Sunshine Square COUS/MSPM
DEVELOPMENT ORDER OF THE CITY COMMISSION OF TH
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Sunshine Square
Develcpment
P&Z
BuUdlng
Engineering
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APPLICANT'S AGENT:
Arianne Nielsen, Land Design South
AGENT'S ADDRESS:
2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409
DATE OF H~ARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008
TYPE OF RELIEF SOUGHT: Conditional Use / Major site plan modification approval for a 1,436
square foot drive-through restaurant and a 4,280 square foot bank
within a C-3 zoning district.
LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach
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 manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/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
DATED:
S :\Planning\SHARED\WP\PROJECTS\Sunshine Square\
EXHIBIT "C"
CONDITIONS OF APPROVAL
Conditional Use / Maior Site Plan Modification
Project name: Sunshine Square
File number: COUS 08-001, MSPM 08-002
Reference: 2nd review plans identified as a Conditional Use / Maior Site Plan Modification with a February 6.
2008 Planning and Zoning Department date stamp marking.
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: NONE (All previous comments have been addressed) X
PUBLIC WORKS - Forestry
Comments: NONE (All previous comments have been addressed) X
PUBLIC WORKS-Traffic
Comments:
1. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
2. Show all off-site work on the plans, including that to be performed by the X
developer to the north of this project. Ensure that the primary entrance to
the project, located between the new bank building and the proposed
restaurant, lines up with the off-site work (by the Las Ventanas
development) proposed along Woolbright Road.
ENGINEERING
Comments:
3. At the time of permitting, all projects one-acre or larger shall submit a X
Notice of Intent (NOI) to the FDEP for coverage under the NPDES Generic
Permit. Copies of the NOI shall be provided to the City of Boynton Beach
Department of Public Works/Engineering Division and Utilities
Department/Engineering Division.
4. 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.
5. Provide a loading zone for each use (two total). Delineate and stripe the X
"Loading Area" (where applicable - LDR, Chapter 2, Section lI.J); include
a pavement message in yellow indicating "No Parking - Loading Zone".
Waiver to size of loading zones proposed is required.
Conditions of Approval
Sunshine Square CaDS 08-001
Page 2
I
DEPARTMENTS INCLUDE REJECT
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 and Section 1O.Z will be required at
the time of permitting.
7. 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.
UTILITIES
Comments:
8. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12.)
9. 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 msurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
10. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
11. 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.
12. Appropriate backflow preventer(s) will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207.
13. 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.
FIRE
Comments:
14. The Fire Rescue Department expects to be able to provide an adequate level X
of service for this project with current or expected infrastructure and/or
staffing levels.
Conditions of Approval
Sunshine Square caus 08-001
Page 3
DEPARTMENTS INCLUDE REJECT
POLICE
Comments: NONE (All previous comments have been addressed) X
BUILDING DIVISION
Comments:
15. 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.
16. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
17. To properly determine the impact fees that will be assessed for the project, X
identify on the site plan if the restaurant is a high quality, eat-in high turn
over, or fast food with drive- through type of restaurant. Also, identify on
the site plan the number of existing seats, number of new seats and the total
number of seats provided. On the floor plan, chronologically number all
seats including those seats that are around the bar.
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:
· 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)
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
Conditions of Approval
Sunshine Square caus 08-001
Page 4
DEPARTMENTS INCLUDE REJECT
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 Department of Engineering, the City of Boynton Beach Fire
Department, the City's GIS Division, and the Palm Beach County
Emergency 911.
· Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
· United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
23. If this project is located within the Downtown Storm water 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.
24. An accessible route shall connect accessible buildings, accessible facilities, X
accessible elements and accessible spaces that are on the same site per the
FBC section 11-4.1.2.
25. Curb ramps shall be provided as part of the accessible route between X
buildings and shall comply with FBC section 11-4.7
PARKS AND RECREATION
Comments: NONE (All previous comments have been addressed) X
FORESTER/ENVIRONMENT ALIST
Comments:
26. Conditional Use comment: The remainder of the Sunshine Square site X
should have the landscape and irrigation improvements completed (original
or revised plan) as part of the conditional use.
27. Plant List Sheet L-l All shade trees (Jatropha hastata) must be listed in the X
description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground).
The height of the trees may be larger than 12' -14' to meet the 3" diameter
requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. S.C.
2.] The landscape design does not include the City signature trees
(Tibochina granulosa) at the ingress / egress areas to the site. These trees
must meet the minimum size specifications for trees. [Environmental
Regulations, Chapter 7.5, Article II Sec. 5.C.3.N.]
28. All shrubs and groundcover plants should have a height and spread X
dimension.
Conditions of Approval
Sunshine Square caus 08-001
Page 5
DEPARTMENTS INCLUDE REJECT
29. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings and parking
lot areas from the Woolbright Road and Federal Highway rights-of-way.
30. Landscape Plan Sheet L-2: The landscape areas should provide a visual X
buffer between the residential property and the commercial site.
31. 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.]
PLANNING AND ZONING
Comments:
32. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
Submit a completed Art in Public Places application to Planning and
Zoning. Identify on both site plan and landscape plan the location for
public art, and include a detail on plans of the proposed artwork.
33. Revise sheet A1.01 to include building height of each elevation. X
34. The proposed loading areas do not comply with minimum required X
dimensions of 12 feet by 35 feet. A loading area may not be essential to the
operation of the proposed uses of a bank and Starbuck's. A waiver to this
requirement may be submitted to the Engineering Division for their review
and determination.
35. Prior to the issuance of a building permit, a formal Sign Program shall be X
created and submitted for staff review and approval, for all tenant signs,
including those on the rear of the buildings.
36. The Site Plan Modification and Conditional Use approval for this X
application request is contingent upon City Commission approval of a
variance to the number of parking spaces on site.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS
Comments:
None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments: ~
Conditions of Approval
Sunshine Square caus 08-001
Page 6
DEPARTMENTS INCLUDE REJECT
To be determined. .
MWR!kz
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\MSPM 08-002 COUS 08-001\COA.doc
Exhibit "A" - Site Location Map
Sunshine Square - COUS 08-001 I MSPM 08-002
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