REVIEW COMMENTS
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The City of
Boynton Beach
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PLANNHiG AND
ZONiNG DEPT.
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Office of the City Attorney
(5tH) 375-6050
FAX: (561) 375-6054
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May 28, 1998
. Thomas E. Sliney, Esq.
Hodgson Russ Andrews Woods & Goodyear, LLP
2000 Glades Road
Suite 400
Boca Raton, Florida 33431-8599
VIA FACSIMILE ONLY
(561) 394-3862
Re: Bovnton Beach MalllRestrictive Covenant
Dear Tom:
This is in response to your letter dated April 28, 1998, in which you posed some
questions pertaining to the above matter. I have discussed each of your questions with
members of the Planning Division for the City and respond as follows:
1. Is there an expiration date for the site plan approval that my clients obtained with
the parking deck?
At the present time, the site plan for the project does not include a parking deck.
The site plan containing the parking deck was replaced by the existing site plan.
According to Mike Rumpf in the Planning Division, the expiration date for the
existing site plan is one (1) year from the date of approval.
2. Does the recently issue parking variance approval which reduced the parking
ratio to 4.5 have any effect on the prior site plan (which included the parking
deck)? That is, hypothetically, could my client still go ahead with the original
plan with the parking deck?
The recently issued parking variance approval reducing the parking ratio has no
effect on the site plan containing the parking deck. Said site plan has been
replaced by a new site plan. Further, approval of the parking variance was
recommended by the Planning and Development Board and granted by the City
Commission after each board was presented with facts and infromation indicating
"An Equal Opportunity/ Affirmative Actionl ADA Employer"
MINUTES OF THE PLA H AND DEVELOPMENT BOA~ t ETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON -
TUESDAY, FEBRUARY 10,1998 AT 7:00 PM
PRESENT
Lee Wische, Chairman
Jim Reed, Vice Chairman
Stan Dubs
Mike Friedland
Maurice Rosenstock
Steve Myott, Alternate
Jose Aguila
Tambri Heyden, Planning & Zoning Director
Michael Pawelczyk. Assistant City Attorney
ABSENT
Pat Frazier
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:05 PM. The Pledge of Allegiance to
the Flag was recited.
2. INTRODUCTION OF STATE REPRESENTATIVE AND DIRECTOR OF
DEVELOPMENT FROM AUDIENCE.
Chairman Wische introduced the members of the board, Attorney Pawelczyk and the
Recording Secretary, and acknowledged the presence of State Representative Bill
Andrews and Director Kastartak in the audience. (Mayor and Mrs. Taylor arrived
approximately 7:20 and were acknowledged by Chairman Wische.)
3. AGENDA APPROVAL
No additions, deletions, or corrections were made to the agenda.
Motion
Mr. Dube moved to approve the agenda as submitted. Mr. Aguila seconded the motion,
which carried unanimously.
4. APPROVAL OF MINUTES
No additions. deletions, or corrections were made to the minutes of the last meeting.
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PLANNING ANO
ZONING DEPT
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MINUTES
PLANNING AND DEVEL\JPI.. _NT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 10, 1998
Motion
Mr. Dube moved to approve the minutes of the January 27, 1998 me,sting as submitted.
Mr. Myott seconded the motion, which carried unanimously.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Planning and Zoning Report
1. Final disposition of two of the five January 27, 1998 Planning & Development
Board meeting agenda items.
Ms. Heyden reported the following: Two of the five items from last meeting have gone
through the City Commission process; the other three will be going Tuesday night.
../
The two that have been finalized are the Shoppes of Woolbright PCD Master Plan
Modification and"Shoppes of Woolbright - Home Depot Expo Design Center. Both were
approve by City Commission subject to comments from this Board. Ms. Heyden
reminded the board of various issues that had been previously discussed such as
replatting, PCD subdividion, etc. In further discussions with the applicant, exact
information on subdividing this property was achieved. They will be combining the
Home Depot parcel with the Expo Oesign Center. Regarding the control issues, staff is
requiring revised control documents (how to maintain building, design standards, etc.).
B. Rescheduled Meeting Date.
Ms. Heyden announced that the March meeting will be held on Wednesday,
March 11, 1998 in West Wing, Conference Room C.
Ms. Heyden had distributed handouts to the Board, including the agenda for special
meeting on Thursday (workshop). She encouraged Board members to attend this
meeting.
Mr. Rosenstock suggested in the future that when regular meeting dates need to be
changed that Ms. Heyden consult with members of the Board to ascertain their
availability.
6. OLD BUSINESS
None
7. NEW BUSINESS
A. PUBLIC HEARING
2
MINUTES
PLANNING AND DEVE1..~~ ..,ENT BOARD MEETING
BOYNTON BEACH, FLORIDA
-
FEBRUARY 10, 1998
Zoning Code Variance
J
Boynton Beach Mall
Thomas E. Sliney, Esq
Boynton JCP Associates, Ltd.
301 N. Congress Avenue
Request for a zoning code variance to reduce the number of
required parking spaces from 6,195 to 5,553 (a ratio of one (1)
space per 200 square feet of gross leasable floor space to one
(1) space per 222.225 square feet of gross leasable floor space
in connection with construction of department store "F" (proposed
Dillards )).
1.
Project
Agent:
Owner:
Location:
Description:
At this time, Attorney Pawelczyk swore in all those who planned to testify on any item
on the agenda this evening.
Chairman Wische opened the public hearing.
Mr. Tom Sliney, Attorney for the owner of the Boynton Beach Mall addressed the Board
and reiterated the request for a zoning code variance as detailed above. He reminded
the Board that the City Commission had previously approved the development plan for
the remaining department stores at the mall, including the parking garage. He
introduced members of the audience who were connected with the development, and
detailed some reasons the applicant was requesting the variance and why it should be
approved. He said the main reason was that the parking garage would not be needed
and there was plenty of parking spaces, and that the existing ratio of 1 :200 was an
excessive requirement for a mall of this size. He also mentioned economic benefits
connected with the new Dittards, including assessed valuation and city sales tax. He
said the owner would not want to make it difficult for people to park.
Mr. Sliney complimented and thanked the city staff for their help and assistance on this
project. Mr. Sliney then introduced Mr. Timothy Daley, 7908 V\lestfield Boulevard,
Indianapolis, IN who showed pictures of the proposed Dillard's Department Store and
the proposed parking area. He explained how the proposed parking area would be
constructed, and that there would be ample parking available. He presented
background information on Dittards and how the proposed store would enhance the
Mall.
At this point, Chairman Wische introduced Mayor and Mrs. Taylor.
Mr. Daley then introduced Mr. Tom Marsikano, of Tampa Florida, Planner. He
mentioned his association with the Boynton Beach Mall. He spoke about how other
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MINUTES
PLANNING AND DEVELuPhr.cNT BOARD MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 10, 1998
parking areas in Florida have been evolving over the years, and how today's standards
are different.
Chairman Wische then invited the public to address the Board.
Mr. Frank Vito, 3545 Old Boynton Road expressed his concerns about losing more
property space, and off-street parking. Mr. Aguila explained that the term "off-street
parking" as mentioned in a letter Mr. Vito had received was confusing, and that it
referred to a chapter. The Board assured Mr. Vito that no off-street parking was
involved with this project.
There being no other persons from the audience who wished to address the Board,
Chairman Wische closed the public hearing, and opened the meeting to comments from
the Board.
Mr. Dube asked how other retail stores felt about the reduction in parking space. Mr.
Daley replied that they were in the process of modifying the REA, and were in contact
with the other stores in order to come to an agreement with them.
Mr. Freidland referred to page 12 of the handout, and mentioned that he saw no
problem with the project and that he would endorse it. Mr. Reed agreed, but was
concerned about the zoning codes. Chairman Wische read page 3 of the handout, and
a brief discussion was held with further input from the previous speakers.
Mr. Myott asked about further expansion and proposed renovation of the mall. Mr.
Daly mentioned the mall would undergo renovations in 1999, and detailed some of
them for the Board. He also mentioned that Macy's has the legal right to expand to a
third level, and that the parking variance will cover the expansion should it occur.
MOTION
Mr. Dube moved to approve the request for a zoning code variance to reduce the
number of required parking spaces from 6,195 to 5,553 (a ratio of one (1) space per
200 square feet of gross leasable floor space to one (1) space per 222.225 square feet
of gross leasable floor space in connection with construction of department store "F"
(proposed Dillards)). (A brief discussion was held on the motion regarding zoning
codes, but no amendment was added to this motion). Mr. Aguila seconded the motion,
which carried unanimously.
4
MINUTES
PLANNING AND DEVEL~t- ."iENT BOARD MEETING
BOYNTON BEACH, FLORIDA
-
FEBRUARY 1 0, 1998
B. SITE PLANS
New Site Plan
1 . I Project
Agent:
Owner:
Location:
Description:
Grand Park ALF of Boynton Beach
Gregory Miklos, Miklos & Associates
Norman J. Michael, Milar Corporation
Southwest corner of SW 13th Street and Golf Road
Request for site plan approval to construct a 105 bed assisted
living facility on 4.69 acre parcel of land.
Mr. Gregory Miklos, Applicant, Miklos & Associates, 2263 NW Boynton Boulevard
addressed the Board. Chairman Wische asked Mr. Miklos which staff comments he
was in agreement with, and which ones he needed to clarify or discuss. In regards to
Item #21, Mr. Miklos asked if the city wanted them to finish paving the cul-de-sac.
Ms. Heyden answered yes, that it was a city requirement that any unimproved street
abutting property being developed must be completed (swale installed, sodded and
paved). Mr. Miklos agreed to comply.
Mr. Miklos then asked, in regards to Item #23 mentioned in a prior meeting that he
believed it was agreed that he wasn't going to stripe the road, but paint the curb in lieu
of striping. Ms. Heyden agreed.
In regards to #45, Mr. Miklos said he would provide colored elevations of all sides of
buildings as stipulated.
Chairman Wische opened the public hearing at this time. Mr. Peter Ryland of 1311
SW 29 Avenue addressed the Board. He was concerned about the proposed building,
and felt it was very large in comparison to the surrounding area. Mr. Ryland explained
that an objection was voiced along with a group of petitioners who stated that this
proposed building was not an ACLF. He also spoke of the usage that included higher
levels of nursing and staffing, medical waste pickups etc. He was also concerned
about potential trucks and noise on the peripheral road along the canal. He also
mentioned objections to fencing. Chairman Wische thanked Mr. Ryland for his
comments and closed the public hearing.
The Board spoke briefly about various issues, including the fact that the facility was in
fact an ACLF, and that nothing that had already been proposed and agreed upon was
being changed. Mr. Aguila said he felt residents would be better protected by a solid
wall. The applicant had agreed to all court ordered recommendations.
5
MINUTES
PLANNING AND DEVEL~......cNT BOARD MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 10, 1998
MOTION
Mr. Aguila moved to approve the request for site plan approval to construct a 105 bed
assisted living facility on 4.69 acre parcel of land on the Southwest corner of SW 13th
Street and Golf Road, including the revised comment #45 and with the clarification on
comment #23 instead of the yellow diagonal striping with the words "Emergency
Vehicles Only" in the loading zone area, that the applicant would provide a painted curb
and appropriate signs. Mr. Dube seconded the motion, which carried unanimously.
8. OTHER
None.
9. COMMENTS BY MEMBERS
None.
10. ADJOURNMENT
There being no further business to come before the Board, Mr. Rosenstock moved to
adjourn the meeting at 7:45 PM. Mr. Friedland seconded the motion which carried
unanimously.
Fran Avery
Recording Secretary
(One Tape)
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MINUTES OF - .l - ..ANNING & DEVELOPMENT BOA~ -.J. - riNG UU
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOR A,
ON TUESDAY, FEBRUARY 24,1998 AT 7:00 P.M. ,,'
LS l!1 LS U I!/ l5 U'
I i
~25;~ I.
PLANNING AND
ZONING OEPT.
PRESENT
Lee Wische, Chairman
James Reed, Vice Chairman
Jose Aguila
Stanley DubS
Mike Friedland
Maurice Rosenstock
Steve Myott. Alternate (Voting Member)
Tambri Heyden, Planning & Zoning
Director
Mike Rumpf, Assistant Planner
Dan DeCarlo, Assistant Planner
Michael Pawelczyk, Assistant City
Attorney
ABSENT
Pat Frazier
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to the Flag.
2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS
Chairman Wische introduced the members of the board, Assistant City Attorney Pawelczyk, the Planning
& Zoning Division staff, and the Recording Secretary.
3. AGENDA APPROVAL
Mr. Dube moved to accept the agenda as presented. Mr. Aguila seconded the motion that carried
unanimously.- .
4. APPROVAL OF MINUTES
The approval of the minutes of the last meeting was deferred until the next meeting of the Planning &
Development Board.
5. COMMUNICATIONS & ANNOUNCEMENTS
A. Planning & Zoning Report
1. Final disposition of the January 27,1998 and February 10,1998 Planning &
Development Board meeting agenda items
Ms. Heyden advised that there would be only one more split schedule meeting. After that point, items
addressed by the Planning & Development Board will go to the City Commission for approval at the next
meeting following the Planning & Development Board meeting.
Ms. Heyden reported the following City Commission action on the items addressed by the Planning &
Development Board at their January 27. 1998 meeting:
Four Steel Communications Tower - Conditional Use Approval - Approved
subject to staff comments and recommendations of the Planning & Development
Board.
Boynton Commerce Center - Master Plan Modifications - Approved subject to
staff comments.
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:" ~~ETING MINUTES
pLANNING & DEVELOPMt::I-41 wOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24, 1998
Boynton Commerce Center - Site Plan - Approved subject to staff comments
and recommendations of the Planning & Development Board.
Ms. Heyden reported that the City Commission would address on the following items that were addressed
by the Planning & Development Board at their February 10, 1998 meeting:
Boynton Beach Mall - Zoning Code Variance for number of parking spaces
Grand Park ALF - Site Plan approval.
B. Meeting date for March 10, 1998 is changed to March 11, 1998 in West Wing
Conference Room "C"
Ms. Heyden confirmed with the members that the only member who is unable to attend the next Planning
& Development Board meeting on Wednesday, March 11, 1998 is Mr. Rosenstock.
6. OLD BUSINESS:
None
7. NEW BUSINESS:
A. PUBLIC HEARING
Attorney Pawelczyk administered the oath to all who would testify in these proceedings this evening.
Zonina Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
First United Methodist Church
Robert Hall
David Lynch (Trustee)
101 N. Seacrest Boulevard
Request for a variance from the City of Boynton Beach
Land Development Regulations, Chapter 2 - Zoning,
Section 5.G.2.c, to allow a 24.2 foot reduction of the
required 40 foot front setback (a 15.8 foot setback is
required).
Robert Hall, agent, approached the podium and confirmed for the board that he was in agreement with
the two staff comments.
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS APPLICATION.
Ms. Heyden had no additional comments.
Mr. Aguila expressed confusion about the request. However, Ms. Heyden confirmed that part of this alley
was abandoned in 1964, and the Church took possession of the entire 20'. Mr. Aguila was concemed
about the west 75' because the back-up information did not indicate that the single-family residence would
gain one-half of the alley being abandoned. It appeared that the Church would get all of the property.
Ms. Heyden advised that the Church owns the single-family house. There will be a Unity of Title of the
house. parking lot. and Church.
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MEETING MINUTES
PLANNING & DEVELOPME:I~r I.ovARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24, 1998
Mr. Aguila further pointed out that this request does not meet the conditions outlined in the criteria that
must be met in order for a variance to be granted.
Motion
Mr. DuM moved to approve the request for a '!ariance from the City of Boynton Beach Land Development
Regulations. Chapter 2 - Zoning, Section 5.G.2.c, to allow a 24.2 foot reduction of the required 40 foot
front setback (a 15.8 foot setback is required) subject to staff comments. Mr. Myott seconded the motion.
Mr. Aguila said he watched the former Board of Adjustment approve variances that never qualified. He
believes the Planning & Development Board is doing the same thing. He pointed out the need to carefully
review the criteria that must be met to grant a variance. Although he agrees that it makes sense to grant
this variance, this procedure is wrong. He feels the board needs to look at these situations because these
situations weaken the board.
Attorney Pawelczyk recommended that the applicant take the opportunity to speak on this issue to
convince the board that the request is justified.
Mr. Hall advised that in 1976, the Church was granted a variance. The Church now needs this variance to
continue the wall 22' to the south. Mr. Hall advised that he answered the questions with respect to the
variance criteria in the application that was submitted to the Planning and Zoning Department.
The motion carried 5-2. (Messrs. Aguila and Rosenstock dissented.)
Mr. Aguila added that he was opposing this request on principal.
Abandonment
2.
Project:
Agent:
Owner:
Location:
Description:
First United Methodist Church
Robert Hall
David Lynch (Trustee)
101 N. Seacrest Boulevard
Request to abandon a portion of a 20.8 foot wide alley
south of the First United Methodist Church
Mr. Hall advised that Mike Corbett should have been listed as the agent in this request.
Attorney Pawelczyk administered the oath tofMr. Corbett.
Mike Corbett. Architect for the Church eXDansion. understood why the board has some concerns
about the abandonment. However, granting this abandonment will clean up the entire piece of property
and make it a clean "L". It will also resolve technicalities that the former variance compounded. The
request for this variance results from the widening of Seacrest Boulevard that eliminated a great deal of
frontage. Mr. Corbett feels that by granting this variance, the site can be cleared of its strange
configuration.
Chairman Wische read the two staff conditions into the record, and Mr. Dube provided Mr. Corbett with a
copy of the conditions for his perusal. Mr. Corbett confirmed for the board that he had no objection to the
two staff comments.
Attorney Pawelczyk recommended that the language in Condition #2 be included in the utility easement.
Mr. Corbett had no objection to this request.
Mr. Rosenstock left the dais.
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MEETING MINUTES
PLANNING & DEVELOPM~.~ 1 ....DARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24, 1998
Mr. Aguila questioned whether the Church is proposing to rezone the property in the future so that it is
zoned one classification. Ms. Heyden advised that the City is not requiring such a rezoning, but will clean
this up as part of the Comp Plan amendments.
Motion
Mr. Aguila moved to recommend approval of the request to abandon a portion of a 20.8 foot wide alley
south of the First United Methodist Church subject to staff comments. Mr. Dube seconded the motion that
carried 6-0. (Mr. Rosenstock was away from the dais.)
Mr. Dube recognized people in the audience who were present for Item #4, Palm Walk ACLF. He pointed
out that these people were not aware of the fact that this item has been postponed.
Attorney Pawelczyk advised that the board would have to take action on this item. However, the applicant
has requested a postponement of this application until the meeting to be held on Wednesday, March 11,
1998. He announced that the meeting will be held in the West Wing Conference Room "cn at 7:00 p.m.
3.
Project:
Agent:
Owner:
Location:
Description:
Grand Park ALF of Boynton Beach
Gregory Miklos of Miklos and Associates
Norman J. Michael, Milnor Corporation
Southwest corner of SW 13th Street and Golf Road
Request for abandonment of a utility easement on
property located approximately 540 feet east of the
southeast corner of Congress Avenue and SW 23rd
Avenue to be known as Grand Park of Boynton Beach
Greg Miklos, 2263 Northwest Boca Raton Boulevard, approached the podium.
Chairman Wische noted that there are no staff conditions for this application.
Motion
Mr. Aguila moved to recommend approval of the request for abandonment of a utility easement on
property located approximately 540 feet east of the southeast corner of Congress Avenue and SW 23rd
Avenue to be known as Grand Park of Boynton Beach. Mr. Dube seconded the motion that carried 6-0.
(Mr. Rosenstock was away from the dais.)
Conditional Use
4.
Project:
Agent:
Owner:
Location:
Description:
Palm Walk ACLF
Ehasz Giacalone Architects
Palm Walk Associates
SW 19th Avenue
Request for conditional use approval to construct a 48-
bed Alzheimer care living facility to be known as the
Palm Walk adult congregate living facility.
Motion
Mr. Dube moved to table Item #4 to the March 11th meeting. Mr. Aguila seconded the motion that carried
6-0. (Mr. Rosenstock was away from the dais.)
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