| Date |
Text |
| 2021-03-05 16:50:37 | ZONING PLAN REVIEW |
| | ________________________________________ |
| | |
| | DATE OF REVIEW: 03.05.2021 |
| | PERMIT NO.: 18100526 |
| | ________________________________________ |
| | |
| | REVIEW STATUS: PASSED - SUBJECT TO CONDITIONS, AS MAY |
| | BE OULTINED BELOW, AS WELL AS ALL DEVELOPMENT ORDER |
| | CONDITIONS CONTAINED IN RESOLUTION NO. 185-18. |
| | ________________________________________ |
| | |
| | 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. [ SATISFIED - SEE PLAN WITH FOUNDATION PERMIT - |
| | 18100522 ] - 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. [ SATISFIED - SEE PLAN WITH FOUNDATION PERMIT - |
| | 18100522 ] - 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. [ SATISFIED - SEE PLAN WITH FOUNDATION PERMIT |
| | - 18100522 ] - 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. [ SATISFIED - SEE PLAN WITH FOUNDATION PERMIT |
| | - 18100522 ] - 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 - SEE PLAN WITH FOUNDATION PERMIT - |
| | 18100522 ] - 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. [ SATISFIED - WORK BONDED AND TO BE COMPLETE BY |
| | JULY 23, 2021 ] - 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. [ SATISFIED - DESIGN UNDER REVIEW BY CITY STAFF ] |
| | - 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. [ SATISFIED - DESIGN UNDER REVIEW BY CITY STAFF |
| | ] - 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. [ SATISFIED - RESTRICTIVE COVENANT UNDER REVIEW BY |
| | CITY STAFF ] - 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. [ SATISFIED - RESTRICTIVE COVENANT UNDER REVIEW |
| | BY CITY STAFF ] - 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. [ SATISFIED - RESTRICTIVE COVENANT UNDER REVIEW |
| | BY CITY STAFF ] - 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. [ 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 [ 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. [ 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 [ SATISFIED ] - 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. [ SATISFIED - TO BE ADDRESSED PRIOR TO CO ] - |
| | 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 [ OR ALTERNATIVE ] |
| | 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 |
| | |
