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LEGAL APPROVAL CITY of BOYNTON BEACH J2:- '/./,' /1 ,~.rL'" ,~b1~--'-- .! ' i 200 N. Seacrest Blvd. Post Office Box 310 Boynton Beach" FL 33435 (407) 738-7.490 :, :---.. ". 'J. ., ".,. J ~ ,... /' ' OFFICE OF THE PLANNING DIRECTOR July 5, 1988 Mr. Roland Reinhardt 240 No. Congress Avenue Boynton Beach, FL 33425 Re: Bavarian Haus Restaurant site Plan Modification Our file #: 018 De~r Mr. Reinha~dt: , , . Please be advised that on Tuesday, June 21, 1988, the c~ty Commission approved the referenced request, subject to staff comments, copies of which are attached. Th~se plans were approved subject ,to your compliance with the attached stipulations. After you have amended your plans to reflect these stipulations, please have the appropriate Department Heads initial the attached check-off sheet, prior to your submission to the Building Department for permits. The approval of the city entitles you' to construct only the improvements shown on the site plan. The site plan will be viewed proc~durally as an as-built or record drawing. ~ ,If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, '. CITY OF BOYNTON BEACH (ffi~~/ fLd-~~~n . CARMEN s. ANNUNZIATO, Nf6~- ",,- PLANNING DIRECTOR \ Iro Attachments cc City Manager, Technical Review Board, Central File :J I ~/ :r 'j Building Department Planning Department STAFF COMMENTS BAVARIAN HAUS RESTAURANT SITE PLAN MODIFICATION See attached memo See attached memo ~ ... , MEMO'RJ(NDUM ro DATE 'ROM Carmen Annunziato Planning Department June 8, 1988 ~IL[ Don Jaeger Building Department SITE PLAN MODIFICATION: BAVARIAN HAUS RESTAURANT (RESTRIPING OF LEISURE- VILLE PLAZA PARKING LOT) 5U8JI!CT As a condition of site plan modification, the following comments should be incorporated into the related documents by the applicant: 1. The parking stall layout detail does not comply with the City of Boynton Beach Parking Lot Ordinance. The Parking Lot Code re- quires 9 by 18 parking stalls with a 27 foot backup aisle. 2. Handicap parking must be provided in compliance.with Table 508.2 of the uniform, Minimum County-wide Amendments to the Standard Building Code, 1985 Edition. The applicant's prompt compliance with the preceeding comments will insure a timely permitting process. -~(~- Don Ja,G~~-;-- dj:eaf xc: E.E. Howell RECliNED JUN ~8 J1988 PLANNII\lG DEPT~ \ \ \ \ \ \ \ \ \/ ~ Ii ,.., M E M 0 RAN DUM ---------- TO: Chairman and Members Planning and Zoning Board FROM: Carmen Annunziato Director, Planning Dept. RE: Request for approval of shared parking - Bavarian Haus Roland Reinhart, owner of the Bavarian Haus restaurant,is requesting approval of a request for shared parking, which, if approved, will allow an expansion in seating from 190 to 250 seats. In support of this request, Mr. Reinhart has submitted an analysis of the peak p~rking demand at the Leisureville/Forum Shoppes shopping center. This analysis was prepared by Kimley-Horn and Associates (see attached report dated May 1988). As stated in the report, the peak parking demand will occur on Fridays at 6:00 p.m. The peak parking demand is defined as the-point in time when there is the greatest demand for parking spaces given all uses which are competing for the available parking. In this instance, the use which drives parking demand the most is the 2200 seat cinema. Peak parking demand at the Leisureville/ Forum Shoppes shopping center (741 parking spaces) is computed as follows: Leisureville Shopp~ng Center 171 Forum Shoppes Retail 42 Forum Shoppes Office (not built) 60 Cinema (85% of total) 468 Total 741 \ However, the total number of parking spaces required is 741 + 10% of 741 according to the Zoning Code provision which governs requests for shared parking. Therefore, total parking spaces required by Code at the time of peak parking demand is 816. The total number of parking spaces provided on site is 880. Approval of this request is reconunended. " \ \ I. \ \ c~~ Carmen S. Annunz. to \ -:SA/csd \ 'c: City Manager \ Central File Technical Review Board Q -'7 -. . ~,~CffimL@wcOil@D'~ [ I ! l I I I THE BAVARIAN HAUS PARKING STUDY Prepared for Roland Reinhardt Boynton Beach, Florida Prepared by Kimley-Horn and Associates, Inc. West Palm Beach, Florida May 1988 June 1988 COPR Kimley-Horn 4051T.OO I I i I I I , I I ) l tJ b ! r Mff[JfJU[J@W;:J[}{j(QJ{lDfJ r i , 1 INTRODUCTION The Bavarian Haus expansion project is proposed for an area in the southeast quadrant of the Boynton Beach Boulevard and Congress Avenue intersection. The existing land uses in the center beyond the Bavarian Haus include a supermarket, a drug store, a bowling alley, several financial institutions and a the Forum Shoppes with a cinema. The proposed expansion will consist of the addition of 60 seats to the approved 190 seats to arrive at 250 seats. An additional 31 spaces will be provided to mitigate the parking impacts of the additional seats. The provision of adequate parking is an issue in the development. A major portion of the existing development is a cinema complex of some 24,000 square feet or 2,200 seats. Since the theater's parking demands peak on weekday evenings and on weekends, sharing the use of some of the existing and proposed parking spaces is a viable option. In order to determine the viability and extent of this shared use concept, Kimley- Horn and Associates, Inc., was retained to analyze the concept and document the results, thereby enabling the development to provide sufficient parking without an overbuild. The original study was conducted in 1985. As directed by City staff, we have used the 1985 data as a basis in developing this analysis. I \. The results of the 1985 study have been updated to include the restaurant expansion as well as the adjacent Super X spaces and are presented herein. Surveys of existing parking use in the center were made, research on shared use parking was conducted, and conclusions were reached on the amount of parking sufficient to meet weekday evening and Saturday demands for the existing uses and the proposed uses. These results show that by providing the number of spaces required by the City's code for the additional seats, the weekday daytime demands can be accommodated and with the shared use, the weekday evening/weekend parking demands can also be satisfied based on the 31 new spaces being provided in the eXEansion. I i I I ) 4051 T .00(07)P88-1 -1- '} 'tl [;J.DDflD[/@Wo[}:{]@[lfli] r 1 INFORMA TION ASSEMBLY To determine the existing parking demands, field studies were made on a Friday and Saturday in July, 1984, in the parking lots at the existing center. The parking areas were zoned to facilitate analysis and to relate the parking areas to the uses they served. Also a complete parking space inventory was made. Parking accumulation levels were observed from 4:00 p.m. through 9:00 p.m. on Friday and from 1:00 p.m. through 5:00 p.m. on Saturday. Every hour each parked car was counted by the zone in which it was parked and the sum of the parked cars in each zone was compared to the zone inventory. The second part of the information assembly was to obtain historical traffic count data on Congress Avenue and Boynton Beach Boulevard in the vicinity of the site. These data were obtained from the Metropolitan Planning Organization (MPO) of Palm Beach County in its annual reports on the Transportation System Surveillance Program for 1981, 1982, and 1983. This traffic volume information provides the basis to estimate seasonal variations in parking demand between July and the peak season (January, February and March) and to project the peak demand from the parking occupancy surveys done in July. The parking surveys and traffic volume data were used to estimate the parking spaces which might be available for shared use for the retail activities. A third source of information used in this study was the 1983 publication by the Urban Land Institute -- Shared Parking. A review of this research provided a basis for estimating shared use parking from office development, and as a base for estimating theater demand levels. In addition, Kimley-Horn's own experience with peak parking demands for theaters in Palm Beach County supplemented the analysis. J 4051 T .00(07)P88-1 -2- r . ~ r~'" n~n nn w'{jUfJDLJ.5r;O LnJ@)[l[jfJ ( 1 i , I ANAL YSIS The first step in the analysis was to analyze the availability of surplus spaces in the existing parking areas during a weekday evening and on Saturday. These field surveys were conducted hourly and the number of spaces occupied were counted, then compared to the available spaces by zone. The accumulation survey results are attached as Appendix A. In conjunction with this activity, the MPO traffic data were assembled to develop a seasonal adjustment for the parking occupancy. Three years' traffic data were assembled for the first and third quarters to deveiop an adjustment factor. The results of this comparison are shown in Table 1. The aggregate ratio of first quarter to third quarter is 1.19. Therefore, the observed parking occupancy levels were increased by 20 percent (I.19 rounded to 1.20) to account for peak season use. I _ i I i I I I I ; I To assess the availability of and potential for cross parking - shared use parking, the analysis zones adjacent to the proposed site were analyzed in detail and adjusted for seasonal variations. The adjacent Super X drug store (Zones 2 and 3), Winn Dixie (Zone 4), the Bavarian Haus (Zone .5), and Florida National (Zone 6) were used for this analysis originally since all were within reasonable walking distance of the critical use, the cinema complex. This analysis was also used to determine the shared use percentage of available parking for similar uses in the proposed center. On Friday evening at the Bavarian Haus 21 spaces were in demand leaving 30 available. At Florida National, 3 spaces were used of the available 29. The number of parking spaces available at the Florida National Bank has been reduced to 27 since the time of the original inventory. Adjustments are made in the following sections of this report. On Saturday there were 39 spaces available at the Bavarian Hau~ and 28 available at Florida National. The Winn Dixie has a 6:00 p.m. Friday surplus of 131 spaces I I I ~ 40.51 T.00(07lP88-1 c; -3- . I ~D[JfJiJO&ifo!X@[lfiD I r I I I I and a 1:00 p.m. Saturday surplus of 124 spaces. The Super X has a surplus of 16 spaces on Friday at 6:00 p.m. and a surplus of 19 spaces on Saturday at 1:00 p.m. After adjustment to a peak season demand level these zones would have estimated surplus space of 54.2 percent of inventory. Table 2 summarizes the cross parking - shared use parking analysis. Based on this analysis a composite value of 54.2 percent shared use parking availability could be applied to the proposed retail use. in the new center for weekday evenings. TABLE 1 SEASONAL VARIATIONS Year Station Loca tion 1st Q 3rd Q Ist/3rd 83 5601-2 Boynton Beach Blvd. (W) 17,769 14,190 1.25 83 5203-2 Boynton Beach Blvd. (E) 23,186 20,755 1.12 82 5201-2 Boynton Beach Blvd. (E) 3,584 2,996 1.20 81 5601-2 Boynton Beach Blvd. (W) 13,807 11 ,684 1.18 81 5201-2 Boynton Beach Blvd. (E) 3,207 3,003 1.07 Boynton Beach 61,553 52,598 1.17 Year Station Location 1st Q 3rd Q Ist/3rd 83 5206-2 Congress Avenue (N) 9,742 8,939 1.09 83 5610-2 Congress Avenue (S) 13,822 10,478 1.32 81 5206-2 9,930 8,035 1.24 Congress 33,494 27,452 1.22 I =-== I Boynton Beach &. Congress 95,047 80,050 1.19 I SA Y 1. 20 I I Source: MPO of Palm Beach County l Transportation System Surveillance Program - 81, 82, 83 ) 4051 T .00(07)P88-1 -4- ID · ~m7D~oC{7@[(liU I r 1 TABLE 2 CROSS PARKING - SHARED USE Existing Peak Accumulation No. of Friday 6:00 PM Saturday 1:00 PM Zone Spaces Peak of Site Peak of Site 2 Super X 22 7 10 3 Super X 48 37 32 Subtotal 70 44 42 Available to Share 26 28 %-Difflll Spaces 37.1 40.0 5 Bavarian Haus 51 21 12 6 Fla. National 29 3 1 Sub-total 80 24 13 A vailable to Share 56 67 %-Difflll Sp 70.0 83.8 4 Winn-Dixie 193 62 69 A vailable to Share 131 124 %-Diff/II Sp 67.9 64.2 Totals 343 130 124 A vailable to Share 213 219 %-Difflll Sp 62.1 63.8 * * * * * * * * * * * * * * * * * * * * * * * * * * * I I I I \ ) 4051 T .00(07)P88-1 -5- II 4051 T .00(07)P88-1 -6- ~ . .- I , f/tO[jfJi)O(j)flla [J{j@[j'{j[) r 1 To assess the impact of the Bavarian Haus with 250 seats, f~rther analysis was conducted. Thirty-one spaces were added to the Winn-Dixie site by restriping. The addition is included in the re-analysis. The 31 were added to compensate for the loss at the Florida National Bank and still provide the appropriate buffer for the Bavarian Haus. Furthermore, although the total accumulation figures are used to assess the parking demand, 23 spaces must be taken from the entire Winn Dixie site when the Forum Shoppes is considered. These 23 spaces were included as part of spaces provided for that use. A recalculation of the site with the Bavarian Haus expansion and the Winn Dixie adjustments is as follows. Table 2 becomes: Friday 6:00 PM No. of Peak of % of % Avail. /! A vail. Zone Spaces Site Accu.1 Parking to Share to Share 2 Super X 22 9 41.0% 59.0% 13 3 Super X 48 45 93.8% 6.2% 3 5 Bavarian Haus 52 39* 75% (39% 25.0% 13 of code) 6 Fla. National 27 4 15% 85.0% 23 4 Winn-Dixie 201 74 37% 63.0% 127 TOTALS 350 171 179 1 With 1.2 seasonal adjustment. *Based on demand demonstrated from 1985 report. i I I I I '-- ) 4051 T .00(07)P88-1 -7- 13 " [r~oCi@rOV I] r ") I I I I I I I Satur. 1:00 PM i No. of Peak of % of % Avail. /I A vail. Zone Spaces Site Accu.l Parking to Share to Share I 2 Super X 22 12 7.6% 92.4% 10 I 3 Super X 48 39 24.7% 75.3% 9 5 Bavarian Haus 52 22 42% (22% 58% 30 of code) 6 Fla. National 27 2 7.4% 92.6% 25 4 Winn-Dixie 201 83 41.3% 58.7% 118 TOTAL 350 158 192 I I i ~ I I I I I I I ) 4051 T .00(07)P88-1 -8- j,f : I . , ., ~DfJffD[J@Wa[}{]@rJ[jf1 \ r I I i To estimate the weekday evening and weekend availability of parking inventory for office use, the 1983 Urban Land Institute publication - Shared Parking was used. The hours from 4:00 p.m. to 9:00 p.m. were investigated for weekdays and from 1:00 p.m. to 5:00 p.m. on Saturdays. The percent parking accumulations were extracted from the ULI publication and are summarized in Table 3. This table shows that at 6:00 p.m. on weekdays only 25 percent of office use parking spaces are occupied, leaving 75 percent available for shared use. On Saturdays, only 14 percent of the spaces serving office uses are occupied at 1:00 p.m. TABLE 3 OFFICE USE % of Peak Accumulation Office Use Hour 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6 p.m. 7 p.m. 8 p.m. 9 p.m. Weekday Saturday 91 14 97 10 94 8 76 7 50 4 25 3 7 2 5 2 4 2 Source: ULI Publication, SHARED PARKING, 1983. , l 4051 T .00(07)P88-1 6 -9- 1 i I ~ ., ctDfJiJiJ[]@r!7or;o@[?[Ji) ( I i I In order to assess the adequacy of the proposed parking for the Bavarian Haus, the city's code requirements were compared to ULI's recommended parking requirement ratios and to the shared use concept. In its report on shared use parking, ULI identifies recommended peak, non-shared demand rates for weekdays and Saturdays. These rates are the results of actual field studies. They are summarized below in Table 4, together with the City's code requirements. 1 I TABLE IJ PARKING REQUIREMENTS Use ULI Recommendation Weekday Saturday City Code Office Retail Cinemas Restaurant 3.0 sp/ 1 ,000 sf 3.8 sp/1 ,000 sf 0.25 sp/seat 20 sp/1000 0.5 sp/1,000 sf 5.0 sp/1 ,000 sf 0.3 sp/seat 20 sp/1 000 sf 3.33 .sp/1 ,000 sf 5.0 sp/1,000 sf 0.25 sp/seat 1.0 sp/2.5 seats This summary shows that the City's requirements are equal to or greater than the recommended ratios. For the proposed uses in the center the city code requires 93 spaces for retail, 240 spaces for office and 550 spaces for the cinema complex, without consideration of cross parking or shared use. The parking proposed for the Forum Shoppes development shows 93 spaces for retail and 240 spaces for office, with 198 spaces remaining for cinema use, totaling 531 spaces proposed. By applying the shared use ratios and the analysis to existing and proposed parking, an analysis of weekday evening and Saturday parking requirements was conducted in 1985 for the Forum Shoppes. Table 5 shows the results of this analysis with the expansion of the Bavarian Haus and the additional spaces. For a weekday evening (6:00 p.m.) demand time, the Forum Shoppes on site will have 57 spaces available for cinema parkers, while the 350 spaces in the existing center (Zones 2 through 6) will afford 179 spaces (at 51 percent available). The 240 spaces for the on-site office use will afford 180 spaces (75 percent available) for cinema use. ) 4051 T .OO(07}P88-1 -10- Iv;; . tr fl EYOwflJ@Wo{JO@f?fliJ I r I 1 TABLE 5 SUMMAR Y - A V AILABLE FOR SHARED USE AT 6 P.M. - WEEKDAY, PEAK SEASON II Spaces Provided II Needed % Available II Available Retail On Site Forum Shoppes 92 42 54.2* 50 Cross Parking 350 171 51.1 * 179 Winn Dixie 201 74/ 63.0 127 Bavarian Haus 52 39 25.0 13 Florida National 27 4 85.0 23 Super X (Zone 2) 22 9 59.0 13 Super X (Zone 3) 48 45 6.2 3 Office On Site 240 60 75** 180 Cinema On-Site 198 468 100 198 TOTALS 880 741 607 Surplus Shared Parking (880-741=139) 139 *See Table 2. **See Table 3, 6 PM. I I " i I I I I ~ 4051 T .00(07}P88-1 -11- If) . · r ffS.UfJijfJ@f!lcfXJ@f1[Ji) I r I I I I I ! The remaining 198 Forum Shoppes spaces are 100 percent available for a demand of 468 for cinema use. The total of spaces on-site is 880. At the peak of the site (6:00 p.m.), there is a demand for 741 spaces. The demand reflects the cinema needing 85%1 of the 550 spaces required. The total surplus on-site at 6:00 p.m. is 139 (880 spaces available - 741 spaces in demand at 6:00 p.m. = 139 surplus spaces). The buffer for the peak of the si te is: 1 I I 139 surplus shared parking spaces 18 8% 741 spaces required at 6:00 p.m: . After 6:00 p.m. there will be an increase in the availability of parking spaces on the site. This will coincide with observed cinema peaking characteristics which show cinema activity also increases after 6:00 p.m. on a Friday evening. The surplus of parking spaces for the site at various times on a Friday are shown below: Time (P.M.) 7:00 8:00 9:00 Surplus Spaces 240 206 234 A similar analysis for Saturdays at 1:00 p.m. shows a total demand with shared use - cross parking of 609 spaces. Given the available 880 spaces, a surplus of 271 spaces will exist (880 spaces provided - 609 spaces required = 271 surplus spaces). A buffer of 44% exists. During other time periods on a Saturday there will be addi tional surplus spaces. I I I , lULl reflects 80%; 85% was taken as a conservative measure. 4051 T .OO(07)P88-1 -12- /s 1- f:;tuIiflD[]@r;yafJO@rJ[if) ( ! I I I i I I ! ! I i - I I - I I L- SUMMAR Y AND CONCLUSIONS This study examined the projected availability of parking for the Bavarian Haus as it relates to the rest of the shopping center. Surveys of existing parking use in the shopping center were made, research on shared use parking was conducted, and conclusions were reached on the amount of parking available to meet weekday evening and Saturday demands for the proposed land uses in the shopping center. It was determined during this analysis that the period of peak demand will occur at 6:00 p.m. on Friday. Based on the results of this analysis, the available parking for cinema use in the peak demand periods will meet city code for typical peak weekday evening and weekend use under the shared use - cross parking concept. The entire site will meet buffer code requirements with an 18.8% buffer as demonstrated by adding the 31 parking spaces and including the Super X drug store spaces. 4051 T .00(07)P88-l /9 1 I I I I J -13- ----------- ~ . -/,:;1 ~ ~f ' \ \ ~,t~[2l:U@!7-:~ "L;@fj'[JfJ \' .... , . \ \ \ \ - . \ APPENDIX A PARKING OCCUPANCY SURVEYS . \ \ \ ~-------- \ " j(o " ~ 0': . ." I " ;/7;;~r: ~~~..r. ~ I . . QroII' i 1~,-_LLlJl;u~J'u~"l.el!OD I ,---- APPENDIX A PARKING OCCUPANCY SURVEYS Inventory Friday Evening Accumulation Zone CII Spaces) 4:00 5:00 6:00 7:00 8:00 9:00 2 22 12 8 7 4 4 2 3 48 36 42 37 20 16 12 4 193 63 62 62 41 35 33 5 51 5 15 21 13 18 9 6 29 9 11 3 2 0 0 Total 343 125 138 130 80 73 56 Saturday Afternoon Accumulation 1:00 2:00 3:00 4:00 5:00 2 22 10 10 6 8 4 3 48 32 27 22 22 18 4 193 69 66 64 53 44 5 51 12 9 6 4 8 6 29 1 1 0 0 0 Total 343 124 113 98 87 74 ,. 02/ i, ;t:~ ~~ ~~ ~~ < bJ"" '- '" "!-;, ~ :\i ~ ~ ~ ~ ~ ~ ~ I;,) ~ ~ ~ "" CCNGKE:5::5 AVE /vc../ 6-' ~~ I I I I I I OJ I D I ~ I I ~ I ~ ~ l)J ~ :t: -..J D~~-..J UJ ~ f'.. IS.. "" .... V '" lJ\ >\l ~ ~ '-- 3D :",<:':: ,~{~;' :'. :.,.': . ":':-.' :.!, .:.." ,;" I..... ~" ~i\ 'i:t "'i o I'-- I l, I -l tll Sf\ ~~ l~ 0; U'I o o : '-, . . -n~d "...~...-.' .' . I ,I II ;:tl r I I \ 11\iIlIlIl'llllllllll ~II@ 1111111"'""1111111 ~lm~~]1 .11-- ~~ ~r &> In l~; -' ~ _J ..... CAMBRIDGE PACIFIC Rea.! Estate, Mortgage BankIng. Investnzents 260 South Lake Ave. Suite 210~ P.asade.l1a CA 91101 (818) 568-2820 February 25. 1989 Jim Golden Assistant City Planner Ci ty of Boynton Beach 200 N. Seacrest Blvd. BoyntonBeach, Florida 33425-00310 Dear Jim: 1 'Want to personally thank you for taking the time to meet 'With me last February 9th in your office on such short notice to revie'W the site plan on my proposed puchase and construction of the Forum Shoppes site at Congress Avenue and Boynton Beach Boulevard. To ensure that there is no misunderstanding about 'What 'We discussed, 1 'Would like to confirm in 'Writing my understanding of our meeting. -You indicated that the site 'Was approved for an additional 68,000 square foot office building 'With 227 approved parking spaces. You concurred that this 'Would not be economically feasible to build given the present glut of office space in the area. -1 asked if 1 could reassign the 227 approved parking spaces to 45,000 square feet of additional retail space. You said that all the available contingent parking under the cross parking agreement 'Was used by the recent expansion of the Bavarian restaurant. You further explained that in the original parking calculations several spaces 'Were apparently counted t'Wice 'Which further reduces available surplus parking. You also stated that parking requirements for additional retail space 'Would be severely restricted, if not impossible, because of differences in peak time use, mix of present retail business, and current and anticipated traffic congestion in the center 'With additional retail space. Ergo, additional retail development looks bleak. You referred me to Don Jaeger 'Who you said could ans'Wer all my questions regarding signage and landscaping. Therefore, I am incorporating my meeting 'With Don in this letter and 'Will copy him accordingly. 'R'EC~NJE;Th tMRt61l989 RU!AWW,Ws~3J- - ,... -,., .. -Don Jaeger stated that only one sign is permitted in the center 'Nith either the name of the center or an anchor tenant. I requested signage equal to that at Oak'Nood Plaza. Don said the city 'Nas in error to allo'N that sign, and this could not be allo'Ned again. With this restriction placed on the Forum Shoppes project, it 'Nould create unreasonable hardship for identification purposes. -Don also said that no flags or banners 'Nould be allo'Ned other than a US Flag and maybe a State Flag. Therefore, my thoughts of creating a formal signature 'Nith flags on each side of the entrance 'Nould be disallo'Ned. -Don said that any landscaping plans 'Nould have to be revie'Ned by the Community Appearance Board -Don explained that the City has really cracked dO'Nn on signage ordinances as they are emphasizing 10'N key visibility in the commercial corridors. In conclusion, it 'Nould appear that this site has severe restrictions insofar as exposure and additional retail development is concerned. Please understand, Jim, that the foregoing represents my understanding of my meeting 'Nith you and Don. If, in fact, they are to the contrary, I 'Nould appreciate your 'Nritten response at your- ear-1iest convenience. I 'Nould like to close by saying that I 'Nas treated cordially and professionally and you and Don 'Nere very helpful and informative. Kindest Regards, ~~ C- C~"'" Walter E. Cameron B3 ! I I I ,.- QiJ ~ l'"v <:/:-o~.. v ~~.~'r)..C\ ,l::' <:/:-0 ~<::'l-y,'J" (:-c." ~~ e~ rJ> ,,~o .tS "q] ~ ~'~<::-'~ ~'ti ,v. qj ~t;) CERTIFIED MAIL RETURN RECEIPT REQUESTED June 8, 1988 This letter is confirmation of our conversation of today, June 8, 1988 regarding the proposed parking variance by the Bavarian House (Phoenix Enterprises of Boynton Beach). As we discussed, we never entered into a common area parking agreement with the property owners, nor do we plan to do so in the near future. Therefore, our parking area is for the exclusive use of our patrons, and these spaces should not be included in any calculations for the applicant's parking requirements. Yours truly, -FAIR LANES FLORIDA BOHLING, INC. /--y~ James J. Piet Director of New Location~ .. 3~ Hr. Jim Golden Planning Department City of Boynton Beach 200 N. Seacrest Boulevard Boynton Beach, Florida 33425 Dear Hr. Golden: JFP/mmr Kim/ey-Horn and Associates, Inc. 4431 Embarcadero Drive, West Palm Beach, FL 33407. (305) 845-0665 Raleigh, Durham. Charlotte. Nashville, Virginia Beach, Washington, Dallas. West Palm Beach. Tampa, Orlando. Fl Lauderdale. Vero Beach. Fl Myers. Phoenix May 31, 1988 4051T.00(07) Mr. Jim Golden City of Boynton Beach 120 N.E. Boynton Beach Boulevard Boynton Beach, Florida Re: The Bavarian Haus Dear Mr. Golden: The attached application represents a modification to an existing site plan. Changes have been made relative to the shared parking analysis. At your direction we are submitting the check and application by May 31, 1988. All remaining items including surveys will be submitted by 5:00 p.m. on Monday, June 6, 1988. Thank you for your assistance in this matter. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. ~4/n IJ;(~ Susan O'Rourke Transportation Analyst SOR:jsl Attachment 4051 TOOL.sor/jsl \ \ Building client relationships since 1967 \ \ '.-------- ~ ,. . -.. Kim/ey-Horn and Associates, Inc. 4431 Embarcadero Drive, West Palm Beach, FL 33407. (305) 845-0665 Raleigh. Durham. Charlotte, Nashville. Virginia Beach. Washington, Dallas. West Palm Beach, Tampa, Orlando, Fl Lauderdale, Vero Beach. Fl Myers. Phoenix . , , May 23, 1988 4051TOO.(07) Mr. Carmen Annunziato Director of Planning City of Boynton Beach 120 N.E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: Bavarian Haus Parking Study Dear Carmen: As per our conversation on Friday, May 20, we have revised the Bavarian Haus Parking Study. Existing counts show the parking lot to provide the number of spaces indicated in the staff memorandum of November 6, 1985. A major modification identified in the field is the replacement of spaces along the center entrance driveway with spaces along the theater entrance. Additionally, two spaces were removed from the Florida _ National Bank when the Forum Shoppes built their parking lot. We have added two more spaces to the restriping process of the Winn Dixie in addition to the 29 originally identified to meet the buffer code. For simplicity, we have removed the references to the zones in the report since we are now dealing strictly with the Bavarian Haus, adjacent Winn Dixie, and the Florida National Bank. If you have any questions or comments regarding our revised study, please do not hesitate to call. Very truly yours, ~~:~~OCIA='INC' ~~J~t~ J6 I I I I I I I I I I ------- / . JFB/SOR:jsl ." 405 I TOOL.sor/jsl Building client relationships since 1967 ,.." ~ ..... .jt. s CITY of BOYNTON BEACH ~; , .... . 200 N. Seacrest Blvd. Post Office Box 310 Boynton Bea~h, FL 33435 ( 3 05 ) .73 8 -7 4 9 0 " :; -:---- r I ' ._..:.-v-..-'~~ ..- " ';'~:III.~I~:.: . ...... ~L--~::______:::___!:::. ~ ...!....:iiJ.. ~_ '~.'" ,I." o ~ ..- _"-.---.- . .....=-~ I ~k -~ . .~,r tt;'~.~i"~~~;;::::;;~ ',!:.:l~" J~i :l ~~':.Ir~ ........:..-.~.~ =-~-'"~~-::-,.. ,~..a;'U'fl,!; ~04~ r'!" _~_ _ ~. .t ~C ..... .-t.. \; ". ....,....-. - .....\r"'" . ::. ,.~.t.J;..~~ . .... ._~,. ~}. ~~~~ ~....~..~~-= .;......... ~---:- -- if OFFICE OF THE PLANNING DIRECTOR May 13, 1988 Mr. Harold D. Vick, P.E., ACIP Kimley Horn and Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FL 33407 Re: The Bavarian Haus Restaurant Dear Mr. Vick: The purpose of this letter is to inform you that the Planhing Department staff has reviewed your parking study for the Bavarian Haus Restaurant dated May 3, 1988. The staff comments are as . follows: 1. Field studies conducted in July 1984, are outdated and should be updated. 2. The traffic volume data, which provides the basis for estimating seasonal variations in parking demand between July and the peak season (January through March) is dated 1981-1983 and should be updated. 3. Figure no. 1, "Accumulation Survey Zones," is outdated, as noted in item #1 above, and should be updated, as changes have been made in the field to these parking lots. For example, a parking lot variance was approved for the Florida National Bank in November, 1985 which resulted in the elimination of four (4) parking spaces to provide for a driveway connection to the main Forum Shoppes' driveway. 4. Based on the existing shared parking allocation for the cinema, it should be assumed that a supermarket will be occupying the vacant Winn-Dixie store at Leisureville Plaza. It should also be noted that future occupancy of the vacant Winn-Dixie floor space will be limited. to those uses which exhibit a parking accumulation curve" equal to or less than the supermarket occupancy. .'. 91 , . .... . ~ .. 5. If the shared parking allocation for the Bavarian Haus is resubmitted in connection with approval of a new shared parking allocation or justification for a variance for relief from the 10% shared parking buffer, it is recommended that the report be accompanied by six (6) copies of a site plan which illustrates the restriping scheme for the Winn-Dixie parking lot. The site plan would be submitted to the Technical Review Board to insure compliance with the applicable provisions of the Parking Lot Ordinance. The site plan should also be accompanied by written verification from the owner of Leisureville Plaza indicating that they will allow the restriping of the parking lot. 6. According to the revised data which is based on the restriping of the Winn-Dixie parking lot to add an additional twenty-four (24) parking spaces, there will be a surplus of sixty-six (66) parking spaces at the weekday peak (6:00 p.m.). This translates into a 12% buffer for the cinema, as verified in the report dated May ,3, 1988. The buffer for the Bavarian Haus restaurant has been calculated incorrectly, however. The proper calculation should read as follows: 66 surplus - 81 required = *19 spaces provided + 81 shared *33 of the 52 parking spaces at the Bavarian Haus have been allocated for use by the cinema at the 6:00 p.m weekday peak hour. Therefore, to include these spaces for the Bavarian Haus calculation would constitute double utilization of these parking spaces. -15/100 = -15% 7. Based on the buffer calculation outlined in item no. 6, an additional 15 parking spaces would be required to break even, and an additional 25 parking spaces would be required to meet the 10% buffer requirement as outlined below: 91 surplus - 81 required = 10/100 = 10% 19 spaces provided + 81 shared ". j~ "" . . If you have any questions concerning the above, please do not hesitate to contact me. jcsd cc: fee, Yours very truly, CITY OF BOYNTON BEACH , ~ ,,/~ Carmen S. Annunziato, AICP Planning Director City Manager Assistant City Manager Al Newbold Roland Reinhardt '-./~~ / '/?:P7/'I' I '{~ 7\.,,1 , ~ -:. j9 r:. ' ~.: .!- " MEMQRANDUM May 12, 1988 ~ FROM: Peter Cheney, City Manager Raymond A. Rea, City Attorney Use of undeveloped portions of site when calculating shared parking TO: RE: I am in receipt of your Memorandum dated May 9, which was received in this office on May 11, 1988, regarding the above referenced topic. You present two questions for consideration which will be answered individually. 1. Is it necessary to continue to reserve the parking for the yet to be built office building shown on the approved site plan for the Forum Shoppes? The answer to this is in the affirmative. This City is required. to reserve the parking space for the yet to be built office building. The approved site plan has vested certain rights in the owner of said parcel. Because of the vesting of property rights which have occurred once the site plan has been built and substantially completed, we now find ourselves in a position which requires reserving the parking space. The developer may, at any time, wish to build this building according to the site plan and has a right to do so under our Ordinances and well established Florida case ,law. 2. Now that the Winn Dixie store has gone out of business, is it necessary to preserve the parking that was allocated as part of the shared parking agreement for the Winn Dixie store? The answer to this is also in the affirmative. The Winn Dixie store, although out of business, is a commercial use which can be reactivated at any time in the near future. Once the use is reactivated, the reserved parking will be needed to service this particular use. Once again, the uses discussed above are vested and cannot be denied under any interpretation of our Ordinances and Florida case law. Incidentally, it might be interesting to note that the property owners are certainly free to negotia te amongst themselves to limit certain uses in exchange. for additional Rt ........"....,"'TVED ' .:..... L.i:t.l., ~ .\AAY :12 1988 PLANNING DEP_T!. . ..,.,'-'..t...,., -, 10 , .' \ '\' "J -, MEl10RANDUM Peter C. Cheney, City Manager May 12, 1988 Page 2 parking to others. This would require a modification of the joint parking agreement which would be satisfactory to the City. However, such an approach is extremely cumbersome and would not be likely to be achievable. ~ ~ K- ~. Rea City Attorney RAFol r cc: George Hunt, Assistant City Manager r"Carmen Annunziato,:' City" Planner Betty Boroni, City Clerk ,L}J "'~J '?'. . MEMORANDUM May 9, 1988 RECE~ . ':~D MAY 14 ~8 orN ATIORNt.\ TO: FROM: SUBJECT: Raymond Rea, City Attorney Peter L. Cheney, City Manager Use of undeveloped portions of site when calculating shared parking - -...- The property at the corner of Congress Avenue and Ocean Avenue is included in a shared parking allocation agreement. The properties included in this agreement are the "Winn Dixie" shopping center, the Bavarian Haus, Florida National Bank, and the Forum Shoppes/Theatre property. A portion of the Forum Shoppes property site plan 1s currently undeveloped but that same undeveloped portion was included in the site plan approval for the Forum Shoppes complex, and was included in the shared parking calculations agreed to by all the property owners. Recently the Winn Dixie food store in the "Winn Dixie" shopping center has become vacant, but this entire shopping center was also included in the shared parking calculations. Currently the Bavarian Haus restaurant is attempting to be certified for a 250 seating capacity, which is larger than the seating capacity originally agreed to in the shared parking allocation. Assuming that the shared . parking fonmula does not make it possible for the Bavarian Haus Restaurant to have 250 seats, under the current procedures for calculating the shared parking order provisions, the following questions arise for your response: 1. Is it necessary to continue to reserve the parking for the yet to be built office building shown on the apporoved site plan for the Forum Shoppes, and 2. Now that the Winn Dixie store has gone out of business, is it necessary to preserve the parking that was allocated as part of the shared parking agreement for the Winn Dixie store. ~~ / c;/'y eter L. Cheney City Manager PLC:lat cc: George N. Hunt, Assistant City Manager Carmen Annunziato, City Planner 1:1 / ." . LAW OF'F'ICES ERACKETT, COOK, SNED & WELCH, P.A. 216 OATURA STREET POST OF'F'ICE BOX 37.6 WEST PALM BEACH, FLORIDA 00402 " ALAN ,.. BRACKETT (RETIREO) CHRISTOPHER H. COOK ROBERT A. O'ANGIO. .JR. S. EMORY ROGERS WILLIAM H. SNEO. .JR. .JOAN B. TUCKER EOWARO O. WELCH TELEPHONE (305)655.8631 . Ap r i 1 5" 1988 Roland Reinhardt, President The Bavarian House Restaurant 240 N. Congress ~venue Boynton Beach, Florida 33426 RE: Restriping Leisuresville Shopping Center Parking Lot Dear Mr. Reinhardt: This letter is to authorize you to proceed with your plans to restripe the parking lot belonging to Leisureville Shopping Center as outlined in your letter dateo April 4, 1988 and as follows: 1. Absolutely no charge, fee, tax, assessment or cost associated with the application, permits, design, painting or construction of the parking lot shall be incurred by Leisureville Shopping Center or Shelby Martin, Trustee. 2. No representation by Leisureville Shopping Center or Shelby Martin, Trustee, is made to the feasibility, availability or approval of the project and that should said project not be approved, the Bavarian House Restaurant agrees to pay for all improvements or any costs associated therewith and Leisureville Shopping Center and Shelby Martin, Trustee, shall not ~e responsible for any liability so incurred. 3. Every reasonable effort shall be made to coordinate with Shelby Martin, Trustee, so that all of the tenants of Leisure- ville Shopping Center shall have continued use and enjoyment of ample parking space during the reconstruction or redesign of the parking lot. Should any action be brought against Leisureville Shopping Center for unavailability of parking during the redesign or restriping, The Bavarian House Restaurant shall indemnify and hold harmless Leisureville Shopping Center and Shelby Martin, Trustee, for any damages, costs or attorney's fees associated therewith. Acceptance of this letter without objection shall be deemed to be your agreement and consent to the above terms and conditions. vefJ truly eYo~~rs , N-::. b~~ -' - S. .EmOrYt"gers, q. ~ '. , "-. cc: Shelby Hartin /IS ~ i ,> .~ .... ".i', -.. April 4, 1988 I' r~r. Emery Rodgers, P.A. Brackett, Cook, Sned, Welsh & Scott 218 Datura Street West Palm Beach, Florida 33401 Subject: leisureville Shopping' Center Congress Aven~e,:Briynton Beach, Fla. Dear Hr. Rodgers: ., , Over the past several montHs, the Bavari an House Restaurant has been working with the City of Boynton Beach to achieve additional seating capacity at the restaurant. The restaurant is currently undergoing an addition and modification to the facility. We have hired professionals to analyze the parking needs associated with this improvement and believe that modification to the existing parking lot will yield additional capacity. We have worked with Mrs. Shelby Martin, Trustee, and believe this approach to be jointly beneficial to all parties. -It is therefore respectfully requested that the Bavarian House Restaurant be given authorization by your fine office to present a parking restriping plan to the City of Boynton Beach for approval. The Bavarian House -Restaurant will cover all costs associated with this parking lot restriping approach, if the City of Boynton Beach authorizes the additional seating. We will be making our application for additional / seating after we engineer an appropriately designed plan, based on the current City parking codes. For us to proceed with this approach, we understand that permission is necessary, thus we are requesting your cooperation and assistance on this matter. Prior to our actual application it is understood that we wi 11 meet and work wi th the Trustee to recei ve concurrence .. on the parking plan. Sincer~, , / // /~r:::. ",r"K /1'~~,(C?7~/ Roland Reinhardt, President The Bavarian House Restaurant (737-9362) cc: Shelby Martin, Trustee leisureville Shopping Center I \ \ \ \ \ \/ 41 'i .t. . ,. i- .. t. ~. r~$! i 1 II '. '1 II i' t OJ {)> I<'~ I ' r~ 1- I ~ t):> :~i :2 ~1 ~ . t . 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Post Office Box 310 ~~~~~~~ Boynton Bea~h, FL 33435 .:....... -- (305) 738-7490 OFFICE OF THE ,PLANNING DIRECTOR February 10, 1988 Mr. Vincent T. Connel 2513 N.E. 3rd Street Boynton Beach, FL 33435 Re: Bavarian Haus Dear Mr. Connel: The purpose of this letter is to inform you t~at the Planning Department is returning your application and check in the amount of $.200.00 for the .above-referenced site plan modification. This application cannot be processed for the fOllowing reasons: 1. The parking study does not reflect parking conditions under peak hour parking utilization at "buildout" based on statistical data furnished by the Urban Land Institute or some other recognized land planning and design organization (Section l1-H.13 of Appendix A, Zoning). Furthermore, for purposes of shared parking, it cannot be assumed that the vacant parking 'spaces currently available at Leisureville Plaza due to the vacant Winn-Dixie supermarket will be of a permanent nature. 2. Du~ to the lack of statistical data, there is no basis for making a determination as to whether or not the methodology used in this study corresponds to the methodology used in' the approved Kimley-Horn study for the Forum Shoppes. 3. The previous approval by the City Commission for the 190 seat expansion was based on statistical data furnished in the study prepared by Kimley- Horn for the Forum Shoppes. The Forum Shoppes study, which was approved by the City Commis~ion prior to the preparation of the original Bavarian Haus study, provided statistical'data that indicated that the Bavarian Haus Restaurant , . . tJ,\/ ..' or , Mr. vincent T.;Connel February 10, 1988 Page -2- " could expand to no more than 190 seats. Seating capacity above 190 would create a parking demand greater than the parking supply available at peak hour use under conditions at buildout. since the picture at buildout has not changed, no opportunity exists to provide the 10% buffer required by Section 11-H.13 of Appendix A, zoning. ' If you have any questions concerning the above, please do not hesitate to contact me. Yours very truly, CITY OF BOYNTON BEACH c.. __ -.. jt' .~ CARMEN S. ANNUNZIATO, AICP PLANNING DIRECTOR CSA:ro i I . cc :Tambr~ J. Heyden 'Roland Reinhardt Central File qg ,;;. ~/- " MEMORANDUM 6 November 1985 TO: Chairman and Members Planning and Zoning Board RE: Carmen S. Annunziato Planning Department Bavarian Haus Site Plan Modification Shared Parking Study - _ FROM: Section ll-H(13) of the Zoning Code contains the following pro- vision for shared parking: Parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required parking spaces of another use or structure if quantitative evidence is provided showing that ~arking demand for the different uses or structures would occur on d1fferent days of the week or at different hours. Evidence for joint alloca- tion of required parking spaces shall be submitted to the Technical Review Board, and approval of joint allocation of required parking spaces shall be made by the Council, after review and recommendation by the Planning and Zoning Board. With respect to the above, Beril Kruger, agent, for Roland Reinhardt, property owner, is requesting approval of a shared parking alloca- tion in connection with a site plan modification for the Bavarian Haus Restaurant. The restaurant is located on an out-parcel at the Forum Shoppes Shopping Center south of Leisureville Plaza. The proposed modification is for an expansion of the existing restaurant from 160 licensed seats to~~licensed seats. The modified site plan provides for ~~on-si~rking spaces, 36 spaces short of the code requirement ~89 parking spaces (1 space per 2.5 seats). Therefore, the purpose of the Bavarian Haus shared parking study is to determine the opportunity for shared parking for those 36 parking spaces which are not provided on-site, but which are necessary to meet the parking space requirements for the proposed restaurant expansion. In September, 1985 the Planning and Zoning Board recommended for, and the City Council approved a revised shared parking study for the cinema at the Forum Shoppes shopping center. The cinema required 550 parking spaces of which only 198 out of a total of 531 parking spaces provided on-site could be assigned for the cinema use. The remainder of the parking spaces were assigned to meet the code require- ments for the retail and office uses. Therefore, an additional 352 (550-198) shared parking spaces were required to meet the parking space requirements for the cinema. Following is a breakdown of both the on-site and shared parking available to the cinema at the Forum Shoppes: Parking provided on-site = 531 spaces Assigned to retail = 93 spaces Assigned to office = 240 spaces Available to cinema = 198 spaces 4q ~ . Page Two. Parking required for" cinema Parking available to cinema Shared parking needed = 550 spaces 198 spaces 352 spaces = = Parking Available from other sources: On-site retail = 93 x .623* = 58 spaces On-site office = 240 x .75* = 180 spaces Other retail** = l70 spaces Total shared parking available = 408 spaces Total shared parking available = Shared parking required - cinema = Surplus shared parking available = 408 spaces 352 spaces 56 spaces The Planning Department's findings with respect to the Bavarian Haus shared parking stu~y are as follows: 1. The Bavarian. Haus shared parking study is based in large part on '.the Forum Shoppes shared parking study. However, the Bavarian .Haus study was not revised to reflect the final version of the Forum Shoppes parking study which was approved by the Planning and Zoning Board and the City council.: 2. The Bavarian Haus report indicates that peak hour usage for the restaurant on weekdays (5:00 p.m. - 6:00 p.m.) does not generally conflict with the peak hours of the cinema which will probably be 8:00 p.m. to 9:00 p.m. on weekdays (Page 11). According to the Kimley-Horn report, peak parking demand for the cinema will occur at approximately 6:00 p.m., with the number of surplus parking spaces available increasing after 6:00 p.m. Therefore, in this regard, the Bavarian Haus report is not consistent with the Kimley-Horn report. 3. The ,.Planning Department's calculations (as provided in this memorandum) indicate that there are 56 shared parking spaces availabie and not 81 as indicated on Page 9 of the Bavarian Haus report. 4. The nature of the 5.6 parking space surplus is based on statistical data furnished by the Urban Land Institute and the Kimley-Horn study. This figure should not be construed to be an exact figure as it is based in part on theoretical projections of peak parking demand. * Based on Urban Land Institute findings and peak usage (weekdays 6 p.m.) ** Includes Winn-Dixie (193), Bavarian Haus (51), and Florida National ,Bank (29) = 273 x .62300 = 170 spaces. (~ Peak usage (weekdays 6:00 p.m.) ~ L- , . t '3 l{- - , 1 - /5 SfAtE~ )/r:f3{)~{J ~ ,..' I Page Three. .11__ ~ "3 cr t b6 /1% 5. The parking calculations for the Bavarian Haus site plan modification are as follows: Proposed on-site parking Parking assigned to cinema (62.3%)* Actual on-site parking available* = 51~ spaces = 33 spaces = /1"2{) spaces Actual on-site parking available* Surplus shared parking available* Total parking provided* 112-0 spaces = 77~ spaces J 00 ~ spaces/~ spaces i d . required = = RECOMMENDATION Based upon these findings, the Planning Department recommends that the request for site plan approval submitted by Beril Kruger, agent for Roland Reinhard~ property owner, be denied owing to the fact that there is not sufficient parking available for the expansion. Furthermore, as previously indicated in this memorandum, the 56 space surplus is based,on statistical theory and should be considered as a reasonable cushion upon which no future allocations should be allowed (unless peak usage differs substantially from that for the cinema and restaurant) . /bks cc: City Manager Technical Review Board Central File --- ------ ------- r--".~ - )f t /6' ~ - //- ./ 3Y- "7 13 f-{FFC-/<' =:. - <-'t- 11 .,.. '6/ 21 , D S.2'ftf=-<fX, )J~tUr r:Fve P uFFts IZ. 3lf-/1~f> *peak usage (weekdays 6:00 p.m.) ;117 5 U J? f La,S -> If-Jr,R [=./J .5? /rCc5 A-~e kVJr-FL/r/5~E Fl<o}f coAlE t (lI(:r )./)./- /J+ X+;:) W tJ--F'-'E g r 5ft)riJ30 .sfJrc.e=~ A-Re /?E&UI-RL:=.D BY j3JrvJr/?;:JrAJ !fACl5 ;1-s f/:-ft. !3uFF1=A CA-LC uL..fI+oA! J Tn-{SP.r3fo/(~J No.st{~?t CLS Ex-FsT.s 61