LEGAL APPROVAL
The City of Boyntbn Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
April 26, 2005
Mr. Thomas A. Marsicano
URS Corporation
7650 West Courtney Campbell Causeway
Tampa, FL 33607
RE:
File No.:
Location:
Muvico at Boynton Beach Mall
MSPM 05-001
801 North Congress Avenue - Macy's leased parcel at the Boynton Beach Mall located on the north side
of Old Boynton Road just west of Congress Avenue
Dear Mr. Marsicano:
Enclosed is the Development Order granted by the City Commission on April 19, 2005. The site plan approval is valid for
one year from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension
granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our stafffor a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with thejirst permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
Sincerely,
~lL)C
Michael W. Rumpf
Director of Planning & Zoning
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\Site Plan approval letter after CC.doc
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DEVELOPME~.~ ORDER OF THE CITY COMMIS~N OF THE
CITY OF BOYNTON BEACH, FLORIDA
Muvico at Boynton Beach Mall
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
AGENT:
Thomas A. Marsicano, AICP I URS Corporation Soutr BT1T
AGENT'S ADDRESS:
7650 West Courtney Campbell Causeway Tampa, FL 33607
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 19, 2005
TYPE OF RELIEF SOUGHT:
Request for Major Site Plan approval for the construction of a
79,500 square foot movie theatre and 17,528 square feet of retail
at the Boynton Beach Mall, which is in C-3 zoning district.
LOCATION OF PROPERTY:
301 North Congress Avenue - Macy's leased parcel at the
Boynton Beach Mall, located on the north side of Old Boynton
Road, just west of Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
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:
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development D ~ m I .~ D Wi ~ r'-)
The APP~t /
- ~~~ NOT [- APR 2 2 2005
(
established by substantial competent evidence a 19'a~~ftM"Et1Ilt'OOetietr~tl~~t~
2.
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 notation "Included".
4.
The Applicapt'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
1- IJ.B. - 0 'S
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BOYNTON BEACH MALL
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Mall - Muvico
File number: MSPM 05-001
Reference: 2nd review plans identified as a Master Site Plan Modification with a January 31. 2005 Planning
and Zonin1! Department date stamp markin1!.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Remove stop bars and lane separators on rin~ road. X
2. Add lane separator on "major" driveways to ring road. X
ENGINEERING DIVISION
Comments:
3. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permittin1!.
4. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
5. Palm Beach County Health Department permits will be required for the water X
and sewer systems servin~ this project (CODE, Section 26-12).
6. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section
16, or the requirement imposed by insurance underwriters, whichever is
1!feater (CODE, Section 26-16(b)).
7. The LDR, Chapter 6, Article N, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
COA
03/17/05
2
DEPARTMENTS INCLUDE REJECT
8. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a).
9. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
10. Another link of the sanitary sewer (from the Sears automobile service facility) X
may come into the existing manhole located at the northwest corner of the
proposed building and has not been addressed. Show the sanitary sewer for
Sears Automotive and address relocation of this line.
11. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
-
12. Site addresses shall be placed conspicuously on the front of the structure, so X
the numbers can be seen plainly Site addresses shall be placed conspicuously
on the front of the structure, so the numbers can be from the street. Numbers
used for residences shall be not less than four inches in height and shall be
made of a durable and visible material. Numbers used for commercial and
industrial buildings shall not be less than six inches in height. (City
Ordinance Chapter 20 Section 16.).
13. Prior to Fire Department inspections, new construction projects must provide X
the results of a hydrant flow test indicating a fire flow not less that 1500
gallons per minute @ 20 p.s.i. above domestic use. This applies to new or
existing hydrants within the required 200 ft. of the facility.
14. All buildings, three (3) stories or 30 feet in height, shall have an automatic X
fire sprinkler system Chapter 9, Sec 7-2-2A1 City Ordinance.
POLICE
Comments:
15. Staff recommends the movie theatre hire private security guards to assist with X
any future problems that may arise from large gathering of juveniles.
COA
03/17/05
3
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments:
16. At the time of permitting, indicate within the site data the occupancy type of X
the building as defined in 2001 FBC, Chapter 3.
,
17. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC.
18. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
19. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
20. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
The design professiona1-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management construction
development regulations."
From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
21. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
22. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
23. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
COA
03/17/05
4
DEPARTMENTS INCLUDE REJECT
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
24. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
25. Add a general note to the site plan that all plans submitted for permitting shall X
meet the City's codes and the applicable building codes in effect at the time
of permit application.
26. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
27. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
28. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.s. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6. The following information
must be submitted at the time of permit application:
The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a threshold
building All shoring and re-shoring procedures, plans and details shall be
submitted. All plans for the building that are required to be signed and sealed
by the architect or engineers of record shall contain a statement that, to the
best of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the local
authority in accordance with this section and F.S. Section 633.
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments:
COA
03/17/05
5
DEPARTMENTS INCLUDE REJECT
Existing Trees Management Plan
Sheet L-O 1
29. The Landscape Architect should tabulate the total existing trees on the site. X
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed / replaced on
site. AU desirable species of existing trees must be relocated rather than
removed if the trees are in good health. These trees should be shown by a
separate symbol on the landscape plan sheet L-02 (Chapter 7.5, Article I Sec.
7.D.p.2.).
Landscape Plan
Sheet L-02. L-03
30. All shade and palm trees on the Plant list must be listed in the specifications X
as a minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground),
and Florida #1 (Florida Grades and Standards manual). The height of the
trees may be larger than 12'-14' to meet the 3" diameter requirement.
rEnvironmenta1 Regulations, Chapter 7.5, Article II Sec. 5.C. 2.1
31. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time oftheir installation (Chapter 7.5, Article II, Section
5.C.2.).
PLANNING AND ZONING
-
Comments:
32. Approval of this site plan is contingent upon the accompanying request for X
height exception (HTEX 05-004). On the site plan tabular data (sheet C-4),
correct the "maximum building height" to indicate 45 feet rather than 54 feet.
33. The maximum height allowed in the C-3 zoning district is 45 feet (Chapter 2, X
Section 6.C.). At the time of permitting, the elevations shall indicate the
building height, ensuring compliance with aforementioned code.
34. The shared parking analysis indicates the project would contain 3,650 seats X
but the site plan (sheet C-4) tabular data indicates 3,646 seats. The legal
advertisement indicates 3,646 seats are proposed so therefore, if approved, the
movie theatre would be limited to 3,646 seats, unless properly clarified,
documented, or amended subsequently.
35. The traffic impact study must be approved by the Palm Beach County Traffic X
Division for concurrency purposes prior to the issuance of any building
permits.
36. The project requires a total of 5,562 parking spaces but only provides 5,478 X
parking spaces, a deficit of 84 parking spaces. However, the applicant
submitted Quantitative evidence (shared parking analysis) that demonstrates
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varying parking demand on different days or times of the week. The
quantitative evidence included estimates for peak hour I peak season parking
demand based on statistical data furnished by the Urban Land Institute
(Chapter 2, Section l1.H.13). The analysis was reviewed and found to be
acceptable to staff. The Planning & Development Board and City
Commission must approve the shared parking analysis.
37. The overall site plan (sheet C-3) tabular data indicates 42,876 square feet of X
"future retail". This future building area was not a component of the shared
parking analysis and should be indicated as such on the overall site plan
tabular data.
38. At the time of permitting, All building elevations (for both Muvico and Retail X
"A") should indicate paint manufacturer's name and color codes (Chapter 4,
Section 7.D.). Staff recommends using a color schedule.
39. On the landscape plan, ensure that the plant quantities must match between X
the tabular data and the graphic illustration.
40. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X
Bouganvillea) is required at both sides of all project entrances (off the loop
road). The signature trees must have eight (8) feet of clear trunk if placed
within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.).
Alternative plant material may be substituted if the above referenced plant
material is not available or undesired. Any substitution of plant material (for
the signature tree requirement) will be subject to the City Forester /
Environmentalist review and approval.
41. One (1) wall sign is allowed on each wall of the movie theatre building X
(Chapter 21, Article N, Section 4). The elevations (of the Muvico building)
show that reader boards are proposed on the same wall as the "Muvico" wall
sign. Both signs are not allowed on the same wall. At the time of permitting,
eliminate one (1) wall sign where there are two (2) proposed. A variance
would have to be applied for, reviewed, and approved by the Planning &
Development Board and City Commission in order to have two (2) wall signs
on one (1) wall.
42. Eliminate the "16" portion of the project signage because as proposed, is X
considered a roof-top sign. Roof-top signs are not permitted under Chapter
21, Article II, Section 3.G of the Land Development Regulations.
43. Rooftop air-conditioner units must be screened by the parapet walls. All X
rooftop equipment must be completed screened from view at a minimum
distance of 600 feet (Chapter 9, Section l1.E.).
44. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X
encouraged (Chapter 9, Section 10.F.3.).
45. Lighting may be used to illuminate a building and its grounds for safety X
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purposes and to enhance its beauty. However, the visual effect shall be subtle
(Chapter 9, Section 10.FA.). Staff recommends that the illumination levels
shall not exceed 10 footcandles.
46. Lighting shall not be used as a form of advertising in a manner that draws X
more attention to the building or grounds at night than in the day (Chapter 9,
Section 10.F.5.).
,
47. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X
of the typical freestanding outdoor lighting fixture should include the overall
height, exterior finish, materials used (i.e. concrete or aluminum) and
color(s). Staff recommends that the proposed lighting fixtures (and
footcandle levels) used in the new parking areas should be the same lighting
fixtures (and footcandle levels) that are used throughout the remainder of the
mall's parking lots. Also, staff recommends limiting the under canopy
lighting levels to 10 footcandles or less.
48. The elevations show a trellis structure with Bougainvillea is proposed at the X
rear of the Muvico building. This element was omitted from the site plan and
landscape plan. At the time of permitting, revise either the site plan or
landscape plan to show the trellis structure. Regardless, the screen wall shall
be painted to match the principle structure.
49. To soften the hardscape area, staff recommends installing a seven (7) foot X
wide planter strip directly in front (east) of the new retail area. Native hedge
material and palm trees should be installed within the planter strip. This can
be accomplished during the permitting process.
50. Staff recommends that the signage proposed on the expansion building must X
either match or closely resemble the existing signage on the other mall
entrances.
51. To create a more grandiose entrance to the movie theatre, staff recommends X
substitutinj;!; the 14 Christmas palm trees with J 4 Royal Palm trees.
52. Staff recommends including the same white, wall-mounted decorative X
lighting fixtures on the expansion area as that of the wall-mounted fixtures
used on the other mall entrance.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
53. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
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54. To be determined. ~
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