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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon) D April 18, 2006 April 3,2006 (Noon) t8J June 20, 2006 June 5, 2006 (Noon) D May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) D May 16, 2006 May I, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM t8J Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the June 20, 2006 City Connnission Agenda under Public Hearing. The Planning and Development Board, recommended that the subject request be approved on May 23, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-079. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Muvico Theaters (SPTE 06-004) George Figler, Muvico Theatres Boynton, JCP Associates, LTD. 301 North Congress Avenue Request for site plan time extension approval for Muvico Theatres and 17,528 square feet of retail space at the former Macy's mall entrance granted on April 19, 2005, from April 19,2006 to April 19, 2007. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A NIA Devell!:!n~ct~ kJ~ Planning and Zo g Director City Attorney / Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\SPTE 06-004\Agenda Item Request Muvico Theaters SPTE 06-004 6-20-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-079 TO: FROM: Chair and Members Planning and Development Board Michael RU~~ Director of Planning and Zoning Ed Breese ~ Principal Planner THRU: DATE: April 19, 2006 PROJECT: Muvico at Boynton Beach Mall / SPTE 06-004 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Boynton - JCP Associates, LTD. Applicant / Agent: George Figler, Muvico Theaters Location: 301 North Congress Avenue (see Exhibit "Aft - Location Map) Existing Land Use/ Zoning: Local Retail Commercial (LRC)/ Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Uses: Request site plan time extension approval for Muvico Theaters and 17,528 square feet of retail space at the former Macy's mall entrance. Acreage: 11.64-acres Adjacent Uses: North: Immediately north is right-of-way for Boynton C-16 Canal, then further northeast is developed commercial property with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3); to the northwest is developed residential properties with a High Density Residential (HDR) land use classification and zoned Planned Unit Development (PUD); South: Immediately south is right-of-way for Old Boynton Road, then further south is developed commercial properties (Wal-Mart Supercenter) with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C- 3); East: Immediately east are developed commercial properties with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C- 3), then further east is right-of-way for Congress Avenue, still farther east is undeveloped property with a Mixed-Use Suburban (MX-S) land use classification and zoned Suburban Mixed-Use (SMU), to the southeast is undeveloped Page 2 Memorandum No. PZ 06-079 property with a Local Retail Commercial (LRC) land use classification zoned Community Commercial (C-3); West: Developed residential properties with an Palm Beach County Medium Residential (5-units per acre) land use classification and zoned Residential Single-family (RS). BACKGROUND Mr. George Figler, Senior Project Manager for Muvico Theaters is requesting a one (l)-year time extension for the Muvico Theaters at the Boynton Beach Mall Site Plan and Height Exception Development Orders (MSPM 05- 001 and HTEX 05-003) which were approved by the City Commission on April 19, 2005. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extensions were approved, the expiration date of this site plan, including concurrency certification would be extended to April 19, 2007. According to the original site plan staff report, Muvico was approved to construct a movie theatre, 79,500 square feet in area and containing 3,650 seats on 1l.64-acres, at the Boynton Beach Mall (301 N. Congress Avenue). The height exception request was for two (2) decorative statues proposed on the roof, which were 64 feet - six (6) inches in height, or 19 feet - six (6) inches above the district height limitation of 45 feet in the C- 3 zoning district. In addition, 17,528 square feet of new retail space was approved to be constructed at the former Macy's mall entrance. ANAL YSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request March 15, 2006, approximately a month prior to the expiration of the site plan and height exception. According to the time extension application, Mr. Figler documents their meetings with staff to discuss the reduction from the original 16-plex design to a 14-plex design, as a result of increased construction costs. They have been working on the redesign, which has taken considerable time and are nearly complete with the architectural and engineering drawings associated therewith. The mall owner is working with FP&L on some underground utility work in the vicinity of the theatre, and upon completion of that work (tentatively scheduled for June), the sales transaction between Muvico and the Mall will be completed. Lastly, Mr. Figler indicates that Muvico has paid $28,720.00 in permit fees to date. As such, they are requesting a one (1) year time extension to gain the necessary permits and begin construction. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. Traffic concurrency was approved without a build-out date, due to the reduction in trips associated with the demolition of the Macy's building. As for utilities, a utility reservation fee is not required due to the fact that the proposed improvements are replacing the demolished department store. The site plan time extension would still be subject to the original conditions of site plan and height exception approval. Lastly, no new land development regulations are now In place against which the project should be reviewed and modified. Page 3 Memorandum No. PZ 06-079 RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the site plan (MSPM 05-001) and height exception (HTEX 05-003). If this requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to April 19, 2007, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\Muvico\SPTE 06-004\Staff Report.doc BOfNTON BEACH MAL.. LOCATION MAP Exhibit A }=\J\ L v: " / '- - C '-- I~ i!;;l~ m Eli! 2J~ I ~1a Qj fTO~ L I m:fl c:: ~ / ~ "'"' ? 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II !i II ii ~ f ~II r; !! ;!! lI::!i"r; Ul l ;;EEi 1111 ;; 11 .' ?l I ;:: II I BOYNTON BEACH MALL ! III URS I I SIMON . - I 1O'.-n1__ . . I ~ IIOYNTON lEACH, R._ ! UR8~_ ~ -~- - II..-ao,e- 7IlIO_c:..moy_~ . MWICO THEATER IUW.W........._ ( ~ T_.__7 \1131_'''' . -.-... HI WI I SITE PlAN ..........Ill_ ~_No._ , -- - J17.63UfOO - - " p.-._ tlOO45Jt.ooooo 1_ L .J EXHIBIT B The World's Premier Movie Experience March 14, 2006 Michael W. Rumpf Director of Planning and Zoning City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 Re: Muvico 14 Boynton Beach Request for Extension of Site Plan Approval Dear Mike, Site plan approval for the above mentioned project was granted by the City Commission on April 17,2005. Since that time Muvico has been using its best efforts to secure all governmental approvals to allow for the construction of our theater. Spiraling construction costs have forced us to scale back from our original 16-plex design to the 14-plex theater you and your statfreviewed at our meeting on February 14,2006, and subsequently approved. This redesign has however resulted in a loss of time and the reason for this request. We are therefore requesting an extension to our current site plan approval for a period of one year to allow us to complete construction drawings and resubmit them to the City Building Department for permitting. Muvico is committed to construct our theater at the Boynton Beach Mall. We offer the following as evidence of this certainty: 3101 North Federal Highway, 6th Floor Fort lauderdale, FL 33306-1042 Tel: (954) 564-6550 Fax: (954) 564-6553 . Site Plan Approval granted by City Commission on April 17, 2005. . Original permit drawings submitted on July 27, 2005. . Permit drawings resubmitted on September 1,2005. . Permit fees paid to date, $28,720.00. · Muvico intends to purchase our site from the Developer once underground utility work is completed by FPL. We have been advised by the Developer that this work should be completed in June 2006. We will close shortly thereafter. Weare excited at the prospect of this new theater in Boynton Beach and ask that the requested extension of time be granted. Should you have any questions or concerns, please call me. Cc. Mr. Mike Wilson, Muvico Theaters, Inc. Mr. Jim Andreone, DDG. Mr. Don Pollard, Simon Property Group. EXHIBIT "e" Conditions of Approval Project name: Muvico @ Boynton Beach Mall File number: SPTE 06-004 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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 FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. All previous eonditions of approval must still be complied with. X Conditions of Approval 2 DEPARTMENTS INCLUDb .... I.' Il.if ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\SPTE 06-004\COA.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 1. Project: Fosters Mill (MPMD 05-010) Agent: George Delarosa, President of Fosters Mill HOA Owner: N/A Location: North side of Miner Road between Congress Avenue and Lawrence Road. Description: Request for Master Plan Modification of the Fosters Mill P.U.D. to reduce the minimum side yard setback from ten (10) feet to eight (8) feet and the minimum rear yard setback from five (5) feet to three (3) feet for screened roof enclosures, and to reduce the minimum rear yard setback for pools from eight (8) feet to five (5) feet. Chair Wische read the request and indicated staff recommends approval without any staff conditions indicated. The agent, George Delarosa was present. Mr. Breese, Principal Planner for the City indicated this request was similar to Citrus Glen approximately a year ago. He explained this situation had a master plan with the same side setback for pools and for screen rooms. That meant if someone built a pool, then sold and the new owner decided to screen in the pool, the owner would have a problem because the screen would be at waters edge on that side. He elaborated the applicant requested staff revisit the issue and look at an eight foot setback for the screen room, and also look at allowing them more flexibility for the construction of pools for the future. The request would reduce the rear yard setback for pools from eight feet to five feet, thereby, at the same time, changing the screen room enclosure for the rear yard setback from the existing five foot to three feet. The unique issue with this PUD is almost every lot in the development either backs up on the 20 feet landscape perimeter buffer, or on one of the lakes or common areas. There are eight lots, which back up to other lots and for those lots, staff was recommending that they retain the current master plan designation for rear, pool and screen enclosure setbacks. Chair Wische opened and closed the floor for public comment. The board discussed the item and noted the developer involved in designing the subdivision, caused the issue with the setbacks. The developers should not have been allowed to develop the subdivision the way they did. The board also noted with the common areas adjacent to the affected properties that staff was recommending approval. It was a prior situation that required the present request. Motion A motion was made by Mr. Casaine to approve the request for Master Plan Modification of the Fosters Mill P.U.D. to reduce the minimum side yard setback from ten (10) feet to eight (8) feet and the minimum rear yard setback from five (5) feet to three (3) feet for screened roof enclosures, and to reduce the minimum rear yard setback for pools from eight (8) feet to five (5) feet. Vice Chair Hay seconded the motion that unanimously passed. F. Muvico Theaters 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Site Plan Time Extension 1. Project: Muvico Theaters (SPTE 06-004) Agent: George Figler, Muvico Theaters Owner: Boynton, JCP Associates, L TO. Location: 301 North Congress Avenue Description: Request for site plan time extension approval for Muvico Theaters and 17,528 square feet of retail space at the former Macy's mall entrance granted on April 19, 2005, from April 19, 2006 to April 19, 2007. The agent, George Figler, 3101 N. Federal Highway, Ft. Lauderdale, was present. Chair Wische read the request. Mr. Figler explained market conditions have driven the developer to delay the project. They had immediately went into permitting after the initial approvals and expected to be finished with permitting within the next 30 to 60 days, with the intent to build immediately thereafter. The construction is typically a 12-month build-out, and for the movie business, they would like to be up by July of next year. IVlotion Mr. Cwynar moved to approve the request for site plan time extension approval for Muvico Theaters and 17,528 square feet of retail space at the former Macy's mall entrance granted on April 19, 2005, from April 19, 2006 to April 19, 2007 subject to all staff comments. Ms. Jaskiewicz seconded the motion that unanimously carried. 8. Other None. 9. Comments by members None. 10. Adjournment Motion A motion was made by Mr. Cwynar and seconded by Mr. Hay to adjourn. A vote was taken and the motion unanimously carried. Meeting adjourned at 8: 18 p.m. 14 ~OTICE OF PUBLIC HEARING George Figler, agent for Muvico Theatres, has requested approval for a Site Plan Time Extension, as follows: Request: Request Site Plan Time Extension for the Boynton Beach Mall to allow for a Muvico theatre complex and 17,528 square feet of retail on a 11.64 acre parcel in a C-3 zoning district. Location: 801 North Congress Avenue, Boynton Beach Mall Legal: A tract ofland located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further described as follows: Beginning at the Southeast corner of Section 19, T45S, R43E; thence N. 00059'39"W along the East line of said Section 19, a distance of 2643.10 feet to a point; thence S89000'21"W, a distance of 60.00 feet to a point on the Westerly right-of-way line of Congress avenue; thence S88005'26"W along the centerline of mall entrance road "D", a distance of 850.00 feet to a point, said point being the intersection of the Centerline of mall entrance road "D" and the centerline of the mall peripheral road; thence SOo059'39"E. along the said centerline of the mall peripheral road, a distance of 189.01 feet to a point; thence S89000'21"W a distance of 22.00 feet to the principal point and place of beginning of the following description: Thence due West, a distance of 169.07 feet to a point, thence due North, distance of 61.00 feet to a point, thence due West a distance of 266.00 feet to a point; thence due North a distance of 320.00 feet to a point, thence N61 004' 12.5"W, a distance of 177.10 feet to a point, thence due North, distance of 25.00 feet to a point, thence due West, a distance of 34.00 feet to a point, thence due South, a distance of 12.50 feet to a point; thence due West, a distance of 39.92 feet to a point, thence due South, a distance of 12.50 feet to a point, thence due East, a distance of 34.00 feet to a point, thence due North, a distance of 85.00 feet to a point, thence due East, a distance of 40.00 feet to a point, thence due North, a distance of 41.59 feet, then due East a distance of 47.47 feet to a point, then N450100'00" E , a distance of 410.00 feet to a point, thence S45000'00" E a distance of 164.12 feet to a point thence 215.82 feet along a curve to the right, having a radius of281.00 feet and a chord of210.56 feet bearing S22059'4905"E to a point thence SOo059'39"E, a distance of 828.43 feet to the principal point and place of beginning and containing 11.64 acres of land, more or less. A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION ON TUESDAY, MAY 23, 2006 AT 6:30 P.M. AND THE CITY COMMISSION ON TUESDAY, JUNE 20, 2006 AT 7:00 P.M. IN THE COl\mJllSSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. r.c, i if'"; \ :l i i I i r--~'-'--'--' ----.- ! . < I ri ; . ULi MAY I 2 2006 '. 1-.........., CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 1 c ; !;/ ~ I !: ; ! \ ~ J \ . ~,,-- L__ ~ I (I ;~ ~~::.:~?'~ ~j T.~ >' D r ~~~~ ~~:_~.:_