LEGAL APPROVAL
fJ1ie City of
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P.O. tJJo~310
tJJoynton tJJea&, 1'fmiaa 33425-0310
City 9fall: (4()7) 375...{j()()()
1'.$U: (4()7) 375-6fJ90
October 16, 1996
Ms. Jill Jarkesy
1872 S.W. 17th Street
Boca Raton, FL 33486
Re: Boynton Festive Center
File No: LAAP 96-002
Location: Northwest comer of Congress Avenue and Old Boynton Road
Dear Ms. Jarkesy,
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request to appeal Chapter 7.5 Article II - Landscape Code, Section 5E. of the City's Land
Development Regulations.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
d~'~~
Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:dar
Enclosures
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
m
OCT , 6 1996
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APPLICANT: BOYNTON FESTIVE CENTER
APPLICANT'S AGENT: Jill Jarkesy, agent for Agree Ltd. Partnership
DATE OF HEARING BEFORE CITY COMMISSION: October 15.1996
TYPE OF RELIEF SOUGHT: Request to appeal Chapter 7.5. Article II - Landscape Code.
Section 5 E. of the City's Land Development Regulations
LOCATION OF PROPERTY: Northwest corner of Congress Avenue and Old Boynton
Road.
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
-L 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 "E" with the notation "Included".
4.
The Appli~ant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the
terms and conditions of this order.
7.
Other:
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DATED: October 15. 1996
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City lerk
Devord. Boynton Feat
Landscape Appeal
10/15/96
EXHIBIT "E"
Conditions of Approval
Project name: Boynton Festive Center
File number: LAAP 96-002
Reference: Interior property line landscape appeal. File No. LAAP 96-002. Planning and Zoning
Memorandum No. 96-504
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTI L1TI ES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTERlENVI RONMENT ALlST
Comments: NONE
PLANNING AND ZONING
Comments:
1. The applicant shall provide verification from the city attorney that the J
recorded operation and easement agreement provides common use
by all property owners within the center of the driveway off of Old
Boynton Road. Verification shall be provided prior to department
sign-off of the plat.
I DEPARTMENTS \ INCLUDE \ REJECT \
2. Provide an 18 inch tall hedge, spaced two feet on center in the V
landscape strips on at least one side of the driveway/access aisle
that is proposed to be split by a property line.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
3. NONE
ADDITIONAL CITY COMMISSION CONDITIONS
4. To be determined. tJo~
MEH/bme
c: FESTIVE. WPD
ADDITIONAL CONDITIONS FROM COMMISSION MEETING
No~e
1.
2,
3,
4.
5.
6.
7.
8.
9.
10.
BOYNTCl\J FESTIVE ~ENTER
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MINUTES - REGUlAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MAY 17. 1994
VII. PUBLIC AUDIENCE:
e
David Beasley. 515 S. W. 2nd Avenue, asked when the proposed change in the code
regarding auto body repair in an M-l zoning district will take place. City
Attorney Cherof advised that this item will be discussed at the next Planning
and Development Board meeting and then at the July 5, 1994 City Commission
meeting. Mayor Hanmen1ng added that the City needed time to advertise.
Rayehel Houston. 600 N. W. 10th Court. made the Commission aware of some of the
problems that have arisen during the Costa Bella project. A couple of the
driveways that have been poured have dips in them and hold water. Big chunks
were gouged out of the sidewalks. She advised that the supervisor of this proj-
ect has assured her that these things will be taken care of; however, she wanted
to make the Commission aware of them and be assured that this is all going to
be made right.
Commissioner Aguila asked if the City requires contractors to videotape existing
conditions before starting road work. street improvements or drainage. City
Manager Parker advised that this is the City's nonnal policy. She will check to
see if this has been done. Commissioner Aguila stated that anything they repair
needs to be as good or better than how they found it. He stated that Johnson
and Davis is a very reputable f1nm and tend to make things right. He assured
Ms. Houston that they will take care of her and her neighbors. Mayor Hanmening
stated that we will try to take care of this.
It seemed to Mayor Hannen1ng that the engineer who originally designed Costa .
Bella owes the City about $12,000. City Attorney Cherof advised that we are
waiting for the calculation of all of the damages that have occurred. Mayor
Hanmening requested him to pursue this matter vigorously.
Joleen Rasmussen. 508 N. W. 10th Court. stated that the workers and employees
have been very courteous and cooperative. She stated that videotaping has been
done. She mentioned that the Houstons' driveway will be cut and ground. Mayor
Hanmening stated that this would expose the aggregate and it will not look the
same. City Manager Parker advised that yesterday she asked the City Engineer to
look at this particular driveway. She has not yet received his report.
NO ONE ELSE WISHING TO SPEAK. PUBLIC AUDIENCE WAS CLOSED.
V I I I . DEVELOPMENT PlANS:
A. Consent Agenda - Unan1.ously Approved by Planning , Development Board
1. Project Name: Boynton Festtve Center
Agent: McMillen Development, Inc.
Owner: Great Western Bank
Location: Northwest corner of Congress Avenue and Old
Boynton Road
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 17. 1994
Description: PARKING LOT VARIANCE: Request for relief from
Article X - Parking Lots, Section 5-142(h)(5) -
Distance from a right-of-way line to the inter-
section of an interior access aisle.
Motion
Vice Mayor Matson moved to approve the parking lot variance request for relief
from Article X, Parking Lots, Section 5-142(h)(5), distance from a right-of way
line to the intersection of an interior access aisle for McMillen Development,
Inc., Great Western Bank. Commissioner Katz seconded the motion, which carried
5-0.
2. Project Name:
Agent:
Owner:
Location:
L4~ qy-ocj
Description:
Boynton Festive Center
McMillen Development, Inc.
Great Western Bank
Northwest corner of Congress Avenue and Old
Boynton Road
LANDSCAPE COOE: Request for relief from Article
II - Landscape Code Section 7.5-35(d) & (e) -
Interior lot line and right-of-way landscaping.
Commissioner Katz advised that he attended the Planning and Development Board
meeting. At that meeting, one of the Board members pointed out that there are
seventy-four extra parking spaces and he desired additional landscape pods be
installed. (This was discussed further under Item VIII.B.I).
In response to Commissioner Katz, Commissioner Aguila stated that if there were
ten islands as opposed to seven, the trees may not grow well because they would
be spaced too close to each other.
Motion
Commissioner Aguila moved the approval of the landscape relief from Article II,
Landscape Code, Section 7.5-35(d) and (e). Vice Mayor Matson seconded the
motion, which carried 5-0.
B. Non-Consent Agenda - Not Unanimously Approved by Planning &
Development
Boynton Festive Center
McMillen Development, Inc.
Great Western Bank
Northwest corner of Congress Avenue and Old
Boynton Road
SITE PLAN: Request for site plan approval to
construct a 104,018 square foot retail center with
two (2) leased outparcels.
Tambri Heyden, Planning and Zoning Director, stated that this was approved for a
shopping center. It comprises a main building and two leased outbuildings
1. Project Name:
Agent:
Owner:
Location:
Description:
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MAY 17. 1994
which are projected to be restaura~ts. The main building will be approximately ~.
88,818 square feet, and each leased outparcel will be 7,600 square feet. Four
two-way driveways are proposed. Only one of them has direct access off of the
main thoroughfare to the site. The rest of them are through access easements
through the mall or through cross access through Great Western. There are 595
parking spaces, which is a surplus of seventy-four parking spaces. Ms. Heyden
displayed the elevations which have been submitted for the main building. It is
a split face block finish and is in the modern district. The color scheme is
basically medium grey and peach. The architectural design is lacking one window
treatment and one wall accessory. The Planning and Development Board voted 4 to
2 to recommend approval, subject to staff comments, with the exception of Police
comment number 3, and subject to the street lighting fee being paid prior to
submission of the first building penmit. They also recommended that staff and
the developer evalute the feasibility of erecting a "no left turn" sign at the
intersection on the west side of the driveway that was requested for a parking
lot variance. It was Ms. Heyden'S opinion that the intent of the Code is to
allow as much stacking as possible. Since they are providing two separate lanes
to egress the site, a Ano left turn" sign would force traffic through the site,
back up to the north. This did not seem practical to her.
Ms. Heyden advised that the Board also recommended that a landscape island be
added where there are in excess of twenty parking spaces in a row. Staff evalu-
ated this and predicted that about twenty-four parking spaces would be lost.
Commissioner Aguila noticed that there is a recommendation to develop a sign
program for review. He asked if this is usually the policy. He felt this I
should be a condition of approval. Ms. Heyden advised that it is not clear in
the Code. Commissioner Aguila asked if the applicant has agreed to bring for-
ward a sign package. Ms. Heyden answered aff1nmatively.
Commissioner Aguila asked if the twenty-two foot wide, two-way driveway adjacent
to the loading zone in the back of the two restaurants is acceptable per Code.
Ms. Heyden answered affinmatively.
Commissioner Aguila stated that the landscape island on the right is only three
feet with a seventeen foot parking stall and a light fixture at the end of the
parking stall. He felt people would hit the pole there and that that island
should be no less than five feet.
Attorney Jill Jarkesy represented McMillen Development. She pointed out that
this site plan approval is for the entire site. However, the restaurants
involve conceptable approval and she would have to return with elevations for
site plan approval.
Ms. Jarkesy stated that the applicant has entered into leases with two national
tenants and that they require a minimum of five parking spaces per 1,000 feet.
The applicant tried to put the parking around each restaurant so that people
would not have to park far away and walk across main medians. The applicant has
exceeded the City's Code; however, he barely met the minimum requirements of the
national tenants. Ms. Jarkesy said she is authorized to add additional land-
scaping, but not to reduce parking.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MAY 17. 1994
c
Commissioner Aguila was concerned ~ith the layout of the parking. He pointed
out that people can drive from Old Boynton Road at an angle across all the
parking spaces to the Boynton Beach Mall access road. He felt every other hori-
zontal run where cars would head into needs to be broken. He felt three lengths
of green area could be added without affecting the parking a great deal. This
would help with site drainage and soften the appearance of the asphalt. The
applicant can adjust the landscape islands on the north end and gradually taper
it down. Ms. Jarkesy agreed that if this works without loosing parking spaces,
it will be done.
--
Commissioner Aguila informed Ms. Jarkesy that if built as shown, the only alter-
native is to make the restaurants smaller. Ms. Jarkesy was aware of this. She
agreed to return with a sign package for review by the City and the Planning and
Development Board.
Commissioner Katz asked if Commissioner Aguila's proposal would accommodate more
trees. Commissioner Aguila answered affinmatively. Commissioner Katz asked if
the applicant would be willing to plant more trees there. Ms. Jarkesy was
willing to plant more trees as long as the parking is not reduced.
In response to Commissioner Katz, Ms. Jarkesy confirmed that the tenants will
not come into Boynton Beach if parking spaces are reduced.
Vice Mayor Matson was not in favor of sending a negative message to people who
want to do business in Boynton Beach. She felt they should be accommodated, not
chased out. She referred to the removal of the Tamarind trees along Congress
Avenue for utility lines and asked the City Forester if he has any problem with
that and if he is going to work within Florida Power and Light guidelines.
Ms. Jarkesy answered affinmatively and stated that there is a note to this
effect on the landscape plan.
Mot1on
Commissioner Agulia moved to approve the Boynton Festive Center site plan as
submitted, per staff comments and per the comments that were made here this
evening by the City Commission. Vice Mayor Matson seconded the motion, which
carried 5-0.
2. Project Name:
Agent:
Owner:
Description:
Quail Run Villa,
(aka Quail Lake West PUD Phases II & III)
John Wheeler, Caulfield & Wheeler
Engel Homes
PRELIMINARY PLAT: Request preliminary plat and
construction plan approval for 176 townhouse lots,
infrastructure and amenities.
City Manager Parker advised that this is a request for preliminary plat and
construction plan approval for the remaining Phases (II and III), to be known as
Quail Run Villas of the Quail Lake West PUD, located east and west of S. W. 26th
Street, south of Woolbright Road. The request is a replat of a portion of a
e
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MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 12, 1996
Motion
Mr. Aguila moved to approve the minutes of the October 8, 1996 meeting. Vice Chairman
Golden seconded the motion, which carried 7-0.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
1. Final Disposition of Last Meeting's Agenda It~!T1s
Ms. Heyden reported the following:
· Boynton Festive Center Landscape Appeal - Approved by the City Commission
subject to all staff comments.
· Boynton Commons PCD Site Plan Approval - The Planning and Development Board
recommended that several comments be removed or reworded and a couple be
added regarding additional landscaping and screening. Prior to the City
Commission meeting, the Fire Department reexamined their comments and deleted
the one regarding the access to the rear of the Sports of Authority. With regard to
the turning radius behind Bed, Bath and Beyond and the other tenants in that area,
there was a typographical error in their memo. It was supposed to say, "diameter",
not "radius". Therefore, the plans were acceptable as drawn. However, they still
felt they needed rear access to that area. Therefore, the applicant agreed to locate
the standpipes at the corner and screen them with shrubs.
· Burger King Site Plan Approval - The City Commission approved this subject to all
staff comments and recommendations, in addition to the following:
· The design elements of the building will be the model for future outparcels
in that shopping center. The City Commission wants the mansard extended
all the way around the flat roof building. Therefore, we will expect that of
Discount Auto Parts and the outparcel to the north of it, which was supposed
to be Wal-Mart. Wal-Mart has backed out, so we do not know who that
tenant will be.
· Boynton Common PCD Parking Lot Variance - Postponed. The variance may not
be needed. We are working out some one-way issues on how to get access.
2
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15, 1996
Mr. Miriana advised that mangroves are growing on the road. The residents have been told that
they are not allowed to touch the mangroves; however, they keep growing. The mangroves are
between 14' and 16' high. In addition, there is a strip of heavy grass that is approximately 7' high.
On several occasions, Mr, Miriana would have been able to float a boat from his driveway to the
Intracoastal. He pointed out that money is spent in other parts of the City, and this is a necessity.
City Manager Parker Hill advised that a report was prepared on this situation, and Mr. Miriana will
be supplied with a copy. This is a tidal situation. The properties need to be filled and the
environmental agencies will not allow that to happen. This is not something which is the City's
responsibility to correct. The properties have eroded away because of the tidal action.
Mayor Taylor suggested that the City send a letter to the environmental agencies to let them know
of the problem and ask them to provide some guidance.
Bob Dovev, representing Commissioner Warren Newell's office, advised that the County does not
put hedge rows on County roads. However, there are two programs that the County has availabie
One is a NSTU program which allows the residents to work with the County to install the hedges and
the tax is spread out among all of the neighbors involved. The other program available is the Palm
Beach County Beautification Program which will reimburse for landscaping and beautification up to
$3.50 per lineal foot. He offered his business card to Mr. Ganza.
Andv Padre. the newlv elected President of the Firefiahters'/Paramedics Local 1891.
introduced himself to the Commissioners. He is presently employed by the City of Boynton Beach
and the School Board of Palm Beach County. He works in the Fire Academy at South Tech, He
is also a member of promotional boards for other fire departments within the County. Mr. Padre said
he was present to introduce himself and the resources of Local 1891. Mr. Padre feels his
background and participation in and outside the City, and in the County, provide him with expertise
to help in the selection of the new City Manager. Mr. Padre said he also works as a Police Officer
for Sheriff Willie.
VIII. DEVELOPMENT PLANS:
Attorney Cherof administered the oath to everyone who would testify during the proceedings dealing
with Boynton Festive Center landscape appeal, Boynton Commons PCD site plan request, and the
Burger King site plan request.
Boynton Festive Center
Jill Jarkesy
Agree Ltd. Partnership
Northwest corner of Old Boynton Road and Congress Avenue
LANDSCAPE APPEAL - Request for a landscape appeal to omit a
2.5 foot wide landscape strip between a vehicle use area and a
proposed abutting property line in connection with subdividing the
shopping center.
Tambri Heyden, Planning and Zoning Director, advised that staff has no comments and
recommends approval subject to all staff comments that the applicant agreed to at the Planning and
Development Board meeting.
A.
Project:
Agent:
Owner:
Location:
Description:
10
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15, 1996
Matton
Commissioner Titcomb moved to approve Agenda Item VIII-A, Boynton Festive Center, request for
landscape appeal to omit a 2.5 foot wide landscape strip between a vehicle use area and a
proposed abutting property line in connection with subdividing the shopping center subject to all staff
comments. Commissioner Bradley seconded the motion which carried unanimously,
B. Project.
Agent:
Owner:
Location:
Description:
Joe Lelanic of Land Desian South advised that all of the issues were ironed out with the Plann:nc;
and Development Board, and he agrees with all of the revised conditions contained in the stafi
report.
He brought forth the following two conditions for information purposes only:
1, One of the conditions that were modified at the last hearing regarded the Walgreen's
building on the north side of the site. The condition was to increase the amount of glass
area on the north side of the building to come up to the standards of the 25%.
Mr. Lelanic displayed an illustration which showed how the applicant redesigned the plan to meet
that condition.
2. The applicant originally had a clock tower in the middle of the site. In an effort to respond
to comments that have been made at past meetings. the developer has started to work in
some concepts on an outparcel (Video Avenue) to try to inClude a clock tower feature. It is
somewhat scaled down compared to what was in the middle of the site, but it provides a
visual focus.
Ms. Heyden advised that, based on discussions with the Public Works Director and the Fire
Department since the Planning and Development Board meeting, she is recommending that the
Commission approve all the staff comments and Planning and Development Board
recommendations with the exception of Comment #66. This comment relates to the redesign of the
dumpsters. The reason for the recommendation to exclude Comment #66 from the approval is the
fact that the parking lot variance is one of the items that was postponed this evening. The staff
recommendation for the parking lot variance conflicts with Comment #66. It is premature to delete
that comment until staff has an opportunity to see the parking lot variance which may impact the
circulation in the area. The Commission will have another opportunity to see this again in the future.
Mayor Taylor recalled a problem with..the standpipes. Ms. Heyden advised that Comments #7 and
#8 became issues at the Planning and Development Board. Comment #7 deals with the turning
radius, After speaking with the Fire Department, they have agreed to delete this comment. With
regard to Comment #8, the Fire Department has reevaluated the site plan and determined that only
11