LEGAL APPROVAL
MEETING Mlh", rES
PLANNING. DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 11, 1996
Ms. Heyden reported on the City Commission action as follows:
Conditional Use for 51. Joseph's Episcopal 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 Nautlca 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.
Vlnlnas 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 Dutle'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).
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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:
LOCATION:
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 MODIRCATION: Request to amend
the previously approved site p!an 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 ot the arch height and the issue
ot parking stops. The remaining conditions are acceptable.
City Attorney Cherot asked him to identify the number ot 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
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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 that
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 in 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 Cherof
advised that if it is the consensus of the Commission not to 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 (basicaUy 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-cirde 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 Forester, 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
MAY21,1996
'7
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 tMt 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 appficant 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 ~ 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 ccmdil:ions 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 wriII we have the management plan. Mr. Conahan said the
management plan has to be a.pproved 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 30, 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 over and eliminated, he considers it an infringement on the
current preserve area.
29
rlOI mange. vve Will nOl Know me numoer OJ parKing spaces tnat have to be provided by
code until the permit stage when the parking garage floor plans and engineer drawings are
turned in.
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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 of the canal right-of-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 foot high chain link fence around the entire preserve, put native
plants on the west and east sides 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 felt it would be nice to have some trees around.
Commissioner Titcomb asked at what point in this process will we know the actual number
of parking spaces and how far they will encroach into the right-of-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
32
.
CONDITIONS OF DEVELOPMENT ORDER AS AMENDED
1. Except as specifically amended herein, all conditions specified in the Development Order (Resolution No.
R-74-343) and subsequent amendments CO . the Development Order for Boynton Beach Mall shall remain
in full force and effect.
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This condition will be met.
Prior to issuance of a Building Permit ~r 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 "1" in the northwest
quadrant of the site by recording apprapriate Restrictive Covenants which, prior to recording, shall be
approved by the Treasure Coast Regioaal Planning Council and the City of Boynton Beach. (
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This conditic~ -;;ill be met upon application of building pennit.
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Prior to commencing construction actirity within the parcel containing the area to be preserved,
(described by "Limits of Pine Area" shown on Exhibit "l "), the preserve area shall be temporarily fenced
or otherwise delineated to prevent construction equipment from entering the area.
This condition will be met by the AppliCllllt.
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All Brazilian pepper, Australian pine, aad Melaleuca on the site (inituding within the Limits of the Pine
Area) shall ae removed within two years after the effective date O~ihtS-R.esolutitAI 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.
This condition will be met by the Applicant. Developmel
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A landscaped buffer along the west boudary of the
provided in accordance with the plan auached as Ex
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This ~dition will be met by the Applicant.
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The use of grassy swales to pretreat runoff bel
shall be utilized in the new parking lot additio
shown on the Site Plan (Exhibit ''2'').
This condition will be met by the Applicant.
WP _ WPRO\MIBOYNTON\DRl\BOYN396 WP6
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Littoral zone planting shall be establislled around the existing detention ponds utilizing native
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 cousultation with the City of Boynton Beach and the South
Florida Water Management District. The Plan shall (1) include a Pan view and site location; (2)
ioclude a typical cross section of the detention pond; (3) specify how vegetation is to 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 sqaare feet of vegetated littoral zone per linear foot of
shoreline shall be established so that at least sixty percent of the shoreline has vegetated littoral
zooe. Alternate design may be necessary dlle 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.
A littoral zone planting plan has been prepared and submitted in response to this condition. Final review
and approval is pending as of 3/25/96.
~
8
Under no circumstances shall post development Rnoff volumes exceed predevelopment runoff volumes
for a stonn event of three-day duration and 25- year return frequency.
This condition will be met by the Applicant.
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8. i No building permit shall be issued for constructioa of any additional square footage under this Amended
Development Order, until the developer has prepared a hazardous materials management plan for the
expansion and the plans have been approved by tile Treasure Coast Regional Planning Council and the
City of Boynton Beach. The plan shall:
A. Require disclosure by tenant of all hazardollS materials proposed to be stored, use, or generated
on the premises;
A hazardous materials management plan has been submitted by the Applicant for approval by the City
of Boynton Beach and the Treasure Coast Regional Planning Council (TCRPC),
B. Provide minimum standards and procedures for storage, prevention of spills, containment of spills,
and transfer and disposal of such materials;
This condition will be complied with as per the above referenced hazardous materials management plan.
C. Provide for proper maintenance, operation, aad monitoring of hazardous materials management
systems, including spill and containment systems;
This condition will be complied with as per the above referenced hazardous materials management plan.
WP _ WPROM:\BOYNTONlDlllB0YN396.WP6
6
. ~ __ ---r--- __ __._ ------- ------- -- ---- - ----.-J --r- - ---------7
PlalDling 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
utiliad to calculate the adopted Level of Service; and or (Hi) modifies the method of calculating
bacqround traffic, such that if the Substantial Deviation were being reviewed under said modified
polides none of the above roadway improvements would be required to maintain the Regional
- ----- ---e------
WP _ WPROM:\BOYNTONIDRIIIOYN396.WP6
7
I
~~44 ~!
MINUTES - REGULAR ...tTY Cc. .t .ON MEETING
BOYNTON BEACH. FLORIDA JANUARY 3. 1995
~
/Jeff. s;.~ f A If:'
Charlotte Wright. 23 Crossing Circle. advised that on December 30, 1994, she
contacted the Police Department for a copy of a vehicle accident report. At
that time. she was told there was a warrant for her arrest. but the officer
could not tell her why the warrant had been issued. At the Police Department.
she was advised that her bond was $100, but she would be released with a payment
of $10. She alleges that the Police Sergeant who fingerprinted her cursed her,
and pushed her to the ground.
j
Andre St. Juste. 925 Greenbriar Drive. owned the property at 440 NE 14th Avenue.
He explained that he fixed a small leak at that property for a cost of $21.80.
The City of Boynton Beach fined him $200. He was unaware of the fine and it was
accruing for over a year. The lien amounted to $318,000. His choices were
either to pay the lien or the City would foreclose. Mr. St. Juste questioned
how the City could assess a lien which grew to $318,000 because he repaired a
$21.80 leak. The City of Boynton Beach advised him that a penuit was required
to repair the leak. That penmit would have cost him $500. He did not pull the
penmit and was cited by Code Enforcement. He claims he never received notifica-
tion of the lien and feels it is unfair that he lost his property worth $50,000.
In response to Vice Mayor Matson's question, City Manager Parker advised that
this judgment lien went before the Code Enforcement Board and City Commission.
The City took this case to court, and the judge ruled in the City's favor. It
was foreclosed approximately two weeks ago.
Mayor Harmening advised that if Mr. St. Juste had not ignored the Code Enforce-
ment lien, the end result might have been different.
VIII., DEVELOPMENT PLANS:
None
IX. NEW BUSINESS:
A. Items requested for reconsideration by Mayor Pro Tel Matt Bradley
1. Project Name: ears Auto Center
Agent: ,,I n B. Smith Engineers, Inc.
Owner: \"'\-_Bo ton - JCP Associates, Ltd.
Location: \" Nort ast corner of the Boynton Beach Mall,
direct south of the C-16 Canal
Description: CONDITI L USE: Request for conditional use
approval t construct a 21,694 square foot
automotive s vice center and associated parking
and landscapin
Mayor Pro Tern Bradley advised that he has some
Commissioner Katz pointed out that a motion is
about this application.
reconsider this case.
In Mayor Harmening's opinion, he felt this case was on e agenda in error sidce
Mayor Pro Tem Bradley was not at the meeting when this ca e was considered.
Therefore, he does not have the privilege of reconsidering "t. However. because
it was included on the agenda, he offered the Commissioners tn~ opportunity to
make a motion to reconsider it.
- 6 -
MINUTES - REGULAR Y CQfif- ):-'N MEETING
BOYNTON BEACH. FLORIDA
JANUARY 3. 1995
Mqtion
Mayor Pro Tern Bradley moved to approve reconsidering this item.
It was pointed out to Mayor Pro Tern Bradley that he could not make that motion.
Motion
Vice Mayor Matson moved to reconsider. Commissioner Aguila seconded the motion.
No vote was polled.
Vice Mayor Matson advised that her original problem with this application was
the fact that she received phone calls from residents of Congress Lakes who
expressed concern about noise that would be generated by this uset and they were
interested in being protected. Vice Mayor Matson visited the sitet and instead
of looking at it from the Sears location over to the Congress Lakes residences,
she looked at it from Congress Lakes to the Mall. It is now her opinion that
the residents will be protected and served quite well with the landscaping and
additional landscaping which will be required. -
In response to Mayor Pro Tern Bradley's question, Ms. Heyden said the bay doors
will be facing south toward the Mall buildings rather than toward the resi-
dences.
Mayor Pro Tern Bradley questioned whether staff feels the landscaping and buf-
fering are sufficient in addition to the distance between this development and
the residences. Ms. Heyden said she has not made a judgment to that fact. Her
only statement in this regard is that the landscaping and buffering are Code
requirements.
Ms. Heyden recalled that there were discussions of additional landscaping. She
pointed out that the landscaping shown on the plan is the minimum required by
Code. She recommended that the Commission specify any additional landscaping
they are suggesting in lieu of the wall.
Commissioner Aguila recalled that the additional landscaping discussed at the
last meeting was along the north property line for the Mall itself, and some
landscaping adjacent to parking areas. There was also some additional
landscaping beyond that at the canal line.
Mayor Harmening said staff's recommendation was for the creation of a landscape
buffer along the entire north Boynton Beach Mall property line. Commissioner
Aguila said the applicant agreed to that recommendation. However, in addition,
there was discussion of additional landscaping along the parking area and along
the north property line of the outparcel along the canal bank. Mayor Hannening
remembered the discussions which involved a landscape benne
Using the overhead projection, Ms. Heyden pointed out the areas where the Code
requires a hedge, an area where hedges and trees are required to screen the
parking lot area, and a wall.
- 7 -
,
MINUTES - REGUlAR ...L TY Cc., .f.. .ON MEETING
BOYNTON BEACH. FLORIDA
JANUARY 3. 1995
Commissioner Aguila said that the shaded area of the plan is where the paved
area is located. There is landscaping adjacent to the paved area. In addition
to that, there would be landscaping along the property line all the way to the
canal bank. That would result in two lines of landscaping between the parking
area and the canal (one at the edge of pavement and one at the edge of the
canal, which is also bermed).
Motion
With Ms. Heyden pointing to the plan shown on the overhead, Commissioner Aguila
moved to approve the conditional use if the applicant is willing to provide
landscaping along the diagonal parking area consisting of trees and hedges to
create a buffer between the building/parking and that corner of the property.
In addition, they are to provide landscaping at the property line (which is
twice the normal landscaping) and widen the dumpster enclosure to allow for the
two containers.
Commissioner Aguila will support this project without the erection of a buffer
wall if the applicant is willing to go along with the conditions stated.
Vice Mayor Matson seconded the motion.
Mayor Hanmening pointed out that this motion includes staff recommendations and
the conversations enumerated tonight by Commissioner Aguila.
Ms. Heyden asked for clarification on whether staff is to decide on the number
of trees and shrubs. Commissioner Aguila said the trees should be 40' on center
and the shrubs are to be 24" at planting, both at the edge of pavement as well
as at the canal. Ms. Heyden confinmed that there is to be a double hedge row
along the property line.
Attorney Goren said that in reviewing the minutes of the last meeting, Vice
Mayor Matson was not on the prevailing side. There were several motions con-
sidered. No motion was ever adopted, so there is no prevailing side either for
or against. In looking at the current laws we have under land development
aspects, there must be some finality in decision making. The Commission's
motion to reconsider the request and to take action up or down, would be con-
sistent with the prevailing case law.
The motion carried 4-1. (Commissioner Katz cast the dissenting vote.)
2. Reconsider request from CRGS (Christians Reaching Out to Society,
Inc.) to host the NOMAD volunteers at St. John's United Methodist
Haitian Mission at 3215 North Seacrest Boulevard to park and
reside in their recreational vehicles in the church parking lot
January 29 through February 16. 1995
Mayor Hanmening advised that this request was considered at the last meeting and
it was denied by a vote of 3-1. In order to reconsider this issue, a motion
would be needed by someone on the prevailing side.
Mayor Harmening pointed out that his feelings on this issue have not changed and
he does not wish to reconsider. Commissioners Aguila and Katz agreed that they
did not wish to reconsider the issue.
- 8 -
MINUTES - REGULAR ~ITY c~ ~~I~_.ON MEETING
BOYNTON BEACH. FLORIDA
_ ~IL 'f1/d4 rfi; r
J..'7.... jAE-~ &/~
DECEMBER 20. 1 ~9~
v. BIDS:
None
VI. PUBLIC HEARING:
Sears'AutoCenter
John B. Smith Engineers, Inc.
Boynton - JCP Associates, Ltd.
Northeast corner of the Boynton Beach Mall,
directly south of the C-16 Canal
CONDITIONAL USE: Request for conditional use
approval to construct a 21,694 square foot
automotive service center and associated
parking and landscaping
Tambri Heyden, Planning and Zoning Director, made the presentation. This is a
building for purchase on a leased outparcel. The zoning district is C-3.
A. Project Name:
Agent:
Owner:
Location:
Description:
The surrounding land uses and zoning involve the C-16 Canal on the north, and
Congress Lakes PUD farther north; a Mall drainage pond on the east; and Mall
property to the south and west. .
In reviewing the standards for evaluating conditional uses, Ms. Heyden discussed
only the more important standards. With regard to ingress/egress, the outparcel
has two.access driveways. Due to the location of the building, the additional
traffic which will be generated will be more evenly distributed.
With regard to off-street parking and loading areas, there is a surplus of
parking spaces. Ninety-nine (99) spaces will be provided, while only eighty-
seven (87) are required.
All automotive services will be provided within the building. There are two (2)
service bays.
There is dumpster location and service court on the north property line. Staff
recommends further buffering those areas. Staff has recommended the installa-
tion of a six foot (61) high buffer wall along the C-16 Canal and landscape
hedges along the entire north property line of the Mall. Since this property is
in a separate outparcel, whenever a major modification comes in, our Codes kick
in for parking, etc.
Staff is recommending that the lighting be shielded from the residential proper-
ties to the north.
Ms. Heyden displayed a colored elevation and stated that staff feels the design
of this building is generally compatible with the Mall buildings.
The Planning and Development Board recommended approval of this project subj~ct
to staff comments and recommendations. They recommended the use of non-Cypress
mulch. Further, if the Commission decides not to require the buffer wall, then
additional landscaping should be provided by the applicant. The applicant
agreed to that condition at the Planning and Development Board meeting.
- 10 -
MINUTES - REGULAk ~ITY t, .~l.. _4ON MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 20, 1994
.
Mayor Hanmening pointed out that one letter of objection was received. Ms.
Heyden used the map to point out the location of that property owner on Old
Boynton Road.
Commissioner Aguila feels a buffer wall is unnecessarY9 but agrees that the
additional landscaping and hedges would be a good addition.
Vice Mayor Matson asked for confinmation from Ms. Heyden that the work done on
these premises will be perfonmed in the bays. Ms. Heyden confinmed this fact
and stated that that is a requirement of the Zoning Code. Vice Mayor Matson
would support this project with the buffer wall on the northern location where
the property abuts Congress Lakes.
Commissioner Katz feels there is no need for another automotive repair center in
Boynton Beach, especially in this location. Sears has automotive centers in
Boca, West Palm Beach, and Pompano which are no where near residences. A pre-
vious Commission approved the zoning change to allow this project to come forth.
Commissioner Katz is opposed to this project; however, if it is approved9
perhaps the applicant would create a landscape benm to further shield the
project.
Commissioner Aguila feels the buffer wall ;s an unnecessary expense when a
landscape buffer will do just as well. He does not feel this project will be
any more burdensome to the surrounding community. This is an attractive
building and because of where it iS9 what it is and the likelihood of nothing
else going in there, he is comfortable with the project. He did point out,
however9 that the dumpster needs to be lar.ger to accommodate the recycling
container.
In response to Vice Mayor Matson1s question, Ms. Heyden advised that the appli-
cant has not approved the wall. The applicant does not have a problem with the
landscaping9 and in lieu of the wal19 they have suggested additional land-
scaping.
Vice Mayor Matson is concerned about the noise which will be generated inside
the bays and the residents being able to see the wort being done. The residents
in the apartments behind this project should be given the same consideration as
anyone owning an individual home.
Commissioner Katz feels this project should be considered two miles farther
south on Congress Avenue in the location of Tire Kingdom. This Mall does not
call for an automotive repair center.
Mayor Hanmening feels there is no need for a wall in this case because of the
distance from the project to the residences.
Commissioner Aguila pointed out that a wall might be more likely to ricochet
sounds across the Canal.
Vice Mayor Matson said she received telephone calls from the residents and many
were not in favor of this project. They would be a little more comfortable with
it if the wall were erected.
- 11 -
MINUTES - REGULA #ITY ( .4, ION MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 20, 1994
Motion
Commissioner Aguila moved to approve the conditional use subject to staff com-
ments and recommendations exclusive of the wall on the north property line and
with the provisions of a wider dumpster area to provide for a recycling bin.
THE MOTION DIED FOR LACK OF A SECOND.
Motion
.
Vice Mayor Matson moved to approve Sears Auto Center subject to all staff com-
ments, the enlarged dumpster, and subject to the building of the six foot (61)
wall and the landscaping. Commissioner Aguila seconded the motion.
Robert.Smith of John 8. smith Engineers, 400 NE Jrd Avenue, Ft. Lauderdale, said
there 1S confusion on the wall issue since this issue never arose until the last
comments prior to the Planning and Development Board meeting. The Technical
Review Committee never mentioned this issue. Mr. Smith said this project is
over 250' in distance from any residential property. Furthenmore, Ms. Heyden
advised that she was seeking an opinion from the City Attorney on whether or not
the wall can be required. Mr. Smith has not received any correspondence with a
detenmination from the Attorney.
Mayor Hanmening advised that the City Commission can put conditions on a con-
ditional use.
Mr. Smith advised that this center was brought into the City as part of an
anne~ation. There has always been development shown on this outparcel. In his
opinion, this is not a major modification since it is less than 2% of the
entire Mall. The applicant has agreed to add additional landscaping, but there
is no purpose for a buffer wall since the project is over 250' from any resi-
dence.
The motion failed 1-3. (Mayor Hanmening, and Calmissioners Aguila and Katz cast
the dissenting votes.)
Motion
Commissioner Aguila moved to approve the conditional use subject to staff com-
ments and recomnendat1ons exeh.S1,ye of the constnrc:tion of a wa 11 on the north
property line but including the additional landscaping on the north property
line and a wider dumpster area to allow for the recycling container.
THE MOTION DIED FOR LACK OF A SECOND; THEREFORE, THE CONDITIONAL USE FAILED.
Description:
The V1n1ngs at BOJlton Beach
CCl Consultants, Inc.
Howard R. Schar1in, Trustee
East side of SW 8th Street, approximately
1,400 feet north of Woolbright Road
ABANDONMENT: Request for abandonment of a
12 foot wide utility easement that runs ap-
proximately 200 feet east of and along SW 8th
Street
B. Project Name:
Agent:
Owner:
Location:
- 12 -
!/ I. ,: iI / ' ';. (!
" I _ I I I / i ',)
RESOLUTION R96-~b
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
l, 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 is 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. The premises are correct and hereby accepted by the
City.
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 R91-37 with the following conditions, restrictions
and limitations:
A~plication for Development Approval
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
matters submitted in the Notice of Proposed Change to a
I
previously approved Development of Regional Impact dated
September 13, 1995 and revised December 1995.
Commencement and proqress of Development
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
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 in the Original Development Order
(Resolution No. R-74-343) and subsequent amendments to the
I 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
I 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" in the northwest quadrant of the site by recording
appropriate Restrictive Covenants which, prior to recording,
I
,I
:, 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
II 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 1S 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
moni toring of hazardous materials management systems,
including spill and containment systems;
D. Detail actions and procedures to be followed
ln case of an accidental spill;
E. Guarantee financial responsibility for pill
clean-up; and
F. Require the inspection of premises storing,
using, 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 within 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
I; 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
one right-turn lane
two left-turn lanes
Southbound
Not Applicable
Eastbound
Westbound
two through lanes
one right-turn lane
one left-turn lane
three through lanes
All configurations shall be constructed and permitted ~n
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 "Plar..")
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
I background traffic, such that if this Proposed Change were
being reviewed under said modified policies none of the above
intersection
improvements
(including
signalization
i
I' modifications) 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 IIT~act 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, peak season conditions for the subj ect
transportation network during the projected completion of the
project, including project impacts and growth in backgro~nd
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 ~n
Section 380.06(19), Florida Statutes. The City Commission of
the City of Boynton Beo.ch 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 project 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 ~ay
require periodic reports of the Applicant with rega~d to any
item set forth in this Development Order.
3. The Applicant ehall 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 t:-,-e
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 1n this Development Order and the commi tnents
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 fedaral
permi ts 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 t~e
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(15), Florida Statutes; and
K. Any other information required by the Cicy
Conunission 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 lS
conditional and shall not be construed to obviate the duty of
the Developer to comply wi th all other applicable local,
State, and federal permitting requirements.
8. In the event that any portion or section of this
Development Order is 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 De
transmitted immediately by certified mail to the Department of
Community Affairs, the Treasure Coast Regional Plan~ing
Council, and Applicant.
PASSED AND ADOPTED in a public hearing held on this the
..,.;:f"~
day of F;.f3R.U AR.1.i
, 1996.
('1 \J
. . "'.:=... '\ "'L__, -;,
Vlce Mayor
. '\ -
.~
Commissioner
Attest:
~ f~~~j~",~
Ci! Y Clerk
BBMallAm.Oav/Order
2/15/96
EXHIBIT "A"
DOYNTON DEACIf HALL
116.364 ACRBS
A tcact of ~and loaateel' In Slat'lon 1', Town.hlp .S SQuth,
.\ahV_ 43 Ba.t, Countv of Pal,. ue.ah, "lo~ld. and 'ul"the,.
described AI lollo~SI
Deglnhlng at. tho Southeast cornel' of Sectlon 19, TtS 8, fttJ!,
thence u 00. 59' 39M Ii along the East:. 11ne at said' Sect-Ion
19, A dIstAnce' ot 10'0.10 teet to 'a point, thence S 8g. ,00'
11ft H, A dlatancQ ot 60.00 lea~ to a point on the w..tei'-ly
right-Of-way 11na of Congress '\Venue, SAid polnt al.o baing
the prlncipal point And piaco at boginninq at the following
dcacriptibnl
'.
Thence 8 88- OS' 26M H, a diltanal ot 846.73 taet to a point,
thance S 43- 32' '4- W, a dlatanal at 57.02 teat to A point,
the n c e S 00. 59' ] 9 - E, a d is tan coo f 258. 21 . f eat _ to a po In t ,
thence S 16- 46' 44.2- E, a dbltance at 199.60 teet to A
polnt, thence S 00- 59' 39- S, a diatance 'of 102.10 teet to A
point, thence S 44- 4" 34- E, a diltance of 14.45 teot to &
point on the northerly right-at-way line at Doynton HOlt Road
(tormerly old Doynton Road), thence" 89' Hi' 3t.. H, along
said ]lortherly line, a distAnce of 1684.25 teet to A point"
thence H 00. 51' 51" H, a distAnce of 1228.05 t.ot t.o' a
polnt, thence" 81. 58' 21- B, a distance of 52.34 teet to A
point, thance 221.11 t.e~ along ~ curve to tho loft, having &
rAdius at 145.00 feet And. chord at 205.06 teet, bo.ring II
42- sa' 2111 E, to ~ point, thence H 2- 01' 39" H, a .di.tance
at 2J.61 teet to a point, thance 1]4.54 teet along a curve
to the right, hAving A radius o~ 240.00 teet and a Gho~d at
132.78 feet, be.clng H 14- 011 53.5" E to a point., thonce
234.51 feet along. curve to tho 1aft, 'having a radiul ot
320.00 teet and.A chord at 219.]6 feet, bearlng " ,. OS' 26-
E to a polnt) thence till- .54' 34" W, a dlltanco at 10.00
teet to a point, th~nce 294." feet, a10n9 a. curve to tho
right, having, a radius at ]25.00 teet and a chord ot 18"94
teet, bearing H 14', 05'- 2&- E to a point, thence 193.22 toet
along A curve to tho lett, having a radius' of 420.00 t.et And
A chord ot 281.30 teet, bearing" 20. OS' 2'- B to a point,
thenca " 00. OS' 26M S, A distanae of 145.00 teet to a point,
'thence tf 08- OS' 26" E, A distAnca at 1138.91 teet to A
poInt, thence 8 00. 5" J9. 8, a distance at 412.8' teet to A
point, thenae HOD- OS' 26.8, a distance at 328.87 toot to A
point on the Westel'ly 11no of Congl'ess Avenue, th'enoe 8 00'
.S~.'.. ?'"~.f a.!~.ng said Westerly, ~~n~,. a. d,lltance ot 130.01 teet
to a poInt, thence N 46' 21' 0&" H, a distance of 5&.11 toet
to A point, thence S 80. 05' 26" H, a distance at 430.00 toet
to a poInt, therica S 00. 59' 3'" E, A dIstAnae at 609." .t.et
to A point, thence" 80- OS' 2'" E, A di.tance of 430.00 tlet
to' A point., thenae " 43. 32' S." S, a distanaa at 51.02 het
to a point on the Hqster1y line o~ Congress Avenue, thence 8
OO~ 59' 39. B,'Along saId Hosterly line, a distanae ot 110.01
feet to A point, thence H 4'- 21' os- W, a distano. af 56~11
teet to a point, . thenae S 88 - 05' 26" H, a d1sl:.1ljae oe loa .00
feet to a poInt., thanae 8 00. 5" 3'- E, a di.tanaa of 230.00
feat to a poln~. thenae H 88. 05' 26- &, a di.t.anaa of 340.00
teet to A point, thenco S 00- 5" 39- B, a distance of 150.00
teet to a point' thence 8 88- OS' 2'. w, a dl.tanae 0' 340.00
teet to a point, thence S 00. 't' 3'. I, a dIstanoo ot 22'.9'
feo~ to a point, thence H 88.'05' 26" E, A dietAnaa of '08,00
teot. t.o a polnt' thence It 43- 3~'. 5.... E, A dietanae ot 51.02
J:oet. t.o . point. on t.ho W..t..~ly. 1.1ne ot Conge... Avenue,
thenpe S 00 5" 3'" 2, along a.ld He.t..~ly 1In., . dl.t.anae
o( 130.01 laet to the pclnalpA1 point And p1AOO of b.glnnlng
And containing 101.15 acros at land, mora or leas.
ANO
A parc.l of land iyin, In Slatloft 1'; Townahlp 45 SoutM4,..nt. t~.
e'lt, ..1. 8.acb CQunty, Florida. bein9 Mor. plrtlcular'V
d_.crlb." al (ol'o~.' .
CONlenet at the eentU' oC' slctton 19. thence tf o' ii.' U- W.
alon9 · the Uot'th South lIt hethh lIn. oC aald 'f..Uon. I
dh"n.. at 35.00 Cut, th.nce ta .." U' 21- C, .dA,.tanal ot
20.00 (.et to the principal point and pllCI o( beqlnnlnq aC the
(0'10vlnq d.~Grlptlonl .
Thenee cantlnulnq II a,' sa' 21- e . dhtance oC 20.01 Cut to .
point, th.nee " o' 51' 51M W. Ilon9 a lJn. iO.OO C..t E..t oC and
p"'llhl vlth ul" Uorth South 11. hathn Un., A d"Unu at
1191.13 Ceet to & point on the South rI9ht-0(-v1V lln. DC Boynton
C.anal, thance tI 8". OS' 26" E. alonq uld South rlqht-o'-wIV
1 Jna. a dhtancI oC 432.99 hat to . polne, thence 5 O. OS' 26"
W. .-.. dhtlnce oC \45.00 c.et'to . point, thance 29J.22 hee alon9
an arc to the rlqht. hlvlnq a radlua oC 420.00 Ca.t Ind . chord
o( 211.30 t,ee be.rln9 S 20' OS' 2" H, thance 294.96 ll~. .lon9 '
.n .~c to the'leet havlnv a ~.dJu. 01 325.00 I..e and a chord 01 .
184.U (.et. b..rlnq':S U- OS' 2'. '" thance S 11. 54' U. C. ,
dlatanc. ot 10.00 '..t to a polne, thence 134.51 (a.t, .10n9 an
a~c ta the rl9ht. havlnq a r.dlu. at 320.00 ta.t and a chord ot
119.36 C..C b'I~ln9 S ,- 05' 2'. H, thence 134.54 {.aC. alon9 an
ara to the laCt havln9 a ra"luI of 140.00 t.at and a chord at
131.11 'ut., burln9 S Ua 01' U. HI thine. SOl. 01' U. t, a
dl.tance 01 23.61 taet to . point. thence 121.71 (..e. alon9 an
arc to the r19bt havlnv . radlul 01 145.00 t..t and ~ chord at .
20$,04 c.at, burin., S 4Z' 5.' 11- W" thlnc. S .,e sa- u. w, .
dla'tlnGe ot 12.34 hat to . poInt, ChinG. H O. 51' st- " .
dl.canc. at ~5.00 te.t to the point at beglnntnq Ind conta'nlnt
8.61~ acr.. oC land more or leal.
,
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t
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the City Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Plannina and Zonina Department
PREPARED BY:Tambri J. Heyden
DATE PREPARED: January 23. 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Boynton Beach Mall notice of
pronosed ohanQe to DRI development order to extend buildout date
and revise traffic conditions
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Boarder, etc.)
Pursuant to Chapter 380.06 (19) (f) of Florida Statues. there
appears to be no special requirements.
SEND COPIES OF AD TO: Planninq and Zoninq Department. Boynton - JCP
Associates. Ltd.. Cormach Conahan (Aqent)
NEWSPAPER(S)
TO PUBLISH:
The Pos t
(newspaper of qeneral
circulation). since this is a ?rOlect ofreqional impact. rather
than the Boynton Beach News
DATE(S) TO BE PUBLISHED: Minimum once. at least 15 days prior to
~ublic hearina date of February 20. 1996. i.e. - February 5. 1994.
APPROVED BY:
~ f ' () -1 11
( 1 ) -<Jli.-J,'}L-Ct.'1 t \';1--" ~l ~-&"1'\..-
(Department He~d) U
{:l ,3 jq~
ate)
(2 )
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:LegalNotice.Mall
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF
BOYNTON BEACH, FLORIDA, will conduct a Public Hearing at 7:00 P.M.
or as soon thereafter as the agenda permits on Tuesday, February
20, 1996, in the City Hall Commission Chambers, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida. The purpose of this
public hearing is for consideration of proposed changes to the
Boynton Beach Mall Development Order (Palm Beach County Resolution
No. 74-343) as amended by City of Boynton Beach Resolution Nos. 89-
UUU and 91.37 and determination as to whether or not the proposed
ohanges oonetitute a substantial deviation to the approved
development order with respect to the following described property
located within the corporate limits of said City, pursuant to the
request of the parties in interest and in compliance with Chapter
380, Florida Statutes.
REQUEST: Boynton Beach Mall
Notice of Proposed Change to a previously approved
Development of Regional Impact
LEGAL DESCRIPTION:
A tract of land located in Section 19, Township 45 South,
Range 43 East, County of Palm Beach, Florida and further
described as follows:
Beginning at the Southeast corner of Section 19, T45 S, R43 E,
thence N 000 59' 39" W along the East line of said Section 19,
a distance of 1898.10 feet to a point; thence S 890 00' 21" W,
a distance of 60.00 feet to a point on the westerly right-of-
way line of Congress Avenue, said point also being the
principal point and place of beginning of the following
description:
Thence S 880 05' 26" W, a distance of 846.73 feet to a point;
thence S 430 32' 54" W, a distance of 57.02 feet to a point;
thence S 000 59' 39" E, a distance of 258.27 feet to a point;
thence S 160 46' 44.2" E, a distance of 199.60 feet to a
point; thence S 00059' 39" E, distance of 102.20 feet to a
point; thence S 440 46' 3411 E, a distance of 14.45 feet to a
point on the northerly right-of-way line of Boynton West Road
(formerly old Boynton Road); thence N 890 46' 34" W, along
said northerly line, a distance of 1684.25 feet to a point;
thence N 000 51' 5111 W, a distance of 1228.05 feet to a point;
thence N 870 58' 2111 E, a distance of 52.34 feet to a point;
thence 227.77 feet along a curve to the left, having a radius
of 145.00 feet and a chord of 205.06 feet, bearing N 420 58'
21" E to a point; thence N 20 01' 39" W, a distance of 23.67
feet to a point; thence 134.54 feet along a curve to the
right, having a radius of 240.00 feet and a chord of 132.78
feet, bearing N 140 01' 53.5" E to a point; thence 234.57 feet
along a curve to the left, having a radius of 320.00 feet and
a chord of 229.36 feet, bearing N 90 05' 26" E to a point;
thence N 110 .54' 34" W, a distance of 70.00 feet to a point;
thence 294.96 feet, along a curve to the right, having a
radius of 325.00 feet and a chord of 284.94 feet, bearing N
140 05' 26" E to a point; thence 293.22 feet along a curve to
the left, having a radius of 420.00 feet and a chord of 287.30
feet, bearing N 200 05' 26" E to a point; thence N 000 05'26"
E, a distance of 145.00 feet to a point; thence N 880 05' 2611
E, a distance of 1738.97 feet to a point; thence S 000 59' 39"
E, a distance of 472.86 feet to a point; thence N 880 05' 26"
E, a distance of 328.87 feet to point on the Westerly line of
Congress Avenue, thence S 000 59' 39" E, along said Westerly
line, a distance of 130.01 feet to a point; thence N 460 27'
06" W, a distance of 56.11 feet to a point; thence S 880 05'
26" W, a distance of 430.00 feet to a point; thence S 000 59'
3911 E, a distance of 609.99 feet to a point; thence N 880 05'
26" E, a distance of 430.00 feet to a point; thence N 430 32'
Page 2
Notice of Public Hearing
Boynton Beach Mall
54" E, a distance of 57.02 feet to a point on the Westerly
line of Congress Avenue; thence S 000 59' 39" E, along said
Westerly line, a distance of 170.01 feet to a point; thence N
460 27' 06" W, a distance of 56.11 feet to a point; thence S
880 05' 26 W, a distance of 608.00 feet to a point; thence S
000 59' 39 E, a distance of 230.00 feet to a point; thence N
880 05' 26 E, a distance of 340.00 feet to a point; thence S
000 59' 39 E, a distance of 150.00 feet to a point; thence S
880 05' 26 W, a distance of 340.00 feet to a point; thence S
000 59' 39 E, a distance of 229.99 feet to a point; thence N
880 OS' 261 E, a distance of 608.00 feet to a point; thence N
430 32' 54" E, a distanee of 57.02 feet to a point on the
Westerly line of Congress Avenue; thence S 000 59' 39" E,
along said Westerly line, a distance of 130.01 feet to the
principal point and place beginning and containing 107.75
acres of land, more or less.
AND
A parcel of land lying in Section 19, Township 45 South, Range
43 East, Palm Beach County, Florida, being more particularly
described as follows:
Commence at the center of Section 19; thence N 00 51' 51" W,
along the North South 1/4 Section line of said Section, a
distance of 35.00 feet; thence N 870 58' 21" E, a distance of
20.00 feet to the principal point and place of beginning of
the following description:
Thence continuing N 870 58' 21" E a distance of 20.01 feet to
a point; thence N 00 51' 51" W, along a line 40.00 feet East
of and parallel with said North South 1/4 Section Line, a
distance of 1191.23 feet to a point on the South right-of-way
line of Boynton Canal; thence N 880 05' 26" E, along said
South right-of-way line, a distance of 432.99 feet to a point;
thence S 00 05' 26" W, a distance of 145.00 feet to a point;
thence 293.22 feet along an arc to the right, having a radius
of 420.00 feet and a chord of 287.30 feet bearing S 200 05'
26" W' thence 294.96 feet, along an arc to the left having a
radius of 325.00 feet and a chord of 284.94 feet, bearing S
140 05' 26" W; thence S 110 54' 34" E a distance of 70.00 feet
to a point; thence 234.57 feet, along an arc to the right,
having a radius of 320.00 feet and a chord of 229.36 feet
bearing S 90 05' 26" W; thence 134.54 feet, along an arc to
the left having a radius of 240.00 feet and a chord of 132.78
feet, bearing S 140 01' 53" W; thence S 020 01' 39" E, a
distance of 23.67 feet to a point; thence 227.77 feet, along
an arc to the right having a radius of 145.00 feet and a chord
of 206.06 feet, bearing S 420 58' 21" W; thence S 870 58' 21"
W, a distance of 72.34 feet to a point; thence N 00 51' 51" W
a distance of 85.00 feet to the point of beginning and
containing 8.614 acres of land more or less.
CONTAINING:
116.364 ACRES GROSS LAND AREA
LOCATION:
Approximately 850 feet west of
intersection of Congress Avenue and
Boynton Road; Boynton Beach, Florida.
the
Old
PROPOSED
CHANGES:
Request to extend the build-out date of the
remaining unbuilt department store at the
Boynton Beach Mall and to revise the traffic
conditions of the previous approval.
Page 3
Notice of Public Hearing
Boynton Beach Mall
APPLICANT:
DeBartolo Properties Management, Inc.
AGENT:
Thomas A. Marsicano
Greiner, Inc.
All interested parties are encouraged to appear at said
hearing in person, to be represented by an attorney or comment
in writing. The application and all related documents will be
available for review during normal working hours in the office
of the Planning and Zoning Department, 100 East Boynton Beach
Boulevard, Boynton Beach. Any person who decides to appeal
any decision of the City Commission with respect to the matter
conaidered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which includes the
testimony and evidence upon which the appeal is based.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH
PUBLISH:
a: Legnotic ,Mal
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ORDINANCE NO. 095-#
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 2 ZONING. OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
BOYNTON BEACH, CREA riNG A NEW SECTION 10
ENTITLED "BOARD OF ZONING APPEALS";
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
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I WHEREAS, the evolution of statutory and judicial treatment of matters which
i I relate to variances have changed so significantly; and
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I WHEREAS, the City Commission of the City of Boynton Beach has deemed
'i it to be in the best interests of the citizens and residents of the City of Boynton
,i Beach to create a new board entitled "Board of Zoning Appeals" .
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:1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
! THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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:1 Section 1. Chapter 2." Zoning" of the Land Development Regulations is
.: hereby amended by deleting Section 10. Board of Adjustment in its entirety and
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I; creating a new Section 10, as follows:
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Section 10. Board of Zoning Appeals.
A. COMPOSITION AND PROCEDURE:
1. The Board of Zoning Appeals shall consist of five (5) regular
members and two (2) alternate members, who shall be appointed by
the City Commission. Two (2) members shall serve for a term of one
(1) year from the date of appointment; and three (3) members shall
serve for a term of two (2) years from the date of appointment.
Vacancies created after expiration of these terms shall be filled by
appointments for three-year terms. One (1 ) alternate shall serve for
a term of one (1) year from the date of appointment; the other
alternate shall serve for a term of two (2) years from the date of
appointment. Vacancies on the Board shall be filled by appointment
by the City Commission. Members of the Board may be removed by
a majority of the total members of the City Commission. Members
and alternates of the Board shall be electors of the City.
2. Meetings of the Board shall be noticed by the City Clerk.
3. All hearings shall be quasi-judicial and no order of the Board
is final until a written order is issued.
4. Minutes will be kept of all meetings of the Board and shall
include the vote of each member on each question.
B. P,OWERS AND DUTIES. The board of zoning appeals shall
have the following powers and duties:
1. To hear and decide appeals when it is alleged that there Is
error In any order, reauirement, decision, or determination made by
an administrative official in the enforcement of any zoning ordinance
or regulation adopted pursuant to this chapter (ordinance).
2. To hear and decide requests for special exceptions. To decide
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such questions as are involved in the determination of when such
special exceptions should be granted. To grant special exceptions
with appropriate conditions and safeguards or to deny such special
exceptions when not in harmony with the purpose and intent of this
ordinance. The following standards apply to the Board power to grant
special exceptions:
a. In granting any special exception. the board shall
find that such grant will not adversely affect the public
interest.
b. In granting any special Q)Ccsptlon, the board may
prescribe appropriate conditions and safeguards In
conformity with this chapter. Violation of such'
conditions and safeguards. when made part of the
terms under which the special exception is granted.
shall constitute grounds for the revocation of the
special exception and the certificate of occupancy or
occupational license associated therewith.
c. The board of zoning appeals may prescribe a
reasonable time limit within which the action for which
the special exception is required shall be begun or
completed or both.
3. To authorize upon appeal such variance from the terms of this
ordinance as will not be contrary to the public interest when. owing to
special conditions, a literal enforcement of the provisions of this
ordinance would result in unnecessary and undue hardship. In order
to authorize any variance from the terms of this ordinance, the board
must find:
a. That special conditions and circumstances exist
which are peculiar to the land, structure, or building
involved and which are not applicable to other lands,
structures or buildings in the same zoning district.
b. That the special conditions and circumstances
do not result from the actions of the applicant.
c. That granting the variance requested will not confer on
the applicant any special privilege that Is denied by this
ordinance to other lands, buildings. or structures in the same
zoning district.
d. That literal interpretations of the provisions of
this ordinance would deprive the applicant of rights
commonly enjoyed by other properties In the lame
zoning district under the terms of the ordinance and
would work unnecessary and undue hardship on the
applicant.
e: That the variance granted Is the minimum
variance that will make possible the reasonable use of
the land, building or structure. .
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f. That th~ grant of the variance will be in harmony
with the general intent and purpose of this chapter and
that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
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g. For variances to minimum lot area or lot frontage
requirements, that property is not available from
adjacent properties in order to meet these
requirements, or that the acquisition of such property
would cause the adjacent property or structures thereon
to become nonconforming. The applicant for such
variances shall provide an affidavit, with the application
for variance, stating that the above mentioned
conditions exist with respect to the acquisition of
additional property.
4.
In granting variance:
a. The board may prescribe appropriate conditions
and safeguards In conformity with this ordinance.
Violations of such conditions and safeguards, when
made a part of the terms under which the variance is
granted, shall be deemed a violation at this ordinance.
b. The board may prescribe a reasonable time limit
within which the action for which the variance is
required shall be begun or completed or both.
c. Variances to lot area and maximum densities
specified In comprehensive plan. Where variances to
lot area requirements are requested, and such a
variance, if granted, would cause the density to exceed
the density shown on the future land use map of the
city's comprehensive plan, the density created shall be
construed to be in conformance with the comprehensive
plan, if the board finds that the variance meets the
conditions set forth in this section for granting same,
and the variance would only allow for the construction
of a single-family detached dwelling.
C. EXCEPTIONS.
Under no circumstances except as permitted above shall the
board grant a variance to permit a use not generally or by special
exception permitted in the zoning district involved or any use
expressly or by implication prohibited by the terms ot this ordinance
In the zoning district. No nonconforming use of neighboring lands,
structures, or buildings in the same zoning district and no permitted
use of lands, structures, or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
D. REVIEW OF ADMINISTRATIVE ORDERS. In exercising its
powers the board may, upon appeal and in conformity with provisions
of this section, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination made by an
administrative official In the enforcement of any zoning ordinance or
regulation adopted pursuant to this ordinance, and may make any
necessary order, requirement, decision or determination, and to that
end shall have all the powers of the officer from whom the appeal is
taken. A majority v~ta shall be necessary to'reverse any order,
requirement, decision or determination of any such administrative
official or to decide in favor of the applicant on any matter upon which
the boards is required to pass under this section.
E. APPEALS FROM DECISION OF ADMINISTRATIVE
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OFFICIAL. Appeals to the board may be taken by any person
aggrieved or affected by any decision of an administrative official
interpreting any zoning ordinance. Such appeal shall be taken within
thirty (30) days after rendition of the order, requirement, decision, or
determination appealed from by filing with the officer from whom the
appeal is taken and with the board, a notice of appeal specifying the
grounds thereof. The appeal shall be in the form prescribed by the
rules of the board.
F. STAY OF WORK AND PROCEEDING ON APPEALS. An
appeal to the board stays all work on the premises and all
proceedings in furtherance of the action appealed from, unless the
official from whom the appeal was taken shall certify to the board that
by reason of facts atated In the certlflcat., a stay would cause
Imminent peril of life or property. In such case, proceedings or work
shall not be stayed except by a restraining order which may be
granted by the Board. or by a court of record on application, on notice
to the officer from whom the appeal is taken and on due cause
shown.
G. HEARING OF APPEALS. The board shall fix a reasonable
time for the hearing of the appeal, give public notice thereof, as well
as due notice to the parties in interest, and decide the same within a
reasonable time. Upon the hearing, any party may appear in person,
by agent or by attorney. Applicants shall be required to tile a proper
form (supplied by the Planning Department), a current certified survey
accompanied by a fee as adopted by resolution of the City
Commission. For procedural purposes, an application for a special
exception shall be handled by the board as for appeals.
H. REVIEW OF DECISIONS OF BOARD OF ZONING APPEALS.
Any person may appeal the decision of the Board to the City
Commission of the City of Boynton Beach within thirty (30) days after
rendition of the decision by the board. The Decision of the City
Commission shall be deemed final subject only to review by writ of
certiorari to the Palm Beach County Circuit Court.
I.
WITHDRAWAL OR DENIAL OF APPLICATION.
1. Upon the denial of an application for relief
hereunder, in whole or in part, a period of one (1) year
must run prior to the filing of a subsequent application
affecting the same property or any portion thereof.
2. Upon the withdrawal of an application, in whole
or In part, a period of six (6) months must run prior to
the filing of a subsequent application affecting the same
property or any portion thereof, unless, however, the
decision of the board is without prejudice; and provided
that the period of limitation shall be Increased to a two..
year waiting period In the event such an application, In
whole or In part, has been twice or more denied or
withdrawn.
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3. An application maybe withdrawn without
prejudice by th~ applicant as a matter of tight; provided
the request for withdrawal is in writing and executed in
a manner and on a form prescribed by the board and
filed with the board at least one (1) week prior to any
hearing scheduled concerning the application;
otherwise, all such requests for withdrawal shall be with
prejudice. No application may be withdrawn after final
action has been taken. When an application is
withdrawn without prejudice, the time limitations for
reapplication provided herein shall not apply.
! i Section 2. Each and every other provision of Chapter 2 not herein
: specifically amended shall remain in full force and effect as previously enacted.
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Section 3. All laws and ordinances applying to the City of Boynton Beach
: in conflict with any provisions of this ordinance are hereby repealed.
! Section 4. Should any section or provision of this Ordinance or any
I' portion thereof be declared by a court of competent Jurisdiction to be Invalid, such
. decision shall not affect the remainder of this Ordinance.
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;: Section 5. Authority is hereby given to codify this Ordinance.
Section 6
This Ordinance shall become effective January 1, 1996.
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:\' SECOND, FINAL READING AND PASSAGE this ~ day of December,
1995.
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FIRST READING this c11/ day of November, 1995.
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CITY OF BOYN,TON BEACH, FLORIDA
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.ComTi~sione, i;1
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, Commissfoner
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elt Clerk
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PLANNING AND ZONING DEPAR~
MEMORANDUM NO. 96-27(
VIII. DEVELOPi"1ENT PLAl.~S
o
cc: Plan, Dev, util
Agenda Memorandum for
May 21, 1996, City Commission Meeting
TO:
Carrie Parker
City Manager f:;)1, iTf/
~['--J/II('-Vl L-~
Tambri J. Heyden ~ L. ";:;)jl
Planning and Zoning irectdt
FROM:
DATE:
May 17, 1996
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.
RECOMMENDATION: 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,
this 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.
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TO: Carrie Parker
-2-
May 17, 1996
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19. Replace the second sentence with the following sentence - Dead Slash Pine trees shall
be included within the tree management document to cover replacement with equal
tree value. Replace the third sentence with - The following tree species is
recommended for use in selecting tree substitutions for areas outside the preserve
area and subsequent amendments to the site landscape plan, accordingly.
21. Add to the end of the first sentence - ... to select appropriate native species of
plants/trees in the preserve area. Any appropriate changes shall be made on the site
landscape plans.
24. Add the following sentence - The trees are clearly shown inside the preserve area,
however, they have not been counted and shown on the sheet.
26. Replace the second sentence only with the following three sentences - The 235 trees
shown on the plan will not all be relocated in the field, but the specific relocation
site shall be indicated. The specific healthy, desirable trees for relocation will be
flagged with ribbon. Some of the trees will be mitigated in accordance with the tree ...,,;
management plan.
TJH:dim
Attachments
xc: Central File
a:CCagMSPM.Ma1
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM #95-252
SITE PLAN REVIEW
ST AFF REPORT
FOR
PLANNING AND DEVELOPMENT 80ARD AND CITY COMMISSION
May 9, 1996
DESCRIPTION OF PROIECT:
Project Name:
80ynton 8each Mall (Department Store F)
Applicant:
De8artolo 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 (lRQ
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)
SUlTOundilll1and
uses and zonifll: (see Exhibit "A" - location map)
North C-16 lake Worth Drainage District (L WDD) 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 8each 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.
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Boynton Beach Mall (Department Store F)
File No. MSPM 96-001
Memorandum #96-252
Proposed
Development:
Concurrency:
Driveways:
Parking Facility:
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(see Exhibit "C" - proposed site plan)
The Boynton Beach Mall is a development of regional impact (DRI).
A recent resolution (R96-26), approved by the City Commission on
February 20, 1996, amended the development order for the mall. In
addition to the standard codes, the mall must comply with the
additional conditions of this development order. This major site plan
modification request includes adding a 162,502 gross leasable square
foot department store, identified as Department Store F, to the
existing mall structure. A two level, above grade, detached parking
structure and revised parking and landscape improvements are
proposed with the request~ Department Store F and the parking
structure are to be located on the west side of the mall.
a.
Traffic -
Traffic review for the proposed mall addition
was previously reviewed and approved as most ...",
recent amendment to the DRI.
b. Drainage-
Insufficient drainage information has been
submitted for the Engineering Division to certify
compliance with the DRI drainage regulations.
The Engineering Division is recommending that
this be postponed to the time of permit review.
The mall has two (2) existing, two-way driveways located on Old
Boynton Road that allow access to a two-way peripheral access aisle
that circles the outside of the mall site. There are three (3) existing
ingress/egress access easements located on Congress Avenue which
lead directly to the mall peripheral access aisle. The peripheral
access aisle allows traffic to circle the mall before entering the
parking facility. The proposed site changes will slightly modify the
access aisle, however, the peripheral access aisle concept will remain.
No changes are proposed to the access system.
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The parking facility at the west side of the mall will be the only
vehicle use area affected by this site plan modification. A detached
two level above grade parking structure housing 640 parking spaces
is proposed for the center of the west side of the mall. Additional
parking will be provided on the L WOO canal right-of-way that is
located in the northwest corner of the mall site. This will be
accomplished by culverting the canal and constructed parking on the
surface. A parking agreement is being fine-tuned between the mall
the LWDD. Based on the gross leasable area identified on the site
data found on sheet SP-1, a total of 6,165 parking spaces are
required. However, due to conflict between the spaces shown on the
site plan sheet SP-1 and the count of spaces at the site the number of
spaces provided cannot be confirmed. It is anticipated that the
number of spaces provided clt the site will meet the city's regulations.
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 meet city regulations.
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Page 3
Boynton Beach Mall (Department Store F)
File No. MSPM 96-001
Memorandum #96-252
Landscaping:
Building and Site
Regulations:
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 DRI
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 DRI 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 achieved by adding the 162,502 square feet of leasable area
of the proposed department store F.
Community Design
Plan: 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:
RECOMMENDATION:
Wall signage has not been submitted.
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
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EXHIBIT "D"
Conditions of Approval
Project name: Boynton Beach Mall - Department Store F
File number: MSPM 96-001
Reference:The olans consist of 21 sheets olus a 10 oaae landscape
reoort identified as 2nd Review. Maior Site Plan Modification, File
# MSPM 96-001 with a March 20. 1996 Plannina and Zonina Deoartment
date stamo markina
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments:
1. Utilities requests a meeting with I
applicant and or the design Engineer
to discuss utility relocations and
permit applications to HRS.
2. The existing water system, on the mall I
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' J
backup space, but reference is also
made to 25' width which must be
removed.
4. The ends of islands must extend out to J
ends of staffs,
5 . Fire lane locations are acceptable, j
but must have minimum 22 foot pavement
width.
6. Need SFWMD & LWDD acceptance prior to J
Engineering approval.
Chap.6,Art.IV,Sec.5A,pg.6-7
7. All landscaped areas shall be provided j
with an automatic water supply system.
Chap.7.5,Art.II,Sec.5B,pg.7.5-14
8. The parking area interior landscaping J
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
J
9 . Provide stop signs and stop bars in J
accordance with the "Manual on Uniform
Traffic control Devices".
Chap.23,Art.IIB2,pg.23-7
QV No more than two access aisles may be
traversed without interruption which I
shall be accomplished by the placement
of wheel stops or the installation of
a raised, continuous curb.
Chap.23/Art.IIE,pg.23-7
1K
11..
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Page 2
Major Site Plan Modification
Boynton Beach Mall - Department Store "F"
MSPM 96-001
DEPARTMENTS
11. The parking garage may require a
security system.
Chap.23,Art.IIJ,pg.23-9
w
INCLUDE
J
12. It is recommended that "heavy duty"
pavement within the driving aisles of
the parking lot.
13. It is recommended that a supplemental
plate be attached below the handicap I
post sign indicating the $250 fine as V
a deterrent.
14. It is recommended that fire lane
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
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
reduced to comply with the
department's record keeping and
microfilm program.
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments:
1i7~There will be mitigation required for
~ 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.
v
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REJECT
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18. A Tree Management Plan must be
submitted for the preserve area f'
comprising 5.283 acres. This document
will address the removal of exotics
from the preserve acreage on a regular
time schedule.
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Page 3
Major Site Plan Modification
Boynton Beach Mall - Department Store "F"
MSPM 96-001
DEPARTMENTS INCLUDE REJECT
( ;{9~'\ Slash pine trees may have been killed j I,{
'-~ by the lack of preserve area .~~
I maintenance required by the DRI since 1tlJW
November 16, 1982 and December 19, -..- ~ \1l
19989. These dead trees will have to At. /
be replaced with equal tree value as rJ-
part of the Tree Management Plan.
Selection of plant materials (plant
list) is as follows:
....l
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
20. It is recommended that a wax myrthle
hedge be installed along the entire
west side of the perimeter block wall
along Javert Street.
21. Plant trees/shrubs in accordance with
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)
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.
/
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Page 6
Memorandum No. 96-236
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
'--'
~ O::AR::::np
nlrln!=l t-n hp 5=ll1hmit-t-pn 5=ln::!11
I INCLUDE
I REJECT i
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Page 8
Memorandum No. 96-236
2nd Review, ,Major Site Plan Modification
Boynton Beach Mall Department Store F
File No.: MSPM 96-001
--/
DEPARTMENTS INCLUDE REJECT
39. On sheet SP-1 modify the site data to
include the following information:
Separately delineate the total
~
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Page 10
Memorandum No. 96- 2.3 6
2nd Review, Major Site Plan Modification
Boynton Beach Mall Department Store F
File No,: MSPM 96-001
'<...-/
DEPARTMENTS
INCLUDE
REJECT
52. Add a note to sheet SP-1 that
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 J'
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 recom~ended
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
required if the parking structure or
Department Store F encroach into an
easement.
J
--/
56. Permit plans shall show compliance
with all applicable codes, ordinances ~
and resolutions.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
TJH/dim
All refuse fl'Olll tbe center section small sbop areas
and tbe department stores will be deposited in comp-
acton wbicb. w11l be located in the mall and department
store service areas. 'The ownerCs) w111 contract with
a City of Boynton Beach licensed vendor for refuse removal
and di~al. ::
.- . .----- "';.;..-_:._!;~.._.~'::'" _7:_........0......-.. ~.
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Development Condltions, Standards & Criteria
A. !!!!
1. Parking lot lighting will be energy efficient, higb II
intensity discbarge metal halide lamps. Illumination
levels shall be between one-half (1) and three quarter
(3/4) footcandle average at grade. The shopping center
parking lot lighting system shall be maintained and
operated by the individual property owners. Minimum
on-site security ligbting will be maintained by Boynton
Beacb, Inc. in tbe event a department store ceases to
operate.
2. Sigos:
The location of tbe sbopping center identification and
vebicle directional sigu are sbowo on Dlrg. Ro. SP-l.
These eigns will be as detailed on Dwc. US-I and MS-2.
3, Storm lines and retention basins sball be sized to
include alc condensate.
4. Landscaping,
Based on tbe site and building landscape plans (Dwg.
No. L-A, L-B, L-C, L-D, BP-l, BP-2 and BP-3) , tbe
requirements of' tbe landscape ordinance ud any otber
ordinance pertaining to Landscape and open space re-
quirements bave been satisfied. The final landscape
construction plan. will be prepared ud in conformance
wi~b the plana listed aboVe.
Required tree. sball be a minimum trunk diameter of
two (2) incbes wbeD measured, four aDd one-half (4i)
feet above grade and required trees shall be a mini~
of eigbt (8) feet In overall beigbt immediately after ~
planting. ,.
. Requirement for bedge along the driveway abutting tbe
Boynton Canal on tbe north property U.ne bas been
waived per aCtion by tbe Connmity Appearance Board.
No one specie of any "tree" will comprise more tban
3o-4OS of tbe total qWUltity used.
Tbe Owner will use native trees and vegetation in sel-
ection of material.,
"Senegal Date Palm" CPbeonu Reclioata) will be removed
from tbe list of Palm Trees,
"Tamarind" (Tamarindus indica) will be replaced witb
"Tamarind" (Lyslloma latisilquum)on tbe tree list,
S. Based on tbe existing vegetatioD OD the property. a
tree preservation penDit 18 not required.
&, Sanitation Service:
.
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9
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MEETING MINU. cS
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
Motion
MAY 14,1996
Mr. Wische moved, on the request for site plan approval to construct a convenience store with
gasoline sales and car wash on 1.13 acres, subject to staff comments that were agreed upon and
discussed this evening. Mr. Aguila seconded the motion,
Vice Chairman Golden said he will vote against this because he has a problem with this entire
project that goes back to the way it was rezoned. Mr. Rosenstock concurred.
The motion carried 4-3. (Vice Chairman Golden and Messrs. Elsner and Rosenstock cast the
dissenting votes.)
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
Request to amend the previously-approved site plan
to construct a 162,502 square foot department store
with parking structure.
At Chairman Dube's request, Mr. Haag used the overhead projector to display the site plan showing
the proposed department store and parking structure.
Malor Site Plan Modification
3.
Project Name:
Agent:
Applicant:
Owner:
Location:
Description:
Mac Conahan. Attornev Dractlclna in Boca Raton. Florida. and Rod Bosler. Senior Proiect
Enaineer. were present on behalf of the petitioner. Mr. Conahan explained that the proposal tonight
is to place a sixth department store at the site. This is essentially the first proposal that was
presented in 1985, and approved in a development order in 1991. In 1991, the proposal for the
sixth department store was shelved. Sears, which was proposed for the sixth department store,
moved into the area vacated by Jordan Marsh. At this time, a store is interested in coming into the
Boynton Beach Mall, and everything looks positive to add another anchor tenant.
With regard to the issue of the preservation area. the 1985 proposal, which ended in 1989, did not
preserve the trees. After years of appeals, a compromise was made to preserve the trees. The
applicant is not proposing any changes to the agreement made in 1991 with respect to the
preservation.
The applicant has had the final form of the comments for only 18 hours. Comments 3, 11, 41, 50
and 54 address the parking deck. Meetings were held today with City staff to address technical
issues related to the ramps, and sizing issues. Mr. Conahan requested leaving these issues for
further discussions with staff prior to the City Commission meeting. He believes the items can be
worked out that deal with internal configuration of the deck. Those items should not affect site plan
issues.
15
MEETING MINU'I cS
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
The following items are clarifications:
Item #10 - This item addresses wheel stops. When the Mall was approved in 1984, no
wheel stops were included for the entire Mall project. The applicant is of the opinion that the
variance which affects the wheel stops is effective for the entire project. The applicant does
not feel it would be appropriate to have wheel stops in a small section of the Mall. The
applicant considers wheel stops dangerous in a site with this configuration, and hopes the
condition was listed for checklist purposes only, and not as a condition of final approval.
Ms. Heyden advised that she was unable to locate the variance. However, if this remains as a
condition, the City Commission can deal with it. Mr. Conahan advised that he sent Ms. Heyden
copies of the meeting minutes proving that a variance exists. Ms. Heyden did not receive 1he copies
of the minutes.
Item #14 - This item deals with fire lane signs. Mr. Bosler said he was unclear whether this
refers to the entire perimeter of the Mall, or the specific site. Having a sign every 50' would
have a tendency to create the appearance of a picket fence. This seems excessive in
conjunction with the striping that is also required. .
Mr. Aguila agreed this seemed to be a waste of money and effort.
Item #33 - Drainage - Mr. Conahan said there will be no further discharge from their
drainage pond, but they will be increasing the impervious areas.
Mr. Bosler felt the intent was that the applicant would not increase the discharge of storm
water off the property. When additional impervious area is added, the volume of run-off is
increased within the existing retention.
Item #26 - Mr. Bosler had several discussions with the City Forester. The applicant plans
to expand the parking lot, relocating the existing cruising lanes around the parking lot, and
doing additional work adjacent to the building that will be required. He indicated that a great
deal of landscaping material would be impacted. Some of that landscape material is not in
healthy condition, and some of it is too large to move economically.
The applicant would like to set out a program where he, the City Forester, and a landscape
architect would walk the site and determine which plant materials could be moved to
different location around the property. There;s some confusion that Item #26 refers to the
235 trees shown on the existing locations. The applicant is anticipating relocating 235 trees.
However, they will relocate all within that \:lroup that are capable of reasonably being
relocated. This is a matter of clarification.
Item #24 - This deals with the existing tree count. There was a survey prepared in
conjunction with the last site plan approval which identified all trees that were on the pine
preserve property. Mr. Bosler assumes there are trees there which were too small to count
and have now grown to the size to be counted, and others have died. The applicant intends
to put together a management plan with the assistance of the City Forester that would call
out how to go through the preserve, clean it out, and then provide ongoing maintenance to
ensure that it is kept clean. Some of the existing plantings in the preserve include Slash
16
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
Pines. This might be the appropriate place for relocation of the trees, If there are gaps in
the pine preserve, the applicant will plant additional pines to fill in the gaps. A great deal of
this area is vine covered today, and there will have to be a process to work through it.
Mr. Aguila pointed out that the logic being proposed sounds good. However, with regard to ongoing
maintenance, he noted that over the last 10 years, no one has done anything with the preserve area.
He inquired what the applicant intends to do in the future if this application is approved.
Mr. Bosler admitted that the development order addresses dealing only with exotics. The
development order did not include a full ongoing management plan, Staff asked the applicant to
prepare a management plan, and the applicant has agreed to that condition. Staff and the City
Forester will review it, and the applicant will comply with it. This will be a condition of approval.
Item #43 - Building Height - There is a requirement to screen any rooftop installations;
however, the requirement states that the screening cannot exceed 45'. There will be
elevator housings on the roof. If the height of the building is 44', it will not be possible to
screen the elevator housing and not exceed the height limitation.
Mr. Aguila explained that this comment relates to roof-mounted air conditioning equipment. An
elevator housing is something entirely different.
Item 137 - Building Height - The proposed store has an arched entrance feature with a
radius over the main entry which takes it to the height of 54'. That is 9' above the entry. In
reviewing the Code, it permits screening and architectural features such as cupolas. The
applicant is hopeful the Commission will allow the architectural feature because it is a
signature of the store. The applicant will seek relief from this height requirement from the
Commission.
Mr. Bosler feels this is a functional feature and will help screen some of the rooftop equipment.
Mr. Conahan said there are clarifications required regarding Items 17, 19,21, and 46. These are
all landscape items which the applicant discussed with the City Forester. The applicant believes
these conditions have been met, but would like to leave them for a meeting he hopes to have with
Mr. Hallahan for clarification purposes. Some materials have been submitted, but the comment was
not deleted.
Mr. Conahan said that an approval from this board will enhance the applicant's ability to bring to
Boynton Beach a store they will be proud of.
In response to Chairman Dube's question, the applicant stated that of the 56 comments listed in
Exhibit "0", he would like Item 1 0 removed. Other than the items mentioned, the applicant has no
objection to complying with the comments. The comments that were mentioned require clarification.
Mr. Rosenstock requested that the applicant address Item #11, security in the parking lot. Mr,
Bosler explained that they are not prepared with a response to that question at this time. The deck
design is in the development and design phase. There have been discussions about lighting, but
there have been no discussions about a security system. He offered to contact the deck consultant
to get his opinion on this item.
17
MEEnNG MINI.. ..is
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14,1996
Mr. Rosenstock expressed concern for the patrons who use this proposed parking facility. He
pointed out that if one person gets mugged in the garage, people will be demanding that our Police
Department provide patrols. Mr. Rosenstock recommends that the applicant provide a security
system which will benefit the community.
Mr. Bosler reminded Mr. Rosenstock that the Mall has a private security company that patrols the
property. The impacts of this parking deck are being assessed. Mr. Bosler offered to provide an
answer to this question for the City Commission. --
In response to Mr. Aguila's question, Ms. Heyden advised that this application will not come back
to the Planning and Development Board relative to the building elevations. Mr. Aguila feels very little
effort was made on the parking garage. It is boring. He asked if the applicant could do something
to make it more aesthetically pleasing.
Mr. Bosler said the applicant has established a high clearance on the ground floor. The customary
floor-to-floor ratio is approximately 11'. The applicant has provided 17' for the first floor. This will
help security. In addition, planter islands have been created that run continuously across the front
of the deck. This will provide a dense landscape screen.
Mr. Aguila recommended breaking up the continuity of the upper level. Mr. Bosler said it is
anticipated that there will be a precast finish. However, the actual detailing has not been refined.
The applicant will be particularly sensitive to the detailing of the facade treatment. This garage must
be open for ventilation and light, but the applicant will come up with a scheme which is functional
and compatible with the remainder of the center. He agreed that the elevations of the Mall are plain.
He is confident the applicant can do much better than what currently exists.
Stella Rossi. 625 Whisoerina Pines Road. said she spoke with people eight years ago regarding
preserving the pine area. According to Resolution 91-37, the conditions of the Development Order
require the pine preserve to be a native habitat in perpetuity, and all exotics must be removed. The
loss of the pines, and the degradation of the site, was due to the fact that nothing was ever done
in the area. A landscape buffer along the west boundary of the preserve along Jarvert was to be
provided; however, that has not been done. Littoral zone plantings were required around existing
retention ponds. This was not done. In order for this preserve to survive, exotics must be removed
periodically and a management plan must be submitted. A buffer should be provided between the
preserve and the new parking on the east. All lighting should be shielded down to eliminate spill
over into the preserve. Littoral plantings should be required on existing and proposed retention
ponds for water flow and aesthetics. All plants should be native. There should be no approval until
a management plan is submitted.
Gary lehnertz. 619 SW 2 Avenue. strongly urged the board to follow Mrs. Rossi's advice. This
developer has made many promises, and not kept them.
Rita Adams. 3562 Noreen Avenue. said she does not understand the reason for covering up the
drainage canal for additional parking. The Mall parking is never full. They should not eliminate the
preserve and wildlife for additional parking that is not necessary. She recommended letting the
applicant add additional parking to the parking garage, and not over the canal.
Oliver Martin. 3527 Kltelv Avenue. is concerned about DeBartolo's noncompliance with Resolution
18
~----~_._--
-~
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
No. 91-37. They have made many promises in the past, but have not come through. He requested
that the board make DeBartolo live up to the terms of the Resolution and abide by rulings made by
the board to enhance and preserve the areas. The residents do not feel they have been treated
fairly by DeBartolo. Previous Commissions have set a bad precedent by not holding the DeBartolo
Corporation to the conditions set forth in the Resolution.
Rebecca Martin. 3527 Kitelv Avenue. requested a permanent 6' high chain link fence landscaped
on the west side around the preserve. She presented a petition from the residents of the area.
MichaellGna. 3513 Harlowe Avenue. lives adjacent to this development and is opposed to any
development in this area, He is concerned about the building height, and wants to see a
management plan before anything is approved. He further reminded the board of the danger of over
expansion.
A resident of 3642 Kitelv Avenue. said he is not opposed to the development of the store and the
parking lot; however, he requested a buffer for the neighborhood.
Chairman Dube pointed out that if this application is approved tonight, Comment #18 states that a
tree management plan must be submitted. If the City Commission approves this plan, the
management plan will be a requirement.
Robert Barn. 3642 Invanhoe Avenue. said there is a concrete wall on the west side of the Mall
facing the development to the west. It contains graffiti. Mr. Barn reported this condition to the Mall,
and was told their maintenance staff would handle it. He made a second call when nothing was
done, and was told it would be taken care of. It is eight months later, and the condition still exists.
If they could not take the time to take care of that small item, why should anyone believe they will
take care of the other items mentioned?
Sam Hoover. 3642 Lothair Avenue. has seen the graffiti on the wall which has not been cleaned
up. He recommended putting the parking structure on the opposite side of the Mall where no
residents will have to look at it. What will happen if they don't follow up on their management plan?
Chairman DuM reported that the City Commission has already discussed pulling out old site plans
to make sure the properties are brought up to their site plan approvals.
Charles Mallhews. 3567 Invanhoe Avenue. lives behind the Mall. The parking garage will serve
no purpose other than to attract undesirables. The integrity of the neighborhood will go down. He
feels this is another scheme by DeBartolo.
Mr. Conahan said when the plan was brought in and approved in 1989, it was approved by the
Regional Planning Council. The plan called for the removal of half of the trees and some of those
provisions were related to the restricted area. In .1991 , there was no requirement for a management
plan. The applicant has now come forward and asked for an extension of the Development Order
which has conditions the applicant will comply with. This site plan approval requires a management
plan.
Mr. Conahan said the issue of graffiti was brought to his attention a few months ago. He is also
19
MEETING MINU l ...5
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14,1996
concerned about this situation. He talked with the Mall representatives and was told it would be
addressed. He stated that he would talk with the representatives again, and if they do not take care
of it, he will paint over it himself.
In response to Vice Chairman Golden's question, Mr. Conahan confirmed that the preserve will be
fenced with a 6' high chain link fence.
Vice Chairman Golden also noted in the staff report that there is an issue of the number of parking
spaces. A variance will be required if the applicant cannot get enough parking spaces. Mr.
Conahan said one of the conditions is to finalize the Lake Worth Drainage District agreement. The
applicant has conceptual approval after discussions with the City Attorney. He believes the exact
language will be approved within the next few days.
Mr. Aguila noted that they are required to provide 6,144 spaces and are actually providing 6,421.
They are over the number of spaces required. Mr. Haag advised that these are the numbers
according to the plan, but the physical count is different.
Mr. Aguila said if they are 277 spaces over, he would recommend that the 44 spaces in the western-
most and southern-most areas be eliminated. The preserve area could stay larger. Also, the
western alignment of the road goes up a space or two. Counting those spaces on the northern half
of the western roadway, you could eliminate 30 or 40 spaces. That would allow the preserve to
grow larger. Based on what is shown, 80 to 100 spaces could be eliminated to make the preserve
larger.
Mr. Conahan said the canal is a disturbed, cut grass canal area. There are issues that may affect
some of the parking spaces relative to the parking garage. In addition, this proposal is under a
development order which was approved by the Commission. The applicant requires that area for
parking to make the project viable.
Mr. Rosenstock pointed out that the closer the individual is to an object, the greater the view is cut
off in the long distance. He recommended that the applicant plant trees along the canal and install
a fence. That will provide a view of greenery instead of cars. The applicant said that will be done.
Mr. Rosenstock also recommended installing a hedge against the buffer wall as a means of
preventing graffiti. Mr. Bosler agreed with this recommendation. He said they wul be providing a
6' high fence and a fast-growing hedge (Cocoplum) fronting it and Waxed Myrtle trees. One of the
conditions requires a continuous row of Waxed Myrtle trees.
Mr. Rosenstock recommended that the applicant vip..", the Federal Building in Fort Lauderdale to see
the plants that have been hung from the parapets on every story of the building. It is very pleasing
to the eye and low in maintenance costs.
Mr. Hill questioned when the graffiti will be removed from the wall. Mr. Bosler said this was the first
he heard of the problem. He will discuss this situation with Mall representatives tomorrow and
request that it be removed within the next day or two.
Ms. Heyden said there were 10 or 12 comments mentioned that required clarification. She
confirmed that Comments 3, 11, 41, 50 and 54 deal with the parking garage. She asked Mr.
20
MEETING MINU 3
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
Heyden tomorrow, and if Ms. Heyden does not agree with their proposal, they will leave it out.
Mr. Aguila requested that the applicant carefully look at the 80 spaces on the west end. and if it is
possible to do without them, he would like to see that area as green area. The applicant agreed to
consider this request.
Mr. Rosenstock agreed to withdraw his first motion.
Motion
On Item 7.8.3., namely, Boynton Beach Mall, Department Store F, applicant DeBartolo Properties
Management, Inc., owner Boynton-JCP Associates, Inc. ltd., a Florida limited partnership, Mr.
Rosenstock moved that this application be approved. This property is located at 801 Congress
Avenue, and their request is to amend the previously-approved site plan to construct a 162,502
square foot department store with parking structure. The approval is pending all of the staff
comments and, particularly, that the City Commission grant relief from Item #10. Mr. Wische
seconded the motion which carried unanimously.
Dr. Elsner left the meeting. Mr. Reed took his place as a voting member.
The Vinings at Boynton Beach - Phase II
CCL Consultants, Inc.
Boynton Beach " limited Partnership, a Florida
limited par1nership, and its assigns
East side of SW 8th Street, approximately 1900 feet
north of Woolbright Road
Request to amend the previously-approved site plan
to increase the number of apartment buildings from
12 to 16, omit building types III and V, add a volleyball
court and reconfigure other recreation amenities, alter
building types II and IV, add a building type VI, and
reconfigure the parking and access area.
Mr. Haag displayed an overlay of the existing approved site plan, and one sbowing the
modifications. Th~ modifications are limited to north of the lake. The layout is the same, but the
largest change is that the proposal now calls for some of the buildings to have garages. This will
eliminate a great deal of the parking spaces around the facility. A number of the units did not
change.
4.
Project Name:
Agent:
Applicant/Owner:
Location:
Description:
Louis CamDanile of eCl Consultants. introduced Bettina Scher. who advised that she was
present to answer any questions posed by the members and to work out any of their concerns with
the comments promulgated by the various City departments.
Item #3 - This is a Fire Department comment relative to lift station access. The applicant
is not sure if this comment means from the north or from their project. They need
clarification on this comment and will work it out prior to City Commission.
Item #9 - This is no longer a concern of Mr. Hukill's after meeting with the applicant today,
22
,--------------~
~~-,~-_.
----...--.--- -
MEETING MINU . ..;5
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14,1996
concerned about this situation. He talked with the Mall representatives and was told it would be
addressed. He stated that he would talk with the representatives again, and if they do not take care
of it, he will paint over it himself.
In response to Vice Chairman Golden's question, Mr. Conahan confirmed that the preserve will be
fenced with a 6' high chain link fence.
Vice Chairman Golden also noted in the staff report that there is an issue of the number of parking
spaces. A variance will be required if the applicant cannot get enough parking spaces. Mr.
Conahan said one of the conditions is to finalize the Lake Worth Drainage District agreement. The
applicant has conceptual approval after discussions with the City Attorney. He believes the exact
language will be approved within the next few days.
Mr. Aguila noted that they are required to provide 6,144 spaces and are actually providing 6,421.
They are over the number of spaces required. Mr. Haag advised that these are the numbers
according to the plan, but the physical count is different.
Mr. Aguila said if they are 2n spaces over, he would recommend that the 44 spaces in the western-
most and southern-most areas be eliminated. The preserve area could stay larger. Also, the
western alignment of the road goes up a space or two. Counting those spaces on the northern half
of the western roadway, you could eliminate 30 or 40 spaces. That would allow the preserve to
grow larger. Based on what is shown, 80 to 100 spaces could be eliminated to make the preserve
larger.
Mr. Conahan said the canal is a disturbed, cut grass canal area. There are issues that may affect
some of the parking spaces relative to the parking garage. In addition, this proposal is under a
development order which was approved by the Commission. The applicant requires that area for
parking to make the project viable.
Mr. Rosenstock pointed out that the closer the individual is to an object, the greater the view is cut
off in the long distance. He recommended that the applicant plant trees along the canal and install
a fence. That will provide a view of greenery instead of cars. The applicant said that will be done.
Mr. Rosenstock also recommended installing a hedge against the buffer wall as a means of
preventing graffiti. Mr. Bosler agreed with this recommendation. He said they WHI be providing a
S' high fence and a fast-growing hedge (Cocoplum) fronting it and Waxed Myrtle trees. One of the
conditions requires a continuous row of Waxed Myrtle trees.
Mr. Rosenstock recommended that the applicant vil='''V the Federal Building in Fort Lauderdale to see
the plants that have been hung from the parapets on every story of the building. It is very pleasing
to the eye and low in maintenance costs.
Mr. Hill questioned when the graffiti will be removed from the wall. Mr. Bosler said this was the first
he heard of the problem. He will discuss this situation with Mall representatives tomorrow and
request that it be removed within the next day or two.
Ms. Heyden said there were 10 or 12 comments mentioned that required clarification. She
confirmed that Comments 3. 11, 41, 50 and 54 deal with the parking garage. She asked Mr,
20
_ ~_ ___ __ n_ _.._ _ J _..__. .. ...._to _-w ....,...1""'...,.... "',.. ""1 ~"QI: ".11 IVI ioU
recommendation to the full CommissiOn~'-lf not approved when submitted to the CommiSSion, they
will have to make a decision.
M Heyden slated that it is staffs opinion that aU of these comments st~nd and are necessary. Vice
C~~irman Golden said the board is moving forward with approval subject to these comments.
Ms. Heyden questioned whether or ~ot the board had a recommendation relative to the pitch on the
aisles in the parking garage or the fire lanes..
Mr, Rosenstock said he agrees with the deveklper that signs every 50' in the fire lane will look
terrible.
nahan said he realizes the approval will be subject to the comments,; however, the applicant
~rt i~~as necessary to indicate that clarifying discussion is necessary. He IS hopeful staff WI' III agt re.e'l
. f ff d t a ree with what the applicant works out, the app Ican WI
;:~c=~~~~~~~~~~~i~ns:th t:s~~dit~ns listed. Mr. Conahan will discuss this further with Ms.
MEETING MINU .3
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
Heyden tomorrow, and if Ms. Heyden does not agree with their proposal, they will leave it out.
Mr. Aguila requested that the applicant carefully look at the 80 spaces on the west end. and if it is
possible to do without them, he would like to see that area as green area. The applicant agreed to
consider this request.
Mr. Rosenstock agreed to withdraw his first motion.
Motion
On Item 7.B.3., namely, Boynton Beach Mall, Department Store F, applicant DeBartolo Properties
Management, Inc., owner Boynton-JCP Associates, fnc. ltd., a Florida limited partnership, Mr.
Rosenstock moved that this application be approved This property is located at 801 Congress
Avenue, and their request is to amend the previously-approved site plan to construct a 162,502
square foot department store with parking structure. The approval is pending all of the staff
comments and, particularly, that the City Commission grant relief from Item #10. Mr. Wische
seconded the motion which carried unanimously.
Dr. Elsner left the meeting. Mr. Reed took his place as a voting member.
The Vinings at Boynton Beach - Phase II
Cel Consultants, Inc.
Boynton Beach " Limited Partnership, a Florida
limited partnership, and its assigns
East side of SW 8th Street, approximately 1900 feet
north of Woolbright Road
Request to amend the previously-approved site plan
to increase the number of apartment buildings from
12 to 16, omit building types 11/ and V, add a volleyball
court and reconfigure other recreation amenities. alter
building types II and IV, add a building type VI, and
reconfigure the parking and access area.
Mr. Haag displayed an overlay of the existing approved site plan, and one sbowing the
modifications. Th~ modifications are limited to north of the lake. The layout is the same, but the
largest change is that the proposal now calls for some of the buildings to have garages. This will
eliminate a great deal of the parking spaces around the facility. A number of the units did not
change.
4.
Project Name:
Agent:
Applicant/Owner:
Location:
Description:
louis Camoanile of CCl Consultants. introduced Bettina Scher. who advised that she was
present to answer any questions posed by the members and to work out any of their concerns with
the comments promulgated by the various City departments.
Item #3 - This is a Fire Department comment relative to lift station access. The applicant
is not sure if this comment means from the north or from their project. They need
clarification on this comment and will work it out prior to City Commission.
Item #9 - This is no longer a concern of Mr. Hukill's after meeting with the applicant today.
22
---
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
Conahan to expound on those issues. Mr. Conahan explained that the applicant went before the
TRC today_ There were a number of issues that were raised by Mr. Hukill about turning areas and
the mechanics of the deck. There will be a meeting tomorrow to work out those details. Comments
#3 and 50 are inconsistent. Comment #50 should be the surviving condition of the two.
Ms. Heyden said the conflict between Comments #3 and 50 can be taken care of, However, she
questioned whether the applicant was objecting to Commer"ts #11 , 41, and 54.
Mr. Conahawt saicLthe issue of security was already discussed. The applicant agrees to discuss this
issue with slaff this week. With respect to Comment #41 , at today's meeting, there was a discussion
of a number of items regarding the columns, stairs, wall, and elevators on grades 2 and 3 of the
parking gar:age. Clarification is needed to iron out these comments.
Vice Chairman Golden advised that these comments will be included as conditions to be worked
out with stall.
Motion
Mr. RosenstJck moved to approve pending all recommendations of the staff, and they can work it
out. Mr. Wische seconded the motion.
Chairman Cube stated that the applicant did not object to anything other than the one comment
mentioned earlier. Ms. Heyden said there are six comments staff did not have an opportunity to
respond to. Chairman Dube was of the opinion they were clarified during the earlier discussion.
Vice Chairman Golden advised that the applicant needs to deal with staff prior to the City
Commission meeting. Ms. Heyden advised that staff has reviewed these comments with the
applicant, arm agreement cannot be reached on some of them. The applicant stated that there is
a need to meet with staff to determine the language of some of these issues. The applicant does
not have any problem with this board indicating that approval is subject to the conditions, but also
subject to fur1her discussions with staff prior to City Commission approval.
Mr. Rosenstock said he intends to stipulate that all items by staff must be approved by staff prior to
recommendation to the full Commission. If not approved when submitted to the Commission, they
will have to make a decision.
Ms. Heyden ,stated that it is staffs opinion that all of these comments stand and are necessary. Vice
Chairman Golden said the board is moving forward with approval subject to these comments.
Ms. Heyden CJlestioned whether or not the board had a recommendation relative to the pitch on the
aisles in the parking garage or the fire lanes.
Mr. Rosenstock said he agrees with the developer that signs every 50' in the fire lane will look
terrible.
Mr. Conahan said he realizes the approval will be subject to the comments; however, the applicant
felt it was necessary to indicate that clarifying discussion is necessary. He is hopeful staff will agree
with what they work out. If staff does not agree with what the applicant works out, the applicant will
proc~ed to the Commission with the conditions listed. Mr. Conahan will discuss this further with Ms.
21
m
n w ~ rn
JJt - 5 1996
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
---- (;
.- J 61/L(
APPLICANT: Boynton Beach Mall, Department Store F
APPLICANT'S AGENT: Cormac C. Conahan. Eso.. with Hodason. Russ. Andrews. Woods
& Goodyear. aaent for DeBartolo Properties Manaaement. Inc..
DATE OF HEARING BEFORE CITY COMMISSION: May 17.1996
TYPE OF RELIEF SOUGHT: Seekina to amend the previously approved site plan to
construct a 162.502 wouare foot department store with parkina structure at 801 North
Conaress Avenue.
LOCATION OF PROPERTY: 801 North Conaress Avenue,
DRAWING(S): SEE EXHIBIT "B" 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.
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 "C" with the notation "Included".
4.
The Applicant's application for relief is hereby
_x_ 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: ~A1g ..D .1996
~d~~J.Q# ~'.<2J L
Cit Clerk
ORDINANCE NO. 091-~~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REZONING A
CERTAIN PARCEL OF LAND WITHIN THE CITY OF
BOYNTON BEACH, FLORIDA FROM C-3 (COMMUNITY
COMMERCIAL) TO REC (RECREATION); PROVIDING
FOR APPROPRIATE NOTATIONS ON THE OFFICIAL
ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
:Florida, has adopted a Comprehensive Plan by Ordinance 89-38 in
accordance with Chapter 163, Florida Statutes; and
WHEREAS, Christopher Cutro, Planning Director of this City,
has heretofore filed a Petition with the City of Boynton Beach,
Florida, pursuant to Section 9 of Appendix A - Zoning, of the
Code of Ordinances, City of Boynton Beach, Florida, for the
!purpose of implementing the recommendations in Planning Area 7.d
of the Land Use Problems and Opportunities Section of the 1989
Ci ty of Boynton Beach Comprehensive Plan by rezoning a certain
parcel of land wi thin the municipal limits of said City, said
i
:~roperty being more particularly described hereinafter, from C-3
;
:~ommunity Commercial) to REC (Recreation); and
WHEREAS, after public hearing and study, and after
't:onsideration of the recommendation of the City's Planning and
~oning Board, the City Commission deems it to be in the best
'interest of the inhabitants of said City to rezone the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
pITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The following described land, located in the
I~ity of Boynton Beach, Florida, to wit:
A parcel of land lying in Section 19,
Township 45 South, Range 43 East, Palm Beach
County, Florida, being more particularly
described as follows:
Commence at the center of said Section 19;
thence North 00 degrees 51' West, along the
North South 1/4 Section line of said Section,
a distance of 35 feet; thence North 87
degrees 58' 21" East a distance of 20.00 feet
to the principal point and place of beginning
of the following description:
Thence continuing North 87 degrees 58' 21"
East along the North R/W line of Canal L-23 a
distance of 66' to a point; thence South 00
degrees 51' 51" East a distance of 85' to a
point on the South Right of Way line of the
85' wide Canal L-23; thence South 87 degrees
58' 21" West along said R/W line a distance
(08-43'45-19-90-000-1020)
~
.,--,
-
-
--'
.....
..........
.,
NOT ICE 0 F Z 0 N I N G C H A N G E
C I T Y 0 F BOY N TON B E A C H
PUB L I C H EAR I N G S
The city of Boynton Beach proposes to rezone the following
properties for the purpose of implementing the recommendations
contained in the 1989 Comprehensive Plan. The 1989 Comprehensive
Plan was adopted by Ordinance Number 89-38 on November 7, 1989.
Public hearings on these proposals will be held before the
Planning and Zoning Board on July 9th, 1991 at 7:00 P.M., and
before the City Commission on August 6th" 1991 at 7:00 P.M.
These public hearings will be held in the City Commission
Chambers in Boynton Beach City Hall at 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
'~~~~rr:~9ff1h~ll~."
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APPLICATION NUMBER 28
PETITIONER:
PROJECT NAME:
1
City of Boynton Beach
Planning Area 7.d (Land Use Problems and
Opportunities)
Southwest portion of parcel at the northwest
corner of the Boynton Beach Mall.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Blvd., Boynton Beach, Florida
Recreation
REZONE:
From: C-3 (community Commercial)
To: REC (Recreation)
LOCATION:
LEGAL:
LAND USE:
REQUEST:
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD, ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED.
PLEASE CALL (407) 738-7490 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
ORDINANCE NO. 091-~~
! i
I
I
AN ORDINANCE OF THE CITY COMMISSION OF
THE. CITY OF BOYNTON BEACH, FLORIDA,
REZONING A CERTAIN PARCEL OF LAND WITHIN
THE CITY OF BOYNTON BEACH, FLORIDA FROM
CG (GENERAL COMMERCIAL) IN PALM BEACH
COUNTY TO REC (RECREATION); PROVIDING
FOR APPROPRIATE NOTATIONS ON THE
OFFICIAL ZONING MAP; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AUTHORITY TO CODIFY, AND AN EFFECTIVE
DATE.
, :
WHEREAS, the City Commission of the City of Boynton Beach,
IFlorida, has adopted a Comprehensive Plan by Ordinance 89-38 in
! !
laccordance with Chapter 163, Florida Statutes; and
I:
I' WHEREAS, Christopher Cutro, Planning Director of this City,
, '
ihas heretofore filed a Petition with the City of Boynton Beach,
Florida, pursuant to Section 9 of Appendix A - Zoning, of the
I
i
,
tode of Ordinances, City of Boynton Beach, Florida, for the
purpose of implementing the recommendations in Planning Area 7.d
I
i
rf the Land Use Problems and Opportunities Section of the 1989
ti ty of Boynton Beach Comprehensive Plan by rezoning a certain
i
iparcel of land within the municipal limits of said City, said
!property being more particularly described hereinafter, from CG
I K General Commercial) in Palm Beach County to REC (Recreation);
,and
i i
WHEREAS, after public hearing and study, and after
,
ponsideration of the recommendation of the City's Planning and
~oning Board, the City Commission deems it to be in the best
~nterest of the inhabitants of said City to rezone the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The following described land, located in the
City of Boynton Beach, Florida, to wit:
A parcel of land lying in Section 19,
Township 45 South, Range 43 East, Palm
Beach County, Florida, being more
particularly described as follows:
Commence at the center of said Section
19; thence North 00 degrees 51' 51"
West, along the North South 1/4 Section
line of said Section, a distance of 35
(08-43-45-19-00-000-1020)
; i
feet; Thence North 87 degrees 58' 21 "
East, a distance of 40.00 feet to the
principal point and place of beginning
of the following description:
Thence North 00 degrees 51' 51" Wes t a
distance of 1191.23 feet to a point;
Thence North 88 degrees 05' 26" West a
distance of 337.73 feet to a point;
thence South 00 degrees 05' 26W West a
distance of 141.67 feet to a point;
thence 226.75 feet along an Arc to the
right having a radius of 324.80 feet and
an delta angle of 40 degrees 00' 00";
thence 300.36 feet along an arc to the
left having a radius of 420.20 feet and
a delta angle of 40 degrees 57' 17" ;
thence South 00 degrees 51' 51" East a
distance of 249.60 feet to a point;
thence South 30 degrees 00' 00" West a
distance of 208.61 feet to a point;
thence South 00 degrees 51' 51" East a
distance of 143.23 feet to a point;
thence South 87 degrees 58' 21" West a
distance of 46.00 feet to the point of
beginning and containing 5.16 acres of
land more or less.
pe and the same is hereby rezoned from CG (General
i
Fommercial) in Palm Beach County to REC (Recreation).
Section 2.
The City administration shall make an
~ppropriate notation on the City's Official Zoning Map
, I
~ndicating the rezoning, pending the adoption of a revised
I
Official Zoning Map.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 4.
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
I invalid, such decision shall not affect the remainder of
:this ordinance.
Section 5. Authority is hereby granted to codify said
ordinance.
Section 6.
This ordinance shall become effective
immediately upon passage.
FIRST READING this /~ day of
~ t'. <f
,
i19 9 1.
SECOND, FINAL READING and PASSAGE this
/luaus-r , 1991.
~ day of
CITY OF BOYNTON BEACH, FLORIDA
,i
I
~ I .
l,{!-~
Mayor /-
~~:. -
Vice Mayor ~
~~
Comm'ssioner
, I
I
l:
, ,
ATTEST:
..~.~ /ti~~~<2L--
"1. ~.J.erk
i,
i!
,(Corporate Seal)
I
'I
iREZONE2.DOC
!17/9/91
, ,OSA 1\ON M!\P
-'APPL\CA ,\ON '-:IF ..-"\ 5 rhfF~Y
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NOT ICE 0 F Z 0 N I N G C H A N G E
C I T Y 0 F BOY N TON B E A C H
PUB L I C H EAR I N G S
The city of Boynton Beach proposes to rezone the following
properties for the purpose of implementing the recommendations
contained in the 1989 Comprehensive Plan. The 1989 Comprehensive
Plan was adopted by ordinance Number 89-38 on November 7, 1989.
Public hearings on these proposals will be held before the
Planning and Zoning Board on July 9th, 1991 at 7:00 P.M., and
before the City Commission on August 6th" 1991 at 7:00 P.M.
These public hearings will be held in the City Commission
Chambers in Boynton Beach City Hall at 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
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APPLICATION NUMBER 15
(POSTPONED FROM AN EARLIER DATE)
,
city of Boynton Beach
Planning Area 7.d (Land Use Problems and
Opportunities)
Western portion of parcel at the northwest
corner of the Boynton Beach Mall.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Blvd., Boynton Beach, Florida
Recreation
REZONE:
From: CG
To: REC
(Palm Beach county, General Comm.)
(Recreation)
PETITIONER:
PROJECT NAME:
LOCATION:
LEGAL:
LAND USE:
REQUEST:
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD., ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSID~RED AT THESE
MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED.
PLEASE CALL (407) 738-7490 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
ORDINANCE NO. 091-~J1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REZONING A CERTAIN PARCEL OF LAND WITHIN
THE CITY OF BOYNTON BEACH, FLORIDA FROM
CG (GENERAL COMMERCIAL) IN PALM BEACH
COUNTY TO C-3 (COMMUNITY COMMERCIAL);
PROVIDING FOR APPROPRIATE NOTATIONS ON
THE OFFICIAL ZONING MAP; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AUTHORITY TO CODIFY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
rlorida, has adopted a Comprehensive Plan by Ordinance 89-38 in
iaccordance with Chapter 163, Florida Statutes; and
WHEREAS, Christopher Cutro, Planning Director of this City,
i
I
:~as heretofore filed a Petition with the City of Boynton Beach,
i
! florida, pursuant to Section 9 of Appendix A - Zoning, of the
;~ode of Ordinances, City of Boynton Beach, Florida, for the
Ii
:purpose of implementing the recommendations in Planning Area 7.d
, I
iPf the Land Use Problems and Opportunities Section of the 1989
,
Ci ty of Boynton Beach Comprehensive Plan by rezoning a certain
I!
i parcel of land wi thin the municipal limits of said City, said
:property being more particularly described hereinafter, from CG
I
i i( General Commercial) in Palm Beach County to C-3 (Community
I
,Commercial); and
,I WHEREAS, after public hearing and study, and after
bonsideration of the recommendation of the City's Planning and
: ~oning Board, the City Commission deems it to be in the best
! i
i~nterest of the inhabitants of said City to rezone the property.
I
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
: FITY OF BOYNTON BEACH, FLORIDA, THAT:
! I
Section 1.
The following described land, located in
the
City of Boynton Beach, Florida, to wit:
A parcel of land lying in Section 19,
Township 45 South, Range 43 East, Palm
Beach County, Florida, being more
particularly described as follows:
All of that area between the Western R/W
line of the 85' wide canal L-23 as laid
now and in use, and the following
described parcel:
Commence at the center of said Section
19; thence North 00 degrees 51' 51"
West, along the North South 1/4 Section
line of said section, a distance of 35
feet; thence North 87 degrees 58' 21 "
(08-43-45-19-00-000-1020)
~
, I
East, a distance of 40.00 feet to the
principal point and place of beginning
of the following description:
I,
Thence North 00 degrees 51' 51" West a
distance of 1191.23 feet to a point;
thence North 88 degrees 05' 26" West a
distance of 337.73 feet to a point;
thence South 00 degrees 05' 26" West a
distance of 141.67 feet to a point;
thence 226.75 feet along an arc to the
right having a radius of 324.80 feet and
a delta angle of 40 degrees 00' 00";
thence 300.36 feet along an arc to the
left having a radius of 420.20 feet and
a delta angle of 40 degrees 57' 17";
thence South 00 degrees 51' 51" East a
distance of 249.60 feet to a point;
thence South 30 degrees 00' 00" West a
distance of 208.61 feet to a point;
thence South 00 degrees 51' 51" East a
distance of 143.23 feet to a point;
thence South 87 degrees 58' 21" West a
distance of 46.00 feet to the point of
beginning.
I;
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be and the
.bommerCial)
'I
i~ommerCial).
, ,
, I
containing
less.
1.65 acres of land more or
same
is
hereby
rezoned
from
CG
(General
in
Palm
Beach
County
to
C-3
(Community
i
i i
Section 2.
The City administration shall make an
Official Zoning Map.
;
Section 3. That all ordinances or parts of ordinances
r
conflict herewith be and the same are hereby repealed.
Section 4.
Should any section or provision of this
, I
: brdinance or portion hereof, any paragraph, sentence, or
I
~ord be declared by a court of competent jurisdiction to be
linvalid, such decision shall not affect the remainder of
;
Ithis ordinance.
Section 5. Authority is hereby granted to codify said
ordinance.
Section 6.
This ordinance shall become effective
;immediately upon passage.
FIRST READING this /~ day of
Vi,; L.V
,
, :19 9 1 .
h day of
SECOND, FINAL READING and PASSAGE this
#t/6!a'.:5-r , 1991.
:fTTEST:
~r""'~'.t:4r, W<.:1.~"
: i Clerk
,
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i~corporate Seal)
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~E;ZONE5.DOC
~/10/91
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CITY OF BOYNTON BEACH, FLORIDA
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Mayor ' /" --
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Vice Ma:or~
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Co issioner
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NOT ICE 0 F Z 0 N I N G C H A N G E
C I T Y 0 F BOY N TON B E A C H
PUB L I C H EAR I N G S
The city of Boynton Beach proposes to rezone the following
properties for the. purpose of implementing the recommendations
contained in the 1989 Comprehensive Plan. The 1989 Comprehensive
Plan was adopted by Ordinance Number 89-38 on November 7, 1989.
Public hearings on these proposals will be held before the
Planning and Zoning Board on July 9th, 1991 at 7:00 P.M" and
before the city Commission on August 6th, 1991 at 7:00 P.M.
These public hearings will be held in the City Commission
Chambers in Boynton Beach city Hall at 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
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," . 8
BEACH
R3
NUMBER 27
PETITIONER:
PROJECT NAME:
"
City of Boynton Beach
Planning Area 7.d (Land Use Problems and
Opportunities)
Eastern portion of th~ parcel at the northwest
corner of the Boynton Beach Mall.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Blvd., Boynton Beach, Florida
Local Retail Commercial
REZONE:
From: CG
To: C-3
(palm Beach County General Comm.)
(Community Commercial)
LOCATION:
LEGAL:
LAND USE:
REQUEST:
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH ~HE APPEAL IS BASED,
PLEASE CALL (407) 738-7490 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
,..-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 5, 199
6. Proposed Resolution No. R9l-36
Re: Authorizing the Mayor and City Clerk to execute
release - Palm Beach County vs. Town of Palm Beach,
et al (Road and Bridge Matter)
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTO
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CERTAIN RELEASE BETWEEN THE CITY OF BOYNTON BEAC
FLORIDA AND PALM BEACH COUNTY, FLORIDA, WHICH IS ATTACHED
HERETO AS EXHIBIT I A ': AND PROVIDI F V "
Pr osed Resolution No. R91-37 Re: Amendment to
Development Order for Boynton Beach Mall - Sears
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTa
BEACH, FLORIDA, MAKING FINDINGS AND CONCLUSIONS OF LAW
PERTAINING TO THE BOYNTON BEACH SHOPPING MALL, A DEVELOPME
OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A
DEVELOPMENT ORDER BY THE CITY OF BOYNTON BEACH IN COMPLIAN
WITH LAW: PROVIDING AN EFFECTIVE DATE: AND PROVIDING A
TERMINATION DATE"
8. Proposed Resolution No. R91-38 Re: Approval of
proposal for Employee Pension Plan Actuarial Firm
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTO
BEACH, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE PENSION
BOARD TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL ACTUARIA
SERVICES BETWEEN GABRIEL, ROEDER, SMITH & COMPANY AND THIS
CITY. "
Commissioner Weiner moved to adopt the Resolutions in C,
items 1 through 8 (Resolution Nos. R91-31 through R91-38
inclusive). Vice Mayor Wische seconded the motion, and th
motion carried 5-0.
D. Other
1. Repealing Section 33 of City Charter concerning
codification of Ordinances and creating a new sectio
entitled Ordinances (Ordinance No. 091-16)
City Attorney Goren read Ordinance 091-16 by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTO
BEACH, FLORIDA, REPEALING SECTION 33 OF THE CITY CHARTER
CONCERNING CODIFICATION OF ORDINANCES AND CREATING A NEW
SECTION 1-9 OF THE CODE OF ORDINANCES, ENTITLED 'ORDINANCE:
10
...
.
f -., Wl>P.KoJG '-0/-'/
10 u. N./w hiS/A! 11:......'iO/
RESOLUTION NO. (t91- ~ 1
Amending prior Development Orders
Adopted November 16, 1982 and
December 19, 1989
A Resolution of the City Commission of the City of
Y"\ ....._...__
D,,=,~ch,
Florida,
making findings and conclusions of law
l,ertl!ining to the Boynton Beach Shopping Mall, a Development of
Regional Impact, and constituting this Resolution as a Develop-
ment Order by the City of Boynton Beach in compliance with law;
providing an effective date~ and providing a termination date.
WHEREAS, Applicant has had a Development Order approved
by the Board of County Commissioners of Palm Beach County ("Reso-
JIllion No. R-74-343) on May 7, 1974 which was adopted by the City
'_'n November 16, 1982; which permitted 1,108,000 square feet of
gross leasable area~ and
WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has
filed a Development of Regional Impact Application for Amended
Development Approval with the City of Boynton Beach, Florida, in
~ccordance with Section 380.06, Florida Statutes; and
WHEREAS, said Applicant proposes to construct a total
'j[ J,244,449 square feet of commercial retail gross leasable
space on the real property whose legal description is set forth
in Exhibit "A" (attached to Resolution 89-UUU) and located in
the City of Boynton Beach, Florida; and
WHEREAS, the City Commission as the governing body of
Lhe City of Boynton Beach having jurisdiction, pursuant to Chap-
ter 380, Florida Statutes, is authorized and empowered to con-
sider Applications for Amended Development Approval for Develop-
JIl'?nts of Regional Impact; and
WHEREAS, the City Commission on the 19th day of
- 1 -
j>'~(7GS. /4--/1 /AX.&/{lj'Y':'
V SuRtl.f;. Y t\NO
C)(I.,),R,T.J /1;>'
~
December, 1989, held a duly noticed public hearing on the Devel-
opment of Regional Impact Application for Amended Development
Approval and has heard and considered the testimony taken
thereat; and
WHEREAS, the Applicant has revised the Site Plan in
~=ccrdance with recommendations of the City of Boynton Beach and
consistent with the intent of the requirements of the Treasure
Coast Regional Planning Council relative to the Pine Area in the
northwest corner of the site as shown on Exhibit "1". The Site
Plan submitted as Exhibit "2" hereto is herein approved by the
City Commission and no further Site Plan review or variances are
necessary to construct and occupy improvements in accordance with
the Plan except as necessary to adjust parking ratios to imple-
ment the recommendation of the Treasure Coast Regional Planning
Council and the City of Boynton Beach regarding the Pine Area;
and
WHEREAS, the City Commission has received and con-
sidered the assessment report and recommendations of the Treasure
Coast Regional Planning Council; and
WHEREAS, the Treasure Coast Regional Planning Council
has appealed the Amended Development Order adopted December 19,
1989 and the Applicant has agreed to certain modifications to
the Amended Development Order as set forth herein, therefore,
this Resolution shall be deemed to be a settlement of the appeal.
WHEREAS, the City Commission has made the following
Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. The proposed Development is not in an Area of
Critical State Concern designated pursuant to the provisions of
Section 380.06, Florida Statutes;
- 2 -
"
.
2. The State of Florida has not adopted a land
development plan applicable to the area in which the proposed
uevelopment is to be located~
3. The proposed Development is consistent with the
report and recommendations of the Treasure Coast Regional Plan-
ning Council submitted pursuant to Section 380.06 (12) (2), FlorJ.rlA
Statutes~
4. The proposed Development is consistent with the
local comprehensive plan, zoning and development laws and regula-
tions of the City. If the City staff requests a Comprehensive
Plan Amendment or rezoning of the Pine Area as defined in Condi-
tion 2 in the future, the Applicant will comply with such
request.
5. The premises are correct and hereby accepted by the
City.
CONCLUSIONS OF LAW
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, in public meeting, duly con-
stituted and assembled this
oS
day of
/J'/ ...q /f C!.. H
1991,
that the Development of Regional Impact Application for Amended
Development Approval approved December 19, 1989 is
hereby
modified, by replacing ~he conditions, restrictions and limita-
tions under the headings "CONCLUSIONS OF LAW" and "CONDITIONS OF
DEVELOPMENT ORDER AS AMENDED" in pages 3 through 8, set forth in
Resolution No. 89-UUU with the following conditions, restrictions
and limitations:
~plication for Development Approval
1. The Application by Boynton-JCP Associates, Ltd.
for Amended Development Approval is incorporated herein by refer-
ence and relied upon by the Parties in discharging their
- 3 -
~
statutory duties under Chapter 380, Florida Statutes. The Appli-
cant is Boynton-JCP Associates, Ltd. and shall hereafter include
the successors and assigns of Boynton-JCP Associates, Ltd. Sub-
stantial compliance with the representations contained in the Ap-
plication for Amended Development Approval as modified by the
terms and conditions herein is a condition of approval. For pur-
poses of this condition, the Application for Amended Development
Approval shall include the following items. Application for
Development Approval dated August 18, 1988, and supplemental
information dated September 14, 1988 and December 12, 1988.
Commencement and Progress of Development
2. Failure to initiate construction and physical
development within two years from the effective date of the
Development Order, or failure to maintain reasonable progress
toward completion of the development after having initiated con-
struction in a timely manner, shall constitute a substantial
deviation and the development shall be submited 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 evi-
dence 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.
Termination Date
3. This Development Order shall terminate on December
~J, 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 1,108,000 square
foot of gross leasable area of the existing Boynton Beach Mall.
- 4 -
:'
CONDITIONS OF DEVELOPMENT ORDER AS AMENDED
1. Except as specifically amended herein, all condi-
tions specified in the 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 con-
struction 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" in the northwest
quadrant of the site by recording appropriate Restrictive Cove-
nants which, prior to recording, shall be approved by the Trea-
sure 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 "I".
6. A. The use of grassy swales to pretreat runoff
- 5 -
~
before conveying any runoff to the detention ponds shall be uti-
lized 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 native woody spe-
c!ee. Prior to conetruction and planting nf ~h~ ';~tn~Al 7nn~~.
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) spec-
ify how vegetation is to be established within the littoral
zones; and (4) provide a description of any monitoring and main-
tenance procedures to be followed in order to assure the con-
tinued 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 vege-
tated littoral zone per linear foot of shoreline shall be estab-
lished so that at least sixty percent of the shoreline has a veg-
etated 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 Amended Development
Order.
7. Under no circumstances shall pn~t 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
- 6 -
."
construction of any additional square footage under this Amended
Development Order, until the developer has prepared 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 disc ~_"''''''-'''' t-.. ~ ~:-;LJ':1't :)f ':' ~ '
h..~"lrd-
ous materials proposed to be stored, used, or generated on the
premises;
B. Provide minimum etandards and procedures for
storage, prevention of spills, containment of spills, and trans-
fer and disposal of such materials;
C. Provide for proper maintenance,
and monitoring of hazardous materials management
including spill and containment systems;
operation,
systems,
D. Detail actions and procedures to be
in case of an accidental spill;
followed
E. Guarantee financial responsibility for spill
clean-up; and
F. Require the inspection of premises storing,
using, or generating hazardous materials prior to commencement of
operation and periodically thereafter, to assure that the provi-
sions of the plan are being implemented.
9. No building permits for the Boynton Beach Mall
Substantial Deviation 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. No dedications
are necessary to implement the Substantial Deviation.
- 7 -
~
.
10. No building permits shall be issued for the
Boynton Beach Mall Substantial Deviation until contracts have
been let for the following roadway improvements:
A. Construct Old Boynton West Road between Mili-
tary Trail and Lawrence Road as a four-lane divided roadway.
No Certificates of Occupancy shall be issued for
the Boynton Beach Mall Substantial Deviation until the improve-
ments under A above have been completed. With respect to the con-
struction of the roadway improvements, if the Treasure Coast
Regional Planning Council (hereinafter the "Council") makes a
change in its adopted Regional Comprehensive Policy Plan (here-
inafter 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 Substantial Deviation 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 Substantial Deviation until contracts have
been let to construct to the following intersection configura-
tions, including signalization modifications as warranted by
City, County, or State criteria:
A. Hypoloxo Road/Congress Avenue
Northbound Southbound
one right-turn lane
two through lanes
two left-turn lanes
one right-turn lane
two through lanes
two left-turn lanes
- 8 -
:'
Eastbound
Westbound
one right-turn lane
two through lanes
two left-turn lanes
one right-turn lane
two through lanes
two left-turn lanes
B. Northwest 22nd Avenue/Congress Avenue
Northbound Southbound
one right-turn lane one right/through lane
two throu~", 1..",...- "no ~hr.ou9h lane
one h.ft...turn len. on. 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 lanes
two left-turn lanes one left-turn lane
Eastbound Westbound
one right-turn lane one right/through lane
one through lane one through lane
two left-turn lanes one left-turn lane
D. New Boynton Beach Boulevard/Congress Avenue
Northbound Southbound
one right-turn lane
three through lanes
two left-turn lanes
one right-turn lane
three through lanes
two left-turn lanes
Eastbound
Westbound
one right-turn lane
three through lanes
two left-turn lanes
one right-turn lane
three through 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
three through lanes
three through lanes
two left-turn lanes
F. New Boynton Beach Boulevard/I-95 East
Northbound Southbound
one right-turn lane
two left-turn lanes
Not Applicable
- 9 -
",'J
Eastbound
Westbound
three through lanes
two left-turn lanes
one right-turn lane
three through lanes
All configurations shall be constructed and per-
mitted in accordance with City, County, and State criteria.
No Certificates of Occupancy shall be issued for
the Boynton Beach Mall Substantial Deviation until the improve-
ments under A through F have been completed. With respect to the
construction of the intersection improvements, (including sig-
nalizatlon modificatlone) if the Treaeure Coaet Regional Plan-
ning 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 Ser-
vice standard for the Regional Roadway network; or (ii) modifies
the methodology utilized to calculate the adopted Level of Ser-
vice; or (iii) modifies the method
of calculating background
traffic, such that if this Substantial Deviation were being
reviewed under said modified policies none of the intersection
improvements
(including signalization modifications) 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 Substantial Devia-
tion.
13. No ~dditional building permits shall be issued
after December 31, 1991 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
- 10 -
~
Planning Council that demonstrates that the regional road network
can accomodate a specified amount of additional Boynton Beach
Mall generated traffic and growth in background traffic beyond
1989 and still be maintained at Level of Service C during annual
average daily traffic and Level of Service D during the peak sea-
son, peak hour conditions. The traffic study shall:
A. Be
(January-March); and
conducted
in
the
peak
season
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, peak season conditions for the subject 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 (nec-
essary 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 sub-
mitted 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 devia-
tion at a public hearing after notice to the Applicant.
- 11 -
~
2. The City of Boynton Beach shall monitor the devel-
opment of the project 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 Appli-
cant with regard 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 first anniversary date of the
adoption of the Development Order and shall include the follow-
ing:
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's and local
government's compliance with the conditions of approval contained
in this Development Order and the commitments 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
- 12 -
~
determination that was filed in the reporting year or is antici-
pated to the filed during the next year;
G. An indication of a change, if any, in local
Qovernment juri.diotion for any portion of the development since
the Development Order was issued;
H. A list of significant local, State, and fed-
eral permits which have been obtained or which are pending by
agency, type of permit, permit number, and purpose of each;
I. The annual report shall be transmitted to the
City of Boynton Beach, the Treasure Coast Regional Planning Coun-
cil, the Florida Department of Community Affairs, the Florida
Department of Natural Resources, 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 Applicant pur-
suant to Subsection 380.06(15), Florida Statutes; and
K. Any other information reasonably required by
the City 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 Devel-
opment of Regional Impact shall not be subject to down zoning,
unit density reduction, or intensity reduction, unless the City
demonstrates that substantial changes in the conditions
underlying the approval of the Development Order have occurred,
or that the Development Order was based on substantially inaccu-
rate information provided by the Applicant, or that the change is
- 13 -
~
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
~hAll be cone trued 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 refer-
enced 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
Applicant 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 is deemed to be invalid, illegal, or unconsti-
tutional by a court of competent jurisdiction, such decision
shall in no manner affect the remaining portions or sections of
the original 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.
- 14 -
;J
PASSED AND ADOPTED in a public hearing held on this the
f
day of $A~tl./f"
, 1991.
/--
/
nton ~ach-:7City Commission
: .~4/C .Z~
May r
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,N ,UU~
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Cornmissi 'ner
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Att'?Gt. :
\--yfA~J9x ~
~' ,City Clerk
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EXHIBIT "An
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BOYNTON BBACI( HALL
116.364 ACRES
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A traat of land locate4 1n Sect'lon 1', Town.hip 45 South,
Ran9. 43 Ba. t, County of '.1.. Beaoh, rlot'tda arid '''''the,.
de.crlbad aa lo11o~sl
.- .
B.,inh!n, at, the Southe.,t corner of seatlon 19, ,..5 8, ft.)!,
thance H 00. 59' 3'" W a10n, the Ea. t line of .ald Section
19, A dietanee of 1898.10 feet to 'A poInt, thence S .,. .00'
21" H, A dietanee of 60.00 teat to a poInt on the wI.tei.1v
right-ot-WAY lIne ot Con,re.s Avenue, sAid poInt al.o beIng
the pr Inclpa1 point and place ot beglnnlnq of the following
descrlptlbn,
Thence S 88- 05'" 26" H, a di,tanae of 146.73 teet to a point,
thence 8 43- 32' 5.- w, a distanae ot 57.02 teet to . point,
thence S 00.59' 3'" E, a di,t.nce ot 258.27.te.t to . point,
thance S 1'.4" 44.2" E, A dietanee at 199.&0 te.t to A
poInt, thence S 00. 59' 39" E, a distance 'of 102.20 teet to a
polnt, thenoe S 44. 46' 3.." E, A diatance of 14.45 taet to a
point on the northerly right-at-way line of Boynton We.t Road
(formerly old Boynton Road), thanee H 89. 'U' 34" W, along
SAid northerly lIne, a distance of 1684.25 teet to a point,.
thence H 00. 511 51" W, a dle tance of 1228.05 taat to' a
point, thence H 81. 58' 21" E, a distance of 52.34 faat to a
polnt, thence 221.11 taet along ~ curve to the left, having a
radius at 145.00 faet and A chord at 205.06 taet, baarlng H
42- 58' 21" E, to ~ poInt, thence" 2. 01' J'. 101, . di.tane.
at. 23.67 leet to A poInt, thence 1J".S4 feet along a curve
to the rIght, having A radlua of 240.00 teet and a chord of
132.78 feet, bearlng N 14- 01' 53.5" E to a point, thence
2 J 4.57 taet along a curve to the left, . hav ing a rad IUI of
320.00 feet and .a chord of 229.36 teet, bearing H ,. OS' 2'.
E to a point} thence H 11. .5'" 3... 101, A d1stance of 70.00
teet to a poInt, thence 29-4.96 teet, along . curve to t.he
right, havin9. a radIus of 325.00 teet and a chord of 284.94
feet, baarlng " 1.... OS' 26- E to a point, thence 293.22 faet
along a curve t.o the left, having a radiusot 420.00 leat and
a chord ot 281.30 feet, bearing H20. OS' 26" E t.o a point,
thence H 00. OS' 26- E, a dietance of 145.00 teet to a poInt,
'thenbe H 88. 05' 2&. E, a dIstance of 1138.91 teet to a
point, thence S O~. 59' 39- E, a distance at 412.86 taet to a
point, thence H 00. OS' 26M!, A distance of 328.81 feet to a
point on the Westerly I1ne of Congress Avenue, thanca S 00.
59' 39"E, along sald Westerly line, a dIstance of 130.01 teet
'to.... p<ifn t ,"thence N 46. 27" o-ijt' '.i, A 'dls tanee ot 56.11 tee t I
to a poInt, thence S 80. OS' 26" W, a dIstance at 430.00 teet "
to a point, thance S 00. 59' 3'. E, a dlstance at 609.99 teet
to A point, thence H 80. OS' 26" E, a distance at "30.00 taet
to' a point, thenae If ,0. 32' 54" E, a distance at 51.02 het
to a point on the Westerly line of Congress Avenue, thence S
00- 59' 39M E,' Along said Westerly line, a dietance ot 170.01
feet to a poInt, thence N 46. 27' 06M W, A distanoe ot 56~11
teet to a point, thence S 88. OS' 26" W, a dls~Qee ot 608.~0
feet to a point, thence S 00. S9' 39M E, a diatanae of 230.00
feet to a poInt, thence" 80- OS' 26" E, a distanca ot ltO.OO
feet to a point, thence S 00. 59' 39" E, a distance of 150.00
feet to a poInt, thence S 88. OS' 26~ w, A dIstance ot J40.00
feet to a point, thence 5 00. 59' 39. E, a dIstance of 229.99
feet to a polntl thence" 88- 'OS' 26" E, A dietance at 608.00
teet to A point, thence" 0- 3.21, 54" E, a diatance at 57.0'2
teet to A point on the W..terly. l1ne at Con9r... Avenue,
then"e S 00 59' 39" 2, along .aid W..t:erly 11n., a diet.no.
at 130.01 leet to the prinaipal point and plaao of beginning
And containing 101.75 acres of land, more~or le...
AND
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A pareal ot land lyjn, 1ft I..tleft t.~ Township 45 iou'M.,..nr. .,.
Cllt, ,.1. ....h County. 'torada, b.tn, .ore partlcu Ira,
d..orlb.. .. tolloWI.
C08lll.ne. at the e.ntll' ot, SecUon 191 thence N O' ii.f St' M.
alon9 · the NOl'th South 1/4 S.cUon Un. ot .dd S.aUon, .
diltanc. of 3'.00 tut, th.ne. N U' set 21- t. . d&,lcanoe 01
20.00 (.e~ to the principaL point and pllc, ol beqtnntnq at the
(ollovinq de.criptlon.
Th.nc. contlnulnq N I" 51' 21' E a dl.t.nc. ot 20.01 t..t to I
point, thence H o' 51' SlM W, a10n9 a lln. 40.00 fe.t raat 01 Ind
parallel vlth add Horth South 1/4 hcUon Un.. A dhtanc. oC
1191.23 t..t to a paint on the South raqht-oC-way lln. 01 loynton
Canal. U,.nc. H 886 OS' 26M E, donq ..Id South rlqht-o'-vaV
ltne. a dlatanc. oC 432.99 C..t to a point, thence 5 06 ost 2'-
W.'~ dlltlnce oC 145.00 Ce.t'to . point, thence 293.22 t..e lion,
an ere to the rlqht, hlvin9 a radlu. 01 420.00 Ce.t and I cho~d
oC 21'.30 C.et bearlnq 5 20. OS' 2'- W, thence 294.96 t..t, a'.n9 ~,
an arc to thotl.Ct hiving a radtu. at 325.00 t..t and a chocd ot
2e4.94 c.et. burlnq'S U' OS' 26' W, thence S 116 54' 3.- E, a
dlatance ot 10.00 ,..t to a point, th.nee 234.57 t..t, a10n9 In
arc to the rl9ht. hay!nq a radtua oC 320.00 (eet and a Gho~4 oC
229.36 te.C bea~ln9 S 9- OS' 26M W, thence 134.54 teec, alon9 an
U'C 'to the I.Ct havln9 a ...dlu. 01 240.00 t.et and a choa-d 01
132.78 tue, b.....n9 5 14- 01' U- W, thlnee S 02- 01' U- E,' a
dlatance 01 23.67 tut to a point. thence 227.77 tut, ahn" an
Ire to the right havln9 a radlua ot 145.00 C.et and a chord 01 ,
20$.06 C..t, blarinq 5 42- 5.' 11- W,. thence 5 8,6 S.' 21- W, I
dlalane. oC 12.3. het co . point, thence H O. 51t Sl- .. a
dlecane. at ~5.00 (..t to the point oC beg!nning and conialnan"
8.61~ acre. oC land Mor. or 1....
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ATTACHMENT A
RESOLUTION NO. U-L.l a L.I.
oEVt:LOPMElI"l' OlU)D
AmeDdJ.nq p~1or Oe.,elopaeA~ Orier
Aaopted November 16, 1982
A R..Olgtion o~ th. C1ty Comaission of ea. ;ity ot
Boynton B..ch, Florida, aakiAq tiAd1nq. and conclusions of law
per~.ini~q to th. Boynton Beach Shopp1nq Mall, & O.velopmeD~ of
ReqioA&l _a~, &Ad. coDllutut::iDq tbis Re.olution as & Oevelop-
IHIS~ Ona' by t:.b. CJ.ty of BOy11~On B..cb i.A cOllPlJ.anc. w11:b lAw,
prov1diDq &A .ff.~iv. 4&t.; &ad pJ:'ovidiDq & te:miAat::ion d.t::..
~,.>>.s, Applic:&llt ha. bad a o..,elopaeAt:: Order appJ:'oved.
by ea. BO&%C1 of County Co.ELs.ioneJ:s of Palll a..ch COWlty (-...0-
lu1:i.on No. R-74-343) 011 May 7, 1974 vtti.c:!l was adopted. by 'Cbe C1t:y
on Hav..ou 16 , 1382; whic:!l pe::mi tted 1.108,000 squ&%'. f_-c ot
qrOS8 1....01. a.J:ea: &Ad
WBE1lEAS, Boynton-Ja A8.oc:iAt.., Ltd. (-Applic&D'C. I baa
tiled a oeve.la~'C at Rtl4)'ioDU IapaC1: Application t.o~ beAded
D.v.lopsaallt AtfpJ:'OYal with the C1ty of BOyBton 8.acb. rlorida. iA
accordallce witb Sec:'Cion 380.06, Florida Statut..; &Ad.
WREREA$, said Applicant:: propo..s to construct:: a total
of 1.244,449 square feet:: of commercial retail qro.. l...abl.
space Oil the r..l property wno.. leqal d..c:iptioll 1s ..t:: foreb
in Exhibit -A- at::'Cacbed heret::o &Ad loC&'Ced. i.A t:.be C1ty of
Boynton B..cb, Florida: &Ad
WHEREAS. the City cammis.ion a. tne qavernillq body of
ebe City of Boynton aeacb >avinq jurisd1c:ion, pursuant eo Chap-
ter 380. Florida Statute., is auenoJ:'ized and empowered eo con-
sider Applications for Amended Development Approval for Develop-
ments of Reqional Impac~: and
December
Developmene
WBDEAS, t:he CJ.ty Commi...ion on t:he 19~h day of
1989, held a duly noticed pualic hearinq on the
of ReqioQal Impac: Application for Amended
p IYb'=- 5 /1J 1:;Z
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Developmen~ Approval and ha. heard and considered the t..~~ony
taken th.rea~: and
WIIDEAS, elIe AppUcut hae rev:J.sed 1:be Site Plan in
accordance w:J.~ reco.DeDdat1on. of 1:be C1ty of 8oyn~on aeach and
con.istent with tne intent of 1:be requ1r...n~ of tbe ~:.a.ure
Coas~ Req:J.on&1 'lanninq Counc:J.l relative to the Pine Area ~n ~e
northw..t Coz:ner of the site a. shown on Exhibit -1-,
The Si.t.
,lan S~tted as ~it -2- hereto is here~ .pproved by 1:be
City Commission and no fuztber Site ,laa review Or v~:J.&Dce. a:e
nece..ary to construct and occupy improv..~ in accordance vieh
1:be Plan except as nece.sary to adjust parkinq ratios to iBple-
I118l1t 1:b. reC~I1d&1:.ion of th. fte.eur. eoast Reqional PlamUnq
..
COUDc11 and 1:be C,11:y of Boyu,1:On B.ach r~a.rdiJsq 1:be 'iDe Area;
and
WHEREAS, 1:b. City C~s.ion ha. received, and con-
sidered 1:be .....amant report and recommendation. ot the Treasure
Coaet Reqional P laA1li..Dq Council: and
WBEJlUS, 1:b. C11:y C=-1saion hae III&de 1:be tollovuq
FINDINGS OP FAC:: and COMa-aSIOHS OP LAW w1~ reqard to the Appli-
cation for Amended C..elop..nt Approval:
FINDINGS OP FAC'l'
1. The proposed Cevelop..nt is not in an Area of
Critical State Concern desiqnated pursuant to the provisions ot
Section 380.06, Florida Statutes:
2. The State ot Florida has not adopted a land
development plan applicable eo the area in whicb the proposed
Development is eo be located:
3. The proposed Development is consistent witb the
report and recommendations of the Treasure Coast leqional Plan-
ninq Council submitted pursuant to Section 380.06(12)(2), Florida
Statutes:
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4. The propoeed C.V.10pm8At La con.~.taD~ ~ith the
local coapr.haDe~ve plaa, zon1A9 aDd .eve~op.... 1... .ad ~..ul.-
CLOA. 01 ~e C1.y. It tb. City staff requee~. 4 Comp:enenstv.
,laa ~ndment or re.oD1a, of ehe 'iA. Ar.. a. defined in CoacU,-
tJ.on 2 i.a ~e future, tb. AppUc:aDt will cOJIIply 1011:..'1 SUc:A
requ..t.
S. The prem1.e. are correce and hereby aeeepeed by cbe
CJ.ty .
CONCLUSIONS or LAW
NON, 1'BDZ1'ORE BE IT RESOL'/m) BY '1'D CIft CCMKISSIOH or
TD aft or sonrroH BBAc:B, n.oJUIJA, in pWl11c m..unq, duly con-
au tutad and ...ULbled tb1s
19th
day of a.cutler
1989 ,
tnat th. Cevelopalent of a..,:.Lonal ImpaC1: Appllcat10n J:or AIIIended
Development Approval aubm11:ted by AppUcant is hereby APPROVED,
subject to 1:he followuq concU.1:.1olUl. ree=1c:1:i.ons &Ad lJ.mi.u.
tJ.on. :
Appllcat10n tor DeveloDDlent Aparoval
1. The AppUca1::i.on by Boynton-JCP A.eeac1ate., Ltd.
tear Amended Oevelopmene Approval is incorporated herein by reter-
ence and re,l.1,ed upon by the Pll%"'t:i.es in discbarqinq their S1:atu-
~ory dU~es under Chapter 380, Florida Statutes. The Applicant
is Boynton-JCP Associates, Ltd. and shall hereafter include tne
successors and a.siqns of Boynton-JCP A.sociate.. Ltd. Substan-
ei~ compliance wieb ebe representat10ns contained in the Appli-
cat10n for Development Approval is a condition for approval. ror
purpose. ot this condition, the Application for Amended Develop-
ment Approval snall include the follow1nq items: Application ~or
Oevelopment Approval submitted Auqust 18, 1988. and supplemen~
Lnforma~on submitted Septamber 14, 1988 and December 12, 1988
and Boynton Beacb Mall Expansion Transit Impact Study dated
Oc:1:ober, 19 89 .
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'1
Commencemen~ and Proqres. ot DeveloDman~
2. railure to initiate construction and ;~Y5ical
development within three years troa ~e effective dae. cf ~he
Development Order, or failure to maint&1n re.sonable ~==q=.ss
toward completion of the davelo~ent after bavinq ini~~~.Q ==n-
s1:rUC'Cion in. & t.imely mannu, shall consti tute . sW:3,:a.c-:ial
dev1ation and the developaant shall be subaited to furtber review
pursuant to Saction 380.06, rlorida Statute..
Cons~~on shall be deemed to bave been initiated and
physical development commanced altar placement of permanent evi-
dence of a S1:rUC'ture lother than a lDobile bOllle) on. 51 te, 5ucb
as the pourinq of slab. or footinq. or any worle beyond the staqe
at excavation or land clearinq.
Termination Oate
3. TlU.s Development Order sball t.e:minate on December
31, 1010 Wlle.. extencied by the C1~ COllllll1ssion. Nothinq buein
shall limit or ~~sb any ve.ted r~qbts of the App~cant, its
succes.ors or .ssi~.
CONDIT!ONS or DEVELOPMENT ORDER AS AMENDED
1, txcepe as specifically amended herein, all condi-
~ion. specified in the Development Order (Re.olution No.
R-74-34Jl and subsequent amenciments to the Development Order for
aoyn~on ae.cn Mall shall remain in full force and eftect.
2, Pr1.or to issuance of. CeJ:1:ific:ate of Occupancy
for conseruction of additional square foo~qe pursuant to the
Amended Developmene Order, the Appl~~ane shall confirm thae ~e
will noe develop ~n thae area -L1mits of Pine Are.- shown on
Exhibi~ -1- ~n the northwest quadrant of ene si~e.
3. Pr~or to commencinq conseruction ac-:~viey with1.n
the parcel coneain1.nq the area not to be developed. (described by
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-LJJDies of
.e Area. sbOVD Oil Exh1.b:L c · L. ), \.a.. area aha.1.l be
t...ocactly tift.ed .. o.hecvl.. d.11n.._ed to p~evene e~~a~=uc-
~on equipmene from encerinq the are..
4.
~l Brazi11an pepper,
AuuaUan
p:i.ne,
and
Melaleuca oil the sice sball be r.movea prior to i..u..,ce o~ a
cereificaea of occupallcy for any build~9 cODa~ucted pur3uaD~ ~o
this D..elopmea~ Order.
landacap:Lllq.
~heae specie. shall noe be u.ed :LA
5. A landacaped buffar a10nq the we.e boundazy of ehe
'ue Ue. &Dd ad j .cene eo J avert S =eet a.11 be prov:i.de<1 i.JJ
accordance with the plan .ttached aa Exh1D1e ala.
6. A. 'I'he uae of qras.y .",ale. shall be uulized i.JJ
tne Qew parkinq lot add.1.1::1.ona, .a sbown an the Sica PLan (ExtUbi e
-2-).
B. Littoral 2:0De plancuq sull be provided i.JJ
accordance wit.b tile penai.tunq requiremenu &Dd Florida Depare-
meat of EIlvizonmeaeal Requlation and Sout.b Florida Watar Manaqe-
meat District.
7. Under no c1rcumat&Dce. shall po at development
runoff volume. exc.ed predevelopment runoff volumea for . storm
event at thre_a..y duration and 25-yea.r return frequency.
8, Prior ~o issuance ot a build~q permie for any
add:i.tional square tootaqe approved by this Development O' ~er, the
the applicant of the build1nq permit shall prepare . hazardous
materials manaqement plan for the expanaion that meees the
approval at ~rea.ure Coaat Reqional Planninq Council and ~e
City of Boyneon Seach. The plan shall:
A,
Require disclosure by ~enant of all
hazard-
ous mater1als proposed ~o be seored, used. O~ qenera~ed on ~he
premises:
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.
S. Provide minimum seandard. and procedure. for
.
s~oraqe. prevene~on ot aptll.. con~a~nment of spills. anc ~r.A.-
ear &Dd 4ispoaal of such ..eeriala,
c. Provide tor proper ma~~enance. QP.r.c~on.
md
mon~eoring
of hazardous ..eer1al. managemene 513e....
inclu~ng spill and coneaiAmene syseems;
D. Detail aee10ns and procedure. to be followed
in case o~ &D accidental spill;
E. GuaraDeee fiDaDciAl respon.i~iliey tor spill
clean-up, and
t. Require ebe inspection ot premises s~orinq.
uainq. or genera~9 hasardoua materiAls prior eo ccaaencemenc of
operation and periodically thereafter, to assure ~e the provi-
sions of the plan are be~g ~l..en~.d.
9. No buildinq per.m1es for the Boynton Seach M&ll
Subst&D~i&l Deviation shall be issued unt1l all righe-ot-way
wiehin ebB project boundari.s have been dedicaeed. fr.. and clear
ot all liens and encumbrance.. to the City at soyneon ae.ch or
Palm a..ch couney as necessary and consistent with the Palm aeach
County Thorouqhtaze Riqbt-ot-way Proe!ction Plan. No dedications
are necsssary to implement the Sub.tan~al Devia~on.
lO, No buildinq per.Mies shall be issued for the
Boynton Seach H.~ expanSion until aD ori9iD/de.~D.t1oD (O/D)
survey has been conducted and submitted to the City ot Boyn~on
ae.cA. Co~ran. and ~ea.ure Co.se Reqional Planning Counc~l.
Results ot the survey shall cl..rly demonstraee where ~he transit
r1dersh~p poeent~al ex~.ts (origins) and idene~fy which roadway
links Ii.... I-95 ineerchanqe, Boyneon a..en Boulevard. Old
Boyneon aeaen Boulevard, and Congress Avenue, eec.l will be POS1-
~iv.ly impacted by provision ot tranS1: serv~ce eo ~he.e areas
and shall be evaluaeed to adjuse designaeed travel roueelsl in
order to maximi:e r1dersnip.
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fh. IUrv.y qU.'~ODD&!~. and 1ap~...n~at!on me~h-
odolo~ '.hall b. evaluated by th. City ot Boynton B.ach, ~o~ran,
Palm B.ach County. &ad Treasura Coast Req10nal Plann!nq Counc~l.
U. Ho CU1::i..f1cat. of Occupancy tor' tn. Boynton a..c:h
Mall Expanl~on .~l b. La.ued WDt~l th. fol1owinq .c:~v1t~..
ha". b.en cOlI\'l.tach
A. A s8Z"'Iic:a cODUaC't au bean appro"ed aDd
s1qnad by the C.1ty ot Boynton Beach, t:.be Palm Beac:h COWlty Boazd
ot County Comm1..!on&:s si1:tinq a. tn. County T:ansport.~on
Au1:.hor1ty, and 'C.h. applicant wtUcb pro,,1d.. th. 1.".1 ot 1::an.1.1:
service. iDclud1.nq an appropriate promotional camm11:man~. id&D~-
f1ed in ConcU.tion 12 for tne Service Pe~iad. 'l'b. Serv1c. P.riod
shall be du:i:led al a pez:1od ccmaenc.1Aq ~y days pr10r to tn.
opau:Uiq to tn. publ.i.c ot th. Boynton B.ach Mal' bpan.10n and
con't.i.nw.nq until of the e&J:' l.i..r at: ( 1) f1 v. y.&:., or li.i)
completion at the 1deat.1tied road improv"aAts 1n th. Trea.ure
COa.t R8CJional P t.aft"i.nq COunc1l'. final a......ent report for the
Boynton Baacb M~ Sub.tantial D."iation Cond.1t.1ons 12 and 13.
Th. con1:J:'aC't shall a.l.so J.Dclucl. a financ:inq plan for impl_
men~1:1oD and monitor1nq ot en. transit rou~.(s) iDclud1nq .
s.cu:ed fund1nq commitment (d.t1Ded as an ir:e"ocabl. letter of
c:redi.t or bond). The financ1nq plan 5ball prOVide tnat the max-
imum ool.1qat1on ot the Applicant UDder ehe service contract shall
be 5100.000,00 par yea: for tn. Service Period: and
8. A promotional plan outliDinq the 5trateq1e.
for fac1litat:i.nq. pu.bllc.i.:1nq. and encouraq1nq the U'. ot th.i.s
new 5er9ice shall be subm.i.t~ed and approved by the City of
5oynton Be.en and CoTran in con.ulta't.i.on with the Trea.ure Coast
aeq10nal Planninq COUDc~. Palm Beach County HetrOpo~tan Plan-
n.i.nq orqan4za~ion.
Such prOmat1on plan sha~l not require the
Applicant eo contribu~e more than 55,000.00 per year dur~nq the
Serv1ce Period to implement the promot~onal plan: and
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c. A, p~oc.du~. ha. b..n ..ta~li.hed and a~p~ov.d
by ~h. City 0' BoyncoD aeach aad CoT:.n in cOfta~ltac.cn witb
~:...~. Co..~ ~.,~oft.l 'lannin, Council to~ a ~a:~: :on1-
eo~in9 report chat DOD1cora :1de~ahip levels, effectivene.s of
ro~ee(.) &ad sdlec:lule(s) 1 and opuat.1D9 and _1ne.nanca COSCS.
Tb. mon1:o~1nq pro9raa shall be inieiaeed within 90 days &tt.~
the dace of Car:iticac. of Occupancy is isa~ed for the adci~ional
square fooe&ge of :be Mall and cODunue tor tne service Period.
12. Tbe tranai: service eo be provided eo:he service
are. for the Boyncon Beach Mall shall include ebe follovinq:
A. The rouee(s) shall conaist at a combination
ot :he propoaec:l Rouce. A &ad B identified in :he Boyneon Beach
Mall Expanaion Tranait Impact Study, dated October, 1989, or :he
rouee(s) identified by :he survey referenced on Condition 11.
includinq conaiderauon of service eo Been.ada Memorial Hospieal
and ebe aoynton Beac:.b Cj.ty Sall. The tinal z:ouce( s I selected
sbAll be approved by :be Cj.:y at Boynton Beach. Palm Be.ch County
.it~q a. :be COUD~ T:anepo~uon A~thoriey, and Trea.ur.
eoa.e Reqional P~q Counc~l: &ad
B. Th. veniele fleet shall be compr~sed ot ~
sutficiene number of CoTran compatible vehicles to prOVide 20
m~nuee headways: and
C. Bus service shall beq~n 30 calendar days
p:~or eo the open1nq of ebe Boynton aeach Mall Expansion to ebe
public.
BE !'1' FURTHER RESOLVED BY THE aT"! COMMISSION OF '!'BE
CI:'Y OF BOYNTON SEACli, FLORIDA. AS FOLLOWS;
1, Any modificauons or deviations from ~he approved
plans or requ~remen~3 of enis Development Order snall be suc-
m~tted to ~e Planninq Director for a determinat~on by ~he City
Comm~s5ion of ene City ot Boynton Beach as to wbether the change
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con..utut..
subataAtial daviation as provided in Sec~ion
380.06(19), Florida Sta~utes. The City Commis.ion of the C~~y of
Soyn~on aeacb sball maka its detar.m1nation of sub.~nti.~ ~.vi.-
tion at a public beuin9 af~U' Aouce to tbe App11c:ant.
2. The CJ.1:y of Boynton Beach lull IIOnitor :.~a d.vel-
op.ent of the project to &IUIue coapU,ano. v1tb th.t.s Develop.en~
O~er. The City ot Boynton. B.ach Plana.1Aq Director sball l:)e :b.
local official ...iqa.ed ~e r..ponsibility for monitor1nq the
development and eoforc1Dq the t~ ot tb. D.v.lopa.n~ Order.
Th. Pl4Ju1iJlq Director _y require puiodic repor1:s ot U. AppU-
C&D~ vitA r89ud to aDY 1t_ ..t fo~ iD tbis D.v.lop..nt Order.
3. The AppUcant sball sW:alit an annual
r8qUired by S8C't.i.on 380.0& ( 18 I , Plonda Statu~e..
r.por1: a.
The annual
repor1: sb&.ll b. sWa1.t~ed on. tb. f1rs~ anDiv.rsary cun:. of tb.
adopuon of th. D.velopment Ord.r and sball include eb. follow-
inq:
A. Any cb&Dq.. in th. plAn at d.v.loplll.n~, or in
tb. repre.enta1:.ions COD1:&i.Aed i.n the Appli.catian far D.v.loplllent
Approval, or in th. phaa1l1q for th. r.po~1nq y.ar and for th.
n.n y.ar:
S. A summary cOlllparison of dev.loplll.n~ ac~i.v1ty
propo.r.d and ac:ually conducted for the yau:
c. ODd.v.loped tracts of lAnd '!:bat nave been'
sold, transferred, or le..ed to a succ...or d.velop.r:
D. Iden1:.it1cauon and inteded u.e of tn. lADds
purcha..d. lea.ed or optioned by the Applicant ad1acant eo ~~e
or~q~n&l si~e since tbe Development Order wa. ~ssued:
~. An a.......nt of tne Appli.cant's and local
government's cOMpl~ance with tbe conditions of approval contained
in tn~s Development Order and the commitm.nts specified in tne
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A.plia.ei~ eot D.Y.lop..n~ A,_.o._1 .ft~ .~.'..d 1ft ~ft.
A..~oft.l Planninq Council A.......nt aepore for Cfte dev.lopment
UDder1:aXen:
P. Any reque.t for substantial devi.ation ..ietu-
mination thae w.. filed in eft. r.poreinq y.ar or is ane~=ipAeed
eo the filed durinq the next: year:
G. An ind1caeion of a cftanqe, if any, ion local
qoVerftDeDt jurisdiction for any poreion of th. development sinc.
th. Developa.ne Order wa. issu.d:
B. A lise of liqn1fic&Dt local, Seate, and fed-
ual parmi es which bave b..n obeained or whic:b are pendinCJ by
aqeney, type of permit, per.m1t number, and purpose of eacftl
t. 'rISe aftftu"l r.port: ..hall be transai teed. to the
C1ey of Boyneon Beach, ene 'rreasure Coase aeq10nal Planninq Coun-
cil, tne Florida Dep~ent of Coaaunity Affairs, the Florida
Dep~ene of Natural Re.ource., and such additional pareie. as
may be appropriaee or requ1red by law:
J, A copy of any recorded not:1c. ot the adoption
of a Developm.nt Order or the sub.equent zodification of an
adopted Cevelopment Order that wa. recorded by the Applicant pur-
suant to Sub.ec:ion 380.06(15), Florida Statutes: and
K, Any o~er information rea.onably required by
the City Comaiss1on ot the City of Boyne on Beach or en. Planninq
DireC1:or to b. included in the annual report.
4, 'rh. detinit~on. found in Chapt.r 380, Florida
Statut.. shall apply to this Development,Ord.r,
5, The City ot Boynton aeach hereby &qr... that
betore December 31, 2010, ene Boynton aeach Shoppinq Mall Devel-
opment ot Reqional Impact shall not be subject to down zon~nq,
unit density reduction, or in~ensity reduction, unl... ehe Ci~y
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tha1: suDnanua:l
chanve.
11.
1:he
concU. ~iCUl'
waderlY1D, 1:he .pp~oYal of ~he De.elop.en1: Order have occurred,
or tha1: Che D...lo,.eft~ Order v.. baaed on .~.~an~1ally ~A.CCU-
r.~e infor.aaUon provided by the Applic.a~, or th.~ ~he cnln,e is
cleuly "~abli.bR by the Ci.1:y o~ SOy1l1:OJl Se.ch to be eueaual
~o t:.he pubUc heal1:J1, sa~e1:y, or vel~ue.
6 . 'rlUs De.elop..a~ Orier .hall be bincU.n9 upon 1:he
AppUC&D~ and 11:8 ...1lJ1l'" or lucc...orl in in1:er..~. 11: is
wader.~ood tDa1: any refareace berein to any ,ovemaeneal ..ency
shall be consUUed to .ean any 1:u1:ure in.1:rum.nul.i. ty wh.i.c.n lIUly
be cre.ted and d..iqna1:ed ",succ...or in intere.t to, or wh.i.c.n
otherwi.e po....... any of the power. and dU1:ie. of any re~er-
CCR qOVe:nIltmt a.eacy i.D exU1:aJlce on the effeC1:.i.v. da1:e of
thi. De.eloplllent Orier.
7. 'rhe approval ,:an1:ed by th.i.s Development Order is
concU.1:ion&l and shall not be ccn.e:ued to ODv~ate the duty of the
AppliC&Dt to cOIIlply wit:.h all other .ppllc:aDle local. Sate, and
fed.ral parm:i.1:tiDq raquir_ents.
8. In the eVaJl1: tDa1: any portion 0: .e=ion of this
Oevelopmen1: Order is deemed to be invalid, illeqal, 0: unconsti-
tutional by a co~ of compe1:ent jurisdiceion. su~ aecision
shall ~n no manner affe= the r....i.n.i.nq portions or sec:.i.ons of
ebe oriqinal Oevelop.en1: Order, whicb shall remain in full force
and et f eC1:..
9, 'rhis Development Order shall become effective
UDmedia1:ely upon adopeion.
10. Certi!ied cop1es ot tn1S Oevelopment Order shall
be trans~tt8d uamediately by c8r~~tied ma~l eo ehe Depar~ent of
Community Atfa~rs. the Treasure Coa.~ Req10nal Plann1nq Counc~l,
and Appllcan'C,
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;',.'
iASSED AND ADOPTED in a pu~l1c h~~r1n9 neld on ~hi. ~he
19'th
d.a y of
CeCemDe: , 1989.
:';-~L2c~
/
..' Mayozo
I
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V Vice Mayo~
1fr!.L ~ W.Lv-. ~-
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.
o ~~~
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CClIIIIUsaJ.OAU
A=..1:.:
~:-"a,,~A~
Sou eM. !Cruse
Oepuey C1~y Clerk
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
D. Development Plans
JANUARY
PLANNING AND .'
! ZONING DEPT.
1. Consider request submitted by Randolph Staufer, for
approval of an amended site plan to allow for the
addition of a 222,624 square foot department store
at the northeast corner of the Boynton Beach Mall
which is located on the west side of North Congress
Avenue between Old Boynton Road and the Boynton
(C-16) Canal. (Macy's at Boynton Beach Mall)
In his memorandum dated January 13, 1988, Carmen Annunziato,
Planning Director, stated that the Planning and Zoning (P&Z)
Board unanimously recommended approval of this request, sub-
ject to staff comments. The P&Z Board requested that the
Community Appearance Board (CAB) review and act on the com-
ment regarding the Forester/Horticulturist's comment
regarding "native" vs. "non-native" vegetation. See com-
ments on page 8 regarding this item.
2. Consider request submitted by Edson Buza, for appro-
val of an amended site plan to permit an addition to
the master bedroom for all type VIII units at Villas
of Brentwood, Hunters Run Golf and Racquet Club.
Mr. Annuziato in his memorandum dated January 13, 1988
stated that the P&Z Board unanimously recommended approval
of this request as submitte~.
5. Consider request submitted by Lou Walton for appro-
val of an amended site plan to allow for the addi-
tion of an automatic teller machine at Great Western
Bank which is located on the west side of North
Congress Avenue, north of Old Boynton Road.
In his memorandum dated January 13, 1988 Mr. Annunziato
stated that the P&Z Board unanimously recommended approval
of this request, subject to staff comments.
7. Consider request submitted by Post, Buckley, Schuh
and Jernigan for site plan approval to construct a
new 3 million gallon water storage tank and booster
pump facility on 1.905 acreas at the Melear Planned
Unit Development which is located on the south side
of Miner Road extended, between North Congress
Avenua and Lawrence Road. (City of Boynton Beach
Storage Tank and Booster Pump Station)
In his memorandum dated January 13, 1988 Mr. Annunziato
stated the P&Z Board unanimously recommended approval of
this request subject to staff comments. In addition, the
-5-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA JANUARY 19, 1988
companies are: Crimmins Company, Inc., Ft. Lauderdale,
Florida; Financial Graphic Art, Inc., Pompano Beach,
Florida; Ideal Printing, Lantana, Florida; International
Printing, Inc., West Palm Beach, Florida; and Mcprint
Instant printing, West Palm Beach, Florida.
O. Consider request to display six temporary signs for
Annual Flea Market February 6, 1988 - Leisureville
Community Association, Inc.
Jeanne F. Creighton, Office Manager, Palm Beach Leisurevile,
requested approval for the signs in her letter to City
Manager Cheney dated January 7, 1988. The signs will be
removed not later than February 8, 1988.
P. Approve Financial Assistance for Little League
Scoreboard Purchase
Charles Frederick, Director, Recreation and Parks
Department, recommended approval and forwarded the request
from the Boynton Beach Little League Association which
requested assistance in purchasing the scoreboard. The
total purchase amount is $8,517 for 4 scoreboards. The
League is short $2,800. The boards to be purchased are
Nevco boards.
Q. Approval of Bills
See list attached.
Vice Mayor Marchese made a motion to approve CONSENT AGENDA
items A.l, 2; B.l, 2; D.l, 2, 5, 7; E; F; G; H; I; J; K; L;
M; N; 0; P and Q. Motion was seconded by Commissioner
Hester.
Macy's Department Store
The representative from Macy's presented a rendering of the
new store which will be located in the Boynton Beach Mall.
He also pointed out the location of the store in the Mall in
relation to the other department stores. The store will be
opening in the Fall of 1989. City Manager Cheney pointed
out that the tile in the area of the Macy's is different.
This was requested by Macy's when the Mall was built. Mayor
Cassandra pointed out that the variance was granted by a
prior Commission to construct a 65' building. The building
will be approximately 51' at the present time and only two
stories. Mayor Cassandra wanted to be sure everyone
understood that the approval was for a three story building
and the people from Macy's could add another floor when they
desired.
-8-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA JANUARY 19, 1988
There was further discussion regarding the statement made by
the City Forester regarding the use of "native" landscape
plants. Vice Mayor Marchese felt that the Forester should
be specific and not let Macy's decide this issue. The
problem occurred due to the change in code since Macy's
first received their approvals for building. The Macy's
representative had no problem in complying with the request
to use 50 percent "native" vegetation.
Statement regarding Community Appearance Board (CAB)
Mayor Cassandra stated that during a CAB meeting an appli-
cant stood up and said that he was told by a Planning &
Zoning person that he only had to show up for two out of
three meetings. The CAB has expressed a concern over people
not showing up and wanted to know if a penalty could be
imposed when people just do not show up for a meeting.
City Attorney Rea stated that the CAB could do this if they
desired, but it would have to be put into their ordinances
and a specific time spelled out. They would also have to be
sure that proper notification was given to the applicants.
A vote was taken regarding the CONSENT AGENDA, and it
carried 5-0.
BIDS
None
PUBLIC HEARING
A. Consider request submitted by Wilda Searcy to abandon
N.E. 3rd Street (platted and dedicated as N.E. 1st
Street) between Washington Avenue (N.E. 13th and Lincoln
Avenue (N.E. 12th) (TABLED at Planning & Zoning Board
Meeting)
City Manager Cheney stated that he hoped a solution could be
reached that would be acceptable to everyone in this matter.
Mr. Annunziato stated that a Revocable License has been
issued in some cases which would allow a person to use a
piece of property on a yearly basis. The City would take
out insurance on the property, but the person would be
allowed to use the land. This might be a good solution
until the City decides what should be done with the land.
City Manager Cheney agreed to meet with Mrs. Searcy to be
sure she understood the intent of this agreement, and to be
sure it was acceptable to her. He would ensure that she
knew the use would be on a year-to-year basis.
-9-
r;t l(
, 1\
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
I U M,W 1 6 19$
JANUARY l~' 1 988.A,NNiNG AND
t _. ,.. "_ LONING DEPT.
Mrs. Huckle moved to approve the project, subject to staff
comments. She drew attention to the 26,400 square feet for
the building and asked Mr. Kilday if that number of feet had
been amended. Mr. Kilday replied that 26,400 is the correct
amount of square feet. Dr. Jackier seconded the motion, and
the motion carried 6-1. Mr. Ryder opposed the motion.
SITE PLAN MODIFICATIONS
3. Project Name:
Agent:
Owner:
Location:
Macy's at Boynton Beach Mall
Randolph Stauffer, Project Architect
Macy's New York, Inc.
West side of North Congress Avenue,
between Old Boynton Road and the Boynton
(C-16) Canal
Legal
Description:
See "Addendum P" attached to the original
copy of these minutes
Request for approval of an amended site
plan to allow for the addition of a
222,624 square foot department store at
the northeast corner of the Boynton
Beach Mall
Description:
Miss Heyden told the Members this three story addition to
the mall will be located close to the Jordan Marsh anchor
store. When the original development of regional impact
(DRI) was processed, a maximum building height of 65 feet
and a maximum of 223,000 square feet were approved. The
subject request reduced the approved maximum square footage
by 376 square feet and slightly changed the building foot-
print. The elevations submitted indicate 51 feet to the
roof top of the proposed third floor. The third floor will
be constructed in a later phase.
Miss Heyden said the actual building height is 65 feet,
which includes the parapet, the cooling tower screen, and
the skylight peak. Due to the slight change in the building
footprint, specifically the ten foot decrease in width and
an eleven foot increase in depth, 18 parking spaces are lost.
Since the parking required by Macy's was constructed at the
time the mall parking lot was built and since there is
currently an 18 space surplus, Miss Heyden said the addition
of Macy's will bring the total number of existing spaces
down to the required number of spaces.
John Gregorski, Architect, GSGSB, P. O. Box 244, Berens
Building, Clark Summit, Pennsylvania 18411, told Mr. Ryder
- 28 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JANUARY l2, 1988
that other than the site plan and building footprint, they
did not have a plan. He said the original developer draw-
ings had a building somewhat wider but shorter in the
easterly direction. Mr. Gregorski assured Mr. Ryder that
they had plans developed, but they were not here. The final
plans indicate that the building shrunk and expanded by
eleven feet. When that happened, it pushed the fire lane
eleven feet out, so they lost the parking that was there and
absorbed some of the surplus that was in place.
Miss Heyden said the building will be constructed primarily
of concrete block masonry walls tinted a buff color with a
reddish brown clay tile roof. Photographs were circulated
among the Members, which indicated that the building will
match the existing mall.
The TRB recommended approval of the request, subject to staff
comments, attached as Addenda Q-l through Q-3 to the origi-
nal copy of these minutes.
Chairman Trauger inquired about the height of the building.
Mr. Gregorski answered that it will be 51 feet to the high
point of the roof plus another 14 feet for any appendages
that might be created on top of that.
Vice Mayor Marchese asked what the initial maximum height
would be to the very top, if they were going to build it
today. Mr. Gregorski answered that it would be a total of
52 feet to the top of the cooling tower screen. Mrs. Huckle
wondered if exceptions were already granted. When the mall
was annexed into the City, Mr. Annunziato said there was
concern about the ability of this store to be able to
construct a three story facility because, department stores
have very peculiar kinds of height requirements owing to the
kinds of mechanical equipment that they have. At that time,
when the original site plan was approved, Mr. Annunziato said
there was a height exception approved by the City Commission
to allow for up to 65 feet for three stories to accommodate
this building, which at that time had not been formally
defined. The application for the Board was consistent with
that height exception previously approved.
Unless he misunderstood or misread the comment from Kevin
Hallahan, City Forester, it appeared to Mr. Gregorski that
Mr. Hallahan was requesting a decision from the Board.
Mr. Annunziato thought the comment should be referred to the
Community Appearance Board, who will be reacting to the plan
on Thursday, January 14th.
- 29 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JANUARY 12, 1988
Mr. Gregorski stated that they read the other staff comments
and found no problem with them. He told Chairman Trauger
they hope to open in October of 1989. Mr. Ryder asked if
there would be a restaurant. Mr. Gregorski answered that
they would not have a restaurant.
Mrs. Huckle moved to approve the request, subject to staff
comments. Vice Chairman Wandelt seconded the motion, and
the motion carried 7-0.
4. Project Name:
Agent:
Owner:
Location:
Great Western Bank
Lou Walton
Great Western Bank
West side of North Congress Avenue,
north of Old Boynton Road
Legal
Description:
See "Addendum R" attached to the original
copy of these minutes in the office of
the City Clerk
Request for approval of an amended site
plan to allow for the addition of an
automatic teller machine
Description:
Miss Heyden said the Great Western Bank is an out parcel to
the Boynton Beach Mall and is adjacent to Lionel Playworld
on its north boundary and is the southerly most mall
entrance off of Congress Avenue. Great Western is request-
ing approval to install an automatic teller machine (ATM) on
the northern side of the existing building. Minor changes
to the elevation include removal of two existing glass doors
to accommodate the ATM, relocation of these doors to either
side of the machine, and the addition of new aluminum frame
glass panels and blue tile to match the existing material.
All other elements of the site plan remain the same.
Photographs were distributed, showing the existing building
and where the ATM will be located. The TRB recommended
approval, subject to the comment from the Police Department
attached to the original copy of these minutes as "Addendum
SIt.
Mr. Ryder moved to approve the request, subject to the
comment from the Police Department. Vice Chairman Wandelt
seconded the motion.
Lou Walton, Agent, 2601 - 10th Avenue North, Suite 404, Lake
Worth, Florida, was in agreement with the staff comments.
A vote was taken on the motion, and the motion carried 7-0.
- 30 -
MINUTES OF REGULAR CITY COUNCIL MEETING HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, TUESDAY, MAY 7, 1985 AT 7:30 P.M.
PRESENT
Nick Cassandra, Mayor
Robert Ferrell, Vice Mayor
Ezell Hester, Councilman
James R. Warnke, Councilman
Carl Zimmerman, Councilman
Peter L. Cheney, City Manager
Betty S. Boroni, City Clerk
James W. Vance, City Attorney
Councilman Warnke requested that Item J.
Consent Agenda for discussion. City Man
under Legal D. Other 4. Utility Lines on
the Mall. A bid was approved on this at
authorization is needed relative to that
a request to delete Item 1. under Ordina
regarding the establishment of a cable t
Fairbanks Communications, Inc. Attorney
the necessary releases for Shurly Contra
bill in the amount of $37,l23.79 should be placed on the list of
bills to be approved. Mayor Cassandra requested discussion of
the following items on the Consent Agenda: B.2. One (l) Pair of
Kettle Drums Ludwig Tympani - Recreation; B.4. Purchase of High
Pressure Vehicle Cleaner - Public Works; and N. Approval of
Bills, Items 22 and 25. He also asked that Item D. under XI.
Administrative, which addresses the 45 foot height limit, be
moved to VI. Public Hearing as Item C. for discussion.
Mayor Cassandra called the meeting to or
Joseph Dye of Boynton Beach Congregation
Christ gave the Invocation, and Councilm
of Allegiance to the Flag.
AGENDA APPROVAL
Councilman W.::lIrnlro m^n""'~
a ccept the ~
/9 i(
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)tion carried 5-0.
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Mayor Cassar
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Zimmerman me
change to tt:
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ANNOUNCEMEN'l
Mayor Cas san
being held a
tion of "Bet
invited. He
duled for We
Mr. A. Nevill
Recycling ill
Craig Grabee_
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- 1 -
!quest, for discussion
mt Agenda. Councilman
!rrell, to make that
-0.
,se and display tour is
y 7 and 8 in recogni-
d the public is
ation Meeting is sche-
p.m.
ynolds Aluminum
eck to Bob Spence and
\..ue City'S Tree Memorial
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
Fund. Reynolds has provided recycling services to Boynton Beach
for several years~ they asked about the possibility of expanding
their services, and the response was so encouraging they wanted
to contribute something back to the City that would benefit the
whole community. They chose the Memorial Tree Fund, and during
the month of March the company donated $.02 for each pound of
metal that was recycled at their location on 17th Avenue and
Seacrest Boulevard. Eleven thousand seven hundred forty eight
pounds of aluminum cans and scrap were recycled during the month
of March. Mr. Cheney said this is a good time to remind anyone
who wants to contribute to the Memorial Tree Fund that donations
are welcome at any time.
Mayor Cassandra read the following proclamations:
l. Drinking Water Week for May 6 - 10, 1985~
2. Soil Stewardship Week for May 12 - 19, 1985.
CITY MANAGER'S REPORT
Mr. Cheney reported a meeting will be held on Thursday, May 9, at
1:30 p.m. at the Holiday Inn on Atlantic Avenue in Delray Beach
to discuss transportation, highway planning and growth-control-
related issues in the South County area~ this is an effort pro-
moted by the County Commission. He said on May 6 he attended a
meeting called by Commissioner Wilken, who had the idea of deve-
loping a South Palm Beach County Council of Government~ State
Statute provides for the creation of such a Council. In the
Loxahatchee area, there is a similar Council which has been func-
tioning for about 10 years, covering the northern section of Palm
Beach County and the southern section of Martin County. In addi-
tion to Mr. Cheney from Boynton Beach, representatives from Boca
Raton, Highland Beach and De1ray Beach were present at the May 6
meeting, along with representatives from the offices of
Commissioners Owens, Spillias and Wilken and representatives from
the South Florida Water Management District, Lake Worth Drainage
District and the Area Planning Board. The subject of com-
munication was disaussed, and the representatives of Boca Raton,
Delray Beach and Boynton Beach recommend that steps be taken to
organize a formal Council of Government, the details of which
could be worked out at subsequent meetings. The purpose of this
Council would be to provide a forum for discussion of problems~
Commissioner Wilken suggested first addressing the problems of
planning, coordination and transportation. Mr. Cheney said this
is a medium through which three of the four largest cities in
Palm Beach County can talk together. The next meeting is sche-
duled for May 20 at 9:00 a.m. at Commissioner Wilken's office in
the South County Courthouse. Mr. Cheney said he would be glad to
go, but he thinks a Council Member should be designated to
attend~ elected officials represented the other cities at the
last meeting. Mayor Cassandra said Councilman Zimmerman is the
- 2 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
City's representative in MPO and Vice Mayor Ferrell attends the
Florida League of Cities, so he would like to volunteer to repre-
sent Boynton Beach, with Vice Mayor Ferrell as a substitute, on
the Council of Government.
The Boat Ramp Park project, with the exception of the pier that
goes by the Cove area, will be completed by the end of this
month. Construction of the pier, which was authorized to begin
later, should be completed before July 4, at which time a dedica-
tion celebration is planned for Boat Ramp Park.
Mr. Cheney said no one has mentioned that the two B's are back in
Boynton Beach on City Hall, although a lot of people told him
when they were missing.
PUBLIC AUDIENCE
Mr. Ben Uleck, 1507 S.W. 17th Avenue, came before the Council and
asked who owns the property by the wells between Woolbright and
23rd Avenue east of the canal, west of I-95. He said weeds and
debris are across the canal from Boynton Leisureville, and he
feels developers who want to build should be required to put in
the landscaping during construction--not after it is completed,
especially when it is near a residential area.
Mayor Cassandra said the Codes Enforcement Officer has been
meeting this week with the builder in that area regarding the
landscaping. He named problems the developer has had, but now
the problem is being addressed. He agreed that landscaping
should be done ahead of time where possible.
Mr. Morton Goldstein, 130 N.E. 26 Avenue, said he has been asked
by the residents of N.E. 26 Avenue to check on an area of land that
parallels their street coming around by The crossings, on which
the Town of Hypoluxo has posted "No Dumping" signs. Mr. Cheney
invited Mr. Goldstein to stop by his office and see which land in
the area is in Hypoluxo and which is in the unincorporated County.
CONSENT AGENDA
A. Minutes
1. Regular City Council Meeting Minutes of April 16, 1985
2. Special City Council Meeting Minutes of April 29, 1985
B. Bids
1. Two (2) Ton Heated Asphalt Hauler plus kit for permanent
repair of pot holes contained on one chassis - Public
Works
- 3 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
The Tabulation Committee recommends that the bid be awarded to
Aeroil Products Company, South Hackensack, New Jersey, in the
amount of $7,335.
3. Joint Co-op Bid - Anhydrous Ammonia - utilities
The Tabulation Committee recommends awarding the bid to Bower
Ammonia & Chemicals Company, Philadelphia, pennsylvania, in the
amount of $.20 per pound.
C. Resolutions
1. Proposed Resolution No. 85-Y Re: Lot Mowing Liens
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN
NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND
FOR OTHER PURPOSES.
2. proposed Resolution No. 85-Z Re: Releasing the
Performance Bond for Private Recreation Facilities - The
Crossings of Boynton Beach
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING
PERFORMANCE BOND FOR PRIVATE RECREATION FACILITIES FOR THE
CROSSINGS OF BOYNTON BEACH, P.U.D. IN SECTION 15, TOWNSHIP
45S, RANGE 43E, as recorded in Plat Book 45, pages 170 and
l7l of the Palm Beach County Records.
3. Proposed Resolution No. 85-AA Re: Releasing the
Performance Bond and accepting the completed water and
sewer lines for maintenance and operation - The Crossings
of Boynton Beach
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING
THE PERFORMANCE BOND FOR THE CROSSINGS OF BOYNTON BEACH
P.U.D. IN SECTION 15, TOWNSHIP 45S, RANGE 43E, as recorded in
Plat Book 45, Pages 170 and 171 of the Palm Beach County
Records.
D. Development Plans
None
E. Consider request submitted by Mr. Michael Daniels, Vice
president of Fullwood, Inc. General Contractors, to place one
construction trailer in conjunction with the construction of
the Gateway Centre located on Boynton Beach Blvd. & N.W. 8th
Street (adjacent to 7-11)
The Building Department recommends approval in accordance with
Chapter 25, Section 25.7 of the City of Boynton Beach Code of
Ordinances.
- 4 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
F. Consider request submitted by Mr. J. R. Simmons, President of
Prime Contractors, Inc., to place three (3) temporary con-
struction trailers in conjunction with the construction of
the Woolbright Professional Building, located at Congress and
Woolbright Road
The Building Department recommends approval in accordance with
Chapter 25, Section 25.7 of the City of Boynton Beach Code of
Ordinances.
G. Consider request submitted by Mr. Douglas C. Bush, Bush
Brothers, Inc., to place one on-site office and storage
trailer in conjunction with the building of the Meadows
Square Shopping Plaza. One construction office trailer was
approved by the City Council on April 16, 1985 for this
project
The Building Department recommends approval in accordance with
Chapter 25, Section 25.7 of the City of Boynton Beach Code of
Ordinances.
H. Consider request submitted by Mr. John A. pagliarulo,
President of J. pagliarulo Building Contractor, Inc. to place
one construction trailer on Lot 18, in conjunction with the
development of Miner Ridge Estates, located on Miner Road and
N.E. 5th Court
The Building Department recommends approval in accordance with
Chapter 25, Section 25.7 of the City of Boynton Beach Code of
Ordinances.
I. Approve transmittal of Road Improvement Fees to Palm Beach
County
Finance Director reviewed and recommends transmittal per his memo
of April 22, 1985.
K. Approve Budget Transfer for Dental Insurance
Finance Director submitted Budget Transfer Request to distribute
compensation adjustment to various departments for Dental
Insurance.
L. Ratification of South Central Regional Wastewater Treatment
and Disposal Board
1. Authorizing the Chairman to execute the Agreement for
Russell and Axon to Perform Consulting Services
2. Ratify provisions of Interlocal Agreement
- 5 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
N. Approval of Bills
See attached list.
Councilman Hester said he was not at the two meetings for which
minutes are being approved, so he would like to abstain from
voting on those. Councilman Warnke moved, seconded by Councilman
Zimmerman, to approve the following items on the Consent Agenda:
A.l.,2.; B.l.,3.; C.l.,2.,3.,; E.; F.; G.; H.; I.; K.; L.1.,2.
and N. with the addition of the bill in the amount of $37,123.79
from Shurly Construction, Inc., but excepting Items 22. and 25.
from Approval of Bills. The motion carried 5-0 except for the
approval of minutes, on which the motion carried 4-0.
B. 2. One (1) pair of Kettle Drums Ludwig Tympani - Recreation
Mayor Cassandra asked why the City is purchasing Kettle Drums.
Mr. Cheney said they are for the Boynton Beach Community Band,
and the City furnishes the drums, music stands and music; Mr.
Frederick, Recreation and Parks Director, said the funds come
from donations of the audience at concerts. Councilman Warnke
moved, seconded by Vice Mayor Ferrell, to approve Consent Agenda
Item B.2. Kettle Drums; the motion carried 5-0.
B. 4. Purchase of High Pressure Vehicle Cleaner - Public Works
Mayor Cassand~a questioned this, saying we just approved a high
pressure cleaning device for Building Maintenance. Mr. Cheney
said this item must be in Public Works, available at all times
for trucks. Councilman Zimmerman moved, seconded by Councilman
Hester, to approve B.4. Purchase of High Pressure Vehicle Cleaner
for the Public Works Department. The motion carried 5-0.
J. Review Community Redevelopment Agency Payment in excess of
$1,000
Councilman Warnke said he could see no reason to change the pro-
cedure of the Community Redevelopment Agency bringing purchases
in excess of $1,000 for Council approval. Mayor Cassandra asked
Attorney Vance if Florida Statute says the Agency can decide on
their own budget. He said it does, and in his opinion, if an
item is on their budget, it would be better if the Agency had the
responsibility. Mr. Cheney added that the City Council approved
the CRA budget, and the Chairman feels they are somewhat of an
independent agency and, since their budget has been approved by
the Council and they would only spend within the approved budget,
it should not be necessary to come before the Council for this
approval. He went on to say he is not certain if our current
regulations require them to come before the Council; Attorney
Vance thinks they do not. Mayor Cassandra said he feels that
Agency Members have been chosen to represent the City and have
- 6 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
been told they control their own budget; if they waste the money,
get rid of the committee. He would like to be made aware of
their activities, but he does not think it needs Council appro-
val. Councilman Warnke said he had wanted to bring it up for
discussion to get the Council's opinions; he made a motion,
seconded by Vice Mayor Ferrell, to remove the reviewing process
by the Council for purchases by the Community Redevelopment
Agency as recommended by the City Manager in his memo of May 7,
1985. The motion carried 5-0.
M. Consider extending annual contract with Boynton Wrecker
Mr. Andrew Zuccala, 633 East Industrial Avenue, came before the
Council to speak regarding deleted Item M. on the Consent Agenda.
He said he understands the City has a $30 towing charge for
everybody other than itself, and he urged the Council to open up
the bidding. He said he will put in a lower bid than anyone else
and keep the same agenda for the City. Mayor Cassandra asked if
this item is open for bids, and Attorney Vance said we have the
option of extending the existing annual contract or opening it up
for bidding. Councilman Hester thought it should be opened for
bids to give everybody a fair chance. Councilman Warnke moved
that the annual towing contract not be extended with Boynton
Wrecker and it should be opened for bids; the motion was seconded
by Vice Mayor Ferrell and carried 5-0. Mr. Cheney said we now
have a contract which states there is no charge for City
vehicles, and Mr. Zuccala said he is willing to state his bid the
same way; he suggested that the advertising of the bid state that
there will be no charge for City vehicles. Then when a com-
parison is made, the bid will be awarded only on the issue of
what appears to be best for non-City vehicles; he said there is
no problem with putting terms in bids. Mayor Cassandra asked if
there is agreement among the Council Members to advertise the bid
this way, and they were in agreement 5-0.
N. Approval of Bills
Under N. Approval of Bills, Item 25., an amount of $1,562, Mayor
Cassandra asked what the item is, and Mr. Cheney said it was a
booklet handed out at the beach. Councilman Warnke said there
is the possibility these booklets can be put on sale for $1 and
some of the money can be recouped. Councilman Warnke moved,
seconded by Councilman Zimmerman, to approve the payment of
$1,562 to Star Publishing Company, Inc., for the brochure on the
beach. The motion carried 5-0.
Item 22. under Approval of Bills is a Reverse Osmosis Study, and
Mayor Cassandra asked if we have spent the $15,000 which had been
budgeted for the study. Mr. Perry Cessna, utilities Director,
advised this payment is part of that amount. Councilman
Zimmerman moved, seconded by Councilman Warnke, to approve
- 7 -
length. Variances are to Appendix C, Subdivision and Platting
Regulations, Article X, Section 10 and Section 100 of the Code of
Ordinances. (Walboyn/Catalina Project)
Mr. Alan Ciklin came before the Council to represent Ocean
properties, the developers of the Walboyn project, regarding
access to the property at the rear of their project. They have
worked with the City staff, the County Engineer and the City
Attorney; it was agreed they would seek a variance to the sub-
division regulations so they submitted a proposed access way to
the C & R property behind Walboyn. The County Traffic Engineer
confirmed that an 80-foot collector road is not necessary to
serve the C , R project and that a 24-foot access road expanded
to 30 feet as it enters Congress Avenue would be acceptable. Mr.
Ciklin said they are agreeable to these requirements and to Mr.
Cheney's comments in his memorandum of May 7, 1985, except that
he would like clarification of his remark regarding the number of
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
payment of $8,178.27 to Post, Buckley, Schuh & Jernigan, Inc.,
for services rendered on the Reverse Osmosis project. The motion
carried 5-0.
PUBLIC HEARING
Consider conditional use approval for the Tiny Scholar Nursery
School, 2304 South Seacrest Blvd., submitted by Ken Carlson. (It
will be necessary to open and then continue the Public Hearing
since final recommendations have not been received from the
Planning and Zoning Board) Public Hearing will be continued to
May 21, 1985 at 8:00 p.m.
Mr. Cheney said we had requested that the Tiny Scholar Nursery
School application be advertised for a Planning and zoning Board
Meeting, but the newspaper did not advertise it. It will, there-
fore, be considered at the Planning and Zoning Board's June
meeting. Vice Mayor Ferrell moved, seconded by Councilman
Warnke, to delete this item from the Agenda and place it on the
Council's Agenda for June 18. The motion carried 5-0.
Public Hearing for variance in reference to platting which
requires the continuation of streets to unplatted property and in
reference to dead end streets extending beyond 1,320 feet in
length. Variances are to Appendix C, Subdivision and Platting
Regulations, Article X, Section 10 and Section 100 of the Code of
Ordinances. (Wa1boyn/Cata1ina Project)
Mr. Alan Cik1in came before the Council to represent Ocean
properties, the developers of the Wa1boyn project, regarding
access to the property at the rear of their project. They have
worked with the City staff, the County Engineer and the City
Attorney~ it was agreed they would seek a variance to the sub-
division regulations so they submitted a proposed access way to
the C & R property behind Wa1boyn. The County Traffic Engineer
confirmed that an 80-foot collector road is not necessary to
serve the C & R project and that a 24-foot access road expanded
to 30 feet as it enters Congress Avenue would be acceptable. Mr.
Cik1in said they are agreeable to these requirements and to Mr.
Cheney's comments in his memorandum of May 7, 1985, except that
he would like clarification of his remark regarding the number of
curb cuts.
Mr. Cheney read his report g1v1ng the history of this project and
recommendations of conditions for granting the requests for
variance, having reviewed reports by the Technical Review Board
and the County Traffic Engineers. He said they feel the number
of points of access to the 24-foot East/West roadway between
Congress Avenue and the residential property behind the hotel
project should be limited. Mr. Cik1in did not feel it was
necessary to reduce the number of curb cuts so drastically, as
- 8 -
Zimmerman added that the ordinance cannot be amended without a
referendum. Mayor Cassandra said he would like to have a State
Attorney's opinion regarding the difference in what appeared on
the ballot and what is in the Code Book. Attorney Vance said
State Statutes limit the ballot to 15 words, but the ordinance
was available at the time and was advertised in the newspapers in
its entirety.
Mr. Ben U1eck again came before the Council and said there were
over 2,000 petitions from individuals who wanted a strict limit
- 9. -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MA
-~ ~ ~ W ~.~
~- -'IlJ I
l~~ 161996 :~
.,
PLANNING AND
of 45 feet before the referendum~ they had no choice w en the NtNGDEPT.
exceptions were added. Vice Mayor Ferrell said there is no
choice but to make exceptions for items included in the ordinance
if they meet certain criteria, even though some people may not be
pleased with the wording of it. Councilman Zimmerman said we
should stick to 45 feet of occupiable space.
Mayor Cassandra called a recess, and the meeting resumed at 9:18
p.m.
.
DEVELOPMENT PLANS
r"
Boynton Beach Mall - Jordan Marsh Height Exception
Two representatives of the Boynton Beach Mall developer were pre-
sent regarding the request for a height exception of 5'6" to the
Jordan Marsh store for a cooling tower, but there were no
questions. Vice Mayor Ferrell moved, seconded by Councilman
Hester, to approve the request. The motion carried 5-0.
LEGAL
Ordinances - 2nd Reading - Public Hearing
proposed Ordinance No. 85-33 Re: Amending the Future Land
Use Plan from High Density Residential to Local Retail
Commercial - Walboyn, Inc.
Attorney Vance read this proposed ordinance by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID
CITY BY AMENDING THE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE
DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE
PARTICULARLY DESCRIBED HEREIN~ SAID LAND USE
DESIGNATION IS BEING CHANGED FROM HIGH DENSITY
RESIDENTIAL TO LOCAL RETAIL COMMERCIAL~ AMENDING ANY
MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN ACCORDINGLY~ PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN
EFFECTIVE DATE~ AND FOR OTHER PURPOSES.
Mayor Cassandra asked if anyone wished to speak either for or
against the ordinance, and no one responded. Vice Mayor Ferrell
moved, seconded by Councilman Hester, to adopt Ordinance No.
85-33 on second and final reading. Councilman Zimmerman said the
granting of this and the following ordinance on the agenda is
against the recommendations of the Planning and Zoning Board and
the Technical Review Board, and he is strongly in favor of voting
against both items~ he pointed out that land has already been
- 10 -
~
ANNEXATION AGREEMENT
City of Boynton Beach
Ordinance No. 82-38
November 16, 1982
and
DEVELOPMENT AGREEMENT
WITH THE CITY OF BOYNTON BEACH
._.;. I,..
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(;U:.;#/A sfJIYJ ft.;-r.:Jo/
SZ!: ATTACMED .f:XaIBIT "A"
is hereby annexed to the City of Boynton Beach and such land so
annexed shall be and become part of the City with the same force
and effect as though the same had been originally incorporated in
the territorial boundaries thereof.
Section 2. ~at Section 6 and 6(a) of the Boynton Beach
"
,
'.
\
",
City Charter is hereby amended to reflect the annexation of that
tract of land more particularly described in Section I of this
Ordinance,
Section 3. That by Ordinances adopted simultaneous
herewith, the proper zoning designation and land use category is
being determined.
Section 4, That all Ordinances or parts of Ordinances
in c2nflict herewith be and the same are hereby repealed.
Section s. Should any section or provision of this
Ordinance or any portion thereof, any paragraph, sentence or
wor~ be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or any part hereof other than the
,
\
part declared to be invalid.
Section 6. Specific authority is hereby granted to
codify this Ordinance.
Section 7, This Ordinance shall not be passed until the
same has been advertised for four (4) consecutive weeks in a
newspaper of general circulation in the City of Boynton Beach as
required by the City Charter and Florida Statutes ~171.044.
Section 8, This Ordinance shall become effective
immediately upon its final passage.
Section 9. This Ordinance after adoption, shtll be
filed with the Clerk of the Circuit Court of Palm Beach County.
- .--- - -
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1
FIRST READING THIS
"a.
DAY OF
~
/t
, 1982.
day of ~
SECOND, FINAL READING and PASSAGE, this
1982.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
~tf?~
City Clerk
(Corp. Seal)
.
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3/3/82
( Re f Dwg)
PA -1
BOYNTON BEACH MALL
PARCEL IS -' MALL TRACT
Be i ng a tract of 1 and loca ted in
South, Range 43 East. County of
further described as follows:
Section 19,
Palm Beach,
Township 45
Florida and
Beginning at the ,southeast corner of Section 19, T 45 S,R 43
E: Thence N 00. 59' 39- W along the east line of said
Section 19. a distance of 1898.10 'feet to a point: Thence S
89. 00' 21- W a distance of 60.00 feet to a point on the
west.erly 'right-of-way line of Congress Avenue. said point
also being the principal point and place of beginning of the
following description:
Thence S S8. OS' 26- W a distance of 846,73 feet to a point,
Thence S 4). 32' 54- W a distance of 57.02 feet to a point;
Thence S 00. 59' 39- E a distance of 231.62 feet to a point:
Thence S 14. 46' 19- E a distance of 207.00 feet to a point:
Thence S 00. 59' 39- E a distance of 130.00 feet to a point
on the northerly right-of-way line of Old Boynton Road:
Thence N 89. 46' 34- W, along said northerly right-of-way
1 ine of Old Boynton Road. a distance of 1689.25 feet to ill
point: Thence N 000 51' 51- w a distance of 1227.27 feet t~a
point on the southeasterly right-of-way line of the relocated
L.W. D. D. L-23 canal: Thence along said southeasterly
right-of-way line the following courses: N 87. 58' 21" E a
distance of 72.34 feet to a point: 227.77 feet along a curve
to the left having a radius of 145.00 feet and a central
angle of 900: N 02. 01' 39- W a distance of 23,67 feet to a
point: 134.54 feet aloryg a curve to the right having a radius
of 240.00 feet and a central angle of 32. 07' 05- to a point:
234.57 feC?'t along a curve to the 'left having a nuli us of
320.00 feet and a central angle of 42. to a point: ~ 11. 54'
34- W a distance of 70.00 feet to a point: 294.96 feet along
a curve to the right having a radius of 325.00 feet .and a
central angle of 520 to a point: 293.22 feet along a curve to
the left having a radius of 420.00 feet and a central angle
of 40. to a point: N 000 OS' 26- E a distance of 145,00 feet
to a point on the southerly right-of-way line of the Boynton
Canal: Thence N 8So OS' 26-. E along said southerly
right-of-way line, a distance of 1738.97 feet to a point;
Thence S 00. 59' 39- E a distance of 472.86 feet to a point;
.Thence N 8S. OS' 26- E a distance of 328.87 feet to a point
on the westerly right-of-way line of Congress Avenue: Thence
. S aooli 59' 39- E, along said westerly right-()f-way 1 ine of
. , ~~I:ag-r~S5" ~ve~u.e, =;'!:.?'Iist~!Ic:e. ,p.f.._.lJO. 01-. fe~t.:::-_to":~~:;.. point;
-"';,.:::~~lci:~:i~::=;~.~~.~~:~~:,~Z~" ;;.~.~.~~~
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BOYNTON BEACH HALL
PARCEL IS - HALL TRACT
( CON'tINUED)
"
thence N 460 27' 06- W a distance of's6.l1 feet to a point;
thence S 880 OS' 20. W a distance of 430.00 feet to a point;
.thence S 00. 59' 390 E a distance of 609.99 feet to a point;
thence N 880 OS' 26-'E a distance of 430.00 feet to a point;
thence N 430 32' S~- E a distance of 57.02 feet to a point on
the westerly right-of-way line of Congress Avehue; thence S
00. 59' 39" E along said westerly right-of-way line of
Congress Avenue a distance of 170,01 feet to a point; thence
N 46. 27' 06" W a distance of 56.11 feet to a point; thence 5
880 OS' 26- W a distance of 608.00 feet. to a point; thence S
000 59' 39- E a distance of 230.00 feet to a point; thence N
880 OS' 26- E a distance of 340.00 feet to a point; thence S
00. 59' 39- E a distance of 150.00 feet to a point; thencp- S
880 OS' 26" W a distance of 340.00 feet to a point; thence S
00. 59' 39" E a distance of 229.99 feet to a point; thence N
880 OS' 26- E a distance of 608,00 feet to a point; thence N
430 '32' 54- E a distance of 57.02 feet to a point on the
westerly right-of-way line of Congress Avenue; thence S 00.
59' 39" E along said westerly right-of-way 1 ine of Congre~s
Avenue a distance-of 130.01 feet to the principal point and
place of beginning and containing 108.30 acres o~ land, more
or le,ss,
. .
.
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ORDINANCE RO~ 8~ l8
AN O~;:>INANCE OF THE CITY COUNCIL OF THE CITY
OF BOYN'1'OlI BEACJJ, P'IDRI~, ANNEXING A CERTAIN
UNINCORPORATED '1'MCT OF LAND THAT IS CONTIGUOUS
,TO THE Cln LDlITS trImIN PALM BEACH COUNTY AND
THAT WILL UPOIf 1'1'S ANREXATI01f. CONSTI'l'U'l'E A
REASONABLY COMPACT ADDITI01f '1'0 THE: Cln TERRITORY
PURSUABT '1'0 A PETITIC8 OP 1'HE LAND OHMER OF
SAID '1'1tAC'l' OF LABD. REQUESTING ANNEXATIOIII
PURSUABT 'l'O SEC1'l:OII 7(32) OP THE CHARTER OF
THB CIft ~ BOYlftOIf BEACH. PLORIM, AND PLORIM
STATUTES 171.044, PROVZDI1fG THAT '1'HB PROPEIl
lAND USB DESIGlIA'BOB AIm PROPER ZONING or '1'BB
PROPERft SHALL lIB REFLBCTBD III SEPARATE
ORDINANCES '1'0 lIB PASSED SIMULTANEOUSLY HEREWITH:
REPEALIlG ALL ORDINJUfCES OR PARTS OF ORDIBANCES
IJI COliPLIC'l' BEREllJS, ,PROVIDING A SAVINGS
CIAUS&: PROVmIBG FOR ADVER'l'ISING: AlIJ) AIr
EFFECTIVE MTE: AlID POR OTHER PURPOSES.
WHEREAS, ~art-BoyntoD Associates, the owner of the
fOllowing tract of land described as:
SEE ATTACHED EXHIBIT -A-
tiled a Petition for Annexation 1:0 the City of Boynton Beach
direct t:o the City Council par8~t to Article 7 (32) of the
Charter of the City of BOyI\t:oIl Beach, Plorida, and Florida
Statutes '171.044 (1980): and,
WHEREAS, the said tract of land lying and bei~g wi thin
palm Beach County 18 contiCJ1lO'Ul to the existing City limiu of
the City of Boyntcm Beach. Florida, and will upon ita annexation
constitute a reasonably compact: addition to the City territory;
and,
WHERFAS, the propose4 us. of said land and land use
designation has been determiDed to be consistent with the future
"
: land uses of the City of BOynton Beach and the Paba Beach County
.
COmmission has no objection to the designated use.
NOW, 'THEREFORB, >>Z I'1' ORmINED BY THE CIn- COt7NCIL OP
'!'BE CIft OF BOYNTOJI BEACH, ~I
. . .
. the City of BOynton Beach. Florida, and plorida statutes '11.71.044,
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_......__. .... . '~-_-._.r_.!,." ~ .' -~ .... .-.------ . _. .. .
I
.
,
section i. Pursuant to Section 7 (32) of the Charter of
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S~~ ATTACHED EXHIBIT wAw
ia hereby annexed to'tbe City of Boynton Beach and such land so
annexed shall be and ~ part of the City with the same force
and effect as though the sa.e had been originally incorporated in
the territorial boundaries thereof.
Section 2. That section' and 6(a) of the Boynton Beach
City Charter is hereby aJIeDded to reflect the annexation of that
tract of land more particularly described in Section I of this
Ordinance.
Section 3. That by Ordinances adopted simultaneous
herewith, the proper zoning designation and land use category is
being determined.
Section 4. That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed.
Section 5. Should any section or provision of this
Ordi.nance or any portion thereof, any paragraph, 8entenc~ or
word be declared by a court of competent jurisdiction to be
invalid, such decision shan not affect the validity of the
remainder hereof as a whole or any part hereof otber than the
part declared to be invalid.
Section 6. Specific authority is hereby granted to '
codify this Ordinance:
Section 7. This Ordinance shall not be passed until the
same has been advertised for four (4) consecutive weeks in a I'
newspaper of general circulation in the City of Boynton Beach as
required by the City Charter and Florida Statutes 1171.044.
Section 8. This Ordinance shall become effective
immediately upon its final passage.
section 9. This Ordinance after adoption, shtll be
filed with the Clerk of the Circuit Court of Palm Beach County.
:-
- -'-:---'-"
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"
,~
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this /t,
1982.
day of ~
DA!' OF
FIRST READING THIS
,
SECOND, FINAL READING and PASSAGE,
1982.
CIn OF BOYNTON BEACH, FLORIDA
ATTEST:
~ h?/~#
City Clerk
(Corp. Seal)
(-
.
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BOYNTCII BEAal ~LL
DEVEIDPIIERT AGREEMENT
BoyntoD Beacb, Inc, is the Owner of certain real property hereinaftez
referred to as the "property". situated in the City of Boynton Beach
Palm Beach County, Florida and sbcnrn OD Exbibit "A" and more particui3
described in Exhibit "A-I", attached bereto,
Boynton Beach, Inc. (Owner) and the C1~r of Boynton Beach (City) bereb
agree that the property w11l be developed 1n baSic conformance wi tb ~h
drawinp. specifications, docWDellts. et.e.. listed on Exbibit "B" and
the following terms, conditional requirements, etc.:
Section 1
Zoning .
C-3 (COmmunitr Commercial) will pe~it development of the regional
mall - 108,30 acres in accordance with the drawings, specificationl
etc., set forth on Exhibit ''B".
Ro variances, special exceptions, etc., will be required to permit
tbe development of the regional mall as sbown on the drawings J
specifications, etc,. listed OR Exhibit "B" witb tbe exception
of the following: .
ParJdng Lot Regulation.
Section 5-141(d) - El1minatioD ot the required concrete curb stop.
ZooiD<< Regulations
Section 4(L) - Eliminate required construction of a 6' masonry
wall along west boundary between 014 Boynton Road and tbe drainage
canal.
Section 2
Developlllent of Regional IIIIP&Ct (1)81)
The nproperty" will be developed iD accordance witb the Development
Order, pursuant to Section 380.06' (14)(e). Florida Statutes.
incorporating tbe proVisions of PalB Beacb County Resolution
Ro. 8-74-343 J a copy of wbieb i8 attached bereto as Exbibit "C".
Section 3
Platting. Subdivision
In accordance witb tbe defintion ot tbe term "subdivision" as con-
taiDed in tbe City of Boynton Beach Code regulating subdivisions,
tbe City agrees tbat tbe proposed division of land as set forth
in the plan attached bereto as Exbibit "D" will not be deemed a
subdivision witbin tbe meanin, of the City Code under the following
conditions:
a. Any division of tbe subject property will result in all parcels
of land being IDOre than five (5) acres in area.
b. Division of the subject propertJ will not, in and of itself,
i.volve any cbanges in street l1n88 or publiC easements of
any kind, ·
c. The development of the subject property as a recional mall will
involve tbe d~~ction ot new public easements. Tbese easements
will be dedicated to tbe City after tbe improvements bave been
installed and accept~ by the City. witb tbe easement dedicatio
belnc. based on as-built drawinp. . ,While ,conveyances. 9.t portion
. .. ,.-----=."~,,ot~.,tb~Pl'OPf!I'!'~to,...thy~~~-t s!ore tenants ot tbe_mall
'" .' . '-"'" ~_-1. occ~r p-rlO1"~ to' the'~ac~llal-dedlca~,iOli:oTiiul-e~D~.-~'
___ -.,'; -"z.~:' ,~' ~siac~~ny.4tY~~'.WI:!"J.T~~c~r:-p~,1b~t.!,~~~_.e~ual.","1~~~~k-:-:::;
_ ',' -_,_,:;:t~ ' , ,)jlj&,,~ .t~~h1~(tJ.S.~-'riJ.~ be.,........-.,
. _~ .2Z. ' -, ... . _ ..:~_ _ _ ~. e_ . ',~ ."~_. ..=..___==-.:..:.:.-~~-;:
=...:-.::-t; ~.'- '':--=--'';'''~1.~ ~-
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~ .
,. .."... ... .9J, ...._.."1...-......~..,.~~.~.......~.......,..: ,._:-.,..~-.., ;...._,.",.;.1 .'....., 0.... "I" .,._,~::"_,.,_:" ..,......,.... ....... t...... ......
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1,.
.: "-')r, 3
~ l a t 1. ~ & S u bd l '; : S lon (co nt' d )
d, No certificate of occupancy will be issued for any bui IdinJ:
connected with the mall prIor to dedication of the related
public easements to the City.
Based OD the conditions set forth abowe, it i. agreed that a sub-
divisioD plat .ill not be required for tbe regional mall tract (lOR.~
ac,) and for Parcel #2 (1.81 ac.) aDd parcel ,#3 (6.54 ac,) unless
Parcels #2 or #3 are divided into iDore than three (3) tracts and
that the sale of (1) any and all parcels .ithin the regional mall
tract to the various department stores and (2) parcel #2 and #3 can
be conveyed by metes and bounds description only,
It is further agreed tbat giveD the ~t1ans set forth above, the
subdivision regulations of the City of Boynton Beach will not apply
to tbis "property," .
Section.
Off-Slte Improvements
Off-sU:e (beyond tbe bouDdary 11aiw of tbe "property") improve-
ments for tbe development of the recional mall as sboWD on
SP-l and SP-2 and parcel #1, 12, 13 and #4 will be limited to
tbe tollowing:
a. Hlgbway. Access
1.
Tbe Owner under an agreemeat with William Winchester,
tbe Owner of tbe property betweeD Old BoYD ton Road and
Hew Boynton Road (SR BOt) 11111 construct a four (4)
lane roadway with median ... separate left tUrD laDes
between mall entraDce "8" OIl Old Boynton Road to an
intersection witb New BoYDtaD Road (SR 804). approx-
imately 1031 feet west of Q)Dgress Ave. This roadway
will be constructed to Pa~ Beach County standards
and will be dedicated to Palm Beacb County upon
completion aDd acceptance of construction. The con-
struction will be limited to roadway (includiDg striping,
and signing) and drainage U1provemeDts only,
Signalization at tbe iDtersection of the connector road
and New Bovnton ROad (SR' 8M) and the coDnector road and O.
Boynton Rd. (Ent, "B") will be installed by, Palm Beach CoUD'
per Section 5h)1i) aDd 5h)il1)' of the "Agreement for
roadway improvements" dated December 22, 1981 between
Palm Beach County. Homart-Boynton Associates. and tbe
Edward J, DeBartolo Corporation attached hereto as
Exhibit "E" '_,
2. Old Boynton Bead (Boynton West Road)
The "Owner" will CODstruct the following improvements
on Old Boynton Road in accordance with Section 2 b)
and 2 c) of tbe "Agre_Dt for Roadway Improvements"
(Exhibit "E"):
At tbe" intersectioD of Old Boynton Road and Mal~ Access
Road "B" '
Left turn lanes nortb and soutb approach
i)
11).
_,"U)_
,
Left turn lane west approach
Rigbt turn lane east approach
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
MAY 7, 1985
the number of trips on the access road would be minimal and it
would create a hardship for them in placing their hotel on their
property and providing adequate parking spaces. The proposed
plan had shown 11 curb cuts: there was discussion as to whether
the number should be reduced to eight, five or two. Councilman
Zimmerman thought the roadway should not be built there at all
along the canal and coming out on Congress Avenue next to the
bridge. He described a situation at the south end of the City by
the sewer plant where problems have been encountered and the
County has required that the road be relocated. It was concluded
there is no ideal solution to this access problem. Attorney
Vance said the plan presented here is the best effort given the
parameters they had to work with: if the variance is granted, it
solves the problem in relation to maintaining the sanctity of the
subdivision standards. Vice Mayor Ferrell moved, seconded by
Councilman Hester, to approve the variances requested by both
Ocean properties and C & R Developers with the stipulations of
City Manager Cheney's memo of May 7, 1985, with 2.a. stating
"Not more than five curb cuts to the access drive from the motel
area." and all of the cuts to be eliminated from the west end of
the property. A roll call was taken by Mrs. Boroni as follows:
Mayor Cassandra Aye
Vice Mayor Ferrell Aye
Councilman Hester Aye
Councilman Warnke Aye
Councilman Zimmerman No
The motion carried 4-1.
45 Foot Height Limit
Mayor Cassandra read what was on the ballot when the referendum
was passed in March of 1982 regarding height limit, as well as
his memo describing what is in the Code Book regarding this sub-
ject. Vice Mayor Ferrell said our ordinance is very clear cut,
but he asked Attorney Vance if a policy could be set stating to
what extent exceptions would be granted. Mr. Vance said a policy
should not be set which does not comply with the ordinance, as
the ordinance itself states what exceptions can be granted for
and allows the Council to consider each application. Councilman
Zimmerman added that the ordinance cannot be amended without a
referendum. Mayor Cassandra said he would like to have a state
Attorney's opinion regarding the difference in what appeared on
the ballot and what is in the Code Book. Attorney Vance said
State statutes limit the ballot to 15 words, but the ordinance
was available at the time and was advertised in the newspapers in
its entirety.
Mr. Ben Uleck again came before the Council and said there were
over 2,000 petitions from individuals who wanted a strict limit
- 9. -
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Off -Sll.e : :'":: :"::J\'cments
At the intersection of Old Boynton Road and Mall
Access Road "A"
i) Left turn lane west approacb
ii) Two lane nortb approacb
iii) Rigbt turn lane east approacb
The requirements and conditions for tbe Old Boynton
Road ~rovements will be as follows:
The improvements will be constructed ~ a rural
section witb tbe poBBible exception of isolated
and limited curb and BUtters wbich sball only be
required wben curb ..d BUtter is tbe only
engineering solution that will cause tbe said
. ro~dway improvements to function properly,
The improvements will be constructed witb open
drainage and witb only normal ditch section witb
tbe possible exceptioa of isolated and limited
enclosed storm sewera wbicb shall only be required
wben enclosed storm sewers are the only engineering
solution that will cause tbe said improvements to
function properly.
,
An 8' wide asphalt or 6' wide concrete bike path
will be installed on the nortb side of Old Boynton
Road along tbe property frontage only.
Overla, ad add to Utsting pavement.
Ro 8treet ligbting.
Storm ....r improvemeat limited to extension
of existing culvert crossing,
3. All other bigbway and accesa improvements required for tbe
development of tbe "propertJ'" bas been or will be complete,
in accordance wi tb tbe 'te~ and CQndi tion8 of tbe Decembe:
22. 1981 agreement betweeD Palm Beach County, Bomart- '
Boynton AS80ciates and tbe Idward J, DeBartolo Corporation
attacbed hereto aa Exhibit '"E".
i)
11)
i11)
iv)
v)
vi)
4. The "Owner" and tbe "City" autually agree that the fai tb-
ful performance and cOmpletion by the OwDer of 1) and
2) above shall relieve tbe Owner(s). his successors,
assigns or transferees of .., furtber obliga~ions for
bighway and access improvements as a result or as a
condition to the development of tbe "property" and
outparcels #1, 12. #3 and It.
Tbe "City" and tbe "Owner" also agree tbat the "property"
and tbe outparcels (#1 tbrougb #4) will not be subject
to any road impact f~es. aSsessments. or similar cbarges
for o~f-site bigbways.
.
b. Utilities
1.
3 '
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2. Cost participation in proposed 20" water main in Old
Boynton Road
The 20" water ..in to be constructed on Old Boynton
Road shall be designed by tbe City's en~ineers and con-
structed by the City under City supervision. The "Owner"
shall participate in these costs as outlined in Chapter
26-34 of the Cit,'s code of ordinances. In this instance,
the rates will be the carrying capacity of a 10",water
line va. a ~ water line. The City's engineers will
prepare an estt.&te of tbe total cost and based upon tbis
estimate. "OInter" will escrow their estimated share of .
the costs. After completion and acceptance by the City,
final costs rill be compiled and the "Owners" share will
be adjusted upward or downward according11 with Owner
either giviD& additional funds to cover their sbare or
the City 'l'et1D'Dlng to tbe "Owner" the excess from the
escrow account.
The City shall install a 20" :IE 10" tee with a valve and
10" stub line (from new 20" water main to a point S'
inside Owner's property) at the 10catioD indicated on
the Owner's site water plan M-3.
3. The text of Paragrapb 4(b)(1) above does not apply to
out-parcels I.t and '3.
l-
.
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Impro\"c-::-"7;, ~.o
On-site (within the boundary limit.. of the "property") i;:;pro\'e-
ments required for tbe developDent of the regional mall as shown
on SP-l and SP-2 and Parcel "2" aDd "3" will be as follows:
a, Storm Water Management
Tbe storm water management systea to serve the regional mall'
(108.30 ac.) ~nd Parcel II. 12. '3, and #4 includes tbe
construction of an enclosed stora sewer system as shown on
Drawing No. II-I, four (4) retention ponds as sbown on Owg.
No.3, and connection to Lake Worth Drainage District's
L-23 and Boynton Canal by control structures detailed on
0.&, No. II-lB.
.
Tbe storm water management .,st.. will be constructed,
operated, and maintained b7 tbe OWDer.
Tbe requirements and conditloDS governing tbe constru~tion.
operation, aD'd maintenance of the storm sewer management
system will be per tbe applicable drawings and specifications
listed on Exhibit "8" &Del the following report, correspondence,
approvals and permits:
1. Soutb Florida Water ManagemeDt (SFWMD) permit material
a. Water Management Pe~t Application report dated
lI&y, 1981,
b. SFWJID Staff Report dated August 26, 1981
c. SFWIID Surface Water lIanagement Permit No. 50-00860-8
dated September 10, 1981
d, Letter from Charles A. Ball dated November 5, 1981
wbich describes the adequacy of the on-site storm
water management facilitie.
e. 8F1KD permit modiflcatiOD letter and staff report
dated June 10, 1982
2. Florida Department of EDvironmental Regulation (DER)'
a. DER form letter dated Aucust 3, 1981 requesting
additional information for a permit requirement
determination
b. Letter from Gee. Jenson dated'August 19,1981
written to DER in response to their August 3, 1981
letter. .
c. Letter from DER dated August 26, 1981 outlining the
adequacy of Gee . Jenson response letter dated August
19, 1981,
d. Letter to C.A. Corroto dated February 17, 1982 wbich
explains the inter-relationship between SFWKD and
DER permitting tor this development
3. Lake Wortb Drainage District
a. Letter, from Lake Worth Drainage District dated
July 13, 1981 approving tbe Boynton Beach 11&11
connection to their facilities.
.
'~,
b.
Sanit&rJ' Sewer
-. --.
--- ....--The. "Clt7" .acrees....tbaitiier. 18 pres..n, 8M"q'-treatlDeD~.plaDt - ---
and :.llDe capacity: available to, accept.tbe flows, generated, by the.c--'
: _ :~=,- :..:..~~ _:-,])l:QP.2jed":'develo~ent; of ~tbe ~ ~propertF" ,and, outparcela" and that '-. .
T,.j;~~~~~.:ttier.~:U:~'g;;- ~ii~-"-' , -'WJ.-~.;:: 't ':~ltit.qhi.R.~~;~
~~;~"~'ii~~t>>J~~~iit.~f'tiU;wJL..~1b__~~~~~R!~~~
"~,~"'JI'''.' ~. ',f& 1"~#" ..,:-~ "-;.~'~."~": '~:.-:-;:'i~'==-.;7:';~~~~~~~~-~~~-~~~'~~'~~;1~'..;:~:~~:".,;o!1::~ ~~~~~..::.:;.: ~,_::':::' '~..~
5
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,.."'T will lnst.....
pu" .ng station, and the fv:_..' - .0_' ::-:e PUl....,U:.:: .,... ,. -.
the existing 16" F.II. along Co':':,;;,ress :'venue in accor<~:-.n::e \\ith
Drawine No. l-lA and 1-2 and applicable specifications listed on
Exhibit "B" and tbe pump station plus and specifications prepared
by Gee. Jenson, It 18 agreed tbat these drawings and specification
have been prepared and are 1n confomRance witb the requirements and
standards of the City of Boynton Be8cb.
It 1s further agreed that upon completion of construction of the
on-site gravity system shown on Drawiag No, M-2 (excluding those
portions of tbe system under the building-between manbole #6
and '7 and manbole #16 and '17) and ~e pump station and force
main, 18 accordance witb tbe City requirements, the City will
accept dedication of tbe .yst_ for CJIrIDersbip, maintenance,
and operation,
Upon completion of constructioa aad acceptance by,tbe City. tbe
Owner wfi1:
1. Grut to the City, a 10' wide (it 4eptb or gravity line 18
S' or less) or IS' wide (it over 8' in depth) easement over
tb&t portion of the gravity systea to be maintained by
the City and; . .
2. Deed (warranty deed) a 30' x 30' (or a modified size and
coDfiguration to be mutually agreed upon by tbe Owner and
tbe City) pump statioD 8ite to the City.
Tbe CiQ will require"" TV iDspectioa aDd a one (l~ year main-
tenance bond as a condition ot tinal acceptance.
Wi tb regard to Outparcels '1 (OWIled bf First Federal of Lake
Worth) and 112 (owned by First Americaa Bank). the Owner will
agree to extend the oD-site sanitary sewer system to the
respective parcels subject to tbe following conditions:
Parcel '1 - First Federal of Lake Wortb must agree to pay:
1. Pay lOGS of the cost of the cravity system between
manhole 129 and manhole '19 including stubs to tbeir
parcel.
2. J>ay 100ft ot tbe cost to oversize that portion of
the system between manhole #19 and 'tbe pumping
statioD if required to aecomodate tbe sewage flow
from parcel '1.
3. Pay pro rata sbare (based on lal100age) of tbe total
cost of the pumping statioo aad force main to tbe
existing force main in Congress Ave,
~
Parcel #4 - First American Bank must agree to:
1. Pay 1001 of tbe cost of' tbe gravity system between
Ilanbo1e #32 and Manbo1e n, iDc1uding stubs to tbeir
parcel.
2. Pay 1001 of the cost .to oversize tbat portion of tbe
system between Manbole #S and the pumping station
it required to aecomodate tbe sewage flow from Parcel
H. ·
3. Pay pro rata share, (based OD call0nage) of tbe total
cost of the. pumping statioo and foroe ma.iD to tbe
, existing force maiD OD CoDCresa Ave.
-JI';'.~.a."...Q.:....~"~
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1: .ne Owner of Parcel #1 and #4 do nth -- -- , ,.:..-;:;.:,,:-:.:.
c'JIIl/llencement of constructioD. all costs (en,,~r.c(;:-i!lg. constructlc~,
etc,) required to provide aervice to tbeir parcel(s) via the
~xtensioD and oversizinl ot tbe mall s.pstem, the Owner can delete
thoae portions of tbe system.
c, !!ill
The "City" agrees that tbere is 'presently plant and line
capacity available, to.8atlsty tbe domestic and fire flow
demand requirements for tbe proposed. development of the
"property" and outparcels II. tI2. n and 14 and that there
is presently no moratoriums, etc.. that would pro~ibit
or restrict tbe deve10Jllll8Dt of' tbe "'property" or the
out-parcels.
The ~Dern will iDstall the oD-site water distributioD
syst~ in accordaDce wi tb DIre, 11-3. and iI-3A and tbe
.ite water specificatioD. (SectlOD 15010. 15050. and 15200).
It i8 agreed that tbese drawings aDd specificatioDa bave been
prepared and are in conformance witt. tbe requirements and
standards ot tbe City of Boynton Beach.
It 18 furtber agreed that upon completion of construction of
the OD-site water distribution s,stea shown on Owg, No, M-3
in accordance with City requirements, tbe City will accept
dedication ot the a,stem for tbeir ownersbip. maintenance
and operation.
,
UPOIl completion of construction and ,acceptaDce by tbe City,
tbe Owner will grant a 10' wide ea....nt over tbat portion
of the aystem to be maiDtained by tile City.
. The City rill accept the on-site water distribution system
(includinl bydrants, and all appurteaances) from tbe 'public
maiDS in Congress Ave. aDd Old Boynton Road (proposed) up
to aad 'including tbe water metera.
Tbe water laterals from tbe main loop will be combination
fire and domestic lines,
7ire hydrants and Fire Department coRnections shall be
accessible, -unobscured. and protected as Decessary,
Site water aains and laterale are to be ductile iron pipe min-
imum class SO, Taps for service lines sball be made with a doub
strap saddle and a Mueller Corporatioa stop of the appropriate s
Service lines from 8Ubmain to water .ters are to be ductile ire
pipe, type It copper tubing. or polyethelene #3048. Materials pE
pl~ing code may be used on tbe customer side of tbe water metE
Yater main taps sball be cast iron split tee witb valve.
lIin!DRD of 30" cover will be provided on tbe sampling point detl
sbOWll OD Dwg. Ho, 11-3A,
A 24" square by S" tbick concrete pad will be provided around tl
collar at the top of the valve box shown on Dwg. No. M-3A.
Typical water service detail will be provided per City of Boyntc
Beacb Utility Dept. staDdard detail. .
The o.ner bas the following options regarding tbe 8" fire lines
they. enter the b~lldinl8:
1. &. Modify tbe riser detail to &bow a cross (domestic tee);
b. Bold tbe City harmle.. for tile water lIne. from, tbe
__"_~ro~_into tbe building; and. " " .:
, c ~ -' Install ai1iidI'cat1.D. val ve-'1.Dslde- the' bnUdinc.. w1 th-. .
;_~_.~;ii~~i ~-~~:.~~;~~~~~~~~~~~t:!~~~::'=:~~~4~~~~-~~iy~,~ :~:;
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-
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Dev.....opment Fees S; Charges
The development of the "property" w111 not be subject to any
impact fees, capital~provemeat contributions, assessments,
etc., witb the exception of the following:
1, Capital facilities charges for water and sanitary sewer
service and appropriate meter installatioa charges wll1
be tbe responsibility of each iadividual department store
and small shop center sectioa tenant. Fees will be cal-
culated by the Building Department and payable by each
individual store prior to ,the Building Department's
issuaace of building permits. This is in accordance
witb Chapter 26-34 of tbe code of ordinances. Information
regarding the capital facilities charges will be included
ia tbe tenant's handbook aad eacb tenant will be required
siga a receipt tor the bandbook.
2. Cost participation by Owner in existing water and sanitary
lines ia'Congre88 Ave, as described in Section 4b.l,
3, Cost participation by Owner in the proposed 20" water main
ia Old Boynton Road as described in Sectioa 4b.2.
,
.
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Development Condltions. Stand.rds & Criteria
A. !!:m
1, Parking lot lighting will be eeerty efficient. high
iDtensity discharge ..tal halide lamps. Illumination
levels shall be between ODe-hal~ (l) and three q~arter
(3/4) footcandle average at grade. The shopping center
parking lot lighting system shall be maintained and
operated by the individual property owners. Minimum
OD-site security lighting will be maintained by Boynton
'Beach. Inc. in the event a departaent store ceases to
operate.
2. Sj,ps:
The location of tbe sbopping center identification and
vehicle directional signs are s~ on 0.1. Ro. SP-l.
Tbese silns w11l be as detailed oa Dwg, lIS-I and IIS-2.
3, Storm lines and retention basins shall be sized to
iDclude alc condensate.
4. tandscapinll
Based on the site and building landscape plans (o.g,
No. L-A. L-B. L-C. L-D. BP-l. BP-2 and BP-3). the
requirements ot'tbe ludscape ordinance and any otber
ordinance pertaining to Landscape and open space re-
quirements have been satisfied, The final landscape
construction plan. will be prepared and in conformance
w1~h the plans 11sted above.
Required tree. shall be a minimaa trunk diameter of
two (2) inches wben measured. four and one-balf (4i)
feet above grade and required trees shall be a minimum
o~ eight (8) feet in overall bei~t tmmediately after
planting,
'Requirement tor bedge alona tbe dr1veway abuttin, tbe
Bopton Canal on tbe no~tb property Une bas been
waived per action by the CommunIty Appearance Board.
fto one specie of any "tree" will comprise IDOre than
30-40$ of tbe total quantity used.
The Owner will use native trees and vegetation in sel-
ection of materials. .
"Senegal Date Patin" (Pheon1x Recllnata) will be removed
from the 11st of Palm Trees.
"Tamarind" (Tamarindus indica) will be replaced with
"TlUBarind'. (Lysiloma lati.11quwa)on tbe tree list.
5, Based on tbe existin, vegetatioD on the property. a
tree preservatIon pe~t is not required.
6, Sanitation Service:
.
All refuse from the center section small shop areas
and the dep~..nt stores will be deposited in comp-
actors whleb. will be located in the mall and depar1:llleDt
store service areas. The owner(a) will contract with
a City ot Boyaton Beach licensed vendor for refuse removal
. and dis~_al. _ :'
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'I --.. :'" .J..~" .... ........;...-. '9 ~ .... ....., --:.-.. t' - ...,.." . ..'----.../~'.. ",." "'":._.. ,.. ....,_ ..,...:"'........ _ . ..... ~,~; .....~....... ......' ... ":: __ . ,...'...! ....,.,,/'011,...:.., ''"'...'...r...,
,.-
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~ CrUeriia
B. BUILDINGS
Devel ,lent Co:;;:;: t. :vDS. Star..;;..
1 , General
a,
:::liCab1e Buildin~ Codes will tpply:
, yotoo Beach - Code of Ordin8llCeS
Standard Building Code - 1982 Edition
Standard Mechanica.l Code - 1982 Edition
Standard Plumbing Code - 1982 Edition
Nat.1alal Electrical Code - 1981 Edition
1978 Florida Uodel Energy Code "/1982 :unendments
(C11ma.te Zone 8)
NfPl 101 Life Safety Code - 1981 Idition .
Florida Ra.ndlcap Code - 1978 Edition, 5tb Printing
NPPA 1982 Edition
Building pe~it fees will be b.... on the loca.1
peJ'lll1t fee schedules, In a.rrivUc at the permit fee
evaluations regarding the specialty shop/ma.1l shell
valuations, the specjalty sbop t..aots will pay 60S
ad the ma.1l will pa.y 40$ of the permit fees, The
mall's sba.re ot 401 shall represent the she!! por~10n.
Informa.tion rega.rding the permit fees will be included in
tbe tenant's handbook and ea.cb teDant will be required to
sica a. receipt for the bandbook.
,
AD Engineer's seal is required oa the structura.l drawings
&ad, specs, AD Architect's seal aad signature is
accept,a.b1e on tbe balance of ph,_ a.ad specs,
It i. understood tha.t when submU:ting plans for a.
bUilding permit, the p1a.ns examiaa.tion fee, whicb is
30$ of the permit fee. sha.ll be paid wi tb tbe permit
a.ppl1cation, OWIIer will pay tbe ccmplete fee lOOS at
tbe time of filinc for a.pplica.tioa.
Two (2)sets of plans a.Dd specifications a.re required for
a Building Permit. Three (3) sets of plans ud specs
w111 be required for a. Food Servi:ce operation permit.
Tbe architect's &lid engineer's sipature on the plus
&lid specs must be ,over the embossed seal,'
~e ...11 street &lid mailing addresS will be:
Boynton Beach Ma.ll
801 North Congress Ave.
BoyDtOD Beach, Florida. 33135
b.
c.
d,
e.
f,
g.
'..
All rooms receiving ma.i1 will be tbree (3) digit odd
numbers,
h. The Owner will review tenant plans on the basis of tbeir
meetlDg lease requirements. Tbe Bailding Department
will review tenant plans and issue building permits on
the basis of their meeting code requirements. No tenant
ma.y start construction without obtaining approvals from
both. The Owner's a.gent w111 send a COpy of the
release correspondence to the Building Depa.rtment for
coordination and information only.
i. The Owner will be the general contractd'r under the
license of'Kr. A.C. Rigas wbo is a "certified" general
contractor in the State of norid&. fte Owner shall '
furnish to the City a copy of Mr. Rigas' certiflc&tlon
h......___,- ...:-~-.~- -''''---''&Ild-~.t't.r'''ot au-tborlz.tloll,.'.11.tl-c, tile" Damea. G.f.. '~O, -~ --
"..:.:.:. ,',:___ '-_'" -arso.. authorized to.make perait!.a.pp1icatlonS;,!,n.bis -------
~~1~~~~~~:;le~~~~
~..:~..41>~.'..:.~ .~.. "... ,#O'~~~".'''7..~~.-t.:;:...~~:?t:~~~~::'~''~~-~~.''':-''';'.,,~/;-.~~~:-~""~~~-~~~~:~,':'~. ...',.:, w
10
__ <_." _...,.'.. " '_''-, v _,.'" -" ~_ ,".., '..:' ..__ 'f",~" _", ,...' _~ ,-' " ~ ..' ,-, ,.._...~- .,,,.. ..,..-....' ~,'-r "," ...,~-.. - ,~~ ,,",' .,~~.", .',. ". ,,--' -. " ,., . "~~'''' '......,~,., .,,'. ,',' " '.' ,.-" -
",. -" ... - -.
_._~.._.-.~------------'_.-
.. ~ -.,.. ,'"
~_ ,...._.... lJ I
--".-,. --'-'
k. Four (4) sets each of mallsprl~.~er and sprinkler alarm
drawings (hydraulics. if applicable) shall be submitted
to tbe Building Dept. who will review ud tben turn over
to tbe Fire Department for approval. Also, eacb tenant
will bave to furnish four (4) seta of drawings and
hydraulics (if applicable) to tbe Building Department.
2. Building'
a, Upon completion of the man, certUa spaces will remain
unleased temporarily. Tbese unleased spaces will be
provided with temporary storefronts constructed of
metal studs ud"dz'7wall-to-.a--taeigbt.ot.-approximately
8'-0"., The remaining opening of approxilJlately .. feet will
be draped with visquene to prevent loss of mall air
conditioning ud also to prevent dust from enteri~g tbe
the _11 area and adjacent speclaltf shops. This
method haa been determined acceptable since it is u
unoccupied area,
b. The _11 roof struct~re w111 be desiped based on the
Standard Building Code 1982 Edition with the 201bs/sq, ft.
live load horizontal prOjection as a minimum criteria.
Further. the specific structural cODSiderations for the
roof design. 1n addition to the 20 psf live load. will be
proper analysis of &ll roof areas that ponding will occur,
deslgn of all 7ellef scuppers and relief drains to handle
overflow drainage and general desip of all areas of the
roof that 20 psi live load could exceed 1n accordance
with tbe Standard Building Code and acceptable engineering
practices in the State of Florida.
c. The mall center section type of coDStnction will b,e
Group J( - Type IV. unprotected steel, unlimited area,
single story. sprinklered.
d. The multi-story depar~nt stores type of construction
wlll be Group J( - Type II sprinklered protected steel. un-
1 iml ted area,
e. Fire exit corridor walls will be 8.' co.crete block. No
ceiling is required, DOors into the corridor from the
mall will be B label doors at the rear of the tenant's
spaces aDd w1ll swing 180 degrees in the direction of
travel of the li're corr1dor. The corridors will be
spr1nklered.
f. Tenant spaces shall be separated by I bour walls con-
sisting of metal studs w1tb 5/8" type X plasterboard
on both sides tight to the underside of the DOO! deck.
g, There shall be a separation above the ceiling between
the tenant's storefronts and the concourse area (no flre
rating required).
h, Maximum travel distance to an exit corridor in a sprlnklered
building is 200'. Therefore, the fire exit corridors can
be a m~imum of 400' on center.
'.
.
1. Mall construction would consist of mason1'J exterior walls.
"B" columns, steel bar joists. poured cypSUlll on formboard
or equal,20 year bonded roof. and that tbe building would
be totally sprlDklered.
J. Multi-story buildinC8 muet have accessibil1t7 panels for
Fire Department use. ~
3.,.._...-
~ ~':" -. .0"_ _ __,. .-.._. _ __ ." _. --____'_ -:- _....' ~ ~ _ .~..-...~
,-.......-_'-"7-''--="'-_, k.._ A soils report ~t. be'_-sub.iitted_alonit':"~itb. ~,htf'f~~~~t1on
.',::_. X '''''.-''"~'." ~:,. "':'7:::-'perml,~"appl1cat1oIC,'S' 'l'bl.; report Will include .':;8pUt-apoon..
'.. - -T~'-:~- ,:...., ,',:::.,-~. ~;.penetra ti$!Il:~..tt:..~ba- '.lb8.:.:1il.oJi.:..ccnmt'8 ~-per::.r:~~tl~., '":'::~-'
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-:. ~::;::~~:/!~~~~~~~:~~~~~,~~,~~~~~~;~~-~=~!~ :-^C11;~~E.~.~~~~ '
11
. L..
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B, ILDINGS (cont'd)
1. Kiosks are permitted provided they are constructed per
the building code.
3, Signa
a. Building wall signs will be interpreted as "flat" signs
under the Sign Ordinance. On tbis basis, the signs may
DOt exceed 101 of each face area and may also be illumina
b, Storefront signs inside tbe mall do not require a permit
from the City and must therefore meet only tbe mall
design/sign criteria.
c, Exterior building'wall signs are permitted and allowed
to cover up to 101 of tbe exterior wall area of a mall
center section store. Each major department store may
also apply tbis 101 rule to eacb exterior elevation of
their individual stores.
4, lfecbaDical
a, Water meters to be installed C1II lines over 2" will require
a bypass,
b, Detector checks and meters are not required for either
mall or department stores, Backflow preventers are not
required on domestic services for general water service.
c. Water meters are to be placed i~ pits in the sidewalks.
d, .Ii2 conditioning condensate ne~ not be piped to roof
drains, Tenants will, bowever, be required to install
a splasb pan or similar material on' tbe roof,
Tenant rOOftop units as well as mall roottop units
will be required to bave a walkway material sucb as Carey
Tred installed around tbe perimeter of each unit.
e. .all fountains and elevator or escalator pits sball be
drained to tbe storm system.
f, IDterior sanitary sewer witb stubs in Aacb tenant space
will be provided, wbicb 1@.. acceptable to tbe. CIty.
g, 750 gallon minimum exterior grease interceptors sball be
provided for large food operations and food boutique tenant
The food boutique area is to be served by a common grease t
b.
Trash compactors require a slab to be sloped to a floor
drain wbicb shall be connected to a separate grease trap
or tied to one wbich services a restaurant. This grease
trap sball be connected to tbe sanitary system,
1.
,
Each food boutique tenant sball bave a toilet room.
j.
Stores witb 10 or more employees sball have 2 toilet rooms.
9 or less, one toilet' room (also applies to food boutique
tenan ts') .
.
The'mall maintenance garage floor drain shall be either
the sand and grease types or combination sand and grease
tJPe.
1. PYC schedule 40 pipe may be used for interior storm and
sanitary lines except tbat it cannot penetrate or be used
-'-', -'~-- _'.'L.__ ~,.1a_aJ~.al!~: floor .~r.. ~i~~~C~......,...___.. .' :,~"':_. ,.:."._____,
..--- - .' - - . ~. .--.- .. '..-. - -.;,' ---."- ,...........'--~ - -
, ..
7 7" ""..~,,~.::: ,. .. m~:"" El:i8rgeDcJ.:root;-~rain. :for.~lQcked-1Ii'roof-ar~as:;~.&D~be ~.1ed,
",'- ":",~.:.'I' '''":.'.._,- ". - .., ," 1Ii~o~ the s8.me"'storm: rl8e~:::u' ,tbtt_pr.ime '~f_drji'in:i;-~~::;-:- __:
=:'t~~~~~~~~~~
k,
12
.,. . ~ ..... ..... . ,.., -- ,,'..~.".,. - ....... .,~ ............. ...,. ...~ -- ...... "."'* t ..~ ,.........~ . ,.,.' yr......:.'" ,., ........ ".-~I"" ......, w-.......~ .... ,.. oJ" ~7 ..... ~... .... ~" ..' . ". .
--. - - ._, -
,-
-
'1'....
,... . ,.. .~~ ...., ".-r" - .:-... 0.'''"= ..&.,....." It......
n, S:r.oke detectors in retur~ ;;.::- o:.:-,.::.m allu Cire S::". :",\1
supply air stream must shut tbe H\'AC Uni ts do\\'n, i'.oof pel
etratlons of supply and return ducts wlll be handlod on al
~.divldual basis as to tbe requirements of ~lre dampers.
o. Cel1ings may be used aa return air plenums.
p. Exhaust hoods may bave their own make up air systems.
q, Fiberglas duct is acceptable but must comply with app-
Hcable codes.
r, Toilet exhaust - Botb conventIonal ceiling exhaust and
ductless exhaust-ran8 are acceptable altbough ceiling
exhaust fans are strongl, recommeaded.
s, Rooftop units must be fastened to the structural steel.
Method ot installation is subject to Building Department
apPl'Ov!lI.,
5. Electrical
a,
~rgenc, ligbting witb eitber battery or generator back-
up will be required throughout the mall and in the
individual tenant stores in accordance witb Section 5-9
of Life Safety Code 101; exit stgas shall comply with
Section 5-10 of Life Safety Code 101 and SBe Section 1124.
, .
T7Jle "OF" wire is approved for exterior use under tbe
parking lot and grassed areas pl'Ovided it is installed
24" below grade.
CoDduit run below grade may be calvanized beavy wall steel
or scbedule "40" P,V.C. plastic. Scbedule "80" P.V,C,
should be used 1n lieu of schedule "40;' wbere advserse
conditions exist. Conduit ruD above grade ma, be galvan-
ized beavy wall steel or E.M.T, conduit, P.V.C. conduit
is approved for use on tbe roof provided it is properly
supported.
All non~tallic condu1t after the service entrance point
must bave. a copper grounding conductor run in the conduit.
The use ot "U" armored cable i8 probibited,
Sealtite or Liquidtite conduit cannot exceed 6' in length
and must bave a copper grounding conductor run eitber
inside or outside the conduit.
b.
c.
d.
e.
f.
Flexibile metallic conduit (standard greenfield) is approvel
in lengtbs of 6' at indoor dry locations for .sbort connectil
to ligbting fixtures. etc, Although not strictly required,
it is recommended that awounding conductor be run in all
flexible metallic conduit.
A #12 A..,G, is tbe minimum wire size permitted for branch
circuits.
Aluminum wire Is permitted only in sizes #2 or larger.
Use of all aluminum wire is restricted by exact ;equire-
ments and approvals (see uniform amendment to N,E.C, -
county code), '
Fixture wire, run past tbe ballast of fluorescent lighting
fixtures must be rated at least 90 degrees C.
k. Individual fusing i~,Dot required for fluorescent fixtures
-, wUb -Clas8 .,lIpU. ballast. ... , . ,'.. _ "U~~:~_.'
g.
b.
i.
j.
ih;1;~:;;~~~~~;;iit~~~
~ ~~..iLi,.', till';', '~',~:IU::J.lfJ__._f4.-h ~,'~~~~...,.~~~~
".::,,,, .~. --:~ . "'~'."~~~""~.~N: ~"~~~~~..Ii::::~u',_.~.;..r~~:"':';':i":-=-~''I.-"!~~.~~._~~~~4'::-:: ,~.. 7..~".~.~-::.,:" .;.
'~':'~:.""""~".i..~ .."' a":~~....; 't-, ......~--,,..~ --...~,::~~',....::--.~-~.: :~~~~;~~~~:--~.-:r.~."'~~ ~~~-:-~~r..,...
. :~. , " '.. .. ,...,.... . .'..' .,...",. ,-.\ ':.... "-"-~-'" "-"'~ ,~,..- )' 'T .,- "'" ',' .',..,..,.,,....,...
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,.:. ~.
- '.. :'~ .- \ ... '.~ ~ ~-(' - "''',' . '\... ,"-, ,.. --..- ,. -; ,"..
B. BUILDING (coot'd)
,
1.
Tbe ..ter points will be bus 1a trougb protected by a
maia .witcb, The rule of six (8) maiD disconnects will
appl, to eacb meter point. Jeter rooms are not required,
meter points will be mounted oa tile exterior of the
building,
m.
Individual disconnects at the meter points will be used
for room services. A maiD disconaect in tbe tenant rooms
1s 80t required it aD individual room disconnect is
installed at the meter point. bowever, it is recommended
tbat a main disconnect be ,installed in tbe tenant'. panel.
Direct feeding of individual rooms underground from tbe
truaformer vault w11l be permit'ted provided tbat a
dis~ect switch is installed at the point tbe service
enters othe ~.
Serwice entrance grounding is'ac~lisbed by means of
a driven grounding electrode. The building's metallic
water piping system must be effectively bonded to tbe
grouDding electrode conductor. It is recommended that
tbe building steel also be bonded altbougb it is not
reQ1lired,
The ase of dou~le locknuts is recocnized for ground con-
tin81ty on metallic conduit provided the equipment bole is
pUBChed to the proper size. Where concentric or eccentric
knock outs are utilized. a beDding type busing wi tb a
jumper wire will be required.
Circidt directories for paael. .uSt have permanent ident-
ification markings (preferabl, type written),
The proper color coding of wire i8 as follows: 208 volt
system; "A" phase - black. "B" pbase - red, "C" pbase-
blue, "neutral" - white. 480 volt system; "A" phase -
browa, "B" phase - orange, tIC" pblUl8 - yellow, "neutral" -
gra, , Color coding may be accomplisbed by ei tber taped
or painted ends, ..
All IVAC units must comply with the manufacturer's name-
plate, rating for overcurrent protective devices, Where
tbe .-meplate' markings specify a mu:imum fuse size for
tbe uait. fuses only will be acceptable. ~e overcurrent
protective device,
All fuses and circuit breake~s shall comply with Article
110-9 of the oN.E,C. regarding the iDterrupting ratings of
protective devices. For purposes of determining the
available fault current wbicb the protective devices must
interrupt, the Inspection DepartmeDt "ill use fault
cupreat information supplied to thea by tbe Power Co.
Indiridual meter point disconnects for the t,enant rooms
must. be labeled to indicate the nu.ber of tbe room being
served.. Where more tban one main switcb is located at a
meter point. each must be identified as a "main d.isconnect."
Identification markings for meter point service disconnects
must be a permanent type. Etched lliearta nameplates are
acceptable for this purpose.
n.
o.
p.
q:.
r,
s,'
t.
u,
" ,
v. All air-conditioning and beatiDg COBPOnents installed on
the roof must have a 120 volt a/c convenience' outlet
locat.ed ,~DvenieDt to the rreDeral equipmeDt area. :.
. '__0. .:-.._......,--=..... _ ,'.,__ ,.__,_~...'.._......_. ".'__ . _ _ . .. ~_ ~.,.. __ _ _u___ ..
....- w.-Tbe..tall1c..wa'ter.. pipiDg.Byst__ eraunc,"-conJ!ection sbould be ,
, _.. _, '.; -:':_::::_ .0": ..,~kep~ out..:of_,the: 'e1.i~t,J'.1!CLdo8.8kiL.'J)~.;.~J;l~~!1..E<.J~eel",I~_0~D~~
,~~~~;.;;~~t~BR!~. '~2~~~,..i- '~~~~,- .;~~!f~~l!t':'~, '~,~Ii1' !~~i'Jtlr~~i.'
..~~~-.-"---' '~... '-, --e- os ,__~__~u_, _ wa"III~:.,.,,~ODDUClLQr=-lJ(l n ~ .......a c
~,~"l .~.==-!~\S_~-~t;lt__1U. ~1.~ld~.~ i'lUtU~ ~'G\i~~1~~~;..:tJ.~~
, 0, ,.,." " '::~:_~':-"':-:i8~o8;i'6jtt~t'"o1;opbY8iea.'1'-diiiii~".:~~""o~:~.~.:~,~: ,:,:;" :,"":- ~=. "'"'" -:,_,:,; ~:..
14
';.. l' -.' '," ''''-:..~'' :'.". ..':'",..1........',... .......~. ~,,,,,,....,,, -......_.~....u..~... .......... ;-.._ """.._..... """.0:'""', .......~''''' .'t.:.... t:-.. _.~..:''r.'" #.....~__.. "..";." __I -..".'_ ';; "':"''' .' __ ..,
.. '.. -
/
I
.i, --.
,
.u~ ~,G
x. Tn accordance with Article 410-65(c) of the ~,F..C" :.~~
recessed incandesceDt 11~htinl fixtures shall have thermal
protection and shall be 80 ideetifled as thermally protecte
,. Ia accordance witb Article 410-61 of the N,E.C" thermal
insulaUon" includ1D1 1..ulated ..V.A.C, duch'Ork shall
not be installed within three (3) inches of the recessed
Uxtures enclosure, wiring compartment, or ballast and
shall not be so installed above ~e fixture as to entrap
heat or prevent the free circulation ot air unless the
fixture Is otherwise identified for installation within
thermal insulation.
z. Where recessed ligbtinl fixtures are installed in a fire
rated ceiling, (such as tbe lower level ceilings of a
..Itl-Ievel dep~rtment store). tbe D.L, design standards
.. listed in the 1982 fire resistance directory will
apply to tbe lDOUDtinl. encloslng ud support of tbe
fixt.ures,
6. Fire Protection
a, Unleased areas need not be sprlnklered, However, should
&&7 unleased area be used for storage of any sort, the
iat.erior metal stud divider walls IlUst bave 5/8" type X
drywall applied from existiDI floor and sealed tight to
the underside of roof deck.
#
b, Fire extinguishers shall not be required within the fIre
exit corridors,
c, The entire mall center ae~tion, specialty shops, and
department stores wIll be 'totally -.prinklered,
d. Wall post indicator valves will be used at each riser in lieu
yard post indicator . valves out...in the parkinR lot.
e.
A sIamese connection (Fire Dept, cocnection) shall be
located at each riser.
f.
I.
The _11 is not located ill a fire district,
The ~rinkler s,stem CaD be either'scbedule pipe or hy-
draulically calculated system (Ord1a&rf Group Hazard 1 I) .
h.
SpriDklers are not required in switchRear.,telephoDe
equipaent, electrical meter and eleY&tor equipment rooms,
elevator shafts, walk-in coolers aDd freezers. The Fire
Dept. reserves tbe right to require sprinklers if a sit-
uation is as required by Code.' ,"
1.
Wall post indicator valves must be chained.
The mall. concourse and tenant areas are allowed to be
fed from the same sprinkler riser so 10D~ as each riser
1s separately monitored and supervised per water flow and
water supply meets cQde requirements for sprinkler dens-
ity and valves are available and accessible to shut off
areas controlled ~f the sprinkler riser, all as tequired by Cc
j.
k.
1.
The F1re Dept. utilizes Rational Standard Tread.
Fire bydrants are to have 4-1/2" steamer cOnnections.
m. 2-1/2. bose valves shall be located 1n all tire ex~t '
. ~'I_~', corridors,-a! -o"~ back from door leacUnl__ln1;2..~~~c01.!:r:IlI.!.____.___ -..
~_ .~,~=..._a,!,e~!_Jlose, valves are ~ot. re~u.ir~ t~U~~ ill cab~nets. '.
~~~~~~:"'~ii~~~~::=~~ii~;;~~~J~iie~~~~~i~~~~~~~~J~~:.'.~
~';'~~A'--' Nl';"..'" . _~;j;.~7Iil~T ...-.".---~- -~_.-..-,--~~T~'" A
. . ::. -' . ~,,,,- - ~.,,'i.' -=~:""'---~-:O-~ .~...,:::- !t':~':.-.....-.; ,....,...:~ ~- :;~::.~~:":~ ~:~~-~~.~i":.=-:';:"'",,,, . ,. - __ .,'-, ;,..., ~:;:-".....
I
15
.'_ _'. ..'........,...,.... ..'.... ",' ..".0:-.',' .".. , .. ..,_,.. '-;'" _~~.~,,",, ... "..*"""'_ ~~ , ''': ...._~ .~'.~..... _. ..~-:-. .~,__,_. .....,...,'..... ...:.'..... '...... :__ ..........,....,..._~!.,~..,... .....,..-~." --.,'. .-. - ."';~ ...... "O;:T.-.~ ~-...~""':-..:.., ...~....r: . ~.~
, L .~,""~.- --,.,..~",J. ',,'.....
.,
'\~
"","~.#."" '"':'"..,.....'~;..........-
B. Q.l):' -..- .cont'd)
o. The Fire Department 1s requirin~ all tenants to have
a 10 lb, multl-purpose fire extinguisher located at
a maximum travel dlstance of 15' from any point in
eacb room.' Also 10 Ib, multi-purpose fire ext1n~-
uisbers are required iD telephone equipment. switch-
gear and electrical eauipment rooms, The Fire Dept.
reserves tbe right to add/delete extinguishers on
an individual teDaDt basis based on reco~nized good
practice.
p. A remote fire alarm paDel sball be supervised by a
remote monitoring statioD such as Honeywell, AM or
Security Central.
q. Alarm bells are not required throughout tbe mall,
Owner wl11 submit notification aDd alarm concept
philosophy and/or plane .. required by Oode. Owner
w111 submit concourse 8IIIOke control concept phil-
osopby and/or plaDS as required by Code,
APPROVED AND ACCEPTED THIS
~ , 1983 by:
DAY
,
BO~ ~CH 0 17.:~ J _
BY~~BER' Vice President
CI'lT OF BOYNTON BEACH, FLORIDA
BY
.
'~.
~-,~'~~.-.~. ~.
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. :,~~~~-~~~<,-:..,(~~
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RESOLUTION NO. R-7IJ- 343
RESOLUTION APPROVING DEVELOPMENT OF REGIONAL IMPACT
-..---.-"..
WHEREAS, the Board of Coun~y Commissioners, as the governing
body, pursuant to the authority vested in Chapter 163 and Chapter 125,
Florida Statutes, and Chapter 70-863, Laws of Florida, Special Acts of
1970. is authorized and empowered to consider petitions ~elating to
zoning; and
WHEREAS, the Board of County Commissioners, as the governing
body of local government having jurisdiction. pursuant to Chapter
380.031 and Chapter 380.06, Florida Statutes, is authorized and empowere:
.0 consider applications for development approval of developments of
regional impacr; and
WHEREAS, the notice and hearing requirements as provided for
in Chapter 402,5 of the Palm Beach County Zoning Code Ordinance No.
73-2 and Chapter 380.06 (7) have been satisfied; and
WHEREAS, Petition No. DRI-74-2 was presented to the Board of
County Commissioners of Palm Beach County at' i~s public hearing con-
ducted on 25 April 1974,
NOW, THEREFORE, BE IT RESOLVED BY THE 30ARD OF COUNTY COMMIS-
SIONERS or PALM BEACH COUNTY, FLORIDA, assembled in regular session
this 25th day of April, 1974, that Petition !Io. DRI-74-2 by The Edl"ard
DeBartolo Corporation for development approval of a development
of regional impact of a parcel of land lying and being in Section 19,
Township ~5 South, Range 43 East, more particularly described as follows:
a tract of land beginning at the Southwest corner of Tract 38, as
shown on the plat of Section 19, Township 45 South, Range 43 East.
recorded in Plat Bool< 7, page 19; thence run North 0051' 51" West
(assu~ed), along the West line of its Northerly extension of said
~-act 38, a distance of 1332.27 feet; thence run South 870 58' 21"
West, a distance of 20.0 feet; thence run North 00 51' 51" West, a
distance of 1191,31 feet; thence run North 880 5' 26" East, a disrance
f> 4{,i'::s' l'b 3
,J'
of 1800.0 feet; thence run South 00 59' 39- East. a distance of ~72.86
feet; thence run North 880 5' 26" East. a dis'tance of 750.84 feet;
thence run South 00 59' 39" East. a distance of 90,01 feet; thence
run South 880 S' 26" West. a distance of 856.73 feet; thence run South
430 32' 5li" West. a distance of 57.02 feet; 1:b.ence run South 00 59'
39" East, a distance of 529.99 feet; thence run South 460 27' 6" East,
a distance of 56.11 feet; thence run North 880 5' 26" East. a distance
of 856,73 feet; thence run South 00 59' 39" East. a distance of 90.01
feet; thence run South 880 5' 26" Wes't. a distance of 856.73 feet;
thence run South 43032' 54" West. a distance of 57.02 feet; thence
run South 00 59' 39" East, a distance of 529.99 feet; thence run South
6027' 6" East, a distance of 56.11 feet; thence run North 8805'
26" East, a distance of 856.73 feet; thence run South 00 59' 39" East,
a distance of 90.01 feet; thence run South 880 5' 26" West. a distance
of 856.73 feet; thence run South 430 32' 53" West. a distance of 57.02
feet; thence"run South 00 59' 39" East. a disi:ance of 581.62 feet;
the~ce run No:";~ 8 go 46' 34" West. a distance of 1640.0 feet to the
Point of Beginning. Said property located on the south side of Lake
Worth Drainage District Boynton Canal and on the west side of Congress
Avenue, containing approximately 103 acres, was approved as advertised,
subject to the following special conditions:
/'
Developer shall:
1) provide continuous left turn lane on Congress Avenue
from south of State Road 80~ to just north of project;
2) provide channelized right turn lanes on Congress Ave-
nue into the three (3) entrances to Congress Avenue
nor-r~ approach;
3) install signals at all entrances to the site except
the west entrance and Old Boynton Road;
4) provide at the intersection of Old Boynton Road anc
Congress Avenue:
a. left turn lane south approach
b. signalization installed by developer;
5) provide at the intersection of State Road 804 and
-2-
,
,
,-"
entrance road extension:
a. right turn lane east approach
b. left turn lane west approach
c, right and left turn lanes north approach;
6) provide at the intersection of Congress Avenue and
State Road 804:
a, signalization up-graded by the developer
b, right, thru, and left turn lanes all approaches;
7) aLl signals on Congress Avenue shall be progressive
linked;
8) receive approval of drainage from the Lake Wor"h
Drainage District;
9) preserve the pine area located on the subject property;
10) Boundary Plat shall be filed.
BE IT FURTHER RESOLVED that a copy of this resolution CDevelop-
ment Order) shall be transmitted to the State Land Planning Agency,
the owner or developer (petitioner) and a courtesy copy furnished to
the South Florida Regional Planning Council.
The foregoing resolution was offered by Commissioner Weaver
who moved its adoption. The motion was seconded by Commissioner
Warren
, and UDon being put to a vote, the vote was as follows:
Robert F. Culpepper
E. W. Weaver
Robert C, Johnson
George V, Warren
Lake Lytal
- Aye
- Aye
- Aye
- Aye
- Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 7th
day of
l,:ay
. 1974, confirming action
of 25 Ap~il 1974.
APPRO'/EI) f,S TO FI:;:~.' MID
1 I r'" ",I <::;Ir".~t"l~., "(
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PALH BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COHMISSIO:n:RS
JOHN B, DUNKLE, Clerk
. /_ "......-:::/ W.7
I,(.."{./ .........'.
Deputy Clerk \,
-3-
SENT BY:
3-20-96 4:33PM
Boynton Bch fax~
'305~274303j# 2
MINUTES -' PLAliNING AND ZOm:NG BOARD
BOYNTON BEACH;' FLORIDA
NOVEMBER 9, 1982
xn 1983, when this is reviewed .gain, Mr. Linkous thouoht this
ahou1d be addresse4.
, .
aefore a motion waa made, Mr. Mauti wished to make a statement.
As Chairman. Ryder 1mew, Mr. Mauti stated he WilS a tirm believer
of ~h. Comprehensive Plan. Be was &1.so a 'firm believer of pro-
vidinq the adequa~e range of hoU8~~ prices ~o provide .ui~abl.
11 vinq environment in all neighborhoods. and. . preserve the
sound 4we11i:nq in ne:t.qhborhoode.
Mr. Hauti moved t.o deny 'the applica'tion, seconded by Mr. B..ter.
No discussion. '!'he motion aarried 7-0, and t.he application was
den.1ed.
PUBL:IC HEARING
PAR.l(:I~G LOT VAlUANCE REOUEST
Boynton Beach Mall
Davie!- S.. pres..ly, E,aq.
BoYnton Be.qh, Inc. . '
N. II. ccrner Old Boynton aoaa and COngress Avenue
Relie~ from requiremen~. of ~icl. X, "park1ng
Lou",. Chapter 5, Section 5-141., (1<) of Ordinance
.. 82-8, wh.1oh would require doul:)le stripiDlJ of
park1nq atalla, ~ Section 5-141 (D), which would
require & concre~. curb atop for each parking
stall.
'Chai~ ~y4er informed ~ ~. t,hat tha matter before them
na .. request for a. variance from the Parking Lot: Ordinance the
: City Htab~i.he4 fa1rly JB:ICmtly. Be said that OrClinance requires
t.hat the Plann1no anCl Zoning :aoara consider requests for
variances, lIIld their decision is final. ' Chairimm R.yder said
this was net a1miJ.e.r to' an instance where they recommend approval
of a ait.e plan and aubaequen't:ly the matter goea on t.o t.he Cit.y .
Council for ~1nal consideration. Be just v1ahed t.o point out
the cU.tterC!nce .here' and sai.d. -it ',was dictoat..a. gy the Parking
ordinance.
Project Namal
AQ'ent I
owner :
Locatiexu
Deacript:ioc:a
., .
Cha1rman Ryder .aid ;:hey were addressing eliminatinq what
apparently was cons1derad two 1JnpOrtant. elements at the t.ime this
Ordinance wa.. c!raftec!. 'Be s.id:the Board. wiuI considering
eliminat.inq elements in _. .Ma~l t:.bat has 'yet t.o be built.. They
have had z:-equasts prior to thi. (chang.. in exist.1no malls), and
in some caso., Cba1rman',Ryder said the Board found :Lt impractical
to deny r~ts fo;, change.. _ He .ud they ",.re talki.nq aklout a
brilnd ftaw Mall aN! 'aeaut element.a t.hat. it. was felt woulc1 be in
1:.be int.eres't.a of ~h. car par~er, .a well as the shopper.
Chairman Rycier'cont.inued by saying the matter of the double
8trip:l.nq helpS. eo line up your car. Bqpefully, if everybody
elae linea up between ,the double str1p1Z1(l, your neiqhoor t 8 door
16 -
SENr BY:
3-20-96 4:34PM
Boynton Bch tax~
130542'74303;# 3
MINOTZS - PLABRING AND ZONING, BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 9, 1982
ia not. ;cing to awinO' open ~d .you end up With some dent.s. "Tbat
i. t.he purpose ot that.," Chairman Ryder remarked.
mqua~~YI the purpose of ~e concrete curb a. a stop again is to
rsqul.ate the niovement:. of traf~1c .because without that., Chairman
Ryder ..id they could have traffic going forward or backward or
whichever way 1:.hey Call .J.ip t.hrouc;h where they are not. IIUPPOS~
1:0 and .d d..~..t the purpo.. o~ 'trying to arrive at lIomething
t:.hat will. be convenient and will not. cause concern 'to 'the
shoppers. .
Carmen Annunziato, C:l..ty P1Annor, told the Members they received
in their Ac;en4a packetll It copt of a Mugrandum which told of the
TechzU.cal Roview Board I a recoDlllllm4a'tioZUI w:1t:h respect to the..
two veriaDc... wMch lie .aid he wouJ..d read end try to paraphrase
aame to the iaauea.
With respect to the request ~or variance. to the parki.ft9 Lot:
C~e. Mr. ADnunziato sa~d 1:.bere' ar~ two poUl1:S.. One concerns
the requirement to prOVide double 1mo paint:ed stri.pes for
.ach park1nq stall, &n4 ~he .ecand concem1. 1:.ha requ1rel1l8nt for
. tbe 1'1ae...n1:. of a concre1:.. car .~op at:' each parking 8t:all.
The appli.cant .1s reques1::1.ng rel.tef :from both of these sections
which on po1n1: One i8 Seet.10I1 5-141 (]c) and on the latter is
5-141 (d). Mr. Annunaiato '.aid t:.bo.. are SOC'tion citationafrom
the Boyza1:on _ch eoa..
Mr. Annunziato coc'tLnu.c! by rea4ing. from his Memor-.ndum dated
Rovamber 2, 19821
1''nJs ree-- ata't:ecl ~ ,mgxx:1: of -t::t. requested V'II:J:'ianc::c ere,
wit:h reap8ct. to ArwWo.l ~ ll1wd at:rip1r.a
.~ ~ ~'h'. l:im p-i~ at:r1pee ue en eddi-
~ONU ~" 1:0 tl1e ~ wit:b:U: ~ ~taat
"""ofI1't to the PI"'" ot,,'. r
m1. W1th rM~ to t:hI required cum stepS
'Tb8 curb st:apa BJ:8 Dat CIll.y a rW,t-'4 "'WQI 1'lII.1.I:rt.em
prd:U_ bat ~ alm .. buard to ~..
Mr. Annunz1at:o infomDlSd t.he Board 'that. the ':echnical Review
Board met on ~aday. November 2, 198,2 anc! reviewed ~h.
material., which iDclu4eCl 'the 'ite plan ana. v~iano. applicat.ion.
It was the r.coll1lll8n4ation of the '1'ec1mical. Review Board 'that
'thes. variance requ.lI'ts be 4eni.4. 'rbe Board %101:.4, in i'ts
41..CU..10DC, tha't the 'applioant'. reasoDS for requesting 'th..e
var1anc.. w.re aomewba't finanaia1 and i:ha:t t:h. bene:!i1: to the
1'ub~1.e wh1cb would re.ult 'by gran't.:Lng th... varianc.. waa
quaat:t.onable, given the conoomit:ant reduction in pUblic .afety
which would reault by eliminating curbs and double striping.
Mr. Annunaiato further read from page 2 of his Memorcndum:
lib Ibm! (~CIJ. Re91ew Br::la%dl ocncl\Z1ed that the ~
far: do""". atripinq reault:ed :&an i;he redUction. 1r1 perking stall
dim:lna:Lon a1ze frcm 10 feet 'to 9 :feet, end that. placement. of ~
- 17 -
SENT BY:
3-20-9~_j 4:35PM
Boynton Bch fax~
1305,uJ..'74303j" 4
MINUTES - PLANNING AND ZONING BOARD
DOYN'rON DBAa!. FLORXDA
NOVEMBER 9, 1982
"w:111 result 1n a DCre orderly fi.cJw of 1:raff1c. at
Mr. Annunziato wanted to add to that somewhat in re.pect to the
car S1:opa. ae said the -rev1.ew that waa done by the Techn1.cal
ReView Board (the statemeni:a maa. and the conclusions reached)
were based on t:.ha need to provide a safe, .mr.1.rcmment to aut.o-
mobiles and'p6deatriana in the.. parking module., .. they exist
.on the propoaed plan.' Mr. Annunz:l.ato said you cou.14 aee there
are seveJ:'al modules of parkin~, and tb..e modules are separated
by landscaped c~b d:i. v;Ldera . Be said there were perhaps t:wenty
of .the.. surrounding the proposed Mall. Wi1:bin each of the:se
modules , t.here e.re probably 200 or 300 parking stalls for the
la.rger onea and somewhat ~ewor for 'the smaller onea.
AQain, ,~he issue cODCerning" curb .tops' was ue.ffic flow safety.
J4r. Annunziato i~ormed the Board. He 'thought i:.here were aOJD8
siCj;lUifican't reasona for 'this and he said' there were .ome
Significant reason. for -net ~ caz:b II't:c:p ~.v-r.,i'"9' the IID.fety also, and
it 1s the applicant' a ob1.igation .t.o ins1:ruc~ the Board.
. .
COncerning the double linea striping, Mr. Annunziato said there
was a need when they 'Went from 1.0 feet to 9 ~ee't to channe1.
automob1~es into the center of .park1ng s'tal1.8. Mr. Annunziato
said 1::h8y f8el, _ 1:.ba 1It:*ff, that the doUble 1.ibe at:rip1n9 prornc::ri;e.
parkinq. of aut.oJIICbi~.a in a 8'1ngl. parkinG stall, therefore,
making the 9 zoot vi.ble.
Cha:l.rman Rt4er a.ked. 'l'iD1 Cannon, .AaeiS'tant City Plmmer, t:o qo to'
the map and indicate how the car. would be parked He alao ..eked
him to show how they would 1:oe 1n t:o the curb s'topa c.a 1.11 what.
manner they woulc! be 8tackea up. Mr. ':Cazmon confirmed 'that.
they would b-. perpencUcu1ar on either si4e of these vertical
lines. MJ:. Cannon sai4 it was 900 parking. Chairman Ryder
aet.el:'nd.zae4 ~bat in each ca.., 'they woulcl 'toe int.o the curb &DcS
back out., and 'the CGrlS".1rlOuld be ,back to. back.
Mr. Annunziata said they were typical parking lot confiqurat.ions
and d1.mane:lons and they couJ:d .lil!ee, in t.h:l~ regard.. it is 90
degrees into the cem:er of the aisle 0:: 'the oenter of the park-
1uQ bay. The point Cha1rman RyCSer was t:rying 'to _ke before was
lack1ng those ew:bs, they would not have that condition of toe-
ing in 1n each ca.o. They'might, come ~ one way and go past the
eDC! of 'the 8"11 1nt.o 'the next. one' or half way in ei'ther one,
which happens very ,often. ~.tead of backing 'out., Chairman
Ryd.er sai4 they wou.1.4 be. pulling into ~he roadway wh.re other
cars baak out;.. That ,was one ctf 'the coneicler.Uona 'for ~:y1:Qg
t;o aontrol 't.he '1:ra~fia movemeut, which waa .801n1lt.h1nq ~hat the
curb would proviae, Cbairman R~er' pointea out.
Mr. Wa~deli:. comment.ad t.hat. ~ goad example was Sunshine Square
pr'1or to the ~enova.t.iOIl. Some lane. were even blocked of'f bee&use
cars could no1: pull in far' enouqh. Chairman Ryder saic! they a..
some very horr:l.ble examples. Be said be lSeelS 1 t in a new Mall,
the Town Center Mall in Boca, Raton.
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SENT BY:
3-20-96 4:36PM
Boynton Bch fax~
13054274303;# 5
MINU'l'ES - PLANNING AND ZONING BOARD
BOtNTON BEACB, PU:.ltIDA
NOVEMBER 9, 1982
Chairman Ryder thoUc;ht:. the plans ware qreat. Se said they have
proliferaJ. ctrc:uJ.at1on: they <10 not. have 'the parkiaq just in one
.pot 80 if people qet eauqht in ehowers they do not have to go
a long way t.o" qat :to the:Lr car. Chairman Ryder thouqht
proliferal acca.. was 1mport:.Imt.. Se alao t.houqht the way the
bay. were divided was qreat and certainly commendable. Chairman
. . Ryc!er did not know 0: any'tliinq currently tbat approached t.hat.
convenience.
Cha.1:r:m1lU Ryaor wanted t.o further hold this 'Q,p as a model example
by the d.ouble a1:rip1nq and. ay the' c:onc:~ete c:ur}:)s.
Chairmau aydor commented ~bat both this matter and the site
p,lan are vJ. tal c:oncerns ~ the C1 t1" becaus. 1:hey do not have malls
coming 1nto 1;be Cit.r too often.. Be thouqht. it. was ~te apparent
to the applicant.s, .. well.. t.o Members Qf the Board, that a
goad deal of study has been afforded the plans. The Technical
R.eview Board, -the depart_nul heads,. City Planner, . City Manager
and everybody' has c;otten" into' the' pi.cture ,becaU8e of the 'fact
that l.t 18 so unique and !:)ecause of the fact th;at they are qoinq
'to be prowl t:.o have the Boyz:l'ton Beach Ma~l hen.
ChairmaD Ryder want.ed "to feel, t.ha't 'they 'Would not a-tt.empt t.o
ccmaprcmi.., although he thought it was. gt'ea't ~ayaut, and do
away "'10th something wh1ch they'may re9:'81:. ~e referred 1:0 other
mall. where you just ric!e 9ver the parkinq at.all. because there
18 noth1n.; to si:.ap you,' mul. you do no1: know where you gelon9.
bre, with th. proliferal circulation, Chairman Ryder saic! you
. have con'trolled .'traffic 'to a' qre~~ extent, but when you get.
inside the parkinO aroas iacking the concrete cmrb stops, there
YQU may have a problem. Otherwise, all. to~ often, Chairman
Ryder ..:l.d car. really do not kDgw when 'they belong. They
ride all .over ,th!t place aDd they ride over the pleces where there
is supposed to be park1nq st.alls.
Chairman Ryder said he 'WOuld like to see -me adoption of these
'two 1..u.s, whioh ware felt to be 1Jnportant. '~~d no't feel,
tha't was capri-cioua. As tar a8 the matter of e;xpense., Chairman
Ryder 'Wu aUra 'that was not the maj or =':308rn to the app11eant.
Be hon..tly felt: t.hat,perhap. t.he applicant.. felt that it. 'Was
not the bon. t.hat: 80me of them felt. it. would. ,be. Cha:lrman
Ryder's own fe6li~g was tbat -the BOard definitely should 00 alonq
with it.~
Mr. D~ck Creco, Vic. Pr..14en't.l Edward J. ]).Bart.o~o Corporat1on,
7620 Market Street, 'You:agat::.own,.'Ohio 44512, 8&1.4 t.hey had eome
a long way ainc. they weJ:e here last. Be was sorry they a~l had
op:l.zU.on. before he stat.ed their case ancl saJ.d 11; was unu.ual.
M any ra,te, Mr. Greco sa.id. picture. of the Mall are on the
board, and they hope t.o take excav.t.ion.permi~a the 17th of t.h18
month -to proceed. When t.hey get in:t:.o 'the site plen, Mr. Creco
told the Members they ~u~d Bee'~ number of paqes which Mr.
- 19 -
,-
SENT BY:
i 3-20-96 4:36PM
Boynton Bch fax"
1305A274303i# 6
M:tNU'l'ES - PLANNING Am) ZONING BOARD
BOYNTON BilACB, !'LORIDA
NOVEMBER 9, 1982
Annunziato will roacl. They are condensed down into a very few
paraQ'raphs. Mr. Greco stated that the work that 'Went into that
was extensive. 'They 'had a number 'of their people here that had
been workinc;J all 'day and bave been com1nq back on II. weekly basis.
As they poin't:ed out~ Mr. Greco ~aid if you go over everything,
t.hey are in aoreem!!mt with pra.ct1cally everythiuQ except these
two little items that. are before the Board this evening.
Certainly, Mr. .Graco admitted, it. is nO't a mat.t.er of coat.
On'tbe double striping. Mr. Greco ~tated tbat.they had considered
tha-c the l.ast coupl.. of Clay" and talked tcr Mr. Annunziato today.
~. Greco a.i4 ~ey conc.~cl that t.hey wouJ.d go ahead and do tha't..
Be addec!~ "We "don't; feel it ia necessary, b,* it probably will be
a l:l-ct.le more convenient., ao there is no problem wit.h t.hai:..
We're going ~o go ahead' with double I!I't:r1ping.1I
Mr. Greed. t:old t.he ~ra of t.he Board they were talking about
4700 parkin.; apacea with regarc! to curb e'tops at. the end, at
this particul.ar location. He ventured to aay tha't there is not:
cro1nq eo be &npth~ ahopp:!.Dg center 'this size ever in Boynt.cn
Beach, as it would not.. be tug enough t.o aWltain t.wo of them with
1,000,000 square fe.t~
Mr. CJrec:o wantad to aay alao that. the Ordinance. thai; addr...es
parking in BoyntOn BeaC!h ia probably eme of th. best tha't they
bave ever a.en in the country. '!'he DeBartolo COrporation 'is the.
larfJe8t bu:llder of ahopp!no malls in the world. They own and
opera't. 250, 000 parking apaces. Per OV8r 30 years they have
built ~eae thin98, anc! Mr. Greco aa.ie! they have t.o do their own
studies based on what. is beat for 'their cU8't:.orAers, clients, and
'thai:. 'type e:t' thing, 80 they ~ert.Idn~y probably know what: i.
goCK! e.n4 bad 111 a eho;Jp1Dg center. "'rhey have built more than
anyone in the world, and. p.opl~ come ~o them for advice on 'them.
Mr. Greco said he would :'alia. some thing- t~ght and try t.o t.ell
why 'they do nOi: . want to dp this. Be re11:era'ted. that it. Was not
a matter of dollars. 'When yau are b~ldinc;;r ei m\11't1...milli~n
e!oJ.lar fac1:l1t.y of t.h1. na.t.ure, Mr. Greco said a few curb stops
is not going t:a bother tbem one way or another. except. they
feel 11: is not in the besi: interest of the center nor t.he City.
CertaUlly. Mr. Greco po1ntec1 out. the City would not writ. aD
orc!inanc. around an edific:e of this nat.ure, ~caus. t.hey ~re not.
l;oinq 1:0 ha". any l'IIOr8 thia ai.e. Mr. Greco at.ated 'that they could
,not oompare aame ~70P spaces wi~ a 7-11 or "a .trip center or oven
a little smuJ. mU~ wit.h a few tbouaend square feet. They are
entirely and abaeJ.u'taly, different. Again. Mr. Greco commented
that the C1 ty '. orctinance ia an excellent one. Curb step. are
n.c....ry where you have a convenience .tor~ or people park up
again.t t.he sidewalk or up close to a bu11~ng or near a fence or
near a landscaped area or.someth1ng of tha't nature. Mr. Greco
.tated t.here were a number of reasons why they do net use them
b6t'6.
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'3054274303;# 7
MINUTES - PLANNING AND ZONING BOARD
BOYlITON BEACH, FLOlUM
NOVEMBER 9, 1982
Years ago, the DeBartolo Corporation installed curb stops in
sliveral of. t.heir mall., Mr. Greco cont.inued. 'rhey have all been
removed and for' a reason. As was "Pointed out., Mr. Greco said
theee are separated in various bays. Be said he woula have one
of t.heir enqineers point. out ~ the Board hew the traffic circulat.es
and why. "You don I t always want. people backinQ int.o a t.raffic
lane, n Mr. Greco advised.. Be said that was more dangerous than
croinQ forward when y.ou can see. Anybody can see t.hat.. It 1 a a
very s~ple matter.
Hz:'. Greco said t.hat ul en the uhinQII that theY' have tried to do
on this, Mall bav. been extena1 va, as MlIJIi)erll couJ.a :1.maQ1ne, such as
where are you QO~q to put the bosell for the fire, pick-up of
t.rash and garbaoe, ete. Be informed Members of the Board that they
have been 9O~no around afta arounc!l for mentha, and they are ~n
agreement with every .:Lngl. th1ncr. Mr. Greco ~ted to say from
City Man8.Qer Cheney' on down, and evm:ybocly on the staff, they have
been excellent. ' Be a-tat.ed, the..'wera re.lat.:ively minor i.au..
and if 1:.hey bave ~ do it, fine, but. t.hey d:1d not think it. was
riqht for them or the City. ,Mr. G:r:'e'ClO want.ea t.o 'try :t:.o expla.in
. 'to Members of the Board, and he hoped -tlat 1:.heir minds were not
1:.otally made up, as t:bey already said before 1:.he applicanu
spoke. because he t.houqht Member'll of the sOarc1 woulc1 be ma1cing a
mia-take.
Hz:'. Greco passed out a II Shopping Center ])evelopmen~ Handbook" to
Members of the Board, which .is put out by' nULl: - the 'Orban Land
J:natitute, Washington, 1). c. II Be informec1 the MemOera tbat ,the
Urban Land Ina't1 tute 1s an' independent, noo,,:"profi t, research
educational orqanizat.;i.C?n, and tbcrr put gut. apecificat..ions, etc. on
DUmy, many issues sb t.hat bu:11dera and people from all ov.er 'the
war~d 'oan caJ.l in and fin&! out what you should. <10 1:11 varioua and
partiQU~ar situae1oaa. .
:tn talking about parking, Mr. Greco noted they said park1no in
shopping centera mUlt. 1;>>. ..imple" t.rouble free, and safe. '1'lle
ahoppazo .boule! be -able to move to the parking area w1 thout: prior
knowledge of 'the laycU't. ae roach .'
"A ~'l"1d."Oa baY CC' w:p-ld.m JID!ule 1D a ~ parldn; 1'* i.D::ludM
t:be dri~ a.i.a1.a IIDd tb8 staIls em bath s1dea. Ai~)- em also
&er:"IM as ~Ldan \IiIII!IP ]aM"~ 'to 1:1w .wtm:ea. '~sed walka l::let:.weeD 1:bI blya ~ UDr.eCl:l..m:y ~ ~i\l'C. In eddit.1ar1, ~ pla1:fat'DIS
~'wi1:h ..V"'O,1m4 8DOW' rcII'DWIl (~.. ao zx:rt bave dawn
hIa:e). Whael at:cps also ccapllcat:e 1lI!lCbm1cal cl88n1r.lg cpmt.icmII.
ODly where pe~inQ' spacee are ~1lCII!!I2t t:o accea.'dr1veways cr where
'I:blu:e are 1AM.~~"emu abc=l4 'Wheal stopI be ~""","",.'~ (Mr.
Greco C1reII e.tt:ent:1c:a'1 to the fact 'that ill tbI: oaly t1ue t:1-.y ..~Il~
11:.) ,
Mr. Gr.co aaiea t.hey QO em i:.o say a surface parki.nq, faeiliq of
aever.~ thousand spaces Dhould be ~ vided int.o aeve~al ..C't::1ons
(like theirs is) for reedy iden~1f1cat~on ~ p..k1ng locations.
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i. 3-20-86 4:38PM
Boynton Bch fa~
13054'l!74303i# 8
MINtrrES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 9, 1982
Mr. Groco further road:
II. . . !:I!Ich c1 the divt!llot ,..,. sh:Iuld oa:rta1n a rtIIX:11'run of approxi._
mrte1y 800 tD 1,000 ,spBC88. II
"!'or the ~ err ~ cem:ar, partd.nl; alc:lD; the
~wut.. :L. a good ~. . 'lb:t.a ......49" pa:mit.s the
,CICI:MW1ience of qu1ck ~1:s to t:1B 8't:arM and quick tur%x:wer of
pd;ma spaces. Here \t'heel at:opa, fraat. kurper Q\IU'ds, at' extended
bum linea m:e required. t:c pr:eMm't the int::usia:l af car :frcx1ts
iDt.o 't:ha CIInCpj eel wllaayII. II
. III moa":: every iDs-eance, in our community or others, Mr. Greco
..id t;n..o t;binJif. are ab.olut;ely necessary.. What. the Urban Lana
~nstitute (Which is ono of tho biggest research companies in the
world) was saying is, it should not be put in th1s 'type of t.h1nq,
Mr. Greco told Membe'rs of the goud. Be said Greiner Engineer-
,ing, which built ''the ,airport in '1'~a and the one in Orlando,
:makes projects allover 'the 'United Stat.es an~ do a lo't o~ design
work for DeBartolo.. Mr. Greco said 'they asked Greiner Engineer-
ing in referenoe .to thi. part.icular question reqarding the use
o~ wheel st:opa in large parkinq lOt.. .
Mr. G1',"eco reported, that h. was able 1:0 find scme other reference..
He referred to "Parking Principles, Special Report 125. B1ghwal"
R...arch Board, W.shingi:on, D. e., 1971, 105 and 106,." as
~Qllow.1 . . .
In general, 't:l).e end. of pa~k,intJ stalls with ena blocks
can be marked, ~ . satisfactory ;faahiOD with only a
paint line. Whee~' st:op ~oc:ks or curbing in ~he
interior of -ebe lot have many clisadvan'taqes. They
interfere wi't.h i:.he prem:l.se, are a hazard to people
walking botween cara, provide traps for blowing debris,
ana interfere wi t:h anow lying 1n northern areas.
,
Pedestrian sidewalks are sometimes used in large park-
ing 101:8 t:o .eParate .rowa of cars .anc! to provide more
favorable walking eona1 'tian. . People :valk1nq to and
f~ cara IIIOst often use th. aiale., however. and t.he
value of interior walkway. 1. debatable.
In ac!c!1 t10n, t:h. u.. of wh.el at.opa or continuous curbs
in large park;ing ,area. force. ent:eriilQ vehicles .earch-
inq ~or a conveienot park:l.D:q spac. to circulate to t:he
eDel o~ the a181a end make a "U. 1:urn to the next a1.si..
'I'h1a t.ype of e1roulat::Lon pattern inuoducea addi. tional
traffic conflicts on the ring road and/or cruising lane
adjacent to the buildino and inerea... vehicle runninq
time in, t.he loot. (Mr. Greco point.ed out 'that you do no't
ha...,e t.his problem in Cl small shopping center or 7-11
store. )
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SENT BY~
3-20-96 4:39PM
Boynton Bch fax~
13054274303;# S
MINU'r:B:S - PIaANNING AND ZONING BOARD
BOYNTON BEACH. FLORIDA
NOVEMBER 9, 1982
~. Greco told the Members, "As you know. increased running time
eontr:Lbute. to the ihcreaaed air' pollution em..iana." Given
the literature cautioning aqainat unn.Cea.ary u.. of wheel stopa
and the fact that most. of the parking 10ta are divided with
parking bays and channelized to the extent that the speeds
and. circulation are minimized, Mr. Greco believed that the
City of Boynton Beach should reconsider their perception of the
advantllQes of wbeel atop..
~. Greco asked tb:lt. 'their. Project. Enqinee:- show how these 'things
work. He said they do not want: cars Dac1d.ng up. Mr. Greco
assured everyone t~t they. llave done t.hie over' tb.1rty years of
. studyp .M::.. Greco, t.old the Member. i:o ~er.tand that: there will
be five major depar1:mant .i:ores (people like Jordan Marsh.
Macy IS, Penney' IS. and SeGrIS)-, and he tho;l1Q'ht theso people ought
to know whet they are. taJ:kinq about. Mr. Greco said they do
Dot want wheel stops or requ.ire "t'hem e1thar. ' Be said they are
their c:ustomer., and they have gone to everyone of t.he.. things
li)eBar1:01o has bid on. 'rbat 1. the reuou Mr. Greeo said they
ao not put t:ham i:here. If they fe~1: that:. they were needed, Mr.
Greco 8aid, II Certainly, we would'Pat cm:b ~. Wha1: in the world
are ourb stops when you are .apandl.ng miJ.l:i.ons of dollars _ 't:o builCl
. mall?"
Davie! S. Pr..,.ly, E.q., Moyle, Jone. and, Flanigan, P.A., 707 North
I'laql.~ Ox-iva, West: Palm Beacb,' J'loric1a, eold the Boe;:d Members
that ba.ically, wit.h regari to :t:be1r whol.. approach on laying out
a shoppinq center site, be wan:t:ed to ~irat talk abo,* tho
shopping circu1a~ion and ~n the pe4..~ian ..pect.a of it..
Primarily, a~ far as t.he project 'is concerned, Mr. Press1.y said
. they have three ac~.. drives on' Conqress Avenue and two acce..
drives on 0J.4 Boynton Road. '1'h~r appr.aach is qettinq the
tra~:f:1c: in, off of the public tnorouqhfare, up into II. nzjor.
internal circulatidn road .which completely rings t.he shopping
,center ,parkinq lot of the perimeter.
Mr. Pressly explained "that the idea is t.o Qet the traffic in,
QIIt:. 'them on th18 roadW&l, and let them c1.rculat.e 'to where they
want. 'to QO up and park. Ail _ part of the overall parkin; plan,
Mr. pre.sly aua, 'a. Chai:man Ryder had indicat.ed, ,
'they have bJ::Okan up the parking field nth major eight to ten
, foot lanClscape4 are.. .approximat.ely every fourth or fift~ parking
r~. ' .
~. id.. t.hat. bad been rai.ec! before wi tb regard t.o .afei:y, Mr,
Pr.essly showed't.he Boar:cl MeJDbe:oa, was t.hat. if someone came in
here ana wanted .-t.o cut. clear acro.. the parking lot to get. 1:0
t.his parkinfJ field in front of this c!apar1:ment store. be would. be
prohibit.ed. from d.oinc; tha1:.. Oe'Y'iouely; Mr.. Pre.sly cont.inued, if
.. car come. in, the:.. 1:. .. landscaped curb island which forces
t.hat car to come in ana oi ther ,turn righ1:. or t.urn loft. In each
change of d1recti.on of the parking field., Mr. Pressly said they ,
have develope~ a major entry road. to brine; the cars, if t.hey so
desire, up to: the build1nq mass, or if t.hey want. to come in e.n~
drop somebody ,of~ and then circulate from there to find a park1.n9
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Boynton Bch fax~
13054274303:#10
16 i
;4271
...
MINU'l'XS - PLANllT~G AND ZONING BOARD
BOYNrollT BEACH, FLORIDA
NOVEMBER 9, 1982
apace.
In either 'one of these instances, Mr. Pressly informed the Board,
they have..pproxi~~e1y 300 to 350 parkin; space.' in each one of
these areas. As Mr. ,Greco lndicatedl. .s far as Urban Land
Insti'tute is concerne4,. they are saying 800 t.o l, 000 space., Hr.
Pre..ly advised. Be' sai4 ~ey ha". cut that into half because
they are concerned elso about. the safe'ty of their cuatomers.
. .
When a paUOft drives in and come. up to a particular are,a, )U:~orney
Pre..ly showed where 'he moves into a parking apace. ee added
that .1f the patron, by chance, lIees anether parking apace that
i. . 11ttle bit c+oaer i~ to the .tore, the only choice that
the partOtl has i. to back out and to go up_ and ngst :1.na'tances
w:1.ll qo up t:o the building. Mr. Pressly shoWtld where a car
co.. 11P .t.o a. place he desi9llate" on the overlay, 1 t wouJ.d have
1:0 go up two 'more rawe ~o p~l into anot.her parking space. What
'that doea, 'he pcint~d out~ ie t.o incr..se t.he number of vehicle.
and peaestrian conf.1ict.a that occur '11111led1ately up there,
adjacent. to t.he building.
., .
, Chairmaa R.yder Dote4 tb~re wa. not.h1ng 'to atop th~ f%:om going
from one of ~. vertical lendseapa4 SU1P8 'to the other one,
goinc; crosswi.. or north and south. With t.he installat.ion of the
, curb stepa, Mr.' Pr...ly said 'that would pro~bit. t.hem from cloi~
. t"hat. That.a what Cha1rman Ryder was get.t.ing after - tbat be
, could. alide, alcnq ana if 1:11. pa'tron did cot like Where he we,
he could move'over toanot.her spot within 'thoee two strips. It
w.. true that 'they cut down the area :Lnvolved by hav:1.ng th..e
41ff.rent entri.., but Chairman Ryder pointed out there waa st.ill
t.he po..ibUi~y that he couJ:d go erosllwi....
. .
,
Hr. Pr...ly 4i.agree4 be~use if an individual came in t.here, there
. is. a rai..d c:a.=- islaD! (wb4.C;h Mr. Pressly indicated, on the over lay l.
Which i. landscaped'! Bet.ween 'tLhat. ~d the eme to the left, Chair-
man Ryder ..i~ 'the patron can <<;0 anywh.re inbe1;.ween t Attorney
P~lIaly arquecl that. be could not:. W:l.t.h the i~~allation of curb
stops, A1:1:c~ey pre..ly' st:a'ted that be would. not De pez:m1 tted to
do that. Cha-i:zDai1 Ry-der said, '"WithOut. the cur!:l stops." Mr.
Pressly agr.aed that. without the curb atops he .could. Tnat. was
exactly what Chairman lly4er was dri ring at..
Mr. Greco did not think Chairman R.yder underat.ooc1 why they do not
want curb .top.. . ~torXLlIY ,Pre.e~y. further:.xplainec! that. if an
indi"idual came. in here (be point.a' 'to . place on 'the overlay)
anc1 aees a parking space, what. he Will 40 is cont.inue on to the
crui.ing lane up a4jacent. t.o the Dw.ldiDC;. He will" t.hen ccme
down :from a place he sbowed on t:he over~ay ~o a parking space
over. in anot.her area (which. Att.orney pre.sly indicated). What
they wOJ1lCl. like h:1.m to dO, Attorney Presaly continued, is if he
Qat:a ,1n'to an area and he' .... a parking sPllce over here, he can
move acros. ill coupl~ ot row. of park.1ng to get: intc 'that park1Dg
.pac.. Chairman lltder r~ke~ that was uncontrolled, He
emphaaized tba't i1: was an uncontrolled movement and 6~ unexpected
movement..
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SENT BY:
3-20-96 i 4:42PM
Boynton Bch fax~
, 30542J4303 i'" 3
MINU'rES - PlJANNING AND ZONING BOARD
BOYNTON BEACH. nOlUDA
NOVEMBER 9. 1982
of two n.w xinds of Claims in the loss front we had never
..81'1" before. These two new kind II of 10llsoe were directly
at'tribU'table ~o t.he ulle of bumper blocks. and t.hey were
as 1!ollows;
(1) Automobile ~viDtJ avo;- 'them and damaginq tires
aDd UDd.er carriage.
(2) BocUly injurie." from tr1ppi11Q over them.
Our lo.s stati."tica indicated the fo~l.owinq cbanqe in
e~eri.nc. 1n_th~ three year perj,o~ monit.oredi
. In 1967, we ha4 32' iDer.... in claims because of
these things, "
In 1968 - . 34' increase in clatm..
In 1.969 - . 39. increa.. ~ claima.
Mr. Greco ....1d t.hat. was t.ho point; where t~ey recommende<! that
curD 8topa be c!1acont:1nuec!.. Be pointed out; t;hat t.h:La ia a very
~arq. insurance carrier.. It not Only cover. them but other
!>>8cpl.. In vi.w of ,w~t they know an4 their insurance company
telling theDl t.hia, Mr. Greco .~1d thay tOok t.be curb 81:Ops out
of the few centera: t.)1ey bad 1:118111' in about ten' or t.vel ve years
a;,o, incluc!ing several large a1:.1:1p aentC'8 t;.'hey had, unJ.e.. t.hey
were up against 'the eidewalk or Ii building.
Knowing th.1a, 1f they 1nat:e+1' curb steps, unle.. 'they are !Dade
~O, Mr. Greco -.dv1..d ~znbers of 'the Board. that. if someone tr1>>_
aDd breaks their neck or eomebody knocks 'the boti:om of their
car out, then',1:hey have a prQblem becaus. t;hey lenow it. is not the
thing ~ do. 11: is not proper in: t.hi'l part.iaular 'thin;. Mr .
G~e~o auessed' t.ba~ 'they were not: here in coDfl~c:t or c:r.1 i:1zinq
the City'. .or41nance or .any'thin; of that; natw:'e. Be said. t.he
C1 t:y'. people coulcl 'not have Deen nicer to t.hem in everything
they have done. Mr. Greco a't:at.e4 they were about r.ady t;o go
and were CJoin9'to go anyway' on December 17th. Be repeated that.
t.hey f'~lt this was wrono (t:he curb st:op.).
Mr. Greco again called atbant;1on to the fact t:hat. they have had
t:hirty years of experience plws" everybody tbat they have asked
'the question of il aD exp_t in it, that haa said th1s # 1nc:lud1ng
there 18 over 30' increase in cla1ms tha year. t.hat. they have
had 'theae in.. Mr. Greco did net know what el.e they could say
ezcept. they 4id not feel 1t ~ right.
"gre~'t.ably, CheirmlUl Ryder could net ahow Mr. Greco any
examp~ee o~ where tbey do this. All he find. is the parkin;
.'trip. are be~ng used: to, be traversed, not 'to park. They
run over 11:, and Chairman "Ryder remarked, "That I S not the
intent, 115 it,. of't.he parking .'tall? The parking stall was
int.endea for the car to park~ but. withOut. any barriers, they are
j use used as roadWll~s. II" "
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3-20-96 i 4:43PM
Boynton Bch fax~
13054274303;#15
MINUTES - PLANN~NG AND ZONZNG BOARD
BOnrraN BEACH; FLORIDA
NOVEMBER 9, 1982
opening. Mr. Linkous believed tWO were in the same room at the
hospital - ona with . bro~en leg and the other with a broken knee
cap. ae told Ch~rman Ryder they be.ve the bumper stopa. M.r .
IJ.nkoua was IU!vised today t.Mt the contract which they had to
mainta.1n =d, keep t.he parkinq lot clean is qo1.nq to increase as
of next month. Be wholeheartedly agreed wit:h Mr. Greco and
Attorney Pressly.
Mr. Lj,nkoua said he ltOald ~ to grant th. wrl.",... %eqUBt, ha~ had
persemal expltrience w:i:th i't. 'M1'tb 4700 parking spacea. Mr.
Linkoua agre.c! there will. be a lo't of lawau1 'ta . Mr. Greco aqa1n
informed the Board Member.a that .'they bad :from 30:1 to 381 increase
1n 'thr.. year. on Just tbat one 1ssue, and 'theY' ju.t could not
a:ffora 't~ haw 1:bat happen. If they put them 1n, Mr. Greco
said they were put'ting t:heJn 1n "1.m.~'Y because the Board 1.. saying,
"'You have 'to do :Lt." Mr. GreCo warned the Board Members this
'WCuld make 'th. C.1:ty a party to the problem~ Be said their
Cour1: aeporter was t:here ~on.iqht: for only one reason - to know
t:hat he (Mr. Greco) mad. the pitcb on behal.f of the ccmpany that:
t.hey do not. want 't1\18 'th1ng. .Mr. areco ~aized t.hat t.hey know
what haPP8D:8, .and he humb~ said, in somet.hing of this nat.ure
which wi~l never occur in 1:he City of Boyn-t,on Beach again, he
would not. require it. .ba~ea on t.hU:1:Y year. of experienc. (not.
his but the company I. and all o:f t.he ollb.r people 'that. are
1nvolve4). Mr. Greco did J1C't ae. how .they could arque wit.h
Federated, Allied, and the people 014'1; of Washington that ao this
re.earcb year 1n an4 year out.
Viee Chairman Winter aareed. Be was familiar with the Publix
Shopping Center before and aft..r. It baa QQt.t.en 1:0 the pcint
'''h.nt Vic.. Chairman Winter does -Aot care to GO in there any more
wi t.h 'the way b. has to nc:iw park. Be was alao th1nk1no of the
Town Center in Boea Ra:t.on, and he' could just. ... his w1fe drivinO
t.he lenqf:i1 of ona D~ock an.d com1nq all the way back in again for
.. park:!.nq space wh1ch ia ala.. i~ to t:.he .1:Or... Mr. Wan&!elt
commented 'that by the ,time she qat. there~ it 1s gone. Vi e.-
Chairman Wiz~,'ter tho'Uqht. Members' of 'the Board should address them-
eelv.. to 'the amou.n't of pf..X'K;ng spac.. in any partietJJ.ar shopping
CeAter. Be had to aqree with Mr. Greco, ~a't in cert.a1n .hopping
cent.ers w~re you may hav. only 20, 30, 40, or 100 spac.., but
when You are t.alkiDQ' about 4. 000 or 5,000 spaces, you are aaare.s-
~g yourself 'to Dome'th1no en'ti:ely 4i.:eferent,I' ana be would not.
want to bave 'to drive.
Mr. Mauti thought what basically would be the biggest problem,
w:L 1:.hou1:. curb st.apa, was 1f they 41d not have i:bo.. plant.r. 'there,
. i 1:. would be like a .peedway. Vice CbaiJ:"1llSD Winte: remarkec! thae
bad nothing to do wi th it, ClHli:man Ryder said they l'Ain1DU.zecl
'that by doino what they did. Mr. Mauti 1:.hought that wu a big
as.et.
Mr. Linkous ~ote4 ~h.1:. t.he appJ.1centa agroed that double st.ripinq
is all r1qht. He added too. that they were lOOking at probably
$47.000 to install those. Ultimately, the people have to pay
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