Loading...
LEGAL APPROVAL jvJtj' F RESOLUTION NO. R97-/~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING ACCEPTANCE OF THE REPLAT FOR BOYNTON COMMONS PCD, WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the Replat for Boynton Commons PCD, which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby approve the Replat for Boynton Commons PCD, which is attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /b day of ~P7': , 1997. CITY OF BOYNTON BEACH, FLORIDA --, ~i /' /," ,. ,,'._~_ 7" '.-...... ~/" ~. " Mayor ~ ~"'--'~ ~-\......~':"7 ,~~.~'" Z~ Commissioner ) u-- Commissioner ( - , ATTEST: ,~~~~~~~ C~ Y Clerk (Corpora te Seal) RcplaL POYllTON ,:O[,Jr.10NS peD 08/05/97 14:37 BILLING NO: TELECO~Y NO: TO: CC: FROM: RE: DATE: SCHROED~~ & LARCHE. P.A. NO. 029 [;101 SCHRQ~DER ANQ LA,RCHE. P.A. ATTORNEYS AT LAW ONE BOCA PLACE, SUITE 319 - ATRIUM 2255 GLADES ROAD BOCA RATON, FLORIDA 33431-7393 TELECOPIER (407) 241-0798 BOCA RATON (407) 241-0300 BROWARD (305) 421-0878 }ELECO~IER TRANSMTTTAL S~~ET 1025-05 (561) 375-6011 (561) 375-6259 (561) 478-5012 (904) 739-9008 (404) 321-0780 (757) 523-0370 Mayor Gerald Taylor Ms. Tambri Hayden, City of 8oynton Beach Planning and zoning Department (via telecopier) Mr. Joseph D. Lelonek, Land Design South (via telecopierl William M. Sulzbacher, Executive vice Pre5ident A. Russell Kirk, President, Armada/Hoffler Holding Co. (via telecopier) Donald B. Stiller, President, Boynton Commons Corp. (via hand delivery) Michael A. Schroeder, Esq. Old Navy Lease August 5, 1997 SPECIAL INSTRUCTIONS: Correspondence of even date. TOT~L NUMBER OF PAGES INCLUDING THIS PAGE: 3 ORIGINAL TO FOLLOW: No CONr*DENTIAL~rY NOTE THE INFORM1\TION CONTAINED IN THIS FAX TMNSMISSION IS LEGAl.l,'t PRIVILEGED AND CONFIDENTIAL INFORMATION INTENOED ONLY FO~ THt USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE.IF THE REAOER OF THIS TRANSMISSION IS NOT THE INTENDED RECIPIENT, tOU ARE HEREBY NOTIFJ~O THAT ANY CISSEMINATION, D!STRIBUTION OR COPYING OF THIS TRANSMISSION IS STRICTLY PROHIBITED. IF' YOU HAVE i\ECgIVED THIS 'I'i\ANSMISSION IN ERROR, Pu:ASE IMMEDIATELY NOTIFY us B't COLLEcr T::LEPtiOME ~1.oL AND RE'l'URN THE ORIGINAL TRANSMISSION TO US ~T THE ADDRESS A~oVE VIA u.S. ~~IL. T~~NK YOU iF YOU 00 NOT ~!CEIVE ALL OF THE PAGES PLEASE CALL (407) l41-0300 1E~C1E!VJED ~/!1~<~~ cy;1?l/1~r-,j-'/ r1 r- ~UG 5 tWi/.. ~r1Y ~&M:AGEn !OFFICE --:--~...........-.- .,.-..=->' 0''=1/05/97 14:37 SCHRCEDEB. & LARCHE, P. A. NO. 023 1/ SCHROEDER AND LARCHE. P.A. ATTORN OS AT LAW ONJ: SOCA PLACE. SUITt 'Jlt -ATRIUM ~25' l;LAOiS IlOt.D BOCA RATON. Fl.ORIDA n4il .7383 r ' MICWCl.I4..IC"lIQUiIl W. LAW.EN" LAICM' Al.AII H.&.LINc;lA IOc:A IATCfol (5611 2.1 . 0100 ..OWAllO COUNTY 19M '421 .0171 'UECOl'IU ts., I ~l .0198 . rI.OIllM .. __ "...."lCt MU.S,TlUST1 AIlDUTATalA..-rIa August 5, 1997 OO,n, .f-r; , 'r~ 'l,l,~ ~~N!Tr~,f ~!rr: ~',,~~,'h'. '.:~:,~'1,",'"r , , .,' , -w:L!ilE..~ ~ ,- -,', . .-..,. .. -~_., ,",.,-,.-."......-',..; '. ," "L.,,' ~ ('.'~-IB'-, _~, 100'7 I UJ j ,i' , j l ,'1 v...l. If! \.r ~. ' ; '.",.. 1 1 - ~ -.!l ~!::;I\NNING AND j 'j;QNl9G DEPl I , "1"."~~._,__.; V%A ~ELE~OP%2A (561) 375-6011 Mayor Gerald Taylor City of Boynton 8each 100 East Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Re: Boynton Commons Shopping Center (the "Shopping Centerlt) Dear Mayor Taylor: v The City Planning Staff was unable t.o approve requested revisions to the store front elevations for three of the tenants in the Shoppinq Center; Old Navy, The Sports Authority and Tony Roma's 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 ot the Old Navy store. The matter was then placed on the Consent Agenda for the August 5th City Commission meeting, 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 unat)le to obtain Old Navy' 5 agreement to the front elevation modifications being requested by staff and, in fact, the Old Navy Lease provides thst, if the Landlord is unable to procure the approval of the ~tore 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 terminate the Lea~e. [;102 f: J. ( ..g' ,,\ L. ~ ~~ J i: ~ ~ --t- . \- "" ~ i .......... o ~ ~ 1 \ ~ ~ ~ ~ ~ 's ~ \ A request was submitted t.o the flannin9 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 Cormnission, (ii) ~fN.~ ~, (eAfv- , Sr ~ /f1w--4~--ft, F::-~^~ ' ~)\ \' =-~~tD oJ.Lr~. " ~~5 ~(,),V ~ 'l~..2f-1- I( , 4 ~ ,~~ \P vJ\ ~'I\ Vi 08/05/97 14:37 SCHRCED~ & LARCHE, P. A. NO. 029 (;J03 Mayor Gerald Taylor City of Boynton Beach August 5, 1997 Page 2 present their respective views with respect to same to the Commission in an open forum, and then (iii) to give the Commission an opportunity, after having been fully advised of all the surroundiruJ 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 scheduling chanqe. Since the applicant has no opportunity to address the Commission with respect to matters on the Consent Agenda I 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 for public hearing on August 19th. A. SCHROEDER MAS:cc cc: Ms. Tambri Hayden, City of Boynton Beach Planning and Zoning Department (Via Telecopier) Mr. Joseph O. Lelonek, Land Design South (Via Telecopier) William M. Sulzbacher, Executive Vice President, Baita International, Inc. (Via Hand Delivery) A. Russell Kirk, President, Armada/Hoffler Holding Co. (Via Telecopier) Donald B. Stiller, President, Boynton Commons Corporation (Via Hand Delivery) J:\1\CLIENTS\S1ILLER\LEASES\OLONAVY\TAYLOR.805 (102S~005l