LEGAL APPROVAL
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
Motion
Vice Mayor Jaskiewicz moved to amend the land use from moderate density residential to
office commercial, and to rezone from R-1, single-family residential, to C-1, office
professional. Commissioner Tillman seconded the motion.
Mayor Taylor shared Vice Mayor Jaskiewicz' view. He said we have been waiting a long
time to see that corner improve. He hoped this will do it and that whoever takes it over
maintains it.
The motion carried 5-0.
D. Project:
Location:
Description:
Boynton Beach Mall Department Store F
801 Norttl Congress Avenue
PARKING LOT VARIANCE: Request for relief from City of
Boynton Beach Land Development Regulations, Chapter 23
- Parking Lots, Article II, 1.1. - Parking lot layout, to reduce the
back-up space from 27 feet to 25 feet for two-way parking on
both sides of access aisles on each of the two levels of a
proposed parking garage and reduce the length of parking
spaces that abut the perimeter of the two levels of the
parking structure from 18 feet to 17.25 feet
Mac Conahan represented the applicant. He stated that the initial variance that was
requested was not acceptable to the city staff, but staff worked with us and provided
suggestions, and the applicant is now requesting what staff recommends.
Ms. Heyden gave a summary of what Jhis entails. The access aisles or traffic ways where
you have parking on either side, require 27 feet. The applicant is short 2 feet on the
access aisle where the ramp is connecting the two stories. The applicant is also short 2
feet on the access aisles on the ends of the building. Our parking lot regulations also
require that our parking spaces be 18 feet deep. The applicant is 8 inches short of that 18
feet on all the parking spaces around the perimeter of the structure. Staff recommends
that the walls of the parking structure be pushed out 2 feet 8 inches on the north and south
walls and that the east and west walls be pushed out 8 inches. So essentially, the first part
of the variance goes away. Regarding the access ramp and the 2 foot shortage on the
access aisle, staff recommends that the 2 foot shortage be eased by allowing a shortage
of 1 foot on each of the access aisles ncrth and south of the ramp. Mr. Conahan agreed
to this.
24
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
No one in the audience wished to address this item.
Mr. Hukill said staff was greatly concerned about parking on the slope, which is 17 feet
vertically for a 150 feet horizontally. This is a more than 10 percent slope. Staff's concern
was that if you park there and try to back out, you will have a very bad sight line due to the
corners, the ramp slope, and the transitions. Mr. Conahan agreed to the 10 degree
condition.
Motion
Commissioner Titcomb moved to approve the parking lot variance, agenda item VI.D. ,
subject to staff comments. Commissioner Bradley seconded the motion, which carried 5-0.
VIII. DEVELOPMENT PLANS
D. PROJECT:
AGENT:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall, Department Store F
CormacC. Conahan, Esq., Hodgson, Russ, Andrews, Woods
& Goodyear
DeBartolo Properties Management, Inc.
Boynton-JCP Associates, Inc. Ltd., a Florida limited
partnership
801 North Congress Avenue
MAJOR SITE PLAN MODIFICATION: Request to amend
the previously approved site plan to construct a 162,502
square foot department store with parking structure
Mr. Conahan represented the applicant. Also present was Rod Vosper of DeBartolo
Properties. Mr. Conahan said the applicant is generally in agreement with the staff
conditions. He worked with the City Forester this afternoon regarding some landscaping
issues and has come up with language that addresses three conditions. The other two
items that needed to be addressed tonight are the issue of the arch height and the issue
of parking stops. The remaining conditions are acceptable.
City Attorney Cherof asked him to identify the number of the conditions that are not agreed
to. Mr. Conahan hoped that condition 17, paragraph 1 of condition 19, and condition 24
will be addressed by replacing them with the proposed language set forth in his letter which
was distributed to the Commission. (This letter is attached to the original minutes on file
in the City Clerk's Office.) The wheel stop issue is number 10, and the height issue is
number 37.
25
NOTICE OF PUBLIC HEARING
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! UL!! U W 1 4 1996 I L:.J
I
PLANNiNG AND
ZONING DEPT.
NOTICE IS HEREBY GIVEN that the CITY COMMISSION of the CITY OF
BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, May 21,
1996, at City Hall Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach, to consider an application for a PARKING
LOT VARIANCE on the following described property:
Applicant:
Agent:
Owner:
Location:
Variance
Requested:
Nature of
Variance
Requested:
Legal
Description:
DeBartolo Properties Management, Inc.
Cormac C. Conahan, Esq.
Hodgson, Russ, Andrews, Woods and Goodyear
Boynton-JCP Associates Ltd.,
a Florida limited partnership
Boynton Beach Mall; approximately 850 feet
west of the intersection of Old Boynton Road
and Congress Avenue
Relief from City of Boynton Beach Land
Development Regulations, Chapter 23 - Parking
Lots, Article II, 1.1.
I. Parking lot layout.
"1. Dimensions. Parking lots shall be
designed to meet or exceed the
dimensional requirements for stalls,
driveways and access aisles as
provided for in city standards."
Reduce the back-up space from 27 feet to 25
feet for two-way parking on both sides of
access aisles on each of the two levels of a
proposed parking garage and reduce the length
of parking spaces that abut the perimeter of
the two levels of the parking structure from
18 feet to 17.25 feet. The request is in
connection with construction of a two level,
above grade, stall parking structure having
approximately 680 parking stalls, for the
Boynton Beach Mall.
A tract of
Township 45
Palm Beach,
follows:
land located in Section 19,
South, Range 43 East, County of
Florida and further described as
Beginning at, the Southeast corner of Section
19, T45 S, R43E; thence N 000 59' 39" W along
the East line of said Section 19, a distance
of 1898.10 feet to a point; thence S 890 00'
21" W, a distance of 60.00 feet to a point on
the westerly right -of -way line of Congress
Avenue, said point also being the principal
point and place of beginning of the following
description:
Thence S 880 05' 26" W, a distance of 846.73
feet to a point; thence S 430 32' 54" W, a
distance of 57.02 feet to a point; thence S
000 59' 39" E, a distance of 258.27 feet to a
point; thence S 160 46' 44.2" E, a distance of
199.60 feet to a point; thence S 000 59' 39"
E, a distance of 102.20 feet to a point;
00 51' 5111 W, along the North South 1/4
Section line of said Sectipn, a distance of
35.00 feet; thence N 870 58' 2111 E, a distance
of 20.00 feet to the principal point and place
of beginning of the following description:
Thence continuing N 870 58' 2111 E a distance
of 20.01 feet to a point; thence N 00 51' 5111
W, along a line 40.00 feet East of and
parallel with said North South 1/4 Section
line, a distance of 1191.23 feet to a point on
the South right-of-way line of Boynton Canal;
thence N 880 05' 26" E, along said South
right-of-way line, a distance of 432.99 feet
to a point; thence S 00 05' 2611 W, a distance
of 145.00 feet to a point; thence 293.22 feet
along an arc to the right, having a radius of
420.00 feet and a chord of 287.30 feet bearing
S 200 05' 26" W; thence 294.96 feet, along an
arc to the left having a radius of 325.00 feet
and a chord of 284.94 feet, bearing S 140 05'
26" W; thence S 110 54' 3411 E, a distance of
70.00 feet to a point; thence 234.57 feet,
along an arc to the right, having a radius of
320.00 feet and a chord of 229.36 feet bearing
S 90 05' 2611 W; thence 134.54 feet, along an
arc to the left having a radius of 240.00 feet
and a chord of 132.78 feet, bearing S 140 01'
5311 W; thence S 020 01' 3911 E, a distance of
23.67 feet to a point; thence 227.77 feet,
along an arc to the right having a radius of
145.00 feet and a chord of 205.06 feet,
bearing S 420 58' 2111 W; thence S 870 58' 2111
W, a distance of 72.34 feet to a point; thence
N 00 51' 51" W a distance of 85.00 feet to the
point of beginning and containing 8.614 acres
of land more or less.
All interested parties are notified to appear at said hearing 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 Board of Zoning Appeals with respect to any matter
considered at this meeting 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.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, CMC/AAE
CITY CLERK
(407) 375-6062
PUBLISH: POST, MAY 15 & 19, 1996
c: City Manager, City Attorney, City Commission, Planning, Files
a:Legalnot.MALL
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the City Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planninq and Zoninq Department
PREPARED BY: Michael Haaq
DATE PREPARED: May 8, 1996
BRIEF DESCRIPTION OF NOTICE OR AD: City Commission
Hearinq Notice for PKLV 96-001 (meetinq May 21, 1996)
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
STANDARD LEGAL AD in Palm Beach Post only
SEND COPIES OF AD TO: Applicant and Director of Planninq and
Zoning, Newspaper.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED BY:
(1 ) flu. '-C. -~ ~_ 3-:/0- 7~
(Department ead) (Date)
(2 ) -4 cl'#1J ^"'-€ ;;-/ I r/ '1 "
ity A ' orney) (Date)
(3) C/{U-!- sJ /c)/9ep
.
(City Manager) (Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:LegalNot,MALL