A i . 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II ....,......... ..+ Ii' !I IlIliIS'IIUI"UII':UI'J"auUIIII i ,I "fiJlhqll H~IIU'1f 1111"'1, . il if ~:f! ~,' In !~HrJlnj: !Ii' i i, 'I~ I j Ijli'l~ " '. f I ~ j ~ I I · " f ! fl. I I j I IJ I I i I, f j, jl I I f 'f!f <II . !Jr ~i~1 ;0 I ' e I1II ...... la ~,. ~CN I ~XHIBIT "C" 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 a~. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Connnents: None X PUBLIC WORKS- Traffic Connnents: I. 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 I, 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 pennitting. UTILITIES Comments: 3. Palm Beach County Health Department permits 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-l6(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 detennined based upon final meter size, or expected demand. 6. A building pennit 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 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT acceptability at this time. All utility construction details shall be in accordance wi1h 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. ]0. 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. -- ]1. 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. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall no' exceed the limits set forth in Tab]e 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 nrovisions 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 pennit application. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. A water-use pennit 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 of permit 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 she 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 pennit 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 incolporate 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 of pennit 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 building permit application at the time of application 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. FORESTERlENVlRONMENTALIST Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I 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 II Sec. 5.C. 2.J 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 II Sec. 5.C. 2.J 25. The applicant should add a note on Sheet L20 I that all utility boxes or X structures (not currently known or shown on the plan) should be screened with Coeo olum hedl!e olants on three sides. 26. The applicant should add a note on Sheet L20 I 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 catel!ories of trees, shrubs and l!Toundcovers/. 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 II Sec. 5. C.2.J PLANNING AND ZONING Comments: 30. Staff recommends additional and larger landscape material along the north X elevation, and include a greater number of taller shrub specimens and trees alonl! 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 easemen1 for the shared monument will be required. All site and buildinl! sil!J1al!ewill be subiect to the Sil!J1 Prol!T31ll 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 final ed, as well as all deoicted 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. 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 permitting. 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 desil!11S (such as a driP svstem), 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 triDS noted in the Bovnton Villal>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\PROJECfS\Smokey Bones\NWSP 06-0 I 9\CQA.doc