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LEGAL APPROVAL DEVELOPMENT ORDER .' OF BOYNTON BEACH, FLOr PROJECT NAME: Boynton Beach Mall - Department Store F IroJl ~ @ ~ U W ~ fii1 ! ~J SEP 2 1997 I tfu 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- /5 \\\\\\ \: i JUt/II// #'\\ 'I: C N BE:,/I/~ .:S$- \ ~ .......... C' ~ so"' .' A,T-" ~-... ;:: i ."-,0- !:::D ". - T ~ a -d' ... ~ =:0 \ = =IL.:'": : = = 0 ~ / n\" : = :: ~ ~- . ~~: ::: 'S-r", ","Q,... ~~ ~ ........~ "', "..........Q ~ ;,..'..., '. I, ,I n.. "' ~ "/ .) ......... 0'1;" ~ ':'-. ~ , I,; F \.. '!\\~ 11////1/" /III \\\\\\" DATED: lj~~f~t: .,2c:J!f /",1'7 ~~~~~/- City Clerk 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\ .EX#/.6/r /9 ~ 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 l{~f~ @ I~ IUUl ..L 4 .~ J Plp,;'~:':l:,:[: _-~---~... Z0."~:i.18 [~~.:: 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 - A. '<1' _...- ....~ ;-:~" (0' '" J1 ,.", rc -, ., j L'~ 1:'/ L~ \: \'! i'~ , 'J. '. J 1I _ - ) ;_.-------..~>-~ -._-- H fill~. . .,1 '..... I U Lll /iU':' l-'_ - ~ --:s-c~~'- --- --- 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 rn @ rn n ~n ~ ~ I \' i2 I'". u '-' '_~ I. I:" , 11 i!; ~~ U, ! 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. ASEP 4 -.-- ,~~... . ;'::":~' 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