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CORRESPONDENCE FRU-CON DEVELOPMENT ID:314-391-4572 APR 02'97 14:50 No.012 P.Ol ~ FRU-tGN 15933 Clayton Roa~ 3011-2146) P.O. Box 100 Bmllwin. Missouri 63022~100 314/391.6700 TRANSMIl\ _ NO,: JOBIPROJECT NO: 7~JlOR~ FILE NO.: F) ~ Date: 412/97 Time: 2:45 ""'''''.....-...---.....--- No. of Pages: t"_'F!;i;!'iG AND \-- '" APR _ 3 1997 FACSIMILE TRANSMISSION TO FROM Mr. Jerzy Lewicki Terry Henne City of Boynton Beach Planning and Fru-Con Development Corporation Zoning Department cc: p, Morris, S. Page (NicholsJPage) ATTN: FAX NO.: 561/375-6090 FAX NO,: 314/391-4572 TEL. NO: 001/37.5-0250 TEl. NO.: 314/391-8700 SUBJECT: Blockbuster Video's Development Order and Plan Sign off We woUld like to advise you that the owner, Boynton Lakes Plaza Partnership, has reviewed and is in agreement with the language provided in Ms. Heyden's letter of March 28. 1997 addressing items 19 and 32 of the Development Order, We hava advised Mr. Page of the same and he will be stopping by to make the nece66ary addition to plans in order 10 receive Planning and Zoning's sign off, thus allowing them to pull their building permIts. We request that you make the necessary language changes to items 19 and 32 of the Development Order. After these changes have been made please provide the Owner with a copy of the revised Development Order. We appreciate your assistance in this matter. Should you have any questions please do not hes.itate to call. The info~e'io~ oo~ta!ned In tll!UacelmUe meee.e.ge 1$ l!ll~~l.'d [(lIthe ~~lsUT,...llmd confidontial "ga..e1 the Ilddfe~$e$ named ab[IVO Tni& me5&age may ContB~~ leg8~ly pnvdeged and/or conflden~1II 'nformaVotl, If fle re.der Of this mD&5al/s i& nol the inl&nde<J rl:N)lpJetl!, you <lIlI horoby notified hI you ~.- '._,V...:! th,.. d"""""'(II'It "' $'r(\r, $nd 1"'-1 any rel/lew. ooeoee,,,Ine.tion, diet..ibulion, or OQf>ylng of thlll mCMlSlge ill eolnoliy prchibill:'d. If yt1U hllve received this comrnunlcaUon In etror, p!eau, notify u& immediately by 1elephone and return tile or;Olllal dOcument to US by mllll, We will I'IllrnbUrill any cost~ InCIJrrotlln notlfylng u& and returning thIS me~$lIge 10 I,I~, 1'I')~'j~o\(>l\l~ FRU-CON DEVELOPMENT CORPORATION Construotlon · Engineering · Projcot Development. TechnicalScrvit;e5 t"lAR-31-1997 09:09 FROM FRU-CON EXECUTlUE TO 1540611~915613756090 P.02 ~ rlr~1 r..:..-j;.it ~ W ~ 00-1 ., n'\ 1 U U U ' :':1.~R 3 I j997 MEMORANDUM PLANNING AND ZONING DEPT. nu-m- FROM: Tambri Heyden Richard G. Maloof A.A. Zehner Terry Harms Allen Goins peggy H. Morris ~~\n Nia Facsimile: 561-375-6357 & 561-375..6(90) TO: CC: (.l Lt..- ~(i" i :5 * ),1 ., tP .j/.; Bloc Vi P DATE: March 31, 1997 RE: Boynton lakes Plaza/Blockbuster Video Thank you for your letter Of March 28, 1897. However, to confirm a message I left with your assistant this morning, we don't believe that the language provided in that letter addresses our concerns. Specifically. we have the following questions: (I) what you mean by "SubdivisIon., Since we understand that the parcel is already subdivided by virtue of the waiver of plat, and Qi) if the parcel is sold but the U$e does not changed (e.g., a sale of the parcel to Blockbuster or a third party and Blockbuster remains as a tenant on the parcel), why an administrative zonlng review Is necessary? dtL ~ f ~ Please call at your earliest convenience, and if you cannot reach me, please call Terry Harms at 314-391-4623. Thank you. ~~/etlb rq; ~;:: ~II-<- fU~<~ ~ ~wf~~~d!::. l:s&3.lGlayton noau "alhrin. MftlO\JfJ I;.QQll /... ----~ ------_."- CI~ 0.1: {,14) 8~1.46'19 TclcooP'ti (314) ae'-11:11 TOTRL P.02 I A'~v ~,dYr-I-e/-' .. .JAY~~~ ~ 1f/ rr.~ ~ MAP-31-199? 18:01 FROM FRU-CON EXECUTIVE TO lS40611~9156137S6357 P.02 ~ MEMORANDUM ,aU-tD. TO: Tambri Heyden (via facsimile: 561-375-6357 & 561..s7~) cc: Richard G. Maloof A.A. Zehner Terry Harms Allen Goins FROM: DATE: HE: Peggy H. Morris March 31, 1997 Boynton Lakes Plaza/Blockbuster Video ~~\t Thank you for your letter of March 31, 1997 in response to my memorandum to you of the same date. Unfortunately, I do not believe that your reply is responsive to the questions presented. 1. ~Vpdivision. Your letter and the code definition of "subdlvision" state that a subdivision of land is effectuated by recording a plat or by a metes and bounds de$Cription. Since we have already obtained a waiver of plat, however, it is my understandng that the subdMsion of the Blockbuster outparcel h~$ already been 8CC00'\plished by virtue of that waiver. Consequently, it does not seem to make sense to have a note on the survey and site plan indicating that the outparcel leased by Blockbuster shall not b" subdivided and recorded prior to administrative zoning code approval when the property has a1r~agy been subdivided becay~e of the waiver of Dlat. If the waiver of plat did not effectuate the subdivision of the outparcel, what did it accomplish? 2. Zoning. Clearly, a waiver of pJat has nothing to do with zoning compliance. My question, however, was if we have zoning approval for a Blockbuster Video, and if there is no change in the ..u.u of the outparcel when it is conveyed as a separate parcel, why is an administrative zoning review necessary? I look forward to speaking with you directly, and will call tomorrow to arrange a mutually convenient time for us to address these issues. Thank you. ~ rn @ U \1J rn mil I R I -1997 ll!Ui L ~', ~ ; ~'------'1 ,'. ,.- ,; " ~:' ;:. ' "- j ""'-_""''>'<V>_'~'~''''~-S- Oir9et O~I: ('14) 391"'~7. T8Iecopy: (314) "1424 1GMO CJe,.. Roact BaIlWln. MIIIOUn eae" TDTAL P.02 rrfte City of r.Boynton r.Beacli 100 'E. 'Boynton 'Btaen 'Boufevard P.O. 'Bo~310 'Boynton 'Btaen, :J{oritfa 33425-0310 City 9fa[{: (407) 375-6000 1"JU: (407) 375-6090 March 28, 1997 Via facsimile: 314-391-4624 Peggy H, Morris 15933 Clayton Road Ballwin, Missouri 63022-0100 Re: Blockbuster Video at Boynton Lakes Plaza Southeast corner of Congress Avenue and Hypoluxo Road Dear Ms, Morris: I have read the March 19, 1997 letter you prepared for me to sign to allow two City Commission conditions of approval (#19 and #32) for Blockbuster Video to be altered administratively without reapplying to the Commission for a modification to the approval. This letter serves to replace your letter and to more simply and accurately document the agreed revisions to the referenced conditions. Staff will sign off on the Blockbuster Video permit subject to all conditions of approval; however with revisions to #19 and #32 as follows: 19, Provide a note on both the survey and site plan indicating that the property leased by Blockbuster Video shall not be subdivided and recorded with Palm Beach County prior to administrative zoning code approval by the City of Boynton Beach, 32. In connection with the Blockbuster Video site plan approval, subdivision of land within the Boynton Lakes plaza plat is not proposed as was originally planned when the plat waiver was granted by the Commission in 1993, However, in the event the owner of land to be leased by Blockbuster Video wishes to subdivide, the waiver shall continue to be valid negating the need to file a replat application, This shall not preclude the requirement of administrative zoning code approval by the city that is required in connection with all subdivisions of land. Please authorize Stephen Page to add to the site plan and survey the wording within condition #19 above to allow staff to issue the building permit immediately, By copy of this letter, Mr. Lewicki will sign off once the above note appears on the plans. Sincerely, /- . _, ,_I I /, "<=::-:-_~'./li.-v,vl,-),-1... >J- V:~k-71" ~,,,,,j Tambri J, Heyden, AICP Planning and Zoning Director T JH:dar xc: Kerry Willis, City Manager Jerzy Lewicki, Assistant Planner Stephen Page .9l.merica's qateway to tfu quIfstream MAR-25-1997 15:53 FROM FRU=CON EXECUTllJE TO 1540511~~155137563S7 P.02 ~~ Ie ....u. March 18. 1 997 1'" ~ AoIIIl ,., O. loa 100 ......... "-"" ....0100 ~ rw\ P ~__ 'M~~ ~ o .... N. .... ca.ntfIII eoun..I Frv-CofI Dt..~ CotPor-.n =t~=~ ~s.eaeo} I I T.mbri J. ....yd.n,iAICP ~nino and 2oni. Director The City of 80vntdn Beach '00 EDt Boynton "ach Boulevard Boynton "Ich, Fl&ida 33425-0310 ! Re: I Blockbuster Video It Boynton lake. Plaza Your File No. NWSP 98-013 Location: Southeut Corn.r of Congre.. Avenue and Hypoluxo Road. City of Boynton ,.,eh. Florida Dear Ms. Heyden: I PI'I~ r,fer to your letter of February 12, 1897, to Mr. Stephen M. Paee, and the Development Order of the City Commission of the City of Boynton Beach, Florida , {the -Ord...-) attached thereto. The Order addr..... 8kx:kbulter Vtdeo'a request for "ovII of its &it~ pIIn for consttUCtJon of ita C)f'ototYP8 video store on property located in and forming I P.rt of the Boynton lakes "'-18 shoppjng center depk;t.d I. Outparcel 2 on the Mise'UlMoUS Compflance Plan approved by the City of Boynton Beach on March 2, 1993, " mod;~ on June 15, 1993 (the .OutparceIW). S~ific.Hy, please direct your attention to Items 1 9 and 32 found. reapectively, on ~ges 2 and 3 of the Ord.r. Item 19 requir. the placement of a note an the 8Iockbust~ Video survey and sit. plan incllcating that ownership of the Outparce' c.nnot be tr.n.f4ned without approval by the City of Boynton Beach. Item 32 recommends that Jhe 1 1)93 exception to pletting approval fOt the Outpercel expire at the time a certificate of occupancy is issued for Blockbu.-cer. This 'etter wilt confirm and c1etify the March 118, 1997, conference can among you, Mr. Page and the undersigned during which c.rtain subdiviSion and zoning matters, as well as Items 19 and 32, were dilcussed. As you know, the Outparce' is located within the Boynton Lakes Plaza shopping center, which is owned by Boynton Lakes Plaz. Partnership, a Florida genera' p.rtnersh.p (the -Pannership.), and leased to Blockbuster Video. Pursuant to the lease, Btockbuster has, among other things. the right to construct I buDding on the Outparcel. as well aa I right lof first r,fusal to purchase the Outparcel in the ev.nt the Partnership .... it ..parl'le and apart from the remainder of the shop~ng center. RW~ DlVILDPWIaIT CllJUIIIII&A-'- * MAR-25-1997 15:54 FROM ~RU-CON EXECuTIVE TO 1540511~915613756357 P,03 Tambri J. "'yd.n~ Alep March 11, 11t7 ..... 2 In ~t r.gard, you have adviaed m. thlt, bl.ed upon the wlive' of plat 1DPI'0Yed by the .Oynton leach "'nnino and Development Board .t its meeting of s.tembw '4, 18183, and the hrtnership'. comofi.nce with the condition of approv.' of w.iv... of plat, .. evidenced by Michael Haao', tetter of October 10, , 984, If the P.rtne~ip electa to subdivide the Outperc.l and ..II it apart from the remainder of the ctnter,\.!te will not be required to ,.plat the Outplrcel Ind submit the same to the City of Boynton Beach, it. Planning Ind Zoning Commi..ion Of any other City baird. commil8ion or department for .ppnw81 sine. the wliver of pllt exempts the Outparcel from the necessity of pl.tti09 or repl.tting in the .vent of subdivision Ind .ale. Th.t it, _ to the Outl)lrc.l, the wliver of plat effectively cre.tes . legally subdivided .nd platted outlot of the ~ centerO .-P?t t\ ~r~~~ ~ ^j r.{.v i e.u,' , .., You:notid~.tlOW.v.r-:-thlt if .ny event occur. with respect to~ that necNaitat.. :the issuance of . permit (for example. .n oc~uP8nCV permit or building permit), which would arise in connection with a slle or change in use of the Outp.re.1 or new construction in exce.. o~.~ the Outparcet, the City will r.quire an edmiMtrltive zoning review of" .ib vtanOf the Outpercel. It is my understanding that the administrative zoning review is not I form.', lengthy review by the City or its Planning .. and Zoning Commission. but is rather an interna', ad hoc administrative review I.QIIIx to 1 determin. th8t the Outparcel is in comptiance with zoning reQuirements of the City then \~ffec1. ______,_____- . ___ Consequently, if the Partnership sel" the Outpercel .part from the shopping center to I third I)IrtV (other than Blockbuster). that event wit trigger an administrative zoning review proc", if, for example, .n occupancy permit must be isaued to the new owner. If, however, the Pertnersh;p either s811s the Outparcel (i) to Blockbuster pur8uant to ita right of firat refusalg Blockbuster continues its prf$ent b~n... on the site, or (ii) to a third part)' Ud Blockbuster continues its present business as a tenant on the site. an .dministrative toning review by the City will not be required in conneCtion with that transfer of ownership since no event triggering the .au.nee of a permit will have occurred . Wittl respect to Blockbuster's request for appc-oval, you advised Mr. Page .nd me th.t the Gulparcel and 810ckbu8ter'. site plan meet allloning requirements of the City of 8oynton8each, including without limitation, setbacks and parking. You also stlted that becauN of the ero.. access and cross parking .greementa .mong the owners of the o\ltparcels at the shopping center and the shoppinO center itself, if the use of the Outparcel should change in the future, parking would still comply with City zoning requirements. 't the foregoing accurately reflects the understanc:lings discU88ed in our recent conference call, pie... have an .uthorized representative of the City of Boynton Beach sign below and return this letter to the undersigned, retaining the enclosed copy hereof for your file.. Upon my receipt of the letter, IS so executed, '---.. . '1\ J ~6i /-1 ~ f'lAR- 25-1997 15 : SS FROM FRU-Cct-I EXECUT I IJE TO 1540611~91S5137563S7 P.04 Tambri J. Heyden, Alep Merch ,., 18'7 PlOt 3 en Item , 8 of the Order will be chInged to reld a. follows: -Provide. note on both the eurvey .nd .ite plan indicating that except for a trlnef. of oW""Mip to Blockbuster Of to I third PlrtY where in either ca.. Blockbuater continua ita pre..nt busine.. It the tit., the property ownerahip camot be traneferted without administrative zoning review bV tM City of Boynton Beachw: eii) It.m 32 will be deleted in its entirety from the Order and the waive, of plat for BoYnton~ Plaza will remain in full force and effect; Ind (ui) the Partn4trahip will lor.. that if Iny .yent should o<:cur which Mce.it.... the iauanc. of . permit pertaining to the Outparcel. the Partner.hip . Clun a lite plan/plat of the Outparce' to be submitted to the City for. . I~ zoning review. ?::p Y..... ~1?;4"' Peggy H. MorN Vice President .nd Genera' Counse' On behllf of The Fru.con Project., Inc., general partner of Boynton Lake. Plala Partnership ~ Nf~ Enclosure cc:(w/o Inclosure) Richlrd G. Maloof A.A. Zehner Terry "m. Alen Goiftl Stephen M. P.ge (via facsimile: 954.771.2031) CONFIRMED AND AGREED TO THIS _ DAY OF MARCH, 1997. CITY OF BOYNTON BEACH, FLORIDA By: Name: Title: TDTAL P. 04 . g w ~ 11 " ~ o :J: CJ - 2 .. 9 A T Iii !to ... N A S l;1o 0 C Februery 21, 1997 Faxed to; (561 )375-6090 The CIty of Boynton Buch 100 East Boynton Beach Boulevard &o.,man Beach. Florida 3342.&-0310 AlTN: Tambri J. Hevden. AICP ,laMing end Zcring Director 8Iock~ Video ~ NWSP 98-01 a 96069 RE: NPDA 1= Dear Tembri: w. recsived JKJtioe from Torry Hanna with Fru-Con Development Corporation. which $tates our oleos fOt the above referenced project are. unaooepte.bIe. As such.. they win not sign off on our plans. Fru~Con informed us that ther. was _ plat wavier. dealing with cfoss....sement and setbacks,. whkoh was epproved by the Planning and Zoning Board in September, 1893 whiGh must romeJn 88 .p~'oved. Fru~Con was never copied on the ~dltl9Qs of AI'ln(pyRl. which I had taken for granite as 'IOU had copied them on .U corrapondeneas to date. Hopefully, we do not have to go baek. to tha Ccmmisslon. and you can assist us with the modification to the t;onditil'\ns -$)f A,pQroval. Wa have addressed all of the plan reviewers permit drowing cMlments to date. and this is the only outstanding lSsue. I wilt be on v8oation I"lIWI: weeL so DIElS58 contact Tarry Harms with Fru-Gon at (314) 3;1-4623 Monday grTuesday. next week. If you hive .ny qUNtiOJ'l:l, or If we c.n be of further service. please do not hesltate to call. Thank you for your assistance. yv~e s haG ~ VIC8 Pr"uhJ.~ Nichola/PAO. Dnign A.-nc.. Inc. q:01 E.1tt ~0'd 0609S~[~9S~ 01 'an~l'l~ 38~d/SlOHJrN wo~~ 6S:ST ~66T-Tc-a3~ 00 I, . t 11 l ! lJ i ~ L) o Wi ~_, r, FEB 2 , /997 PLANNING AND ZONING DEPT. ~L .\~ 6lJ~ WI..U~p j'A q(p-"t/ DESIGN EA. ARCHITECTS ::lea 1 ,"owcnLlNE ~OAO. BUI'1'1! 30:;1 F=QtlT LAUOERDALE I"f ORIOA. 3::1309 TEL 9541'771.5' 77 PAX Sl:P4/ 11"1 -2 D~' AA t:001a1~ %e City of 'Boynton 'Betufi .. 100 'E. 'Boynton 'Beadi 'Boulevard P.O. 'B~310 'Boynton 'Beadi., :Jforitfa 33425-0310 City :J{aff: (561) 375-6000 :JJi'tX: (561) 375-6090 December 18, 1996 FRU-CON Development Corporation 15933 Clayton Road P.O. Box 100 Ballwin, Missouri 63022-0100 Attn: Terry R. Harms RE: Blockbuster Video - NWSP 96-013 Acceptance - New Site Plan Application & Submittal Documents New Site Plan Dear Terry R. Harms: Your submittal for New Site Plan approval for the above-referenced project was reviewed for completeness. It has been determined that the submittal is substantially complete and accepted for further processing. Jerzy lewicki, within the department, will be reviewing and coordinating your application through the remainder of the site plan approval process and can be contacted if you have questions. The next step in the review process is for the Technical Review Committee to review the submittal for compliance with the review standards identified in Part III, Land Development Regulations, Chapter 4, Site Plan Review, Section 8 and all applicable sections of the Boynton Beach Code of Ordinances. The Technical Review Committee (TRC) will meet on December 31, 1996 to discuss the review comments. Due to circumstances, the submittal is being expedited and is scheduled for public meeting before the Planning and Development Board on Tuesday January 14, 1997, and before the City Commission on Tuesday January 21,1997. If I can be of further assistance, please do not hesitate to contact me at (561) 375-6260. Very truly yours, ~ ,(!..' -, i 'n'f (I {I.. #,' .,':. ~ .....,: / I "I c:. ... [. L... ~/\.. . ,~arribri J. Heyden, AICP Planning and Zoning Director T JH:bme .5'I11UrUas qateway to tIU quifstream PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-655 FROM: Dale Sugerman, City Manager Clyde "Skip" Milar, Utilities Dept. Chief Field Insp. Robert Eichorst, Public Works Director John Wildner, Parks Superintendent Bill Cavanaugh, Fire Prevention Officer Sgt. Marlon Harris, Police Department AI Newbold, Building Division William Hukill, Director of Department of Development Kevin Hallahan, Forester/Environmentalist Tambri J. Heyden, AICP-&d Planning & Zoning Director TO: DATE: December 10, 1996 RE: SITE PLAN REVIEW PROCEDURES 1 st Review - New Site Plan Project - Blockbuster Video Location _ Southeast corner Congress Avenue and Hypoluxo Road in the Boynton Lakes Plaza Agent! Owner - Boynton Lakes Plaza Partnership c/o FRU CON Development File No. - NWSP 96-013 Find attached for your review the plans and exhibits for the above-referenced project. Site Plan Review approval for this project will be granted by the City Commission. To ensure that the project stays on line with the review time frame, I request that the plans and exhibits be reviewed and formal written comments transmitted to the Director of the Planning and Zoning Department no later than 5:00 P.M. on December 23. 1996. Return plans (Engineering Division shall keep their plans) and exhibits with your written comments. Adhering to the following review guidelines will promote a comprehensive review and enable the applicant to efficiently obtain Technical Review Committee approval: 1. Use the review standards specified in Part III, Land Development Regulations, Chapter 4, Site Plan Review, Section 8 of the Code of Ordinances to review and formulate comments. 2. The documents submitted for the project were determined to be substantially complete based on the submittal requirements identified in Section 7 of the Site Plan Review Ordinance. However, if the data provided to meet the submittal requirements is insufficient to properly evaluate and process the project based on the review standards or the documents show code deficiencies, additional data andlor corrections should be requested by the reviewer through the Planning and Zoning Department. 3. Each comment shall reference the section of the code that is incorrectly depicted on the documents. . 0 e s G N A S S 0 C A ,. e 5 W ~ Q: Fax Cover She~ , en ..I 0 J: CJ - Z From: Re: NPDA #: , &Wnl ~% 6n ~tS .k'j/ J(tq J ---- If you encounter any p~s during transmission. contact us at 954/771-5177. rpl~~ ~~ ~. ~ ~ T~.~ ~~~C~J~J~_T 1">' ...-rn....-,. 1....1 '::3r...........I~~...,nL.J""'r..1 f..n\,.J...J ~.a...~r.:II O.t=il::.T_T"r::lI_......r'1o..1 DESIGNERS A..aHITllaT8 ~ '5601 PO'NERl.INE FiOAD . SLITI: 303 FORT LAUOE~OA'-f fLiJ"lIDA ::l33()9 TFI E-77',~.0 "A'I( fHI4/77,-e031 AI'. 0001615 l, III dAivpdL gtrcM74/J \CL;;{ ~.)f~~~ . W ~ D: " ~ o I U - 2 o e "~:"'I I ~ ~ E 13 N .... a e n n .. November 5, 19~6 The City 01 Bovn1on Beach 100 East Bcynt~ Beach Bouls\lard P.O. Box 310 ! 8oynton Seach, ~orida 3342.&~310 ATTN: Tarhbri J. Heyden. Alep PJ~ning and Zoning Director 81 kbuster Vldeo at 8oynton Lakes Plaza 96 60-01 RE: NPDA Ii: Dear Ms. Heyden~ We r~iv9d your 'etter today and are concerned that we may sti!l hove 8 communidetion problem with 'fOU and 'fOUl' department. For yOut infOtmati~, your department hea not returned our phone call$, they have: withheld valuable informatign, end fed us misinformation. ttus has created wasted time and money for my client and the CitV of Boynton Beach. As YOU read ~ tetter Dlease understand our position. We represent Blockb.jster EotQrtainment Group who has asked us to investigate the siUt plan approval proee... at the City. Blockbl,l$ter hal:a b~l bopefullo mcpodito thio aita approval sinoe thi. .xi.ting site is 0 pre'tfioujsly approved &hopping center. We here at Nlcholsl Pege Dejsign Assoc., Inc. (NPDA) havlit been actively working on thiS Slits since 5eptemDer ~Ot lSS5. We haw been UligenUy trving to reach you since we received Lewicki's letter. by Fax. on October 24, 1996. At that time we wele told that y~u would write us a IQual which we would receive by the foUpwing 'thun:day. We expleinod that we need9d to apeek with yOU! about issues pertinent to thQ abol/Q .,.fatenced project. WfJ left . menage October 24, 1 SSG, thet you may be misinformed and ~OlJld we $imply talk with you to ovoid l,l letter writing campaign.j You chose not tOI r8SJ)ond to our message and on Thursday we cams to get the Isltter in D81'son. You were not in, end there was no lette,. As thisl is an important pro18ct, you forced us to seek help on a higher IlveL Unfortunately the time spent on the phon9 with Mr. H4Wk.i~ explaining the problems with \iour d.partm~nt was much more t~an amount of time needsd to explain it to you. bt:SIBNEIlt9 ARCHITECTS !>SCl 1 POWIiIH IN!' ROAD. 8UITI; ~o~ FORT f,..AlmEROAlE FLOr::lIDA 33309 In your letter you irefereoce our three meetings wltn your Tf<l- $:;4/771,5177 "'AX 904/'1;<1-2031 AA C001S15 c0"d 0609S~~~0V~ 01 .an~I'l~ 39~d/SIOHJrN WO~~ S~;60 966T-TT-~ON . " \.j' 2 dspartrpent. The first: meeting with Mike Haag was not a schectuled meeting. After caJling fow times: oysr tha course of several weeks we were again told that Mike was not in that, we had to leave another message. Raali2ing tha our messages were being iGnored. I de~ided driva in 6nd see jf Mike was in fot myself. Mitaculbu$.ly.. Mike was! in and was in Debbv's office when I walked in. He agreed to saG me quickly. We misunderstood Miktt to be the Directw. Mik., did not haV., the project file. He t.ald he needed to rese.reh this project as It had been so long that he could not remember. We set upi8 meeting. with him, for the following Monday.. with our client Blockbuster. ' At the second meeting.. Mike told us that he had determined that we needed a traffiC study. current u~ dated .~uilt survey. updated master site plan. complete center cMI. landscape sind irrigation pl&ns. We contact Fru Con the general partner of property owner withj thi5 information. Fru Con provided U$ wlt\ existing drawings showing the approved Out parC$l. We tried to call Mike and Was told we could not talk to him on the phone, that we nQeded another meetinQ. Mike fell sick just before the scheduled meeting and Mr. Lewicki introduced him$eJf as already having been briefed by Mike and was going to be in 011 meeting anwway. We reviewed the new information with Mr. Lewicki and he agreed with us that we would onlV need to show the out parcel and net the entire site. We determined that since ttle exi&tina site had already been approved, built. Inspected and approved by the City, that we only need to show any alterations. We explained that the I only alterations from the approved plans whiCh are as fonows: 1J Wa e:hano9d mAIUgQ flom a t9staurant to 8 retail ()"Qt8tion. ThA im#U)rtant issue 1$ that we :hava not changed the occupancy from MercantilQ. Also reetaurente fequlre almost twice the parking sa , retail complex. We have not ~duGO any fMrking. end pl'Op~e to aimply fix the die. bled perking to conform wittl t~ floride Accessibility Code. 2) The eXisting site: parking wnl remaln 8S Is. The exfstlng landscapIng wlU remain as is. We will relocate the dumpster as shown on the eXisting approved plan. 3) W. proDOsed to ,reduce th, building sQuare footage to only 5.500 square feat. thus further reducing our approved parlcing reQuirements. In your letter you stated~ -As par the oJty'8 site plan ordinenC81 only addition. to a building are exempt from full site plan review provided the Si28 of the addition does not exceed !j 0J6 of the grose floor are. of the existing building. .. . This;s 8 very coMusing statement when Section 9.C.l states, "In making a minor/major ',modification determination, the planning director shall conaider the foll~wing: 1. ooes the modification Increas6 the buildable square footage of thlil development by more than five (5) percent.. Please ~0'd 0603S~~~0vt 01 'crn~I'l~ 3~~d/SIOH~IN WOd~ S~;60 366t-tt-~ON '"' ~ . \.~' . 3 understand that we ate decreasing. not Increasing the square footage making thjs a minor modification. The answer to all the _Yen questions in this Mction ~s no. 4) The only signi~cGte change is to the elevations which has been presented to the City COlttmi33ion for a variance Bnd was granted. Mr. 1..ewlcld understOOd these Issues after our meeting and stated that we would only need to provide twelve sets of the proposed out parcel site plan, building floor plen and tho fOUl elevations depicting the Commission requested cornml:lnts. We had to expedite these drawings to get them in by the deadline of October 23, 1996. We submitte~ them at 4:45 pm with a t:h9ck for $750.00 and the und8rstanding that all' plans could be expedited through site plan approval. TI'\Q quGG'tion has alwdvs been 0 simplistic one. Whet ia the minimum W8 can do, without having to go through.. the site plan review process? Certalnlv, you the director, r;;gnsiders thI$ f.I mlnor modification to an approved site plan. In your latter you stated that you have discussed the drainage pjan with the Engineering Division. Do thsv understand that this is an existing site with existing drainage whioh has been approved. insDected and accepted already? Do they understand that we are not changing the impervious area and if anything are increasing it? Can wa~ have the engineer of recOfd review our propo8od plan and prQvide 8 letter that It Idoes not effect their exi8ting design and c:onst1uction. As we hrllVo been kept entirely out of the communication loop, we need to know what W88 said and why they made this decision. Pleasa ratum our caJI ~ we may discuss these issue directly with you. We have been in touch with thris Cwo and he is willing to meet with us: at your convenience. If You ~e any Questions. or if we can be of further sQrvice. please do not hesitate to caD.: SMP/amp cc. Ryan Shoup- B1~k.buste, Entertainment Group WUfr~d Hawkln4- AssIstant to the City Manager Jim Tepper. Bavnton Lakes Plaza PartnershiD . q:\01 a.ltr v0'd 0603S~2~0vl 01. 'an~I'1.~ 3~~d,SIOHJIN WO~~ 32;60 966r.-r.r.-~ON SIMMONS & WHITE INC 4623 Forest Hill Blvd. Suite 11 WEST PALM BEACH, FL 33415 [1~uu~~ y u~&[ill@OODuu&[1 Will pick up DATE I JOB%~114 Ea:ffiOOr 5. 1996 ATTENTION Mr. Steve Paae RE: 81 ockl:x.Jster: Bovnton Beach (561) 965-9144 TO Nichol s/page WE ARE SENDING YOU ~ Attached o Under separate cover via the following items: > o Shop drawings o Copy of letter o Prints o Plans o Samples o Specifications o Change order o COPIES DATE NO, DESCRIPTION 1 ~ UI a IIOue THESE ARE TRANSMITTED as checked below: > o For approval ~ For your use d( As requested o Approved as submitted o Approved as noted o Resubmit copies for approval o Submit copies for distribution o Returned for corrections o Return corrected prints o For review and comment 0 o FOR BIDS DUE 19 o PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNEDl\'\ilJi ' dt~'\ 0 / ISfl If enclosures are not as noted, kindly notify us at once. J. ~'1i chae gford, P. E . rzr:u City of t.Boynton t.Beac./i ~'~,,/' March 31,1997 100 T.. '.Boynton '.Beadi '.Boulevard P.O. '.B{);(310 '.Boynton '.Beadi, :Tforitfo. 33425-0310 City 9lafl: (561) 375-6000 :TJU.": (561) 375-6090 Viafascimile: 314-391-4624 Peggy Morris 15933 Clayton Road Baldwin, Missouri 63011 RE: Blockbuster Video at Boynton Lakes Plaza - addendwn to March 28, 1997 letter Dear Ms. Morris: With respect to the two remaining questions outlined in your March 31, 1997 letter, please consider the following as an addendwn to my March 28, 1997 letter to you to allow sign-off of the Blockbuster Video permit: answer to question (i) - See attached code definition of "subdivision". A subdivision of land is effectuated by recording a plat or boundary survey (the latter is applicable in this instance) with Palm Beach County. Palm Beach County records show this has not been done and the owner has not yet formally requested a zoning review to allow the subdivision. This has not been requested, of course, because at this time the owner does not wish to subdivide off the Blockbuster Video parcel. answer to question (ii) - A waiver of plat does not grandfather or exempt a proposed subdivision from complying with zoning. All subdivisions of land must comply with zoning in effect at time of recording the plat or boundary survey. (If Fru-Con still has problems with this, they could go ahead and subdivide now so the property reflects a lot of record separate from the plaza, but retain ownership until some future date when they choose to sell it off.) Sincerely yours, .--- ,. /,.; - -,-, I..:.. <~ L ''lL____. ~(..,~/....-Ow / v' Tambri J. Heyden, AICP Planning and Zoning Director -:-~L (.4 ".76::. l,., .- /~- v TJH:bme Attachment xc: Kerry Willis, City Manager Jerzy Lewicki, Assistant Planner Stephen Page, Applicant (Via facsimile: 954-771-2031) S:\PLANNING\SHARED\ WP\PROJECTS\BLOCKBUS\ADDENDUM, WPD 5tmema's (jateway to tlU (jutfstream '* Art. II STREET, LOCAL ~ A route providing service which is of relatively low average traffic volume, short average trip length or minimal through-traffic movements, and high land access for abutting property. STRBBT, MARGINAL ACCESS - A street parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of such streets utilized primarily for relieving such streets from local service of abutting property by providing protection from conflicts with through traffic. Also called a frontage street. STREET, MINOR - See "Local Street." STREET, PRIVATE - Any street not dedicated to the public. STREET, PUBLIC - Any street dedicated to the public and accepted for ownership and maintenance by the City Commission. STRUCTDRAL TRIM - Shall mean the molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure. STRUCTDRB - Any building or improvement, ,for which a certificate of occupancy is required, constructed upon real property located within the municipal limits of the city. SUBDIVISION - The division of a parcel of land into two (2) or more lots or parcels, either by plat into lots and blocks or by metes and bounds description, for the purpose of transfer of ownership or development or, if a new street is involved, by division of a parcel of land. SUBSTANTIAL DKPROVBMBNT - any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the market value of the structure before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement occurs when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include any project for improvement of a structure to comply with existing state or local health, sanitary or safety codes, or alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. SURETY - An irrevocable surety guaranteeing that all required surveying and construction improvements will be completed in full accord with approved documents and all conditions attached thereto. SURFACE WATERS - All waterways and associated wetlands that hold or transport water on the ground. Adopted April &. 1"5. OrdiDeDce 0'5-02 ..vieed 1-33 fJ1ie City of 'Boynton 'Beach 100 'E. 'Boynton 'Buuli 'Boukvara P.O. 'Bo~310 'Boynton 'Btatli, ~lorUfa 33425-0310 City 9la[[: (407) 375-6000 1'AX: (407) 375-6090 November 4, 1996 Mr. Stephen M. Page Nichols/Page Design Association, Inc. 5601 PowerIine Road, Suite 303 Fort Lauderdale, Florida 33309 RE: Blockbuster Video at Boynton Lakes Plaza - site plan application (incomplete submittal) Dear Stephen Page: On October 23, 1996, your submittal for site plan review of the above-referenced project was reviewed for completeness. It has been determined that the submittal is substantially incomplete and cannot be further processed. The incomplete items were listed in the October 24, 1996 facsimile transmission sent to you by Jerzy Lewicki. I have reviewed this list and with regard to same, please be advised of the following issues: I. A traffic statement is not necessary since Boynton Lakes Plaza is vested for traffic concurrency for a maximum of 139,821 square feet of gross floor area. Only if Blockbuster exceeds the maximum allowed, will a traffic study be required. 2. The drainage plan requirement has been discussed with the Engineering Division and they have determined that it cannot be waived. With respect to the requirement for full site plan review, the department's determination is unchanged. Construction of any new buildin~ requires full site plan review. As per the city's site plan ordinance, only additions to a building are exempt from full site plan review provided the size of the addition does not exceed 5% of the gross floor area of the existing building. This criterion is uniformly applied to shopping centers and their outbuildings/outparcels. Furthermore, pursuant to the attached condition of Boynton Lakes Plaza's 1990 Commission approval, "future site plan approval will be required for development of the outparcels, changes in the parking lot layout and design in the vicinity of the outparcels . . .". Also, I'd like to remind you that in the spirit of development cooperation, the department processed a Community Design Plan Appeal for Blockbuster two months ago related to building design. This was done even though the incomplete application was submitted separate from the site plan, and more importantly, without complete building elevations. Since you were not in attendance at the Planning and Development Board and Commission meetings when the Community Design Plan Appeal was heard, meeting minutes are attached to illustrate the Board's and Commission's reservation to process this request without all the elevations and site plan before them and their expectation of seeing them in the future. jfmtrica s (jateway to tlie (julfstream Page 2 Mr. Shephen M. Page Blockbuster Video at Boynton Lakes Plaza One last point, I did receive and review the Chris Cutro letter and the plat waiver letters you faxed to me to determine their effect on the Blockbuster site plan review. I find that none of the letters faxed pertain to site plan review. Chris Cutro's letter sets forth instructions to Mike Haag to not interpret outparcels as separate properties for purposes of review for compliance with access, parking and zoning (setbacks). Mr. Cutro made this interpretation for outparcels (those which are sold off as separate parcels from the main building parcel) vs. outbuildings (those which lease property, but do not subdivide property off from the main building) because city codes have different requirements for each. Specifically, outparcels must be reviewed separately and meet code requirements individually, without relying on adjacent properties or the main building property to meet setback, parking and access requirements--an issue unrelated to whether or not site plan review is required. The plat waiver letters merely verify that the city allowed two of the shopping center's outbuildings to be subdivided off as outparcels without requiring a replat. Instead a survey reflecting the subdivision was recorded. This action has no future implications beyond that point in time and is unrelated to the issue of site plan review, which is a different process. Therefore, as previously determined, any construction on the subject outparcel requires full site plan review. Therefore, I advise that you address the list of items in Mr. Lewicki's transmittal at your earliest convenie,nce to avoid further delay. Although to date my staff has conducted three pre-application meetings with you and only one is covered under the application fee, when the missing information is submitted, an additional meeting can be arranged to go over the information with you and to work out a processing schedule. I look forward to receipt of this information in order to continue processing this request and move this project along. I trust that this requested letter clarifies the site plan issue and puts it to rest. Very Truly Yours, LJ~0~1 dLL ~bri J. Heyden, AICP Planning and Zoning Director TJH:bme Attachments xc: Ryan Shoup - Blockbuster Video Wilfred Hawkins - Assistant to the City Manager Jerzy Lewicki - Assistant Planner Central File d: Isharelprojects\blockbuslapplmemo, wpd ~ mu.ml ,.1- FRU-CON j" DEVELOP.ENT CORPORAtrlON, MEMORANDUM DATE: TO~ FROM: RE: October 28, 1996 Steve Page Terry R. Hanns Blockbuster O~arcel Boynton Lakes iPlaza J. Tepper, File cc: Steve. per our phone conversation please find p.ncln~f.!d some additional documentation that should help with your argument with the City. I have included a memo from Chris Cutro te. Mike Haag that specifically states that the outparcels d2 mrt have to undergo separate review against development 3t8ndard~, Nick Miller's letter in response to the City's concern that the outparcels were part of the plat and the Waiver of Plat Modification. Jim and I CAn nnt think of anything else to provide you with at this time. but feel free to call us if you do or something new surfaces. ~ I 'r' - F;;~;L4 A-. &. '- PLJUtNING & ZONING O~PARTM~~~ MEJ.IO R.ANDUM TO: Hike HaJaQ ~I~ Chr1 tObhar Cutro, Planning & Zoning Director FROM: DATE: ~ePtembe~ 21, 1993 RE; Outpa.rcr.l. 1n Developments Reviewed as 5hoPP1"9 C'enbars Al Llte presliint t3.lnQ, wll"n a devaloper submits Cl site plan for 0- commercial d~vQlopmQnt .that contains outpar~els, the standards for review look at the whole site, as opposed to the separate analysis uf @acn potent1al &1te. However, after approval, if an approved building site 1s .s~lbdl\jlIlBd frcm tl~e larger parcel, we imposed the full 5tandards of th~ ~on1n9 dis~rict inoluding pa~king and setbacks on the ;mall.r pa.rcel. AS we have discussed, these are conf11ct1nq ~U~~~ ~ud no bas1~ direction is given by the code on how to interprQc this. subdivi.sion agreements, I:'eview a in which 't TnlS lnterpretatlon SnOU10 ~e applleQ to tne outparcelS at Boynton LaKes Pla:2ia and the Boynton BeaCh Promenade which are now heln; ccnstructea. If you have any questions, please feel free to see me. CC: f rb A:CC.frb xc - Centr~l File StMMONS & WHITE, rNe. EnglnCcrG · Planners · Oon:iultantl!; l, ~rgrnmw~~ln ,x M_A". ~ 14 1994 ,_ ~,_'~tlJ City of Boynton Bea~h ' 100 E. Boynton Beach Bb1d. FRU..C(jI>JCEV~ Buynton Beach. Flor~da 3343~ March 9, 1994 Attention: Jam8$ D. ,White"P.E. City; 1!ns:l.neer Ref Bo,nton Lakes Plaza Dear Mr. Whitea Iu Kccordanee With your Memorandum No, 94-047, we have had legal de8criptions ,for tbe project verified by a Florida Registered Land Surveyor. The orisinal document provided to us is enclosed hQrew1th. Very ~ruly yours, SIMMONS & WHITE, INC. ~l: $t11U1tMA Charles J. Simmons CJS!j P 93-8B Enclosure cc: Terry Harms w/.ncl. ~ Foreet HIli laoulevard, SuIte 112. West Palm Beach, FlorIda ;]:341~ Telephone (40n geS-91 044 .. F~:,' R.G.OtIJElOf"PlEIlT ! '~ ,-' ""-'- 2.leol994 lllla p, J '"-." DOt..IUWII J;11"U~ MlMOMGtJX JfO. '."0''', ( '1'0: f&mb~i ~. B'rden Aot1n; .1Iftn~9 " lon1nt DJ.Z'.cto~ Jame, J), Wh1t:.~ ,...~ ~ City In;in..~ V^ '.brult)' 'I, .." ~ ,aOMI tlATI : nl, era.. ~o... A'.....nt 01 Ig~.~OG ~&k.. .l... I hove reviewed t~l. 4ir..m.nt Wh!c~'rCu .'n~ OY.~ Ind I 8U;;..t it 1;11 'anil to the C~tl A1;tO:i1e~ ,fg~ ~"v ~w, ~l1c! ClO!Wt61l.\, , t have eevlowecl' t.~. l-ial. d..~~!.pt1on. .1\. Qanno", contirm ~h&t t.h6V at. aC:C::l.afa:t., or.h"l:ec:l'G 01" IVO" ~ha1l 'tn.y d..crib. lan,b w1thir\ BOynton ~ak.. Pl.z., .~d ib .a.m. that tnAV ma~ b. 1noortlct. If yg~ w1.h ~o b. ..~~.1n ~b.Y ... ~o~~.c~ ana .cc~~'t. and that W8 gan v.~ify 'hL."& o.:titi.~ .~rv.Y 1- ~.ed.4 with 4 '~V'Y plat ."lad b~ . 'lo~i4. raqitt.rod LandlutVtyor. If yo~ n..d mo~.,in~orm.tlon or have Iny qUllt1ona, pl.... eall. ,JDw/Qk C:fat.p.a.tJl.tJf"e~ n~'ctlvED . FED 1 4 ~aN~ i .' '. I I I SIMMONS BE WHITE. l~C. \ ,+' ~' I ; '.. ._J' NICK MILLER. INC. SurwyiltK Planrdll8 &: Developm8l1t Consultants March 4, 1994 Mr. James D. Whit., P.E. city Enqineer ' City of Boy.nton a.aoh ' P.O. Box 310 Boynton Beach, FLi33425 Re: Boynton Lake~ !Plaza : . Dear M~'. Whl t..; , We have beQn asked to rQview the attached deacriptions to determine if the pat"cwls desoribed, lie within the pl~t of Boynton Lakes Plaza (P.S. 70, P<;1s. 47-48). ' ao~h "out Paroel AU and. "Out Parcel BII (in O.R.B. 7699, Pg. 1000), at: desoribed lie w:l t.hin the plat of Boynton Lakes Plaza. The ilLegal Desoription of Shopping Center Exhibit "A" ", in which we have )"vdlfiea two tYPo9rapnioa! errors ( also lies within the flat. Should you have any questions, please contact me at your , . ' OOrlven,l,ence. r~ce{el~, ~~~~;.~s. President NM/rm 2$60 ReA BHUIl'"ard. Suile 10S · Po<lrtt B~a~h Garckos, Florida 33410 ., (401) 627-'lOO fU (407) 6~'7-098' '" 3""~ -- ~-T., :f- .:.~_-:--:-~ -:::=-.~- . .9904 '-,..'''' [',I::'C LEGA~ DESClUPTiON' 'QF SHOrPING CBNntll. BXHtBn' "A" i . All th~t cetUlrt piece. pa~eL or tract of la~d lying and in Section 8 Township 45 South. Ranie 43 wt" Palm Beach Q9~11l)', Plorida and mote partioulltly decoribecl as follow.: B~gin at the southea$t cornet ot IIBoynton takes Commercialu u rcco:d~d in Plat Book 69 on Page 97 of the Pul)Hc Reco~s of Palm aeach County I Florida, said point being the l)oint of Beginning of this descl'lptiont thence, continue North ().4049'36tt West ..long the Best Hne of said "Bo~nton Lakes Commerci~~. plat a d[stAnce of 37.46.fee.t; thence. continue North 85010'24" };agtj a distl1nc& of If)t1S r.ot; thence. oontinue North 0404!)13611 West. 4 distAnc$ o( 167.20 feet; thence, continue North 88039'1' M East. a d,istance of 48.11 feet to a pol~t being 18.50 feet South of. a! measured at right ltt&leS to, th~ S~uth rlgl\t.of.way Une of Hypoluxo Road as recorded in Offieial Record fook 4$92 on paatl1742 aM 1743.. Public Records of Palm BeA.ch County. Florida: thence, corlLtnuc Nortb. 85010'2411 Bast parallel to saJd South rlaht-of.way line of Hypoluxo Road, a di$~* or 147.00 'teetithence, continue North 04049'~S'' West a right angles to said South t'lSbt.or-Wtly. Une of HypolU,1(o Road, a diatanoe ot is,S3 feet: thence, continue Nonb 83o~1'02" Sa$t, a distMcc of 114,4' reet to a poInt lying on said South right.of. way line of Hypoluxo Road: ithe~e" continue Nor1.b 85010'141 Rut, 11 distance of t73,,;g feel; themge, continue Scum 49048,'44" E,ast. it distance or 34.75 feet to a point on the West ri2ht-of. way line of Boynton uke.e !BoulevArd, IS l'aid out and in us., "Bo}'nton Lake. Pial No.4, ~,u. D. II a5 .l'econ:h)d 10 Plat ~()ok 49 on Ptlgos 179 through 182, Publio Record:! of Palm 'Beach County, Floridaj thc:nce, eo,Unuc South 04~8.,44'1 Bast along iaid West right-or-way line of BoyntOn Lakes BO\lleva.td, ai dIstance or' 587.00 feeti thence. contlnue Souib 40911 '16" West. a distance of 35.36 feet to a. point 10. tile North right-of-way llne of Plua LAne, as laid out and in use, "Boynton takes Plat No.S. P.U.D:' u recorded 111 Plat eook 52 on pages 105 through 102, Public R.a:.ol.dt ~r Pub~ B.ac.h Count)', Ploridt.~ thllncO, continue SO\1m 8.5011'16" West along said North dght-of.weiy line of Plue..u.ne, a dl$tanec of 651.40 feet; th~nc.e, cOJ;\tL'lue North 04 '49'36" We~t, a di5*nce of 1.'6.00; thence, continue North 49049'30" Wes\ I a dlstance ,of 2.8.00 reeL to a point on a~lrCUlar curve to the left Whose radius ~ars SoUth l~o13'5-l)" West; thence, c,on~lnue westerly al~. a the a.rc of said curve having a radius of 430,00 feet and a central angle'of02057'40ll, a dlstan of22.22 feet: thence. continue North 77043'50.. West. it distance of 37.g6 t'eet:th~nee, conti e South 85010124'''Wut, a distAnce or66,43 tc~tj ,thence, continue ..:; ~oL 0 < ,-05' '... '<I.>"'ol~' ~o< 0 "'lc ~,.,. 'h....~ 0 o_tinu" .ii.n" III "23 '1.1'~ \V Oil, , I 1-::'a::~Or-J C"J ".....T nl -nnH'. I'" ":Ikjl-l.-l/c.:..,n~'lr~ 1.ln:w.... ....,.~f7I O,c"-=-T_TI.:ll_^n... NOl),-01 -1996 09: 52 FROr'l t '10LS/PAGE FT. LHUD . \ \ OAt BOYNTON LA,kES PLAZA E~CEPTION TO PLATTING (MODIFICATION) TO " , :'-'" 14073756090 P.01 , ' NiJl.J-~' t -1 99E, 09 ~ 52 FROM t '~Ol':::/PAGE FT. LAUD. TO 14073756090 P.02 '-- F1..MUUNG &:' ZONING DSPAR.TN1UfT J.1E~fOAAtlDUI.f no. 93-236 FROH: Hembers of the tlanninq & Pevolopm9nt Board ~,~~' chri.~pher cutro Planninq & Zon1nq Director TO: DATE: september 9, 1993 RE: tfa1ver of Flat - Mot11ttcat1on - Soyuton Lake5' plaza You will recall that in June of this year, the'Bo'~d approved 0 waiver of plat to allow the creation of two outpatcels at Boynton Lakes ~laza. The outparcels that were approvea a~e shg_n on tbe site plan dated June 9, 1993. somehow whan we submitted the bac~up to tne, Board' lor review, I identified the wrong parceie"to be subdiv1ded. ThQ outparcels tha.t the app11cant wishes to SU.bd1tv1tle al'tj located on Con9roSlS Avenue on the north and south side of' the en~rance. - I have d1seuR..d this modification with Richard. S1taUrJ1nger, the City Enqineer, and h. haa ind1c,~.tet;l be has no obj1ect1on to , cbanq~nq t.h@ waiver of thQ plat for the Indlcate~ parcels. Since the needed infrastructure 1s; in plaee and ~be site has been rev ~~wt.!..J r.....L .(..\,lUl...., ",t.;,.Mit-l....... p~:1tt1no 1 g nnnQnfPAAi'lrV. We recommend that this requost be approved subje~t to the Flppllcan't providiu\,J I.;L v~t: 1l'::~.8., Qnd oroc. perkina AOT~p,mlmts showing that access and l'arklng will be ava,ilable as or1g1ui111y requested 1n the site plari. ,; This item has been scheduled for the Flannlng an4 OavQlopment BuArd ~eYi~w ttt lto ma~tin9 of SeF~pmh"f 1f, lPP~t CC:frh Encs C:93-23G t-lQl)-01-199E 09 ~ 54 I=POM t, "'-!OL SiPAGE I=T. LAUD. TO 14073756090 P.03 - 'III r I.t~I~~UtU.l\I'1''11FI'' t' II ~~"""l-""-' I ~ t litll !lI'I"I.L · I ,,11 t I~t C 4 tt! I'~ ;& I 'i t ! If' , ~. n ::t : , ~. . ,~; ~l . ...!' ~. \ ., .. . t 'I ,. CONOnlS! ...CNl,HI; .. ...... ~J"II a I ,. ~... ".. ...... i IJ,~nt:f I -jllftl ~j J l~~ !il!; If, ,.., ! ~ ~ , z m ) r ( ''';i " l I I < ~ ~) ~,..\ ~YI ,<:, I I~ H~ 10 11.1 i .c I~ ':0 ~ :() 1m .- 'W I ,,,,-,v. .. I~ IlIlS i~! ': - .! " 'j'. I ., t.: " ~ l I!-.. r:;E, 'I . . __ J:4,~ :; .. ~vtll :' ~ ' j qma 1I!11;11 I!Ilill~ liil jlll Ill'! lir-'!1I1 [il'lllll:.. ~ I~ r : Itl' tt~ltl !,It,.. ..& , ~ II, HI' ~~ ~~ ~ . la'.'. -... ''l , ) ~ t ~ 'I" ~~ . '... 1 . ,,' -;J ,; ji ,jl~ .i f~ i ,.,' ii ~I'; r. I "I 'I 'I' i IF, f ii' III " 'I ~;: ~jl ~I~ j', ~IIII j . i, ii : i'li \ ,J II ,., i ~ (I f I ~~ II !,' p)! t f f,lII Ii I'. ;' Ii! I ~J i!2 ') fl .1 ~!JJ I :1 J " ff 'f' Ill- · I I) R "I I ' I'~; ~ ! : I!' ,~lJJUU It j~ ;~i' r- t~a!U! J lii;i~~l -gIll, Sfillf', 'J: 'I! i ilS I ,II,' Iqa11i! I I, .. . I _.1 <::\:.,9\09\ ~ A9\'1'7t1, , ' p.\J1" ill \ OOh it)-0' -~ ' ' i:~q . f,P. t=PIlI'" '" \ Q " u to (s, \ ..... ,...~- \ \ 'i 'c-. ..-- ': ", - \ To: steve Page Fax: 305 771 2031 From: derzy Lewioki Date: October 24, 1 996 Pages: 5, including cover sheet. Steve: I have reviewed the Blockbuster submittal for compliance with the submittal requirements (a copy of which is enclosed). Before we can start processing the submitted site plan the following needs to be delivered to our office and added with the previously submitted 1 2 sets of drawings no later than at 5:00 pm on Friday, October 25, 199&: . a current survey of the Blockbuster property (no older than six month) signed and sealed by a registered surveyor, . a revised (on-site only) landscape plan - we determined that the previously approved landscape material was not planted according to the landscape plans. Also there is no information ~ .. -2994 11l34P:'1 , ,"-, OR~ 7699 p., 1 U......u out 'AttelL A ,A 'MeIL e, LAUI:I I,UUU 1111 UWl'!UH 't'IU"'''IU II ~I ,UUIII1 lUl"\.I1 .. J .....T t PAL... "I/&Olf W"~'l'l. .f.,OI\IDA II NO Mona .Al\110UlIf.It[,V bI8C'U..D A.i 'U'tLOW~.. .,' , CQ~a~tlOl1lQ AT 'I'U8 80UTuw!8f CORKER OF "aOVHTOtt r,Al(I::S COHH~~CfAt,I' AI R1!~ORCtO IN .JJt,T ; DOOIt 'I 0<< PA.GI 97 or TitS ,UDL10 ftItCOJ\I>' or 8t ~uflaC8ufiewH,~ · 'f1r>fI9~. wn&iB ftiBYUU B~lUt ~ul~fJ"i D PJ', ~~ II" lAST, 81.10 POUtT 1\1,,10 .BIKU 11.00 rJsT. As Mu-sURICP "T f(IOIlt. MfOJ,IS, IA8t' or THB iliAClT RIOttT OF' tfhY, ~lNI 0' CJoKORIS' 'W~HUB ~$ lu:eQJ\OtD 1" oP'rZOH.~ "S<:01\D aoo2C ''''0 01' ""01 $.00 or 1'UI 'UlA... '" l\CCQnD! 0' "^Wt .tMm COUtlTtl fl.lOt\ID^' "mmes co,rr'ttUa 80U'l'JttR~Y AWl) f^""lJt,ll~ TO at. D ~^.., htOtlr or \4~V ~IH' " eOHOtU~a~ ~V!UUt, At.ottct ""1 "no 01' 8"'10 olJ",,, I! , UAV.tHtJ " ".A01UIJ C,," U~':L U fElT AItD It ~~J1TAA~ Amn.1t or OO'.G'l~.f A,U1ST1..MCC or lfU.OO .'11:&'1" 1'Mt~et, aOUT" OltJ 1 t)!ill 11\01', It b%STAHea 0' &4.1. 'El;1' 1'0 ^ N,lUt ' , ,aUlIlJ 1$,00 PSI1.. /..SJ HI"SUUl!b ~,. R10llT "natES. lAST or 1'n~ 8~lb 1:...91' 'UOIl1' 0' ~AY LJNE ur COUOJ\tss AVlNUI, THtHCK, HQIt1'" a"10/2~1I !Ml~, ~ ')JIT^HCE OF "..' 'I&\f, 'J'llEUCI, sourlf 01'a3'U'1 tABT. Jo. ctST~UCB 0.. :2).IUS Ft!1' TO ~JfB ~UUIl'UII TIlEUe!, UORTJI 41'~:I'~I"8"Y'J', A,DfSfAIICfJ OY 26'."lrt:):1'1 '&Ilerrcl::, uonTIl aSf-lO'H'. BAST" /to. DtST},UCJr or 66.4) n:l:ft TJltlfcl BUUtu 11'.:\'50" E~S1', ~ lUI,'AUCE 'OF )1.)$ 'Ir-f, TU~UCI, courJHIJt: At,bUd 1"". ....oe or ,Il WJn"lt"'~ V\ltWliI 1"U TIIB iuca"? Il~N"UI II RhDlUI /\, ..:'oJ~.U ftlT ~HO A CtHTRA~ ANOL! 0' 03.'1'40"1 ~ U1STAKCI or Ja.2~ '~!TI 'tIJEUCB, SOUTH H~."'6t' '!~St, A DJ8TAtlCI OJr JI,IO rtsTI TUetH.:tt I~Vt'lI, ta4;taia,?,:t J^ar.,ttlt8~s~tlfrl'/~i,1'1.'f ;ftl~~!, 1'U8U~n' ROU'I'II 40.0"0'11 HIST, It t)l~.t'AtICi or 3d.40 ,ttr, tH~tletL~()f\TH G l'U' ~ ,It "Bo'r. A bt.'tAtlolt OJ' ,Sot.,. .., raD1' 'rO ~tJ"J ~Ht .Qr aJQ1HllUQ. : ' t'bH1'A JtU UO 0.1 U ACJh:s. HOAI: oil MI~.'. - Ollf "AJtC~I. IS ~ PARCEl- or LA II D. LYlKO U' SIC1'IOn " 'fOWnsIUr 45 .OUTl', FtAI'~B n_ a~n'. PALM .~M:U COVHTY. ".o'Ub" agU40 "on. P~I\TICUItM'U.' Qt,CAtllt.b ~. rOI..I.otl', ' " &Bot" AT' 'l'HI 'OU1'III"" OO'ANSA'OF ".Oy),ton LAtelS oo)tHIR"J"t..'~ AS p'tC'O__DIU) ~~ P~"T II~K .. ON ~~O. ., or Tit. .Uk..1't~ "EConoo 01' "~r.H ~IACH COUN1'Y, 't..OnlbA, lAID torH'blUIO 'tUI !QIHf.~l. QJ:Qlll1tltlA 0' 1'H18 D.8CRI~T!ONf 'HtIlCI, eON'Uma IJOUflt a,fl0'2.,r W~ST "1.ONa tHI gOU~" LtMI 0' ~AIO uaOYNTO~ tAK~S eOHHzRcIAL~ PL~1, ~ DISTANCE 0' 111. 4~ ~'EaT TO It. POIN1" ON A eJaCULAI\ ounYIt TO rUt L!'1' WHOff! RA01US &tAI\S Nontll .'tH' 'a" 1'\81', SAID pottlf Bltum 1',00 PEET, 1.8 HEA9tJRIO A't nlOUT MIOLBS; BAst"or 'flit !^!T JUQJlT or W^Y LUfJ$ or C('J"O~IUla IWl$tlU~ "$ J\~CORD~b tH O"Ic~M. "acoRt> BOCK 4456 em r"o~ 5J' or 1'118 PU8LIC 1\tconD! 0' PALU DBAcn COVllTV, tLORIDAI TII!tlC!l, COHfl11U8 SOUTIIIRLY AIm P^,RALI.,t.t. 'to 'AU) tAST luau,. or WAY LU'! or COHCftl.l, 1\V~tlUB, "l.(me nus ARC CJt '''f() CUft.\I! tl1,V UlO ^ M,OtIJI or lU.:a .l' r~r;T "If'" A cr:ti'tML "H()LB 0' OO.U flO", ~ 01STAUCI or \'2.81 rtn', TU~UCS, ~OHTIHU~ SOUTII '1J~~U' 30" !^S1' Jt. Dl*T^tlCl 0' ";"'0 rttfr 'J'() ^ t~IIiT 81UI(J 'IS. f)t) rE&'f, A8 HtASUftlD A'I' nloU't I.UltlJlfa, eA''t 0' if"_ a.un lAST RlmCT OF "^'1 LIUI 0' OQHORtJlRI "yenus, ""IUOI, e(lWNIIU~ SlnU't1t 80"00' JGU .,I,D'l'. 1. j.)J'1'A"'~' t," )t..~ rl~"" 't"t:!u~tt, t:QU1'It'U~ NORTH .,,'JO'2." IA.ST, A t)ll$l'AtfCR OF 63. U r l.ET, ~lIltlC~, COHTt uur; II.\Srlllla..~ "LOllo J, ClfH.lULAs\ CUllV! TO T~l RI0UT,U....V1HO A U....l>lUg or 'o.GO"t~T 1.110 A C!HTR1L IIUOI,I:l Qr U-U'SO", ^ Olt..r",l<;l; 0' Hdb l'C,1;TI ,.11 IUlCI , ...........uu ... f!t.......u to lit 'Ut,., " ....IlI.....It.... ""tou..' Ifot\ "'UP. atnu" IIAVtuO I. P.l33 I I :. I I . , I ,j j 1 51 ~~ r'_~o .. i.il.Q regarding shrubs and no on-site landscaping calculations nor landscape specifications were provided. The revised landscape plan shall be drawn to the same scale as the site plan is. . a traffic statement for the Blockbuster site and use, signed by a registered engineer has to be provided · all building elevations need to submitted (only 2 were provided) · provide tabular summary of the project data per submittal requirements) . enclose a copy of the previously approved site plan for the entire shopping center and reference on it the proposed building appropriately (it is no longer a restaurant). Also modify the footprint of the building_ · provide a revised (on-site only) drainage plan as the added parking alters the drainage system At the later time you need to submit: ~ an original (not a fax) copy of the application 'With a signature under the rider of site plan application ~ sample board containing all building materials used for construction Pleas call me at 375-&2&0 if you have any concerns. .lerzy j CHAPTER 4 SITE PLAN REVIEW Section 7. Submission Requirements. Each applicant shall stilimit to the Planning and Zoning Department the following plans and exhibits in the number of copies specified by the Planning and Zoning Department, together with a site Plan Review application and a fee adopted by resolution by the City Commission. I ~ A.$J~,.;.(}ttf.!j ~/e~ (4rtl/~ 7.1. Existina site character~stics .an: A recent certified prop~rty survey showing all adjacent streets, alleys and driveways, and also illustrating: 7.1.1. 7.1.2. 7_1.3. 7.1.4. Existing natural features, including but not limited to lakes, trees and other vegetation and soils and topography. Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. Existing utility lines and all easements. Existing elevations (corner, street and finished floor) 7.2. Site develonment ulan: 7.2.1. A scaled drawing clearly illustrating proposed bUildings and other structures, and any existing bUildings and structures which are to be retained, including use, height, dimensions and setbacks. 7.2.2. Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks, traffic control markings and signage. '.IOI,I_Gl1_100t;; 1Gl' UtS' ~POM t, ''JL~JPnl;r;: ~T. LnUD. TO 1~Gl7375~~QGl P.~~ S",.MONS & WI-liTE, U'4C. Engineers · Planners. C0t19ultanls AUlula t 24.1993 , , City of Boynton Beech Planning & Zoning Department 100 E. Boynton Beach Bl.d. Boynton Beach, Florida 33435 Attention! Christopher Cutro B01nt~n Lakes Plame Woiyer of Platting Fur Outparcole 1 and 2 RG' near Mr. Cutro: On MaJ 6, 1993 our office. on beh.alf of the Ow~er, requested a wa1T~r of platting for Outpar~e18 1 and 2. On June 8,1993, the request went before ithe Plennina & Development Board meeting and 8 waiver of platt!n, va. !g.u.d Fnr two outparcels on the site identified 88 Outp8r~~l8 2 and 3. ~e are herebJ requestinR an amend.Qnt tn thq V.t..r of Pla~tinl issued June 8th for the abo~e-ref8r.nced project to 8ccommod6te the two outpRre~l. waivod'to eorrectl1 .how Oatpafce18 1 snd 2. Please find eneloo9d nine (9) eopieG of the site Plan ahowing the outparcels to b. wQived, 'fo~ your use. Should you have any que8tions, please call. Sincerely. SIMMONS aIWHITE. INC. .~ Seott Serl\'a SS/jp 93-88 Enclosures cc: Jam@g Dy Toppor 4623 FOr8Qt Hili Boulevard, Slllte ~ ~,2. West Palm Beach, Fl~rlda 33415 Telephono {"on 9C5.9144 : I ' \