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Muvico at Boynton Beach Mall DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Development CITY OF BOYNTON BEACH, FLORIDA P&Z Building Engineering PROJECT NAME: Oe:e:. License Muvico at Boynton Beach Mall Deputy City Clerk AGENT: Thomas A. Marsicano, AICP / URS Corporation Sout AGENT'S ADDRESS: 7650 West Courtney Campbell Causeway Tampa, FL 33607 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 19, 2005 TYPE OF RELIEF SOUGHT: Request for Major Site Plan approval for the construction of a 79,500 square foot movie theatre and 17,528 square feet of retail at the Boynton Beach Mall, which is in C-3 zoning district. LOCATION OF PROPERTY: 301 North Congress Avenue - Macy's leased parcel at the Boynton Beach Mall, located on the north side of Old Boynton Road, just west of Congress Avenue. 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 Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The APP~t _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 APP~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 with the terms and conditions of this order. 7. Other DATED: 1-~a-os S:\Planning\SHARED\WP\PROJECTS\Boynton Beach I BOYNTON BEACH MALL LOCATION MAP Exhibit A l V J..:::/ '-- ) L- C , 2J~ i ., rro~ =:1 ì i rlrm L IT ,-/ r:; ~ ~ ~ I I I T '1 f J ft r T T ~ 1;, I ¡:;;;; T II æ ~.J: ..11- Tfll I Ir-- ~l~ -I 'I /I '--- '- T III L ( l- T 1b'I'IIL. I J( L ~ c:: tt=Þ ì ~_ EB~lfl',11 ~ J I D~ --' r ,1 I I I J~ -I ÏI1 f- I~ B!::Jf ITDaI I ~ r ~ ~ , II III r / '-- ,-"1fij ¡- f-- \mWmnD J~ f-- ~~ Ì'... llIZmilSliWlR - J h IËJ_ DImlæumnm ~ Ir I=-lrrlll 1 r II 1 r TIll I.r II J J 11 I I I II T J P 1,100 550 0 1.100 Feet N  ....--..-----.-...-...... ..........-...-.-...... ......-~..._-.~.- ..~-- I EXHIBIT "B" I O'\BOYNTONBEACH DP29\D'w'G\MUVICO-50.D'w'G 03/04/05 l00.:!O I l_~11 I I 0 o I I I I 0 0 Dj I - - - - - ----II Ð- -4 -- '3 I èi 0 .- --..-.---- D..~_.._.._... g I ~ I n - @ , I ~ I ~ .9< OJ L C'1 ~ èJM O:z 'l~ !~ª ê5g O§~ 2: MC 11< ----- ¿;;() NO , I SEAlR I , I , I Ài ~M 2:§ T Þ 1 °0 <: ~ .. u ,., - : Illii II' II' II' '! ¡ 11"i'! ;;;;; I . .a... I I ~ma~~ ~c~ ~~~ ª~~ ~ ~ CIª~ ~ ~ ~~na i ~ i ~Uii < Ii£! 81;")n ,., 00111 ~ ~~ãzª ~8~ ~ø~ ~~~ ~,., þ ~~n \1~~~ Hè~~ ~ . ~ ~~ 5 ~~OID ~~~ ~~ ~~ ~~ ~'ã21 i';ª_~ 00 ~ . 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'"õ''' '-h~ ~n ~~ ~i?i ~ :'~~i~ K¡2. ~v;:. = ~ .: ~,.~~ ~ ~l \1~ a ~ ~9~·.z ¡'~1i r'3~;~ji! '1 r ~ ~~ ~o~_ '~N~ ~ . ~} oQ ~ -of ~~ a ~ ~ ~'-f ~o'Oj' f~ ~E (~- " ,-~~o; ''''r''' ,~ i ~ ~1 -~~U ~h~I~~'~!;' ~·i ~~'9 ~~ l' ~ ~ ~ lip "i~~' ;., ;E'¡;: 'if! ,!:,c;)"t ~.I: H If! ~I~ ~ g ~ @ [ M ~ ~ =. ~:~ !~ ;oj ~J~ ~~'l :~~ ~~.J:IE ~!. ~~ "~¡ "if :~_)i' ~ %f ~!¡; if~! '1I!Qt.:, I;o~ fig¡ N'f ~.;:l ~'~.o ~~p.¡;:~ ~ ~ ~5 l.~.;Ug ~I'- ~~[ 5" i"'Jo ~~ :! :~ ~~ )(~,~ ~~f ~'å ;:¡~.j' f....· i!J.;¡:. ~f;:I'g if -0 =!:i ~~ ~ ~ N - ~ "! ~ J Ii '.P :,0 ~! ~, f ~i~ ;,; 11. ~a So "'~-f if~j _. ~ ì ~. n ~ "\! :0" ~~¡":~ :" ~ h~. ~ ;¡:'~' ;;¡:'~ . i ~f I;~ ;¡ !t:_~!~ J. O' .~ ~~".~ ~ )( 3 0~ . f)~ .... .... :!i ! :J ~:-I. ? -" "z:¡;:.~ ~. ~ I ! BOYNTON BEACH MALL SIMON ! pi URS ~ I~ I 801 NORTH CONGRESS AVENUE ~ ~ ~ r;- BOYNTON BEACH, Fl330426 ~ . _arr-'1IØ '" URS Corporeöon Southem - ~ Natiooal City Ccuter 7850 West Courtney CalrØteI c.uaewey ~ : MUVICO THEATER IL5W.W..biogIQIIStJed ;. T.~,FJorida33ð01 (813)288-1711 'woo I"__-'!IIC~I_WII Indianlpoli.. IN -4fi204 ..- - § LANDSCAPE PLAN 311.636.1600 ~ EngIneemg BUeNea No, 00000oo2 "'" ... ~ I,M .... MO, 12OOo4$H.OOOOO - L .J EXHIBIT "B" I I~ ï i 'I: ~.. ~ II II! I I ~ g. ¡¡ ~ ~ , II ',I ... e e~ ~ ~ª ~ ~.. ¡;; ~ ;: , :: , I 0 0 I, z z , I I, , I I, I, , I I, , I I, , I I, , I I, , I I, , I Z~§f¡~'¡ ..~ "t"~ I, N ~ ~ BB ~g , I rl " -9 ~IUjlr Z¡r Q I II I ¡ ¡! ¡! 16 ~JI.llli Ii I, I, , i. I. ~ I. 55 1, 1, .. ~ § ~r~ ~& J ~ "I I I ii ~ ~ ì: ì: ~ i ~ t! h i ~ fl r t ¡,I ¡,I tl ¡i ~~ . ¡ n n I! ' If "Iil' Ir . . J i i a a Þ: Ii I~ rt Jet [ , H!J,' If ¡n'fjií¡ · j ! ~ ~ iJI ~l, J > 'þ\ I N .. I 2/2/2005 1:5g:03 PM \ \BUO\PLOT -NT\CAONET _8306 \OUEUE\PRINTFRS.n"f IASSl "<"1m A'\ 1714 7 Rhl7ll7l Mil", ~"P"""+"n \ ('ðnm ^_~ _ EXHIBIT "8" r-I) I~ len ,'/1 ," '" ~ ~ ,0" 0 '-J iT. ~ Z I~ ill ¡Çl ;u '" ~ ''" i~ ,-'" ¡:i5 ..:::... :rei ~~ :.-.j 0' 1/" Ii'" I II ! i , I ---- ---.-.--.--...-- 'I il , ; :\~ i¡ , [ i ¡; ~¡ --1---~- ~ ~ ~ ~ ~ ~ :;:: URS BOYNTON BEACH MALL SIMON ê ~ ~ , ' 801 NORTH CONGRESS AVENUE ~ !'I ~ - , r¡> BOYNTON BEACH, FL 33426 N_ CiIy c:.m.. URS CorponIIIon Southern -, 1e5O -. Coomoy CompbeH ~ W IJ~W. W.wa,rœStrccl: TiM1p8. FIoridII33607 (813) 286-1711 OVERALL SITE PLAN ~II<46204 Englnewng BLlSlneø No. 000000D2 "" ¡)o''I' r.u,! ~ :J17.636.1600 '1~~ ,'C'f! N,) ;·'OO4',3F. 1)(;000 '...."""""" - ! I I I EXHIBll UIj" I I I i I I I / // ---.- - n - -- - - -- - ~ § 0 ~ i ¡ ::: ~ ~'- , !.~ ì:;;llr. r l"~ 3":-"- ,~ - ¡;¡ ~I l Iff $r sG'" ..! â E ã -- 21 !îlJ! ¡I H' !fib IIi Hi Hi IIf .j ¡ "Ii I . "I' ~.t ¡,,' · ,. Ii ! !r¡¡¡ If I ! !ill 'f! I! ill w I, P. ~~ 'II" 1'1· Þ. ii íl¡ !¡I i " 5 r· ~ " ~!. t If ~ t tr t , """"""-' _te.......""" _ _ EXHIBIT B I I '11111 ;I~I Ji~i II: :1:11& i~ I ~ i ~ ¡ : !II ~ : i !mlll ~ I" ! :1 ~ "I I. "11·1' ¡ « f II pi +; !¡>! II I P'I; I. & ! ¡ i f I I I_ i~ I,.¡ij III: I , ~;Ii' :; I ~ I I I II~ R I~ ~ lOi ~ ~ II ~II - - : n nl if;¡ .. ilia i tl~ im ¡Ii; . nlmm t ,\I iii i ~ ø ~ J II J( ~! ;! BOYNTON BEACH MALL SIMON I.! 1JIIS 101__-.. --....- -~- I· ----- o , MASTER I'I.MI IUW.::r;:_ l ,..---.......~ ···mJ.._- ~":'&.1-' -.,--.-. -..------- ..,¥.......-....~...- ... - . -...-..----.-..--.......-.--m---~_n.n_·r-··- , . ...-.----...---.- EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Mall- Muvico File number: MSPM 05-001 Reference: 2nd review plans identified as a Master Site Plan Modification with a J anuarv 31. 2005 Planning and Zonine: Department date stamp markine:. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Remove stop bars and lane separators on ring road. X 2. Add lane separator on "maior" driveways to ring road. X ENGINEERING DIVISION Comments: 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 5. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this proiect (CODE, Section 26-12). 6. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 7. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants. COA 03/17/05 2 I DEPARTMENTS INCLUDE REJECT 8. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. 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(a). 9. 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. 10. Another link of the sanitary sewer (from the Sears automobile service facility) X may come into the existing manhole located at the northwest comer of the proposed building and has not been addressed. Show the sanitary sewer for Sears Automotive and address relocation of this line. 11. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 12. Site addresses shall be placed conspicuously on the front of the structure, so X the numbers can be seen plainly Site addresses shall be placed conspicuously on the front of the structure, so the numbers can be from the street. Numbers used for residences shall be not less than four inches in height and shall be made of a durable and visible material. Numbers used for commercial and industrial buildings shall not be less than six inches in height. (City Ordinance Chapter 20 Section 16.). 13. Prior to Fire Department inspections, new construction projects must provide X the results of a hydrant flow test indicating a fire flow not less that 1500 gallons per minute @ 20 p.s.i. above domestic use. This applies to new or existing hydrants within the required 200 ft. of the facility. 14. All buildings, three (3) stories or 30 feet in height, shall have an automatic X fire sprinkler system Chapter 9, Sec 7-2-2Al City Ordinance. POLICE Comments: 15. Staff recommends the movie theatre hire private security guards to assist with X any future problems that may arise from large gathering of juveniles. COA 03/17/05 3 I DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 16. At the time of permitting, indicate within the site data the occupancy type of X the building as defined in 2001 FBC, Chapter 3. 17. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 18. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (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. 19. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 20. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _. _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 21. CBBCPP 3.C.3.4 requires the 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 irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 23. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: COA 03/17/05 4 I DEPARTMENTS INCLUDE REJECT a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. 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 permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 25. Add a general note to the site plan that all plans submitted for permitting shall X meet the City's codes and the applicable building codes in effect at the time of permit application. 26. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 27. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 28. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building All shoring and re-shoring procedures, plans and details shall be submitted. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: COA 03/17/05 5 DEPARTMENTS INCLUDE REJECT Existing Trees Management Plan Sheet L-O I 29. The Landscape Architect should tabulate the total existing trees on the site. X The tabular data should show the individual species of trees proposed to remain in place, be relocated throughout the site, or removed / replaced on site. All desirable species of existing trees must be relocated rather than removed if the trees are in good health. These trees should be shown by a separate symbol on the landscape plan sheet L-02 (Chapter 7.5, Article I Sec. 7.D.p. 2.). Landscape Plan Sheet L-02, L-03 30. All shade and palm trees on the Plant list must be listed in the specifications X as a minimum of 12' -14' height, 3" diameter at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12' -14' to meet the 3" diameter requirement. rEnvironmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.1 31. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). PLANNING AND ZONING Comments: 32. Approval of this site plan is contingent upon the accompanying request for X height exception (HTEX 05-004). On the site plan tabular data (sheet C-4), correct the "maximum buildinj]; hei~t" to indicate 45 feet rather than 54 feet. 33. The maximum height allowed in the C-3 zoning district is 45 feet (Chapter 2, X Section 6.C.). At the time of permitting, the elevations shall indicate the buildin~ hei~ht, ensurinj]; compliance with aforementioned code. 34. The shared parking analysis indicates the project would contain 3,650 seats X but the site plan (sheet C-4) tabular data indicates 3,646 seats. The legal advertisement indicates 3,646 seats are proposed so therefore, if approved, the movie theatre would be limited to 3,646 seats, unless properly clarified, documented, or amended subsequently. 35. The traffic impact study must be approved by the Palm Beach County Traffic X Division for concurrency purposes prior to the issuance of any building permits. 36. The project requires a total of 5,562 parking spaces but only provides 5,478 X parking spaces, a deficit of 84 parking spaces. However, the applicant submitted Quantitative evidence (shared parkin~ analysis) that demonstrates COA 03/17/05 6 I DEPARTMENTS INCLUDE REJECT varying parking demand on different days or times of the week. The quantitative evidence included estimates for peak hour / peak season parking demand based on statistical data furnished by the Urban Land Institute (Chapter 2, Section II.H.13). The analysis was reviewed and found to be acceptable to staff. The Planning & Development Board and City Commission must approve the shared parking analysis. 37. The overall site plan (sheet C-3) tabular data indicates 42,876 square feet of X "future retail". This future building area was not a component of the shared parking analysis and should be indicated as such on the overall site plan tabular data. 38. At the time of permitting, All building elevations (for both Muvico and Retail X "A") should indicate paint manufacturer's name and color codes (Chapter 4, Section 7.D.). Staff recommends using a color schedule. 39. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 40. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X Bouganvillea) is required at both sides of all project entrances (off the loop road). The signature trees must have eight (8) feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. 41. One (1) wall sign is allowed on each wall of the movie theatre building X (Chapter 21, Article IV, Section 4). The elevations (of the Muvico building) show that reader boards are proposed on the same wall as the "Muvico" wall sign. Both signs are not allowed on the same wall. At the time of permitting, eliminate one (1) wall sign where there are two (2) proposed. A variance would have to be applied for, reviewed, and approved by the Planning & Development Board and City Commission in order to have two (2) wall signs on one (1) wall. 42. Eliminate the "16" portion of the project signage because as proposed, is X considered a roof-top sign. Roof-top signs are not permitted under Chapter 21, Article II, Section 3.G of the Land Development Regulations. 43. Rooftop air-conditioner units must be screened by the parapet walls. All X rooftop equipment must be completed screened trom view at a minimum distance of 600 feet (Chapter 9, Section 1 I.E. ). 44. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X encouraged (Chapter 9, Section IO.F.3.). 45. Lighting may be used to illuminate a building and its grounds for safety X COA 03/17/05 7 I DEPARTMENTS INCLUDE REJECT purposes and to enhance its beauty. However, the visual effect shall be subtle (Chapter 9, Section 10.FA.). Staff recommends that the illumination levels shall not exceed 10 footcandles. 46. Lighting shall not be used as a form of advertising in a manner that draws X more attention to the building or grounds at night than in the day (Chapter 9, Section 1O.F.5.). 47. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X of the typical freestanding outdoor lighting fixture should include the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). Staff recommends that the proposed lighting fixtures (and footcandle levels) used in the new parking areas should be the same lighting fixtures (and footcandle levels) that are used throughout the remainder of the mall's parking lots. Also, staff recommends limiting the under canopy lighting levels to 10 footcandles or less. 48. The elevations show a trellis structure with Bougainvillea is proposed at the X rear of the Muvico building. This element was omitted from the site plan and landscape plan. At the time of permitting, revise either the site plan or landscape plan to show the trellis structure. Regardless, the screen wall shall be painted to match the principle structure. 49. To soften the hardscape area, staff recommends installing a seven (7) foot X wide planter strip directly in front (east) of the new retail area. Native hedge material and palm trees should be installed within the planter strip. This can be accomplished during the permitting process. 50. Staff recommends that the signage proposed on the expansion building must X either match or closely resemble the existing signage on the other mall entrances. 51. To create a more grandiose entrance to the movie theatre, staff recommends X substituting the 14 Christmas palm trees with 14 Royal Palm trees. 52. Staff recommends including the same white, wall-mounted decorative X lighting fixtures on the expansion area as that of the wall-mounted fixtures used on the other mall entrance. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 53. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: COA 03/17/05 8 DEPARTMENTS INCLUDE REJECT 54. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\COA.doc