REVIEW COMMENTS
08/05/'37
14:37
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SCHROEDER & LRRCHE, P. R .
NO.029
1101
SCHRQE;DER ANQ l.ARCHE. P.A.
ATTORNEYS AT LAW
ONE BOCA PLACE, SUITE 319 - ATRIUM
2255 GLADES ROAD
BOCA RATON, FLORIDA 33431-7383
TELECOPIER (407) 241-0798
BOCA RATON (407) 241-0300
BROWARD (305) 421-0878
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mowrn
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All; " Rr.71
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1ELECOPIER TRANSMITTAL SH~ET
1025-05
(561) 375-6011
(561) 375-6259
(561) 476-5012
(904) 739-900B
(404) 321-0780
(757) 523-0370
Mayor Gerald Taylor
Ms. Tambri Hayden, City of Boynton Beach Planning
and Zoning Department (via telecopier)
Mr. Joseph D. Lelonek, Land Design south (via
telecopier)
William M. Sulzbacher, Executive vice President
A. Russell Kirk, President. Armada/Hoffler Holdin9
Co. {via telecopier)
Donald B. Stiller, President, Boynton Commons Corp.
(via hand delivery)
PLANNING AND
ZONING DEPT.
Michael A. Schroeder, Esq.
Old Navy Lease
Augu!lt 5, 1997
SPECIAL INSTRUCTIONS:
Correspondence of even date.
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128/05/97
14:37
SCHROEDER & LARCHE. P.A.
NO.029
002
SCHROEDER AND LARCHE. P. A.
ATTORNEYS At LAW
ON'; 1I0CA 'LACE. SUITt' 319 -ATRIUM
225S C'-ADlS aoAD
BOCA RATON. FLORIDA JJ4JI .7383
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August 5, 199'7
V%A ~."COP%ZR (561) 375-6011
Mayor Gerald Taylor
City of Boynton Beach
100 East Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Re: Boynton Commons ShoppinQ Center (the "Shopping Centertl)
Dear Mayor Taylor:
The City Planning Staff was unable to approve requested
revisions to the store front elevations for three of the tenants in
the Shoppinq Center: Old Navy, the Sports Authority and Tony Romals
Restaurant. As a result, the matter was directed to the Planning
and Development Board; which, by a 6-1 vote, approved The Sports
Authority and Tony Roma I s elevations as submitted, but adopted
staff comments with respect to modifications that would be required
to the front of the Old Navy store. The matter was then placed on
the Consent Agenda for the August 5th City Commission meetinq,
pursuant to a request by the Planning Department.
The Old Navy Store, which is owned and operated by Gap, Inc.,
is an integral part of the Shopping center and will be a valuable
addition to the retail community in Boynton Beach. Representatives
of Old Navy have steadfastly maintained the position that the front
elevation of this store, as submitted to the City for approval, is
now an essential part of their over-all operation and "their look~
and is used as a standard nationwide as part of their marketing
effort and their desire to establish and maintain an easily
recognizable identity for their stores. As a result, we have been
unable to obtain Old Navy's agreement to the front elevation
modifications being requested by staff and, in fact, the Old Navy
Lease provides that, if the Landlord is unable to procure the
approval of the store front plans as submitted or approved by the
Tenant, without conditions, notations or requirements whatsoever,
the Tenant reserves the right, in its sole discretion, to ter.minate
the Lease.
A request was submitted to the Plannin9 Department that this
issue be removed from the Consent Agenda and placed on the City
Commission Agenda for its August 19th meeting, to give both the
staff and the applicant an opportunity to: (i) exhibit the revised
Old Navy store front elevation to the City Commission, (ii)
08/05/9'7
14:37
SCHROEDER & LARCHE, P.A.
NO. 029
[;103
Mayor Gerald TaVlor
City of Boynton Beach
August 5, 199'7
Page 2
present their respective views with respect to same to the
commission in an open forum, and then (ii1) to give the Commission
an opportunity, after having been fully advised of all the
surrounding facts and circumstances, to determine whether the
elevation should be approved as submitted. The Planning Department
has indicated that only the Commission can make this schedulinq
change.
Since the applicant has no opportunity to address the
Commission with respect to matters on the Consent Agenda, we are
requesting that the Commission take appropriate steps to remove the
item in question from the Consent Agenda for tonight's meeting, and
reschedule it tor public hearing on August 19th.
!CHAEL A. SCHROEDER
MAS:cc
cc: Ms. Tarnbri Hayden, City of Boynton Beach Planning and Zoning
Department (Via Telecopier)
Mr. Joseph D. Lelonek, Land Design South (Via Telecopier)
William M. Sulzbacher, Executive Vice President, Baita
International, Inc. (Via Hand Delivery)
A. Russell Kirk, ?resident, Armada/Hoffler Holding Co. (Via
Telecopier)
Donald B. Stiller, President, Boynton Commons Corporation (Via
Hand Delivery)
J:\7\CL!ENTS\STILLER\L~ASES\OLONAVY\~AYLOR.eos (1025p005)
DEVEL MENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-372
FROM:
Tambri J. Heyden, AICP
Planning and Zoning Director
Jerzy Lewicki, Acting Senior Planner -=:J V'
TO:
DATE:
June 30, 1997
SUBJECT: Boynton Commons
Appeal of Administrative Decision - 1 sl review staff comments
ADAP 97-002
The following are 1 st review comments for the above referenced project:
1. It is recommended that the upper fenestration of the front elevations for Old Navy,
Sports Authority and Tony Roma's be designed as follows:
A. The height of the windows/glass elements shall not exceed 75 percent of the
ground floor level storefront height.
B. Each window frame glass element shall be separated, rather than combined in
multi store fronts.
C. Main entrance storefront shall remain a predominant element of the front
elevation.
2. The previously approved Walgreen's elevations are not the subject of this revision
and will be constructed as approved.
xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\BOYCOMM\ADAP\1st rev staff comments cdpa boynt.comm.doc