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AGENDA DOCUMENTS CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA August 19, 1997 6:30 P.M. 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 Commissioner Matt Bradley D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date I Titcomb Adv. Bd. on Children & Youth Alt 1 yr term to 4/98 TABLED IV Tillman Adv. Bd. on Children & Youth Stu/Reg 1 yr term to 4/98 TABLED I Titcomb Civil Service Board Alt 2 yr term to 4/99 TABLED IV Tillman Cemetery Board Reg 3 yr term to 4/00 TABLED Mayor Taylor Cemetery Board Reg 3 yr term to 4/00 TABLED I Titcomb Cemetery Board Alt 1 yr term to 4/98 TABLED I Titcomb Code Enforcement Board Alt 1 yr term to 4/98 TABLED IV Tillman Code Enforcement Board Reg 3 yr term to 9/00 TABLED II Bradley Code Enforcement Board Reg 3 yr term to 9/00 IV Tillman Community Relations Board Alt 1 yr term to 4/98 II Bradley Community Relations Board Alt 1 yr term to 4/98 TABLED I Titcomb Library Board Alt 1 yr term to 4/98 TABLED II Bradley Senior Advisory Board Alt 1 yr term to 4/98 TABLED I Titcomb Recreation & Parks Board Alt 1 yr term to 4/98 III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. City Commission Workshop Meeting to discuss Proposed Leisureville Settlement and Woolbright Place Settlement Agreement - Monday, August 25, 1997, at 6:30 p.m. - West Wing Conference Room "C" 2. Special City Commission Meeting & Budget Public Hearing - Thursday, September 4, 1997, at 6:30 p.m. - Commission Chambers 3. City Commission Workshop Meeting with Town of Ocean Ridge - Friday, September 5, 1997, at 2:00 p.m. - Conference Room "C" - West Wing 1 4. Low-cost Rabies Clinic - Ezell Hester Jr. Community Center on Sunday, August 24, 1997, from 12:00 Noon until 2:00 p.m. 5. Recognize B-Love Corporation for its Sponsorship of the 2nd Annual Driftfishing Benefit for the Animal Shelter B. Presentations: IV. CONSENT AGENDA: Matters in this Section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Special City Commission Meeting Minutes of July 25, 1997 2. Joint Workshop Meeting of City Commission/Ch~mber of Commerce of August 4, 1997 3. Regular City Commission Meeting Minutes of August 5, 1997 B. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget 1. Award BID #051-19297/CJD to Asbestos Certified Technicians from Land O'Lakes, Florida in the amount of $11,212.00 for Avian Feces Abatement at Mangrove Elementary School, 129 E. Ocean Avenue 2. Approve purchase from Smith and Loveless, Inc., manufacturer of pumps and check valves, for replacement in Lift Station #602 through Sanders Co., Stuart, FL, in the amount of $16,840 3. . Approve request for direct purchase in the West Water Treatment Plant Expansion Phase II Project: Control Instrumentation from Johnson Yokogowa, through the State of Florida's authorized representative, Classic Controls, Inc., Lakeland Florida, in the amount of $23,735, and three Remote Telemetry Units from Data Flow Systems, Melbourne, Florida, in the amount of $15,471. The total request amounts to $39,206 4. Approve purchase of drywall and replacement in the Microbial Remediation process throughout City Hall from Lotspeich, Lake Park, Florida, in the amount of $5,727. 5. Approve Bid Renewal for Annual Requirements for Bulk Fertilizer for the Golf Course 6. Approve Bid Renewal for Annual Contract for Supplying and Installation of Water Service Connections and Restoration to Gosline Plumbing & Sprinkler Company, Inc. of Riviera Beach, Florida - New Bid #072-401-97/CJD 2 7. Approve Bid for Annual Supply of Polyphosphate-Type Corrosion Inhibitors- Bid #058-401-97/SP 8. Approval of agreement for the purchase of software golf package including point-of-sale, inventory, and handicapping functions from Golf Management Systems, Inc. C. Resolutions: 1. Proposed Resolution No. R97 -137 Re: Approving description of Citizen Action Center Coordinator the new job 2. Proposed Resolution No. R97-138 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and Palm Beach County to permit the existence of an entrance sign and wall, including lighting, landscaping, and irrigation in and on the County-controlled right-of-way located at the intersection of Chapel Hill Boulevard and Sea crest Boulevard 3. Proposed Resolution No. R97-139 Re: Approve amendment to Rule XI, Section 5.D. of the Civil Service Rules & Regulations providing that no employee shall receive supplemental pay under a Workers' Compensation claim for a period exceeding six (6) months, and providing that no supplemental pay shall be paid to an employee beyond eighteen (18) months from the date of injury D. Approval of Bills E. Payment of Bills - July, 1997 F. Approve establishment of an investment policy for all City of Boynton Beach Funds except pension funds G. Approve request for variance for BGI Industries, Inc., from the Land Development Regulations, Chapter 2 - Zoning, Section 7.H.11 - Off-Street Loading, to allow a loading zone to front on a public right-of-way 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 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 PCD 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 3 O. Approve site plan time extension for Boynton Beach Mall-Department Store F P. Approve funding for City Halllnformation/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 v. CITY MANAGER'S REPORT: VI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Citizens Input on 1996 Award from the Local Law Enforcement Block Grant Program B. Abandonment Application: PROJECT: Enterprise Rent-A-Car AGENT: Dee Monette Gil Hyatt Construction OWNER: Harry Hamilton, Trustee LOCATION: 1009 North Federal Highway DESCRIPTION: ABANDONMENT - Request to abandon a 20' wide strip of land just west of lots 3 and 4 of Block 1 of the Lake Addition to Boynton Beach subdivision in connection with the Enterprise Rent-a-Car Conditional Use request. VIII. BIDS: IX. DEVELOPMENT PLANS: DESCRIPTION: Boynton Commons PCD _ Joe Lelonek Land Design South Bill and Elsie Winchester Southwest corner of Old Boynton Road and Congress Avenue Request for an administrative appeal to significantly modify the previously-approved building elevations of the Boynton Commons PCD Shopping Center. A. PROJECT: AGENT: OWNER: LOCATION: 4 X. NEW BUSINESS: XI LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 097-34 Re: Rezoning - Heise/Auto Care Center of America PCD ............... POSTPONED UNTIL SEPTEMBER 2nd 2. Proposed Ordinance No. 097-41 Re: Amending Chapter 1.5 of the Land Development Regulations by amending Sections 4.3(A) and 4.3(B) to add "conditional use approval" and "conditional use approval time extension" to the list of applications/requests that shall be preliminarily reviewed by the Planning and Development Board 3. Proposed Ordinance No. 097-42 Re: Amending Section 6.E of the City Sign Code, Chapter 21 of the Land Development Regulations 4. Proposed Ordinance No. 097-43 Re: Deleting Charter Sections B. Ordinances - 151 Reading 1. Proposed Ordinance No. 097-44 Re: Amending Chapter 1.5, Section 2.F. of the Land Development Regulations to remove all references to unexcused absences in said Chapter, and providing that on the sixth absence, the member shall be removed from the Planning and Development Board 2. Proposed Ordinance No. 097-45 Re: Amending Part II, Chapter 2, Article IV of the Code of Ordinances to amend section 2-56 providing for increase of the exemption amount for competitive bidding to $2,000 except as provided in Section 2-56.1; amending Section 2-56.1 (b) providing for revision of the current competitive bidding exemption for purchases in excess of $1,000 and less than $5,000 to revise the exemption to purchases between $2,000 and $10,000 C. Resolutions: None D. Other: XII. UNFINISHED BUSINESS: XIII. OTHER: XIV. ADJOURNMENT: 5 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HEISHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER TO THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. j :\shrdata\cc\wp\ccagenda\0819.doc 6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Commission Meetine; Dates in to City Manager's Office Meetine; Dates in to City Manager's Office 0 May 6, 1997 April 25, 1997 (noon) 0 July 1, 1997 June 20, 1997 (noon) 0 May 20, 1997 May 9,1997 (noon) 0 July IS, 1997 July 3, 1997 (Thursday noon) 0 June 3, 1997 May 23,1997 (noon) 0 August 5,1997 July 25, 1997 (noon) 0 June 17, 1997 June 6, 1997 (noon) 181 August 19, 1997 August 8, 1997 (noon) RECOMMENDATION: Please place the request below on the August 19, 1997 City Commission meeting agenda under Consent. The Planning and Development Board, with a 7-0 vote, recommended approval, subject to all staff comments in Exhibit "D"- Conditions of Approval (see attached). For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 97-407. EXPLANATION: PROJECT: Boynton Beach Mall- Department Store "F" AGENT: Cormac C. Cohahan OWNER: DeBartolo Properties Management, Inc. LOCATION: 301 N. Congress Avenue DESCRIPTION: Request for a one year time extension (to May 17,1998) ofa previously approved, major site plan modification for a 162,502 square foot addition for a new department store at the Boynton Beach Mall. PROGRAM IMPACT: NM FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature Department Head's Signature Department Name r- . ~ -J~~ . Planning and ag DUe \\CH\MA1N\SHRDA T A \Planning\SHARED\ WP\PROJECTS\BBMalI\Store F\spte\Agenda Item Request.doc EXHIBIT "D" ,-,onditions of Approval Project name: Boynton Beach Mall - Department Store "F" File number: SPTE 97-004 Reference: Letter ofreauest for site plan time extension dated Julv 2. 1997. File # SPTE 97-004 with a Julv 2. 1997 Planning and Zoning Departnlent 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 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 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 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 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 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 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 application. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 8. NONE ADDITIONAL CITY COMMISSION CONDITIONS 9. To be determined. /bme s:\projectslcond of appr\ _~TY OF BOYNTON BEAC~. PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, August 12,1997 TIME: 7:00 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance 2. Introduction of Mayor, Commissioners and Board Members. 3. Agenda Approval. 4. Approval of Minutes. 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. 6. Swearing in of witnesses. 7. Old Business None 8. New Business A. PUBLIC HEARINGS Zonina Code Variance 1. PROJECT: BGllndustries, Inc. at Quantum Park AGENT: Gonzalo Ravago OWNER: BGI Industries, Inc. LOCATION: Northeast comer of Gateway Boulevard and Quantum Boulevard (lots 32, 33, 34A, 34B, 35, 36, 37 and 38 in Quantum Park) DESCRIPTION: Request for a zoning code variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section Page 2 of 5 Planning and Development Board Meeting Agenda, August 12, 1997 7.H.11 - Off-street loading, to allow off-street loading facilities fronting Gateway Boulevard. 2. PROJECT: Lee Manor Isles subdivision (Lot 10) OWNER: Shafiqullslam LOCATION: Lee Manor Isles subdivision, Lot 10 (S.E. 13th Avenue, aka Riviera Drive) DESCRIPTION: Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.C.2. to allow an increase in the height of a proposed single family home to 35 feet from the maximum 25 feet allowed. B. SUBDIVISIONS Master Plan Modification 1. PROJECT: Melear PUD AGENT: Donaldson Hearing OWNER: James 1. Bisesi and Gene B. Glick DESCRIPTION: Request to modify the previously approved Melear PUD master plan to allow a reduced buffer width along Congress Avenue from 50 feet to 40 feet, revised access for one driveway onto Congress Avenue, an additional egresslingress driveway onto Sandalwood Drive, and redistribution of unit types and numbers within Phase 2 and 3 of 492 multi-family units and 181 single-family units to 364 multi-family units and 309 single-family units. 2. PROJECT: Shoppes of Woolbright PCD AGENT: Michael Morton, Morton Group, Inc. OWNER: Howard Scharlin, Trustee LOCATION: North of Woolbright Road and east of L.W.D.D. E-4 Canal DESCRIPTION: Request to modify the previously approved Shoppes of Woolbright PCD master plan to move north, approximately Page 3 of 5 Planning and Development Board Meeting Agenda, August 12, 1997 40 feet, the driveway that is located on the east side of S.W. 8th Street between Outparcel1 and Outparcel 2, reduce the floor area of Outparcel1 from 4,000 square feet to 3,710 square feet, reduce the floor area of Outparcel 2 from 6,745 square feet to 6,492 square feet, reduce the floor area of Outparcel 3 from 3,175 square feet to 2,911 square feet, detach from Home Depot the commercial buildings located north of the garden center and combine the two southern most tenant spaces. C. APPEALS Community Desio" Plan Appeal 1. PROJECT: Boynton Beach Mobile Village AGENT: Bob Brown OWNER: Spillane Brown Development Co. LOCATION: 1801 NE 4th Street DESCRIPTION: Request to appeal the Community Design Plan, Section 10.C.3, to allow a canvas dumpster enclosure to substitute for the required concrete block, stuccoed wall dumpster enclosure. D. SITE PLANS New Site Plan 1. PROJECT: ARC at Boynton Beach (American Retirement Communities) AGENT: Bradley Miller, AICP _ Charles Putman & Associates, Inc. OWNER: Norman J. and Elishka E. Michael LOCATION: Southeast corner of Congress Avenue and S.W. 23rd Avenue DESCRIPTION: Request for site plan approval to construct an assisted living unit facility (containing 93 beds and 91 units) on 4.622 acres. Page 4 of 5 Planning and Development Board Meeting Agenda, August 12, 1997 2. PROJECT: Woolbright Medical Office AGENT: Robert Basehart, AICP OWNER: Joseph R. Jingoli LOCATION: Southwest corner of Woolbright Road and the LWDD E-4 Canal. DESCRIPTION: Request to construct a 36,000 square foot medical office building on 2.70 acres. E. TIME EXTENSIONS Site Plan Time Extension 1. PROJECT: Boynton Beach Mall - Department Store "F" AGENT: Cormac C. Cohahan OWNER: DeBartolo Properties Management, Inc. LOCATION: 301 N. Congress Avenue DESCRIPTION: 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. Concurrencv and Conditional Use Time Extension 2. PROJECT: Palm Walk Adult Congregate Living Facility AGENT: Gregg H. Fierman McDermott, Will and Emery OWNER: Palm Walk Associates, Inc. LOCATION: North side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue. DESCRIPTION: 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. Page 5 of 5 Planning and Development Board Meeting Agenda, August 12,1997 F. OTHER NONE 9. Comments by members 10. Adjournment NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. J:\SHRDA T A \Planning\SHARED\WP\AGENDAS\P&D\8-12-9.doc 8.E.1 BOYNTON BEACH MALL - DEPARTMENT STORE "F" SITE PLAN TIME EXTENSION DEVELOPMENT DEPARTMENT SERVICES PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-407 TO: Chairman and Members Planning and Development Board THROUGH: Tambri J. Heyden, AICP Planning and Zoning Director FROM: Jerzy Lewicki Acting Senior Planner :jl DATE: August 8, 1997 SUBJECT: Boynton Beach Mall, department store "F" -site planlconcurrency time extension File No. SPTE 97-004/CNTE 97-002 NATURE OF REQUEST Cormac C. Conahan of Hodgson, Russ, Andrews, Woods and Goodyear LLP, agent for DeBartolo Properties Management, Inc. (property owner of the Boynton Beach Mall), is requesting a twelve (12) month time extension of a previously granted site plan modification approval and concurrency certification (see Exhibit "A" -letter of request). The property, zoned C-3 (Community Commercial), is located at 801 Congress Avenue, as shown on the attached location map - Exhibit "B". If approved, the request would extend the expiration date to May 17, 1998. BACKGROUND On May 17, 1996, the City Commission approved the Boynton Beach Mall major site plan modification to construct a 162,502 square foot addition for a new department store ("F"), subject to staff, Planning and Development Board and City Commission comments (see Exhibit "C" - approved site plan). To date, a construction permit has not been secured, as several organizational changes took place within the organization managing the complex. On July 3, 1997, after expiration of the site plan approval, Mr. Conahan submitted a request for a one-year site plan time extension to allow more time to apply for and secure a construction permit. Prior to the January 21, 1997 adoption of major revisions to the LDRs, Chapter 1.5, Article VI, Section 12.J governed concurrency time extensions. This section stated that requests for time extensions "may be filed not later than 60 days after the expiration of said certificate". It further stated that "time extensions may be granted for any length of time which does not exceed one year". However, the current language regarding who approves concurrency time extensions is unclear and the language regarding when it must be filed is left out of the current code. Regardless, the time extension request was submitted on June 30, 1997, prior to the expiration date of August 16, 1997. Furthermore, since extension of a development order (such as a site plan approval) is meaningless without concurrency approval, and since extension of the site plan does require Board and Commission approval, it follows that such a time extension approval brings with it concurrency reapproval. Not only is this logical, but it is consistent with the deadline in Chapter 4, Section 5 of the city's land development regulations / Page 2 Memorandum No. 97-407 Boynton Beach Mal- Department Store "F" SPTE 97-004/CNTE 97-002 which indicates that the City Commission, at its discretion, may extend the approval of a site plan for a one year period, provided a request for extension is filed prior to the expiration of the one year period. In granting such extensions, the Planning and Development Board and the City Commission may impose additional conditions to conform the site plan to current development standards. ANALYSIS Under the language in place prior to January 21, 1997, the concurrency certification part of this request which was filed on July 3, 1997, would have been considered timely and not retroactive, since the submission date is within 60 days of the May 16, 1997 expiration date. As previously mentioned, there have been changes in the land development regulations since the site plan was approved. However, the changes would have minimal effect on the approved site plan. In fact, a few of the changes were initiated due to this approval. It is anticipated that a site plan modification will be submitted for the new department store. During that process, compliance with code changes can be made. Also, the property or area is not the subject of any near future EAR- based (Evaluation and Appraisal Report of the Comprehensive Plan) amendment required by the state or part of the in-progress Vision 20/20 Planning Study. Therefore, there are no changed conditions since the 1996 approval that might warrant expiring the Boynton Beach Mall - Department Store "F" site plan. Lastly, the DRI amendment that was approved, by the City and the DCA, with the department store addition, granted a later deadline for construction. The DRI amendment review covered traffic review to ensure that traffic capacity would exist up to the extended build-out date. RECOMMENDATION It is noted that the last time extension that came before the Board was denied, since it was filed after the expiration. However, on July 22, 1997, the Technical Review Committee met to discuss the request and the consensus of the Committee was to grant a one (1) year extension of the site plan approval to expire May 16, 1998, subject to all previous comments included in the development order dated June 5, 1996. Find attached Exhibit "D" - Conditions of Approval for specific comments. S:\Planning\SHARED\WP\PROJECTS\BBMall\Store F\P&D staff-report-spte-bbmall.doc ~ . . . ATTORNEYS AT LAW rw'~:':~ @'-::,-.;:----..--. J D r 'It ~~. ~'J'- ~ -~., , - -,---"" PlM~;'WjG (",;1) ZONlf,~G DF?t ..............01"'.S 2000 Glade!> ....oad Albany Suite 400 Boca Raton Boca Raton, FL 33431-8599 Buffalo 561-394-0500 BOCA RATON New York 561-736-2177 PALM BEACH Rochester 954-764-2440 BROWARD Mississauga FAX: 561-394-3862 (Toronto) EMAIL: bocalaw@hodgson-fla.ccmai1.compuserve.com ~ HODGSON RUSS ANDREWS WOODS &: GOODYEARLLP Susan K. Baumel, P.A. Lawrence F. Beyer C.C. Conahan, P.A. Larry Corman, P.A. Anthony L. Dutton, P.A. Richard A. Goetz, P.A. Michael H. Gora, P.A. James M. Hankins, P.A. Paul E. Roman Thomas E. Sliney, P.A. James A. Porter, P.A. Of Counsel RESIDENT IN NEW YORK Paul R. Comeau Mark 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 "F" File No. NWSP 96-001 Location: 301 N. Conaress 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.) ~egistered Limited Liability Partnership Including Professional Associations HODGSON RUSS ANDREWS \v OODS & GOODYEARLLr 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. subject to a D.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 -{ ( rJL By: Cormac C. Conahan CCC:cs Enclosure 76434 s -~OCATION MJ~? BOYNTON BEACH MALL "F" ..\\: ~,~'..._.. -. \ ~r....Y"--- \~ ,Iil 1,,\" N r : - \ ,~. I C A,..;.,....-. - I . .. - . . --, c tJ;o&utu= i I P I .1!1;'~'l U' ,1 ., I,' L- P D" pee i ~.~. I ""Ie '0 1/8 MILES . III" II . II '0 400. 800 FE~T u:: lJ . 5-9C. : , \ . '\ ....... -r".~"'I- , · r:!,',\\\lnl: ,;, :~H 1111:i PIO }; _ IIMCTORCLAs/ ..- ,\ , ./' . . . ." :~ :...... / ......---.1' ~ f: ;l!1I1111=1Il~ 1I11111111l!!l~ iiilUII=i~ r ~ -- - --- '\. ..... 1 r :].__.~~ ~ . .1 , " ; I"J '; . .; i , '. '", . ,. . ' ,. ;:r II"! I . I :1': :. "I' ~ ' : ",' . /", - , :uti i .! I ~ . ;"'~" ~ ~1.i .. i~! .: ~: .. .'l: 2.' ~F , - - Cl. Vl ~i ., j: ::. If :,;\ ! -. ....: i ~I 111, p~ I J:n I~:!i. liL ~ ilui!!i,l,! i "....1(1 I l.m:I~11l nm.!iJ!! ,. ..1IJ.:jr ~~ Ii. d i! ; J.! . f ~ ~,,"; li. 'Si ~'; io i= i I ;~. .. ~ Ii;:. ~i,; i ,-I' i!:l i -. ..;. -= e:: ~ ~:i = 0..C' ,::.;::i= c= ~ iE ~o : -- !~ EXHIBIT "D" Conditions of Approval Project name: Boynton Beach Mall- Department Store "F" File number: SPTE 97-004 Reference: Letter of request for site plan time extension dated Julv 2, 1997. File # SPTE 97-004 with a Julv 2, 1997 Planning and Zoning 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 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 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 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 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 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 engineer to discuss utility relocations and Health Department permit applications. FIRE Comments: None POLICE Comments: None If 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 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. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 9. To be determined. /bme s:\projects\cond of appr\ I~ -- DEVELOPMENT ORDER CIT ~ JF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Mall- Department Store F APPLICANT: APPLICANT'S AGENT: Cormac C. Conahan 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 "An 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 _ 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: City Clerk J:\SHRDA T A\Planning\sHARED\WP\PROJECTS\BBMALL\SPTE\DEVELOPMENT ORDER-doc /3 APPLICANT .~ ~CHNICAL REVIEW COMMIT'. cE MEETING AGENDA DATE: Tuesday, July 22, 1997 TIME: 9:00 AM. PLACE: Conference Room C, 2nd Floor, West Wing, City Hall 1. Old Business None 2. New Business A LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS) Site Plan Time Extension 1. PROJECT: Boynton Beach Mall - Dept. Store F AGENT: Cormac C. Cohahan LOCATION: 301 N. Congress Avenue DESCRIPTION: Request for a one year time extension (to May 17, 1997) of a previously approved major site plan modification granted on May 17, 1996 for a 162,502 square feet addition, with parking structure, to the mall. Concurrency and Conditional Use Time Extension 2. PROJECT: Palm Walk Adult Congregate Living Facility AGENT: Gregg H. Fierman McDermott, Will and Emery LOCATION: North side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue and 598 feet south of Woolbright Road DESCRIPTION: Request for a third, one year time extension (August 16, 1997 to August 16, 1998) for conditional use approval and concurrency certification for construction of a 48 bed ACLF built to Alzheimer/Dementia specifications. 4. Other Business None DEVELC - VlENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-339 FROM: TECHNICAL REVIEW COMMITTEE MEMBERS Kerry Willis, City Manager Larry Roberts, Public Works Oirector/City Engineer AI Newbold, Deputy Director of Development Ken Hall, Development Services Department William Cavanaugh, Fire Prevention Officer Sgt. Marlon Harris, Police Department John Wildner, Parks Superintendent Kevin Hallahan, Forester/Environmentalist Clyde "Skip" Milor, Utilities Chief Field Insp. Mike Haag, Building Permit Administrator Jerzy Lewicki, Acting Senior Planner /, - '/Jl"iZ. jr, - Tambri J. Heyden, AICP lC'~\.vd' t.,ry~i</ Planning & Zoning Director TO: DATE: July 9, 1997 SUBJECT: Administration Technical Review Committee Meeting - Tuesday, July 15, 1997. On July 15, 1997, following the regularly scheduled TRC meeting, a staff-only meeting will be held to discuss the project identified below in the 2nd Floor Conference Room C, West Wing, City Hall. 1. Old Business None 2. New Business A. LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS) Site Plan Time Extension 1. PROJECT: Boynton Beach Mall - Dept. Store F AGENT: Cormac C. Cohahan LOCATION: 301 N. Congress Avenue DESCRIPTION: Request for a one year time extension (to May 17, 1997) of a previously approved major site plan modification granted on May 17, 1996 for a 162,502 square feet addition with parking structure to the mall. NOTE: Written comments are due to the Planning and Zoning Director no later than 5:00 P.M. Monday, July 21, 1997. Page 2 Administrative TRC Meeting July 15, 1997 Concurrency and Conditional Use Time Extension 2. PROJECT: Palm Walk Adult Congregate Living Facility AGENT: Gregg H. Fierman McDermott, Will and Emery LOCATION: North side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue and 598 feet south of Woolbright Road DESCRIPTION: Request for a third, one year time extension (August 16, 1997 to August 16, 1998) for conditional use approval and concurrency certification for construction of a 48 bed ACLF built to Alzheimer/Dementia specifications. NOTE: Written comments are due to the Planning and Zoning Director no later than 5:00 P.M. Monday, July 21, 1997 4. Other Business Discussion: Bio Barrior will be discussing their product with .regard to Utility and Public Works improvements. 5. Comments by members 6. Adjournment S:\agenda\adm\A TRC071597.doc MEETING MI.ES - e PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA -.e . JUNE 11, 1996 Ms. Heyden reported on the City Commission action as follows: Conditional Use for St. Joseph's EDiscoDal Church and School - Approved subject to this board's recommendation regarding screening of the air conditioning units and of the existing units on the gymnasium. Hills at Lake Eden PUD Chanae in Zonina Conditions - Denied. Land Use Amendment/Rezonina for Bovnton Beach CDC - Approved subject to this board's recommendation regarding height and zoning reversion when the use is discontinued. Site Plan for Nautica Sound - Approved subject to the recommendations made by this board. With regard to signage, sign area is interpreted by calculating the individual letters. Knuth Road PCD Service Station Site Plan - Approved subject to staff comments and recommendations of this board regarding cross access to the adjacent parcel. Bovnton Beach Mall Department Store F - Approved subject to staff comments. The City Commission decided that the variance granted in the 1980s applied to the new parking area; therefore, no wheel stops will be required. With regard to the height of the entrance feature, the City Attorney determined that the applicant is eligible to apply for a height exception. That is currently in progress. With regard to the comments relative to landscaping, there were minor changes. Vlninas Phase II - Approved subject to staff comments. Two Ordinances: 1. environmental Regulations. Adopted 2. Drive-through window change to Community Design Plan - Approved on second reading with two minor changes. Ms. Heyden advised that there will be a special Planning and Development Board meeting on Tuesday, June 25, 1996. In response to Chairman Dube's question, Ms. Heyden advised that medical offices are going into the facility located at the southwest corner of Woolbright Road and Congress Avenue (old Glendale Federal Bank building). 2 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 No one in the audience wished to address this item. Mr. Hukill said staff was greatly concerned about parking on the slope, which is 17 feet vertically for a 150 feet horizontally. This is a more than 10 percent slope. Staff's concern was that if you park there and try to back out, you will have a very bad sight line due to the corners, the ramp slope, and the transitions. Mr. Conahan agreed to the 10 degree condition. Motion Commissioner Titcomb moved to approve the parking lot variance, agenda item VI.D. , subject to staff comments. Commissioner Bradley seconded the motion, which carried 5-0. VIII. DEVELOPMENT PLANS J D. PROJECT: AGENT: APPLICANT: OWNER: LOCA TION: DESCRIPTION: Boynton Beach Mall, Department Store F Cormac C. Conahan, Esq., Hodgson, Russ, Andrews, Woods & Goodyear DeBartolo Properties Management, Inc. Boynton-JCP Associates, Inc. Ltd., a Florida limited partnership 801 North Congress Avenue MAJOR SITE PLAN MODIFICATION: Request to amend the previously approved site plan to construct a 162,502 square foot department store with parking structure Mr. Conahan represented the applicant. Also present was Rod Vosper of DeBartolo Properties. Mr. Conahan said the applicant is generally in agreement with the staff conditions. He worked with the City Forester this afternoon regarding some landscaping issues and has come up with language that addresses three conditions. The other two items that needed to be addressed tonight are the issue of the arch height and the issue of parking stops. The remaining conditions are acceptable. City Attorney Cherof asked him to identify the number of the conditions that are not agreed to. Mr. Conahan hoped that condition 17, paragraph 1 of condition 19, and condition 24 will be addressed by replacing them with the proposed language set forth in his letter which was distributed to the Commission. (This letter is attached to the original minutes on file in the City Clerk's Office.) The wheel stop issue is number 10, and the height issue is number 37. 25 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Regarding comment number 10 (the requirement for wheel stops), Ms. Heyden stated that in 1982, a parking lot variance was submitted to not require wheel stops in the mall. The comment was made by the Engineering Department that it is unclear whether or not this variance included future expansions. In further researching this issue with the City Clerk's Office, although the records are not totally complete, she felt there is convincing evidence to bridge this gap. There are references made to an original site plan that talks about Phase 1 and Phase 2, and this sixth department store was Phase 2. Therefore, she believes, although she does not have a site plan to prove this, that the intention was ~hat the variance cover Phase 1 and Phase 2 of the mall. Since wheel stops are not required anywhere else in the mall, Mayor Taylor did not think we should insist on having them here. The rest of the Commission agreed with him. Mr. Hukill stated that the variance was approved in 1982 and the code was written well after that. This particular parking lot is probably one of the most important parking lots in all of the city. Applicants regularly ask us to allow them to put;n parking lots without curbs or wheel stops. The wheel stops are put there to keep people from racing around in a parking lot. He suggested that if we do not want to enforce this rule in a 6,000 car parking lot, that rule should be taken out of the Land Development Regulations. It was the consensus of the Commission not to require wheel stops. City Attorney Cheraf advised that if it is the consensus of the Commission not t.o require wheel stops. then comment 10 would be rejected by the Commission in the approval form. Comment 37 deals with the building height. Ms. Heyden advised that we have a building height that was approved by referendum in 1982 which says that all structures in the city shall not exceed 45 feet. However, structures such as parapets, cooling tower screens and skylight peaks (basically mechanical appurtenances) can go beyond 45 feet if they are approved through a height exception process. She explained the applicant's proposal utilizing the elevation they submitted. She pointed out the entrance feature, which is a semi-circle. This semi-circle exceeds 45 feet by 9'6". Right now the way the plans have been submitted, the parapet wall does not screen anything. She said the applicant indicated that he plans to have mechanical rooftop equipment and that it would screen that mechanical rooftop equipment. In 1982, a very similar issue arose with regard to Macy's, and they were allowed to at least go through the height exception process. Therefore, staff recommends that this applicant 26 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 be allowed to go through the height exception process. Mr. Conahan advised that this recommendation is acceptable to the applicant. Regarding comments 7, 19 and 24, Mr. Conahan met with the City Forsster, Kevin Hallahan, after Ms. Heyden's memorandum was written. Mr. Hallahan indicated that he has seen Mr. Conahan's May 21, 1996 letter addressed to the City Commission and he had no objection to its contents. Ms. Heyden advised that this would take the place of comments 17,24, and a portion of 19. This letter, which is attached to the original minutes on file in the City Clerk's Office, states that condition 17, paragraph 1 of condition 19, and condition 24 will be replaced with the following condition: "As part of the Tree Management Plan the applicant shall confirm the quantity of presently living slash pine trees within the Pine Preserve Area to the satisfaction of the City Forester. All presently living slash pines that, in the judgment of the City Forester, cannot be reasonably saved in conjunction with the removal of the exotics from the Pine Preserve Area shall be replaced on a one-to-one basis with new 8 to 10 foot tall slash pines." The letter further states that if this change is made to the Site Plan Conditions, the applicant will accept the other conditions relating to the Pine Preserve Area. Commissioner Bradley asked for some background information on the preserve area, what the DRI demanded, and what ordinance was in place. Mr. Hallahan advised that from a historical prospective, the preserve area is unique to the city because originally the mall was presented to the city by way of the county, and the city basically did not oversee any of that preserve area until recently, at the request of some of the people who live in the adjoining neighborhood to remove the exotic vegetation from the area. This is how the whole process started with our Parks Division and Code Enforcement looking through the file to see what we would enforce. He said there is a development order that has gone back to the late 1970s that basically stipulates what can and cannot take place on the property known as the preserve. After a discussion today with the applicant's attorney, Mr. Hallahan would like for him to stipulate some of the historical background as to what brings it up to date. Mr. Hallahan stated that a management plan for the preserve area is missing. Currently, the only requirement that he is aware of on the development order is that the exotics be removed. That is only one of the steps we normally take in creating a management plan. So his position in agreeing to the items tonight would be the eventual 27 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 -:' creation of a management plan document that will go forward with the mall properties so that we will have some measurable way of identifying that they are taking care of the property. Mr. Conahan stated that the original development order for this property was adopted by the county because this property was in the county in 1974. In 1974 they had a condition in the development order that the pine area be preserved. That development order was adopted but there was no development of the project until 1982 when the main property was annexed into the city and the city adopted a development agreement. The development agreement was silent as to the pine area. Starting around 1985 and coming to some finality in 1989, the city adopted a development order that had the identical conditions as in the 1996 amended development order that the Commission adopted earlier this year. That specified that the exotics were to be removed from the preserve area and that a restrictive covenant be placed upon the preserve area to assure that it will remain as a pine preserve. The 1989 proposal was to cut the preserve area in half. The Regional Planning Council did not agree with that and took an appeal of that to the Florida Land and Water Adjudicatory Commission (hereinafter referred to as the "FLWAC"). When we were at that level, the app1k:ant agreed to preserve the entire pine area, and the 1991 amended development order was adopted as an agreed order before FLWAC. This is what we traveled under until this last amendment was adopted in February of this year. Commissioner Bradley said the order in 1991 was no different from the other orders in that it just specified exotic removal and preservation. In other words, you could not build anything else there. Mr. Conahan said that is correct. He added that one of the main issues that came up over the years was that there be a management plan and the applicant had resisted a management plan in 1987, 1988, 1989, and in 1991. In 1991, the Commission adopted, without a management plan. However, because of the concerns of the residents, and also because of Mr. Hallahan's concerns, we have agreed to the condition in the proposed conditions tonight to add a requirement for a management plan. We will work with Mr. Hallahan and put together a management plan that will work to preserve that area. The change in the language that we are proposing will give Mr. Hallahan the full discretion to tag and identify the trees that will be part of that management plan. Mayor Taylor asked when w:iJl we have the management plan. Mr. Conahan said the management plan has to be 'approved by the Forester before a building permit is issued. Mayor Taylor noticed that the ,previous management plan discussed removal of exotics and preservation of the area. He asked if the management plan will include maintenance of the preserved area. Mr. Conahan answered affirmatively. 28 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Mr. Hallahan stated that the removal of the exotics was predicated on occurring two years after a structure is built. He would like a management plan that suggests it be done sooner than that, and to include a proper maintenance plan for the preserve area, in perpetuity. Mr. Conahan stated that according to the present condition, the removal of the exotics will occur before the Certificate of Occupancy is issued, and the management plan has to be approved by Mr. Hallahan before the building permit is issued. Gary Lehnertz, 619 S.W. 2nd Avenue, commended the Planning and Development Board and the City Commission for requiring a management plan for this preserve area. He stated that we also need a plan to replace a lot of the native plants and trees. At one point, this was a very thick and viable slash pine area and the exotics have crowded out a lot of the native vegetation that was there. He would like the management plan to include replacement of a lot of those native species that are no longer there. Stella Rossi, 629 Whispering Pines Road, commended Mr. Hallahan and the developer for accepting the Forester's recommendations. Regarding comment 22 (the littoral. zone plantings), Environmental Resources Management of Palm Beach County (ERM) has found out that the donut concept (planting around the entire retention pond) has not worked out as well as they thought it would. She believes they are not going to recommend that a portion of that pond be planted with the proper aquatic plants. She pointed out that this would be a saving to the applicant. She said comment 26 (relocation of slash pines) has to be looked into very carefully. It is her understanding that you cannot relocate slash pine unless they are under a foot, otherwise they will not survive. With regard to comment 3D, she suggested adding "removal of vines". Vines have choked out a lot of the trees, including the Brazilian Pepper. With regard to comment 40, she realizes that there is an inconsistency with the parking at this point and it is not resolved yet. She would like to see as much parking as possible away from the preserve. Vice Mayor Jaskiewicz advised Mrs. Rossi that the slash pines will be replaced if they cannot be saved. A gentleman commended the Commission on the stand they have taken this evening. He also commended the developer for meeting the conditions and getting rid of the graffiti as promised. He stated that in 1991, the applicant agreed to maintain the entire preserve area. He pointed out that the preserve area gets diminished considerably by the number of parking spaces that the Commission said this project does not require by code. Mayor Taylor advised that none of the parking spaces are in the preserve area. The gentleman said if the canal is paved oyer and eliminated, he considers it an infringement on the current preserve area. 29 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 He said the State of Florida. in conjunction with Palm Beach County, recently spent $6 million to preserve a wetlands area on Jog Road. Some people seem to think it is a recharge area, but it is not. It was not there to hold well water to preserve a withdrawal for the public utility. The only influence that area was under was the level of the L-30 canal. so they did not have to use it as a water shed area. They used it as a wetlands area. or a natural preserve area. He referred to proposed Ordinance No. 096-30 on the agenda this evening regarding amending Chapter 7.5, Environmental Regulation, of the Land Development Regulations, providing for an open space preservation of natural resource sites, and stated that the developer clearly stated he was willing to preserve the entire preserve area as it is. He would like to see it maintained just as it is. Oveda Adams, 3562 Noreen Avenue, was concerned about covering over the canal to add additional parking. She said the minutes of the Lake Worth Drainage District meeting state that because of the new building being constructed, they need to supply more parking spaces per the City of Boynton Beach Code. She said there were 6,421 parking spaces, and the city only requires 6,144. Therefore, they do need to cover up the canal for additional parking. This would put the parking lot adjacent to the preserve, which has wildlife in it, and her neighborhood. If the canal was left there, it would add security to her neighborhood from vagrants. The 1991 Resolution says all Brazilian Pepper, Australian Pine, and Melaleuca on the site (including within the limits of the pine area) shall be removed within two years after the effective date of this resolution and prior to issuance of any Certificate of Occupancy for any building constructed pursuant to this amended development order. It also states that these species shall not be used in landscaping. Mayor Taylor pointed out that this was addressed earlier. He said they are going to do that before they get a Certificate of Occupancy. With regard to the parking issue, Ms. Heyden stated that the difference between the canal line preserve area and the preserve area line to the west was established in 1991 or 1992 as part of the last DRI amendment. The preservation area was established at that time. This is not a deviation from that. The canal will get culverted and covered over. Comment 49 refers to an agreement acceptable to staff, an agreement between the applicant and the Lake Worth Drainage District for use of the canal right-of-way that is being covered over for parking spaces. We have looked at two drafts of this agreement right now and as of today, we have agreed to the agreement with a couple of conditions. Both parties have agreed to what those amendments to the agreement should contain. Vice Mayor Jaskiewicz asked if there is a discrepancy with the number of parking spaces required. Ms. Heyden answered affirmatively. She explained that because the parking garage is not totally designed yet, and because there were changes to the striping of the 30 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 parking lot several years ago to meet the handicap requirements, staff counted the parking spaces. There is a discrepancy in the number of parking spaces staff came up with and the number of parking spaces the applicant came up with. Staff believes there are between 40 and 50 surplus parking spaces. One member of the Planning and Development Board commented that if surplus parking can be reduced to what is required by code in the area next to the preserve, then the applicant should attempt to do that. Mr. Conahan remarked that oftentimes these kinds of tenants will require a certain number of parking spaces that can be above and beyond what the code requires. If there are any surplus parking spaces (this will not be known until the parking garage designs are turned in with the permit), staff recommends that they not be provided. Mr. Conahan stated that the original proposal in 1988 included the removal of trees which the residents wanted to save. As a result, the applicant agreed to go through great expense to put the parking in the canal area and preserve the preserve area. He said the Lake Worth Drainage District does not allow any direct parking over their culvert area. Some curbing will come within feet of the preserve area, but actual parking will be backed off of that because of Lake Worth Drainage District requirements. The parking will only be up to what is presently the slope ot the canal right-ot-way. Rebecca Martin, 3527 Kitely Avenue, lives directly west of the preserve. She submitted a copy of the petition which she presented at the Planning and Development Board meeting last week. The petition was signed by some of the residents in her neighborhood, demanding that DeBartolo clear out all exotic growth from the preserve, replace the removed exotic growth with native plants, remove the garbage, place shielded lights in the parking lot, place a six toot high chain link fence around the entire preserve, put native plants on the west and east sXies of the fence, put native plantings on the west side of the wall, clean up the retention pond, build a pathway for the neighborhood to have walking access to the mall, and to maintain the preserve, the fence, the wall, the pathway, and the retention pond, so that they can have a nice area that buffers them from the mall. Ms. Martin teaches science at Boca Raton Community High School and said many of the children are native to Florida, yet very few of them know what a native slash pine is. Therefore, she telt it would be nice to have some trees around. Commissioner Titcomb asked at what point in this process will we know the actual number ot parking spaces and how tar they will encroach into the right-ot-way area. Ms. Heyden advised that the plans show the limits of where the parking will be constructed. That will not change. We will not know the number of parking spaces that have to be provided by code until the permit stage when the parking garage floor plans and engineer drawings are turned in. 31 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Motion Vice Mayor Jaskiewicz moved to approve the request to amend the previously approved site plan to construct a 162,502 square foot department store with parking structure. subject to all staff conditions. Commissioner Tillman seconded the motion. which carried 5-0. VII. PUBLIC AUDIENCE No one wished to speak under Public Audience. Mayor Taylor declared a recess at 9:15 p.m. The meeting resumed at 9:25 p.m. VIII. DEVELOPMENT PLANS Description: Woolbright Place PUD TABLED Brett Nein - CCl Consultants, Inc. Howard Scharlin, Trustee Approximately 1,000 feet north of the intersection of Woolbright Road and SW 8th Street MASTER PLAN MODIFICATION - Request to amend the previously approved master plan to change the dwelling units within Pod 1 from 90 multi-family dwelling units to 85 single- family, detached dwelling units; reduce the north PUD buffer from 25 feet to 10 feet and reduce the perimeter building setbacks along SW 8th Street and the north PUD buffer from 40 feet and 60 feet to 20 feet and 25 feet, respectively, add private recreation and establish recreation setbacks A. Project: Agent: Owner: location: Anna Cottrell, a planner with the firm of Basehart and Cottrell Inc., 1532 Old Okeechobee Road, West Palm Beach, stated that two weeks ago she promised to return to the Commission after working with city staff to resolve the outstanding issues related to the 62 recommended conditions on this application. In the last two weeks, we have worked diligently with city staff. She also met with County Engineering on the traffic issues. and Florida Power and Light. She thinks we have come to agreement on the vast majority of these conditions. There are only a few we need to discuss, namely 4, 10, 13, 30, 34, 44, 58, and 61. She thinks there are 9 conditions that can be deleted if we come to an agreement on these conditions because they will become irrelevant or moot. 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 D. Project: Agent: Applicant: Location: Boynton Beach Mall DeBartolo Corporation Thomas Marsicano Approximately 900 feet west of the intersection of Congress A venue and Old Boynton Road DRI Amendment - Amend development order to change traffic conditions and buildout date Description: Mac Conahan. an attorney in Boca Raton, represented tbe applicant. He stated that in 1991 an amended development order was approved. Under the terms of that development order, the buildout was anticipated to be 1993. The sixth store that we proposed to add was to be a Sears store. The economic problems that we were confronted with in the early 90's resulted in Jordan Marsh leaving their store and instead of Sears going into the new sixth store, Sears went into the Jordan Marsh store. We are now negotiating with and hope to bring another department store to the City of Boynton Beach. He asked for an extension oftime from the 1993 date to the 1997 date. The amended development order only makes that change and four changes to traffic improvements, a couple of which are no longer needed, and a couple of which are the result of Gateway Boulevard opening. That resulted in a couple of necessary turning movements. He believed that those traffic changes are in full accord from the top to the bottom. DOT, the region. and the City have looked at those changes and have no objections. We are also leaving all other conditions in the manner that they were in 1991. The 1991 amendment itself resulted in significant concessions to the community concerns. No one in the audience wished to address this issue. Ms. Heyden clarified that all the conditions in the 1991 development order are remaining the same, with the exception of the following: To extend the buildout date and modify some traffic conditions, some of which have already been implemented. State law says that it is in the Commission's purview to make a determination of whether or not this constitutes substantial deviation. Staff recommended that the Commission make a finding that it is not a substantial deviation. and approve Proposed Resolution R96-26. Motion Mayor Pro Tern Matson moved to amend the DR! development order to change traffic conditions and buildout date for the DeBartolo Corporation. approximately 900 feet west of the intersection of Congress Avenue and Old Boynton Road, with the mitigation conditions listed in Resolution R96-26. She further moved to approve Resolution R96-26 and to find that the requested changes 35 MINUTES CITY COMMISSION MEETING -' BOYNTON BEACH, FLORIDA FEBRUARY 20. 1996 x. LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 096-02 Re: Amend Nuisance Abatement Ordinance This item was dispensed with earlier in the meeting. B. Ordinances - 1st Reading I. Proposed Ordinance No. 096-04 Re: Adopt amendments to the General Employees Pension Fund This item was dispensed with earlier in the meeting. 2. Proposed Ordinance No. 096-05 Re: Adopt amendments to the Police Pension Fund This item was dispensed with earlier in the meeting. c. Resolutions I. Proposed Resolution No. R96-26 Re: Change to development order for the Boynton Beach Mall DR! This resolution was approved in conjunction with Item VI.D. D. Other None. 9:30 p.m. Executive Session as provided by F.S. 286.011 to discuss the following lawsuit: Proposed Settlement for The 300 Properties Association vs. City of Boynton Beach At this time, City Attorney Cherof advised that this is an executive session under 286.011 Florida Statutes, where the Commission recesses to discuss out of the sunshine litigation that is pending against the City. The plaintiff in this lawsuit is 300 Properties Association. It involves the 40 -t1 te.. (1'\ I:j rJ ~(&( (( Dr<' A q 5- -00 I RESOLUTION R96-~6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING A PRIOR BOYNTON BEACH MALL DRI DEVELOPMENT ORDER, ADOPTED ON NOVEMBER 16, 1992, AND FURTHER AMENDED ON DECEMBER 19, 1989 AND MARCH 5, 1991, MAKING FINDINGS AND CONCLUSIONS OF LAW PERTAINING TO THE BOYNTON BEACH MALL, A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A DEVELOPMENT ORDER BY THE CITY OF BOYNTON BEACH IN COMPLIANCE WITH LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has had a Development Order (the "Original Development Order") approved by the Board of County Commissioners of Palm Beach County ("Resolution No. R-74-343) on May 7, 1974 which was adopted by the City on November 16, 1982; which permitted 1,108,000 square feet of gross leasable area; and WHEREAS, the Development Order was amended on December 19, 1989 and further amended on March 5, 1991 permitting 1,244,449 square feet of gross leasable area; and WHEREAS, Applicant has filed a Notice of Proposed Change to a previously approved Development of Regional Impact ("Notice of Proposed Change") with the City of Boynton Beach, Florida, in accordance with Section 380.06, Florida Statutes; and WHEREAS, Applicant proposes to construct a total of 1,244,449 square feet of commercial retail gross leasable space on the real property whose legal description is set forth ln Exhibit "A" and located in the City of Boynton Beach, Florida; and WHEREAS, the City Commission as the governing body of the City of Boynton Beach having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Notices of Proposed Change to the current Development Order for Developments of Regional Impact and the City Commission has determined that the proposed change does not constitute a substantial deviation under Chapter 380, Florida Statutes; and WHEREAS, the City Commission on the 20th day of February, 1996, held a duly noticed public hearing on the Notice of Proposed Change and has heard and considered the testimony taken thereat; and WHEREAS, the Applicant shall submit a Site Plan which shall comply with all ordinances and requirements of the City; and WHEREAS, the City Commission has received and considered the recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, the City Commission has made the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The proposed Development 1S not in an Area of Critical State Concern designated pursuant to the provisions of Section 380.06, Florida Statutes; 2. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located; 3. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06 (12) , Florida Statutes; 4. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regulations of the City. 5. The Notice of Proposed Change does not constitute a substantial deviation from the previously approved Development Order. 6. City. The premises are correct and hereby accepted by the CONCLUSIONS OF LAW NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1., That in a public meeting, duly constituted and assembled this 20th day of February, 1996, that the Development of Regional Impact Application for Amended Development Approval approved March 5, 1991 is hereby modified, by replacing the conditions, restrictions and limitations under the headings "CONCLUSIONS OF LAW" and "CONDITIONS OF DEVELOPMENT ORDER AS AMENDED" set forth in Resolution R9l-37 with the following conditions, restrictions and limitations: A~~lication for Develo~ment A~~roval 1. The Notice of Proposed Change by Boynton-JCP Associates, Ltd. 1S incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida 'Statutes. The Applicant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. Substantial compliance with the representations contained in the Notice of Proposed Change as modified by the terms and conditions herein is a condition of approval. For purposes of this condition, the Development Order shall include those :i matters submitted in the Notice of Proposed Change to a previously approved Development of Regional Impact dated September 13, 1995 and revised December 1995. Commencement and Pro9ress of Develo~ment 2. Failure to initiate construction and physical development within two years from the effective date of this Resolution or failure to maintain reasonable progress toward completion of the development after having initiated construction in a timely manner, may constitute a substantial deviation and the development shall be submitted to further review pursuant to Section 380.06, Florida Statutes. Construction shall be deemed to have been initiated and physical development commenced after placement of permanent evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. I! Termination Date " I 3. This Development Order shall terminate on December 31, 2010 unless extended by the City Commission. Nothing herein shall limit or extinguish any vested rights of the Applicant, its successors or assigns regarding the existing square footage of gross leasable area of the existing Boynton Beach Mall. CONDITIONS OF DEVELOPMENT ORDER AS AMENDED 1. Except as specifically amended herein, all conditions specified ln the Original Development Order (Resolution No. R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. 2. Prior to issuance of a Building Permit for construction of additional square footage pursuant to this Amended Development Order, the Applicant shall cause the preservation as a native habitat preserve in perpetuity of that area described as "Limits of Pine Area" shown on Exhibit I i "1" ln the northwest quadrant of the site by recording ,j I appropriate Restrictive Covenants which, prior to recording, !! shall be approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. 3. Prior to commencing construction activity within the parcel containing the area to be preserved, (described by "Limits of Pine Area" shown on Exhibit "1"), the preserve area shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. 4. All Brazilian pepper, Australian pine, and Melaleuca on the site (including within the Limits of the pine Area) shall be removed within two years after the effective date of this Resolution and prior to issuance of a certificate of occupancy for any building constructed pursuant to this Amended Development Order. These species shall not be used in landscaping. 5. A landscaped buffer along the west boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached as Exhibit "1". 6. A. The use of grassy swales to pretreat runoff before conveying any runoff to the detention ponds shall be utilized in the new parking lot additions, (and the parking lots shall be swept weekly) as shown on the Site Plan (Exhibit "2" ) . B. Littoral zone planting shall be established around the existing detention ponds utilizing nattve woody species. Prior to construction and planting of the littoral zones, the Applicant shall prepare a design and management plan for the littoral zone to be reviewed and approved by the Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach and the South Florida Water Management District. The Plan shall (1) include a Plan view and site location; (2) include a typical cross section of the detention pond; (3) specify how vegetation ~s to be established within the littoral zones; and (4) provide a description of any monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. No Certificate of Occupancy shall be issued for any additional square footage constructed pursuant to this Development Order until the Plan is determined to be consistent with the Regional Plan. Wherever possible a minimum of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established so that a least sixty percent of the shoreline has a vegetated littoral zone. Alternate design may be necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zone shall be in place prior to the issuance of a Certificate of Occupancy for any additional square footage to be constructed under this Development Order. 7. Under no circumstances shall post-development runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25-year return frequency. 8. No building permit shall be issued for construction of any additional square footage under this Amended Development Order, until the developer shall prepare a hazardous materials management plan for the expansion and the plans have been approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. The plan shall: A. Require disclosure by tenant of all hazardous materials proposed to be stored, used, or generated on the premises; B. Provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials; C. Provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; D. Detail actions and procedures to be followed In case of an accidental spill; E. Guarantee financial responsibility for pill clean-up; and F. Require the inspection of premlses storing, uSlng, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provisions of the plan are being implemented. 9. No building permits for gross leasable space in excess of 1,108,000 square feet within the Boynton Beach Mall shall be issued until all right-of-way wi thin the proj ect boundaries have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. No further dedications are necessary to implement the Proposed Change. 10. No building permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until contracts have been let for the following roadway improvements: A. Construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane divided roadway. No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until the improvements under A above have been completed. With respect to the construction of the roadway improvements, if the Treasure Coast Regional Planning Council (hereinafter the "Council") makes a change in its adopted Regional Comprehensive Policy Plan (hereinafter the "Plan") which does the following: (i) modifies its Level of Service standard for the Regional Roadway network; or (ii) modifies the methodology utilized to calculate the adopted Level of Service; or (iii) modifies the method of calculating background traffic, such that if this proposed change were being reviewed under said modified policies none of the above roadway improvements would be required to maintain the Regional Roadway Network at the then applicable Council Level of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. 11. No Building Permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until contracts have been let to construct to the following intersection configurations, including signalizations modifications as warranted by City, County or State criteria: A. Hypoluxo Road/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane two through lanes two through lanes one left-turn lane one left-turn lane Eastbound Westbound one right-turn lane one-right turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes B. Northwest 22nd Avenue/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane two through lanes one through lane one left-turn lane one left-turn lane Eastbound Westbound one right-turn lane one right-turn lane one through lane two through lanes one left-turn lane one left-turn lane C. Old Boynton West Road/Congress Avenue Northbound Southbound one right/through lane one right / through lane two through lanes two through lane one left-turn lane one left-turn lane Eastbound Westbound one right/through lane one right / through lane one through lane one through lane one left-turn lane one left-turn lane D. New Boynton Beach Boulevard/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane three through lanes three through lanes two left-turn lanes two left-turn lanes Eastbound Westbound one right-turn lane one right-turn lane three through lanes three through lanes two left-turn lanes two left-turn lanes E. New Boynton Beach Boulevard/I-95 West Northbound Southbound Not Applicable one right-turn lane two left-turn lanes Eastbound Westbound one-right turn lane two through lanes three through lanes one left-turn lane F. New Boynton Beach Boulevard/I-95 East Northbound Southbound one right-turn lane Not Applicable two left-turn lanes Eastbound Westbound two through lanes one right-turn lane one left-turn lane three through lanes All configurations shall be constructed and permitted In accordance with City, County and State criteria. No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until the improvements under A through F have been completed. With respect to the construction of the intersection improvements, (including signalization modifications) if the Treasure Coast Regional Planning Council (hereinafter the "Council") makes a change In its adopted Regional Comprehensive Policy Plan (hereinafter the "PlaE") which does the following: (i) modifies its Level of Ser?ice standard for the Regional Roadway network; or (ii) modifies the methodology utilized to calculate the adopted Level of Service; or (iii) modifies the method of calculating background traffic, such that if this Proposed Change were being reviewed under said modified policies none of the above intersection improvements (including signalization modi f ications) would be required to maintain the Regional Roadway Network at the then applicable Council Level of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. 12. Prior to, or upon issuance of a building permit for the additional square footage, the Applicant shall pay a fair share contribution consistent with the Fair Share Impact Fee Ordinance applicable to the Boynton Beach Mall Proposed Change. 13. No additional building permits shall be issued two years after the effective date of this Resolution unless a traffic study has been conducted by the developer, and submitted to and approved by Palm Beach County, the City of Boynton Beach and the Treasure Coast Regional Planning Council that demonstrates that the regional road network can accommodate a specified amount of additional Boynton Beach Mall generated traffic and growth in background traffic beyond two years after the effective date of this Resolution and still be maintained at Level of Service C during annual average daily traffic and Level of Service D during the peak season, peak hour conditions. The traffic study shall: A. Be conducted in the peak season (January-March); and B. Identify the improvements and timing of those improvements necessary to provide Level of Service C under annual average daily traffic conditions and Level of Service D under peak hour I peak season conditions for the subj ect transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (necessary to maintain Level of Service C annual average daily and Level of Service D peak season, peak hour operating conditions) has been approved by Palm Beach County, the City of Boynton Beach, and the Treasure Coast Regional Planning Council for the remainder of the development. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination by the City Commission of the City of Boynton Beach as to whether the change constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The City Commission of the City of Boynton Beach shall make its determination of substantial deviation at a public hearing after notice to the Applicant. 2. The City of Boynton Beach shall monitor the development of the proj ect to ensure compliance with this Development Order. The City of Boynton Beach Planning Director shall be the local official assigned the responsibility' for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the Applicant with regaYd to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted on the anniversary date of the adoption of the Development Order and shall include the following: A. Any changes in the plan of development, or in the representations contained In the Application for Development Approval, or in the phasing for the reporting year and for the next year; B. A summary comparison of development activity proposed and actually conducted for the year; C. Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer; D. Identification and intended use of the lands purchased, leased or optioned by the Applicant adjacent to the original site since the Development Order was issued; E. An assessment of the Applicant I s and local Government's compliance with the conditions of approval contained in this Development Order and the comrni tments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the development undertaken; F. Any request for substantial deviation determination that was filed in the reporting year or is anticipated to be filed during the next year; G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; H. A list of significant local, State, and federal permits which have been obtained or which are pending oy agency, type of permit, permit number, and purpose of each; I. The annual report shall be transmitted to tne City of Boynton Beach, the Treasure Coast Regional Planning Council, the Florida Department of Community Affairs, the Florida Department of Environmental Protection, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the Developer pursuant to Subsection 380.06{IS), Florida Statutes; and K. Any other information required by the Cicy Commission of the City of Boynton Beach or the Planning Director to be included in the annual report. 4. The definitions found In Chapter 380, Florida Statutes shall apply to this Development Order. 5. The City of Boynton Beach hereby agrees that before December 31, 2010 the Boynton Beach Shopping Mall Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the C~ty demonstrates that substantial changes in the conditions underlying the approval of the Development Order ~ave occurred, or that the Development Order was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by the City of Boynton Beach to be essential to the public health, safety, or welfare. 6. This Development Order shall be binding upon the Applicant and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the Developer to comply with all other applicable local, State, and federal permitting requirements. 8. In the event that any portion or section of this Development Order 1S deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, s~ch decision shall in no manner affect the remaining portio~s or sections of this Development Order, which shall remain in full force and effect. 9. This Development Order shall become effective immediately upon adoption. 10. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Applicant. PASSED AND ADOPTED in a public hearing held on this the .A.o day of heR.LiAR..., , 1996. - {>A- ~- Vice Mayor Commissioner Attest: ~09c~~~-, C.i! Y Clerk BBMallAm.Oev/Order 2/15/96 EXHIBIT "A" BOYNTON DEACrr HALL 116.364 ACRES A traat of ~and located' In aoot.lon 19, Townshlp .5 South, Range 43 Ea. t, County of Pal,. Oeach, 1'101" Ida and luethe1" described AD fol10~DI DeginhLng at. the Southeast cornel" ot sectlon 19, T45 S, R4Je, thence H 00. 59' ]9" Ii along the Ea8t 11ne of s'aid'Seation 1!J, A distAnce' at 1098.10 teet to .. polnt, thence sag. ,00' 21" H, a distance at 60.00 toet to a point: on the w..toc-ly r Ight-of-wny line of Congrels ^venue, SAid po Int Also be Ing the principal poInt And place ot begInnIng ot the following dcscriptibnl " Thence S 8B- 05' 26" H, A dletanae at 846.73 teet to a polnt, thanaa B 43- 32' S4N H, A dIetanee at 57.02 teet to a paint, the n c a 9 00. 5 !JI 3 9" E , A d L. tan ceo f 25 8 . 2 7 . tea t "t 0 a po 1 nt, thence s 16.46' 44.2" E, a dlstance of 199.60 teet to a poInt, thence S 00. 59' 39. E, A dIstance .of 102.20 loet to A point, thence S 44. 46' ]4" E, A distance of 14.45 teet to & poInt on the northerly right-ot-way 11ne ot Doynton We.t Road (formerly old Doynton Road), thenca " 89. 46' ]4" H, along !lAid jlortherly lIne, a distAnce of 1684.25 teet to a paint" thence H 00. 51' 51" H, a distance ot 1220.05 t.ot to' A poInt, thence H 87. 58' 21" S, a dlstance of 52.34 feat to a point, thonao 227.17 teet along ~ curve to the lelt, having a radIus of 145.00 teet And a chord ot. 205.06 teet, bearing II 42- 58' 21" E, to ~ point, thence H 2. 01' J9" H, a ,dl.tanao ot 2] .67 teet to A point, thence 1]4.54 teet 410n9 a cueva to the eight, having A radius of 240.00 foet And a cho~d ot 132.78 feet, bearing" 1(.01' 53.5" E to A point, thence 234.57 toet along A curve to tho left, 'having a radius at ]20.00 feet and .A chord ot 229.36 teet, bearing If ,. OS' 2'" E to a po 1 n t) the n c a >> 11. .5 4 ' J 4 It W, a d La tan c. 0 t 10. 00 teet to a point, th~nca 294.96 teet, along a, cueva to the rIght, having, A radius at 325.00 teet And A chord of 284.94 taet, beArIng H 14-. OS" 26" E to a poLnt, thence 293.22 te.t Along A curve to the left, having a rAdlu!l'ot 420.00 teet And A chord at 281.30 feet, beAring If 20. OS' 26- E to A point, thence If 00. OS' 2'" E, a di.tanae of 145.00 teet to a poInt, 'thence If 88. OS' 26" E, 4 distance at 1138.97 taet to a poInt, thanaa S 00. 59' 39. S, A distance at 472.81 f..t to A point, thenae H 00. OS' ~'.E, a distance of 328.87 t.et to a point an the Westerly I1ne of Congress Avenue, th'.nao 8 00. 59' J9"E, along SAid Westerly l1na, a distanca of 1]0.01 teet .to.... pOInt ,..thence If 4'. 27" 0.6 II 'H-, A .dl1 tanco of 54.11 tae t to a point, thence S 88. 05' 2'. H, a distance ot 410.00 laet to A point, thetice S 00. 5" 1'" E, A dlstanae at '09." ,t.ot to A poInt, thence H 80- OS' 2'" E, A di.tance at 430.00 taot to. A point, thonao tI 43. 32' 5." .2, a dlstanaa of 51.02 t..t to A point on tho Hosterly line ot Congrels Avenue, thence B OO~ 59' 39. E,.alang BAld Hesto1"ly lino, a dletanae ot 110,01 feat to A poLnt, thence>> 4'. 27' 0'. H, a dlstanae ot 5'~11 foet to a poInt., 'thenae 8 88. OS' :U- w, a dlat.Jfljao ot '08.00 feet to A point., thonco S 00. 5t' 39" E, a dietanae ot 230.00 foat to A point, thonce H 88. OS' 26" E, a dietAnao at 3CO.00 teet to a point, thence s 00. 59' 39. E, A distanae of 150.00 teet to A poInt, thence 8 88. OS' 2'. W, a distanoo ot 340.00 feat to a point, thance BOO- 5" 19~ E, a dietanao of 22'.99 taet to a point, thonce H 80..05' 26- E, a di.t.ance ot 608.00 toet. to a point. thence tI 43. 3~'. 54. E, a dl.tanae at 51.0'2 teet. to A polnt an the Wo.t.C'ly, 1.1no at Conge... Avenue, thoRpe S 00 59' 39~ B, along ..ld HoetoC'ly l1ne, . diet.noa o( 130.01 teet to tho prLnolpal point and plAOO of beginning And containing 107.15 Aores at land, more or le... AND . A parcel ot llnd lyin, In S.atlOft i.. Town,hlp ~5 Sout~....n,. .~. Cut, hi. Buch County, florida. bdnq lIore partlcularlV d.acrlb.4 AI 10110~I' . . . COl\aenc. .t the c.nter- 0(" Slctlon U, thene. " O' U,f Sl W. don9' the Jlor-th .south l/t Sectton Un. ot .aiet StcaUon. & dhUna. at ~s.oo Cut, th.ne. " 11' SII' 21' t, a ,dhtanc. at 20.00 Cut. to the principal point and, plac. oC b.q1nn"nq oC the (ollowl09 descr'pt'onl Thence conUnuln9 a, Il' 58' 21- e a dhtlne. o( 20.01 c..I: ~o a poInt, thence H O' 51' SlN W, alon9 a 11ne 40.00 C..t E..t 01 Ind parall.l with uid tlorth South 1/" hation Uoe, A dhtancI ot \191.1J l.,t to I po'nt on the South rt9ht-oC-wIY line oC Boynton CAnal, th.ne. H 88* OS' 2611 E, &1on9 ..id South rfqht-ol-wl'" lJne. a di.tance DC 411.99 l..t to . point, thence 5 O. 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EXHIBIT "0" Conditions of Approval Project name: Boynton Beach Mall - Department Store F File number: MSPM 96-001 Reference:The ~lans consist of 21 sheets plus a 10 page landscape report identified as 2nd Review, Major Site Plan Modification, File # MSPM 96-001 with a March 20, 1996 Planning and Zoning Department date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: NONE UTILITIES Comments: l. Utilities requests a meeting with x applicant and or the design Engineer to discuss utility relocations and permit applications to HRS. 2. The existing water system, on the mall x property, is owned and maintained by the City of Boynton Beach. Please remove or revise your note #3 on your sheet #M-3. FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: 3. Typical parking detail shows 27' x backup space, but reference is also made to 25' width which must be removed. 41. The ends of islands must extend out to x ends of staffs. 5 . Fire lane locations are acceptable, x but must have minimum 22 foot pavement width. 6. Need SFWMD & LWDD acceptance prior to x Engineering approval. Chap.6,Art.IV,Sec.5A,pg.6-7 7. All landscaped areas shall be provided x with an automatic water supply system. Chap.7.5,Art.II,Sec.5B,pg.7.5-14 8. The parking area interior landscaping x shall be located in such a manner as to divide and break up the expanse of paving. Chap.7.5,Art.II,Sec.5G,pg.7.5- 17 9. Provide stop signs and stop bars in x accordance with the "Manual on Uniform Traffic control Devices". \ Chap.23,Art.IIB2,pq.23-7 Page 2 Major Site Plan Modification Boynton Beach Mall - Department Store "F" MSPM 96-001 I DEPARTMENTS I 'I NCLUDE I REJECT J 10. No more than two access aisles may be x traversed without interruption which shall be accomplished by the placement of wheel stops or the installation of a raised, continuous curb. Chap.23,Art.IIE,pg.23-7 II. The parking garage may require a x s~curity system. Chap.23,Art.IIJ,pg.23-9 12. It is recommended that "heavy duty" x pavement within the driving aisles of the parking lot. 13. It is recommended that a supplemental x plate be attached below the handicap post sign indicating the $250 fine as a deterrent. 14. It is recommended that fire lane x pavement messages be alternated every 50 , with related post mounted signs , along building perimeter. Face post mounted signs in direction of oncoming traffic. BUILDING DIVISION Comments: 15. Until such time as architectural plans x are presented and an up-to-date survey is received, technical questions with regards to ingress and egress and easement encroachment cannot be determined. Plans must show that placement of the anchor store and ~ multi-story garage does not encroach upon easements, etc. 16. The size of the plans needs to be x reduced to comply with the department's record keeping and microfilm program. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 17. There will be mitigation required for x slash pine trees which have died due to the lack of maintenance in the preserve area. A meeting with the owner's representative on the preserve site to compare the quantity of existing, healthy slash pine trees with the original tree survey quantity is needed. ( Subj ect to corrunent clarification 5/21/96 letter from Carman C. Conahan) Page 3 Major Site Plan Modification Boynton Beach Mall - Department store "F" MSPM 96-001 I DEPARTMENTS 'I INCLUDE I REJECT I 18. A Tree Management Plan must be x submitted for the preserve area comprising 5.283 acres. This document will address the removal of exotics from the preserve acreage on a regular time schedule. 19. Slash pine trees may have been killed x by the lack of preserve area maintenance required by the DRI since November 16, 1982 and December 19, 19989. These dead trees will have to be replaced with equal tree value as part of the Tree Management Plan. Selection of plant materials (plant list) is as follows: Queen palm (AR) is not native species nor wildlife benefit, therefore, recommend native palm trees. Black Olive (BB) is not a native species nor a wildlife benefit, therefore, recommend live oak or sand live oak. Laurel Oak (QL) is not proper for this soil type, therefore, recommend live oak or sand live oak. pongam (PP) is not a native species and is listed as a nuisance tree (Palm Beach County Ord.), therefore recommend either live oak or sand live oak, dahoon holly, red bay. Yellow Tabebuia (TA) is not a native species, therefore recommend either yellow elder geiger tree, or sweet acacia. Viburnum suspensum (VS) is not a native species, therefore recommend either Walter's viburnum, wax myrthle or Florida Privet, Firebush, Saw Palmetto (See Comment to No. 17) 20. It is recommended that a wax myrthle x hedge be installed along the entire west side of the perimeter block wall along Javert Street. 21. Plant trees/shrubs in accordance with x Treasure Coast Regional Planning Council letter of February 6, 1996 from Peter G. Merritt, Regional ECOlogist (for preserve area). 22. The littoral zone plantings for (4) x lakes (A,B,C,D) submitted for the April 3, 1996 date shall be the plans submitted to the City Building Department for permits. The TCRPC may make comments on these plans which should be included in the permit review process. w""'- .J...u.......\...4~'-u..l:-"~ J::-'......u..l.&. .LV..I.. ....."........ l:""....t..~"--"....... area. Tr event"al tree count for t' preserve QLea s. ~ld be equal to or more than this quantity of existing (des irable) trees. (See Commen t to No. 17) 25. Sheet # 6 of 17, the page should x indicate clearly that the entire tree' preserve area perimeter will contain a permanent chain link fence. The page is not clear as to when the temporary fence will be replaced with the permanent fence. The adjacent residential neighborhood is concerned about people walking through the preserve. The Tree Management Plan should keep all debris and dumping out of the preserve area. 26. Sheet # 8 of 17, the existing x ornamental trees shown for relocation around the retention ponds should be coordinated with the littoral zone planting plans for the ponds. I The 235 trees shown to be relocated per plan should indicate the specific relocation sites. The existing Slash Pine trees shown for relocation are the only species to be placed inside the preserve area. Any tree trimming specified should meet the National Arborist Society guidelines for "thinning" the crown or "lifting" the lower limbs of the trees (removal and relocation notes #5, #6, #7) . 27. Sheet # 9 of 17, see previous comments x about "plant list" selection of materials (comment # 19). All disturbed areas within the preserve area should not be reseeded, unless the grass seed is a native species to Slash Pine community. PLANNING AND ZONING Comments: Page 4 Major Site Plan Modification Boynton Beach Mall - Department Store "F" MSPM 96-001 I DEPARTMENTS r INCLUDE I REJECT I 23. Sheet # 1 of 17, the lighting standard x shown should be installed adjacent to the preserve area in a manner not to interfere with the flora/fauna. The adjacent residential community has expressed a concern about being shielded from the glare of the proposed lighting structures. 24. Sheet # 5 of 17, the total quantities x of existing trees on the tree survey ~'h~"',4 'h~ .:_....:I.:_,.....,........J ~~ ....'h~- --~-_.&- ~ .- Page 5 Major Site Plan Modification Boynton Beach Mall - Department Store "F" MSPM 96-001 I DEPARTMENTS 28. 29. 30. 31. Prior to issuance of a Building Permit, the applicant shall cause the preservation as a native habitat preserve in perpetuity of the pine area in the northwest quadrant of the site by recording appropriate Restrictive Covenants which, prior to recording, shall be approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. (Per Resolution R96-26) Prior to commencing construction activity within the parcel containing the area to be preserved, the preserve area shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. (Per Resolution R96-26). All Brazilian pepper, Australian pine, and Melaleuca on the site (including within the limits of the pine area) shall be removed prior to issuance of a certificate of occupancy for any new square footage. These species shall not be used in landscaping. (Per Resolution"R96-26). A landscaped buffer along the west boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached to the Resolution 96-26 and identified as Exhibit "I" to the resolution. 32. Utilizing native woody species prior to construction and planting of littoral zones around the existing detention ponds, the applicant shall prepare a management plan for the littoral zone to be reviewed and approved by the Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach and the South Florida Water Management District. The Plan shall include a description of the monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. No Certificate of Occupancy shall be issued for any additional square footage constructed until the Plan is determined to be consistent with the Regional Plan. The littoral zone shall be in place prior to the issuance of a Certificate of Occupancy for any additional square footage to be constructed. (Per Resolution R96-26). I INCLUDE I REJECT I x x x x x Page 6 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 I DEPARTMENTS I INCLUDE I REJECT I 33. Drainage plans to be submitted shall x be designed so that under no circumstances shall post development runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25-year fr~quency. (Per Resolution R96-26). 34. No building permits for gross leasable x space in excess of 1,108,000 square feet within the Boynton Beach Mall shall be issued until all right-of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. (Per Resolution R96- 26) . 35. Prior to, or upon issuance of a x building permit for the additional square footage, the applicant shall pay a fair share contribution consistent with the Fair Share Impact Fee Ordinance applicable to the Boynton Beach Mall proposed change. (Per Resolution R96-26). Page 7 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 I DEPARTMENTS 36. Upon a site visit to the property to x compare the count and location of the regular and handicapped parking spaces to the location shown on sheets SP-l, SP-4, 1 and I-A of the submitted plans it was determined that changes have been made to the parking layout which results in the total number of provided spaces being less than what is specified on the parking data. The above-listed plan view drawings will be required to be updated to show and identify the accurate number of regular and handicapped parking spaces provided at the site to enable staff to determine whether the provided number of spaces meets the minimum requirements. An accurate count and listing of the existing and proposed new parking space layout is required to determine whether the appropriate number of handicapped parking spaces are being provided at the site. Modify the plans and parking data to show the correct total number of provided spaces. Provide a separate listing identifying the number of required and provided handicapped spaces. Also show on sheet SP-l the location of no less than the minimum number of handicapped parking spaces as required by code. The total number of required parking spaces is incorrectly identified on sheet SP-I. Correct the count and data by dividing I the total gross leasable floor area by two hundred (200). Also, correct the inconsistency between the total number of parking spaces that will be provided in the two (2) levels above grade of the parking structure. The number of spaces identified in the parking data on sheet SP-I is 640 and the detail drawing found on the same sheet indicates 680 spaces. The number of parking spaces provided shall be no less than the total number of parking spaces required. Approval of a variance to the zoning code to reduce the number of required spaces will be required if the number of spaces provided is not consistent with city regulations. 37. Modify the building elevations found x on sheet titled "Design Elevations" to show a maximum building height not exceeding the city's forty-five (45) feet height limitation. [Chapter 2 - Zoning, Section 6.C.3]. (Subject to release of exception obtained) 38. On sheet SP-I, show and label the work x limit line. I INCLUDE I REJECT I . Page 8 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 I DEPARTMENTS I INCLUDE I REJECT I 39. On sheet SP-l modify the site data to x include the following information: Separately delineate the total square feet area of the preservation site. This area shall match the area that is identified on the city zoning map as REC as well as the area identified on the corrected survey prepared by O'Brien, Sutter & O'Brien, Inc. 40. Correct the inconsistency between the x configuration of the parking structure drawing found on sheet SP-l and the parking structure shown on the sheet titled "Design Elevations". Adjust the site data and total number of parking spaces provided accordingly. 41. Submit drawings that show the layout x and dimensions of the columns, stairs, walls, elevators (where applicable) and pedestrian access for each of the two above grade levels of the parking structure as well as the parking layout at grade level. Modify the provided parking calculations accordingly. 42. Submit elevation view drawings of the x north, south and east sides of the parking structure including identifying the dimension of the overall height of the structure. Also I identify all exterior materials and their color by name, color designation and manufacturer. 43. Show on the elevation view drawings x the location and elevation of the highest point of the roof top mounted equipment. All roof top equipment shall not be visible from a distance of six hundred feet. Show the required screening and identify the material and color by name, color designation and manufacturer. Screening shall not exceed forty-five (45) feet. 44. Submit for review conceptual floor x plan drawings of Department Store F. Identify the principal use and ancillary uses on the floor olan. Page 9 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 I DEPARTMENTS 47. 48. 49. 50. 51. 45. On the sheet titled, Tree Locations x Boynton Beach Mall - Preserve, prepared by O'Brien, Sutter & O'Brien, Inc., identify the legal description of the land area and the total acres. The total acreage/area shall not be b~low the area of the land identified and zoned REC (Recreation). Where applicable, modify the proposed vehicle use area and adjacent landscape strip to not encroach into the preserve. 46. On the sheet titled Planting Plan (L- x 2), change the spacing of the coco plum hedge from three (3) feet to two (2) feet, center to center. Also place a note on the plan indicating that the spacing of landscape material identified on the landscape plan . supersedes the quantities listed. On the sheet titled, Construction Sequencing Plan, indicate the preserve area plantings and maintenance completion times required by resolution-R96-26. Also add this note to the pine preserve notes found on the sheet titled Landscape Demolition/ Relocation/Protection Plan. On the symbol legend found on sheet titled Site Plan & Details, change the height of the chain-link fence from four (4) feet to six (6) feet to match the detail drawing on the same sheet. Also indicate that the six (6) foot high fence is permanent. Submit a city approved and executed agreement between the subject property owner and the Lake Worth Drainage District (LWDD) regarding placing parking spaces within the LWDD right- of-way located in the northwest corner of the mall site. Amend the plans to phow complianGe with the results of the parking lot variance (PKLV 96-001) regarding the reduction in width of baCk-up space (27 feet to 25 feet) and length of parking space (18 feet to 17.25 feet) for the two above grade levels of the parking structure. Also, if the variance is approved reference on sheet SP-l the above-listed file number and city commission approval date. It is recommended that the proposed wall signage, that was not included with the submittal, for the new store be processed as a minor site plan modification. I INCLUDE I REJECT I x x x x x Page 10 Memorandum No. 96-236 2nd Review, Major Site Plan Modification Boynton Beach Mall Department Store F File No.: MSPM 96-001 I DEPARTMENTS I INCLUDE I REJECT I 52. Add a note to sheet SP-l that x indicates development of the mall site shall be consistent with the conditions of the amended development order that are identified in Resolution R96-26. .. 53. On the elevation view drawing of the x parking structure, change the title from east to west. Also change the west building elevation title to east and change the east to west. 54. For safety purposes it is recommended x that the parking spaces that are located on the ramp of the parking structure be omitted if the percent of slope is greater than 10 percent. 55. A request for abandonment will be x required if the parking structure or Department Store F encroach into an easement. 56. Permit plans shall show compliance x with all applicable codes, ordinances and resolutions. ADDITIONAL CITY COMMISSION CONDITIONS l. To be determined. TJH/dim a:ComDept.Mal PLANNING AND ZONING DEPAR~ MEMORANDUM NO. 96-27( VIII. DEVELOPMENT PLAi'1S D cc: Plan, Dev, util Agenda Memorandum for May 21, 1996, City Commission Meeting FROM: Carrie Parker City Manager r'.:,;)1. ill. 7 ~l"'~)/ I/t'- L.ol Tambri J. Heyden~\.. -;;:;/!I Planning and Zoning irector TO: DATE: May 17, 1996 ft SUBJECT: Boynton Beach Mall, Department Store F - MSPM 96-001 Major Site Plan Modification Please place the above-referenced item on the May 21, 1996 City Commission agenda under Development Plans. DESCRIPTION: Cormac C. Conahan, Esq., with Hodgson, Russ, Andrews, Woods & Goodyear, agent for DeBartolo Properties Management, Inc., property owner is requesting to amend the previously approved site plan to construct a 162,502 square foot department store with parking structure at 801 North Congress Avenue. The attached Planning and Zoning Department Memorandum No. 96-252 further details this request. RECOMl\1ENDATION: The Planning and Development Board, with a 7-0 vote, recommended approval of this request subject to the comments in the attached Exhibit C, with the exception of Comment #10, regarding the requirement for wheelstops to be provided. The applicant contends that a variance granted by the Planning and Zoning Board on November 9, 1982 to not require wheelstops for the mall parking that currently exists is applicable to the parking area expansion proposed with this request. Parking lot variances are site plan specific, therefore, technically a new variance is required. However, tl~is department would support an interpretation to allow the original variance to be applied to this site plan, since the original site plan was conceptual. Comment 37, regarding building height in excess of the allowable 45 feet, was raised by the applicant as well. A height exception was granted in 1982 by the Commission for one of the department stores at the mall. At that time, the store name was not known; it ended up becoming a Macy's store. This height exception for Macy's allowed the following structures to exceed 45 feet by 20 feet: parapet, cooling tower screen and skylight peak (dome). Macy's never completed the third floor of their store, but these structures exist. The code specifies which types of structures are allowed to qualify for application for a height exception. Specific citations are included, but generally they are types of mechanical appurtenances. The applicant contends that the semi-circular, design entry feature is similar to a mechanical appurtenance if it will screen mechanical equipment behind it and therefore he should be allowed to apply for a height exception. No mechanical equipment is currently shown on the plan. Since the Board meeting. the applicant meet with the Forester to discuss comments 17, 19, 19A, 21, 24 and 26. The Forester recommends the following revisions to these comments: 17. Add the following sentence - This topic will be included within the Tree Management document. PLANNING AND ZONING DEPARTMENT MEMORANDUM #95-252 SITE PLAN REVIEW. STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION May 9, 1996 DESCRIPTION OF PROIECT: Project Name: Boynton Beach Mall (Department Store F) Applicant: DeBartolo Properties Management, Inc. Agent: Mr. Cormac C. Conahan, Esq. location: 801 North Congress Avenue File No.: MSPM 96-001 land Use Plan Designation: Local Retail Commercial (LRC) Zoning Designation: Community Commercial (C-3) Type of Use: Retail Store Number of Units: N/A Square Footage: Site Area: Building Area: 5,067,077 sq. ft. (116.37 acres) 1,232,817 sq. ft. (leasable) Surrounding land ~ses and zoning: (see Exhibit n An - location map) North C-16 lake Worth Drainage District (L WOO) Canal and farther north is the Congress Lakes PUD (existing multi-family residential apartment units), zoned PUD and developed land located in Palm Beach County. South Old Boynton Road and farther south is undeveloped property, zoned PCD (Planned Commercial Development) and AG (Agriculture). East Commercial development, zoned C-3. west Mall property (preserve area), zoned REC (Recreation) and developed residential property located in Palm Beach County. Existing Site Characteristics: (see Exhibit "8" - existing site plan) The existing site is a regional shopping mall with associated parking, landscaping and retention ponds with a detached Sears auto service center located in the northeast corner of the mall site. c1 Page 3 Boynton Beach Mall (Department Store F) File No. MSPM 96-001 Memorandum #96-252 Landscaping: Building and Site Regulations: Community Design Plan: Following compliance with staff comments the on-site landscaping will comply with city regulations. Compliance with staff comments will also ensure that the preserve area is in compliance with ORI standards and regulations. The proposed addition is in compliance with all C-3 building and site regulations with the exception of the overall height. The applicant is requesting an overall height of 54 feet 6 inches whereas the city height limitation is 45 feet. The structure exceeding the height is not eligible for a variance or height exception to increase the height. Therefore, the structure must be reduced in height. The ORI allows a maximum of 1,244,449 square feet of gross leasable floor area for the mall site following compliance with the development regulations and standards identified in Resolution R96-26. The submitted plans indicate a total of 1,070,315 square feet of leasable area currently exists at the site. A total of 1,232,817 square feet of leasable area will be achieve~ by adding the 162,502 square feet of leasable area of the proposed department store F. The proposed color scheme, tan walls and a reddish brown accent trim, is compatible with the remainder of the mall. The arched entry feature with polished granite side styles and transom located on the north, west and south elevations feature a unique design to the mall design. However, it does not detract from the overall design of the mall and helps to break up the mass of the building. Signage: Wall signage has not been submitted. ? RECOMMENDATION: The Planning and Zoning Department recommends approval of this site plan request, subject to the comments included in Exhibit 0 . Conditions of Approval. The TRC recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File A:STREMAlL.SPM MEH :bme L/- LUCATION MAP . BOYNTON BEACH MALL DEPARTMENT SlORE "F" ~:':(fljtl~ I th:! '.. tW~ ~-~ \:...~l.',''. V 1"':- -- ~- I,: _. \. \'~< I~ I( U I I ---- ~~. ~ ' "L " ~ ~ , - 'D r.", - - ~ , \ ul . ~ ~ 1 ~ .. . (t_1i -.., \~... - ~ :, . . . ; : ~ \ I --"V/ I \ I ~ ~~- ~ .'" 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