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
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ATTORNEYS AT LAW
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..............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
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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
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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
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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. O~' 26-
~.'~ diltanc. DC 145.00 Ce.C'to . point, thene. 193.11 Ce.t. a10n9
an .~e to the rl9ht, havlnq a radlu. DC 420.00 C..t and a ehQ~d
oC 241.JO t..t b.arln9 5 10. OS' 2" H, th.nc. 294.96 {..t. alon9 r
In ace to th.'leet havtn9 a ~.dlu. 01 325.0Q r..t and a chord 01 .
184.94 te.C, burtn".:I U' OS' 26. '" thene.. S ll' H' U" E. a
dlallnc. DC 70.00 (..t to a pOlne, thence 231.51 t.le, alon9 an
I~C to the right. havlnq a radlua DC 320.00 te.t and & chord ot
219.36 t..e bla~Jnq S 9a OS' 2'. W, Chenee 134.54 I..t, alon9 an
Irc to the teCt ha"lnv a udAu. ot HO.OO h.t and . chorct ot
132.1' Ie.e, burlnq 5 U' 01' U. H, thlnc, oS 02' 01' 3'.1:, a
dhht\c. oC 21.61 Cut to a polnt, thence 227.71 (ut, 11on9 an
arC to the rt9ht ha"ln9 a radJu. at 145.00 c..t and a chord 01 .
20~.O' tue. burtn9 5 U. 58' U. H,. thence S .,' S8' 21- H. .
di,l.ncI of 11.340 C..t co a point, th.ne. H O' 51' st- ., .
di,cane. ot ~5.00 C..t to the point ot blglnnlnq and conialnln9
8.61~ acr.. ot Ilnd more or 1....
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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"
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