CORRESPONDENCE
Breese. Ed
Subject:
ahorne@simon.com
Tuesday, March 15, 2005 9:50 AM
BreeseE@ci.boynton-beach.fl.us
jalbrigh@simon.com; mmazany@simon.com; Thomas_Marsicano@URSCorp.com;
mmariuU@simon.com; Igilmore@simon.com; cweiters@controlsg.com;
rhayes@controlsg.com; MLaVergh@Simon.com
Boynton Beach Mall Exterior Landscape Plans/Code Compliance
From:
Sent:
To:
Cc:
We have been working with Scott Blaise, Code Compliance, and Kevin
Hallahan, City Forester, regarding the Code Violation. At this time we
have an extension from Scott until June 15, 2005. If we resolve this issue
prior to that, we may not go to the June 15 meeting.
At this time we have a preliminary plan for Javeret Street landscape and
irrigation. Kevin H. has seen these plans. We are beginning the
irrigation on Javeret Street any day. I just reviewed the plans and signed
off on the proposal about a week ago. The Javeret project will take
precedence, along with the pine Preserve Project, as Kevin H. has advised.
The pine Preserve will have a new group handling the maintenance that is
more environmentally friendly.
The remainder of the landscape as builts have been reviewed with Kevin H.
and are being revised. They should be ready in about two weeks.
This project will be done in phases:
Javeret St. in 2005 prior to June 15, 2005
The pine Preserve Maintenance in 2005 prior to June 15, 2005
Portions of the Remainder of the Property in 2005 and 2006
Tom Marsicano wanted me to update you on this prior to the City Commission
Meeting this evening.
Andrea K. Horne
Boynton Beach Mall
801 North Congress
Suite 295
Boynton Beach, FL
561-736-7902
Manager
Avenue
33426
1
Department of Engineering
and Public works
EO. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
wwwpbcgov,com
.
Palm Beach County
Board of County
Commissioners
Tony MasHotti. Chairman
Addie L Greene, Vice Chairperson
Karen T Marcus
Jeff Koons
Warren H, Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer-
~ ,....:...~,...I ^" rl'!.,,",.I~1'I ,..~,.,nr
March 9, 2005
Mr. Michael W. Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P.O, Box 310
Boynton Beach, FL 34425-0310
RE:
Muvico Theater Addition - Boynton Beach Mall
TRAFFIC PERFORMANCE 5T ANDARD5 REVIEW
Dear Mr. Rumpf:
The Palm Beach County Tratfic Division has reviewed the traffic study for the
redevelopment project entitled; Muvico Theater Addition - Boynton Beach Mall,
pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County
Land Development Code. This project is summarized as follows:
Location:
Municipality:
Existing Uses:
Proposed Uses:
NW Quadrant of Congress Avenue and Old Boynton Road
Boynton Beach
1,244,449 SF general Retail
Demolishing Existing Macy's (169,510 SF General Retail) and
replace it with 79,500 SF (3,650 seats) Movie Theater.
1,603
Trip Reduction
Trip Reduction
New Daily Trips:
New PH Trips:
Build-out Year:
Based on our review, the Traffic Division has determined that the proposed re-
development project generates less peak hour trips than the existing uses, and therefore,
meets the Traffic Performance Standards of Palm Beach County. No building permits
are to be issued by the City, after the build-out date specified above. The County traffic
concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic
Performance Standards Ordinance. The following is also suggested to the City of
Boynton Beach:
, . Consider implementation of traffic circulation mitigation measures for the links
and intersections in the vicinity of the project site, currently being identified and
evaluated in the "Cemral Boynton Beach Regional! raffic Circulation Study", by
Kimly-Horn Associates, Potential mitigations include providing new turn-lanes,
or extension of storage lengths at exclusive turn lanes at major intersections.
If you have any questions regarding this determination, please contact me at 684-4030,
Sincerely,
O~,~T~E C
/ . / ,
Masoud Atefi, MS
Sr. Engineer - Traffic Division
EER
ill\ ~ ~ ~ \: ~ rn
DEPARTMENT OF DEVElOPM'Nl \
cc: URS Corporation
File: General - TPS - Mun - Traffic Study ReView
F:\TRAFFIC\ma\Admin\Appreovals\050133,doc
FACSIMILE
CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
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If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
TRANSMISSION VERIFICATION REPORT
TIME
NAME
FAX
TEL
SER.#
02/15/2005 06:55
PLANNING
5617426259
BR0L3J876851
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
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MODE
02/15 06:53
91813286658798568
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02/14/2005 15:01 7722214~~7
TC REGIONAL PLANNING
TREASURE COAST REGIONAL PLANNING COUNCIL
301 EAST OCEAN BOULEVARD
SUITE 300
STUART, FLORIDA 34994
PHONE: 772-221-4060
FAX: 772-221-4067
FAX TRANSMISSION
Date: cl- \4.... ~S
Fax Number: S1.o \ '\ 4.~.. ~:l. S q
Number of Pages (ineluding cover sheet):
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Operator: L'L-
To: ~O ~e.S€-
From: \Y\\ ~Q..e.\ ~\.J....S ~~
Project: ~() '1) N\,~ ~~ ~ \ \ D ro...
Comments:
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PAGE 01
02/14/2005 15:01
77222141i1q
TC REGIONAL PLANNING
PAGE 02
February 14,2005
Mr. Ed Breese, Principal Planner
Planning and Zoning Division
City of Boynton Beach
100 E. Boynton Beach Blvd.
P. O. Box 110
Boynton Beach, FL 33425-0310
Subject: Boynton Beach Mall Development of Regional Impact - Notice of Proposed Change
Dear Mr. Breese;
In accordance with the requirements of Section 380.06(19), Florida Statutes, Council has
reviewed the "Notification of a Proposed Change to a Previously Approved Development
of Regional Impact (DRI)" for the Boynton Beach Mall DRl dated December 24, 2004.
The proposed change provides for the conversion of 90,0 1 0 existing gross leasable square
feet of retail to a 79,500 square foot multiscreen movie theater with 3,650 seats. Council
has reviewed the information provided by the applicant and has determined the proposed
changes will not create addition.al regional impacts on regional resources and facilities in
the area.
Regarding potential transportation impacts, the following is a summary of issues related
to the proposed amendments the City should address prior to issuing a revised
Development Order allowing tbe proposed change.
1. Original area to be converted and number of seats for the proposed movie theater are
inconsistent between the values included in the NOpe, the traffic study and the
proposed resolution as presented in the following table:
Nope Traffic Study Proposed Resolution
S.F. of Number S.F. of retail Number of S.F.ofretail Number
retail area of seats area to be seats area to be of seats
to be converted converted
converted
907010 3,650 169,510 3,800 151,982 3,650
"'Bringing Com1l1.1/.nitiel Tl}gttbtr~ . Est. 1976
3.1 E~et Oc.... J1nIlJ~V~Td . !illlt~ ~.. " St..~tt, Flo..ill.. ~4"4
PlI..n.. (HZ) ZZI-"lIi' . ~C U"-4'" . F.." (772) 2Z1-4'" . 8-..i1 - ,d_;.diIte~,.. Drl:
02/14/2005 15:01
772221d"'C,7
Te REGIONAL PLANNING
PAGE 03
Mr. Ed Breese
February 14, 2005
Page Two
Please revise the analysis as needed to correct the inconsistencies.
2. The pass-by percentage used in the traffic study is not consistent with the Palm. Beach
County Trip Generation Rates provided in Page 1 of the Appendix_
3. In order to properly evaluate the NOpe, a copy of the latest approved development
order needs to be provided.
4. A copy of the currently approved site plan is also necessary in order to properly
evaluate the NOpe.
If Council can be of any assistance in addressing concerns in this regard, please call.
Please transmit a certified copy of any development order amendment adopted pursuant
to this notice of change. '
Michael J. Busha, AICP
Executive Director
MJB:lg
Attachment
cc: Roger Wilburn, DCA
Lorenzo Aghemo, PBC
Dan Weisberg, PBC
Randy Whitfield, PBC MPO
Gustavo Schmidt, FOOT
Department of Engineering
and Public Works
EO. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
wwwpbcgov,com
.
Palm Beach County
Board of County
Commissioners
Tony MasHotti. Chairman
Addie L Greene, Vice Chairperson
Karen T Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affinnative Action Employer"
fl:J:J printed on recycled paper
February 10. 2005
I ' '
i L-----__-i
I '
LC'fTj :;nJP;r OF c.:C'JELOP','r ~"ll
Mr. Michael W. Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 34425-0310
RE:
Muvico Theater Addition ,- Boynton Beach Mall
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Rumpf:
The Palm Beach County Traffic Division has reviewed the traffic study for the
redevelopment project entitled; Muvico Theater Addition - Boynton Beach Mall,
pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County
Land Development Code. This project is summarized as follows:
Location:
Municipality:
Existing Uses:
Proposed Uses:
NW Quadrant of Congress Avenue and Old Boynton Road
Boynton Beach
N/A
Demolishing Existing Macy's (169,510 SF General Retail) and
replace it with 79.500 SF Movie Theater.
N/A
N/A
N/A
New Daily Trips:
New PH Trips:
Build-out Year:
Based on our review, the Traffic Division has the foliowing comments:
. Submit a traffic study addressing all county TPS requirements.
. Provide exact information on the square footage of existing uses and what IS to
be demolished.
. Tabulate forecasts of project's new daily, and peak hour trips in one table. The
table should clearly illustrate the square footage of existing and proposed uses,
as well as the rates and quantities of pass-by trips and internal capture,
. The traffic study needs to address traffic conditions during both AM and PM peak
hour periods.
. Provide a test 1 table listing all links within the project area of influence. This
table should also include a column illustrating level of proposed project impact
. Percentage of Passer-by traffic for the retail use changes with the reduction of
the retail space, Also, the 10% internalization of trips between movie theater
and retail is net justified
. Project traffic assignment on Old Boynton Beach F~oad, east of Congress
Avenue is low,
. Both intersections at each side of the project's accessed links on which the
project traffic constitutes a significant impact, must be analyzed under both peak
hour scenarios.
. Provide AM and PM peak hour driveway analysis and evaluate potential need for
exclusive turn lanes.
. Traffic study needs to be signed and sealed by a registered professional
engineer.
. Provide a project build-out date.
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
/
/ ! ."/j .
cc: URS Corporation
File: General - TPS - Mun - Traffic Study Review
F :\TRAFFIC\ma\Admin \Ccmments\050 133 ,doc
~ 02/15/2005 14:59 772221a~67
Te REGIONAL PLt"'''lING
PAGE 01
TREASURE COAST REGIONAL PLANNING COUNCIL
301 EAST OCEAN BOULEVARD
SUITE 300
STUART, FLORIDA 34994
PHONE: 772-221-4060
FAX: 772-221-4067
FAX TRANSMISSION
Date: )- 15-05'
Fax Number: OC,I-7t/;).. - ~;l5'j
Number of Pages (including cover sheet): 3'
Operator: -PeVl v\ 1
To:
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From:
M \ cl1a.e I 8 U..-$ ha..
Project:
80 V Vlt+oV\ fOe.a-.c.l., tJ 0 P c...
Comments:
~ 02/15/2005 14:59
Departmeat of P1amIing.
~lng a lhdJdintl
100 Australian Avenue
West Palm Bellch, FL 33406
(!i61) 233-5000
f"hulfIlng Division 233-5300
Zoning otvlslon 233-5200
Bl,lildil1g Division 233-5too
COde Enli:Jrcement 2:5:;.5500
Contffl.CtOl'$ Certification 233-5525
Mministration Office 233.5005
Executive Office 233-5oo:s
www.pbcgov.com/pzb
.
fIa1m 8eaell CoIQlty
Dqal:'d of eounty
Cammi_lonel'll
'lbny Masilotti. Chairman
Addie L. Greene, Vice Chairperson
XArcn T. Marcus
Jeff KoonS
Warren H. Newell
Mary McCarty
Burt AaronSQ"
County AdminlstmtDr
Robert Wei!lm8n
"An Equal OppoI'tumty
A/Jimtdr,'wt Action P.mp'11lr.r"
@ prmdon ~ pItpG/'
772221t1 "l6 7
TC REGIONAL PLI"" lING
PAGE 02
/~
Y'/
RECE~VEO
FEB 0 9 2G05
TR~;';h"~t :,.,:, ~f:;,[
FlEGIONAL PLANNING COUIIICIL
February 7, Z005
Michael J. Busha, AICP
Executive Director
Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, FL 34994
R~: Boynton Beach Mall DRI.. Proposed Changes to the DRI.
County Planning Division Review
Dear Mr. Busha:
Following is a response from Palm Beach County Planning Staff to the "Notice of
Proposed Change" to the Boynton Beach Mall Development of Regional Impact
(DRI). The proposed request is to convert 90,010 square feet of retail space to l!
79,500 square foot multiscreen movie theate~ with,3,650 seats.
...... '.
:., \ '::, ",..... . .:.~.
. ... ..
The Plar.lning !DiviSion' tft\s: .n07 ~oml1'ret.l~~' ~n"'ee'-'ltIe :proposed-cha'nge tdoes' 'not
exceed 'the, pre.vidlJSry. &1ppravad !ORI-totlit.tMr1';244:4:49, groSSrfeasable.:sq'lierre:feet
andJ1as '\')0 <tiSoomible i~aCl. Or:! \ini~U~~ ~lm';S'~cn COunty, ': i<: ~ >~~,' :'1
The Traffic'Division bf,!the C6unty"S,;En'gineering Depa.rtment had the following
comments: :,: ' '"" : ' ,,-, 't: .~' :' ': .""., '
... "
1. The application ,IS contradictory as to how much existing retail building area is
being replaced by the 79,500 sf Movie Theater. Under the response to
question #5, it is mentioned that "90,01 0 existing gross leasable square feet
of retail" is being converted. ,r.n the response to question #13a, it is
mentioned that the proposed ,nilsolution calls for revision of "the plan of
development to decrease the' .retail use by 151.982 gross leasable square
feet". In the traffic study, however, 'the calculations .show the loss of
"169,510 sf of gross leasable area",
2. It is not clear hOw the 14% pas~-by traffic percentage was derived that was
applied to the retail traffic calculation. Use of the County-approved formula
from ITE yielded 17.1 % pass-by for the current 1,244.449 sf Mail and 20.90/0
.for the 1.074.939 sf remaining retail building area [assuming the traffic study
,', ._ building ~r~a nOrt1bers:~recorreotk:;."",?-,,:: '-.',~,:'.,;', ; .:.< :. .:, :." '.'.'. '.:'"
, ' . ,3:' No') Ct.Jatfge~ritf. p:a;itc;1I1if';spade .,~ i5WihdidSteEJ :]ti fttre. Substantial
. . IDe"'~O'rl Detel"Mil'ra'tiM ~~rt:- "H~aVe~~ht!'fTE Pariting.~"~tib't'j' t;SOK
showS cf\tmtct't hiQher..pal1<iJlg e1eman~:a$sQ~iat~<fwith:m~13656--'seMhncNie
theater than with either 90,010 sf or 169,510 sf of Retail. Although
substantial deviation parking threshtJlds may not be triggered. this additional
parking demand should be taken into consiaeration in redesign of the Man.
~ 02/15/2005 14:59
772221<11167
TC REGIONAL PLt,\' '''IING
PAGE 03
Boynton Beach Mall DR.I
February 7. 2005
4. The traffic study was not signed or sealed by a Professional Engineer.
Please contact the Traffic Division at (561) 684-4030 for additional information on
these comments.
Please contact me at (561) 233~5373 if you have any questions regarding this letter.
Sincerely,
l!?::l~
Planning Director / .
cc: Roger Wilburn, Florida Department of Community Affairs
Susan Miller, Principal Planner
",,#
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" '
February 14,2005
Mr. Ed Breese, Principal Planner
Planning and Zoning Division
City of Boynton Beach
100 E. Boynton Beach Blvd.
P. O. Box 110
Boynton Beach, FL 33425-0310
Subject: Boynton Beach Mall Development of Regional Impact - Notice of Proposed Change
Dear Mr. Breese:
In accordance with the requirements of Section 380.06(19), Florida Statutes, Council has
reviewed the "Notification of a Proposed Change to a Previously Approved Development
of Regional Impact (DRI)" for the Boynton Beach Mall DRI dated December 24, 2004.
The proposed change provides for the conversion of90,010 existing gross leasable square
feet of retail to a 79,500 square foot multiscreen movie theater with 3,650 seats. Council
has reviewed the information provided by the applicant and has determined the proposed
changes will not create additional regional impacts on regional resources and facilities in
the area.
Regarding potential transportation impacts, the following is a summary of issues related
to the proposed amendments the City should address prior to issuing a revised
Development Order allowing the proposed change.
1. Original area to be converted and number of seats for the proposed movie theater are
inconsistent between the values included in the NOPC, the traffic study and the
proposed resolution as presented in the following table:
NOPC
S.F. of Number
retail area of seats
to be
converted
90,010 3,650
Traffic Study
S.F.ofretail Number of
area to be seats
converted
Proposed Resolution
S.F.ofretail Number
area to be of seats
converted
169,510
3,800
151,982
~ , ~ Wi ~ ~ ,W ~ ~ I
! ! FEB . 11) ~ I
"Bringing Communities Together" · Est. 1
301 East Ocean Boulevard. Suite 300 . Stuart, Florida
Phone (772) 221-4'" . SC 2"-4'" . Fax (772) 221.4"7 - E-m ail . ad in
DEPARTMfNT OF OEVEL()PMFNl
Mr. Ed Breese
February 14,2005
Page Two
Please revise the analysis as needed to correct the inconsistencies.
2. The pass-by percentage used in the traffic study is not consistent with the Palm Beach
County Trip Generation Rates provided in Page 1 of the Appendix.
3. In order to properly evaluate the NOPC, a copy of the latest approved development
order needs to be provided.
4. A copy of the currently approved site plan is also necessary in order to properly
evaluate the NOPC.
If Council can be of any assistance in addressing concerns in this regard, please call.
Please transmit a certified copy of any development order amendment adopted pursuant
to this notice of change.
Sincerely,
,-
-;77'" ,
~/')
/;/
Michael J. Busha, AICP
Executive Director
MJB:lg
Attachment
cc: Roger Wilburn, DCA
Lorenzo Aghemo, PBe
Dan Weisberg, PBC
Randy Whitfield, PBC MPO
Gustavo Schmidt, FDOT
Breese, Ed
From:
Sent:
To:
Cc:
Subject:
Breese, Ed
Wednesday, February 09, 20052:14 PM
'Thomas _ Marsicano@URSCorp.com'
'george. figler@muvico.com'
RE: FW: Boynton Beach Mall NOPC dated 12/22/2004
Tom,
Thanks for the reply. Let me know about your progress on the revisions to the traffic
study. As you know, the DRI NOPC is scheduled for the February 22 Planning & Development
Board meeting and I am working on completing the staff report. The public hearing and
resolution are scheduled for the March 15 Commission meeting.
The Muvico Site Plan and Height Exeception are scheduled for the March 22 Planning &
Development meeting, followed by the April 19 City Commission meeting.
Tom, Can you e-mail me a copy of the resolution you inserted in the NOPC, as it will
make life easier for our Legal Department. Thanks! If you have any questions, do not
hesitate to ask. Ed
-----Original Message-----
From: Thomas_Marsicano@URSCorp.com [mailto:Thomas_Marsicano@URSCorp.com]
Sent: Wednesday, February 09, 2005 8:34 AM
To: Breese, Ed
Subject: Re: FW: Boynton Beach Mall NOPC dated 12/22/2004
Ed, Thanks for the County's comments. All of these comments can be
resolved fairly quickly.
Thomas A. Marsicano, AICP
Vice President
Development and Planning Services
URS Corporation Southern, Inc.
Ph. 813 636-2409
Fax 813 636-2499
E-mail Thomas_Marsicano@URSCorp.com
1
Page 1 of 1
Breese, Ed
From: Coale, Sherie
Sent: Wednesday, February 09, 2005 8:55 AM
To: Breese, Ed
Subject: FW: New Muvico Dates
Follow Up Flag: Boynton dates
Due By: Friday, February 11,200512:00 AM
Flag Status: Flagged
-----Orig i na I Message-----
From: George Figler [mailto:george.figler@muvico.com]
Sent: Tuesday, February 08, 2005 5:33 PM
To: coales@ci.boynton-beach,fl.us
Subject: New Muvico Dates
Sheri.
Thank you for your help la/t week.
I would like to confirm the new meeting datel that Eric gave me.
P&D march ttftd at 6:50pm
CC April 19th at 6:50pm.
Are they correct?
Thanlu.
George
George Figler
Senior Project Manager
Muvico Theaters
3101 North Federal Highway
Ft. Lauderdale, FL 33306
954 564 6550
2/9/2005
~~('\
\
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! C\"-l .
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
· Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
February 2, 2005
Mr. Bob Cambric
Growth Management Administrator
State of Florida Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Re: Notification of a Proposed Change
Boynton Beach Mall- DRI - Amendment No.5
(Our Ref. No. DRIA 05-002)
Dear Mr. Cambric,
Please be advised that in accordance with Chapter 380.06 F.S. the City of Boynton Beach has
scheduled a Public Hearing regarding the above referenced Notice of Proposed Change for Tuesday,
March 15,2005 at 7:00 PM. The Public Hearing will be held in City Commission Chambers located
at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
Sincerely,
~
Michael Rumpf
Planning and Zoning Director
cc. Thomas Marsicano, URS Corporation Southern, Inc.
William R. Boose, Boose Casey Ciklin Lubitz Martens McBane & O'Connell
Jim Cherof, City Attorney
S:lPlanningISHAREDlWPIPROJECfSIBB Mall 2005 Amend #5 + MPMDIDRIA 05-002\LTR.Bob Cambric,dot
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.ci.boynton-beach.or
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
February 2, 2005
Mr. Michael Busha, Executive Director
Treasure Coast Regional Planning Council
301-E Ocean Boulevard #300
Stuart, Fl 34994
Re: Notification of a Proposed Change
Boynton Beach Mall- DRI - Amendment No.5
(Our Ref. No. DRIA 05-002)
Dear Mr. Busha,
Please be advised that in accordance with Chapter 380.06 F.S. the City of Boynton Beach has
scheduled a Public Hearing regarding the above referenced Notice of Proposed Change for Tuesday,
March 15,2005 at 7:00 PM. The Public Hearing will be held in City Commission Chambers located
at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
Sincerely,
/. ,~7
~
Michael Rumpf
Planning and Zoning Director
cc. Thomas Marsicano, URS Corporation Southern, Inc.
William R. Boose, Boose Casey Ciklin Lubitz Martens McBane & O'Connell
Jim Cherof, City Attorney
S:IPlanningISHAREDIWPIPROJECTSIBB Mall 2005 Amend #5 + MPMD\DRIA 05-002ILTR.Michael Busha.dot
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.cl.boynton-beach.or
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
February 2,2005
Thomas A. Marsicano
Vice President
URS Corporation Southern, Inc.
P.O. Box 31646
Tampa, FL 33607-1462
Re: Notification of a Proposed Change
Boynton Beach Mall- DRI - Amendment No.5
(Our Ref. No. DRIA 05-002)
Dear Mr. Marsicano,
Please be advised that in accordance with Chapter 380.06 F.S. the City of Boynton Beach has
scheduled a Public Hearing regarding the above referenced Notice of Proposed Change for Tuesday,
March 15,2005 at 7:00 PM. The Public Hearing will be held in City Commission Chambers located
at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
Sincerely,
~
Michael Rumpf
Planning and Zoning Director
cc. William R. Boose, Boose Casey Ciklin Lubitz Martens McBane & O'Connell
Jim Cherof, City Attorney
S:lPlanningISHAREDlWPIPROJECTSIBB Mall 2005 Amend #5 + MPMDIDRIA 05-002ILTR-Tom Marsicano,dot
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.cl.boynton-beach.or
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
February 2,2005
William R. Boose
Boose Casey Ciklin Lubitz Martens McBane & O'Connell
515 North Flagler Drive - 19th Floor
West Palm Beach, Florida 33401
Re: Notification of a Proposed Change
Boynton Beach Mall- DRI - Amendment No.5
(Our Ref. No. DRIA 05-002)
Dear Mr. Boose,
Please be advised that in accordance with Chapter 380.06 F.S. the City of Boynton Beach has
scheduled a Public Hearing regarding the above referenced Notice of Proposed Change for Tuesday,
March 15,2005 at 7:00 PM. The Public Hearing will be held in City Commission Chambers located
at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
Sincerely,
LcJ~
Michael Rumpf
Planning and Zoning Director
cc. Thomas A. Marsicano, URS Corporation Southern, Inc.
Jim Cherof, City Attorney
S:IPlanningISHAREDlWPIPROJECTSIBB Mall 2005 Amend #5 + MPMDIDRIA 05-002\LTR-William Boose,dot
City of Boynton Beach . 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.cl.boynton-beach.or
.~ ,,;
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January 18,2005
Mr. Ed Breese, Principal Planner
Planning and Zoning Division
City of Boynton Beach
100 E. Boynton Beach Blvd.
P. O. Box 110
Boynton Beach, FL 33425-0310
Subject: Boynton Beach Mall Development of Regional Impact - Notice of Proposed
Change
Dear Mr. Breese:
You should have received a copy of the Notification of a Proposed Change to a
Previously Approved Development of Regional Impact (DR!) for the Boynton Beach
Mall DRI dated December 22,2004.
Please provide comments on this project by February 7, 2005. Comments should be sent
directly to Treasure Coast Regional Planning Council staff with a copy to the Florida
Department of Community Affairs. If you have any questions please call.
Sincerely,
~~f\
r
Michael J. Busha, AICP
Executive Director
MJB:lg
Enclosure
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cc: Roger Wilburn, DCA
Kurt Bressner, Boynton Beach
"Bringing Communities Together" · Est. 1976
381 East Ocean Boulevard. Suite 388 - Stuart, Florida 34994
Phone (772) 221-4'" . SC 2"-4'" - Fax (772) 221-4"7 - E.m ail - admin@tcrpc.ore
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UAS Corporation
7650 West Courtney
Campbell Causeway
Tampa, FL 33607-1462
Tel; 813.266.1711
Fax:S13.636.2499
www.urscorp.com
CONFIDENTIAlIlY NOTICE
The InfOlTl'lallon in this facsimile transmission is intended solely for
the slated recipient 01 this transmIssion. If you have received this fax
in error, please notify the sender immediately by telephone. 11 you
are not the Intended recipient, please be advlsecllhal dissemination.
distribution. or COpying of the inlormadon contained in this fax Is
strictly pl'Ohibiled.
01/13/2005 10:04 FAX
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BOOSE CASEY CIKLlN LUBIlZ MARTENS McBANE 0. 0' CONNELL
-JOSEPH L, ACKERMAN, P,A,
LINDA DICKHAUS AGNANT, P,A,
BRUCE G, ALEXANDER, P,A,
JERALD S, BEER, P,A,
WILLIAM R, BOOSE, III, P,A,
JOHN D, BOYKIN, P,A,
-JESSICA 101, CALLOW
PATRICK J, CASEY, P,A,
RICHARD R CHAVES
PATRICIA 101, CHRISTIANSEN, P,A,
ALAN J, CIKLlN, P,A,
ROBERT L, CRANE, P,A,
RONALD E, CRESCENZO, P,A,
KENT B, FRAZER
JEFFREY 101, GARBER
JASON S, HASELKORN, P,A,
CHRISTINE 101, HOKE
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
RICHARD A, JAROLEM
BRIAN B, -JOSLYN, P,A,
GREGORY S, KINO, P,A,
101, DANIEL LOGAN
CHARLES A, LUBITZ, P,A,
JASON C, MAIER
RICHARD L, MARTENS, P,A,
BRIAN 101, O'CONNELL, P,A,
PHIL D, O'CONNELL, P,A,
CHARLES L, PICKETT
MATTHEW N, THIBAUT
DEAN VEGOSEN, P,L,
GARY WALK, P,A,
-JONATHAN WASSERMAN
BERNARD WILLIAMS, -JR,
-JOHN R, YOUNG, P,A,
PHILLIP D O'CONNELL, SR (1907, 1987)
LOUIS R, MCBANE (RETIRED)
OF COUNSEL
W, -JAY HUNSTON JR" P A,
MICHAEL -J, KENNEDY, P,A,
-JOHN L, REMSEN
LEONARD G, RUBIN
515 NORTH FLAGLER DRIVE, STE. 1900
WEST PALM BEACH, FLORIDA 33401,4343
P,O, BOX 4626
TELEPHONE: 156 I ) 832,5900
FACSIMILE' (5611833-4209
January 13,2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Scott Blasie
Code Compliance Administrator
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Bovnton Beach Mall Landscape Code Enforcement Violation #3-692
Dear Mr. Blasie:
Sequel to our correspondence to you dated July 16,2004 and October 14,2004 in regard to the
above-referenced matter, the Boynton Beach Mall ("Mall") has completed preparation of the new Mall
landscape plan and design which is the initial step for the overall upgrade of the Mall's landscape and
beautification program. As you know, these new landscape plans include a perimeter landscape plan on
the west side of the Mall contiguous to J avert Street which was the basis for your department's issuance
of Code Enforcement Violation #3-692.
As a result of the conference call held today with your office, Ed Breese of the City's Planning
and Zoning Department and Mall representatives and design consultants, we will be making a
concurrent presentation of the Mall's proposed landscape plan along with the Muvico Theater expansion
plan on January 25, 2005 before the City's Technical Review Committee ("TRC"). Based upon the
proposed project governmental review schedule, we are planning on having public hearings on the
project beginning February 22, 2005 before the Planning and Development Board and culminating
before the City Commission on May 15,2005.
In light of this governmental approval schedule for the Mall's Muvico Theater expansion and
landscape and signage plan approvals, we would request a time extension of Code Enforcement
Violation #3-692 presently scheduled for the City's Code Compliance Board me' Janua 19,
2005 to a new hearing date of June 15, 2005. If all goes as planned, we should be i ro~~ti@ t~ c~n'W,1 [~ G1 i
I { I ,I ,
II,
I JAN :5 i (' i
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DEPARTMENT OF OFVFI nr>~H ""
"
Mr. Scott Blasie
Code Compliance Administrator
City of Boynton Beach
January 13.2005
Page 2
the Code Enforcement violation citation as a, result of the City's approval of the new Mall landscape
plan which, as mentioned above, will include an upgrade of the landscaping presently existing along the
Mall's J avert Street perimeter.
If you have any questions concerning this Code Enforcement public hearing postponement
request or any of the circumstances surrounding it, please do not hesitate to contact Andrea Home, Mall
Manager, or our office in regard to same. At the present time, we do not plan to be in attendance at the
previously scheduled January 19,2005 Code Enforcement public hearing unless you direct us otherwise.
Thank you for your continued professional assistance and attention to this request.
William R. Boose III
xc: Peter Roy, Code Compliance Officer
Kevin Hallahan, Forester I Environmental Planner
John Albright, Esquire
Andrea K Home, Boynton Beach Mall Manager
Ed Breese, Principal Planner ~
Tom Marsicano, AICP
Leonard G. Rubin, Esquire
Elaine Chandler, Paralegal
CER:~1:\WPDOCS\SimonProp,BBMall\BlasieOI1305,doc\OJIJ3/2005\5' 18 PM
Breese, Ed
From:
Sent:
To:
Subject:
Breese, Ed
Tuesday, January 11, 2005 2:02 PM
Livergood, Jeffrey
RE: Muvico Shared Parking Analysis
Jeff,
Thank you for your review. I think it is right on the mark. The mall management has been a party at every meeting we
have had with Muvico and are amending the DRI and the master plan for the site to accomodate Muvico. Thanks again for
your analysis. Ed
nmOriginal Message-----
From: Livergood, Jeffrey
Sent: Tuesday, January 11, 2005 11:09 AM
To: Breese, Ed
Cc: Logan, Laurinda
Subject: Muvico Shared Parking Analysis
Ed,
I have reviewed the Shared Parking Analysis prepared by URS for the Muvico project received in your office on
January 4, 2005. I find no significant flaws in the analysis. There appears to be adequate parking on the mall site to
accommodate the proposed theater, particularly because the City of Boynton Beach requires a 10% buffer. This buffer
increases the available parking to a number that is greater than industry standard.
However, please note the analysis considers all the parking at the mall site. Therefore, the assumption is that
customers of the mall (and theater) will be willing to seek out the most remote space during peak periods. That space
may not be convenient to their destination. This could be critical around the theater and those specific mall entrances.
Will you have a process whereby mall management gives their blessing to this project?
Jeff
Jeffrey R. Livergood, P.E.
Director of Public Works
City of Boynton Beach
1
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MEMORANDUM
To: File, Attendees
~;g/
From: Tom Marsicano ~t
, .
Date: June 18, 2004
Re: Boynton Beach Mall - Muvico Addition Pre-Application Meeting, June 16,
2004 - Meeting Notes
Following is a summary of key points discussed at the subject meeting. Attendees
included John Albright, Bill Boose, and Tom Marsicano for Simon and the following
City of Boynton Beach staff Members:
Michael Rumpf - Director of Planning and Zoning Division
Ed Breese - Principal Planner
Eric Lee Johnson - Planner
Timothy Large - Building Code Administrator, Department of Development
Laurinda Logan - Senior Engineer, Public W orkslEngineering
1. The meeting began with a presentation of the proposed plan outlining the
demolition of the existing Macy's building and construction of the new Muvico
facility and comparison of the existing and proposed site plans showing the
overall reduction in project size of 62,920 sf GLA. (Based on Simon site plan
DP29- ).
2. Tom Marsicano presented an overview of traffic and parking issues. Traffic will
be shown to experience an overall reduction in peak hour traffic. URS will
prepare a technical memorandum based on accepted ITE trip generation data to
document the decrease in peak hour trips. The City will review and determine if
any additional transportation analysis is required. To accommodate the potential
shortfall in parking spaces, URS will prepare a shared parking analysis in
accordance with the procedure outlined in the City's land development code.
Again, City staff will review and comment as part of the overall site plan review
process.
3. City staff asked about parking spaces dedicated to uses other than retail such as
the existing car wash operation. Any ancillary use will be identified and
accounted for in the shared parking analysis. The location and operational
characteristics of the proposed valet parking operation will also be shown in plan.
URS
4. City staff Advised that this will be considered a major site plan modification and
provided the appropriate review schedule, fee schedule and application package.
5. Mike Rumpf asked if setback requirements would be applicable. We indicated
that that had not been a requirement in any prior reviews. Staff will check and
advise. The answer to this question may effect the final dimensions of the parcel
for the Muvico building.
6. Laurinda Logan asked about platting requirements. After discussion it was felt
that the Muvico parcel could be handled as a lot split which would not require
replat. However, this needs to be confirmed and Laurinda indicated she would
discuss this matter with others in Public Works and advise.
7. DR! status was discussed. Mike Rumpf said he had talked to the director of the
Treasure Coast Regional Planning Council and both the RPC and the City did not
think this redevelopment activity would require any DR! review. The Simon
team was directed to obtain documentation from the State of Florida Department
of Community Affairs to this effect. Our local attorney, Bill Boose will lead this
effort. Tom Marsicano will assist.
8. Based on the schedule information provided we will try to meet the July 14, 2004
filing deadline which will result in a final hearing October 5, 2004. Copies of the
schedules and application information provided is attached for Simon team
members use.
9. John Albright discussed Simon's concerns regarding project signage for the mall.
The City staff agreed that the project appeared to be somewhat under-signed.
URS will conduct an initial review of the City's sign regulation s and recommend
potential changes to increase sign area and visibility.
10. John Albright indicated that our plan was to open the Muvico theater in about one
year or approximately June, 2005.
If any of the attendees have any additions or corrections to the above information please
contact me as soon as possible.
CC: Attendees
Bill Ranek, Simon Property Group
Elaine Chandler, Esq.
."
.......
BOYNTON BEAcH'. MALL'
DEVELOPMENT "AGRE~MENT
.,-... .
'.
'Soynt,on B~'acb'l . Inc. is,. ,th~ awpar of certain real. ,property. here;i.,nafter'
'ref,err~d 'to ,a~ .th~ ~.I'p'rop'~rt.yi1 , situated :in: the, -Gi t'y' of' 'Bo.yn:f;on Beach" '
pa:lm Beach'- Co1in,ty', :flor.ida: and sh6wn on Exhibit "A'" and 'more Particularl1
des'cri'b~d'in',~xhibit 'uA..;.,l.", attached hereto.
Boyi1~()n Beach, Inc. (-Owner) and' the, 'C.i ty of Boy;nton, Beach (City) hereby,
ag~ee tha~ ~he property wjll be dev.eloped in ba~ic conformance with, the,
drawing~,," spe,cifications; dqcume:!lts, etc., liste'~ on Exhibit "B II, 'and'
the,' f"ollbwing ,term~, cond:i, tions, ' requirements, etc.:,
Section 1
Zo~ing
C-3(Commimi-ty Commere~alJ will permit development of 'the regippal'
m(l11 ... 108.30 acre's 'in, ,accordance with the drawings, 'specifications..
etc., set forth on', Exhibi~ liB". '
'No variance's. speCial exc~ptions, et'c.,. will be required to' permit "
tlie development, of th~, re,gional mall as shown, qil. tpe drawings,
,specifications, etc", listed On. Exhibit "B" with the exception
, 'of the follo~ing:
Parking Lot aeguLations.
--
, ,
Bectlon, 5-,141(d) - ELimination, of the, r.eq,uired concrete, c"Q.rb stop.
Section 5-141(k), - Elimina'te, the require~' double line pa,inted ,strips.
. Zoning Regulations
, , ,
Section 4(L) - Eliminate require4.construction :of a 6' maaonry'
w'all along west boundary between Old Boynton Road' and the drainage
canal. '
'Section 2
Development of Re~ional Impact (DR!) ,
The "property'! will be develop~d in accordance w.i th the Development"
Order" pursuant to : Section, 380.06 (14),(e), Florida 'Statutes, .'
incorporating the provi$ioris of Palm Beach County Resolution,
. , No.R-74-'343, aeopy of'which is aftached hereto a~ Exhibit "C".
.J( -Section 3 .... ~
Platting.&'Subd-ivision
: ~il 'accordanc,e wi. th the defi;ntion 9~ the, term' tI sub di vision'" as con-
' ta1ned ;i.n' the City of Boynton. Beach Cod~ regUlating SUbdiviSions"
.' the City ',agrees',:t'hat. the propos'eddivis.ion. of' land as set forth, .
in'the pHm','attached.hereto a:s 'Exl1ibit' ".'D'" will not:'be deemed a'
: subdiv.isi,on. within the m~aning of the Cit.y Code' under the following,.
coridi tions : '. .' . . , '1 , '
'a.. Any d,:1vision of the: subject property will resu;J. t in all parcels,
of. land being, more,' than five (5) acres'in area."
, 'b.Divis;ton 'o! the ,subje~t property "ill i1~t" in and of, itself 1
involve 'any, ,changes ,in.. street lines or public easements' of
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Subdi visiOlf, (c~n1: I dj
No c~r.ttfic~te of bceup~ncy will be', iss~ed for a~y, building,
connecte~, with' the ,'Ii.all prior "to dad'ieat'ion of the" Imblie' .
eas~ments' to the' City.
Based'on, the, condition$ set fprth above, it is agreed, that a sub-
diy1'sion :plat wi'll' not' be 'requt~ed' for t'pe .regioIi~1 mall 'tract .'
(IO~. 30 8.0:)' and for,,'par~el #,2, (T.87 ac,.) and .par,cel #3 ('6.'54 ac.)
and that 'the s~leof (1) 'any and all p,arcel$ .within, ,tlie' re,gtonal
~all tract to the various 'departm~nt stores and (.2) pa.rcel #2 and,
. ,#3 can' be cOIiveyed by metes'an4 bounds description only. .
, ,
'It' is further agreed ~hat g:j.ven ,the condtions' set forth' above, 'the,
: subdivision. regula,tions of the City' of Bo'ynton,'Beach will not apply
to this "property." , .
.' Section' ,4
Off~Slte.lmpr~vements ,
Off.;.site' (beyon4 the boundary limits, of 'the "property',,) improve~
ments for the devel'opmEmt' of, the regional mall 'as shOwn on
SP-l and SP-2 ',and' parcel #1,- #2,. #.3 and #4 will be limi te:d to
,the following: .', ' : ' .'
, a. Highway & A,cce-ss
1. Connector. road, between New ~b nton <Road' SR 804) and
Old Boynton "Road (BoyntoD",'Wes,t Road , .opposite' !Qal.l
entran,c'e ,liB". ' . . , ,.. ,
:
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'rhe Owner.uI:1der ,an'agre~ment' wi."th'Wil~iam "Winchester,
the Owner of the property, b~tween Old'Boyriton Road' ang
N~w Boynton Road (SR 8n~o, will, construct a four (4) ,
lane ;ro~dway wit'h: median and'separa.te lef,t turn. lanes
between ~all' entrance, "a".,on 014 '1~QyIitQn Ro~d' to ,an.
. intersection with New,Boynton Roaq -(SR 804), approx,-
imately 1037 feet' west, of 'Congress . 'Ave . . This roadwa:y
will be constr~cted to Palm 'Beach County s~andards
and will be de~i.cated to Palm Beach- County upon' '
completion and acceptance of construction. The cbn~
str~c~ion will' be limited to roadway. (including striping,
and"f;ligning) 'and' drainage improvements op,ly.
Signalization at the intersection of. the connector road
and' New Bovnton :Road .(SR804) 'and the connecto,r road and Old
Boynton Rd. (En't. "BU) will 'be installed by ,Palm Beach'County
per 'Section 5h)li) and 5h)iii) of', the "Agreement for .
'roadway improvements" dated December 22, 1981 between
Palm Beach, County,. Homart-Boynton Associates, 'and the
Edw~rd J .D~l3artolo Corporation attached hereto as'
ExhJ.bi t liE"'.
~'~:, Old-:'Bayn~on' Roa~, (Bo'ynton West Road)
The' ttOwner".'Wtll construct the fOllowing improvements
on Old Boynton' Road in. accordance with ,Section 2 b) .
,and, 2' c) of'.the,"Agreement'for Roadway Improvements"
(EXAibit "E"):
At the interse'ction of OldB'oynton' Road :arid Mall Ac'cA~R '
'-
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 3, 1998
an estimated annual expenditure of $100,490 (Renewal period: 4/1/98 to
3/31/99)
2. Approving Roads & Street's request for street resurfacing, piggybacking a
Palm Beach County Contract, Bid #98051 ANNUAL ASPHALT MILLING
AND RESURFACING CONTRAcr, to Ranger Construction Industries, Inc.,
West Palm Beach, Florida, in the amount of $211,960
3. Approve award of "TWO YEAR BID FOR HYDRAULIC CYLINDERS AND
VALVES PARTS AND REPAIRS" - BID #03S-501-98/SP to Construction
Hydraulics, Inc., of Lake Worth, Florida, at the shop hourly rate of $35.00
per hour for an estimated annual expenditure of $12,000
C. Resolutions:
1. Proposed Resolution No. R98-41Re: Authorizing Addendum No.1
to the lease agreement between the City of Boynton Beach and J.C.'s
Food Service Concession
2. Proposed Resolution No. R98-42Re: Authorizing the acceptance
of the final plat for "Grove Plaza"
3. Proposed Resolution No. R98-43Re: Authorizing the acceptance
of the final plat for Via Lugano
4. Proposed Resolution No. R98-44Re: Supporting a Beach Funding
Bill HB 3427 & SB 882
5. Proposed Resolution No. R98-45Re: Approving the reallocation
and distribution of $165,194 of State fiscal year 1996 federally funded
Drug Control & System Improvement Formula Grant Program funds for
the projects within Palm Beach County
6. Proposed Resolution No. R98-46Re: Authorizing and directing
staff to apply for the 1998/99 Children's Services Council Grant in the
amount of $43,672 for the Boynton Beach Latchkey Afterschool Program
D. Ratification of Planning a. Development Board Action:
1. First United Methodist Church - 101 North Seacrest Boulevard-
Request for variance from the City's LDRs to allow a 24.2 foot reduction
of the required 40 foot front setback (a 15.8 foot setback)
2. Boynton Beach Mall - 301 North Congress Avenue - Request for
zoning code variance to reduce the number of parking spaces from 6,195
to 5,553 (a ratio of one space per 200 square feet of gross leasable floor
6
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 3, 1998
space to one space per 222.225 square feet of gross leasable floor space
in connection with construction of 122,733 square feet gross leaseable
area for a department store "F" (proposed Dillard's) and 53,000 square
feet (gross leaseable area) for a future third floor at Macy's department
store
3. Grand Park ALF of Boynton Beach - Southwest corner of SW 13th
Street and Golf Road - Request for site plan approval to construct a 105
bed assisted living facility on a 4.69 acre parcel of land
E. Approval of Bills
F. Approve Facilities Management's request for "supply and install"
replacement air condition ductwork from Smyth Air Conditioning, Inc.,
Lake Worth, Florida, in the amount of $17,744
G.
Approve the Utilities Department request to piggyback the Palm Beach
County contract for reconstruction of approximately 2,400 feet of
sanitary sewer lines in the easement areas of North Seacrest Blvd.
Between the C-16 Canal and Hypoluxo Road, and award this bid to
Insituform Technologies, Inc. in the amount of $118,622
r-- ,
H. Approve Change Order #2 to Purchase Order #15943 for D&J
Industries, Inc. in the amount of $33,262.45, bringing the total to
$260,267.41 for the Pistol Range Abatement Project
Item "H" was removed from the Consent Agenda for discussion.
Motion
Commissioner lillman moved to approve the Consent Agenda with the exception of Item "H".
Vice Mayor litcomb seconded the motion that carried unanimously.
ITEM FOR DISCUSSION:
If, Approve Change Onler #2 to Purchase Onler #:15943 mr D&J
rndustries, rnC. in the amount 0'$33,262.45, bringing the total
to $260,267.4:1 mr the Pistol Range Abatement Project
Commisioner Jaskiewicz expressed concern about the amount of money being expended on this
project that might present ongoing mold and mildew problems in the future. She reminded the
Commissioners that there was agreement long ago that they wanted appropriate contract
amounts at the time of approval and would not tolerate change orders. This project is costing a
tremendous amount of money and the City will still have an old buildIng. She questioned
whether it would be more appropriate to bulldoze this building and construct a new building
with these funds.
7
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PLANNING AND DEVELOPMENT BOARD MEETING
IIHI!r! I HIli I ifilll'I' fl;W II If J:rJ ~,i; VL I/,.il, (f J/[ I' 11/' 'IJnIr I'IIPJ!) II IIi
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PRESENT
Lee Wische, Chairman
Tambri Heyden, Planning & Zoning Direct r
Jim Reed, Vice Chairman
Michael Pawelczyk, Assistant CRy Attorne
Stan Dube
Mike Friedland
Maurice Rosenstock
Steve Myott, Alternate
Jos eAguila
ABSENT
Pat Frazier
1. PLEDGE OF ALLlEGIANGE
Chairman Wische called the meeting to order at 7:05 PM. The Pledge of A egiance to
the Flag was recited.
2. INT~OOUCtION OF$TAT,EREPRE$ENTAtIVE A.ND DIRECTOR OF
DEVELOPMENt FROM AUDIENCE.
Chairman Wische introduced the members of the board, Attorney Pawelc yk and the
Recording Secretary, and acknowledged the presence of State Repres ntative Bill
Andrews and Director Kastarlak in the audience. (Mayor and Mrs. T lor arrived
approximately 7:20 and were acknowledged by Chairman Wische.)
3. AGENDAAPPROVAL
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PLANNING AND DEVELOPMENT BOARD MEETING
LL~ No additions, deletions, or corrections were made to the agenda.
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Motion
Mr. Dubemoved to approve the agenda as submitted. Mr. Aguila seconded th motion,
which carried unanimously.
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No additions, deletions, or corrections were made to the minutes of the last m
Motion
'....
Mr. Dube moved to approve the minutes of the Janl;lary 27, 1998 meeting as ubmitted.
Mr. Myottseconded the motion, which carried unanimously.
5. COMMUN1CAtlONS'AND :/tNNOONCEMF:Nl'$
Ms. Heyden reported the following: Two of the five items from last meeting ave gone
through the City Commission process; the other three will be goingl'uesday ight
The two that have been finalized are the Shoppes of Woolbright PCD M ster Plan
Modification and Shoppes of Woolbright ~ Home Depot Expo Design Center. Both were
approve by City Commission subject to comments from this Board. M. Heyden
reminded the bpard of various issues that had been previously discuss such as
replatting, PCD subdividion, etc. In 'further discussions with the appli ant, exact
information on, subdividing this property was achieved. They will be cobining the
Home Depot parcel with the Expo Design Center. Regarding the control iss . es, staff is
requiring revised control documents (hdwto maintain building, design standa ds, etc.).
Ms. Heyden announced that the March meeting will be, held on ednesday,
March-11, -1998 in West Wing, Conference Room C.
Ms. Heyden had distributed handouts to the Board, including the agenda for special
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PLANNING AND DEVELOPMENT BOARD MEETING
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meeting on Thursday (workshop). She encouraged Board members to "ttend this
meeting.
Mr. Rosenstock suggested in the future that when regular meeting dates
changed that Ms.' Heyden consuJt With members of the Board to' asc
availability.
6~ OLD BUSINESS
None
7.
NEW al.JSINS:SS
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Zoning Code Variance
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Owner:
Location:
Boynton JCP Associates, Ltd.
301 N.Congress Avenue
Description:
Request for a zoning code variance to reduce the numbe of
required parking spaces from 6,195 to 5,553 (a ratio of on (1)
(1) space per 222.225 square feet of gross leasable floor pace in
connecti'on with construction of department store "F" (prop sed
Dillards) ).
At this time, Attorney Pawelczyk swore in all those who planned to testify on ny item
on the agenda this evening.
Chairman Wische opened the public hearing.
9
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PLANNING AND DEVELOPMENT BOARD MEETING
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Mr. Tom Sliney, Attorney for the owner of the Boynton Beach Mall address the Board
and .reiterated the request for a zoning: code variance as det~iled above"H reminded
the Board tha,t the City Commission hadprevio,usly ;8:PProV-ed the developm nt plan for
the remain,ir)g departm'entstores at the mall, including the parking g rage. He
intro~u,ced members of the audience ,^,ho were con'rieGted with the develo ment, and
detailed some rea;sons the,applicapt wa$Jequ~stingthe vaJianceanp whyi should be
approved. He said the main reason wast,hat the parkinggaJags wo.uld not be ,needed
and there, was,pl~nty of' parking :spaGe~.!:md., that the ,existing ratio of 1: 00 was an
excEl~sj\{~ [equirern~nffpr~l mall'9f tl1i~ ::;i?;e', 'Jie: also m~ipJ'le~l 'econo'ic 'benefits
COi:m~tep~ti1;; thErp~w Dmard~, ,i~c~udjng;~~$~ep valuati.on: amt Citysals tax. He
said,tneownetwo,uld notw;:mt;tomake,itdiffiGultfur people'topark.'
Mr. Sliney, compHmen~ed,and thanked tne' city s~?iffJor ~hei,r ~ejp ,and assist, n~ on this
proj~t. Mr..... Sljney' th@nfnt~oc;f,ucedMr; ,Tirnpthy :Daley~ 7;908 Westfield Soulevard,
Indianapolis, IN 'who ~howe,d pictur~s,6f!ithe'prQPos~d,'DiHa1:p's, Depart;men Store and
the propo.sed par.king area. ,He ~xp'~i~d how,tJ,~,~OP0$~~"parkingare would be
consfruct~d, and th~t there wo~ld 'b~ ample pa~ing available. . He. pr-esented
back~round inforTnation ,on Dm~rdsa(ld' how ,the Pt6~0~ed'store would e ha'nce the
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At this point, Chairman Wische introduced Mayor and Mrs. Taylor
Mr. Daley then introduced Mr. Tom Marsikano, of Tampa Florida, PI nner. He
mentioned his assQciation with the Boynton Beach Mall. He spokeabou how other
parking areas in Florida have been evolving over the years, and how today' standards
are different.
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Chairman Wische then invited the public to address the Board.
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Mr. Frank Vito, 3545 Old Boynton Road expressed his concerns about I sing more
property space, and off-street parking. Mr. Aguila explaineq that the ter "off-street
parking" as mentioned in a letter Mr. Vito had received was confusing, nd that it
referred to a chapter. The Board assured Mr. Vito that no off-street p rking was
involved with this project.
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~' There being no. other persons from the audience who wished to address he Board,
. '~' Chalrrnan Wlsche cloSed the public hearing, and opened the meeting to cOm ents from
~ . the Board.
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Mr. Dub easked how other retail stores felt about the reduction in parking pace. Mr.
Daley replied that they were in the process of modifying the REA, and wer in contact
9
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PLANNING AND DEVELOPMENT BOARD MEETING
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~ with the other stores in order to come to an agreement with them.
Mr. Freidland referred to page 12 of the handout, and mentioned that
problem with tneproject and that he would endorse it. Mr. Reed 'agreed, but was
concerned about the zOhin:gcodes. ChaIrmanWische read page 3 ofthe ha dout, and
a brief discussion was held' with further input from the previous speakers.
Mr. Myott asked about further expansion and prc:>posed renovation of the all. Mr.
Daly mentioned the mall would undergo renovations in 1$9~., and detailesome of
them for the Board. He also mentioned 'that Macy's has th~ legal right to eand toa
third I'evet and thaflhe par~irtg variance will GQver'fhe :expansJOh<shouJditbcc r.
MOTION
Mr. Dube moved to approve the request for a zoning code variance to 1'1 duce the
number of required parking spaces from 6,195 to 5,553 (a ratio of one (1) pace per
200 square feet of gross leasable floor space to one (1 ) space per 222.225 's uare feet
of 'gross leasable floor space in connection with construction of department store "F"
(proposed Dillards)). (A brief discussion was held 'on the motion' regardi zoning
codes, but :no amendment was added ,to this motion). Mr~ Aguila seconded th motion,
which carried unanimously.
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a.SITE: PLANS
New Site Plan
Owner:
Location:
Norman J. Michael, Milor Corporation
Southwest comer of SW 13th Street and Golf Road
Description:
living facility on 4.69 acre parcel of land.
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Mr.. Gre~ory Miklos, Appt~nt~ Mik~os & AssOl:i~te~, .2263 NY" BOynlOnJOulevard
addressed the Board. ChaIrman Wlsghe as,ked Mr; "Miklos which staff com ents he
was in ?gr~eroen.t.with, 'andHwhiCih ones he needed to clarify or discuss. In r gards to
Item #21, 'Mr. Miklos8sked if the city wanted them to finish pavingthe'c t-cl~sac.
Ms....:Heyden answered yes, that it was a city requirement that anyunirn,prov dstreet
abutting, prQper:ty(:qEj}lng'deveJQP~d m~st: be completed' (~\lValeinstaU~d~ :$0 ed and
paved).'MirMikros agree(fto comply. '.',.
Mr. MiKlos:thEmaskeq, in ,regards to Item #23 mentioned in a prior meetin that he
belie\l~d,it,'t/I{a~ ,agre~d:th?the wasn't going to stripe the road, butpaintthecb in lieu
of,gtriping~ Ms. Heytteri agreed.
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In re.gards to #45, Mr. Miklos said he would provide colored elevations of all sides of
buildings 'as ,stipulated.
Chairman Wische ;opened the public hearing at this time. Mr. Peter Ryland of 1311
8""-49 AV~li1ue adpressed ;the Board. He was concerned about the proposed building,
and felt itwqs very I*ge in'comparison to the surrounding area.. Mr. Ryland xplained
that a'!l, obJ~ction was voi~d alqng with a gro!-lp of. petitioners who stated that this
proposed byilding ~as not ~m AC.LF.He also spoke of the usage that includ d higher
levels of nursing c;tn9 staffing" medical waste pickups etc. He was also c ncerned
about po~e;ntial, tnicks and noise on the peripheral road along the canal. He also
mentione~:r objections to fencing. Chairman Wische thanked Mr. Rylan for his
comment$,and closed the public hearing.
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The Bda~dspoke, briefly about various issues, including the fact that the facili was in
fact an.ACLF.and :th,at nothing :thathadalready been proposed and agreed u on was
being', chang~d. Mr. Aguila saiq:! he felt residents would be better protected b a solid
Wall. The applicant h~d agreed 10 all court ordered recommendations.
MOTION
Mr. Aguila moved to approve the request for site plan approval to construct a
assisted living facility on 4.69 acre parcel of land on the Southwest corner of
Street and Golf Road, including the revised comment #45 and with the clarifi tion on
comment .#23 instead of the yellow diagonal striping with the words "E ergency
Vehicles Only" in the loading zone area, that the applicant would provide a pai ed curb
and appropriate signs. Mr. DUb eseconded the motion, which carried unanimo Iy.
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PLANNING AND DEVELOPMENT BOARD MEETING
8..
OTHER
None.
9. COMMENTS BY MEMBERS
None.
to.ACkJOU~NMENT
There being no further business to come before the Board, Me Rosenstoc moved to
adjourn: the meeting at 7:45 PM. Mr. Friedland seconded the motion wh h carried
unanimously.
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Hoos~~ CASEY CIKLIN Luane-,
NtI\H.TEj'i~ JVlcBANE & O'CONN.ELL
515 Nnrth Flagler Drive - Suite 1700
V/e~t Palm Beach, Florida 33401
Phon~: (561) 832-5900
FEX; (561) 820-0381
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'f:.ff' INrO".Mf','-O'" CONiA!NED IN THiS FACSIMIl.e MESSAGE IS ATIORNEY PRlVILEGEO ANn CONFlDE:NllAL (NFORtMTION
i~;f!';~DfJ; ONLY fORTI-mUSE (')1: THE iNOIVIDU,.!,l OR ENTITY NAMED ABOVE. IF THE RE.<tn~~{ OF'Ttfl,S MESSAGE I..'=l N,OT tHE
f?,f",i:>.lr:.;!D ~!;;CiP!cr~T. vau A~F. Kl:iRiS'f NOYfFleO THAT ANY DISSEMINATION, DI,~TF(t3\.rm;H~ (iF!. C:O?Y OF THIS
':::;~P,'?I!UU~\T1QN IS STFm>n.. Y PRQHISIT5;!.l. IF YOU HAVE RECEIVED THIS COMMUNiCA nO/,lIN ERROR, PLEAse IMMEDIATELY
r,!:T<:~ US eN lE!"E;PY10NfZ ''''if:> RET~JRN THE ORIGINAL MESSAGE TO US AT THE MsrUi:: ADflRESS VIA THE U.S. POSTAL
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05/10/~:rJ8<1 :1.2: 32
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BURDINES
SEARS (INCLUDING
JCPENNEY
DILLARD'S 'A'
DILLARD'S 's'
MACYS
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PROPOSED
MUVICO
RETAIL A '
NEW GLA
LESS EXISTING
MACY'S
TOTAL GLA
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'i61~742
132,812
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122;733
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SPACE/1000 SF' OF GU,;,~.32
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SECTIbN 18, TWP. 45S, RANSt 43E
a.
SECTION 19, TWP. 45S, RANGE 43E
ADDRESS HEARD REQUEST
ON
11/8/82 Elimination of requirement to construct a
Denied 6' masonry wall (See 4(L) Boynton Beach
Code of Ordinances)
Boynton Beach Mall
David Pressly, Agent
1701 N CONGRESS AVE 9/14/87 Replace wall with hedge
Denied Walboyn Development Corp.
CATAUNA LAKE DR 9/12/88 Eliminate required buffer wall between
Denied PUD & C-3
Walbovn (Gerulaitis Tennis)
CONGRESS AVE & NW 22ND AVE 6/11/90 Reduce parking spaces
Granted American Development Corp.
1799 N CONGRESS AVE 7/13/92 1. Increase max # of freestanding signs
DENIED allowed along Congress from 1 to 3
2. Increase maximum allowed sign area
3. Reduce min. setback for the 2 new
signs
McDonald's Corp.
2309 N CONGRESS AVE 6/20/94 Increase the 4' max. fence height to 6' for
DENIED the purpose of installing a fence along a
portion of the Congress Avenue frontage
between the front line and the bldg. Une
of subiect property
1301 N CONGRESS AVE 12/9/97 Increase sign size from 150 sq. ft. to 187
DENIED sq. ft.
Canterburv Realty
CONGRESS & SANDALWOOD 12/1/97 Increase fence & sign height
Approved Gene & Glick Mgmt.
Cases 242 & 243
801 N CONGRESS AVE 2/10/98 Reduce parking spaces
Approved Boynton Beach Mall
SW CORNER OLD BOYNTON RD 12/8/98 Conditional Use Approval
& WINCHESTER PARK BLVD Approved Steak & Shake
SW CORNER OLD BOYNTON RD 12/15/98 Parking Lot Variance - Reduction of 89'
& WINCHESTER PARK BLVD Approved from required 180' min. driveway distance
\\CH\MAIN\SHRDATA\CC\WP\Indexes\Variance Log\SECTIONS 18 & 19, TWP 455, Range 43E.doc