| Date |
Text |
| 2020-11-03 15:45:22 | ZONING PLAN REVIEW |
| | ________________________________________ |
| | |
| | DATE OF REVIEW: 11.03.2020 |
| | PERMIT NO.: 18100526 |
| | ________________________________________ |
| | |
| | REVIEW STATUS: FAILED |
| | ________________________________________ |
| | |
| | PLEASE PROVIDE A WRITTEN RESPONSE TO THE FOLLOWING PLAN |
| | REVIEW COMMENTS: |
| | |
| | 1. [ SATISFIED ] - LANDSCAPE PLANS SHALL BE REMOVED |
| | FROM THE MAIN BUILDING PERMIT AND SUBMITTED AS A |
| | SEPARATE PERMIT APPLICATION. |
| | |
| | 1.1. [ SATISFIED ] - IT IS ACKNOWLEDGED THAT A SEPARATE |
| | PERMIT HAS BEEN APPLIED FOR, BUT THE LANDSCAPE PLANS |
| | NEED TO BE REMOVED FROM THE BUILDING PERMIT SUBMITTAL. |
| | |
| | 2. [ SATISFIED ] - PRIOR TO THE REMOVAL OR RELOCATION |
| | OF ANY EXISTING TREES, A TREE ALTERATION PERMIT SHALL |
| | BE OBTAINED FROM THE DEVELOPMENT SERVICES DEPARTMENT - |
| | PLANNING DIVISION. |
| | |
| | 3. PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT: |
| | |
| | 3.1. [ PARTIALLY SATISFIED ] - PURSUANT TO RESOLUTION |
| | NO. 186-18, A PARKING MANAGEMENT PLAN SHALL BE PROVIDED |
| | THAT DEMONSTRATES THE PROVISION OF SUFFICIENT |
| | VEHICULAR, PEDESTRIAN, AND EMERGENCY VEHICLE ACCESS FOR |
| | ALL CONSTRUCTION TRAFFIC AS WELL AS ALL BUILDINGS |
| | REMAINING IN OPERATION DURING THE |
| | DEMOLITION/CONSTRUCTION OF THE PROPOSED BUILDING(S). |
| | |
| | 3.1.1. [ NOT SATISFIED ] - THE MANAGEMENT PLAN PROVIDED |
| | IS NOT SUFFICIENT. THE PLAN DOES NOT ACCOUNT FOR THE |
| | LOSS OF PARKING ENCOUNTERED BY THE MARINA DURING |
| | CONSTRUCTION. ALL BUSINESSES/BUILDINGS REMAINING IN |
| | OPERATION DURING CONSTRUCTION SHALL HAVE THE MINIMUM # |
| | OF PARKING SPACES AVAILABLE. PLEASE PROVIDE A SITE PLAN |
| | SHOWING COMPLIANCE. |
| | |
| | 3.1.1.1. [ NOT SATISFIED ] - STAFF SPOKE WITH JOSH |
| | LONG, GUNSTER, REGARDING THE PROPOSED LEASE FOR 3701 |
| | BROADWAY AND IT WAS DISCUSSED THAT THIS WAS GOING TO BE |
| | PRESENTED TO THE NEIGHBORHOOD ASSOCIATION AS IT WAS |
| | BEING PROPOSED THAT CONSTRUCTION WORKERS WOULD HAVE TO |
| | WALK THROUGH THE NEIGHBORHOOD FROM THE OFF-SITE PARKING |
| | AREA. STAFF HAS NOT HEARD ANYTHING SINCE THAT |
| | DISCUSSION WITH J. LONG. |
| | |
| | 3.1.1.2. [ NEW COMMENT ] - THE PARKING MANAGEMENT PLAN |
| | THAT IS IN WITH THE PERMIT IS STILL THE OLD VERSIONS |
| | AND HAVE NOT BEEN UPDATED TO REFLECT WHAT HAS BEEN |
| | DISCUSSED AND AGREED TO OVER THE LAST FEW MONTHS |
| | (RYBOVICH PARKING AT PROPERTY ON BROADWAY, CONSTRUCTION |
| | PARKING AT TEMPLE BETH EL, ETC.). |
| | |
| | 3.1.2. [ SATISFIED ] - THE PROPOSED PEDESTRIAN |
| | MANAGEMENT PLAN IS NOT ACCEPTABLE. THE PLAN IS UNCLEAR |
| | AS TO THE LOCATION WHERE PEDESTRIANS ARE BEING |
| | RE-ROUTED, AND THE IMAGES APPEAR TO INDICATE THAT |
| | PEDESTRIANS WOULD BE RE-ROUTED IN THE MIDDLE OF THE |
| | BLOCK WITH NO SAFE CROSSWALK. RE-ROUTING SHALL OCCUR AT |
| | APPROPRIATE INTERSECTIONS THAT HAVE A DESIGNATED |
| | CROSSWALK THAT COMPLIES WITH ALL ADA ACCESSIBLITY |
| | REQUIREMENTS. |
| | |
| | 3.2. [ NOT SATISFIED ] - PURSUANT TO RESOLUTION NO. |
| | 185-18, THE DEVELOPER SHALL OBTAIN ALL NECESSARY |
| | APPROVALS, AND MAKE ALL NECESSARY IMPROVEMENTS (AT THE |
| | DEVELOPER'S EXPENSE) TO CONVERT 40TH STREET INTO A |
| | TWO-WAY ROAD BETWEEN NORTH FLAGLER DRIVE AND BROADWAY |
| | AVENUE. |
| | |
| | 3.3. [ NOT SATISFIED ] - PURSUANT TO RESOLUTION NO. |
| | 185-18, THE ADJACENT STREETSCAPE (THE EAST AND WEST |
| | SIDES OF NORTH FLAGLER DRIVE), INCLUDING BUT NOT |
| | LIMITED TO LANDSCAPING AND SIDEWALKS/BIKE PATHS, SHALL |
| | BE COORDINATED WITH THE CITY OF WEST PALM BEACH |
| | ENGINEERING SERVICES DEPARTMENT AND INCORPORATED INTO |
| | THE OVERALL MASTER PLAN. SUCH IMPROVEMENTS SHALL BE |
| | INCLUDED IN THE INDIVIDUAL SITE PLANS FOR EACH |
| | PERMISSIBLE BUILDING AREA ("PBA") AND INSTALLED FOR |
| | THAT PBA DEVELOPMENT PRIOR TO THE ISSUANCE OF THE FIRST |
| | CERTIFICATE OF OCCUPANCY FOR SUCH PBA DEVELOPMENT. |
| | |
| | 3.3.1. [ NOT SATISFIED ] - YOUR RESPONSES INDICATE THAT |
| | THIS SCOPE IS BEING SUBMITTED AS PART OF THE |
| | ENGINEERING PERMIT, HOWEVER, THE STREETSCAPE DESIGN IS |
| | ALSO TO BE INCORPORATED INTO THE OVERALL MASTER PLAN |
| | FOR THE COMMERCIAL MARINE PLANNED DEVELOPMENT (CMPD). |
| | |
| | 3.4. [ NOT SATISFIED ] - PURSUANT TO RESOLUTION NO. |
| | 185-18, A RESTRICTIVE COVENANT, IN A FORM ACCEPTABLE TO |
| | THE CITY OF WEST PALM BEACH ATTORNEY'S OFFICE, SHALL BE |
| | RECORDED INTO THE PUBLIC RECORDS OF PALM BEACH COUNTY |
| | INDICATING THAT ALL PLATTED LOTS SHALL BE CONSIDERED AS |
| | ONE (1) PARCEL GOVERNED BY THE ADOPTED MASTER PLAN. |
| | |
| | 3.4.1. [ NOT SATISFIED ] - THE DRAFT COVENANT THAT WAS |
| | SUBMITTED TO THE CITY WAS INSUFFICIENT. JOSH LONG, |
| | GUNSTER, WAS INFORMED ON APRIL 17, 2020, AND NO REVISED |
| | COVENANT HAS BEEN SUBMITTED TO DATE. |
| | |
| | 3.4.2. [ NEW COMMENT ] - A DRAFT RESTRICTIVE COVENANT |
| | WAS PROVIDED IN THE BUILDING PERMIT DOCUMENTS, PREPARED |
| | BY STEPHEN CUNNINGHAM, ESQ?IS THIS WHAT IS BEING |
| | PROPOSED? I WAS NEVER PROVIDED THIS FOR REVIEW BY THE |
| | CITY ATTORNEY?S OFFICE, ETC. IF THIS IS THE PROPOSED |
| | COVENANT, PLEASE EMAIL IT TO ME ASAP! |
| | |
| | 3.5. [ NOT SATISFIED ] - PURSUANT TO RESOLUTION NO. |
| | 185-18, THE DEVELOPER SHALL PROVIDE A BOND IN THE |
| | AMOUNT OF 110% OF THE COST OF INSTALLATION OF A TRAFFIC |
| | SIGNAL AT NORTH FLAGLER DRIVE AND 45TH STREET, WHICH |
| | MAY BE USED TO PAY THE COSTS OF COMPLETION OF SUCH |
| | SIGNAL OR ALTERNATIVE TRAFFIC IMPROVEMENTS (E.G., A |
| | TRAFFIC CIRCLE) AS DETERMINED IN CONSULTATION WITH THE |
| | CITY. |
| | |
| | 3.5.1 [ NOT SATISFIED ] - INFORMATION WAS PROVIDED BY |
| | JOSH LONG, GUNSTER, ON MAY 1, 2020. MR. LONG WAS |
| | INFORMED THAT SAME DAY THAT THE BOND PROVIDED WAS A |
| | LAND STABILIZATION BOND AND DID NOT SATISFY THE |
| | CONDITION OF THE DEVELOPMENT ORDER. TO DATE, STAFF HAS |
| | NOT RECEIVED AN UPDATE. |
| | |
| | 4. [ SATISFIED ] - PURSUANT TO RESOLUTION NO. 185-18, |
| | PRIOR TO THE ISSUANCE OF A PERMIT FOR THE FILLING OF |
| | ANY SUBMERGED LAND, COPIES OF APPROVALS SHALL BE |
| | PROVIDED FROM ALL APPLICABLE REGULATORY AGENCIES FOR |
| | THE RELOCATION AND FILLING OF THE BULKHEAD, AS SHOWN ON |
| | THE ADOPTED SITE PLAN. SUCH AGENCIES MAY INCLUDE, BUT |
| | IS NOT LIMITED TO, THE FLORIDA DEPARTMENT OF |
| | ENVIRONMENTAL PROTECTION (FDEP) AND THE UNITED STATES |
| | ARMY CORPS OF ENGINEERS (USACOE). |
| | |
| | 5. [ PARTIALLY SATISFIED ] - AS THE SITE AND LANDSCAPE |
| | PLANS HAVE BEEN MODIFIED FROM THAT WHICH WAS APPROVED |
| | WITH THE ADOPTION OF RESOLUTION NO. 186-18, A MINOR |
| | AMENDMENT TO THE PLANNED DEVELOPMENT SHALL BE SUBMITTED |
| | TO AND APPROVED BY THE PLANNING DIVISION PRIOR TO THE |
| | ISSUANCE OF A PERMIT. NOTE THAT PURSUANT TO RESOLUTION |
| | NO. 186-18, THE REVISION OF THE PLANS IS TO INCLUDE THE |
| | FOLLOWING: |
| | |
| | 5.1. [ SATISFIED ] - LANDSCAPE PLANS - LOCATIONS OF ALL |
| | WATER, SEWER AND DRAINAGE LINES ON THE LANDSCAPE PLANS |
| | AND RESOLVE ANY CONFLICTS THAT RESULT WITH THE |
| | LANDSCAPING TO THE SATISFACTION OF CITY STAFF. |
| | |
| | 5.2. [ SATISFIED ] - LANDSCAPE PLANS - LOCATIONS OF |
| | ROOT BARRIERS TO PROTECT INFRASTRUCTURE AND TREES FROM |
| | CONFLICTS. THIS INCLUDES WATER, SEWER, DRAINAGE, |
| | SIDEWALKS AND CURBS, AND ANY FIELD STRUCTURES THAT |
| | COULD BE IMPACTED BY TREE ROOTS. |
| | |
| | 5.3. [ SATISFIED ] - LANDSCAPE PLANS - LOCATIONS OF ALL |
| | GROUND MOUNTED EQUIPMENT INCLUDING FPL TRANSFORMERS, |
| | A/C UNITS, BACKFLOW PREVENTERS, ETC., AND PROVIDE |
| | SCREENING FOR ALL GROUND MOUNTED EQUIPMENT AND |
| | UTILITIES TO THE MAXIMUM EXTENT ALLOWED BY THE |
| | CONTROLLING UTILITY AGENCY. |
| | |
| | 5.4. [ SATISFIED ] - SITE/FLOOR PLANS - A MINIMUM OF 5% |
| | OF THE TOTAL NON-RESIDENTIAL VEHICLE PARKING SPACES |
| | SHALL BE IDENTIFIED AS PUBLICLY ACCESSIBLE ALTERNATIVE |
| | FUEL/ELECTRIC FUELING STATIONS. |
| | |
| | 5.5 [ NEW COMMENT ] - COMMENTS WERE ISSUED FOR THE |
| | MIONR AMENDMENT ON OCTOBER 5, 2020, AND HAVE NOT BEEN |
| | SATISFACTORILY ADDRESSED. ALL COMMENTS SHALL BE |
| | ADDRESSED AND ALL BUILDING PERMIT PLANS SHALL MATCH |
| | THOSE WHICH ARE APPROVED THROUGH THE MINOR AMENDMENT. |
| | |
| | 6. [ NOT SATISFIED ] - PURSUANT TO THE DESIGN |
| | GUIDELINES, AS ADOPTED BY RESOLUTION NO. 185-18, ONE |
| | (1) ADDITIONAL SHADE OR FLOWERING TREE SHALL BE |
| | PROVIDED FOR EACH DWELLING UNIT ON THE EXTERIOR OF ALL |
| | MULTIFAMILY STRUCTURES. WITHIN THE MARINA CMPD, UP TO A |
| | MAXIMUM OF 75% OF THE REQUIRED NUMBER OF ADDITIONAL |
| | SHADE/FLOWERING TREES REQUIRED BY THIS PROVISION MAY BE |
| | "BOUGHT OUT" BY PAYING INTO THE CITY'S TREE FUND. THE |
| | PAYMENT SHALL BE A MONETARY EQUIVALENT FOR EACH TREE |
| | THAT THE DEVELOPER CHOOSES NOT INSTALL. |
| | ___________________________________________ |
| | |
| | THE FOLLOWING COMMENTS ARE FOR INFORMATION PURPOSES |
| | ONLY AND ARE APPLICABLE TO FUTURE |
| | DEADLINES/REQUIREMENTS: |
| | |
| | A. PURSUANT TO RESOLUTION NO. 185-18, PRIOR TO THE |
| | ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY: |
| | |
| | A.1 A STATEMENT, IN A FORM ACCEPTABLE TO THE CITY OF |
| | WEST PALM BEACH ATTORNEY?S OFFICE, SHALL BE RECORDED |
| | INTO THE PUBLIC RECORDS OF PALM BEACH COUNTY INDICATING |
| | THAT SUBMERGED LANDS USED FOR CALCULATION OF |
| | RESIDENTIAL DENSITY WILL NOT BE FILLED AND UTILIZED FOR |
| | ADDITIONAL RESIDENTIAL DEVELOPMENT FOLLOWING APPROVAL |
| | OF THE PLANNED DEVELOPMENT. |
| | |
| | A.2 THE PROPERTY SHALL BE RE-PLATTED IN ACCORDANCE WITH |
| | THE POLICIES AND PROCEDURES OF THE CITY OF WEST PALM |
| | BEACH. |
| | |
| | A.3 A NORTHBOUND LEFT TURN LANE SHALL BE CONSTRUCTED |
| | FROM NORTH FLAGLER DRIVE ONTO 45TH STREET (AT THE |
| | DEVELOPER?S EXPENSE). THE DEVELOPER SHALL BE REQUIRED |
| | TO OBTAIN PERMITS FROM ALL APPLICABLE REVIEW AGENCIES |
| | FOR SUCH TURN LANE. |
| | |
| | A.4 SIGNAL TIMING PATTERNS SHALL BE OPTIMIZED AT 45TH |
| | STREET AND BROADWAY AVENUE BY THE DEVELOPER TO ENSURE |
| | THE MOST EFFICIENT TRAFFIC FLOW. ANY COSTS ASSOCIATED |
| | WITH THE OPTIMIZATION SHALL BE COVERED BY THE |
| | DEVELOPER, AND ALL WORK SHALL BE DONE IN ACCORDANCE |
| | WITH THE CITY AND COUNTY?S STANDARDS AND PROCESSES. |
| | |
| | A.5 BEGINNING ONE (1) YEAR AFTER ISSUANCE OF THE FIRST |
| | CERTIFICATE OF OCCUPANCY AND OCCURRING EVERY YEAR |
| | THEREAFTER UNTIL TWO (2) YEARS AFTER FINAL BUILD-OUT; A |
| | TRAFFIC STUDY AND WARRANT ANALYSIS SHALL BE PERFORMED |
| | (AT THE DEVELOPER?S EXPENSE) FOR THE INTERSECTION OF |
| | NORTH FLAGLER DRIVE AND 45TH STREET, WITH A COPY |
| | PROVIDED TO THE CITY. AT ANY POINT WHEN THE RESULTS OF |
| | THE STUDY AND ANALYSIS CONCLUDE THAT A TRAFFIC SIGNAL |
| | OR ALTERNATIVE TRAFFIC IMPROVEMENTS (E.G., A TRAFFIC |
| | CIRCLE) IS WARRANTED, AND THE CITY OF WEST PALM BEACH |
| | AND PALM BEACH COUNTY CONCUR, THEN SUCH IMPROVEMENTS |
| | (AT THE DEVELOPER?S EXPENSE) SHALL BE INSTALLED IN |
| | ACCORDANCE WITH THE CITY AND COUNTY?S DESIGN STANDARDS |
| | AND PERMITTING PROCESS. |
| | ________________________________________ |
| | |
| | PLEASE NOTE THAT SUBMITTAL OF ADDITIONAL AND/OR REVISED |
| | MATERIALS MAY RESULT IN NEW PLAN REVIEW COMMENTS. |
| | ________________________________________ |
| | |
| | QUESTIONS/COMMENTS, PLEASE CONTACT THE FOLLOWING: |
| | |
| | JOHN P. ROACH, AICP, PRINCIPAL PLANNER |
| | CITY OF WEST PALM BEACH |
| | DEVELOPMENT SERVICES DEPARTMENT ? PLANNING DIVISION |
| | 401 CLEMATIS STREET - P.O. BOX 3147 |
| | WEST PALM BEACH, FLORIDA 33402 |
| | |
| | P: 561.822.1448 |
| | TTY: 800.955.8771 |
| | E: [email protected] |
| | |
| | W: WPB.ORG |
| | |
