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LEGAL APPROVAL '\. .,{.... -7T '-..\J \ ,J' rz1ie City of 'Boynton 'Beacfi 100 'E. 'Boynton 'Beadi 'Boukvarti P.O. 'Bo;c310 'Boynton 'Bead;', 7forUfa 33425-0310 City:Haf[: (407) 375-6000 7JU: (407) 375-6090 July 18, 1996 Cormac C. Conahan Hodgson, Russ, Andrews, Woods & Goodyear 2000 Glades Road, Suite 400 Boca Raton, Florida 33431-7386 Re: BOYnton Beach Mall, Department Store "F" File No: HTEX 96-002 Location:801 North Congress Avenue Dear Mr. Conahan, Enclosed is the City of Boynton Beach Development Order regarding approval of your request for a 10' 6" height exception. Should you have any questions concerning this matter, please feel free to contact this office at (561) 375-6260. Sincerely, ~ - . -::~f~/!:!&t~ Planning and Zoning Director TJH:dar Enclosures xc: Rod Vosper, Senior Project Manager Central File a:develord.deptF jitmema 5 (jateway to tfu (julfstream /"//,/.,. ,/.. __t- t .r _- <;.... ,-~" v. ',,' ~~-,('if ~ -'--~ U "l! ,1 9J6 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA 't'" uU PLfl.NNING "'ND ZONING OEPl APPLICANT: DEBARTOLO PROPERTIES MANAGEMENT. INC., APPLICANT'S AGENT: Roderick C. Vosper DATE OF HEARING BEFORE CITY COMMISSION: July 16.1996 TYPE OF RELIEF SOUGHT: requested an exception to the City's 45 foot heiaht limit for the construction of a 55' 6" (measured from the approximated averaae arade level. as opposed to finished floor elevation) hiah Department Store "F" at the Bovnton Beach Mall. LOCATION OF PROPERTY: 801 N. conaress Avenue. Bovnton Beach DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _x_ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 4. The Applicant's application for relief is hereby _x_ GRANTED 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: July 16.1996 ! i .- (: ~ ( '~ ' } ,I, '" I --- ,. ~ ~ v ~~~~~~ City lerk s:devord,frm BBMallf7116/96 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 Commissioner Titcomb's concern about this project deals with the traffic problem that exists on Seacrest Boulevard. He stated that he recently saw a response to a letter that was submi'ited by someone who inquired about potential traffic controls at the intersection of Chapel Hill Boulevard and Seacrest Boulevard. That response was that the criteria of the trip numbers did not warrant installation of signals at that location. Commissioner Titcomb feels certain that staff confirmed that this project falls within the parameters, but he does have a concern about this traffic issue. The traffic situation is very difficult at this intersection at 7:30 in the morning. Commissioner Bradley agreed that a lot of residents have complained about the traffic on Seacrest. He questioned how many more trips we need before a signal will be installed at that intersection. Ms. Heyden advised that the number is not even close to what is required. Even with full development of this corridor, there will be no signal. When the Hills at Lake Eden project came in, it met the levels of service for Seacrest Boulevard. We can request additional study from Palm Beach County for traffic signals; however, if the end result is that the City will have to maintain them, the policy has been that we do not want to do that. If they are not absolutely necessary. the County will not maintain them. Vice Mayor Jaskiewicz believes it is unfortunate that the road narrows in this area. She suggested that we contact the County and ask them to widen it to provide better accessibility. Comrrussioner Bradley does not believe the number of trips will warrant the widening of that fGad. Mr. Delalla advised that this church will be used on Sunday morning and on Wednesday evening for Bible class. Mayor Taylor asked if Mr. Delalla would consider planning to have a traffic officer on duty for the time when the service is dismissed. Mr. Delalla said when the congregation gets to 200, they might agree to hire a traffic officer. However, at this time, it is a very small congregation. Motion Commissioner Bradley moved approval of the "Healing for the Nations" site plan construction of a 6,888 square foot church located on 1.006 acres subject to all staff comments. Commissioner Tillman seconded the motion which carried unanimously. B. PROJECT NAME~Oynton Beach Mall- Department Store F APPLICANT: ~oderick C. Vosper - DeBartolo Properties Management, Inc. OWNER: Boynton-JCP Associates, Inc. Ltd., a Florida limited partnership LOCATION: 801 North Congress Avenue 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 DESCRIPTION: HEIGHT EXCEPTION - Request for a height exception for an additional 10' 6" above the 45 foot height limit to construct three building entrance archways. Mac Conahan. reDresentina JCP Associates, advised that the applicant is requesting this height exception which was presented to the Commission at the time of site plan approval. This height exception will allow signature arches for the proposed new department store in the Mall. The Code permits the Commission to grant a height exception for structures such as domes, cupolas, and other structures and screening for necessary mechanical appurtenances. These arches will be a beautiful signature addition to the new store, and are necessary to provide protection to customers from the elements and to screen rooftop structures. The arches will not reduce air and light to the adjacent areas and they will improve the appearance and character of the Mall. They will not adversely affect living conditions in the neighborhood. This height exception is consistent with the Macy's height exception which was granted by the City Commission in the past. He requested consideration for approval of this request to allow the store to establish its high image in the community. Ms. Heyden advised that the City's height limitation is 45'. The Code sets forth the structures that are aUowed to be over that height limit. This is not one of those structures that have been identified. The arches will be on the west, north and south parts of the building. There will be a buffer constructed along Javert Street along with the preservation area. There is rooftop mechanical equipment, a satellite dish and the arch. The actual roof elevation is at 37.5'. There is a parapet wall that extends around the entire perimeter of the building which is 10' and is used to contain any roof drainage. Ms. Heyden agrees that we need to promote buildings with the features this building has. In evaluating a request for variance, however, a determination must be made relative to whether it is the minimal amount of variance required. Staff felt there were ways to minimize the amount of this variance, but some degree of variance is necessary. Commissioner Titcomb said he has no problem with the architectural detail of this building, and will support the project. . Vice Mayor Jaskiewicz reviewed the standards contained in the back-up material, and has no objection to this request. She pointed out that a precedent was set by granting other variances. She feels this is a very aesthetically-pleasing design. 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Motion Commissioner Titcomb moved approval of the height exception request for an additional 10' 6" above the 45' height limit to construct three building entrance archways. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. IX. NEW BUSINESS: .J1~ ,~ Commissioner Tillman did not feel this was the proper time to discuss this issue since Mr. Garcia was not present. His comments need to be directed to Mr. Garcia. A. Presentation on Downtown Marina by Mr. Edward Garcia Vice Mayor Jaskiewicz pointed out that there may be people in the audience who wish to offer input. Dan Richter. 3565 South Lake Drive. said it has been observed by a number of people and himself that Mr. Garcia has been leading the City on for a long time. Mr. Richter does not have a problem with the commercial portion of Mr. Garcia's proposal, but is opposed to the boat storage because it does not fit in with what everyone wants on this parcel. In addition, no one knows how much more Mr. Garcia will scale down this project. If it is done in phases, Mr. Garcia could build the boat storage and run out of money, leaving no phase " or phase III. Mayor Taylor advised that he contacted Mr. Garcia to ask him to move forward with a proposal. He is aware of the concerns about the boat storage; however, Mr. Garcia has agreed to the facade of that storage area blending in with all of the restaurants and shops. The look would be that of a New England style fishing village. Mayor Taylor promised that no one on the Commission would allow Mr. Garcia to build the boat storage facility and nothing else. Mike Friedland said he had a similar opinion as that expressed by Mr. Richter until a few nights ago when the Mayor made a presentation to a group of 12 people who were involved with Visions. Once he saw the artwork of the proposal, and received a better understanding of the financial reasons why this would be appropriate, he did a complete turnaround because it seems like a very practical way to use seven acres of land. Mr. Friedland now has an open mind. He urged Mr. Richter to come back in two weeks and see the sketches. He stated that he would fight to see that this project be done because it is current and immediate. Mayor Taylor stated that he would like to reserve his comments for the workshop meeting. He is in favor of this project, but was not prepared to discuss the incentives Mr. Garcia mentioned in his letter. While he cannot agree to all the incentives Mr. Garcia requested, he would like to see the City work in a partnership to get this project off the ground. 29