R09-176
II I
1
2 RESOLUTION NO. R09-I76
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING A LAND DEVELOPMENT
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND GULFSTREAM GARDENS, LLC.,
9 THAT INVOLVES A REVISED CITY PROCESS FOR
10 EXPEDITING SITE REVIEWS AND MODIFYING
11 SURETY REQUIREMENTS; AUTHORIZING THE
12 MAYOR AND CITY CLERK TO EXECUTE THE
13 LAND DEVELOPMENT AGREEMENT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, the Land Development Agreement between the City and Gulfstream
17 Gardens simplifies and reduces City-staff requirements for site permits by addressing all
18 issues relative to the construction site and eliminating the need for multiple site
19 component permits and reviews; and
20 WHEREAS, upon recommendation of staff, the City Commission of the City of
21 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
22 Boynton Beach to approve and authorize execution of the Land Development Agreement
23 between the City of Boynton Beach and Gulfstream Gardens, LLC..
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Resolution upon
28 adoption.
29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
30 approves and authorizes the Mayor and City Clerk to execute the Land Development
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1 Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC., which
2 simplifies and reduces City-staff requirements for site permits by addressing all issues
3 relative to the construction site and eliminating the need for multiple site component
4 permits and reviews, a copy ofthe Agreement is attached hereto as Exhibit '"A".
5 Section 3. That this Resolution shall become effective immediately.
. 1
6 PASSED AND ADOPTED this I ,:- day of December. 2009.
7
8 ;~~;CH'FLOmDA
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23 Commissioner - Marlene Ross
24 ATTEST:
25 Y'n P/u~>
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27 Jan M. Prainito, CMC
28 City Clerk
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W..~'IM
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
1
TO: Kurt Bressner. City Manager r1
~Q~ \ \ ()
FROM: James A. Cherof, City Attorney \\~
Date: December 29,2009
Re: Review of Gulfstream Gardens Land Development Agreement
The Gulfstream Gardens Development Agreement and the Exhibits referenced therein
have been reviewed by staff and Legal. The document is ready for signature and
implementation.
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CITY OF BOYNTON BEACH
LAND DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this t:l~~day of.~009, by and between the
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORID , a municipal corporation
and a political subdivision of the State of Florida with an address of 100 East Boynton Beach
Boulevard, Boynton Beach, Florida, 33435 (hereinafter referred to as "City") and
GULFSTREAM GARDENS, LLC., a Florida limited liability company with an address of 601
Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter referred to as "Developer").
WIT N E SSE T H:
WHEREAS, this Agreement IS the culmination of negotiations and mutual
understandings held by the parties, and the parties wish to establish by agreement the terms
under which certain Property as hereafter detined may be developed; and
WHEREAS, the Developer holds the fee simple title in certain real property located in
the City of Boynton Beach, (such property being referred to herein as "Property") and such
property is descri bed on Exhibit" A" attached hereto; and
WHEREAS, the City has passed and approved a Development Order as of October 1 0,
2005, and modi tied on August 8, 2008, concerning the Property. Such order, extensions and
modifications are attached hereto and made part hereof as Exhibit "B" (the "Approval"); and
WHEREAS, the Developer has received approval of a Final Plan of Land Development
from the City, based upon a plan prepared by Shah Drotos & Associates approved by letter of
July 6, 2009 and May 22, 2009 copies of which are attached as Exhibit "C" and
"D" (hereinafter referred to as the "Plan"). The Plan is incorporated by reference as Exhibit "E"
and shall be construed as a material part of this Agreement. For purposes of clarity, the parties
have initialed each page of the Plan in the lower right corner of each page; and
WHEREAS, the Developer contemplates constructing on the Property a development of
thirty-two (32) buildings consisting of three hundred eight (308) rental units (the "Project"); and
WHEREAS, with respect to such Approval. the parties desire to amend the terms of the
Approval as is further set forth in this Agreement: and
WHEREAS, the City is willing to permit Developer to commence said construction after
development plan approval by the City's I'.ngineering Division of the Department of Public
Works and upon the execution of and compliance with this Agreement as hereinafter set forth,
and
WHEREAS, this Agreement is a "Developer's Agreement" as that term is defined in
Florida Local Government Developer Agreement Act (Section 163.3220-163-3243, Florida
Statutes) and City Ordinance. In the event of any connict between the terms or conditions of this
Agreement, the Act and the Ordinance, the terms or conditions of the Act shall control.
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NOW, THEREFORE, for and in consideration of the approval by the City of
Developer's request to commence construction, after development plan approval by the City's
Engineering Division of the Department of Public Works, of the improvements and upon
compliance by the Developer with the terms and conditions hereof, Developer, intending to be
legally bound, covenants and agrees with the City as follows:
(1) Developer shall construct or cause to be constructed, at its own expense, all
improvements specified on the Plan. The City is not obligated by this Agreement to pay for any
portion of the improvements specified in the Plan. The improvements shall be completed in
conformity with the City's requirements and specifications in a satisfactory manner, except for
those different requirements and specifications listed on Exhibit "F".
(2) The recitals are true and correct and are hereby incorporated into and made part of
this Agreement. All attachments, exhibits and appendices attached hereto shall be deemed
hereby adopted and incorporated herein. providcd any conflict between the attachments and this
Agreement shall be deemed to control.
(3) The "Effective Datc'" of this Agreement shall be December 2,2009.
(4) City hereby agrees, subject to all applicable laws, rules, and regulations to issue all
necessary permits to allow Developer to construct the improvements specified above on the Plan.
City's agreement to issue said permit(s) is conditioned upon the following:
(a) The execution of this Agreement by the Developer and the City;
(b) If applicable to the Project, the recording of the final plat of the Project with
the office of the Palm Beach County Clerk's office;
(c) The permit application fees that were previously paid by the Developer on
January 9, 2006 in the amount of One Hundred Eighty-Two Thousand Seven Hundred and
Noll 00 Dollars ($182,700.00) shall be applied to the revised building permit application fees;
(d) The payment by the Developer of all fees and charges described on the Plan,
required by this Agreement, or required by the City's ordinances, regulations and resolutions,
unless (i) specifically modified by this Agreement, and (ii) provided further, however, any
remaining permit application fees which may be owcd. if any. shall be calculated based upon
rates in effect as of October ]0.2005:
(e) Acquisition by the Developer, beyond appeal, of all permits, licenses, consents
and easements required to be obtained from any agency, department, branch, authority, or other
subdivision of any government or governmental agency having jurisdiction over any aspect of
the improvements or required to be obtained from any private individual organization, including
any public entity (hereinafter referred to as "the Permits"). To the extent that any Permit is
required to be issued in the City's name, the Deve]oper shall prepare, file and prosecute the
application for it, including all appeals pertaining to it, at the Developer's expense. The City
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agrees that it will execute applications and other documents necessary to obtain said Permits
from time to time as required by the circumstances;
(1) Notification by the Developer to the City and the City Engineer of the
Developer's intention to begin the construction on a date which is at least five (5) days after the
date the City actually receives the notice:
(g) Delivery to the City by the Developer of the insurance documents required
pursuant to this Agreement;
(h) The Developer has delivered recordable easements in favor of the City as
shown on the Plan, if any, together with recordable deeds of dedication for streets, open space
and other areas to be dedicated to the City, if any, all of which easements and deeds shall be
satisfactory to the City in form and substance:
(i) Compliance by the Developer with all terms of this Agreement; and
(j) All stipulations and representations by the Developer, its attorney(s) and agents
during City Commission or City Board meetings are incorporated by reference herein, as well as
all agreements, regulations, rules, and orders of the City of Boynton Beach.
(5) Construction of all roads, sidewalks, curbs, drainage systems, storm drains, sea
walls, rights of way, easements, open space, park and recreation sites and other improvements
and installations as set forth on the Plan shall take place and be completed in an expeditious
manner as quickly as may be possible but consistent with proper and efficient methods of
construction. but in no event, later than December I. 20] 4. The construction shall include but
not be limited to all off-site improvements and drainage systems. Furthermore, as quickly as
possible, but consistent with proper and efficient methods of construction, Developer shall
construct all improvements specified on the Plan including, but not limited to, all paving and
installation of all surfaces, grading, curbing, drainage facilities and incidental drainage facilities,
erosion controls, fencing, landscaping and lighting, and traffic controls related to Developer's
use of the property.
(6) Except as otherwise set forth in this Agreement (which limits certain standards
applicable to construction, among other things) Developer shall, if applicable, erect all
structures and fixtures on the site and perform all other work to the reasonable satisfaction of the
City Engineer and in accordance with the plans filed with the City, all City ordinances and
resolutions and the rules and regulations of the Florida Department of Environmental Protection
(hereinafter referred to as "DEP"), and any other federal, state, county. or municipal regulatory
agency. Developer shall procure and comply with all applicable permits issued by the State of
Florida Department of Transportation for the work within the Federal Highway right-of-way.
(7) Prior to work beginning on the Project, a pre-construction meeting will be
scheduled by the City with representatives of the Developer, including its contractor(s). The pre-
construction meeting will be scheduled as soon as possible after this Agreement is executed. It
shall occur before any site work is initiated or a building permit issued.
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(8) The parties agree, acknowledge and understand that the Project is not a
subdivision. Anything to the contrary notwithstanding, the Project may, at the option of the
Developer, have a private water and sewer system, privately owned and maintained (the
"Private Water and Sewer System"). Furthermore, the Developer shall be completing
drainage and paving for the Project in a manner as described in this Agreement (the "Drainage
and Paving Improvements"). The Private Water and Sewer System and the Drainage and
Paving Improvements shall be designed to standards that arc in accordance with FDEP,
A WW A, and NFP A and the 10 State Standard (the "Public Standards"). In the event of any
conflict regarding interpretation, application, or compliance with the Public Standards
between the City Engineer and the Developer, that cont1ict shall be resolved using the Earlier
Neutral Evaluation process of the American Arbitration Association (AAA), provided the
Parties shall be bound by the recommendations contained in the evaluation. The Parties agree to
a process timetable not to exceed 14 business days commencing with either parties demand for
submission to AAA. There shall be no more than two (2) master meters for the water system
serving the Project. Since the Developer may elect to install and maintain a Private Water and
Sewer System, the Backflow Prevention Devices shall be in accordance with City established
standards as amended from time to time. The Backtlow Prevention Devices may be inspected
annually by the City. In the event the Backtlow Prevention Devices are not in conformance
with City standards the Developer or its successors or assigns shall be required to replace the
Backt10w Prevcntion Devices with devices that conform to the City standards. Replacement
shall be made within fourteen (14) business days following written demand by the City. All
costs associated with the replacement of Backtlow Prevention Devices shall be borne by the
Developer, or its successors or assigns.
The Developer may not transfer nor shall the City accept transfer of the Private Water
and Sewer System for a period of twenty- five (25) years following completion and
certification of the System. Future transfer of the System shall be conditioned on
conformance of the System to City standards in effect at the time of transfer.
(9) Except as otherwise set forth herein as to the Private Water and Sewer System,
all other systems and/or equipment required to be installed by the DEP, or any other regulatory
agency, and/or other safety equipment reasonably required to be installed by the County, City,
the City Engineer, Building Onicial or Fire Marshal shall be installed and maintained to the
reasonable satisfaction of the City representatives.
(10) Without limiting the generality of Section 8 as to the Private Water and Sewer
System, the water system shall bc revised to include the following revisions:
(a) Revise the DIP water main to C-900 PYC DR-18 material; and
(b) Revise the water/sprinkler services to eliminate some gate valves and replace
the 2" copper pipe with poly pipc.
( 11) The Developer shall arrange, in advance, with the City Engineer for inspection of
the work as the work progresses. The City Engineer shall inspect or shall require the engineer of
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record for the Project to inspect the premises promptly after the Developer requests same.
Developer agrees that such inspection shall include inspection of those portions of the site
improvements. if any, which were approved by DEP. The City Engineer is authorized to issue
stop work orders or to require removal of any work which is not completed in accordance with
the ordinances, resolutions and/or specifications of the City, the Plan, and the materials
submitted to and approved by DEP or, any other regulatory agency, or any portion of the
improvements that were not installed in a good and workmanlike manner. Conflicts regarding
opinions of the City Engineer shall be resolved using the Earlier Neutral Evaluation process of
the American Arbitration Association (AAA), provided the Parties shall be bound by the
recommendations contained in the evaluation. The Parties agree to a process timetable not to
exceed 14 business days commencing with either parties demand for submission to AAA.
(] 2) Developer agrees to, at all times, hold the City harmless from any claims or suits
which any adjoining or nearby property owners or any person whatsoever may bring against the
City or against the City officials and cmployccs and against the Developer, and any of its
officials and employees, or subcontractors, for any conditions occurring on adjoining or nearby
property, caused or alleged to be caused by conditions arising from the Project or in any way
caused by Developer or its agents. Such indemnification shall include, but shall not be limited
to, attorneys' fees, paralegal expenses, engineering and expert witness fees at both the trial and
appellate levels, and any judgment rendered against the City, its officials or employees, in favor
of adjoining or nearby property owners and resulting from alleged conditions arising out of
Developer's construction activities or any other aspect of the Project. Nothing herein shall
constitute a waiver of the City's right to sovereign immunity.
( 13) Developer shall provide to the City evidence of general public liability insurance in
an amount of not less than One Million and Noll 00 Dollars ($1,000,000.00) naming the City as
an additional insured. A certificate of such insurance evidencing such insurance, and naming the
City as an additional insured, shall be delivered to the City at the time of the execution of this
Agreement. If Developer is self-insured, in lieu of exhibiting general public liability insurance,
the Developer and City will execute an indemnification agreement acceptable to the City
Attorney which provides that the Developer will indemnify and hold harmless the City against
all loss, cost, damage and expense from any claims occurring and/or caused by the Developer
and/or any aspect of the Project, including but not limited to those specific items and expenses
set forth in this Agreement.
( 14) The entire work on the improvements shall be completed by the Developer on or
before December I. 2014.
(15) In the event that the Developer violates any provision of this Agreement, the City,
through its authorized representatives, reserves the right to issue a "cease and desist" order, and
Developer hereby agrees to comply there with until such time as any deficiency or violations
have been corrected to the satisfaction of the City.
( 16) The Project is not a subdivision: therefore, the City will only require surety for
the driveway connections and sidewalk improvements on Dixie Highway, which is estimated
to be no more than Fifteen Thousand and Noll 00 Dollars ($15,000.00). The City will,
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however, require the Developer to complete certain phases of site construction before occupancy
of units. The City agrees to work expeditiously with the Developer to prepare a phased plan of
necessary and required site improvements that would allow safe occupancy and access of certain
units. Said phasing plan of site work will be paid for and created by the Developer with input
and ultimate approval by City staff.
(17 ) Upon the execution of this Agreement. the City shall issue a release letter to M & I
Bank directing M & I Bank to return to the Developer the Letter of Credit, LOC No. SB8767, for
Dixie Highway, in the amount of Four Hundrcd Forty Thousand Eighty-Nine and 651100 Dollars
($440,089.65).
(18) The Developer agrees that the City Engineer, Building Official, and the Fire
Marshal or their designees may inspect the Project at any time both before and after the issuance
of a Certificate of Occupancy. The right of inspection shall continue during the entire period of
time that the Developer and/or its successors and/or assigns are operating a business or own
property in the City. The time, place, and scope of such inspections shall be at the full discretion
of the City Engineer, Chief Building Official, or the Fire Marshall as the case may be.
(] 9) Consistent with the terms of this Agreement. the Developer shall comply with the
provision of this Agreement, the provisions of all applicable ordinances and resolutions of the
City, including but not limited to, the Zoning Ordinance the Land Development Ordinance,
Engineering Specifications, the Florida Building Code, the requirements of the Florida
Department of Transportation, the requirements of the DEP, all federal and state statutes and/or
regulations, and the Plan.
(20) Thc Developer will be responsible for the discarding of waste materials in
accordance with City code, such as building materials, papers, cartons and the like (whether
discarded by it or others employed by it or by others engaged in the delivery of the aforesaid
materials and/or construction of the Project) and agrees to prevent the same from being buried on
the site or deposited, either by being thrown or blown upon any land adjacent to, or within, the
vicinity of the Project. Developer shall be responsible for the removal of trash and waste
material from the site as frequently as ncccssary to maintain the Project in a neat and tidy
fashion. Developer is prohibited from conducting on-site burning of land clearing materials or
other wastes.
(21) The Developer agrees that it will not erect, or permit to be erected on its behalf any
signs within the City of Boynton Beach which do not comply with the City's Zoning Ordinance
or applicable approvals and/or variances grantcd to Developer.
(22) Subject to the terms and conditions of this Agreement, the Developer shall
comply, in all respects, with the rules, regulations and requirements of all governmental bodies
and/or agencies having jurisdiction with respect to this Plan and shall assume all costs, expenses
and responsibilities in connection there\Nith. without any liability whatsoever on the part of the
City.
(23) All facilities, structures and improvcments shall be designed to ensure access for
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the disabled in accordance with the Americans with Disabilities Act, in addition to any other
applicable relevant federal, state and local laws, rules and regulations.
(24 ) If applicable, the Developer shall secure all necessary permits from the United
States Army Corps of Engineers, the DEP, the South Florida Water Management District,
Florida Department of Transportation and any other regulatory agency with respect to any
construction or impact to wetlands as a result of the Project.
(25) The Developer shall install at its own expense street lights and traffic control signs
and street identification signs as required by the Plan.
(26) The City's progress reviews. tests and inspections under the terms of this
Agreement are for the exclusive benefit of the City. They do not confer rights on any other
person or organization, and no person or organization may rely upon them for any purpose. By
allowing the construction of the Project or accepting dedication of the improvements, the City
does not represent or warrant to the Developer or to any third party that the Project or the
improvements have been constructed as required by this Agreement or that they are suitable for
their intended purposes.
(27) This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Developer is an independent contractor under this
Agreement and not the City's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Developer shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Developer activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered under
this Agreement shall be those of Developer. which policies of Developer shall not conflict with
City, State, or United States policies, rules or regulations relating to the use of any funds
provided for herein. The Developer agrees that it is a separate and independent enterprise from
the City, that it had full opportunity to find other business, that it has made its own investment in
its business, and that it will utilize a high level of skill necessary to perform the work.
(28) This Agreement shall be binding on the City and without limitation of the
foregoing, but by way of example. binding upon the Building Official, and City Engineer,
provided, nothing herein shall limit the independent authority of the Building Official as
provided in the Florida Building Code or local amendments thereto. This Agreement shall be
binding on Developer and its successors and assigns, including successor or assignee.
Developer, at its sole discretion, may assign, in whole or in part, this Agreement or any of its
rights and obligations hereunder, or may extend the benefits of this Agreement without the
prior written consent or any other approval of the City, provided the assignee has obtained
independently of such assignment, a real property interest in the Project.
(29) By execution of this Agreement. the Developer, for itself; its successors and
assigns agrees with the City and its successors and assigns that the obligations undertaken herein
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by the Developer shall be covenants running with the land and any deed of conveyance of the
Project or any part thereto shall be under and subject to the terms and conditions of this
Agreement.
(30) This Agreement contains the entire agreement between the City and the Developer,
and any changes or modifications to this Agreement shall be effective only if the same are in
writing and executed by both the City and the Developer. Any changes or modifications to this
Agreement shall be made in accordance with the laws of the State of Florida and the pertinent
ordinances of the City of Boynton Beach; provided however, that the Approvals and Plan may be
changed from time to time in accordance with those ordinances (and notice provisions contained
therein) of the City of Boynton Beach, Florida pertaining to site plans and site plan
modifications.
(31) In the event that either party brings suit for enforcement of this Agreement, the
prevailing party shall be entitled to an award of all reasonable attorneys' fees, paralegal
expenses, at the trial and appellate levels. interest, and Court costs incurred by such prevailing
party against the losing party.
(32) The Parties agree to cooperate with each other to the full extent practicable
pursuant to the terms and conditions of this Agreement.
(33) The Project is exempt from: (i) capacity reservation fees as set forth in Section 26-
34 (E) of the Code of Ordinances; and (ii) Art in Public Places Program fees (Article XII of
Chapter 2, City Code of Ordinances).
(34) The Developer will be responsible for contracting for professional services for the
purpose of performing all site inspections as to, civil site work and utility construction. Those
performing such services shall certify to the City that construction conforms to the approved
plans and all applicable and recognized codes and standards for the work being performed.
Nothing herein shall prevent the City from performing its own site inspections to ensure
compliance with referenced codes and standards. Certificates of Occupancy shall be dependent
upon final acceptance of pertinent certifications by the City.
(35) The parties acknowledge, understand and agree to the fee calculations reductions
and waivers set forth herein, including but not limited to Section 4. In that regard, the parties
understand, acknowledge and agree that the Parks and Recreation fee should be calculated
based upon Seven Hundred Seventy-One and No/lOO Dollars ($771.00) per unit. Anything in
the Conditions of Approval for the Project to the contrary notwithstanding, the collection of
any Parks and Recreation fee shall be calculated and collected in accordance with this
Agreement.
IN WITNESS WHEREOF, and intending to bind their successors, assigns, personal
representatives and heirs, the City has caused this Agreement to be executed in its name and on
its behalf by the Mayor, and the Developer has caused this Agreement to be executed by its
corporate officers, all as of the day and year first above written.
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ATTEST: CITY OF BOYNTON BEACH, a Florida
"^'"' n, . -L municipal corporation
____. '-_I___L .__
rainito, City Clerk By: _
APproverlr to or
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Office of the City A
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Wilms 1-- - I ~ > . ~\C:~-n' LCco--o_: Managing Member
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Witness
STATE OF FLORIDA )
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COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appcared_.__J~(J:'~ I A~ lor as
\V\ ~L_ __ . __.n of the City of Boynton Beach, Florida, who's ~erso ally known to me,
~ Wfl jJluctuec8 _______.________ _.n _ n _ .00. . a~ identifiea 'ffll, and acknowledged
executing the foregoing Agreement as the proper ot1icial of the City of Boynton Beach, Florida
for the use and purposes mentioned therein.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this IL day of ~~r.T"-- ______, ~ C10,D.
CL
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STATE OF ~\Dv\Oa. )
COUNTY OFQ~~ ) ss
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BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ~ t--'\. Lococ.o as
Mo.~~t\OVV\~v of Gulf,:'tream Gardens, LLC., who is personally known to me or who
has pro c B-- D\rhM)lrS-uli.c..eu~n__ as identification, and acknowledged executing
the foregoing Agreement as the proper ofTicial of Gulfstream Gardens, LLC., for the use and
purposes mentioned therein,
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this ~'::____ day of _ ___ '3fl\V\MQ. V'L , 2009, 2.Dt 6
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I'..,.YPII~ TIFFANY EASLEY
~V... MY COMMISSION # 00519763
"~OF,,"lIJ~ EXPIRES: February 16. 2010
1-8QO.3-NOT ARY FL Notary Discount Assoc. Co.
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GULFSTREAM GARDENS l crnA SHAll . I"''''''"' CUt .r tJ($C/OIP"O"
06 '0 'C~ IO[]Il IIF;VSE: ctu. 'OW(~ '''Iro
(PB 107, PGS 175-176, PBeR) , ~ DROTOS ",,,,,,, (1'0),," "01' ~P""l( W!'vc,
~ 0, {j()'rr"ON i-'A,," <JlA':;" \.<JeJ,n c, O",LJ~ t & Ass 0 C I A. T ~ OS p,A,tmlr.G
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~ BOUNDARY AND TOPOGRAPHIC " [NGIN[(RINC AUfH ~0. 563. SURVEYING lie NO, lB-6456
SURVEY ~'" 0 N Andr...,s A~en"" ("I. . Pompono Beoch, FI 3306~
PH: 9a~. 9,0 9<43.3 . fAX: 954-783 475~
EXHIBIT "B"
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P,Q. Box 310
Boynton Beach, Aortda 3342S..()310
TEl: 561-742-6260
FAX: 561-742-6259
www.boynton-bead1.org
October 10, 2005
Mr. Bradley Miller, Alep
Miller Land Planning Consultants, Inc.
420 Boynton Beach Blvd. - Ste. 201
Boynton Beach, FL 33424
RE: Gulfstream Gardens POO
File No.: NWSP 04-016
Location: West side of Federal Hwy. appx. 1;4 mile north of Gulfstream Blvd.
Dear Mr. Miller:
Enclosed is the Development Order granted by the City Commission on October 10,2005. The site plan approval is valid for
one year from the date of final approval. In order to maintain vested status, a building pennit 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. 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 pennit 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 TRC
member for additional clarification of comments.
Imoortant: If you 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 pennit package to the Building Division.
.4 copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
Jubmitted to the BuUding 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.
Sincerely,
W-~
Michael W. Rumpf
Director of Planning & Zoning
Ene. - DO
S:\Plannlng\SHARED\WP\PROJECTS\Gulfstream Gartlens\Gulfstream Gardens IINWSP 04-Q16\Appvl Ltr"doc
,
" ' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA ......,
II
PROJECT NAME: Gulfstream Gardens BuJldtnl
EntIn..'''',
Oco, L1eenlt
AGENT: Dtptrty CIlJ 0",*
Mr. Bradley Miller, Alep with Miller Land Planning Consultants, I c.
AGENTS ADDRESS: 298 Pineapple Grove Way De/ray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 5,2005
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 198 townhouse units on
9.99 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Federal Highway. approximately ~ miles north of
Gulfstream Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MA TIER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hea'ring 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 !he relief sought was made by the Applicant in a m ~hr Ilorfllis~~:cc. .
the requirements of !he City's Land Development Regulallons. i" . · · l '~I n ) !
2. The Applicant /JI.. Iocr I 0 imi ~
~AS
_ HAS NOT DEPARTMENT
OF DEVELOPMENT
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 AP~t'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 wi
and conditions of this order.
7. Other
DATED: 10- 01- 06
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EXHIBIT "C"
Conditions 01" Approval
Project name: Gulfstream Gardens
File number~ NWSP 04.016
Reference; 2m1 review Tcvised plan!; identified III __ New Silt Plan with & July 12 2005 Plannine: and ZoniIlJ
DC{llIl11'llent date stanlp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Gea.eral
COl'Dl'Dellts: Non., X
PUBLIC WORKS - Traffic
Comments:
1- At the time of pennitting, show all proposed off-liite improvements required X
for this project. The: nor1hbound left tum I~e appears to go further south
than deo1cted on the 'Dlans. Additional Wstail is reQuired fot off-site work.
2. The provided plans do not show improvements required by staff. For instance X
two (2) 11.foot wide lane! and a dedicated southbound left turn Jane on Old
Dixie: Hiabway are to be constructed for this project and to accommodate
traffic movements into \be southwest development driveway. The typical
section for Old DUcic Highway should include curb and gutter, sidewalk, and
associated drainage in keeping with the more urban developments being
proposed for this area inc1udina Gulfstream Gardens. Provide a letter of
credit or some other form af surety acc~ble to the oity to guarantee the
construction of the new roadway for Old Dixie Highway, provided that the
construction begins within five (5) years of the issuance of the fmal certificate
of occupancy (CO) fox this project. If constru.cti.on has not begun, the SUItty
will be returned to tbe devcloDer.
3. Relocate the parking in front of the Recreation area in accordance witb X
Engineering Stand.d Detail K-8 (parkin, Area-Restricted Parkina Area.) As
proposed. vehicles would be able to back directly into oncoming traffic
entering the development from Federal Highway, creating an unsafe situation
for the tr8velinl! Dublic.
ENGINEERING DmSION
Comments:
4. The medians on Federal Highway have existing mgation and plant material X
belonging to the City of Boynton Beach. Any damaze to the itTigation system
and/Qr plant material as a result of the contractor's operations shall be repaired
or replaced to the equivalent or better grade, as approved by the City of
Boynton Beach, and shall be the sole responsibility of the developer. The
connctor shall notify and coordinate with the City of BO)l\toD Beach
ForestTy & Grounds Division of Public Works a minimum or six (6) weeks in
advance of any underground activities. Please acknowledge this reviled
Hl 39~d 9NINN\fld [,SZ9Zt>ltgs '313:t>t lBBlIlBItB
COA
12109/05
2
DItPAll1'MENTS lNCLUD'S "REJECT
notice in your conunents reapolUe and add a note to the appropriate plan
sht:Cts with the above stated infonnation.
5. Provide additional ddaiJ for the proposed landscaping changes proposed for X
the Federal Highway medians and well 8.S its impact on existing bushes and
shrubs, The proposed narrower median will require new landscaping details.
Reuse of existinalandscapina may not be appropriate depending on the final
median confiL'1.II'8tion.
6. FuU Drainage Plans, includina drainage ca1ewations. in accordance with the X
LDR. Chapter 6, Article IV, Section S will be requiJed at the time of
oermittina.
7. Pavina, Drainage and Site details win not be reviewed .for construction X
acceptability at this time. All enaineering coD$truction details shall be in
accordance with the applicable City of Boynton Be&A::b Standard Drawings
and the "EIIIlnecriDI DnigD Handbook and Collltruedon SCand.rd."
aDd will be reviewed at the time of construction PCtIDit application.
VTrUTmS
Comments:
8. Palm Beach County Health Department permits will be required for the waler X
and sewer systems serving this ptoj~t (CODE., Section 26.12).
9. Fire flow calculations will be required demOll81ratin& 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 IDR, Chapter 6, Article IV, Section
16, or the requirement imposed by iniUlaoce underwriters, whichever is
lD'eater (CODE, Section 26-16(b)).
10. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either- upon me request for the Department's signature on the
Health Department application forms or within seven. (7) days of Site Plan
approval, whichever occ:urs mst. This fee will be delcnnined based upOn
final meter size, or exoectcd demand.
11. Water and sewer Imes to be owned and operated by the City shall be tn.cluded X
within utility easemenl5. Please show all proposed easements on the
CDllintCM& drawings, using a minimum width ot 12 feet. The CUCDJmlts
shall be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a).
12. A building permit for this project shall Dot be issued until this Department bas X
approved the plans for the water- and/or sewer improveme.nts required to
serviae this project, in accordance with the: CODE. Section 2.6-1',
tB 39'::1d 9NINmld 6Sl9lHt99 913 :t,t leeUt0/Hl
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12/09/05
3
DEPAlt.TMENTS INCLUDE REJECT I
13. The 8.in. line in Old Dixie Highway ul1imately ties into a 6-m. main west of X
the FECRR. A tie into this line and the: 8-10. line 00 the southeast comer of
the project will not provide the required fire flows. Tie (loop) the proposed
main to the S.in. main on the ca:n side of Federal Hwy. or extend the :rnain
north (alofll th~ west iide of Federal HWy.) to tie into Ute new main being
Dta<:cd for the Bavfront and Oceanside develomnents.
14. Provide an analysis of Lift Station #413 to determine its capability to service X
this project, and any upgrades necessary. A replacement lift station may be
required.
15. Appropriate backflow preventer(s) will be requimd on the domestic water X
service to the buildtn&, and the fire sprinkler line if there is one, in accordlllce
with the CODE, Sedan 26-207.
16. All utility construction details shall be in accordance with tbe Utilities X
Oepartmtmcs "Utilities Enginecrinc Design Handbook and Construction
Standards" tnanWlI (includinC any updates); they will be reviewed at the time
of construction nermit application.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DMSION
Comments:
17. Place a nole on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 200\ FBC, Tab\e 600.
Submit calculations that clearly reflect the perccmtage of 'protected and
unMOtected wall ooeninL'S 'Dennitted per 200\ FBC, Table 600.
18. At time of permit review, submit signed and sealed working drawings of the X
proDosed construction.
19, At the time of permit review, submit details ofreinforcemcnt of walls for the X
future iRStallation of grab bars as required by the Federal Pm Housing Act
Title 24 CFIt. Part 100205, Section 3, Requirement #6. All bathrooms withip
the covered dwcllin2 unit shall comply.
. 20. To properly detennine the impact fees that win be assessed for tbe one-story X
recreation buildinS, provide the fol1owin,:
a.Will the rec:redion buildina be reStricted to the residents of the entire'D1'Olect
E0 39\1d 9NINN~ld E)l:jl9lPLt9l:j ge:t>l ZBel/~e ItB
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12/D9/05
4
DEPARTMENTS INCLUDE RESECT
only?
b. Will the residents have to cross any major roads or thorouaht'ares to leI to
the racreation buildln8?
c. Will there be any additional debveries to the site?
d. Will there be any additional employees to naaintain and provide service 10
the site?
Please have the applicant provide the City with a copy of the letter that will be
Ilent \0 the impact fee coordinator. To allow for an efficient permit review, the
applicant should request that the County send the City I. copy of their
detennination of what impact fees art required for the recreation building.
21. CBBCPP 3.C.3.4 requires tbe conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
22. A water-use permit from SFWMD is required for an irription sy5tcm 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-pemrit application, F.S. 313.216.
23. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach UtiHties Department, the following infonnation shall be
provided at the tilhe of building permit application:
a. Tbt fullrwne of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project. the building number/i must be
provided. The building numbers must be the same as noted on the
Commission-approved site plJllS,
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelliJ1g unit
e. 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)
24. At time of buildinl permit application, submit vmtication that the City of X
Boynton Beach Park$ and Recreation Impact fu requirements have been
satisfied by a paid fee or conveyance of property. Thll tollowing information
shall be provided;
4. A legal description oftbe land.
b. The rull name of the project as it appears on the Development Order and
the Cotl1ll1iMion-approved site plan,
c. If the projecl is a'multi-family project, the building number!s must be
provided, The bui1dina numbers must be the same as n~ on the
Commission-approved site plans.
d. The number of dwelllns units in each building.
e. The lotallLlI1OWlt beini paid,
(CBBCD, Chapter 1, Article V, Section 3(t))
"0 39'i:1d 9NINN\:nd GSl9Z:I>Lt'3\O '30:1>1 Z:00Z:/l0/t0
.".,;,
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12/09/05
S
DEPARTMENTS INCLUDE REJECT
25. Punuant to approval by the City Commission and all other outside aaeneics, X
the plans for this project must be submitted to the Building Division for
rtview at the tUne of permit application submittal. The plans must incorporate
aU the conditions of approval as listed in the development order and approved
by the CitY Commission.
PARKS AND RECREATION
Comments:
26. 198 units <iil $771.00 each'" S 152658.00.
X
FORESTJRJENVlR.ONMENT ALIST
Conunents:
27. Fifty percent (50%) of all site landscape 1JUI.terials must be native species X
(Chapter 7.S, Article II, Section S,P), Please categorize as follows: Shade
trees, Palm trees, Shrubs &. Qroundcover. On the landscape plan), indicate
the total Quantities for all prODOsed native DImt material.
28. The itrigation system desipt should be low volume water con.servation using X
non'Dortable water.
29. Turf and landscape (bedding plants) areas should be deSlgned on separate X
zones and time d'lIfation for water conservation.
30. Trees should have separate irriL'lltion bubblers to provide water directly to the X
root ball (Chapter 7,5, Article n Sec. 5. C.2,).
PLANNING AND ZONINC.
Comments:
31. Approval of the site pJanis contingent upon approval of the :accompanying X
reauest for master Dlan modification (MPMD 05..01 n.
32. A unity oftitIc mlY be required. The Building Division of the Department of X
Development will determine its applicab-ilitv.
33. All building elevations, including the clubhouse should indicate paint X
rnanufaeturer's name lIIld color coGcs (Chanter 4 Section 7.D.).
34. The heiaht of the wall may nor exceed six (6) feet in height (Chapter 2, X
Section 4.L). Also, the decorative caps should nor exceed seven (7) feet in
height.
913 39'i1d ~Ir-t-ll;lld Gl:iZ9lvLI99 99:"1 C:l39l/l13/113
COA
l2/09105
6
DEPARTMENTS INCLUDE REJECT
35. At the time of permitting, revise the elevation to indicate tbe mean height and X
the lIeak heisdlt of the caJ])Orts on the elevations.
36. Indicate that the fence proposed around the pool! clubboUic 1ItCtl, would be X
lU'Cen at the time ofuennittin ,~ ter 4, Section 7.D.).
37. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the WilDbic illustration.
38. The developer stltts that no solid-roof enclosures ate pennirted. X
Homeowners would be pcmUtted to "scteen-in" the concrete slabs undeJ:neatb
the second storv balconies.
39. In order to ensure propVI' maintenance of the landscaped areas at the rear of X
each unit, staff recommends that they be: maintained by the Home Owners
AssQc~on or protected as such in the Home Owner', Assoclatian
documents, &0 that no individual property owner mnovcs any of the required
'Dlant material along 1he uerimeter or within the interior of the PUD,
40. The plans show a to.root wide landscape easement is propOlied alol'lg the X
north propet1y line of the abutting properl)' to the south. '!'he intent is to pilOt
trees within this easement on the property to the south, These trees would not
be CO\b1ted within tbe subject property's plant list tabular data. This would
require coordinated efforts on behalf of both property owners. At the time of
permitting, tile developer would have to execute an easement with the
property to the south tor placement of the buffer trees. In the event this does
not occur, staff recommends that the applicant install the trees within the
sou1b landscaDe buffer ofthe subiect proDCItV.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMmNTS:
COltmlCmlS:
41. Comment #3 has been satisfied through granting of waiver from the X
EncineeriJ1lr Division.
ADDITIONAL CITY COMMISSION COMMENTS:
Conunena:
42. To be determined.
MWRlsc
5.\Planl'llngI8HARED\WP\F'~OJecTS\Q;lflItrGam Gardens\NWSP ~~16\COA.doc
90 3911d ~1l'N:nd 6!3<:'3~t>Lt9!3 gQ:t>t G~l(3(; /l0/ 10
.",..1
-,'---'
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.boyntonbeach.org
August 25,2008
Mr. Bradley Miller, AICP
Miller Land PlalUling Consultants
420 W. Boynton Beach Blvd.
Boynton Beach, Florida 33435
RE: Gulfstream Gardens PUD
FileNo.: MSPM 08-004
Location: West side of Federal Highway, approximately Y4 mile north of Gulfstream Blvd.
Dear Mr. Miller:
Enclosed is the Development Order granted by the City Commission on August 5,2008. The site plan approval is valid for
eighteen months. In order to maintain vested status, a building permit must be secured or an extension requested prior to
expiration.
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 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: ({you plan to introduce any changes to your approved site plan beyond those required by conditions o.fapproval,
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
,~uhmitted to the Building Department along with the first permit reque.'ft to avoid allY delays in the processing of your
permit..
Should you have any questions regarding this maUer, please feel free to contact this office at (561) 742-6269.
Sin,cereIV, .
~~h(~~; humpf
Director of Planning & Zoning
Ene. DO w/COA
S:\Planning\SHARED\WP\PROJECTS\Gulfstrcam Gardcns\Gulfstrcam Gardens MSPM 08-004\Approval.doc
,...Iih.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE oo".\Opment
CITY OF BOYNTON BEACH, FLORIDA P&"L
8uHdinll
ERlIlne8rlllll
o Licen"
PROJECT NAME: Gulfstream Gardens PUD ce. Clt~ elel\!.
ne\luW
AGENT: Mr. Bradley Miller, AICP with Miller Land Planning Consultan ,
AGENTS ADDRESS: 420 West Boynton Beach Boulevard, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Augu'st 5, 2008
TYPE OF RELIEF SOUGHT: Request major site plan modification to construct 308 multi-family rental
units on 15.46 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Federal Highway, approximately ~ mile north of
Gulfstream Boulevard
DRAWINGS: SEE EXHIBITS "C" and "C-1" ATIACHED HERETO.
X THIS MA TIER 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
A 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
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
- DENIED
5. This Order shaH 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 #pp[
DATED: O~-O8-08 ~~~ +7
City Cler
S'IPlll11!mgISHAREDIWPIFROJECTSIGulf.lr",,", G..-<ienslGulfslream G..-dc... MSPM OS-004IDO.doc
,M ,1,1.
Exhibit .'A" - Site Location Map
Gulfstream Gardens PUD
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EXHIBIT "D"
CONDITIONS OF APPROVAL
Master Plan / Major Site Plan Modification
Project name: Gulfstream Gardens PUD
File number: MPMD 08-002/ MSPM 08-004
Reference: 2nd review plans identified as a Major Site Plan Modification with a May 27,2008 Planning and
Zoning Department date stamp markinlt.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Corrnnents: NONE (All previous comments have been addressed). X
PUBLIC WORKS - Forestry
Conunents: NONE (All previous comments have been addressed). X
PUBLIC WORKS-Traffic
Comments:
1. Provide Fire Lanes in accordance with the LDR, Chapter 23, Article n, X
Section B.2 and Section M.
ENGINEERING
Conunents:
2. Show on the engineering plan what erosion control measures will be used on X
the project during construction (LDR, Chapter 6, Article m, Section 4 and
Article V, Section 4.B.2.i(7); Chapter 8, Article ill, Section A.l.a(9) and
(10), and Article V.) Specify on the plans that erosion and sedimentation
control will be addressed using Best Management Practices (BWs.)
3. At the time of permitting, all projects one-acre or larger shall submit a Notice X
of Intent (NO!) 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
DepartmentJEngineering Division.
4. Upon satisfactory Commission approval of the site plan, the applicant may be X
required to replat the subject property to reflect changes to proposed utility
and ingress/egress easements. A preliminary record plat application, through
the City's Engineering Division of Public Works, may be initiated during the
site plan review to expedite issuance of a Land Development Permit.
5. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
general grate, rim and invert elevations for all structures. Indicate grade of
storm sewer segments. Indicate material specifications for storm sewer.
..".'..
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 I MSPM 08-004
Paj1;e 2
DEPARTMENTS INCLUDE REJECT
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 and Section ] O.Z will be required at
the time of permitting.
UTILITIES
Comments:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-]2).
8. Fire flow calculations will be required demonstrating the City Code X
requirement of ],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 insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
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.
10. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements in accordance with the LDR, Chapter 6, Article IV,
Section 6. Please show all proposed easements on the engineering drawings,
using a minimum width of 12 feet. The easements shall be dedicated via
separate instrument to the City as stated in CODE Sec. 26-33(e).
11. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
12. 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:
13. Roads and gate access during and after construction shall be 20 feet wide if X
two way and 12 feet wide if one-way.
~ .t,~.
Gulfstream a.deHS
Conditions of Approval
MPMD 08-002 / MSPM 08.004
Page 3
DEPARTMENTS INCLUDE REJECT
14. Provide hydraulic calculations for this site that include water for both the X
fife sprinkler system and the fire hydrants. At least one new hydrant will be
required for this project. No portion of the building shall be further away
than 200 feet from a hydrant.
15. Show the location of the fire hydrants for this project. X
16. Any construction gates shall be fitted with either a Knox Lock or a Knox X
Box with an entrance key, for emergency access.
17. All roads shall be compacted to 32 tons and maintained so that emergency X
vehicles can access all areas of the site W1der construction at all times. The
responsibility for any emergency vehicles that become stuck because of poor
roads win fan to the owner of the property of the general contractor to have
it towed by an authoriz.ed towing agency.
18. A CAD disc that contains the final, approved plans for this project will be X
required for Fire Department.
19. Attached garages will require Carbon Monoxide Detection inside each X
living unit and shall be tied into the smoke detectors.
20. NFP A 13D fire sprinkler system required. X
21. The required Fire Sprinkler System shall be monitored by a UL or FM X
Listed Central Station.
POLICE
Comments:
22. 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.
a. The developer/project manager after site clearing and placement of
construction trailers shall institute security measures to reduce or
eliminate opportunities for theft. The management plan shall include.
but not be limited to, temporary lighting, security personnel, vehicle
barriers, construction/visitor pass, reduce/minimize entry/exit points,
encourage sub contractors to secure machinery, tools at end of work day
and/or any other measure deemed appropriate to provide a safe and
secure working environment.
b. The security management plan shall be maintained throughout the
construction phase of the project.
23. All lighting shall be metal halide following IESNA Lighting standards. X
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 I MSPM 08-004
Page 4
DEP ARTMENTS INCLUDE REJECT
24. Timer clock or photocell lighting for nighttime use shall be above or near X
entryways.
. 25. Pedestrian scale lighting shall be used for aU street and pedestrian walkways. X
It is suggested that interactive or lighting on demand be used in sensitive
areas.
26. Numerical address: X
a. Shall be illuminated for nighttime visibility (dusk to dawn).
b. Shall not be obstructed.
c. Shall have bi-directional visibility from the roadway.
d. Building numbers shall be placed on the front and rear of the buildings.
27. Lighting shall be provided for entrance signage. X
BUILDING DIVISION
Comments:
28. 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.
29. 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 detennined 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.
30. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
31. At time of pemrit review, submit signed and sealed working drawings of the X
proposed construction.
32. At the time of permit review, submit details ofreinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 5
DEPARTMENTS INCLUDE REJECT
33. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the fonowing 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.
a. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
b. The number of dwelling units in each building.
c, The number of bedrooms in each dwelling unit.
d. 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)
34. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article Y, Section 3(f))
35. Pursuant to approval by the City Conunission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of peront application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
36. The full address of the project shall be submitted with the construction X
documents at the time of pennit application submittal. The United States Post
Office, the City of Boynton Beach Fire Department, the City's GIS Division,
and the Palm Beach County Emergency 9 I 1 shall approve the addressing
plan.
a. Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
b. United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
37. Indicate on the site plan (Sheet CE-2) the distance that building #4 is located X
from the rear property line.
ft".""
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 I MSPM 08-004
Pa~e 6
DEP ARTMENTS INCLUDE REJECT
38. StrUctures not located in a flood zone shall be constructed so that the finished X
floor elevation is a minimum of 12 inches above the crown of the road.
39. Sheet A 3.03: clearly show on the plan that the reach height for the mail X
kiosks complies with the requirement of the Fair Housing Act.
40. The playground., pavilion, tot lot, and swimming pool shall comply with the X
Fair Housing Act.
41. An accessible route shall be provided throughout the site and connect the X
buildings on the site.
PARKS AND RECREA nON
Comments:
42. Park Impact Fees: 308 multi-fami]y rental units x $924.00/unit = $284,592 to X
be paid prior to re-plat approval if a re-plat is required, otherwise the fees will
be paid at the time of permitting.
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE (All previous comments have been addressed). X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. NONE X
I
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: -n~
1. To be determined.
MRJkz
S :\Planning\SHARED\ WP\PROJECTS\Gulfstream Gard.ens\MSPM 08-004\COA.doc
... ..,'.~
The City of Boynton Beach EXHIBIT "e"
UTILITIES DEPARTMENT
124 East Woolbright Road
BOYlltoll Beach, Florida 33435
Office: (561) 742~6400
FAX: (561) 742-6298
Website: www.boYlltoll-beach.org
July 6, 2009
Mr. James Drotos, P.E.
Shah Drotos & Associates
3410 N. Andrews Ave. Ext.
Pompano Beach, FL 33064
RE: G\1lfsh'eam Gardens
Deal' Mr. Drotos:
Enclosed are the approved applications and plans for the referenced project. You must still meet certain
prerequisites, however, before construction can commence. Said prerequisites are as follows:
1. Obtaining appropriate permits from the Palm Beach County Health Department.
2. If water service is desired before the ownership and easements of the completed system are
transferred to the City, then a Letter of Credit for 110% shall be provided for acceptance
by the City Commission. The Letter must be in a form meeting the City's Code
requirements. A cash surety or acceptable performance bond may also be used.
3. Payment of the administrative/inspection fee, which is equivalent to 2% of the utilities'
construction cost, and provide cost documentation in support of that value. This fee must
be received before a pre-construction meeting will be scheduled.
4. Attendance at a pre-construction conference to discuss coordination of inspections and
answer any other questions you or the contractor may have.
5. Payment ofa sewer televising charge of$1.75/L.F. for the sanitary sewer that is 8-inch
diameter or larger.
All utilities easements shall be shown on the rectified landscaping drawings so that we may determine
which trees might interfere with utilities. In general, palm trees will be the only tree species allowed
within utility easements. Canopy trees may be planted outside ofthe easement so that roots and branches
will not impact those utilities within the easement in the foreseeable future. Although LDR Sec. 7.5-18.1
gives public utilities the authority to remove any trees that interfere with utility services, whether in utility
easements or public rights-of-way, we prefer to assure at the outset of a project that the landscaping and
utilities can co-exist, without impacting each other, for many years to come. Therefore, please submit a
copy of the rectified landscaping drawings to this office for our review and comment when those plans
America's Gafeway 10 Ihe Gl/lftlrMII/
.. ,tll~
are available. Any canopy trees located within utilities easements also containing City-owned water or
sewer lines wiJI have to be field-relocated to a point outside of the easements before the City will approve
release of surety.
Please also be advised that a minimum surety equal to 5% of the value of the water and wastewater
systems to be owned by the City shall remain in place for a period of one year following full acceptance
of those systems by the City. This surety will be required in all instances regardless of whether surety is
posted at the outset of the construction.
Please refer any questions on this matter to me at (561) 742-6413 or Brent Allen, Supervisor of
Inspections and Locations, at (561) 742-6407. The pre-constl'uction meeting may be scheduled by
calling our inspection scheduling number at (561) 742-6414.
Sincerely,
CITY OF BOYNTON BEACH UTILITIES DEPARTMENT
('L~L 8 T2L
Christophel' J. Roschek, P.E.
Engineering Division Manager
Attachments
xc: Peter Mazzella, Deputy Utilities Director
Brent Allen, Supervisor of Inspections and Locations
H. David Kelley, P.E., City Engineer
File (w/1 signed set of plans and 1 copy of each application)
2
... "i'I~
EXHIBIT "0"
The City of Boynton Beach
Po. Box 3/0
Boynton Beach, Florida 33425-0310
PUHUC WORKS nrPARTMFNT
FAX' (561) 742-6985
www.hovnton-be(lch.org
OFFICE OF THE CITY ENGINEER
May 22, 2009
James Drotos, P.E.
Shah Drotos & Associates
3410 North Andrews Avenue Extension
Pompano Beach, Florida 33064
Re: Gulfstream Gardens
Dear Mr. Drotos:
Please find enclosed one (1) set of the approved paving, grading and drainage
plans for the above referenced project.
Prior to issuance of a Land Development Permit, the following items must be
submitted and/or addressed:
1. Provide a copy of the Palm Beach County Health Department permits.
2. Submit two (2) additional sets of 24 x 36 plans and one (1 ) set 11 x 17 of
plans.
3. Submit one (1) mylar copy of the recorded plat and one (1 ) paper copy.
4. Submit the required Land Development Permit fee in the amount of
$26,972.52 (2% of the required improvements) made payable to the City of
Boynton Beach.
5. Submit proof that the required recreational impact fee In the amount of
$284,592.00 (i tem 42 of the August 5u-" 2008 Development Order) has been paid
in full.
6. Submit the proper form of surety for the required improvements in the
amount of $1,483,488.38 (110% of the cost based on the Engineer's opinion
of cost dated May 6u" 2009) .
7. Submit a copy of the contractor's license and insurance.
8. Submit a copy of the executed contract between the owner and the contractor
for the installation of the required improvements.
9. Submit four (4 ) copies of the required shop drawings.
10. Arrange a pre-construction meeting with the Engineering Division and the
Utilities department.
Please contact the Engineering Division at 561.742.6980 if we can be of
further assistance. Thank you.
MiVt
Andrew P. Mack, . E.
Engjneer
XC: H. David Kelley, Jr. City Engineer
Tim Large, Deputy Building Official
Chris Roschek, Utilities Engineer/Manager
Engineering File
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EXHIBIT "F"
The improvements shall be completed in conformity with the
requirements of the Florida Department of Environmental
Regulation, the Florida Building Code, the National Fire
Protection Association and any other applicable State of
Florida and Federal regulatory requirements, collectively
called "The Regulations". To the extent that The
Regulations differ from the City's requirements and
specifications, The Regulations shall take precedence and
govern,