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LEGAL APPROVAL The City of Boynton 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 Marsicano URS Corporation 7650 West Courtney Campbell Causeway Tampa, FL 33607 RE: File No.: Location: Muvico at Boynton Beach Mall HTEX 05-003 801 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. ImTJortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our staff for 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 thefirst 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, M~ Michael W.Rumpf Director of Planning & Zoning S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\HTEX 05-003\Appvl Ltr after CC.doc ';' , . DEVELOPME' ~ ORDER OF THE CITY COMMISWN OF THE cn, OF BOYNTON BEACH, FLORIDA PROJECT NAME: Muvico Theatre at Boynton Beach Mall Development P&;' E' 'j' ", 'c <j t " .i;,~ep ':g ~',: ..:(c";:,'~ lerk AGENT: Mr. Thomas A. Marsicano, AICP I URS Corporation 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 a height exception of 19 feet - six (6) inches for decorative statues on a movie theatre, proposed on a 11.64-acre parcel in the Community Commercial (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: 5. 6. 7. 1. Application for the relief sought was made by tre Applicant in a manner consistent with the requirements of the City's land Developme er . a Dr W~~: I APR 22 2005 1 I I established by substantial competent evidenc ~EIBl!B~be "'~t6~ijl,J~!?led. 2. The Applic;mt ~HAS HAS NOT 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 "C" with notation "Included". 4. The Applic,slnt's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the and conditions of this order. Other DATED:--4-A~-o6" S:IPlanningISHAREDIWPIPROJECTSlBoynlon LoftslHTEX OS-OOIIDO,doc \': ......) ~OYNTON BEACH MALL LOCATIO~ MAP , ExhIbIt A ~ L~V L ~ 2J~1 ~U c: ~ :l r-- .... If I .1 , ..1 J ._~./ '- ., no~ r' C '-1' L I ~ _-FE ~. -r J _ ~ r- r- , - I r I r I J 15_, I I i- I. 1.1 ~ - 'I .ww - . I ~ ~ III II I ~ III II - II ~ ~ rr: r- ... - E.Bf:E " 'I w::::F '- t- "tU_, lI-Y TT Ocr I L i::1 - I r -J- r ~ TII f '1_ r- ~ _miiIDE nmnmtlllUH /'" T ,-\onmm!0~ llIl1D~ 10 ~ _ IIIIIDlBUl1lDm r-- ' I II --1 I I-t,,.;: ~ , tH - I I I - - VIOIJ' :L I --. - - ITI II ~ C- ,...., ij 1-1 ~p f- f-J:: ~ \...:- h -= I r .r I I ...t'" y If I 'J - II r I I J _ I 1 [J f-ll ,Tlll/a:111 lit I II " 1,100 650 o 1,100 Feet N A _..~... ..........--.-.-....... ......---- m I If ~. ... I . i :i , ... ~ l~~al ~ rr ' rf i i i i ~e 1-, lJ II G!l i '" I ~ it ! ! : ~ I~~ I {l ! ! ~ !I , i: A il Q II " II G !l ! i ; ~ ~ f i I~ ~JI~ !ll I' JI if'!j iff I P. t!li~ WI I r-f IIRal1 jil r "1 .' J. . I ;.; . EXHIBIT "an , , I I, , I I, , I I, I, , I I, I I I, , I I. , I I, , I I, , I f I, . 'I , I, , 'I ~~ ~~ .'.." . . . . W'r' ;'1, "II ;~qf ~9!, ; 1 [- ---- a ~~,t,' \ 'OJ,', ~ T ~,;;"J '~! ""J ~ l ,] lI:..~_ mi~' !i~, j E;;['~j i I(f! b;~ :=a!!!; ""0 k" '" "'0" ',;0"' ..a 00'11 "j j; I i ;i~g~q ~ r 0 ';: tI ... I 2/2005 1:5Ch03 PM \ \BUO\PLOT -NT\CAONET _8306\QUEUE\PRINTERS.Qcf leSSlcom e:\047Flh(il(il M, ,v,,,,,Rr,,.n+M\ rAnm ^_", _ '\ \t;, EXHIBIT "e" Conditions of Approval . " Project name: File number: Reference: Muvico Theatre at Boynton Beach Mall HTEX 05-003 Elevation drawings with a January 31. 2005 date stamp marking. DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION . Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. 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. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 2. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: J' Page 2 Muvico at Boynton Beach Mall Height Exception (HTEX 05-003) DEPARTMENTS INCLUDE REJECT 3. To be determined. ~-~ ~ S:\PlanningISHAREDIWP\PROJECTSlBoynlon Beach Mall\MSPM 05-001 Muvico TbeatreIHTEX OS-003ICOAdoc