LEGAL APPROVAL
DEVELOPMENT ORDER
.' OF BOYNTON BEACH, FLOr
PROJECT NAME: Boynton Beach Mall - Department Store F
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APPLICANT:
APPLICANT'S AGENT: Cormac C. Conahan
PLANNING AND
ZONING DEPT.
APPLICANT'S ADDRESS: 2000 Glades Road, Suite 400, Boca Raton, FL 33431-8599
DATE OF HEARING BEFORE CITY COMMISSION: August 19,1997
TYPE OF RELIEF SOUGHT: Site Plan Time Extension
LOCATION OF PROPERTY: 301 N. Congress Avenue
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
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 Applicant
"'::::""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 "B" with notation "Included".
4. The Applicant's application for relief is hereby
L 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-
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J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\SBMALL\SPTE\DEVELOPMENT ORDER.doc
EXlllBIT "B"
Conditions of Aooroval
Project name: Boynton Beach Mall- Department Store "F"
File number: SPTE 97-004
Reference: Letter of reauest for site olan time extension dated Julv 2. 1997. File # SPTE 97-004 with a Julv 2.
1997 Plannine: and Zonimz Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments:
1. Department of Health permits shall be required for the water and sewer V
systems serving this project. (Sec. 26-12)
2. A capacity reservation fee shall be due for this project upon my request for
signature on the Health Department application forms or within 30 days of
site plan time extension approval, whichever occurs first. This fee shall be
determined based upon final meter size. (Sec. 26-34(E)). The past due V
reservation fee for the current year is also due at this time. We request that
this fee also be paid within the specified time frame. Failure to pay this fee
in a timely manner will result in withholding of concurrency approval, and
voiding of the site plan extension.
3. Water and sewer lines to be owned and operated by the city shall be V
included within utilities easements. 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. (Sec. 26-33(a))
4. City water may not be used for irrigation where other sources are readily V
available. Please indicate the proposed irrigation water source. (Comp
Plan policy 3C.3.4)
5. Provide a minimum of ten (10) feet from center of a utility pipe to any V
structure or appurtenance. Unobstructed access to utility facilities must be
provided. (Sec. 26-33(b))
6. The Utilities -Department requests a meeting with the applicant's design V
engineer to discuss utility relocations and Health Department permit
applications.
FIRE
Comments: None
POLICE
Comments: None
Page 2
Boynton Beach Mall - Department Store F
File No. SPTE 97-004
ENGINEERING DIVISION
Comments:
7. Recommend a one time only, 12 month extension. The extension is subject
to the most current set of Land Development Regulations at time of permit V'
application.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
8. NONE
ADDITIONAL CITY COMMISSION CONDITIONS
9. To be determined. #dltl E
/bme
s:\projects\cond of appr\
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~
HODGSON RUSS
ANDREWS
WOODS &:
GOODYEARwo
2000 Jad Albanv
Suite 4V() Boca Raton
Boca Raton. FL 33431-8599 Buffalo
561-394-0500 BOCA RAroN New York
561-736-21n PALM BEACH Rochester
954-764-2440 BROWARD Mississauga
FAX: 561-394-3862 (Toronto)
EMAn.: bocalaw@hodgson-fla.ccmail.compuserve.com
ATTOINEYS AT LAW
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Susan K. Baumel. P.A
Lawrence F. Beyer
C.C. Conahan, P.A
Lany Connan. P.A.
Anthony L Dutton, P.A.
Ricbard A. Goetz, P.A.
Michael H. Gora. P.A.
lames M. Hankins. P.A.
Paul E. Roman
Thomas E. Sliney, P.A
lames A Porter, P.A.
Of Counsel
RESIDENI' IN NEW YORK
Paul R. Comeau
Marie S. Klein
Stephen M. Newman
July 2, 1997
Tambri J. Heyden
The City of Boynton Beach
200 N. Seacrest Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Dear Ms. Heyden:
Re: Boynton Beach Mall
Department Store ifF"
File No. NWSP 96-001
Location: 301 N. Conqress Avenue, Bovnton Beach
This firm represents the owner of the Boynton Beach Mall. As
you recall, I processed the application for the above-referenced
Development Order/Site Plan Approval.
My client respectfully requests a one year time extension
for building permit issuance for the Project and Development Order
and would show the following grounds for the request:
1) There has been a merger/reorganization of the
developer of the Boynton Beach Mall since the Site
Plan Development Order was approved.
2) . Although the Site Plan Development Order was heard
by the City Commission on May 17, 1996, the City
Clerk did not issue the Order until June 5, 1996,
and the City communicated the Site Plan Development
Order to me on June 19, 1996. I did not receive it
until June 24, 1996. I contacted you before June
24 of this year requesting an extension. (I
enclose copies of the correspondence.)
/1
"A Registered Limited Liabilit\' Parmership Including Professional AssOClartons
HODGSON RUSS ANDRE"
fOODS & GOODYEAR'Lr
3) Dillard's, which was the company that was to occupy
the sixth department store, was able to move into
the vacated Mervyn's store.
4)
This proj ect is
Order adopted by
years (until
construction.
subj ect to aD. R. I . Development
the City Commission that allows 2
February, 1998) to commence
5) The prospective department store for the "F" site
urgently needs to begin construction of the sixth
department store at the Mall.
6) There are no changes requested at this time to the
Site Plan or the conditions for development as
adopted by the City Commission and my client will
proceed under the approved Site Plan.
I enclose the $400.00 application fee and request that
this be placed on the TRC Agenda for July 15 and Planning and
Development Board meeting for July 22, 1997.
As we discussed with Mr. Hallahan, my client has already
put the wheels in motion to comply with Conditions 17, 18, 19, and
24.
The addition of this new store will greatly enhance the
position of the Boynton Beach Mall in the South Florida market and
preserve its standing as a premier regional mall. My client is
proud to bring this opportunity to the City of Boynton Beach.
Thank you for your prompt response. My client looks
forward to continuing the professional relationship you have always
extended in the past.
Very truly yours,
C.C. Conahan, P.A., Partner
'-( ( tJL
By:
Cormac C. Conahan
CCC:cs
Enclosure
76434
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MINUTES OF THE PLANNING AND DEVELOPMENT BOARD>MEE,T1NGHELD IN.
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
TUESDAY, AUGUST 12,1997, AT 7:00 P.M.
PRESENT
Lee Wische, Chairman
Jim Golden, Vice Chairman
Jose Aguila
Mike Friedland
Stan Dube
Steve Myott, Alternate
James Reed, Alternate
Michael Rumpf, Senior Planner
Michael Pawelczyk, Assistant City
Attorney
ABSENT
Pat Frazier
Maurice Rosenstock
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:03 p.m. The Pledge of Allegiance to
the Flag was recited.
2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS
Chairman Wische welcomed Commissioner Shirley Jaskiewicz and Vice Mayor Jamie
Titcomb to the meeting and introduced the members of the board and Attorney
Pawelczyk.
3. AGENDA APPROVAL
No additions, deletions, or corrections were made to the agenda.
Motion
Vice Chairman Golden moved to approve the agenda as submitted. Mr. Dube
seconded the motion, which carried unanimously,
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 12, 1997
2.70 acres, subject to staff comments. subject to the City Attorney rendering an opinion
on the appropriateness of comment 33, and subject to clarification by staff of comment
8. Mr, Aguila seconded the motion, which carried 6-0. Mr. Dube had not yet returned
to the Chambers.
E. Time Extensions
Site Plan Time Extension
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Mall - Department Store "F"
Cormac C. Cohahan
DeBartolo Properties Management, Inc.
301 N. Congress Avenue
Request for a one-year time extension (to May
17, 1998) of a previously approved major site
plan modification for a 162,502 square foot
addition for a new department store at the
Boynton Beach Mall.
Attorney Cormac Cohahan represented the applicant. He had no problem with any of
the conditions, including condition 5, as long as the utility pipe can be connected to the
building.
Mr. Aguila advised this came to the Board when Dillards was thinking of coming in and
they exceeded the height limitations with an arch over the entranceway. He was in
favor of approving another one year only time extension; however, he was not in favor
of approving a height variance or other code variances that might have been granted to
Dillards to anyone else.
Mr. Cohahan advised that the same department store that wanted the signature arch is
the same department store that is going to be going in there. The same signature arch
will be necessary and they will need that same height variance for their signature arch.
He would understand that the extension would include this. Mr. Aguila had no objection
to this as long as it is the same department store.
No one in the audience wished to address this item.
At this time, Mr. Dube returned to the Chambers.
15
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 12, 1997
Motion
Mr. Aguila moved to approve the request for a one-year only time extension (to May 17,
1998) of a previously approved major site plan modification for a 162.502 square foot
addition for a new department store at the Boynton Beach Mall, subject to staff
comments. Vice Mayor Golden seconded the motion, which carried unanimously.
Concurrency and Conditional Use Time Extension
2.
Project:
Agent:
Owner:
Location:
Palm Walk Adult Congregate Living Facility
Gregg H. Fierman
McDermott, Will and Emery
Palm Walk Associates, Inc.
North side of S.W. 19th Avenue, approximately
351 feet east of Congress Avenue
Request for a third, one-year time extension
(August 16. 1998) for conditional use approval
and concurrency certification for construction
of a 48 bed ACLF.
Description:
Attorney Darren Fitch of McDermott, Will and Emery represented Palm Walk
Associates, Inc. He had no objection to any of the staff comments.
Mr. Dubs asked why this is the third time an extension is being requested. Mr. Fitch
advised that his client did not own this property when the first two extensions were
requested. His client recently acquired this property and just realized that the time was
about to expire.
Vice Chairman Golden felt there were extenuating circumstances because of the
change in ownership.
Mr, Fitch advised that this client intends the build the unit before the third time
extension expires.
Motion
Mr. Aguila moved to approve the request for a final one-year time extension for
conditional use approval and concurrency certification for construction of a 48 bed
ACLF at the north side of S.W. 19th Avenue, approximately 351 feet east of Congress
Avenue, Palm Walk Adult Congregate Living Facility, subject to staff comments. Vice
Chairman Golden seconded the motion, which carried unanimously.
16
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MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, F
ON TUESDAY, AUGUST 19, 1991, AT 6:30 P.M.
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PLANNING AND
ZONING DEPT.
PRESENT
it
Gerald "Jerry' Taylor. Mayor
Jamie Titcomb. Vice Mayor
Matt Bradley. Commissioner
Shirley Jaskiewicz. Commissioner
Henderson Tillman, Commissioner
Kerry Willis. City Manager
James Cherot. City Attorney
Sue Kruse. City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Father Mark, Pastor, St. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Mayor Taylor led the Pledge
ot Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor requested the addition to two items under X-New Business. They will be:
1, Letter from the "I Have A Dream Foundation": and
2. 1-95 Wall as it relates to Forest Park Elementary School
City Manager Willis added four items under V-City Manager's Report. They are:
1, Citizens Action Center
2. Schedule Workshop to Discuss Fire and EMS Services to Hypoluxo
3. Authorization to Retain Labor Management Services
4, Approval of a Block Party Request
2. Adoption
Commissioner Tillman moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the
motion which carned 4-0.
Mayor Taylor announced that Commissioner Bradley is out of town.
II. ADMINISTRATIVE:
* T BRADLEY WAS OUT OF TOWN DURING THIS
MEETING. 1
MEf-T/NG MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 19, 1997
This Item was removed from the Consent Agenda for discussion.
I. Approve request for Boynton Mobile Village for Community Design Plan Appeal
J. Approve request for Palm Walk ACLF for conditional use time extension/ concurrency
time extension
K. Approve request for master plan modification for the Shoppes of Woolbright PCO
This item was removed from the Consent Agenda for discussion.
L. Approve request for master plan modification for Melear PUD
M. Approve request for new site plan for ARC (American Retirement Communities) at
Boynton Beach
N. Approve request for new site plan for Woolbright Medical Office
This Item was removed from the Consent Agenda for discussion.
O. Approve site plan time extension for Boynton Beach Mall-Department Store F
P. Approve funding for City Hall Information/Site Sign in the amount of either $10,000 or
$25,000
a. Approve request for refund on Mausoleum Crypt #E-9, Benediction Building, Section
B, Boynton Beach Memorial Park purchased by Rosadee Wright
R. Approve request for refund on Cemetery Lots 10 & 11, Block J, Boynton Beach
Memorial Park, purchased by Louise L. Carver
S. Authorization to turn finalized utility accounts with uncollectible balances to 3/31/97
over to collection agency
Motion
Commissioner Tillman moved to approve the Consent Agenda with the exception of Items "H", .oK", and "N"
Commissioner Jaskiewicz seconded the motion which carried 4-0.
H. Approve request for Shafiqul Islam for a variance to the Land Development
Regulations, Chapter 2, Section 5.C.2a. to allow an increase in the height of a
proposed single-family home to 35' from the maximum 25' allowed
Commissioner Jaskiewicz reported that she attended the Planning & Development Board meeting when this
issue was addressed. After the meeting, she inspected the area and feels this request would be very
appropriate. This site is located on the Intracoastal where very large homes already exist. She does not feel
the structure will block anyone's view. It is her opinion that the board was too stringent in requiring the
applicant to stay within the 25' limit for a luxury home and she recalled that the applicant was willing to go to
30', It appeared to Commissioner Jaskiewicz that some of the existing homes are higher than 25', She feels
this request should be given reconsideration, and she is hopeful it will not be denied.
Attorney Cherof advised that the applicant has requested a postponement of this item. He suggested this
item be tabled.
5
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD ME
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
TUESDAY, AUGUST 26,1997, AT 7:00 P.M.
., ill rnmrnowrn 00
sa -. 3 t':;r
.-.
-
~NINUAD
I TING H m<J .'
PRESENT
Lee Wische. Chairman
Jim Golden. Vice Chairman
Mike Friedland
Stan Dube
Pat Frazier
Maurice Rosenstock
James Reed, Alternate
Tambri Heyden. Planning and Zoning
Administrator
Jerzy Lewicki. Assistant Planner
Michael Pawelczyk. Assistant City
Attorney
ABSENT
Jose Aguila
Steve Myott. Alternate
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:00 p.m. The Pledge of Allegiance to
the Flag was recited.
2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS
Chairman Wische introduced Vice Mayor Jamie Titcomb.
3. AGENDA APPROVAL
Item 8.C.3 was moved up to be heard before Item 8.C.1. to accommodate the citizens
who came to speak on this item.
Motion
Mr. Dube moved to approve the agenda as amended. Vice Chairman Golden
seconded the motion, which carried unanimously.
4. APPROVAL OF MINUTES
No additions. deletions, or corrections were made to the minutes of the last meeting.
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 26, 1997
Motion
Mr. Rosenstock moved to approve the minutes of the August 12. 1997 meeting as
submitted. Mr. Friedland seconded the motion. which carried unanimously.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
1. Final City Commission Disposition of the agenda items from
the last Planning and Development Board meeting
This item was postponed until the arrival of Ms. Heyden.
6. SWEARING IN OF WITNESSES
Attorney Pawelczyk swore in all those who planned to testify this evening.
At this time. Chairman Wische introduced the members of the board and Attorney
Pawelczyk.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
1. Final City Commission Disposition of the agenda items from
the last Planning and Development Board meeting
Ms. Heyden reported the following:
. The BGllndustries Zoning Code Variance was approved.
. The Lee Manors Isles Subdivision Zoning Code Variance for an increase in the
height of a single-family home from 25 feet to 35 feet was postponed until the
September 2. 1997 City Commission meeting.
. The Melear PUD Master Plan Modification was approved subject to staff comments
and the Planning and Development Board comments.
. The Shoppes of Woolbright PCD Master Plan Modification was postpone until the
September 2na City Commission meeting.
2
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 26, 1997
· The Boynton Beach Mobil Village Community Design Plan Appeal for the dumpster
enclosure was denied.
· The ARC ot Boynton Beach Site Plan (ACLF) was approved subject to staff
comments and the Planning and Development Board conditions.
· The Woolbright Medical Office Site Plan was postponed until the October 7!r' City
Commission meeting.
· The Boynton Beach Mall, Department Store IF'. Site Plan Time Extension was
approved.
· The Palm Walk Adult Congregate Living Facility concurrency and cond!tional use
time extension was approved subject to staff comments.
Mr. Dube asked it a liquor store is allowed in C-2. Attorney Pawelczyk advised that the
sale of beer and wine is permitted in a C-2 district; however. the sale ot alcoholic
beverages is prohibited.
7. OLD BUSINESS
None.
8. NEW BUSINESS
A. Public Hearings
Zoning Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
Mobil Gas Station and Convenience Store
Anna Cottrell
Mobil Oil Corporation
2605 S.W. 1 51t, Avenue (northwest corner of
Woolbright Road and Congress Avenue)
Request tor a variance to Chapter 2 - Zoning,
Section 11.L.3.d(1) of the Boynton Beach Land
Development Regulations to allow an access
driveway located 65 feet, rather than the
required 110 feet, from the intersecting right-ot-
way lines of Woolbright Road and Congress
Avenue.
3
MINUTES
PLANNING AND DEV.... _Ot-lVIENT BOARD MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 14, 1997
A. Report from the Planning and Zoning Department
1. Final City Commission Disposition of the agenda items from
the last Planning and Development Board meeting
Ms. Heyden advised the board that as of July, items to be ratified by the City
Commission are placed on the Consent Agenda. At their last meeting, the City
Commission approved Clear Copy as submitted.
2. Dillards
Ms. Heyden advised that Dillards has decided to move into the Boynton Beach Mall
where Mervyns used to be located. Since the site plan has been approved by the board
a year ago, they decided to scale down the store. However, it meets the criteria for a
minor site plan modification and will not come back to the board. The elevations were
submitted to the board as part of the site plan application. Staff has scrutinized the
elevations. The applicant has not changed anything other than shrinking the building a
little. The applicant will not be building a parking garage; however. the parking under
the garage that was part of the original approval will still be pavement.
Mr. Aguila inquired about the archway. Ms. Heyden advised that it will stay exactly like
the board approved it.
6. OLD BUSINESS
None.
7. NEW BUSINESS
A. Public Hearings
Zoning Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
Fidelity Federal Bank
Kevin McGinley
611 Ltd.. clo Dan Goebel, President
1501 Corporate Drive (Fidelity Federal Bank)
Request to allow a 5 foot variance from the
required setback of 10 feet for a monument
sign.
All those who planned to testify this evening were sworn in by Attorney Pawelczyk.
Mr. McGinley was present to answer any questions.
3